PACKAGING
‘packaging’ means an item, irrespective of the materials from which it is made, that is intended to be used by an economic operator for the containment, protection, handling, delivery or presentation of products to another economic operator or to an end user, and that can be differentiated by packaging format based on its function, material and design.
Packaging Types
The packaging types within the meaning of the Packaging Act are as follows:
- ‘sales packaging’ means packaging conceived so as to constitute a sales unit consisting of products and packaging to the end user at the point of sale;
- grouped packaging’ means packaging conceived so as to constitute a grouping of a certain number of sales units at the point of sale, irrespective of whether that grouping of sales units is sold as such to the end user or whether it serves as a means to facilitate the restocking of shelves at the point of sale or to create a stock-keeping or distribution unit, and which can be removed from the product without affecting its characteristics;
- ‘transport packaging’ means packaging conceived so as to facilitate the handling and transport of one or more sales units or a grouping of sales units, in order to prevent damage to the product from handling and transport, but which excludes road, rail, ship and air containers;
Note: It is particularly important to distinguish between grouped packaging and transport packaging in the future, as different reporting requirements will apply to these packaging types for packaging declarations from 12 August 2026 onwards.
The PPWR introduces new subcategories of packaging:
- ‘take-away packaging’ means service packaging filled at attended points of sale with beverages or ready-prepared food that are packaged for transportation and immediate consumption at another location without the need for any further preparation and are typically consumed from the packaging;
- ‘primary production packaging’ means an item designed and intended to be used as packaging for unprocessed products from primary production
- ‘e-commerce packaging’ means transport packaging used to deliver products in the context of sale online or through other means of distance sales to the end user;
PRODUCER, END USER AND AUTHORISED REPRESENTATIVE
A Producer is a manufacturer, an importer, or a distributor of goods. Accordingly, under the terminology of the PPWR, a manufacturer, importer, or distributor may each qualify as a Producer, depending on the circumstances. In all such cases, the obligations arising from producer responsibility apply to the Producer.
PRODUCER:
- ‘manufacturer’ means any natural or legal person that manufactures packaging or a packaged product
- ‘importer’ means any natural or legal person established within the Union that places packaging from a third country on the market;
- ‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or importer, that makes packaging available on the market;
‘end user’ means any natural or legal person that resides or is established in the Union to whom a product has been made available either as a consumer or as a professional end user in the course of its industrial or professional activities, and that does not make that product further available on the market in the form supplied to it;
Note: The end user is not responsible for the recovery or recycling of the packaging of packaged products supplied to them. This responsibility rests with the company that placed the packaged products on the market and supplied them to the end user.
‘authorised representative for the extended producer responsibility’ means any natural or legal person established in the Member State where the producer makes packaging or packaged products available on the territory of the Member State for the first time, or where it unpacks packaged products without being an end user, other than the Member State or the third country where the producer is established.
‘producer responsibility organisation’ means a legal entity that financially or financially and operationally organises the fulfilment of extended producer responsibility obligations on behalf of several producers;
PACKAGING DECLARATION AND RECYCLING OBLIGATIONS
‘producer’ means any manufacturer, importer or distributor to whom, irrespective of the selling technique used,including by means of distance contracts, one of the following applies:
- (a) the manufacturer, importer or distributor is established in a Member State and makes available for the first time from within the territory of that Member State and on that same territory transport packaging, service packaging, or primary production packaging, whether as single-use packaging or as reusable packaging; or
- (b) the manufacturer, importer or distributor is established in a Member State and makes available for the first time from within the territory of that Member State and on that same territory products packaged in packaging other than those referred to in point (a); or
- (c) the manufacturer, importer or distributor is established in a Member State or in a third country and makes available for the first time on the territory of another Member State, directly to end users, transport packaging, service packaging or primary production packaging, whether as single-use packaging or as reusable packaging; or
- (d) the manufacturer, importer or distributor is established in a Member State or in a third country and makes available for the first time on the territory of another Member State, directly to end users, products packaged in packaging other than those referred to in point (c); or
- (e) the manufacturer, importer or distributor is established in a Member State and unpacks packaged products without being an end user, unless another person is the producer as defined in point (a), (b), (c) or (d);
Packaging Labelling
- Packaging must bear a sorting label to facilitate correct waste sorting – applicable from 12 August 2028 (with exemptions for transport packaging and deposit-return packaging).
- Reusable packaging must bear a reusability label and a QR code – applicable from 12 February 2029.
- Information identifying the manufacturer must be provided – applicable from 12 August 2026.
- Information identifying the importer must be provided on the packaging or in the accompanying documentation – applicable from 12 August 2028.
Manufacturer’s Obligations
- Only compliant packaging may be placed on the market.
- Before placing packaging on the market, the manufacturer must carry out the applicable conformity assessment procedure and prepare the required technical documentation.
- Where compliance has been demonstrated, the manufacturer must draw up an EU Declaration of Conformity.
- The manufacturer must ensure that all required documentation is retained in accordance with the applicable requirements.
- The manufacturer must indicate its name, registered trade name or registered trademark, and postal address on the packaging or, where appropriate, by means of a QR code or another suitable data carrier.
- A supplier of empty packaging must provide the user with the information and documentation necessary to demonstrate that the packaging and packaging materials comply with the applicable requirements.
Importer’s Obligations
- Only compliant packaging may be placed on the market.
- The importer must ensure that the manufacturer has carried out the applicable conformity assessment procedure and prepared the required technical documentation.
- The importer must ensure that the packaging is correctly labelled in accordance with the applicable requirements.
- The importer must ensure that the packaging is accompanied by all required documentation.
Distributor’s Obligations
- Verify that the Producer complies with its extended producer responsibility (EPR) obligations, including, in the future, registration in the relevant register where required.
- Verify that the packaging is correctly labelled in accordance with the applicable requirements.
- Verify that the manufacturer and the importer have complied with the applicable legal requirements.
Additional Obligations of the Producer (Manufacturer, Importer or Distributor)
- Register in the producer register of each Member State where the packaging or packaged products are first made available on the market. In Estonia, the producer register is expected to become operational by approximately 2028.
- Appoint an authorised representative in each Member State where the packaging or packaged products are first made available on the market.
- Online platforms are required to verify that Producers are duly registered, confirm compliance with their legal obligations, and obtain a self-declaration confirming that the Producer fulfils those obligations.
Reference: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:L_202500040