Who is responsible for declaring products packaged for distribution companies?
It is the distributing company’s responsibility to take part in the SIG as the owner of the distribution brand under which a product is marketed. However, if the packager is unequivocally identified with the words “Packaged by…” and its name, tax identification number, logo or barcode, then the packager is responsible for paying into the SIG, and not the owner of the distribution brand.
How is the information provided by a company on its packaging declaration confirmed to be true?
Companies required to audit their annual accounts must submit a report written by an auditor verifying that the declaration is correct. Those companies that are not required to have their accounts audited are subject to random audits by Ecoembes.
How do I report the PV cost on the invoice?
If the PV does not exceed 1% of the itemized cost of the items that make up the invoice, it can be included in the total, and if it does, it must be itemized.
What is SIG and NON-SIG packaging?
SIG packaging is that for which companies pay into the (Ecoembes) SIG, and non-SIG packaging is that which is not paid for through the SIG (commercial and industrial packaging voluntarily excluded from the SIG, reusable packaging and packaging placed on the market through a Deposit and Return System).
What is considered packaging?
Any product made with materials of any type that is used to contain, protect, handle, distribute and present goods, from raw materials to finished articles, in any phase of the manufacturing, distribution and consumption chain. For example, a box of cookies, a can of sardines, labels, stickers, vacuum-sealed cold cuts, a box of nougat, labels, stickers, single-use bags, lids, etc.
When is the deadline for filing the packaging declaration?
Packagers must send in their information to Ecoembes before 28 February of the following year. Ecoembes will, in turn, send it on to the autonomous communities. New member companies will have one month from the receipt of the signed contract to file their declarations.
Types of declarations
Primarily two: Ordinary Declaration (with the software provided by Ecoembes) and Simplified Declaration.
What is a Packaging Declaration?
It provides information on the product packaging put on the national market. It must be filed by each Ecoembes member company annually. This declaration includes a calculation of the financial contribution to be paid into the SIG, as determined on the packaged products marketed by the member company.
What are the financial penalties for not being an Ecoembes member company and violating the Packaging Law?
The financial penalties are specified in the Packaging Law. They are imposed by the government and can reach up to €600,000, depending on the nature of the infraction (minor, serious and very serious).
Retroactivity of the Law
The annual contribution to the costs of running the SIG is payable regardless of the date on which the member company joined the SIG, and is based on the amount of products marketed in the four calendar years prior to joining the SIG.
What are the advantages of being an Ecoembes member company?
Companies that form part of the SIG managed by Ecoembes are complying with their obligations under the Packaging Law and do not have to set up their own packaging recovery system. At Ecoembes we also handle certain obligations involving the information that has to be supplied to the Autonomous Communities.
What does membership consist of?
By signing a member contract, the company agrees to pay a certain amount for each packaged product that it markets in Spain, as determined by the Green Dot fees applicable to each type of material.
More information here.
What packaging is required to be in the SIG as per the Packaging Law? What is the difference between household, commercial and industrial packaging?
Packaging marketed that is likely to be purchased for consumption by individuals, as long as the responsibility for collecting the packaging waste generated lies with local agencies, is regarded as household packaging and must pay into the SIG.
In contrast, industrial or commercial packaging, that which is used and consumed exclusively in industry, businesses, farming or livestock operations and that is therefore not likely to be used and consumed in private households, is beyond the scope of the Law.
Obligations pursuant to the membership contract
- Singing of the contracts.
- One-time payment of membership fee.
- Annual payment for packaged products through Packaging Declaration.
- Delivery, if applicable, of the audit report (prepared by the company’s auditors and including a review of the Packaging Declaration filed).
Who is required to join Ecoembes?
The Packaging Law requires the packagers and sellers of packaged products to join. When these cannot be identified, those responsible for first bringing a packaged product to market must join.