Special cases in the packaging declaration
Special cases in the packaging declaration
Information from packagers to the Autonomous Community
Article 17 of the Royal Decree establishes that packagers must notify the autonomous community in which they are domiciled:
The information regarding the weight
The information regarding the weight
The number of packaging units
The number of packaging units
The packaged goods placed in the market
The packaged goods placed in the market
Deadlines and conditions
This information must be sent before 31 March of the year following the annual period to which the data refer.
When the packaging has been placed in the market through an IMS, this information will be sent to the company responsible for its management before the 28 February, which, in turn, will report to the Autonomous Communities the grouped information the companies adhered have provided through their packaging declarations.
The companies that do not submit their declaration on the times set will be excluded from said report, which compiles all the information received and the list of companies who have contributed the declaration.
To facilitate compliance with the Law, Ecoembes offers free of charge to its adhered companies the chance of adding to the official reports data from packaging not adhered to the IMS.
This information may only be provided through the automated declaration and in no case will it mean it is mandatory to economically contribute for this packaging.
This formula, despite not being expressly included in the packaging legislation, is being accepted by the Autonomous Communities. However, companies may receive a request for such information from some Autonomous Communities.
Distribution brands
A distribution brand is any private label that is marketed exclusively in the establishments of the distribution chain of said brand, or chains associated with the group.
Article 2.t of Royal Decree 1055/2022 states that when packaged products placed on the market through distribution brands do not identify the producer of the product, the owner of the distribution brand based in Spain under which the product is marketed shall act as such.
Third-party orders
In accordance with Article 2.t of Royal Decree 1055/2022, in the case of products packaged on behalf of a third party that takes responsibility for placing them on the market, the latter shall act as the product producer.
Service packaging
According to article 2.e of Royal Decree 1055/2022, the owner of the business that supplies or delivers said packaging to the consumer or end user is considered the packer (and therefore the product producer). However, if a voluntary agreement is reached between the owners of the businesses and the manufacturers, importers or purchasers of this service packaging, the latter or the distribution companies of said service packaging will be the ones required to comply with the information and financial obligations.
Distance sales
In the case of packaging used in distance sales, Article 2.e of Royal Decree 1055/2022 states that the owner of the business responsible for the sale will be considered the packer (and therefore product producer) with respect to said packaging.
Imports
In accordance with Article 17.2 of Royal Decree 1055/2022, product producers that are established in another Member State or in third countries and that market products in Spain, must designate a natural or legal person in Spanish territory as an authorized representative for the purposes of fulfilling the obligations of the product producer.
If the producers of the product have not designated an authorized representative in Spain, the first distributor or marketer based in Spain of the packaged product will be subsidiarily responsible for the obligations established for the product producers.