The upcoming PPWR regulation, which will soon regulate the EU packaging market, defines and specifies the obligations of manufacturers, suppliers, importers, and distributors. Companies operating in this market need to know which group they belong to and what their obligations will be. This is not always clear, especially since the boundaries between categories are thin.

One of the best opportunities for Polish companies to understand this aspect of the PPWR (Packaging and Packaging Waste Regulation) draft was a webinar organized by the Natureef association. Specialists in product development and procurement from packaging companies discussed the planned roles and obligations of entities in the packaging market.

– “All companies in this sector selling to the EU market will have to answer the question: ‘What is the role of my company in the packaging market?’ Their obligations under the regulation will depend on this. To answer this question, it is worth analyzing the relationships between entities in the supply chain,” says Jaśmina Solecka, president of the Natureef association.

Fot. Pixabay

Who is a manufacturer? Who is a supplier?

– “The definition of a manufacturer is written in the draft regulation in a complex and ambiguous way. Based on our interpretation, a manufacturer is an entity that produces packaging or a product in packaging or an entity that commissions another entity to manufacture packaging under its own name or trademark, unless it is a micro-enterprise,” says Daniel Myszkowski, Head of R&D at Kablonex. He points out: “If a micro-enterprise commissions the production of packaging under its own brand to a manufacturer within the EU, the manufacturer is the entity supplying the packaging. This is, however, a kind of exception described in the document.”

“A supplier means any natural or legal person who supplies packaging or packaging material to the manufacturer. This definition is much more straightforward. Analyzing the details of the PPWR draft, it can be stated that the line between being a supplier and a manufacturer is very thin. It is not certain whether this was the legislator’s intention,” assesses Daniel Myszkowski.

To determine the role of an entity in the supply chain, one must look at the relationships between companies regarding the packaging and packaging materials used. For example, a manufacturer is not a producer of film on a roll who supplies their product to a bag manufacturer.

– “Let’s assume that a printed bag manufacturer supplies printed bags to a soil producer. This is an example where the manufacturer supplies packaging containing a print made to the client’s (soil producer’s) order. Therefore, the soil producer is the manufacturer of the packaging, and the bag manufacturer is the supplier,” explains Daniel Myszkowski.

A similar case is a supermarket chain ordering carbonated drinks from a beverage producer when the packaging contains the supermarket’s own brand name.

In the above examples, we are dealing with a situation where an entity orders products or packaging with a print containing its own brand.

It is different when there is no such print.

“Take the case of a manufacturer of unprinted plastic bags supplying their products to a bakery. The packaging does not contain any print of the ordering entity, and according to our interpretation, the manufacturer is the producer,” says Daniel Myszkowski. He also notes that the role of an entity according to the definitions in PPWR may depend solely on whether the packaging has a print with the recipient’s own brand.

Obligations of Manufacturers

The regulation imposes numerous obligations on manufacturers. Primarily, they are required to place on the market only packaging that complies with the requirements of Articles 5 to 12 of PPWR. Important aspects include requirements regarding the content of certain substances in packaging.

“New are the requirements for the maximum content of PFAS substances. Currently, they are used as components of process additives in the production of plastic packaging materials to avoid surface imperfections. The market is dynamically responding to upcoming regulatory changes. Suppliers inform us that they are working on implementing new process additives that do not contain PFAS or that such materials are already in their portfolio. We have now started implementing them into our production, and next year we plan to use only such alternative materials,” comments Daniel Myszkowski from Kablonex.

Subsequent articles concern recyclability, the use of bio-based raw materials, compostable packaging, packaging minimization, reusable packaging, and labeling.

Manufacturers can conduct a conformity assessment themselves or commission it on their behalf. This procedure is described in Annex VII to PPWR and includes, among other things, the creation of technical documentation.

Fot. Pexels

If the packaging meets the requirements, the manufacturer issues an EU declaration of conformity in accordance with Article 39 of PPWR. Annex VIII to PPWR informs how the declaration should look. In case of non-compliance, the manufacturer is obliged to take corrective actions necessary to ensure compliance or withdraw the packaging from the market or recover it, as appropriate. By way of derogation, the obligation to ensure packaging compliance does not apply to reusable packaging introduced before the entry into force of PPWR.

The manufacturer is obliged to provide all information to demonstrate packaging compliance in case of inspection. Documents must be provided within 10 days of receiving a request from the national authority. It has not yet been determined which institution will be this authority in Poland.

The manufacturer may authorize an entity (so-called authorized representative) who can perform obligations related to the organizational side of preparing technical documentation and the EU declaration of conformity, especially in contacts with national authorities. This representative is defined in Article 15 of PPWR and should not be confused with the “designated representative for extended producer responsibility,” who can be registered in another Member State on behalf of the producer, which is mandatory when the producer first places packaging on a given market.

Obligations of Suppliers

Suppliers’ obligations involve providing the manufacturer with information and documentation necessary to demonstrate compliance with Articles 5 to 12 of PPWR. The documentation should be prepared in a language understandable to the manufacturer and provided in electronic or paper form. It should be noted that for packaging in contact with sensitive products, such as food packaging, animal feed, cosmetics, medical devices, medicines, and dietary supplements, part of the documentation must include documentation provided for in other EU legal acts concerning such products.

Importer and Their Obligations

The PPWR draft defines an importer as a natural or legal person who is established or resides in the EU and places packaging or a product in packaging from a third country on the EU market. What are their obligations?

“The requirement is that each subsequent link in the distribution chain must check the previous link. The importer must therefore check the manufacturer. The importer ensures that the manufacturer has carried out the conformity assessment procedure in accordance with Annex VII. If the importer finds that the packaging does not meet these requirements, they do not place it on the market until compliance with Articles 5 to 12 of PPWR is ensured,” lists Dorota Ostrowska, Head of Procurement at Tedmark, which has been supplying packaging for the HoReCa industry for over 30 years.

The importer must provide documentation – the EU declaration of conformity described in Annex VIII to PPWR. For single-use packaging, it must be kept for five years, and for reusable packaging – 10 years. Upon a justified request from the national authority, the importer will present the declarations of conformity in a language understandable to them.

“It can be assumed that in the case of declarations received in other languages, they will need to be translated into Polish. But there is no information yet on how to translate them,” says Dorota Ostrowska

Distributor and Their Obligations

A distributor is any natural or legal person in the supply chain, not being a manufacturer or importer, who makes packaging or a product in packaging available on the market. Their obligation is to make available on the market only packaging that meets the requirements set out in the regulation. If the distributor finds or has reason to believe that the packaging does not meet the requirements, they do not make it available on the market until compliance is ensured or until the manufacturer meets the requirements. Distributors must ensure that storage or transport conditions do not negatively affect compliance with Articles 5 to 12 while they are responsible for the packaging.

“A very important reservation is that the distributor cannot use the information disclosed by the manufacturer for any purpose other than verifying compliance with applicable requirements. Misuse of such information from the manufacturer or importer by distributors for commercial purposes is prohibited,” emphasizes Dorota Ostrowska.

What if non-compliant packaging has already entered the market? In such a case, under the planned regulations, the distributor must ensure that corrective actions are taken and must oversee the procedure for withdrawing or recovering the packaging from the market. Distributors must immediately inform the market surveillance authorities of the EU Member States where the packaging was made available of suspected non-compliance and any corrective actions taken.