Most asked
Who is the “manufacturer” under the regulation?
It is not whoever physically makes the packaging. Under Article 3.1.13.a, it is whoever has it designed or manufactured under their own name or trademark. A canned-food brand buying its jars from a third party is the manufacturer of that packaging for the purposes of the regulation, even without a single machine.
What counts as a micro-enterprise?
Under Recommendation 2003/361/EC: fewer than 10 people and annual turnover or balance sheet total not above 2 million euros. Note that associated and linked enterprises have to be added in: if a group holds 25 % or more of your capital, you can stop being a micro-enterprise even with four people.
If the packaging carries no brand of mine, am I off the hook?
Not necessarily. The Commission has clarified that where packaging carries no name or trademark, the decisive criterion is who places the order and decides the design specifications.
I am a distributor — does it affect me?
In principle your obligations are those of Article 19: checking that the declaration and the marking exist. But Article 21 says that if you market it under your own brand or modify it in a way that may affect its conformity, you become a manufacturer in full.
How much can I be fined?
As of today, in Spain, no amounts have been published. Article 68 leaves the penalty regime to each Member State, with a deadline of 12 February 2027. Be wary of anyone giving you a precise figure today. The real pressure is elsewhere: the one who will ask you for the declaration is your customer, because they need it for their own file.
This checker guides you from what you declare and cites the articles it relies on, so you can check them. It is not legal advice: PackConforme prepares documentation and is neither a law firm nor a certification body. In doubtful cases, check with your adviser.