Several industry associations have jointly written to the Central Agency Packaging Register Foundation (ZSVR). They are calling for a clear interpretation of the producer and manufacturer role for own-brand packaging under the EU Packaging and Packaging Waste Regulation (PPWR). The aim is for greater legal certainty for companies along the supply chain.
With the entry into force of Regulation (EU) 2025/40 (PPWR), new responsibilities arise for producers and manufacturers of packaging. In the opinion of the undersigned associations, the Stiftung Zentrale Stelle Verpackungsregister (Central Agency Packaging Register Foundation) has already clarified that for own-brand products, the retail company is generally considered the producer if it has products manufactured by third parties under its own brand. This interpretation has since also been confirmed by the European Commission.
Criticism of deviating interpretation in the food retail sector
However, according to the associations, various food retailers are currently sending letters to their suppliers, in which they are classified as producers of packaging for own-brand products. This also applies to cases where the retailer alone decides on the design and nature of the packaging and allows the packagers no scope for design. This is creating considerable legal uncertainty regarding future obligations under the PPWR.
The associations point out that the manufacturer's role within the framework of Extended Producer Responsibility (EPR) is directly linked to the financing of the dual systems. Therefore, a uniform legal opinion is required to avoid disputes over cost allocation.
Call for agreement between ZSVR and food retail
In the opinion of the signatories, there is also a need for further clarification on the degree of influence on packaging design required to establish producer status under the PPWR. They therefore call on the Stiftung Zentrale Stelle Verpackungsregister (Central Agency Packaging Register Foundation), together with the Federal Association of the Food Retail Trade (BVLH), to develop a coordinated and publicly communicated interpretation in the short term. The aim is to achieve uniform and legally sound practice for all affected economic operators.
The letter, which packaging journal is available, has been signed by various associations from the food industry, agricultural industry, and beverage and wine sectors, including the German Fruit Trade Association, the Association of German Sekt Manufacturers, the Association of German Wholesale Bakers, the German Raiffeisen Association, the German Winegrowers' Association, and the Central Association of Horticulture.
