SUMMARY

On 23 April 2026, a presentation at the Chemical Watch Regulatory Summit addressed the interpretation of the “producer” concept and EPR obligations under the PPWR, with a focus on supply chain allocation of responsibility.

The presentation was shared with FESI; members can find the slides attached.

MORE INFORMATION

The presentation focused on three main aspects:

• Key definitions, in particular the allocation of responsibility for EPR fees under the PPWR. This included clarification of the concepts of “producer”, “end user”, “distributor”, and “packaging waste”, as well as operationally relevant notions such as “placing on the market” and “making available on the market”. Emphasis was placed on the functional role of these definitions in determining the single responsible producer per packaging unit.
• Supply chain analysis guidance, supported by practical case studies illustrating how liability is triggered in different commercial configurations. The examples distinguished between domestic and cross-border flows, including direct-to-consumer models, and clarified how EPR responsibility shifts depending on where and when the first making available on the EU market occurs.
• Common mistakes and "banana skins", including inconsistencies between physical and legal transfer of goods, risks of double counting in multi-tier distribution chains, and resulting reimbursement complexities. Additional attention was given to borderline cases such as VAT-registered entities without legal personality and their exclusion from producer status under current Commission guidance.

The presentation offers useful clarifications, and is another good resource to understand EPR implementation under the PPWR alongside the Commission's guidance document and FAQ.

NEXT STEPS

FESI will continue monitoring PPWR implementation, including the forthcoming EPR registration/reporting implementing act.

Attention will also be given to the Circular Economy Act (Q4 2026), in particular in regards to potential harmonisation of EPR schemes and End-of-Waste criteria.

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