PPWR for own-brand products – when does a private label become a manufacturer?
A company that commissions the design or manufacture of packaging or a packaged product under its own name or trademark generally becomes the manufacturer within the meaning of the PPWR. This means that, in a typical private-label model, responsibility for conformity assessment, technical documentation and the EU declaration of conformity may rest with the brand owner, even where physical production is carried out by an external factory. However, the PPWR provides for a specific exemption for certain microenterprises, and the Commission’s final guidance C(2026) 3702 further shows that the determination of the manufacturer also depends on the type of packaging and the actual ordering model.
The key question is therefore not “who operates the machine?”, but: who commissioned the design or production, under whose name or trademark the packaging or product is marketed, who determines the specification, and what type of packaging is being assessed.
Private label and the PPWR – what does own-brand actually mean?
“Private label” or “own brand” are business terms.
The PPWR does not make responsibility dependent on the name of the business model alone.
The Regulation considers the specific facts:
- who commissioned the design of the packaging or packaged product,
- who commissioned its manufacture,
- under whose name it is marketed,
- whose trademark appears on the packaging or product,
- who determines its specification.
A typical own brand therefore meets the conditions of the definition of manufacturer not because it uses the English term “private label”, but because it commissions the product under its own name or trademark.
Who is the manufacturer under Article 3 of the PPWR?
Article 3(1), point 13 defines a manufacturer as a natural or legal person manufacturing packaging or a packaged product.
The provision then introduces a specific rule concerning commissioned production.
Where a person commissions the design or manufacture of packaging or a packaged product under that person’s own name or trademark, that entity is the manufacturer.
Importantly, the PPWR adds that this rule applies regardless of whether another trademark is also visible on the packaging or product.
It is therefore not sufficient to say:
“The factory name also appears on the label, so it is the manufacturer.”
Commission: a given package has one manufacturer
This is one of the most important clarifications in the Commission’s final guidance C(2026) 3702.
The Commission states that the wording of the definition of manufacturer means that there is one manufacturer in the supply chain within the meaning of the PPWR.
This has practical consequences for contract manufacturing.
Where, in accordance with Article 3, the brand owner becomes the manufacturer because it commissions production under its own name or trademark, the contract factory should not at the same time be treated as a second manufacturer of the same packaging solely because it physically makes the product.
However, the factory may perform a very important role as:
- a supplier of materials,
- a packaging supplier,
- a contract manufacturer,
- a source of technical data and reports.
Does a logo alone always mean that the brand is the manufacturer?
A logo is a very strong indicator, but the final determination should take account of the entire ordering model and the type of packaging.
The Commission identifies two particularly important criteria:
- the role in the design or manufacture of the packaging,
- the name or trademark.
Where packaging bears a specific brand, it can generally be assumed that the brand owner is entitled to decide on its characteristics in relation to the supplier.
For unmarked packaging, it is necessary to check more closely:
who orders the packaging and who decides on its design specification.
Private-label sales packaging – who is the manufacturer?
The Commission’s final guidance indicates that, for sales packaging – except for certain service packaging – the manufacturer is usually the entity carrying out the final stages of the process, for example filling or closing the packaging, and placing the packaged product on the market.
This will often also be the product’s brand owner.
Example:
a cosmetics brand commissions a contract manufacturer to produce a cream and fill the jars, and the product is placed on the market exclusively under the commissioning party’s brand.
If the criteria in Article 3(1), point 13(a), are met, the brand owner is the manufacturer despite the product being physically made by an external facility.
Grouped packaging for own-brand products
The Commission applies a similar approach to grouped packaging.
What matters is the entity carrying out the final stages of preparing the packaged product and its role in the process of placing it on the market.
For private-label products, it is therefore necessary to analyse separately:
- sales packaging,
- grouped packaging,
- transport packaging.
It should not be automatically assumed that one entity is the manufacturer of all three packaging levels solely because its brand appears on the product itself.
Transport packaging – the rule may be different here
For transport packaging, the Commission indicates that the manufacturer is usually the undertaking manufacturing the packaging itself.
The situation changes, however, where transport packaging is made under the user’s name or trade mark.
Example:
- a standard, generic cardboard box purchased from a catalogue – the cardboard supplier may remain the manufacturer;
- a cardboard box made to order for a retail chain and marked with its brand – the chain may become the manufacturer.
This distinction is particularly important for e-commerce.
Private label and e-commerce shipping boxes
Simply packing an order in an ordinary unbranded box does not automatically mean that the online shop is the manufacturer of that box.
However, where the shop:
- commissions a special design,
- defines its individual specification,
- orders packaging bearing its name or logo,
the analysis may result in it being assigned the role of manufacturer.
It is therefore worth classifying product packaging and shipping packaging separately.
Private-label product in finished packaging – who is responsible under the PPWR?
A typical model is as follows:
brand → commissions product → contract manufacturer → manufactures and packs → product is placed on the market under the commissioning party’s brand.
Where a brand commissions the design or manufacture of a packaged product under its own name or trade mark, Article 3(1), point 13(a), generally assigns it the role of manufacturer.
It does not matter that the brand:
- does not own a factory,
- does not purchase jars or bottles itself,
- does not operate the packing line,
- does not carry out tests in its own laboratory.
What matters is the legal and factual ordering model.
A contract manufacturer may perform most of the technical work, but this does not automatically change the role
The PPWR does not require the brand owner to carry out all tests and calculations personally.
A contract manufacturer may prepare:
- material specifications,
- drawings,
- component lists,
- laboratory reports,
- calculations,
- parts of technical assessments,
- data concerning packaging suppliers.
However, if, according to the PPWR definition, the brand owner is the manufacturer, legal responsibility for compliance remains with them.
Article 16 PPWR – the brand must have access to supplier data
The role of manufacturer does not mean having to generate all data independently.
Article 16 requires suppliers of packaging and packaging materials to provide the manufacturer with the information and documentation needed to demonstrate compliance.
For private label, the agreement with the contract manufacturer should therefore ensure access to:
- material specifications,
- component masses,
- information on coatings and adhesives,
- test reports,
- data on supplier changes,
- other evidence needed for the technical documentation.
Who prepares the technical documentation for private label?
The relevant manufacturer is responsible for preparing the technical documentation.
The documentation under Annex VII should enable the assessment of conformity and include, among other things:
- a description of the packaging,
- the intended use,
- design and materials,
- an analysis of the risk of non-compliance,
- applied standards and specifications,
- relevant technical assessments,
- test reports.
The contract manufacturer may provide a large part of the data, but the final dossier must remain under the manufacturer’s control.
Who issues the PPWR declaration of conformity for an own brand?
The EU declaration of conformity follows the role of manufacturer.
If the brand owner is the manufacturer, the declaration under Annex VIII is drawn up in their name.
Their details should be included in the relevant manufacturer field.
A contract manufacturer should not automatically issue the declaration in its own name merely because it physically filled or manufactured the packaging, if the PPWR definition assigns the role to another entity.
Private-label manufacturer and EPR producer – two different roles
This is one of the most important distinctions in the entire PPWR.
| Role | English term | What are they responsible for? |
|---|---|---|
| Manufacturer | Manufacturer | Technical compliance, documentation, assessment, declaration |
| Producer | Producer | EPR, registration, reporting and financing of waste management |
The Commission clearly confirms in C(2026) 3702 that the concepts are defined for different purposes.
The same company may perform both roles, but this is not automatic.
Microenterprise – a specific exception to the own-brand rule
The PPWR provides for a special rule for certain microenterprises.
If the entity commissioning the design or manufacture of packaging under its own brand is a microenterprise, and the packaging supplier is established in the same Member State, the packaging supplier may be the manufacturer.
This is an exception to the general private-label rule.
However, it cannot be applied merely because a company describes itself as “small”.
What exact conditions must the microenterprise exemption meet?</h2>
r The conditions must be assessed cumulatively.r </p>
- r
- The entity commissioning production must be a microenterprise according to the relevant definition.</li>
- The order concerns packaging or a product under its own name or trade mark.</li>
- The entity supplying the packaging must be located in the same Member State.</li>
</ol>
r The Commission explains that the packaging supplier itself does not have to be a microenterprise.r </p>
r It is the status of the entity commissioning production that is decisive for the first condition.r </p> </section>
When is a company a microenterprise for this exemption?</h2>
r The Commission refers to Recommendation 2003/361/EC.r </p>
r A microenterprise employs fewer than 10 persons and its annual turnover or annual balance sheet total does not exceed EUR 2 million.r </p>
r The assessment must also take account of rules concerning enterprises that are:r </p>
- r
- partner enterprises,</li>
- linked enterprises,</li>
- controlled by other entities.</li>
</ul>
r Therefore, a company with five employees does not always automatically meet the microenterprise criterion if it is part of a larger group.r </p> </section>
Example: a Polish microenterprise and a Polish packaging supplier</h2>
r Assume that:r </p>
- r
- company A is a microenterprise in Poland,</li>
- it orders packaging with its logo,</li>
- the packaging supplier is company B, also located in Poland.</li>
</ul>
r If all the conditions of Article 3(1), point 13(b), are met, the manufacturer may be the packaging supplier – company B.r </p>
r This does not, however, exempt company A from all other PPWR obligations that may arise from other roles.r </p> </section>
A microenterprise ordering private-label products in China – does the exemption apply?</h2>
r The condition of being in the ‘same Member State’ is not met if the packaging supplier is located in China.r </p>
r Therefore, the exemption cannot be relied on solely on the basis of the company’s small size.r </p>
r For private-label imports, the following must also be analysed:r </p>
- r
- the definition of manufacturer,</li>
- importer status,</li>
- Article 21 of the PPWR.</li>
</ul>
</section>
An importer selling a product under its own brand</h2>
r Article 21 provides that an importer or distributor may be subject to the obligations of the manufacturer where it:r </p>
- r
- places packaging on the market under its own name or trade mark, or</li>
- modifies packaging already placed on the market in a way that may affect compliance.</li>
</ul>
r A private-label importer should therefore not assume that a declaration from the Chinese factory is sufficient.r </p>
r If the legislation assigns the role of manufacturer to the importer, it must ensure the appropriate assessment and declaration process.r </p> </section>
A distributor changing a product to its own brand</h2>
r A similar rule applies to a distributor.r </p>
r Example:r </p>
- r
- a distributor purchases a finished product under the manufacturer’s brand,</li>
- then introduces its own packaging and branding,</li>
- the change may affect compliance.</li>
</ul>
r In this case, it cannot automatically remain a ‘pure distributor’.r </p>
r Article 21 and the manufacturer’s obligations must be checked.r </p> </section>
Not just the brand – modifying packaging can also change the role</h2>
r Article 21 also covers modifications to packaging that may affect compliance.r </p>
r Changes relating to the following may be relevant:r </p>
- r
- material,</li>
- label,</li>
- adhesive,</li>
- coating,</li>
- closure,</li>
- design,</li>
- weight,</li>
- elements affecting recyclability.</li>
</ul>
Simply reselling a product without changes is different from actually redesigning it.
Co-branding – does the presence of the contract manufacturer’s brand change anything?
Not necessarily.
Article 3(1), point 13(a), expressly provides that the own name or trade mark rule applies regardless of whether another trade mark is also visible.
The product may therefore simultaneously bear:
- the contracting party’s trade mark,
- the contract manufacturer’s name,
- other required markings.
The mere presence of a second name does not automatically transfer the role of manufacturer.
What about generic packaging without a logo?
The absence of a logo does not automatically mean that the manufacturer is the producer of the packaging semi-finished product itself.
The Commission indicates that where packaging is not marked with a name or brand, it is necessary to check:
- who placed the order,
- who decided on the design specification.
In addition, the packaging category is of great importance.
For sales packaging, the product filler may be the manufacturer, whereas for typical generic transport packaging, that role may remain with its producer.
Private label PPWR – decision tree
Question If YES If NO Do you commission a product or packaging under your own name or trade mark? Strong indication that you are the manufacturer – check the micro-enterprise exemption Proceed to the following criteria Are you a micro-enterprise? Check the packaging supplier The exemption under Article 3(1), point 13(b), does not apply Is the packaging supplier located in the same Member State? The micro-enterprise exemption may apply The micro-enterprise exemption does not apply Are you an importer or distributor and do you rebrand the product? Check Article 21 – you may become subject to the manufacturer’s obligations The obligations applicable to your original role remain Is the packaging unbranded transport packaging? The manufacturer may be the producer of that packaging Check the ordering and specification model Can a contract transfer the role of manufacturer to the contract manufacturer?
A contract can allocate tasks in great detail, but should not be used to disregard the statutory definition of manufacturer.
The contract may specify:
- who provides material data,
- who commissions testing,
- who bears its cost,
- who maintains the source documentation,
- how quickly documents must be made available,
- contractual liability for incorrect data,
- the change procedure.
However, if the PPWR classifies the brand owner as the manufacturer, the clause “Supplier is responsible for all PPWR compliance” alone should not be treated as a means of changing that classification vis-à-vis the authorities.
Private label requires a mandatory change control process
The greatest practical risk arises when the contract manufacturer changes the material after the declaration has been issued.
The contract should require prior notification of changes concerning:
- packaging supplier,
- raw material,
- formulation,
- recycled content,
- coating,
- adhesive,
- colourant,
- label,
- closure,
- dimensions or mass,
- production process affecting the assessed property.
What documents should the brand owner request from the contract manufacturer?
If you are the manufacturer, you need evidence to compile the documentation in Annex VII.
Document Why? Packaging specification Identification of the assessed type BOM / bill of materials Component composition Drawings Design verification Material supplier data Traceability of evidence Test reports Confirmation of specific parameters Change data Assessment of documentation currency Data for assessments under Articles 6, 10 and 11 Documentation of requirements applicable to the relevant PPWR stage Private label PPWR – examples of who is the manufacturer
Scenario Likely manufacturer Why? A retail chain orders a food product under its own brand Retail chain / brand owner Product ordered in packaging bearing its own trademark A cosmetics brand orders cream with its logo Brand owner Private label under Article 3(1), point 13(a) A microenterprise orders branded boxes from a supplier in the same Member State The supplier may be the manufacturer Possible exception under point (b) A Polish microenterprise orders private label products from China The same Member State exception does not apply; analysis of the brand owner’s/importer’s role is required The supplier is not located in the same Member State A shop buys a standard generic shipping carton Usually the carton manufacturer Unbranded transport packaging A shop orders a bespoke shipping carton with its own logo Shop Order under its own brand A distributor resells a product without changes This does not make it a manufacturer It remains a distributor A distributor rebrands a product under its own brand The distributor may assume the manufacturer’s obligations Article 21 The table is indicative. Final classification requires verification of the specific flow, packaging type and contracts.
What exactly does a brand take on when it becomes a manufacturer?
The role of manufacturer primarily triggers the obligations under Article 15.
These include, among others:
- placing only compliant packaging on the market;
- carrying out or arranging the appropriate conformity assessment procedure;
- drawing up technical documentation;
- ensuring conformity of series production;
- drawing up the EU declaration of conformity;
- managing changes affecting conformity;
- cooperating with the competent authorities.
Most common private-label brand mistakes under PPWR
- assuming that the physical factory is always the manufacturer;
- treating the contract manufacturer and brand owner as two parallel manufacturers;
- confusing the manufacturer with the EPR producer;
- treating every logo as the sole criterion without analysing the ordering model;
- ignoring packaging categories – sales, grouped and transport packaging;
- relying on the microenterprise exemption without checking all conditions;
- applying the microenterprise exemption to a supplier from China;
- assessing microenterprise status solely by the number of employees in one company without analysing links;
- no access to the contract manufacturer’s documents;
- signing the declaration without the documentation required by Annex VII;
- no obligation to report material changes;
- attempting to transfer the statutory role by a contractual clause alone;
- regarding food-contact documentation or a quality certificate as complete PPWR documentation.
PPWR for private-label brands – manufacturer determination checklist
- Identify each packaging type separately.
- Determine whether it is sales, grouped, transport or service packaging.
- Check who orders its design.
- Check who decides on the specification.
- Check whose name or trade mark the packaging or product bears.
- Check whether the entire packaged product is manufactured under your brand.
- Determine whether you are an importer or distributor.
- If you rebrand or modify packaging, check Article 21.
- Check microenterprise status.
- Take account of linked and partner enterprises.
- If you are a microenterprise, check the location of the packaging supplier.
- Do not apply the microenterprise exemption if the same Member State condition is not met.
- Identify one appropriate manufacturer.
- Determine data suppliers in accordance with Article 16.
- Secure access to specifications and tests.
- Compile the technical documentation required by Annex VII.
- Determine the person responsible for the declaration required by Annex VIII.
- Introduce an obligation to report changes.
- Separate the role of manufacturer from that of EPR producer.
- Record the role analysis outcome in the company’s documentation.
How do you manage private-label PPWR with multiple contract manufacturers?
With several dozen products, determining the role itself is no longer the main problem.
The challenge becomes maintaining the relationships:
brand → product → packaging type → contract manufacturer → material supplier → document → assessment → declaration.
The same factory may manufacture several SKU using several shared packaging items.
In turn, one material may come from a single supplier and be used by multiple contract manufacturers.
Therefore, the system should manage relationships and versions, rather than merely store standalone PDFs.
When a private label becomes a PPWR manufacturer – summary
If a company commissions the design or manufacture of packaging or a packaged product under its own name or trade mark, it is generally the PPWR manufacturer.
The physical manufacture of the product by a contract manufacturer is not sufficient to transfer that role.
The Commission’s final guidelines C(2026) 3702 further confirm that there is one manufacturer in the chain for a given packaging item.
Particular attention is required for:
- microenterprises,
- imports of private-label products from outside the EU,
- transport packaging and e-commerce packaging,
- products without visible branding,
- rebranding carried out by the importer or distributor.
The best order of analysis is:
packaging type → who orders it → who decides on the design → whose brand → microenterprise exception → relevant manufacturer → documentation → declaration.
FAQ – own brands and private labels under the PPWR
Who is the PPWR manufacturer for own-brand production?
If a company commissions the design or manufacture of packaging or a packaged product under its own name or trade mark, it is generally the manufacturer in accordance with Article 3(1), point 13(a). However, the specific exception for microenterprises must be checked.
Does a contract manufacturer issue the PPWR declaration of conformity for the brand owner?
If the brand owner is the relevant manufacturer, the EU declaration of conformity is drawn up in its name. The contract manufacturer may provide data, tests and other documentation elements, but physical production alone does not transfer the statutory role of manufacturer to it.
Is a private-label microenterprise always exempt from the role of manufacturer?
No. The exception applies only where the PPWR conditions are met, including microenterprise status and the condition that the packaging supplier is located in the same Member State. The mere fact that a company operates on a small scale is not sufficient.
Does an importer selling a product under its own brand become the manufacturer?
This may be the case. In addition to the definition of manufacturer in Article 3, Article 21 is relevant, under which an importer or distributor placing packaging on the market under its own name or trade mark, or making a modification that may affect conformity, may become subject to the obligations of a manufacturer.
What is the difference between a manufacturer and an EPR producer under the PPWR?
The manufacturer is primarily responsible for the technical conformity of packaging, documentation and the EU declaration of conformity. A producer within the meaning of the PPWR is a role intended primarily to assign extended producer responsibility obligations, such as registration, reporting and financing waste management.
Sources
PPWR Regulation: Regulation (EU) 2025/40 of the European Parliament and of the Council – EUR-Lex
Commission final guidelines of 5 June 2026: Commission Notice C(2026) 3702 – Guidelines on Regulation (EU) 2025/40
European Commission FAQ: Packaging and Packaging Waste Regulation – Frequently Asked Questions
The article draws in particular on:
- Article 3(1), point 13 – the definition of manufacturer and the rule concerning its own name or trade mark,
- Article 3(1), point 15 – the definition of producer for EPR purposes,
- Article 15 – obligations of the manufacturer,
- Article 16 – suppliers’ obligations concerning information and documentation,
- Article 18 – obligations of the importer,
- Article 19 – obligations of the distributor,
- Article 21 – cases in which an importer or distributor is subject to the obligations of the manufacturer,
- Article 38 – the conformity assessment procedure,
- Article 39 – the EU declaration of conformity,
- Annex VII – technical documentation and internal production control,
- Annex VIII – the structure of the EU declaration of conformity,
- section 2 of Commission guidance C(2026) 3702 – interpretation of the definition of manufacturer.
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