Are You Considered a Producer Under the New EU Packaging Regulation (PPWR)?

You might not think of yourself as a producer, but under the new rules, you could be one. Let’s walk through what’s changing, what it means for your business, and how to figure out if the new obligations apply to you. But this time in clear, understandable language.

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Why change the definition?

Under the current Packaging and Packaging Waste Directive (PPWD), the EU left the term "producer" open to interpretation. This meant that each Member State could define it differently. In some countries, the importer was responsible. In others, it was the first business introducing packaged products to the market. And many local rules didn’t even mention distance sellers from other EU or non-EU countries.

That inconsistency created confusion and loopholes.

With the PPWR, the EU is aiming for clarity and consistency across the board. It introduces a single, harmonized definition of a “packaging producer” to ensure that all packaging placed on the EU market is covered by Extended Producer Responsibility (EPR) rules.

A couple of key definitions (because clarity matters)

Before we dive into the different situations where you might be seen as a packaging producer, it’s helpful to understand two key terms the EU uses in the PPWR. These definitions form the basis of how responsibility is assigned. Getting clear on them now will make everything else a lot easier to follow.

1. “Making available on the market”
This refers to any supply of packaging - whether it’s empty or filled with a product - that’s offered for distribution, use, or consumption within the EU. It doesn’t matter if the packaging is sold or given away for free. If it enters the EU market as part of a commercial activity, it’s considered “made available”.

2. “End user”
This is the final recipient of the product. It could be an individual consumer or a business that uses the product as part of its operations. Importantly, this person or company doesn’t go on to resell the product in the same form. They’re the ones who use it, not the ones who move it further down the chain.

What does this mean for your business?

Okay, now we're clear on that. Let’s have a look now at seven common situations to help you understand when you’re considered a “producer” under the new rules and equally important: when you’re not.

1. You import packaged products from outside the EU for your own use
In this case, you’re the end user. The foreign supplier is considered responsible for the packaging because they sell their products to an end user in the EU. You are not a producer under the PPWR.

2. You import packaged products from outside the EU to sell them in your own Member State
Here, your company is the first to place the packaging on the EU market. That makes you the producer. You are a producer and responsible for the packaging obligations.

3. You buy packaged products from another EU Member State and sell them in your own
Just like in the previous case, your company is the first to make the packaging available in your own Member State. Again, you are seen as the producer under the PPWR.

4. You sell packaged products online to consumers in another EU country
If you’re a distance seller, selling directly to end users in a different EU country, then you’re considered the producer.

In this case, you’ll also need to appoint an authorized representative in the country where your customers are based.

5. You sell packaged products to businesses end users in another EU Member State

If you’re a distance seller, selling directly to business end users in a different EU country, then you’re considered the producer.

In this case, you’ll also need to appoint an authorized representative in the country where your customers are based.

6. You sell packed products to distributors/resellers in another EU Member State

In this case you are not seen as a producer in the other Member State. The distributor/reseller is responsible for the packaging because they fall under point 3 of this article.

7. You ship packaged products from your HQ or warehouse to your own stores in another EU country
This one’s a bit more complex. Both the head office and the stores share packaging responsibilities.

The head office / warehouse
As a distance seller, you're responsible for:

• Packaging used for shipping products
• Packaging supplied for store operations (e.g. branded employee clothing, point-of-sale materials)

And because you're not based in the same country as your store, you’ll need to appoint an authorized representative to handle your responsibilities.

The stores
Your stores are also considered producers, since they’re making packaged products available for the first time to consumers in that country.

Both entities have responsibility under the PPWR.

When does this take effect?

The PPWR is currently set to be fully implemented in August 2026. That may feel like it’s a long way off, but getting a clear view of your role now will save you from unexpected headaches later.

Need help getting started?

If you’re unsure about your obligations under the PPWR, or if you suspect your company might be classified as a producer, now’s the time to take action. We can help you:

• Understand how the rules apply to your business
• Identify where you need registration and/or authorized representatives
• Stay ahead of the curve by preparing your systems
• Be your full outsourcing partner of your total EPR process

I really hope I have provided you the insights you have been looking for! Still not sure? No worries. We've got you.