The new Packaging and Packaging Waste Regulation (PPWR) tightens extended producer responsibility while clearly defining the roles of market players. The key question is: Who is considered a supplier, producer, manufacturer, and distributor, and what obligations do these roles entail? The challenge is that many companies operate in multiple roles simultaneously, and each of these roles comes with its own requirements. We get to the heart of the matter for you – with a concise definition and case studies. We also tell you what companies should do now.
Why clarifying roles is so crucial
The PPWR not only tightens extended producer responsibility, it also assigns it much more precisely. From now on, who is responsible for what depends clearly on their role.
Four key roles (plus 1)
The PPWR defines four key roles for economic actors in the packaging market: supplier, manufacturer, producer and distributor.
Supplier
- Meaning: Produces packaging elements and supplies them to a manufacturer.
- Typical responsibilities: Material labeling, proof of recycled content, compliance with design specifications
- Passing on information to the manufacturer
Manufacturer
- Meaning: Whoever ultimately produces packaging, has it produced, or assembles it from packaging elements.
- Typical duties: Material labeling, proof of recycled content, compliance with design specifications
- Passing on information to the producer
Producer
- Meaning: Places the finished, empty packaging or the packaged goods on the market for the first time.
- Typical obligations: Registration, EPR fees, preparation of the declaration of conformity
Distributor
- Meaning: Resells packaging or packaged products, for example via online shops.
- Typical obligations: Information and take-back obligations, passing on evidence
Importer
- Importer is an additional role.
- It refers to any person or company based in the EU that imports packaging or packaged products from a non-EU country into the EU.
- Typical obligations: Registration, preparation of the declaration of conformity, payment of EPR fees, and ensuring that the packaging complies with EU requirements (design, material labeling, recycled content)
Practical examples
Chocolate box
- Supplier: Produce folding boxes, trays, buffers, sealing film, labels, banderols, etc.
- Manufacturer: The filler brings all packaging elements together, fills the box, and creates the EU declaration of conformity for domestic sales.
- Producer: Depends on where the packaging becomes waste.
- Domestic: The manufacturer (filler)
- Export to a distributor in another EU country: The distributor.
- Direct sales to end customers in other EU countries: Still the manufacturer (filler).
Transport pallet
- Producer: the producer of the transport pallet is both the manufacturer and the producer, except in the case of:
- Export abroad: In this case, the local distributor becomes the producer of the pallet.
Industrial packaging (e.g., IBCs, drums, pallet film)
- Only become “packaging” when filled or used for their final purpose.
- The filler is the producer if the packaging becomes waste domestically.
- In the case of cross-border distribution (import), the foreign distributor (seller) is considered the manufacturer, except in the case of direct delivery to end customers (in which case the manufacturer is also the producer).
- This means that the importer is automatically considered the producer within the meaning of the PPWR, as they are the first to place the packaging on the market in an EU member state.
For more information
For more information and further explanations and examples, take a look at the detailed PPWR Summer Camp by Dr. Martin Engelmann, Managing Director of the German Plastics Packaging Industry Association (start here) and the BP White Paper PPWR. At the end of this article, you will also find an extended overview with a more detailed definition of the roles and explanations of other market players (authorized representative, distributor, etc.).
What do companies need to pay attention to in the future when it comes to packaging compliance?
When the new Packaging Regulation comes into force on August 12, 2026, the key provisions on conformity assessment of packaging in accordance with Articles 5 to 12, 24 and 29 of Regulation (EU) 2025/40 (Packaging and Packaging Waste Regulation) will come into force. From then on, packaging/packaged goods must be accompanied by a conformity assessment and a declaration of conformity!
Of course, not all provisions in the various articles are in force yet and will be implemented step by step. The requirements that will already apply in August 2026 include, for instance, Article 5 (requirements for substances used in packaging). This means, that the limit for heavy metals for all packaging and the PFAS limit for food-compliant packaging must be complied with and verified.
The correct clarification of roles is crucial for companies, as it forms the basis for legally compliant processes, reliable contracts, and budget planning for EPR fees. In international trade in particular, importers from third countries must also fulfill their obligations as producers in the EU market.
What should companies do now?
- Structure supplier data: Who is the manufacturer and/or producer for which packaging?
- Check packaging design: Is it compliant for the producer role?
- Adapt contracts: Clearly establish audit and documentation obligations.
- Prepare EPR budget: Only relevant for the producer role
- Establish an internal role matrix: Who is responsible for what?
As BP Consultants, we are happy to assist you with this. Talk to us!
More detailed definition and extended list of stakeholders
Economic operator (Art. 3(1)(12) of Regulation (EU) 2025/40)
Within the meaning of the Regulation, this refers to manufacturers, suppliers, importers, distributors, authorized representatives, final distributors, and fulfillment service providers.
Manufacturer (Art. 3(1)(13)(a)-(b) of Regulation (EU) 2025/40)
Any natural or legal person who manufactures packaging or packaged products. As a rule, this is the person or company that develops or manufactures packaging or packaged products under its own name or brand, regardless of whether other brands are also visible on the packaging or product. An exception applies if this person or company is a micro-enterprise as defined by the EU. In this case, the person who supplies the packaging is considered the producer instead, provided that they are established in the same Member State as the micro-enterprise for which the packaging is intended.
Producer (Art. 3(1)(15)(a)-(e) of Regulation (EU) 2025/40)
Any person (manufacturer, importer, or distributor) established in the EU or a third country who places packaging or packaged products on the market for the first time in the respective EU Member State, regardless of the type of packaging (e.g., transport, service, or primary production packaging), whether it is single-use or reusable packaging, and regardless of the distribution channel (including distance selling). Anyone who unpacks packaged products without being the end user may also be considered a manufacturer, provided that no other person is already classified as such.
Supplier (Art. 3(1)(16) of Regulation (EU) 2025/40)
Any natural or legal person who supplies packaging or packaging material to a producer.
Importer (Art. 3(1)(17) of Regulation (EU) 2025/40)
Any natural or legal person established in the EU who places packaging from a third country on the market.
Distributor (Art. 3(1)(18) of Regulation (EU) 2025/40)
Any natural or legal person within the supply chain who resells or passes on packaging within the EU – but not the person who manufactured it or imported it from abroad.
Authorized representative (Art. 3(1)(19) of Regulation (EU) 2025/40)
Any natural or legal person established in the Union who has been authorized in writing by the producer to perform certain tasks on behalf of the producer in fulfillment of the producer’s obligations under this Regulation.
Final distributor (Art. 3(1)(21) of Regulation (EU) 2025/40)
Any natural or legal person in the supply chain who delivers packaged products, including those for reuse or refilling, to the end user.
