Conformity assessment can be carried out on the manufacturer’s behalf and the EU declaration of conformity can be drafted by an authorised representative, but the obligation to draw up the technical documentation cannot be delegated. Article 17(2) of Regulation (EU) 2025/40 excludes it from the mandate, along with the Article 15(1) conformity obligation.
Article 15(1) makes manufacturers responsible for the conformity of the packaging they place on the market. Article 15(2) requires a conformity assessment procedure, an EU declaration of conformity and the technical documentation before placing on the market. Article 17(1) allows a manufacturer to appoint an authorised representative by written mandate.
What can move, and what cannot
| Task | Can it be performed by another party | Where responsibility sits |
|---|---|---|
| Conformity assessment procedure, Article 38 | Yes, for example by a laboratory or a certification scheme | Manufacturer |
| Drafting the EU declaration of conformity, Article 39 | Yes, by an authorised representative under written mandate | Manufacturer |
| Drawing up the Annex VII technical documentation | No | Manufacturer, exclusively |
| Article 15(1) conformity obligation | No | Manufacturer, exclusively |
The closing subparagraph of Article 17(2) is explicit: the obligations laid down in Article 15(1) and the obligation to draw up the technical documentation referred to in Annex VII shall not form part of the authorised representative’s mandate.
What the mandate must at least cover
Article 17(2) sets a floor for any mandate. The representative must keep the declaration of conformity and technical documentation available to national market surveillance authorities for five years from the date single-use packaging was placed on the market, and ten years for reusable packaging. It must cooperate with competent national authorities on non-compliance measures, provide information and technical documentation on reasoned request in a language easily understood by the authority, make relevant documents available within ten days of a request, and terminate the mandate if the manufacturer acts contrary to its obligations.
Suppliers feed the file rather than own it
Article 16(1) requires suppliers to provide the manufacturer with all information and documentation necessary to demonstrate conformity, including the Annex VII technical documentation, in one or more languages easily understood by the manufacturer, in paper or electronic form. The regulation therefore splits data provision from legal responsibility: suppliers furnish, manufacturers remain answerable.
Sources: Regulation (EU) 2025/40, PPWR Frequently Asked Questions, second edition
Deciding which tasks to place outside the business without losing control of the file is a structuring question handled in EU PPWR solutions, and the underlying duties are set out in the PPWR compliance guide.