Every foreign company that is a member of Ecoembes must declare the packaging of the products it sells directly to consumers in Spain (long-distance sales/e-commerce).
If the company is based in Europe, it may declare voluntarily:
The packaging for the products it sells to Spanish distributors, except for distribution brands and any other brands that are owned by or licensed to Spanish clients, which must be declared by the latter.
If the domestic client declares the products directly to Ecoembes, the European supplier need not declare these amounts.
The figures for all these clients must be grouped in a single Declaration.
Annex to the declaration for foreign companies
The legal responsibility for declaring packaging lies with the Spanish importers. Exceptionally, if an importer agrees with its foreign supplier that the latter will declare the packaging, it must inform Ecoembes of this.
To do so, the foreign supplier that is a member of Ecoembes must fill out every year this Annex for Foreign Companies included in the Annual Packaging Declaration, in which must to identify their Spanish customers and the brands which declares on their behalf.
The foreign company must not request membership in Ecoembes
When there are subsidiaries or entities of its same group in Spain that are regarded as packagers for the purposes of the Packaging Law: in other words, when these subsidiaries sell the products supplied by the foreign company. In this case, it is the Spanish subsidiary that must become an Ecoembes member.
When the packaging for the products of the distribution brand or of any other brand belongs to its Spanish clients, in which case said responsibility necessarily lies with the Spanish client.