Calling for clarity on PPWR manufacturer definition for branded packaging
HOTREC, Independent Retail Europe and Euro Coop have published a joint statement calling on the European Commission to urgently clarify the definition of “manufacturer” and related “producer” status under the Packaging and Packaging Waste Regulation, particularly in relation to branded packaging.
As currently interpreted, hospitality and retail operators could be considered “first time” manufacturers of packaging and packaged products simply because their brand name or logo appears on the packaging.
This would apply even in cases where hotels, restaurants, bars, cafés, supermarkets and shops do not design, produce, modify or control the technical characteristics of the packaging they use. In practice, these businesses rely on packaging suppliers for technical expertise, materials and compliance with packaging rules.
The three organisations warn that such an interpretation would create disproportionate administrative burdens, compliance risks and additional costs for hospitality and retail businesses, many of which are micro and small enterprises.
The joint statement stresses that applying manufacturer status to businesses that do not determine the composition or technical design of packaging would not deliver additional environmental benefits. Instead, it risks duplicating obligations already fulfilled by the actual packaging manufacturer, including technical documentation, declarations of conformity and compliance reporting.
HOTREC, Independent Retail Europe and Euro Coop fully support the environmental ambition of the PPWR. However, they underline that implementation must be clear, proportionate and workable for businesses.
The organisations therefore call on the European Commission to clarify in the PPWR guidelines and FAQs that hospitality operators and retailers should not be considered manufacturers of packaging, including packaging of packaged products, when they use packaging offered by the actual manufacturer and do not modify it or exercise decisive influence over its design, beyond the visual appearance of the print.
Several national authorities have already raised concerns and are seeking consistent guidance. Clear clarification is therefore needed to avoid divergent interpretations across Member States, prevent further fragmentation of the internal market and ensure legal certainty for businesses.