Where packaging bears a name or trademark, the PPWR manufacturer is the operator under whose name or trademark it is placed on the market, not the factory that produced it. Article 3(1), point (13), of Regulation (EU) 2025/40 fixes this regardless of whether another trademark is also visible on the packaging.
Article 3(1), point (13), defines a manufacturer as any natural or legal person that manufactures packaging or a packaged product, then displaces that default in two situations. Point (a) provides that where a person has packaging designed or manufactured under its own name or trademark, regardless of whether any other trademark is visible, the manufacturer is that person. Point (b) hands the status back to the supplier only where the brand owner is a micro-enterprise and the supplier is located in the same Member State.
What each party is under the regulation
| Party | Role under Regulation (EU) 2025/40 | Core duty |
|---|---|---|
| EU brand owner whose name or trademark the packaging bears | Manufacturer, Article 3(1), point (13)(a) | Article 15: conformity assessment, declaration of conformity, technical documentation |
| Indian factory producing to that brand’s specification | Supplier, Article 3(1), point (16) | Article 16: give the manufacturer the information and documentation needed to prove conformity |
| Operator established in the Union placing third-country packaging on the market | Importer, Article 3(1), point (17) | Article 18: the pre-market checks |
The micro-enterprise route in point (b) requires the supplier to be located in the same Member State. A supplier established outside the Union can never meet that condition, so the brand-owner rule in point (a) governs every EU private-label arrangement sourced from India.
Why the brand owner rather than the producer
Point 2 of the Commission guidance notice explains that where packaging carries a name or trademark it can be assumed the owner of that name or trademark is the manufacturer, because it holds the decisive power in the contractual relation with its suppliers and can therefore determine the packaging characteristics. The Commission FAQ adds that this holds even where another operator physically carries out the manufacturing or filling, and even where the brand owner simply selects a standardised packaging option without requesting design changes.
Where a name belongs to one company and a trademark to another, the status attaches to whichever determines the packaging design and specifications. A licensor whose trademark appears but who does not determine packaging characteristics is not the manufacturer, and the contractual agreement decides who holds the decisive power.
Sources: Regulation (EU) 2025/40, Commission Notice, guidance document for Regulation (EU) 2025/40, PPWR Frequently Asked Questions, second edition
Drawing this line correctly decides which obligations sit in India and which sit with the customer, which is the first mapping step in EU PPWR solutions. The role definitions are set out in the PPWR compliance guide.