PPWR producer & manufacturer tool

Micro-enterprise
A company is a micro-enterprise if it employs fewer than 10 persons, and its annual turnover or annual balance sheet total does not exceed 2 million EUR. A franchisee can be considered a micro-enterprise if the franchisor does not directly or indirectly own 25% or more of its capital or voting rights and does not exercise control or decisive influence.

Packaging
Transport packaging will only be considered as such if it is ready to serve a packaging function. If a packaging is only ready to serve a packaging function after other components are added, the assembler will be the manufacturer and the first potential producer.

First making available
Article 3(1), point (9) PPWR: ‘Making available on the market’ means any supply of packaging, whether empty or with a product, for distribution, consumption or use on the Union market (…). The Commission Guidance Notice specifies that this includes any offer for distribution, consumption or use which could result in the actual supply of packaging or packaged products. For transport packaging, it is often the empty packaging that is first made available on the market.

End user

Article 3(1), point (23) PPWR: An ‘end user’ is a natural or legal person that resides in the EU and to whom a product has been made available either as a consumer or as a professional end user, and who does not make that product further available on the market in the form supplied to it.

Design specifications

The PPWR does not further define the meaning of 'design specification'.

However, to determine the 'manufacturer' of packaging, it is relevant to know who decided on the 'design specifications' of the packaging.

The sheet "Design specifications" contains a non-exhaustive list of aspects where the customer's decision leads to 'customised design specifications' for the packaging.

Manufacturer
Needs to draft the Declaration of Conformity and ensure compliance with the sustainability and labelling requirements.

Producer
Needs to comply with the extended producer responsibility (EPR) obligations in the EU Member State where the packaging is expected to become waste.

Supplier
Needs to provide the 'manufacturer' with the relevant documentation and information.

If the packaging is made available in another EU Member State after the 'first making available' in a country, the recipient of the packaging will become the producer in this EU Member State.

Consequently, if fees are paid in an EU Member State, and afterwards a distributor makes the packaging available for the first time on the territory of another EU Member State, the fees must be reimbursed.

Customer decision on changes to the standard RTP leads to "customised design specifications" for the packaging.

Specific design requirements for reuse system
E.g. tracking technology for pooling company

The Commission is yet to specify design requirements beyond the requirements for reuse systems.