The European Commission has specified the producer status for private label goods in an updated version of its FAQs on the European Packaging Regulation PPWR. According to the Central Agency Packaging Register (ZSVR), this clarifies that for private labels, the retail company is fundamentally to be regarded as the producer within the meaning of the PPWR.
The European Commission published the second version of its FAQs on the Packaging and Packaging Waste Regulation (PPWR) on 3 August 2026. In it, the Commission addresses a range of questions regarding the practical implementation of the regulation. The ZSVR attaches particular importance to the explanations concerning producer status for retailers' own brands. This question had been a subject of controversial debate among economic operators over the past few months.
Impact on packaging even with standard solutions
Under section II.6 of the updated FAQs, the European Commission, according to the ZSVR, clarifies that a company that has packaging or packaged products manufactured under its name or brand by another company is fundamentally in a position to determine the characteristics of the packaging.
This also applies to the branding of packaging, which can influence its conformity assessment. According to this, the deciding factor is not whether the retail company itself requests changes to the design or production process of the packaging. According to the FAQ, this classification also applies if merely standardised packaging is selected.
According to the ZSVR, this clarification contradicts the view previously held by some economic operators that a retailer does not have sufficient influence on packaging production in the case of a private label to be classified as a producer within the meaning of the PPWR.
Trading company is considered the producer for private labels
Following the legal classification by the ZSVR, it follows that for retailers' own brands, the retail company is to be regarded as the producer within the meaning of the PPWR. According to information from the ZSVR, this also regularly results in the status of a manufacturer subject to system participation in Germany.
The allocation shall also apply if, in addition to the retailer's own brand, the producer is also named on the packaging. The ZSVR is relying here on an opinion of the EU Commission addressed to the Federal Ministry for the Environment, Nature Conservation, Nuclear Safety and Consumer Protection (BMUKN) dated 7 August 2026.
According to this, the ministry had asked the commission for confirmation again with regard to section II.7 of the FAQ. According to the ZSVR, the commission clarified that the individual case assessment described therein only concerns a limited special case, for example certain licensing arrangements.
For own brands, paragraph II.7 therefore does not change the fundamental assignment. Even if both the bottler or producer and the retail company are named on packaging, no case-by-case examination of the producer status should be required in the case of a retailer's own brand.
Source: Central Agency Packaging Register Foundation
