Packaging and packaging waste regulation (PPWR)

The definition of a producer is set out in Article 3.15 of the EU Regulation and reads:

Any manufacturer, importer or distributor to whom any of the following applies:

1. The manufacturer, importer or distributor is established in a Member State and for the first time, from that Member State’s territory, makes transport packaging, service packaging, or primary production packaging available on that same territory, whether as single-use or reusable packaging, or
2. The manufacturer, importer or distributor is established in a Member State and for the first time, from that Member State’s territory, makes products packaged in packaging other than those referred to above available on that same territory, or
3. The manufacturer, importer or distributor is established in a Member State or in a third country and for the first time makes transport packaging, service packaging, or primary production packaging available directly to end users in another Member State, whether as single-use or reusable packaging, or
4. The manufacturer, importer or distributor is established in a Member State or in a third country and for the first time makes products packaged in packaging other than those referred to above available directly to end users in another Member State, or
5. The manufacturer, importer or distributor is established in a Member State and unpacks packaged products without being the end user, unless another person is already considered the producer under points above.

This applies regardless of the method of sale, including distance selling.

Making packaging available on the market means any supply of packaging, empty or together with a product, for distribution, consumption, or use on the EU market in the course of a commercial activity, whether for payment or free of charge. This also includes any offers that could lead to actual supply.

Packaging, whether empty or with a product, is placed on the market when it is first made available on the EU market. This means that packaging can only be placed on the EU market once – when it is first supplied in an EU country.

It is the manufacturer or importer who places packaging on the EU market. A manufacturer or importer that does so may also be considered a producer and thus have extended producer responsibility.

When an actor supplies packaging or a packaged product in a Member State other than the one in which it was first placed on the market, that actor is considered a distributor. A distributor may also be considered a producer and thus have extended producer responsibility.In addition to obligations following extended producer responsibility, an actor may also have obligations in its role as manufacturer, importer, or distributor.

The regulation introduces extended producer responsibility. This means that producers must, among other things, finance the collection and treatment of packaging waste in the Member State where the packaging becomes waste.

The definition of producer is designed so that, as a general rule, the producer responsible for packaging should be established in the Member State where the packaging becomes waste.

However, there are cases where the producer is established in another Member State. In such cases, the producer must appoint an authorised representative for extended producer responsibility in the Member State concerned.

There may also be cases where the producer is established outside the EU. The EU regulation does not require such producers to appoint a representative, but the Swedish Environmental Protection Agency has proposed that the same requirement should apply.Part of extended producer responsibility is that a producer must either fulfil the responsibility themselves or engage a producer responsibility organisation (PRO) to organise the collection and treatment of packaging waste on the producer’s behalf. The PRO must be approved by Swedish Environmental Protection Agency.

Even if a producer contracts another party to carry out parts of the responsibility, the producer cannot transfer that responsibility. The producer remains ultimately responsible for compliance.

A producer can appoint a producer responsibility organisation to carry out the extended producer responsibility obligations on its behalf.

Producer responsibility organisations exist to make it easier for companies to take their producer responsibility. The organisations take operational and financial responsibility for collecting and treating packaging waste. They also report data on the collection and treatment of packaging waste to the Swedish Environmental Protection Agency.

Article 44 of the EU Packaging Regulation contains provisions on the obligations that a producer will have when it comes to registering and reporting data annually.

Registration and reporting must be carried out to the Swedish Environmental Protection Agency.

The information to be reported is largely the same as today, but the level of detail required will  increase. The EU Commission shall adopt an implementing act that will establish the format for registration in and reporting to the register and specify the level of detail of the information to be provided and the packaging types and material categories that are to be covered by the information provided.The new reporting requirements will apply at the earliest from 2029, for the reference year 2028. Until then, the same information as today must be reported to the Swedish Environmental Protection Agency. Producers will continue to have the option to contract a producer responsibility organisation to carry out registration and reporting to the Swedish Environmental Protection Agency's producer responsibility register.

There are occasions when a producer provides packaging, or packaged products, in a Member State other than the Member State in which is the producer is established. The producer then needs to appoint an authorised representative for extended producer responsibility in the Member State concerned by means of a written authorisation.

For producers in countries outside the EU, the EU regulation does not make it mandatory to appoint an authorised representative, but Member States may decide to have national requirements for these producers to appoint a representative. The Swedish Environmental Protection Agency's proposal is to require a representative for producers both within and outside the EU.

In cases where a producer has appointed an authorised representative in Sweden, the representative must use the authorization to register and report the information that the producer is required to submit to the Swedish Environmental Protection Agency.

According to Article 3.20 of the EU Packaging Regulation, this definition of an authorised representative for extended producer responsibility will apply in all EU countries from 12 August 2026:

”Any natural or legal person established in a Member State where the producer first makes packaging or packaged products available on the territory of that Member State, or where the producer unpacks packaged products without being the end user, other than the Member State or the third country in which the producer is established, and who has been appointed by the producer in accordance with the third subparagraph of Article 8a.5 of Directive 2008/98/EC to fulfil that producer’s obligations under Chapter VIII of this Regulation.”