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. It then sets two exceptions. Under point (a), a person that has packaging designed or manufactured under its own name or trademark is the manufacturer, whether or not another trademark is visible. 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 |
| Factory outside the Union 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. For Article 15 duties, Article 15(12) extends it to any supplier located in the Union. A supplier established outside the Union meets neither test, so the brand-owner rule in point (a) governs every EU private-label arrangement sourced from outside the Union.
Why the brand owner rather than the factory
Point 2 of the Commission guidance notice says that where packaging carries a name or trademark, the owner of that name or trademark can be assumed to be the manufacturer. The reason given is that it holds the decisive power in its contracts with suppliers, so it can decide the packaging characteristics. The Commission FAQ adds that this holds even where another operator physically makes or fills the packaging. It also holds where the brand owner simply picks a standard packaging option and asks for no 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
Where this line falls decides which obligations sit with the supplier and which sit with the customer, so GreenSutra’s EU PPWR solutions work maps it first. The PPWR compliance guide sets out the role definitions.