The PPWR still creates uncertainty for the retail and food sectors. The key question is who is responsible for own-brand products: the retailer as brand owner or the supplier as producer. Several industry associations have asked the ZSVR (German Central Agency Packaging Register) to agree on a clear and consistent approach with the retail sector.
Who is the producer?
The main dispute concerns the definition of “manufacturer”. The ZSVR generally considers the retailer to be the manufacturer when an external producer makes goods under its own brand. This view follows EU Commission guidance and has been agreed with the German Federal Ministry for the Environment as well as the Federal Environment Agency.
This means the retailer may have to handle:
- technical documentation,
- conformity assessments,
- proof of PPWR compliance,
- supply chain traceability, and
- Extended Producer Responsibility (EPR).
However, some food retailers disagree. They argue that responsibility should depend on who controls packaging and production. Suppliers often have the technical expertise. Industry groups, however, point out that retailers often set detailed packaging requirements.
What does this mean for companies?
The decision affects costs, liability and bureaucracy. It is also unclear whether companies can transfer legal responsibilities to suppliers by contract. Industry associations are calling for clear rules from the ZSVR and the Federal Association of the German Food Trade (BVLH). Companies should clarify early who controls packaging development, materials, design and documentation.
VERE e.V. stays in contact with all relevant stakeholders and keeps its members informed of further developments via the “VERE Insider”.
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