Glossary
Authorised representative
Authorised representative means any natural or legal person established in the Union that has received a written mandate from the manufacturer to act on that manufacturer’s behalf in relation to specified tasks with regard to the manufacturer’s obligations under this Regulation.
Authorised representative for the extended producer responsibility
Authorised representative for the extended producer responsibility means any natural or legal person established in the Member State where the producer makes packaging or packaged products available on the territory of the Member State for the first time, or where it unpacks packaged products without being an end user, other than the Member State or the third country where the producer is established, and that is appointed by the producer in accordance Article 8a(5), third subparagraph, of Directive 2008/98/EC to fulfil the obligations of that producer under Chapter VIII of the PPWR.
Composite packaging
Composite packaging means a unit of packaging made of two or more different materials which are part of the weight of the main packaging material and cannot be separated manually and therefore form a single integral unit, unless one of the materials constitutes an insignificant part of the packaging unit and in any event no more than 5 % of the total mass of the packaging unit and excluding labels, varnishes, paints, inks, adhesives and lacquers; this is without prejudice to Directive (EU) 2019/904.
Compostable packaging
Compostable packaging means packaging that biodegrades in industrially controlled conditions or that is capable of undergoing biological decomposition in such conditions, including through anaerobic digestion, but not necessarily in a home-composting environment, combined, if necessary, with physical treatment, resulting ultimately in the conversion of the packaging into carbon dioxide or, in the absence of oxygen, methane, and mineral salts, biomass and water, and that does not hinder or jeopardise the separate collection and the composting and anaerobic digestion process.
Deposit and return system
Deposit and return system means a system in which a deposit is charged to the end user when purchasing a packaged or filled product covered by that system, and redeemed when the deposit bearing packaging is returned through one of the collection channels that are authorised for that purpose by the national authorities.
Distributor
Distributor means any natural or legal person in the supply chain, other than the manufacturer or importer, that makes packaging available on the market.
E-commerce packaging
E-commerce packaging means transport packaging used to deliver products in the context of sale online or through other means of distance sales to the end user.
Final distributor
Final distributor means the natural or legal person in the supply chain that delivers packaged products, including through re-use, or products that can be purchased through refill to the end user.
Grouped packaging
Grouped packaging means packaging conceived so as to constitute a grouping of a certain number of sales units at the point of sale, irrespective of whether that grouping of sales units is sold as such to the end user or whether it serves as a means to facilitate the restocking of shelves at the point of sale or to create a stock-keeping or distribution unit, and which can be removed from the product without affecting its characteristics.
Importer
An importer means any natural or legal person established within the Union that places packaging from a third country on the market.
Innovative packaging
Innovative packaging means a form of packaging that is manufactured using new materials, resulting in a significant improvement in the functions of the packaging, such as the containment, protection, handling, or delivery of products, and in overall demonstrable environmental benefits, with the exception of packaging that is the result of modification to existing packaging for the main purpose of improving the presentation of products and marketing.
Making available on the market
Making available on market means any supply of packaging, whether empty or with a product, for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge.
Making available on the territory of the Member State
Making available on the territory of the Member State means any supply of packaging, whether empty or with a product, for distribution, consumption or use on the territory of the Member State in the course of a commercial activity, whether in return for payment or free of charge.
Manufacturer
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 [the date of entry into force of this Regulation], 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.
Online platform
Online platform means online platform as defined in Article 3, point (i), of Regulation (EU) 2022/2065.
Article 3(i) of Regulation (EU) 2022/2065 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) defines “online platform” as “a hosting service that, at the request of a recipient of the service, stores and disseminates information to the public, unless that activity is a minor and purely ancillary feature of another service or a minor functionality of the principal service and, for objective and technical reasons, cannot be used without that other service, and the integration of the feature or functionality into the other service is not a means to circumvent the applicability of this Regulation”.
Packaging
Packaging means an item, irrespective of the materials from which it is made, that is intended to be used by an economic operator for the containment, protection, handling, delivery or presentation of products to another economic operator or to an end-user, and that can be differentiated by packaging format based on its function, material and design, including:
(a) an item that is necessary to contain, support or preserve a product throughout its lifetime, without being an integral part of the product, and which is intended to be used, consumed or disposed of together with the product;
(b) a component of, and ancillary element to, an item referred to in point (a) that is integrated into the item;
(c) an ancillary element to an item referred to in point (a) that is hung directly on, or attached to, the product and that performs a packaging function, without being an integral part of the product, and which is intended to be used, consumed or disposed of together with the product;
(d) an item that is designed and intended to be filled at the point of sale in order to dispense the product, which is also referred to as ‘service packaging’;
(e) a disposable item that is sold and filled or designed and intended to be filled at the point of sale and which performs a packaging function;
(f) a permeable tea, coffee or other beverage bag, or soft after-use system single serve unit that contain tea, coffee or another beverage, and which is intended to be used and disposed of together with the product;
(g) a non-permeable tea, coffee or other beverage system single-serve unit intended for use in a machine and which is used and disposed of together with the product.
Placing on the market
Placing on the market means the first making available of packaging, whether empty or with a product, on the Union market.
Plastic
Plastic means material consisting of a polymer within the meaning of Article 3, point (5), of Regulation (EC) No 1907/2006, to which additives or other substances may have been added, and which is capable of functioning as a main structural component of packaging, with the exception of natural polymers that have not been chemically modified.
Producer
Producer means any manufacturer, importer or distributor to whom, irrespective of the selling technique used, including by means of distance contracts, one of the following applies:
(a) the manufacturer, importer or distributor is established in a Member State and makes available for the first time from within the territory of that Member State and on that same territory transport packaging, service packaging, or primary production packaging, whether as single-use packaging or as reusable packaging; or
(b) the manufacturer, importer or distributor is established in a Member State and makes available for the first time from within the territory of that Member State and on that same territory products packaged in packaging other than those referred to in point (a); or
(c) the manufacturer, importer or distributor is established in a Member State or in a third country and makes available for the first time on the territory of another Member State, directly to end users, transport packaging, service packaging or primary production packaging, whether as single-use packaging or as reusable packaging; or
(d) the manufacturer, importer or distributor is established in a Member State or in a third country and makes available for the first time on the territory of another Member State, directly to end users, products packaged in packaging other than those referred to in point (c); or
(e) the manufacturer, importer or distributor is established in a Member State and unpacks packaged products without being an end user, unless another person is the producer as defined in point (a), (b), (c) or (d).
Producer responsibility organisation
Producer responsibility organisation means a legal entity that financially or financially and operationally organises the fulfilment of extended producer responsibility obligations on behalf of several producers.
Re-use system
Re-use system means the organisational, technical or financial arrangements, together with incentives, that allow re-use either in a closed loop or open loop system, such as a deposit and return system that ensures that packaging is collected for re-use.
Reusable packaging
Packaging placed on the market from [date of entry into force of the PPWR] shall be considered to be reusable where it fulfils all of the following requirements:
(a) it has been conceived, designed and placed on the market with the objective to be re-used multiple times;
(b) it has been conceived and designed to accomplish as many rotations as possible under normally predictable conditions of use;
(c) it fulfils applicable requirements regarding consumer health, safety and hygiene;
(d) it can be emptied or unloaded without being damaged in a way that would prevent its further function and re-use;
(e) it is capable of being emptied, unloaded, refilled or reloaded while maintaining the quality and safety of the packaged product and ensuring compliance with the applicable safety and hygiene requirements, including those on food safety;
(f) it is capable of being reconditioned in accordance with Part B of Annex VI, while maintaining its ability to perform its intended function;
(g) it allows for affixing of labels and the provision of information on the properties of that product and on the packaging itself, including any relevant instructions and information for ensuring safety, adequate use, traceability and shelf-life of the product;
(h) it can be emptied, unloaded, refilled or reloaded without risk to the health and safety of those responsible for doing so; and
(i) it fulfils the requirements specific to recyclable packaging set out in Article 6, so that it can be recycled when it becomes waste.
Sales packaging
Sales packaging means packaging conceived so as to constitute a sales unit consisting of products and packaging to the end user at the point of sale.
Supplier
Supplier means any natural or legal person that supplies packaging or packaging material to a manufacturer.