According to the European Commission, responsibility generally lies with the company that physically manufactures the packaging, rather than the business that fills or uses it. However, this view has been challenged by national authorities all across Europe. The key issue is identifying the responsible party within the supply chain. This is particularly relevant for transport packaging like wrappings that only take their final form when they are filled or used.
The European National Registers (EUNR) take a different approach in certain cases. They argue that the first company placing the packaging on the national market, such as the filler or user, could be considered the manufacturer. This interpretation would have significant implications for retailers and distributors. As the EUNR’s assessment comprises registers and authorities from 16 EU member states, the Federal Ministry for the Environment (BMUKN) has already called on the Commission to correct its previous PPWR FAQ on this point accordingly. For now, however, no harmonised position exists.
Why does the definition even matter?
The manufacturer is responsible for meeting PPWR obligations, including compliance, documentation, and reporting requirements. Uncertainty over who holds this responsibility makes it difficult for businesses to assess their legal obligations and compliance risks. Failing to comply with all necessary requirements can cause high fines or even sales bans. As discussions continue, greater clarity will be essential to ensure consistent implementation of the PPWR across the EU.
VERE e.V. is in contact with all relevant stakeholders and keeps its members informed of further developments via the “VERE Insider”.
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