Guide to PPWR Requirements for Micro-Enterprises

Companies defined as manufacturers under the Packaging and Packaging Waste Regulation (PPWR) 2025/40 must generally ensure that their packaging complies in the following areas:

• Packaging design and materials
• Substances
• Labelling
• Documentation
• EPR

It is therefore essential to determine which company in the supply chain is defined as the manufacturer. This is not always obvious, as certain exemptions apply to companies defined as micro-enterprises.

This guide explains what these exemptions are and how packaging suppliers and companies selling products are impacted by exemptions applicable to micro-enterprises.

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Definitions

Case A: EU suppliers selling to micro-enterprises in the same EU member state

Article 3 of the PPWR provides the following definition for manufacturers:

‘manufacturer’ means any natural or legal person that manufactures packaging or a packaged product; however:

(a) subject to point (b), where a natural or legal person has packaging or a packaged product designed or manufactured under its own name or trademark, regardless of whether any other trademark is visible on the packaging or on the packaged product, ‘manufacturer’ means that natural or legal person;

(b) where the natural or legal person that has the packaging or packaged product designed or manufactured under its own name or trademark falls within the definition of micro-enterprise set out in Recommendation 2003/361/EC as applicable on 11 February 2025, and the natural or legal person that supplies the packaging to the natural or legal person that has the packaging designed or manufactured under its own name or trademark is located in the same Member State, ‘manufacturer’ means the natural or legal person that supplies the packaging;

Summary

✅ Is the company a micro-enterprise?*

✅ Is the company located in the same EU member state as the (packaging) supplier?

If yes on both = Packaging supplier is defined as the manufacturer under the PPWR

The practical implication here is that packaging suppliers could potentially assume the extensive manufacturer responsibilities under the PPWR when selling to smaller businesses.

*That has the packaging or packaged product designed or manufactured under its own name or trademark.

Case study

A German print and packaging factory supplies packaging to a toy brand in Germany, which is defined as a micro-enterprise. The German packaging supplier is the manufacturer under the PPWR.

Case B: EU suppliers selling to micro-enterprises in any EU member state

Packaging suppliers can also assume the manufacturer responsibilities listed in Article 15.

12. Where the natural or legal person that has the packaging designed or manufactured under its own name or trademark falls within the definition of micro-enterprise set out in Recommendation 2003/361/EC as applicable on 11 February 2025, and the natural or legal person that supplies the packaging to the natural or legal person that has the packaging designed or manufactured under its own name or trademark is located in the Union, the natural or legal person that supplies the packaging shall be considered to be the manufacturer for the purposes of this Article.

Summary

✅ Is the company a micro-enterprise?*

✅ Is the (packaging) supplier based in the EU?

If yes on both = Packaging supplier is responsible for the manufacturer’s obligations listed under Article 15

*That has the packaging or packaged product designed or manufactured under its own name or trademark.

Case study

A German print and packaging factory supplies packaging to a toy brand in the Netherlands, which is defined as a micro-enterprise. The German packaging supplier must ensure that they have followed Article 15.

What are the obligations under Article 15?

Article 15 lists specific obligations for manufacturers, which include the following:

• Substance restrictions
• Packaging design and materials
• Packaging labelling
• Documentation
• Conformity assessment procedures
• Managing non-compliance, withdrawals, and recalls

In short, the packaging supplier must fulfill most tasks as a manufacturer.

Who is a micro-enterprise?

The PPWR specifically refers to Recommendation 2003/361/EC when it comes to defining micro-enterprises. The following definition can be found in Article 2:

3. Within the SME category, a microenterprise is defined as an enterprise which employs fewer than 10 persons and whose annual turnover and/or annual balance sheet total does not exceed EUR 2 million.

Summary

✅ Does the company have fewer than 10 persons?

✅ and, does he annual turnover and/or annual balance sheet total not exceed EUR 2 million?

If yes on both = Then the company is a micro-enterprise under this definition