PPWR meaning: Definitions and Terminology of the PPWR

The new EU Packaging and Packaging Waste Regulation (PPWR) represents a comprehensive new set of rules for businesses, extending far beyond previous national packaging laws. To understand the complex requirements of the PPWR and ensure compliance, it is essential to have a precise grasp of its central definitions and terminology. PPWR Meaning: The PPWR is a directly applicable regulation, which apply immediately in all EU Member States, ensuring a high degree of harmonization. With its 71 legal definitions, it establishes a new foundation for EU packaging law.

The definition of “packaging” under the PPWR

The term “packaging” is comprehensively defined in Article 3, Paragraph 1, Number 1 of the PPWR and largely corresponds to familiar national versions. It refers to articles, regardless of the materials used, that are employed for the containment, protection, handling, delivery, or presentation of products.

The PPWR specifies various types of packaging that are relevant for businesses:

• Service packaging (No. 1 lit. d): These are articles designed to be filled at the point of sale for the purpose of supplying a product.
• Take-away packaging (No. 3): This includes service packaging filled with beverages or prepared food at staffed points of sale, typically consumed directly from the packaging. This is particularly relevant for the HORECA sector.
• Grouped packaging (No. 6): These packages combine a certain number of sales units, intended for sale to end-users or for shelf replenishment. The definition aligns with similar concepts in national legislation.
• Transport packaging (No. 7): It serves to facilitate handling and transport, preventing damage. This excludes road, rail, ship, or air containers. This definition is identical to many existing national regulations.
• E-commerce packaging (No. 8): This refers to transport packaging used for the delivery of products through distance selling methods to the final user. This is similar to shipping packaging concepts.
• Composite packaging (No. 24): This consists of two or more different materials that cannot be separated by hand. Material components less than 5%, as well as labels, varnishes, paints, inks, and adhesives, are not taken into account. This definition also materially aligns with existing national definitions.

Overall, it can be concluded that the packaging definitions in Article 3 of the PPWR largely correspond to familiar terms from existing national packaging laws, making the PPWR meaning of packaging somewhat consistent.

Who is affected by PPWR? (Obligated parties, consumers, economic operators)

The PPWR introduces the overarching term “economic operator”, which covers a variety of actors in the supply chain: producers, suppliers, importers, distributors, authorised representatives, final distributors, and fulfilment service providers. A significant new feature and deviation from familiar regulations is the distinction between “producer” and “manufacturer”:

• Producer: This is any natural or legal person who manufactures packaging or a packaged product, i.e., the packaging supplier. Persons who have packaging or packaged products manufactured under their own name or brand are also considered producers, unless they are micro-enterprises (fewer than 10 employees or less than €2 million turnover). Producers are responsible for conformity assessment procedures and technical documentation.
• Manufacturer: A manufacturer is any producer, importer, or distributor who first makes packaging or packaged products available on the market in a Member State (“first placer on the market”). Manufacturers bear the obligation for registration (Art. 44 para. 2) and extended producer responsibility (Art. 45).

Furthermore, the PPWR defines the following roles:

• Authorised representative: A person located in the Union, appointed by the producer.
• Authorised representative for extended producer responsibility: A person located in the respective Member State, designated by the manufacturer.

It is of great importance to carefully review these definitions, as significant deviations from familiar terms in national packaging laws exist, and the scope of the respective obligations depends on them.

The definitions of “consumer” and “final user” are also established in the PPWR:

• Consumer: Any natural or legal person acting for purposes outside their trade, business, or profession.
• Final user: Any natural or legal person residing or established in the Union, to whom a product is made available either as a consumer or as a professional final user in the course of their trade or profession and who does not make the product available on the market again in the delivered form.

This assessment shows that “consumer” roughly corresponds to the “private final consumer” and “final user” to the “final consumer” in many national packaging laws.

The comprehensive and sometimes new definitions of the PPWR meaning require companies to carefully analyse their role and obligations within the supply chain. This is the only way to meet the complex requirements of the new EU regulation and avoid legal risks.

Stay tuned for the continuation of our blog series, where we will delve deeper into the PPWR’s new requirements for hazardous substances and the recyclability of packaging.