The European Commission published guidelines on the implementation of the Packaging and Packaging Waste Regulation (PPWR) to facilitate the uniform application of the new packaging rules across the EU and simplify compliance for economic actors and Member States. The full application of this law will level the ground with common rules on packaging across the EU.
The guidance document presented by the EC clarifies rules where the PPWR needs further interpretation and areas where stakeholders have requested assistance. For instance, it clarifies when a company is considered a manufacturer or producer, as well as which items are considered packaging under the PPWR.
A manufacturer is a natural or legal person who manufactures packaging or a packaged product. It is not necessarily the natural or legal person that physically produces the packaging. Two elements need to be considered: (1) the role in the design or manufacturing of packaging criterion and (2) the trademark or the branding criterion. If the packaging or packaged product carries a certain name or trademark, it can be assumed that the owner of that name or trademark is the ‘manufacturer’ pursuant to Article 3(1), point (13)(a), as it will have the decisive power in the contractual relation with its suppliers and will therefore be able to determine also the packaging characteristics.
This document also spells out the restrictions on single-use packaging, enforcement of the PFAS (perfluoroalkyl and polyfluoroalkyl substances) restriction in food contact packaging, and the application of re-use targets. In addition, it provides guidance on how to apply extended producer responsibility for packaging and on the obligation to set up deposit and return systems.
Producers and manufacturers are defined under the PPWR for different purposes. The producer is responsible for paying the costs for the collection and recovery of packaging waste in the respective Member State (Article 45(1)). To this end, a producer must register and report to the relevant national authorities as specified in Article 44 and pay the extended producer responsibility (EPR) fee in the Member State, in which the packaging is expected to become waste. If fees are paid in a Member State, and afterwards a distributor makes the packaging available for the first time on the territory of another Member State, the fees must be reimbursed. The manufacturer, on the other hand, must ensure that the packaging complies with the sustainability and labelling requirements specified in Articles 5–12, as specified in Article 15(1), before it is made available on the Union market for the first time. There is only one manufacturer throughout the EU (see point 2 on the definition of manufacturer of packaging).
Jessika Roswall, Commissioner for Environment, Water Resilience and a Competitive Circular Economy, commented on the regulation’s implementation step: “We are providing further clarity and support to businesses, Member States, and stakeholders to ensure a smooth transition to a more circular and competitive packaging value chain. I encourage all stakeholders to make use of this guidance and work together to ensure a smooth implementation of the Packaging and Packaging Waste Regulation, so we can achieve our ambitious goals and create resilience based on a competitive and sustainable footprint.”
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