PPWR · PPWR Article 3 (Definitions)
What are the definitions under PPWR Article 3?
The PPWR's key definitions, and how they decide which kind of merchant you are.
Article 3 of the European Union's Packaging and Packaging Waste Regulation sets out the legal definitions for the entire text. It contains 71 specific definitions that decide whether your business is classified as a manufacturer, importer, distributor or producer under the regulation, and which obligations apply to you.
When reading compliance legislation, the definitions section is frequently skipped. Merchants are understandably eager to jump straight to the rules, fees, and deadlines that impact their bottom line. However, with the EU Packaging and Packaging Waste Regulation (PPWR), skipping the definitions is a mistake. The obligations a business faces depend entirely on which exact labels apply to its operations and the specific materials it handles.
If a seller assumes that "manufacturer" and "producer" mean the same thing, they will misunderstand their legal duties across different European countries. Article 3 establishes a common language for the entire EU, replacing the patchwork of national interpretations that existed under previous directives. It tells you exactly what counts as packaging, how to classify composite materials, and who holds the financial responsibility for waste management in any given supply chain.
What PPWR Article 3 actually means
Article 3 contains 71 specific definitions that govern how the PPWR is applied (Packaging and Packaging Waste Regulation (EU) 2025/40). Unlike the older packaging directive, which allowed individual member states a degree of freedom in how they interpreted terminology, the new regulation provides strict, harmonised definitions that apply directly across the European Union. This ensures that a cardboard box or an e-commerce mailer is classified exactly the same way in Germany as it is in France or Italy.
The most important function of Article 3 is assigning roles within the supply chain. It clearly separates the economic operators who physically make or commission the packaging from those who import or distribute it. Understanding these distinctions is how a business determines whether it must draft a declaration of conformity or simply register for extended producer responsibility and pay eco-modulated fees.
Article 3 defines a "producer" as any manufacturer, importer, or distributor who makes packaging or packaged products available for the first time from within the territory of a Member State (Commission Notice - Guidance document for Regulation (EU) 2025/40 on packaging).
Beyond defining economic roles, the article defines the physical items themselves. It covers everything from sales packaging to grouped and transport packaging. It explicitly defines what constitutes composite materials, what counts as reusable items, and the various grades of plastic carrier bags. It also clarifies modern retail formats, establishing clear legal boundaries for e-commerce deliveries and takeaway food containers.
Does this apply to me?
Because Article 3 simply defines the terms used throughout the regulation, it applies to any economic operator placing packaging on the EU market. The PPWR entered into force on 11 February 2025, and its primary obligations will apply from 12 August 2026. If your business interacts with packaging in the European Union, your legal standing is determined by this article.
If you have packaging designed or manufactured under your own name or trademark, you are legally considered the "manufacturer". As the manufacturer, you hold the responsibility for ensuring the packaging meets sustainability, minimisation, and labelling requirements before it ever hits the market. However, there is a strict exception built into the definition: if you are a micro-enterprise and the supplier who actually makes the packaging is located in the same Member State, that supplier remains the legal manufacturer.
Meanwhile, if you are the first entity to make a packaged product available within a specific Member State, you are the "producer" in that territory. You must register with the national authority and pay extended producer responsibility fees in the country where the packaging is expected to become waste. If you are a brand based outside the EU selling directly to French consumers, you are the producer in France.
What key packaging definitions and thresholds does PPWR Article 3 set?
The key packaging definitions in the PPWR set precise thresholds and criteria for different materials and systems. Here are the most prominent definitions laid out in Article 3.
| Term | Legal definition under Article 3 |
|---|---|
| Packaging | Any item used for the containment, protection, handling, delivery or presentation of products, which includes service packaging, tea bags, and sticky labels. |
| Composite packaging | Packaging made of two or more different materials that cannot be separated manually, unless one material constitutes no more than 5% of the total mass. |
| E-commerce packaging | Transport packaging used to deliver products online or via distance sales directly to the end user. |
| Recycled at scale | Packaging waste collected, sorted, and recycled where the annual quantity of recycled material is at least 30% for wood and 55% for other materials across the EU. |
| Very lightweight plastic carrier bags | Plastic carrier bags with a wall thickness below 15 microns. |
| Deposit and return system | A system where a deposit is collected from the end user at purchase and redeemed when the packaging is returned to an authorised collection channel. |
Common misconceptions about PPWR Article 3
“Believing "manufacturer" and "producer" are interchangeable”
In everyday speech, these words often mean the exact same thing. Under the PPWR, they represent entirely different legal duties. The manufacturer is the single EU-wide entity responsible for the packaging's physical conformity and recyclability. The producer is the company responsible for paying extended producer responsibility fees in the specific country where the waste is ultimately discarded.
“Assuming minor plastic elements create "composite packaging."”
Many sellers worry that adding a small plastic window to a paper box changes its entire classification, subjecting it to different recycling rules. The regulation clarifies that if the secondary material accounts for 5% or less of the total weight of the unit, it is not legally classified as composite packaging.
“Thinking shipping materials do not count as packaging”
Some merchants assume that only the branded box holding their product is regulated. Under Article 3, e-commerce packaging - such as the outer brown box or plastic mailer used to ship a product to a consumer - is explicitly defined and regulated. It is subject to strict rules, including mandatory empty space limits.
“Confusing home compostable with industrially compostable”
Sellers sometimes label their packaging as "compostable" without understanding the legal distinction. Article 3 defines "compostable packaging" as materials that biodegrade in industrially controlled conditions, whereas "home compostable packaging" refers to materials that biodegrade in non-controlled conditions managed by private individuals.
5 examples of economic operator roles
The brand owner
A cosmetics brand that has glass jars and cardboard boxes manufactured under its own trademark is defined as the "manufacturer." They bear the legal responsibility for ensuring the recyclability and safety of the bottle design across the entire European Union.
The distance seller
An online clothing retailer based in the UK selling directly to consumers in Germany is defined as the "producer" in Germany. Because they are the first to make the packaged product available in that territory, they must register with the German authorities and finance the collection of their packaging waste.
The local filler
A supermarket that fills plastic containers with fresh salads in-store acts as the "producer" for that sales packaging in their respective Member State. They are making the empty packaging available on the market for the first time by filling it and handing it to a consumer.
The micro-enterprise exemption
A tiny local bakery buying branded paper bags from a supplier located in the same country is exempt from manufacturer duties. Because of the micro-enterprise exemption in Article 3, the supplier who physically produced the bags holds the legal status of manufacturer.
The logistics unpacker
A fulfilment centre that receives large pallets of goods from overseas, removes the outer shrink wrap, and unpacks the goods to send individual items to customers becomes the "producer" for that discarded transport packaging. They must report and pay fees for the waste they generate on-site.
Terms related to PPWR Article 3 (Definitions)
| Term | What it means |
|---|---|
| Packaging and Packaging Waste Regulation (PPWR) | The overarching European Union law designed to reduce packaging waste, mandate recyclability, and harmonise rules across the internal market. |
| PPWR Article 15 (Obligations of manufacturers) | The specific article detailing the legal duties of the entity that designs or commissions the packaging, including conformity assessments. |
| PPWR Article 45 (Extended producer responsibility) | The mandate requiring producers to bear the financial and operational costs of collecting, sorting, and recycling the packaging they place on the market. |
| Household Packaging | Packaging intended for use or consumption by private individuals, which typically enters the municipal residential waste stream. |
| Authorised Representative (EPR/PPWR) | A designated legal entity appointed by a foreign producer to handle their extended producer responsibility obligations within a specific Member State. |
Frequently asked questions
What is the difference between primary, secondary, and tertiary packaging under the PPWR?
The PPWR updates these older terms to prevent duplication and ensure clarity. Primary packaging is now legally defined as "sales packaging," secondary packaging is "grouped packaging," and tertiary packaging is "transport packaging".
Are product labels considered packaging?
Yes. Labels hung directly on or attached to a product, including the sticky labels placed on fresh fruits and vegetables, are legally considered to be packaging under the regulation. However, paints, inks, and adhesives applied directly to a product are not.
What is service packaging?
Service packaging refers to items designed and intended to be filled at the point of sale in order to dispense a product. A classic example is a takeaway food container, a coffee cup, or a paper bag handed to a customer at a physical retail checkout counter.
When does reusable packaging legally become waste?
Reusable packaging is not considered waste while it is sent for reconditioning to be used again. It only becomes packaging waste when its holder finally discards it, intends to discard it, or is legally required to discard it at the end of its useful life (Packaging and Packaging Waste Regulation (EU) 2025/40 (PDF)).
Does the PPWR apply to non-EU sellers?
Yes. If an economic operator based in a third country makes packaged products available directly to end users within a Member State, they meet the legal definition of a producer. They are entirely subject to the regulation's extended producer responsibility requirements for that territory.
What counts as an online platform under the regulation?
Article 3 adopts the definition of an online platform from the Digital Services Act. This generally includes online marketplaces and other digital services that connect sellers with consumers, which now bear certain obligations to ensure the sellers using their platform are compliant with packaging rules.
Sources:
Written by Daniel Vaknine, Co-founder – Compliance & Operations · Last reviewed 27 Jul 2026
Not sure what applies to you?
Answer a few questions about where you sell and see which packaging rules you fall under.
Check your obligations