PPWR for producers and manufacturers: Q&A on labeling, declaration of conformity, and EPR registration

The PPWR presents producers, manufacturers, and importers with complex questions regarding labeling, Declarations of Conformity and EPR registration. We have compiled and answered the most frequently asked questions from our practical webinar “PPWR for Producers and Manufacturers: Implementing Compliance Requirements in a Structured Way with Software.”

Roles: producer / manufacturer / importer

Does producer labelling on the primary packaging (Art. 15 PPWR) suffice, or must it be repeated on every additional packaging level (e.g.display tray, tertiary packaging)? Are there any exemptions?

Primary packaging: Art. 15 primarily addresses sales packaging (primary packaging). Full labelling is required here.

Secondary packaging / display tray: If the display tray is delivered together with the primary packaging to the end consumer, labelling obligations generally apply there too – unlike a pure trade-level unit. If the primary packaging is not visible through the display tray, labelling must be repeated on the tray. If the primary packaging is visible and accessible, labelling there may suffice.

Tertiary packaging (transport): Explicitly exempt from end-consumer labelling obligations, as there is no end-consumer contact. Only basic requirements apply here (e.g.material identification).

Exemptions (general): Small packaging with limited surface area may use a QR-code-only solution. Labelling does not have to be repeated at every level if the information remains accessible through the outer packaging. However, the exact requirements depend on the still-pending delegated act on Art. 15 – final legal certainty has not yet been established.

Must suppliers fulfill the labelling obligations under Art.12 and 15 PPWR themselves, or does the responsibility lie with the producer?

The producer bears the compliance obligation under Art. 12 (recyclability, recycled content) and Art. 15 (labelling). Suppliers must provide data and evidence, but the obligation lies with the producer who first places the packaging on the EU market – often, but not always, the same entity.

If a retailer’s own brand appears on the product but the producer acts as the entity placing it on the market – who is considered the producer under the PPWR?

A distinction is made between two roles with different obligations:

Producer/Manufacturer (Art.3(1)(13)): Whoever’s name/brand appears on the packaging and who influence sits design – regardless of who physically produces it. Obligations: conformity assessment, technical documentation, DoC.

In this case: retailer with own brand = producer and bears DoC responsibility. The retailer often contractually transfers these obligations to the supplier, who must then fulfill producer obligations.

You become a producer when you fill delivered cardboard and label it with your company logo, or when standard cardboard is adapted to product size. From what degree of customization does one officially qualify as a producer?

The PPWR has no percentage threshold. The examples in the question all lead to producer status:

• Filling with your own logo (due to brand + filling)
• Cutting to product size (due to design influence)
• Filling without customization (due to filling for sales packaging)

When importing packaged goods from Italy to Germany: am I a manufacturer or a distributor? Who must pay the license fees to LUCID?

As Italy is an EU member state, the following applies under the PPWR: bringing goods from another EU member state into Germany does not constitute an import in the sense of the PPWR. Whoever brings goods from another EU country into Germany is considered a distributor – not an importer.

Manufacturer vs. Distributor: If your own brand appears on the packaging, you are considered a producer (manufacturer) – with full DoC responsibility, regardless of the goods coming from Italy. If the Italian supplier’s brand is on the packaging and you make no relevant changes (in particular influencing recyclability, material composition or substance restrictions), you are a distributor – with reduced obligations (verifying that producer and EPR obligations are met).

Who pays licensing fees? As the first company to place the packaging on the German market, you are the producer in the EPR sense –regardless of whether you are a producer or distributor. This means: you are responsible for LUCID registration, EPR fees and quantity reporting in Germany.The Italian supplier bears no EPR responsibility for Germany.

Conformity & documentation

If a freight forwarder applies additional barcode logistics labels to the packaging after our PPWR conformity assessment has been completed: does this constitute a legally relevant change (in particular regarding heavy metal limits)? And who then bears responsibility?

In principle: No. Functional logistics labels (barcodes, shipping labels, address labels) are purely operational changes with no influence on material composition, recyclability or heavy metal content – and therefore do not trigger reclassification as a producer.

Regarding the heavy metal limit (Art. 5 PPWR): The 100 mg/kg limit applies to packaging or packaging components.” Whether adhesive logistics labels count as packaging components within the meaning of Art. 5 and can therefore be computationally relevant is not explicitly regulated in the PPWR. This is a grey area pending clarification from the European Commission. As a precaution, it is nevertheless advisable to use heavy-metal-free labels and adhesives and to obtain corresponding evidence from the label supplier.

Responsibility: The freight forwarder remains a distributor with pure verification obligations. Your DoC remains valid; producer responsibility remains with you.

Packaging must be identifiable. Must each individual component (e.g. cardboard, adhesive tape, plastic bag) carry its own identification number, or is one ID on the outer packaging sufficient with component evidence in the technical documentation?

The identification obligation applies to the packaging unit. Article 15(5) of the PPWR requires producers to ensure their packaging carries a type, batch or serial number or other marking for identification. The Act defines “packaging unit” in Art. 3(1)(45) as a unit with integrated or separate components that together fulfill a packaging function. In practice, the unique identification number – which must also be stated in points 1 and 4 of the EU Declaration of Conformity for traceability purposes – refers to this overall unit.

Is there a standard template for the EU Declaration of Conformity that can be provided?

Yes, a standard template for the EU Declaration of Conformity is available on the Tanso website. An official template from the EU has not yet been published. However, the contents of the Declaration of Conformity are explicitly listed in Annex VIII of the PPWR.

Which authority or body will be responsible for checking the technical documentation & DoC?

Responsible in Germany: The market surveillance authorities of the federal states (e.g., trade supervisory offices), professionally supported by the Federal Environment Agency (UBA). The ZSVR is exclusively responsible for EPR/LUCID . The exact distribution of responsibilities will still be regulated by the pending Packaging Act (VerpackDG).

What happens if a supplier does not provide technical documentation – is a signed letter from the management sufficient as a confirmation of conformity?

It is not sufficient for such a letter to confirm conformity. You need the complete technical data to create your own technical documentation and to be able to fill in the relevant data fields (e.g., for heavy metals). The supplier has a legal obligation to provide you with the necessary information.

What about goods that are resold in their original packaging – can the producer's Declaration of Conformity be referenced?

Yes, provided that you do not become the producer by altering the packaging, you only need to check the conformity and the existence of the producer's DoC but not re-create it. The supplier of the goods has thereby declared that they are the producer.

We import materials for further processing from China, Egypt, and India. What obligations apply to the transport packaging (films, pallets, cartons) used in this process? 

You are an importer (Art. 18 PPWR) and simultaneously a producer (EPR) for Germany.

Pallets & Cartons (rigid transport packaging): The foreign supplier is the producer and must DoC and technical documentation create. You must check these before placing them on the market and keep a copy.

Films (flexible transport packaging): Are only "finished" when used – You are therefore the producer yourself and must create the DoC and technical documentation yourself.

EPR: For all transport packaging that you place on the market in Germany for the first time: LUCID registration, EPR fees, quantity reporting.

We purchase films, print and laminate them, and supply them as rolls or bags to food manufacturers. Do we also need to issue our own declarations for wrapping bags, cardboard packaging, and transport packaging, in addition to the declaration of conformity for the films – or are the declarations of conformity from our suppliers sufficient?

For your core service (printed/laminated films, rolls, bags to food manufacturers): If you print the film with the brand name of the food manufacturers, you are a supplier according to Art. 16 PPWR, not a producer. Therefore, you do not need to issue your own DoC. However, you are legally obliged to provide your customers with supplier declarations containing all necessary information required for the conformity assessment procedure.

For your own transport packaging: You are the producer for transport packaging, provided they are standardized and not printed with a different brand name. In this case, you must issue the declaration of conformity, otherwise the obligation remains with your customers

Legal & registration

Is it already confirmed that EU companies, as manufacturers, no longer need to appoint an authorized representative when selling to other EU countries without their own establishment?

No, not yet confirmed – the legal situation is still unclear.

Current legal situation (Art. 45 PPWR): EU manufacturers who sell to other EU countries without their own establishment must appoint an authorized representative there, registration, EPR reports and handles fees. There is no central EU register.

Ongoing discussion: The EU Commission proposed suspending this obligation for EU-based manufacturers until 2035. However, companies from non-European countries would be excluded from this special regulation.

Are plastic bags, which are intended for use as packaging, considered packaging under PPWR?

The PPWR applies to all packaging regardless of the material. Plastic bags with a packaging function clearly fall under it.

Where can one register in the individual EU countries? Is there a corresponding website or overview?

The PPWR mandates national registers in each member state – a central EU register is only planned from January 1, 2029. Until then, registration must be done separately in each country.

The best point of contact today: The EUNR (European National Registers Network) is an association of currently 16 national registration authorities and the best starting point for a country overview: eunr.org

Tanso software

What does the PPWR module cost if booked individually (without other modules)?

The PPWR module can be booked modularly, i.e., individually without other modules. The costs depend on the complexity of the company, especially the number of suppliers and packaging, and the implementation effort on both sides.

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