EU PPWR FAQs Updated August 2026 - Flipbook - Page 16
Making available on the market
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Why does the wording 8making available on the market9 sometimes refer to
the Union market and other times to the territory of a Member State?
The definitions 8making available on the market9 (Article 3(1), point (9)) and 8placing on the
market9 (Article 3(1), point (10)) refer to the Union market. These definitions apply throughout the
PPWR reflecting the harmonisation of requirements that apply directly to economic operators.
However, in the provisions on waste management, such as waste reduction and recycling targets,
separate collection and extended producer responsibility, the requirements are mainly addressed to
Member States.
To reflect the territorial scope of the above-mentioned requirements, the Regulation uses the term
8making available on the territory of a Member State9 (Article 3(1), point (11)). The definition has
the same meaning as the definition of 8making available on the market9, the only difference being
that it circumscribes the actions to the territory of a Member State instead of the Union market.
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How can producers know if a packaged product is made available to an end
user or whether it is made further available?
A product is considered to have been made available on the market when it is supplied for
distribution, consumption, or use in the course of a commercial activity. An end user, whether a
consumer or a professional end user, is a person or entity to whom a product is made available and
who does not make that product further available on the market in the form in which it was
supplied.
The determining factor is therefore not the legal status of the recipient, but how the product is
used. A professional end user is considered as an end user where it uses the product on its own
operations or production process and does not resell or otherwise place the product back on the
market in the same form.
A producer of a packaged product should be able to determine, based on the nature of the packaging
and the chosen marketing and distribution channels, whether the intended recipient is an end user
(consumer or professional), or a commercial buyer who will resell the packaged product in another
Member State.
It should be noted that logistics companies that receive packaged goods, such as imported products
from third countries, and perform handling activities (e.g., unpacking, repacking, or dividing
products into smaller quantities) are not considered end users.
Placing on the market
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Is packaging used to ship product parts between manufacturing sites, for
finalisation or assembly, considered placed on the market and therefore subject to
PPWR rules? NEW!
Article 3(10) of the PPWR sets out that 8placing on the market9 occurs at the 8first making available
of packaging, whether empty or with a product, on the Union market9. Article 3(9) of the PPWR
defines 8making available on the market9 as 8any 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 charge9.
Packaging must comply with the PPWR rules when it is placed on the market. If a packaging has
not yet been placed on the market, for example if it has been produced by the company who is also
responsible for the product parts, and has not formed part of any commercial transaction, it will not
be subject to PPWR rules.
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