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Who is affected?

Law 11/97 governing Packaging and Packaging Waste applies, amongst others, to the agents who participate in the distribution chain of the packaged products, amongst whom we find packagers, importers and retailers.

  • Packagers: those who are involved both in the packaging of products and in the importation from or acquisition in other European Union countries, of packaged products for their placement on the market. With regard to products placed on the market by means of store brands, and in the case of shopping bags delivered or acquired in businesses so that the consumer or final user can transport merchandise, ECOEMBES shall adhere to the provisions of the Regulations for the Development and Execution of Law 11/97.
  • Retailers and wholesalers or distributors of packaged products: these actors are responsible for the marketing of packaged goods, during all phases of product marketing.
  • And when the above cannot be identified, those responsible for first placing the packaged products on the market.

Principal legal obligations and how to fulfil them

1. These companies are responsible for the waste stemming from packaging intended for consumption by individuals or private households which they place on the national market Chapter IV of the Act establishes two alternative methods for fulfilling these obligations:

  • The establishment of a System of Deposit and Return (SDDR), which is difficult to introduce at the present time, or exemption from this obligation by
  • Joining an Integrated Management System (SIG) for packaging waste and used packaging such as the system managed by Ecoembes. Once the procedure for joining the SIG has been completed, the company shall contribute a specified amount (the Green Dot cost) for each domestic package it places on the national market, in order to finance the selective collection of packaging waste from Local Entities. For this purpose, the company shall present an Annual Packaging Declaration prior 28 February every year.

The packaging included in the Integrated Management System must be identified by means of a symbol, which must be identical throughout the territory in which the system is in force. In the case of the ECOEMBES SIG, this symbol is the Green Dot.

* Those packaged products which, notwithstanding the primary, secondary or tertiary nature of the packaging, are placed on the market and may be acquired for consumption by private parties, provided that the collection of the generated packaging waste corresponds to Local Entities.

2. The final possessor of the waste is responsible for the management of commercial and industrial packaging. The final possessor must deliver this packaging to an authorized waste manager. However, the party responsible for placement on the market may voluntarily include this packaging in the SIG. information 

3. Companies must inform the Comunidades Autónomas (regional government) about the packaging items placed on the market. Ecoembes facilitates the fulfilment of this legal requirement by its member companies.  + information

4. Member companies that must submit Prevention Plans (PEP) to the CCAA (Autonomous Communities) shall have the possibility to participate, at no additional cost, in the sectorial plans drawn up by Ecoembes. +information

For more information, our customer service number is: 902 28 10 28