Can Your Customer Contract Its PPWR Conformity Out to You? What Articles 15, 16, 17 and 39 Allow
Can a Customer Contract Its PPWR Conformity Out to Its Packaging Supplier?
No. Under Article 15 and Article 39 of Regulation (EU) 2025/40, the manufacturer draws up the technical documentation and the EU declaration of conformity. A supply contract can move work, data and money between the parties. A supply contract cannot make the supplier the manufacturer, and it cannot move the manufacturer's responsibility.
On 9 September 2026, Elipso, a French trade association of packaging makers, warned in a press release against "mandats ou clauses contractuelles" that some customers use to pass their obligations to packaging suppliers, and against unbranded packaging used for the same purpose. According to EUWID Recycling on 11 September 2026, Elipso accepts that tasks can be delegated while the responsibility stays where it is.
This article reads the contract question only. Who the manufacturer is in general is covered in our guide to who the manufacturer is under the PPWR, and the content of a supplier file in what counts as supplier evidence. Nothing here is legal advice.
Key Facts
- Under Article 15(2), before placing packaging on the market, manufacturers carry out the conformity assessment procedure of Article 38 or have it carried out on their behalf, and draw up the technical documentation referred to in Annex VII.
- Under Article 16(1), suppliers provide the manufacturer with all the information and documentation necessary for the manufacturer to demonstrate the conformity of the packaging.
- Under Article 17(2), the obligations of Article 15(1) and the obligation to draw up the Annex VII technical documentation do not form part of an authorised representative's mandate.
- Article 39(2) provides that the EU declaration of conformity has the model structure set out in Annex VIII, contains the elements specified in the module in Annex VII, and is continuously updated.
- Under Article 39(4), by drawing up the EU declaration of conformity, the manufacturer assumes responsibility for the compliance of the packaging with the requirements of the Regulation.
- The fourth statement is confirmed by our dated PPWR referential (baseline reviewed 3 October 2026). The others are read on the Official Journal text and listed under "What does the referential not confirm?".
Who Is the Manufacturer When a Customer Orders Packaging From a Converter?
Under Article 3(1)(13)(a) of Regulation (EU) 2025/40, a person that has packaging designed or manufactured under its own name or trademark is the manufacturer, regardless of whether any other trademark is visible. The converter that physically makes that packaging is then the supplier, not the manufacturer, whatever the contract calls it.
A supplier is any natural or legal person that supplies packaging or packaging material to a manufacturer, under Article 3(1)(16). The Commission guidance of 10 June 2026 (C/2026/3084) says the manufacturer "is not necessarily the natural or legal person that physically produces the packaging". For packaging that bears no trade name or brand, the same guidance writes: "The decisive criterion is who places the order and decides on the design specifications for that packaging."
Unbranded packaging is therefore not a way out: a customer that orders it to its own specification may still be the manufacturer. For transport and service packaging, the guidance says the manufacturer is normally the company that makes it, unless the user brands it with its own name or trademark. Transport packaging is packaging: the Regulation applies to all packaging, regardless of material, whether household, commercial or industrial, under Article 2(1).
Two rules move the manufacturer role, both written in the Regulation, not in a contract. Article 3(1)(13)(b) makes the supplier the manufacturer where the own-name party is a micro-enterprise and the supplier is located in the same Member State; Article 15(12) words the same exception with a supplier located in the Union. Under Article 21, an importer or a distributor that places packaging on the market under its own name or trademark, or modifies it in a way that could affect compliance, is considered to be a manufacturer.
What Does a Contract Leave Untouched?
A supply contract leaves the manufacturer's obligations under Article 15 and Article 39 of Regulation (EU) 2025/40 with the manufacturer. Under Annex VIII, point 3, the EU declaration of conformity is issued under the sole responsibility of the manufacturer.
| Obligation of the manufacturer | Provision | What a contract can arrange |
|---|---|---|
| Place only conforming packaging on the market | Article 15(1) | Nothing transfers; Article 17(2) excludes it from any mandate |
| Carry out the conformity assessment | Article 15(2), Article 38 | Who performs it: the assessment may be carried out on the manufacturer's behalf |
| Draw up the technical documentation | Article 15(2), Annex VII | The supplier's inputs, their format, language and timing under Article 16(1) |
| Draw up the EU declaration of conformity | Article 39, Annex VIII | Drafting help; responsibility stays with the manufacturer under Article 39(4) |
| Keep the documentation 5 years, or 10 years for reusable packaging | Article 15(3) | An authorised representative may keep it, under Article 17(2)(a) |
| Re-assess after a change of design or characteristics | Article 15(4) | Change notices from the supplier; the re-assessment may be carried out on the manufacturer's behalf |
| Take corrective measures and inform the authority | Article 15(8) | Cooperation duties and cost sharing between the parties |
| Answer a reasoned request within 10 days | Article 15(10) | Supplier response times short enough to meet the 10 days |
Recital 76 of the Regulation says that conformity assessment should remain solely the obligation of the manufacturer, which is best placed to carry it out. The Commission guidance adds that the manufacturer is "the sole economic operator bearing legal responsibility for the packaging's compliance", regardless of who drafted the declaration or parts of it.
What Can an Article 17 Mandate Carry, and What Can It Not?
An Article 17 mandate can carry the keeping of documents, cooperation with authorities and replies to their requests. Under Article 17(2) of Regulation (EU) 2025/40, the Article 15(1) obligations and the drawing up of the Annex VII technical documentation do not form part of an authorised representative's mandate.
An authorised representative is any natural or legal person established in the Union that has received a written mandate from the manufacturer to act on its behalf in relation to specified tasks, under Article 3(1)(19). Under Article 17(1), a manufacturer may, by a written mandate, appoint one: the mandate is optional. Under Article 17(2), the mandate allows at least keeping the declaration and the technical documentation for the authorities, cooperating with them, answering their requests within 10 days, and terminating the mandate if the manufacturer acts contrary to its obligations.
A mandate naming the supplier as authorised representative therefore cannot hand it the technical documentation: under Annex VII, point 5, the representative may only keep it, on the manufacturer's behalf and under its responsibility. An Article 17 mandate is also not the authorised representative for the extended producer responsibility of Article 45(3), a separate role described in our article on importer obligations and the two chains.
What Does Article 16 Require From the Supplier?
Article 16(1) of Regulation (EU) 2025/40 requires suppliers to provide the manufacturer with all the information and documentation necessary to demonstrate conformity, including the Annex VII technical documentation required under Articles 5 to 11. Article 16 is a duty to inform the manufacturer, not a duty to declare conformity in its place.
The information is given in a language the manufacturer easily understands, on paper or electronically. An Article 16 supplier file is the set of supplier information that feeds the manufacturer's technical documentation. A contract can make the Article 16 duty concrete; it cannot turn the supplier file into the customer's declaration.
What Can a Supply Contract Usefully Organise?
A supply contract can usefully organise how the Article 16 information reaches the manufacturer: per component, in which format, language and time, with which evidence and under which change rules. Under Article 15(2) of Regulation (EU) 2025/40, the conformity assessment may also be carried out on the manufacturer's behalf, and a contract can say by whom.
- Who owns the specification. Write down who places the order and who decides on the design specifications. That fact, not the label on the clause, points to the manufacturer under the Commission guidance.
- The data package. List the information owed per packaging and per component: materials, substances, test reports or calculations.
- Deadlines. Set supplier response times that let the manufacturer meet the 10 days of Article 15(10).
- Change notices. Require notice before a change of material, recipe, plant or sub-supplier, so that the manufacturer can re-assess under Article 15(4).
- Testing on behalf. Where the supplier or a laboratory performs tests, say for whom it acts and who receives the reports.
- Audit and access. Agree audits and access to evidence for the retention periods of Article 15(3).
- Corrective action. Agree how the parties cooperate when Article 15(8) applies, and who bears which cost. Indemnities follow national contract law, not covered here.
Each point allocates work or cost. None changes who answers to a market surveillance authority.
Which Clauses Should a Supplier Refuse or Renegotiate?
A supplier can refuse or renegotiate any clause that makes it the manufacturer by contract alone, that moves the Article 15(1) obligation or the Annex VII technical documentation to it, or that presents its own file as the EU declaration of conformity. Articles 3(1)(13), 17(2) and 39(4) of Regulation (EU) 2025/40 decide those points.
| Clause seen in supply contracts | Why it does not hold under the Regulation | What can be offered instead |
|---|---|---|
| "The supplier is solely responsible for the PPWR conformity of the packaging." | Where the customer is the manufacturer, Article 39(4) and Annex VIII, point 3, keep the responsibility with it | Responsibility for the accuracy of the supplier's own information under Article 16(1) |
| "The supplier shall be deemed the manufacturer." | Article 3(1)(13) and Article 21 decide who the manufacturer is; a label in a contract does not | A clause recording who places the order and decides on the specifications |
| A mandate to draw up the technical documentation as authorised representative | Article 17(2) excludes the Annex VII technical documentation from the mandate | A mandate limited to the tasks of Article 17(2), or a service to compile inputs for the manufacturer |
| "The supplier's declaration replaces the customer's EU declaration of conformity." | The manufacturer draws up the EU declaration under Article 15(2) and Article 39 | A supplier statement per component, filed in the manufacturer's documentation |
Where the supplier is the manufacturer, under Article 3(1)(13)(b) or Article 15(12), or because it decides on the specifications of unbranded packaging it sells, the obligations are its own anyway.
What Changes for Importers and Distributors?
Importers and distributors keep their own obligations whatever a supply contract says. Under Article 18(2)(a) of Regulation (EU) 2025/40, importers ensure that the manufacturer has carried out the conformity assessment and drawn up the technical documentation. Under Article 19(1), distributors act with due care.
A retailer that puts its own brand on packaging becomes the manufacturer under Article 21, whatever its supplier contract says; our guide to private label and the manufacturer role covers that case.
What Does the Referential Not Confirm?
Our dated PPWR referential (baseline reviewed 3 October 2026) confirms two statements here: Article 39(2) as quoted in the Key Facts and the scope of Article 2(1). Its claim check returned no match for the statements below, which are read on the linked Official Journal text, not recorded in our referential.
- Articles 3(1)(13), 3(1)(16) and 3(1)(19); Articles 15(1), 15(2), 15(3), 15(4), 15(8), 15(10) and 15(12); Articles 16, 17, 18(2)(a), 19(1), 21, 39(4) and 45(3); Annex VII, point 5; Annex VIII, point 3; recital 76.
- The difference of wording between Article 3(1)(13)(b), same Member State, and Article 15(12), located in the Union, is reported as read, not resolved.
- Every statement on the Commission guidance C/2026/3084, read on EUR-Lex on 8 October 2026; the guidance says it does not replace, add to or amend the provisions of the Regulation.
- Our readings: the two tables and the list of contract points. National contract law is not covered.
Frequently Asked Questions
Can the supplier draft the EU declaration of conformity for its customer?
A supplier can help draft it, but the customer that is the manufacturer draws it up and assumes responsibility for it under Article 39(4). The Commission guidance says the same, whoever drafted the declaration.
Does unbranded packaging make the supplier the manufacturer?
Not by itself. For packaging without a trade name or brand, the Commission guidance names as decisive who places the order and decides on the design specifications. Standard catalogue packaging and packaging made to a customer's specification can therefore end on different sides; Elipso draws the same line in its press release.
How PPWR Connect Helps
PPWR Connect is software: it is not an authorised representative, a notified body or a legal adviser, and it does not take over a manufacturer's obligations. A supplier PDF such as a test report, a certificate or a datasheet is read by the platform and filed as evidence against the SKU for the Declaration of Conformity. Each recorded value keeps where it came from: manual entry, import or supplier document. The supplier scorecard is included in the Professional and Enterprise plans. To see which supplier information your declarations rest on, start with our PPWR compliance software or the PPWR readiness assessment.
Published by
Rutherford (rutherford.fr) develops production control software for offset printers and converters, including ColorLoop. Veoria (veoria.com) develops inline colour measurement for label and packaging presses, including DeltaOne.