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  Obligations 
Obligations
  Relació d'obligacions

Current legislation on packaging and packaging waste contemplates the obligations to be fulfilled by all the agents involved in the life cycle of packaging.
 
In the final instance, these obligations must enable compliance with the Royal Decree 252/2006, of 3rd March, revising the recovery, recycling and reduction objectives established in Law 11/1997, of 24th April, on packaging and packaging waste.

Obligations of the packaging manufacturer

 

Article 13 of Law 11/1997 limits the heavy metal content of packaging placed on the market. This, the sum of the maximum levels of lead cadmium, mercury and hexavalent chrome present in packaging and its components may not exceed 100 ppm by weight.

Obligations of the packager

 

The packager must take responsibility for the correct management of the waste generated by the packaging of products for home consumption that he has placed on the market. Management may be by means of two systems contemplated by the law:

Integrated Management System (IMS)
Deposit and Return system (DRS)

In regard to industrial and commercial packaging, it is the responsibility of the final holder of he waste or used packaging, and only voluntarily shall the packager assume this responsibility through the DRS or IMS. When a system other than an IMS is chosen (that is, DRS or Additional Provision One), all the autonomous communities in which the product is marketed must be notified of the option chosen by the company.

A further obligation of the packager to provide information the amount of packaging and product placed on the market throughout the year (this shall be done via the annual packaging declaration). The information must be supplied to the integrated management system with which the product marketed has been registered. Packagers who have chosen the deposit and return system should contact the government of the autonomous community in which they operate (no later than 31st March each year) or to avail themselves of Additional Provision One (industrial and commercial packaging).

Finally, the packager must attempt reduce the amount of packaging waste generated by the products he markets. To do this, the law establishes that the companies marketing the most packaging should draw up a business prevention plan (PEP).

Obligations of the final holder of packaging and packaging waste

 

In the case of industrial and commercial packaging, the final holder is responsible for ensuring its correct management, delivering it properly separated by material to the economic agents authorised to undertake its reuse, recycling or recovery. The agent must also inform the government of the autonomous community in which they operate (no later than 31st March each year) of the amount of waste packaging generated and what treatment it has received.

Obligations of the recoverer/recycler of used packaging and packaging waste

 

The economic agents involved directly in the management of packaging waste and used packaging (reusers, recyclers and recoverers) must inform the government of the autonomous community in which they operate (no later than 31st March each year) of the amount of waste treated, specifying the final destination of such waste (reuse, recycling, recovery or disposal).

Date of publication: 18/11/03 Update: 22/01/08
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