A conformity assessment can be carried out on the manufacturer’s behalf, and an authorised representative can draft the EU declaration of conformity. The duty 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.
Which tasks another party can do
| 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) says so directly. The Article 15(1) obligations and the duty to draw up the Annex VII technical documentation cannot form part of the authorised representative’s mandate.
What the mandate must at least cover
Article 17(2) sets the minimum any mandate must cover. The representative must:
- keep the declaration of conformity and technical documentation available to national market surveillance authorities for five years after single-use packaging was placed on the market, and ten years for reusable packaging;
- cooperate with competent national authorities on measures against non-compliance;
- provide information and technical documentation on reasoned request, in a language the authority easily understands;
- make relevant documents available within ten days of a request;
- end the mandate if the manufacturer acts against its obligations.
Suppliers provide data; the manufacturer stays responsible
Article 16(1) requires suppliers to give the manufacturer all the information and documentation needed to demonstrate conformity, including the Annex VII technical documentation. They provide it on paper or electronically, in a language the manufacturer easily understands. So suppliers provide the data and the manufacturer stays legally responsible.
Sources: Regulation (EU) 2025/40, PPWR Frequently Asked Questions, second edition
GreenSutra’s EU PPWR solutions work helps decide which tasks to hand to others without losing control of the file. The PPWR compliance guide sets out the underlying duties.