Duties and Documentation

1. Definitions and general principles

1.Regulation (EU) 2025/40 of the European Parliament and of the Council on packaging and packaging waste, hereinafter referred to as the “PPWR”, may apply to the packaging and packaging materials covered by the sale.

2.For the purposes of these General Terms and Conditions of Sale:

a)a “PPWR Manufacturer” means the entity referred to in Article 3(1), point 13, of the PPWR, responsible in particular for the conformity assessment of the packaging, the technical documentation and the EU declaration of conformity;

b)a “PPWR Supplier” means an entity supplying packaging or packaging material to the PPWR Manufacturer;

c)an “EPR Producer” means the entity referred to in Article 3(1), point 15, of the PPWR, responsible for extended producer responsibility obligations in a given Member State.

3.The roles of the parties are determined separately for each item of packaging or group of packaging, on the basis of the PPWR and the actual circumstances of the relevant order. These General Terms and Conditions of Sale neither alter nor transfer the roles assigned directly to the parties by law.

2. Determining the role of the PPWR Manufacturer

1.When determining the role of the PPWR Manufacturer, the following factors are taken into account in particular:

a)the type and function of the packaging;

b)the entity placing the order and deciding on the design specification;

c)the name, brand or trademark appearing on the packaging or on the product contained in the packaging;

d)the entity carrying out the filling, closing, assembly or other final stages of preparing the product in the packaging;

e)the Buyer’s status as a micro-enterprise;

f)the Member State in which the parties are established.

2.In the case of sales packaging and grouped packaging intended for the Buyer’s products, in particular packaging bearing the Buyer’s name or trademark or manufactured according to a design specification determined by the Buyer, the Buyer is, as a rule, the PPWR Manufacturer, subject to the statutory exception for micro-enterprises.

3.In the case of transport packaging, service packaging in its final form and primary production packaging, the PPWR Manufacturer is, as a rule, the entity that physically manufactures the packaging, unless the packaging bears the name or trademark of its user or the circumstances of the order show that another entity commissioned the packaging and decided on the design specification.

4.In the case of unmarked packaging manufactured according to the Buyer’s individual requirements, the role of the PPWR Manufacturer will be assessed on a case-by-case basis.

3. Information provided by the Buyer

1.Before the order is accepted, the Buyer is required to provide KARTON-PAK with true and complete information necessary to determine the roles and PPWR requirements, in particular:

a)the intended use of the packaging;

b)its classification as sales, grouped, transport, e-commerce, service or other packaging;

c)whether the packaging or the product will bear the name or trademark of the Buyer or of a third party;

d)who determines the construction, dimensions, material and other design parameters;

e)who will fill, close or modify the packaging;

f)whether the packaging is intended for contact with food or another sensitive product;

g)the Buyer’s micro-enterprise status;

h)the countries in which the packaging or the packaged product will be placed on the market.

2.KARTON-PAK may suspend the preparation of PPWR documentation until it receives the information required to classify the packaging correctly.

4. Obligations of the parties

1.Where KARTON-PAK acts as a PPWR Supplier, it provides the Buyer with the information and documentation necessary to demonstrate the conformity of the packaging or packaging material, to the extent arising from Article 16 of the PPWR and the agreed specification.

2.Where the Buyer is the PPWR Manufacturer, the Buyer is responsible for carrying out the conformity assessment, preparing and retaining the technical documentation, drawing up the EU declaration of conformity, identifying the packaging and providing the details of the PPWR Manufacturer.

3.Where KARTON-PAK is the PPWR Manufacturer, KARTON-PAK performs the obligations specified in paragraph 2, and the Buyer is required to provide information concerning the intended use of the packaging.

4.KARTON-PAK issues an EU declaration of conformity only where KARTON-PAK is the PPWR Manufacturer of the packaging concerned, unless the parties separately agree in writing that specified activities will be performed in the capacity of an authorised representative.

5. Scope of the documentation

1.The documentation provided by KARTON-PAK relates exclusively to:

a)the packaging or packaging material specified in the order;

b)the agreed construction and material composition;

c)the materials, inks, varnishes, adhesives, coatings and components used by KARTON-PAK.

2.The documentation does not cover the effects of subsequent filling, closing, labelling, laminating, coating, combination with other elements or other modifications carried out by the Buyer or third parties.

3.A change in construction, material, printing, coating, intended use or method of use may require a new conformity assessment and an update of the documentation.

6. EPR obligations

1.The role of the PPWR Manufacturer and the role of the EPR Producer are determined separately.

2.Each party performs the EPR obligations assigned to it under the law of the relevant Member State.

3.Unless otherwise agreed by the parties in writing, KARTON-PAK does not assume the registration, reporting or financial EPR obligations assigned to the Buyer.

7. Responsibility for information provided

1.The Buyer is responsible for the truthfulness and completeness of the information provided for the purpose of classifying the packaging and preparing the PPWR documentation.

2.The Buyer is required to inform KARTON-PAK immediately of any changes that may affect the conformity of the packaging or the classification of the parties’ roles.

3.The Buyer bears the costs of updating the documentation, carrying out a new assessment, making production changes or taking corrective action resulting from false, incomplete or changed information provided by the Buyer, unless the cause lies with KARTON-PAK.

4.Documents provided by KARTON-PAK may not be used as the basis for a declaration, certificate or environmental claim extending beyond the scope expressly confirmed in those documents.

“PPWR – responsibility for packaging and documentation”Case	Role of KARTON-PAK	Role of the customer
Corrugated board sheets or a semi-finished product for further processing	Material supplier	Manufacturer after producing the packaging
Sales or grouped packaging under the customer’s brand	Supplier	Usually the manufacturer
Standard unmarked transport box	Usually the manufacturer	User; EPR determined separately
Transport box bearing the customer’s name or logo	Supplier	Usually the manufacturer
Unmarked box made according to the customer’s individual design	Supplier	Manufacturer
Packaging under the brand of a Polish micro-enterprise	Usually the manufacturer on the basis of the exception	Provides information on the intended use
Packaging under the brand of a micro-enterprise	Supplier	Manufacturer – same-country condition not met