Who Is Responsible for PPWR Compliance in Ireland?
The EU Packaging & Packaging Waste Regulation (PPWR) has applied since 12th August. One of the biggest misunderstandings around the new EU Packaging & Packaging Waste Regulation (PPWR) is where responsibility actually sits within the supply chain.
Many businesses assume that responsibility always rests with the packaging supplier. In reality, the position can vary depending on:
where the packaging or packaged product is sourced;
whether the product is imported from outside the EU;
whose name or trademark appears on the packaging;
whether the packaging has been modified; and
how the business operates within the supply chain.
For Irish SMEs, understanding this distinction is important because being a distributor does not automatically mean that you are responsible for the manufacturer's obligations, but there are circumstances where an importer or distributor can become subject to those obligations.
Manufacturer, importer or distributor?
The PPWR distinguishes between different economic operators and gives each different responsibilities.
Manufacturer
The company that physically manufactures the packaging is not necessarily the same as the manufacturer for PPWR purposes.
The PPWR focuses on the economic operator responsible for packaging that is manufactured or designed under its own name or trademark. Article 21 also specifically provides that, in certain circumstances, an importer or distributor can be considered the manufacturer.
This is particularly relevant where own-brand packaging is involved.
Importer
An importer brings packaging from a third country into the EU market.
Importers have specific responsibilities under the PPWR. Before placing packaging on the market, they must ensure that the appropriate conformity assessment has been carried out by the manufacturer and that the manufacturer has drawn up the required Annex VII technical documentation. They must also verify applicable labelling and accompanying documentation requirements.
Importers must retain access to the relevant Declaration of Conformity and technical documentation for the periods specified in the Regulation.
For an Irish business importing packaged products from outside the EU, it is therefore important not to assume that responsibility rests entirely with the overseas supplier.
Distributor
A distributor generally makes packaging available on the market after it has been placed on the market by another economic operator.
Distributors have their own obligations under Article 19. Before making packaging available, they must act with due care and verify certain matters, including the relevant producer's registration, applicable labelling and specified manufacturer and importer requirements.
Where a distributor considers or has reason to believe that packaging is not compliant, it must not make the packaging available until the relevant issue has been addressed.
Being a distributor does not, by itself, make a business the manufacturer.
Own-brand packaging can change the position
One area where businesses should pay particular attention is own-brand packaging.
For example, imagine an Irish retailer or food business purchases a packaged product from a supplier, but the product carries the Irish business's own brand.
The fact that another company physically manufactured the packaging does not necessarily determine who is the manufacturer for PPWR purposes.
Article 21 specifically addresses situations where an importer or distributor places packaging on the market under its own name or trademark, or modifies packaging already placed on the market in a way that could affect compliance.
In those circumstances, the importer or distributor is considered the manufacturer for PPWR purposes and becomes subject to the manufacturer's obligations under Article 15.
There is also a specific micro-enterprise provision in Article 21 where the supplier is established in the EU, so the precise circumstances should be considered rather than assuming that every own-brand arrangement produces the same result.
Manufacturer does not necessarily mean producer
It is also important not to confuse manufacturer and producer.
These are separate concepts under the PPWR.
The term producer is particularly relevant to extended producer responsibility (EPR) and is based on who makes certain packaging or packaged products available for the first time in a Member State.
A business can therefore have producer responsibilities for EPR purposes without necessarily being the manufacturer for all PPWR obligations.
This distinction is important when mapping responsibilities across a supply chain.
What does this mean for supplier documentation?
Regardless of where responsibility ultimately sits, good supplier information is important.
Businesses may need information relating to matters such as:
packaging composition and material type;
packaging weight and specifications;
recycled content;
recyclability;
substances of concern and applicable chemical restrictions;
packaging minimisation;
food-contact requirements where relevant; and
supporting technical documentation and conformity information.
The exact information required will depend on the packaging type, the applicable PPWR requirements and the role of the business concerned.
For importers and businesses dealing with own-brand products, this can become particularly important because the information required to demonstrate compliance may originate several steps back in the supply chain.
A practical example
Consider an Irish SME importing packaged food products from a supplier outside the EU.
The supplier manufactures the finished product and packaging, while the Irish company imports and distributes the products in Ireland.
The Irish business should not simply assume:
"The supplier made the packaging, so compliance is their responsibility."
The business first needs to establish its role under the PPWR and determine what obligations apply to it as an importer and/or distributor.
It should then establish what conformity documentation and technical information are available from the supplier and whether that information is sufficient to support the obligations applicable to its role.
The situation can become more complicated again if the product carries the Irish company's own brand or if the Irish company has specified or modified the packaging.
What should an Irish SME do?
A practical first step is to map the packaging supply chain for the products you place on the Irish market.
For each relevant product or packaging type, establish:
1. Who physically manufactures the packaging?
Identify the packaging manufacturer and, where relevant, the supplier of individual packaging components.
2. What role does your business have under the PPWR?
Consider whether the business is acting as manufacturer, importer, distributor or another economic operator.
3. Does the packaging carry your own name or trademark?
If so, Article 21 needs particular consideration.
4. Has the packaging been modified?
Changes to packaging can affect the regulatory position, particularly where they could affect compliance.
5. What documentation is available?
Establish what technical information, declarations and supporting evidence are available and whether they relate to the correct packaging and SKU.
6. Can the information be traced back to the packaging actually being supplied?
Generic supplier statements may not always provide enough detail to establish that the evidence relates to the specific packaging being placed on the market.
The key takeaway
There is no single answer to the question:
"Who is responsible for PPWR compliance?"
The answer depends on the role the business plays in relation to the packaging.
A packaging supplier may manufacture the physical packaging, while another economic operator may have manufacturer obligations under Article 21. An importer may have specific obligations even where it does not manufacture the packaging, while a distributor has its own due-diligence and verification responsibilities.
For Irish SMEs, the important first step is therefore to establish the role of each party in the supply chain and then identify the specific PPWR obligations that follow from that role.
TrailZero helps Irish SMEs, importers and distributors assess packaging compliance, review supplier documentation and identify gaps in the information needed to support their PPWR compliance position.
Need help understanding where your business sits within the PPWR supply chain? Contact TrailZero for practical packaging compliance support
