SPECIFIC CASES
PACKAGING OF OWN-BRAND OR OWN-LABEL PRODUCTS IN THE DISTRIBUTION SECTOR
By law, companies that package products or have them packaged are responsible for managing the waste that these products' packaging will originate.
In this legal framework, a distributor who is responsible for placing on the market own-brand or own-label products and who owns this brand or label is responsible for signing a contract with SPV, with regard to management of the waste from this packaging.
However, if the distributor reaches an agreement with the supplier of the own-brand or own-label products and signs the addendum on own-brands or own-labels, he can transfer some of the obligations arising from the contract to this supplier, including the submission to SPV of annual statements of quantities of packaging placed on the market and payment of financial contributions to SPV.
In this legal framework, a distributor who is responsible for placing on the market own-brand or own-label products and who owns this brand or label is responsible for signing a contract with SPV, with regard to management of the waste from this packaging.
However, if the distributor reaches an agreement with the supplier of the own-brand or own-label products and signs the addendum on own-brands or own-labels, he can transfer some of the obligations arising from the contract to this supplier, including the submission to SPV of annual statements of quantities of packaging placed on the market and payment of financial contributions to SPV.
AUTHORIZED REPRESENTATIVE AGREEMENT FOR COMPANIES WITH REGISTERED OFFICE IN ANOTHER COUNTRY OF THE EUROPEAN UNION OR A THIRD COUNTRY
In accordance with article 20 of Decree-Law no. 152-D/2017, of December 11, in its current wording, determines that:
A product producer, packer or supplier of service packaging established in another Member State of the European Union or in a third country that sells products through distance communication techniques directly to end-users in Portugal must appoint an individual or legal person established in Portugal as its authorized representative, who is responsible for complying with obligations under the terms set out in the Decree-Law.
A product producer, packer or supplier of service packaging, in the case of the specific flow of packaging and packaging waste, which is established in another Member State of the European Union, may nominate an individual or legal person established in Portugal as its authorized representative, who is responsible for fulfilling obligations as a producer under the terms set out in the Decree-Law.
A product producer, packer or supplier of service packaging established in another Member State of the European Union or in a third country that sells products through distance communication techniques directly to end-users in Portugal must appoint an individual or legal person established in Portugal as its authorized representative, who is responsible for complying with obligations under the terms set out in the Decree-Law.A product producer, packer or supplier of service packaging, in the case of the specific flow of packaging and packaging waste, which is established in another Member State of the European Union, may nominate an individual or legal person established in Portugal as its authorized representative, who is responsible for fulfilling obligations as a producer under the terms set out in the Decree-Law. MEMBERSHIP OF COMPANIES IN GROUPS
If for any structural or organisational reason a group of companies decides that it is to their advantage to include packaging placed on the market of one (or more) other companies in the same group in the annual statement of one of the group's companies, this is possible on the following conditions:
The second company is a packer or importer of packaged products and is responsible for the first placing on the Portuguese market of packaged products and wishes to transfer to Sociedade Ponto Verde its responsibility for managing its packaging waste;
The company directly or indirectly licensed by SPV is its majority shareholder, has more than half of the votes and is able to appoint more than half of the members of the board and audit committee of the second company.
In order to formalise the situation, the company with an SPV licensee contract must sign an addendum to the contract called a ‘group addendum’. This addendum releases the company(ies) indicated in it from the obligation to sign a direct contract with SPV. The packaging placed on the Portuguese market by this/these company(ies) is included in the annual statement of the licensee. The licensee will also be liable for the payments to SPV of any financial contributions owed by the companies in the group relationship.
The second company is a packer or importer of packaged products and is responsible for the first placing on the Portuguese market of packaged products and wishes to transfer to Sociedade Ponto Verde its responsibility for managing its packaging waste;The company directly or indirectly licensed by SPV is its majority shareholder, has more than half of the votes and is able to appoint more than half of the members of the board and audit committee of the second company.In order to formalise the situation, the company with an SPV licensee contract must sign an addendum to the contract called a ‘group addendum’. This addendum releases the company(ies) indicated in it from the obligation to sign a direct contract with SPV. The packaging placed on the Portuguese market by this/these company(ies) is included in the annual statement of the licensee. The licensee will also be liable for the payments to SPV of any financial contributions owed by the companies in the group relationship.
