Support in EPR duties in Spain: packaging registration and authorized representative

EPR obligations in Spain for all foreign companies

The Extended Producer Responsibility (EPR) regulations in Spain have been introduced by several legal acts: Act 7/2022 of 8 April 2022 and Royal Decrees 106/2008, 110/2015 and 1055/2022. According to these regulations, all companies that sell packaged products, electrical and electronic equipment, and batteries to Spain must fulfil a number of legal obligations.

The most important obligations of EPR in Spain include:

obtaining a tax identification number NIF (es. Número de Identificación Fiscal or NIF),
registration in the Register of Producers – Registro de Productores de Producto (Spanish equivalent of BDO) and obtaining an individual EPR number,
ensuring the management of waste from packaging, WEEE equipment and batteries placed on the Spanish market,
submitting annual reports on the types and quantities of products covered by the EPR regulations that the product producer has placed on the Spanish market,
licensing of packaging and WEEE equipment and batteries introduced.

Foreign companies cannot carry out any of these tasks themselves – EPR regulations oblige them to establish an authorised representative in Spain to take over all extended producer responsibility obligations.

Who is obliged to appoint an authorised representative in Spain?

The obligation to appoint an authorised representative for EPR rests with companies not established in Spain that introduce the following products onto the Spanish market:

electrical and electronic equipment (e.g. household appliances, audio and video equipment, consumer electronics, electronic toys),
batteries and accumulators (as well as devices containing batteries or accumulators),
products in packaging:
- domestic (unit packs in which the product is delivered to consumers),
- commercial (used for storage and packaging in retail and service outlets),
- industrial (collective packaging for industry).

The EPR regulations do not only apply to companies that sell the aforementioned products through traditional distribution channels (brick-and-mortar shops, wholesalers). They also apply to companies that offer their products through their own online shops or sales platforms, e.g. Amazon, Zalando or eBay.

Importantly, Spanish EPR regulations do not provide for quantitative exemptions, which means that even companies that sell only a few such packages or products to Spain must appoint an authorised representative. Signing a contract with an entity that will take over EPR obligations in Spain is therefore a necessary condition that must be met by all companies who introduce any packaged products, batteries and accumulators, and electrical and electronic equipment to the Spanish market.

Do you already have an authorised representative in Spain? Discover what Interzero has to offer!

At Interzero, we comprehensively support companies in fulfilling their obligations arising from extended producer responsibility (EPR). We offer the authorised representative service in Spain to all companies that place packaged products, electrical and electronic equipment, and batteries on the Spanish market.

As your authorised representative in Spain, we will take care of:

registration of your company in the Spanish Register of Producers,
joining the extended producer responsibility system (EPRS, SCRAP),
reporting on packaging, equipment and batteries introduced in each calendar year,
licensing packaging and equipment and simplifiying the payments of licence fees for your company bookkeeping
representing your company in terms of EPR obligations for the communications with the Spanish environmental authorities and offices.
organizing the recycling and waste management of packaging, equipment and batteries that you place on the Spanish market with our service providers

Learn about our services and choose Interzero as your authorised representative in Spain!

How do I make Interzero my company’s authorised representative in Spain?

When you choose Interzero, you can complete all the formalities quickly, conveniently and 100% online.

Create a free account for your company on the Interzero España website (it only takes 1 minute!).
Enter the number and type of packaging you will be sending and calculate the cost of the service.
Confirm your details and proceed to finalise the order.
Follow the further instructions that we will send you by email.

Once the formalities are completed, we will take care of registering your company and fulfilling the other obligations arising from the EPR in Spain.

FAQ

Find answers to the most frequently asked questions about authorised representatives and EPR regulations in Spain.

EPR Obligations – Interzero Authorized representative in Spain

Who is the authorised representative of a manufacturer in Spain?

An authorised representative in Spain is a representative of a company who takes over the responsibilities of a manufacturer according to Spanish EPR regulations. If your company is not based in Spain, you can only fulfil your EPR obligations through an authorised representative!

Who is the manufacturer according to the Spanish EPR regulations?

According to the Spanish EPR regulations, a producer is any company who manufactures, sells, packages, imports or makes intra-Community deliveries of packaged products, electrical and electronic equipment or batteries to the Spanish market, including all products sold through e-commerce.

This applies to both companies based in Spain and foreign companies (based in the EU or outside the EU).

According to the Spanish regulations on extended producer responsibility, the following are also considered packaging producers:

retailers, courier companies and online retailers that use shipping packaging to deliver the products they sell,
companies not established in Spain that use packaging to place products on the Spanish market,
e-commerce platforms that place products on the Spanish market in packaging from outside Spain,
companies that package products directly at the point of sale (e.g. takeaway food),
companies that repackage products for the Spanish market.

How do I know if I need an authorised representative in Spain?

If you place packaged products, electrical and electronic equipment or batteries on the Spanish market and are not based in Spain, you probably need to appoint an authorised representative for your company in Spain. The definition of a producer given above may help you to identify your obligations.

NOTE: Spanish EPR regulations do not provide for quantitative exemptions. EPR obligations must therefore be fulfilled by all Producers, regardless of the quantity of packaged products, equipment and batteries placed on the market.

Do you need more information about EPR obligations in Spain and other European countries?

All EU countries: Create a free Licenzero account and find out about your company’s obligations!

Since when is it mandatory to appoint an authorised representative in Spain?

The obligation to appoint an authorised representative in Spain came into force on 1 January 2023. From now on, all foreign companies placing packaged products, electrical and electronic equipment or batteries on the Spanish market must fulfil their obligations as an importer through an authorised representative.

Who can be an authorised representative for EPR in Spain?

An authorised representative for your company in Spain can be a natural or legal person or organisation that fulfils all of the following conditions:

has an address (registered office) in Spain, takes over and helps you to comply with your obligations of register one of the extended producer responsibility systems in Spain (SCRAP),
takes over and helps you to comply with your obligations of register register of producers (Registro de Productores de Producto).

Remember that your authorised representative will fulfil your obligations and represent you before the Spanish authorities and offices! Therefore, choose only experienced, reliable authorised representatives who can guarantee the highest quality of service!

When do I have to appoint an authorised representative in Spain?

You should appoint an authorised representative for your company before starting to sell packaged products, electrical equipment or batteries on the Spanish market. If you are currently selling these products to customers in Spain and are considered a manufacturer according to the Spanish EPR regulations, you must appoint an authorised representative as soon as possible!

What are the tasks of an authorised representative in Spain?

The authorised representative of your company in Spain takes over the responsibility for fulfilling the obligations arising from the Spanish regulations on extended producer responsibility. His tasks therefore include, among others:

registration of the company in the Register of Producers,
ongoing monitoring of the company’s compliance with the EPR regulations in Spain,
annual reporting of the types and quantities of packaging, equipment and batteries placed on the Spanish market,
organisation and coordination of activities related to the management of waste from the introduced packaging, equipment and batteries (usually limited to joining a collective extended producer responsibility system – EPR),
contact with local authorities and offices,
licensing of the imported packaging and equipment, including the transfer of the licence fee (calculated once the limits are exceeded) to the relevant authorities.

What about foreign companies that do not appoint an authorised representative in Spain?

Any company that fails to fulfil the obligation to appoint an authorised representative in Spain may be subject to:

financial penalties, the amount of which depends, among other things, on the number of containers, equipment and batteries introduced,
bans on the introduction of individual products onto the Spanish market.

Does Interzero also offer the authorised representative service in other countries?

Yes, we currently provide authorised representative services in all 27 EU member states, as well as in the UK, Norway and Switzerland. This allows companies that place packaging and products subject to EPR regulations on the market in several countries to establish an authorised representative quickly, conveniently and comprehensively in the various European markets.

Discover our authorisation services for small and large companies!

Interzero EPR Expert