A manufacturer supplies unpackaged products and packaging materials to a contract packager who performs the packaging on behalf of the manufacturer. The label displays the nominal quantity, the e-mark, and the name of the manufacturer.

According to the European Directive, it is the packager who is responsible for ensuring that the e-prepackages comply with the requirements of that Directive (paragraph 1, article 4, Annex I). A packager is defined as the one who fills e-prepackages in the course of a business established in the Netherlands (article 1.1, Warenwetbesluit). Furthermore, article 5.1 of that Decree states that the packager must have an approved e-mark system.

Since the name of the manufacturer appears on the label, they are considered a “company having the filling carried out” (article 3.2 of Annex I of the European Directive). These companies are only mentioned in the section on identification and do not have any further responsibilities regarding the compliance of the e-prepackages with the requirements.