According to Art. 2.12 of the Packaging Law, EU importers or purchasers are also regarded as packagers, and thus it is these companies that bear the legal responsibility for declaring and paying for the packaging of any products they market domestically.
Packaging that is marketed that originates from imports or is purchased in other European Union member States must be declared using the same criteria as other packaging.
Exception: voluntary agreements with foreign suppliers
As an exception, Ecoembes allows foreign suppliers to join the SIG and voluntarily accept responsibility for the declaration and paying the Green Dot fee instead of their clients for the sole purpose of not having their products, which are often distributed by small and medium importers, marketed in Spain in violation of the packaging law.
In these cases Ecoembes reserves the right to ask foreign companies for any information it may need to verify the data provided by the importers.
However, when the brand under which the imported products are marketed belongs to a Spanish company (as is the case with private label products), the reason for allowing the foreign company to pay the Green Dot fee no longer applies, in which case said responsibility shall necessarily lie with the Spanish owner of the brand, regardless of whether or not the foreign supplier is identified on the packaging.
To avoid confusion, it is recommended that a very clear policy be agreed to with each foreign supplier regarding who is responsible for the packaging declaration and the associated payment. This will avoid both non-payments and dual payments into the SIG for the packaging in question.