Lately, there has been significant confusion across the industry about who is actually responsible for packaging compliance in Europe. Companies regularly ask:
“If we buy packaging boxes or other packaging from a supplier, who is responsible under EPR and PPWR – the packaging manufacturer or our company that uses these boxes to pack and place products on the market?”
This uncertainty affects packaging/board suppliers, refillers, packers, importers, and brand owners. The new Packaging and Packaging Waste Regulation (PPWR) adds more complexity because it creates new obligations for packaging manufacturers that never existed under traditional EPR rules.
This blog explains:
- Who is responsible under current EPR rules
- Who will be responsible under PPWR (the answer changes!)
- What responsibilities packaging manufacturers and packaging users each carry
1. Who Is Responsible for Compliance?
Responsibility depends on whether we are talking about financial or technical obligations.
Financial Responsibility (EPR fees)
Responsible party: Refiller / Brand Owner / Importer
They place the filled product on the market → they pay the EPR fees.
Technical Responsibility (PPWR compliance)
Responsible parties: Packaging Manufacturer + Refiller
The Packaging Manufacturer must prove the empty packaging complies with PPWR.
The Refiller must ensure they only use compliant packaging.
EPR → The company placing packaged products on the market (financial responsibility)
PPWR → Shared responsibility between the packaging manufacturer and the refiller (technical responsibility)
2. Under EPR – Who Is the “Producer”?
Under current EPR systems (CITEO FR, LUCID DE, Verpact NL, etc.) the “Producer” is:
The entity that first places packaged products on the national market.
Examples
- A cosmetics company buying packaging and filling them → cosmetics company is the EPR producer
- A distributor importing already packed goods → the importer is the EPR producer
- An e-commerce seller using their own shipping packaging → seller is the EPR producer for transport packaging
So what about packaging manufacturers?
Under EPR today, packaging manufacturers typically:
- do not register for EPR
- do not pay EPR fees
- do not report packaging for their customers
Exception: When the manufacturer sells empty packaging directly to consumers, they become the EPR producer.
3. Under PPWR – Who Will Be Responsible?
PPWR introduces two separate roles:
A. Packaging Manufacturer → “Manufacturer” (Article 13)
Responsible for the empty packaging before it is filled.
B. Refiller / Brand Owner → “Producer of the Packaged Product” (Article 40)
Responsible for the packaged product that enters the market.
4. PPWR Obligations in Detail
A. Packaging Manufacturer Obligations (Article 13)
Under PPWR, the packaging manufacturer must:
- design packaging to meet recyclability performance grades (A, B, or C)
- issue the Declaration of Conformity (DoC) for the empty packaging
- retain technical documentation for 10 years
- ensure no restricted substances (e.g., PFAS, heavy metals)
- design to minimise material and volume where applicable
This is a major shift: packaging manufacturers become directly regulated.
B. Refiller / Brand Owner Obligations (Article 40)
The company using the packaging must:
- register and pay EPR fees in each relevant country
- verify the supplier provides compliant packaging
- obtain and retain the Declaration of Conformity
- ensure empty space ratio does not exceed 50%
- ensure correct sorting labels appear on the final packaging
- ensure only compliant packaging is placed on the market
If they brand the packaging, they may also become the “deemed manufacturer.”
5. Understanding the Split: Who Does What?
Packaging Manufacturer
Legal role: Manufacturer under Article 13
- no EPR fees unless selling to consumers
- recyclability design and performance grade compliance
- issuing the DoC
- providing technical files
- ensuring material compliance and substance restrictions
Packaging User (Refiller / Brand Owner)
Legal role: Producer under Article 40
- paying EPR fees
- verifying compliance before purchase
- retaining the DoC
- ensuring correct usage (empty space ratio, labeling)
- liable for non-compliant packaging placed on the market
If they brand the packaging, they may also assume manufacturer-level responsibilities.
6. Final Message for the Industry
Who is responsible? Both — but in different ways.
Refiller / Importer → Financial Responsibility
You pay the EPR fees and ensure the final packaging you place on the market is compliant.
Packaging Manufacturer → Technical Responsibility
You must design compliant packaging, provide recyclability information, and issue the Declaration of Conformity.
PPWR makes compliance a shared chain:
Manufacturer → provides a compliant packaging solution.
Refiller → ensures compliant use and pays the EPR fees.
Disclaimer:
This blog is based on currently available information under the EU Packaging and Packaging Waste Regulation (PPWR), related guidance, and general principles of Extended Producer Responsibility (EPR) in EU Member States. Interpretations may change as the European Commission and national authorities publish detailed implementing acts, clarifications, or country-specific instructions.
The content does not consider product-specific characteristics, technical specifications of packaging, or the availability of recycling infrastructure at municipal or Member State level — all of which may influence final compliance obligations.
This material is intended for general informational purposes only and does not constitute legal advice. Businesses should verify requirements with local authorities, official PROs, or their legal/compliance advisors before making compliance decisions.