Commercial packaging is that which is for use and consumption at stores or service providers, whenever it is to be acquired by consumption by the public.
According to the 1st Additional Stipulation of the Law, this packaging is exempt from complying with the obligations referred to in Chapter IV of Law 11/97, with the responsibility for the proper environmental handling of the packaging waste being transferred to its final owner.
In this case the packager must:
- Communicate this fact, expressly documented, in any purchasing transaction or transmission such that the final owner is well aware of his responsibility involving the proper environmental handling pursuant to Article 12.1 of the Law, which states: “the final owner of the packaging and packaging waste used must deliver it properly sorted by material type to an agent for its reuse, to an authorized recoverer or recycler”.
- Inform the Autonomous Communities where its products are marketed, from the time it is first brought to market until its final sale.
- Inform local governments of the total amount (weight in tons) of packaging and packaged products.
Inform the final owner
Notify Autonomous Communities
Inform Local Governments
The Autonomous Communities will establish the mechanisms for ensuring that packaging that falls under the first additional stipulation is, once the product it contained is consumed, recovered and handled pursuant to Article 12 of the Law.
As an alternative to these requirements, the packager may, when the responsibility for collecting this waste lies with local agencies, put the industrial or commercial packaging on the market voluntarily through a SIG, and thus:
Free itself from the obligation to explicitly inform the last owner of its responsibilities as they pertain to the packaging.
Free itself from the obligation to inform the relevant authorities of this packaging and its destination.
Exempt the last owner by transferring the responsibility for properly handling any waste generated to an Integrated Management System.