Spain has replaced its previous packaging law, which stood for over 25 years, with Royal Decree 1055/2022. This legislation aligns Spain with current EU directives and affects any business placing packaged goods on the Spanish market. The registration deadline for household packaging producers was March 29, 2023, meaning any company not yet registered is already non-compliant. The law now extends to cover commercial and industrial packaging, with full enforcement of these obligations beginning January 1, 2025. Immediate action is required to address these regulations and mitigate significant business risks. These changes introduce a new level of scrutiny and complexity for all market participants. You must navigate complex EPR regulations to ensure continued market access.

The law defines ‘producer’ in broad terms, capturing nearly every entity in the supply chain. If your company ships products cross-border to Spain, you likely have compliance obligations. The primary responsibility falls to the first entity that introduces packaging into the Spanish market. This includes online retailers selling directly to Spanish consumers from Germany or elsewhere. A critical update is that foreign companies must appoint an Authorized Representative to manage these duties. The following business types are typically obligated:

• Manufacturers and producers based in any country selling into Spain.
• Importers and intra-community purchasers acquiring packaged goods for the Spanish market.
• Online merchants and e-commerce platforms shipping directly to end consumers in Spain.
• Distributors and retailers selling products under their own private label.
• Companies using transport packaging for delivery, which now also falls under the regulation.

This expanded scope ensures comprehensive coverage under the Extended Producer Responsibility for packaging framework.

Navigating the Spanish packaging and waste law requires a structured approach to meet all administrative and legal demands. Overlooking any of these 4 steps can result in failed registration or non-compliance. The process is particularly detailed for non-resident companies, which face additional hurdles. For instance, obtaining a Spanish tax ID number (NIF) is a mandatory prerequisite that can take several weeks. Here is the required process:

1. Obtain a Spanish Tax ID (NIF): Foreign companies must first secure a Spanish NIF number, as foreign VAT numbers are not accepted for registration in the producer registry.
2. Appoint an Authorized Representative (AR): Non-resident companies are legally required to appoint a Spain-based AR who assumes responsibility for all EPR obligations.
3. Register in the Producer Registry: The AR completes the registration in the official ‘Registro de Productores de Producto’ on your behalf, providing data on your company and packaging types.
4. Report and Pay Fees: You must submit annual declarations detailing the volume of packaging placed on the market and pay the corresponding eco-fees to a Producer Responsibility Organization (PRO).

A find authorized representative service simplifies this entire process.

A significant change introduced by Royal Decree 1055/2022 is the new set of labeling requirements for household packaging. Starting January 1, 2025, it will be mandatory to mark packaging with information on the correct disposal bin. This aims to improve waste sorting and increase recycling rates across Spain. The Green Dot symbol is no longer mandatory, marking a major shift from the previous 25-year-old system. Companies are also prohibited from using vague terms like ‘environmentally friendly’ on packaging. The new rules require clear symbols for different waste streams, ensuring consumers can easily identify where to dispose of each component. This change requires a full review of your current packaging designs to ensure they comply by the 2025 deadline. For more details on how WEEE is handled, see our post on RAEE importance in Spain.

Beyond EPR obligations, companies must also account for Spain’s plastic tax, which took effect on January 1, 2023. This tax applies to non-reusable plastic packaging at a rate of €0.45 per kilogram. This applies to manufacturers, importers, and any business making intra-community acquisitions of such packaging. This tax is separate from the eco-fees paid to a PRO for managing your packaging waste. Those EPR fees are calculated based on the weight and material of the packaging you place on the market. High minimum fees can make it costly to license even small quantities of packaging in Spain. Businesses that use glass packaging must also register with a separate disposal system, adding another layer of complexity and cost. Understanding these dual financial obligations is key to accurate budgeting and avoiding unexpected liabilities. You may also need to apply for your Spanish NIF to handle these tax matters correctly.

Ignoring the Spanish packaging and waste law exposes your business to severe financial and operational risks. Spanish authorities can impose fines of up to €600,000 for non-compliance with EPR requirements under Royal Decree 1055/2022. Some interpretations of the law suggest penalties could even reach €1,000,000 or more for serious infractions. Beyond fines, non-compliant companies can face suspension of business operations and a ban on selling their products in the Spanish market. Authorities are actively monitoring compliance through analysis of company records and tracking businesses that withdraw from PROs. The requirement for a public registration number makes it easy for authorities and even competitors to check your compliance status. The potential for such high penalties makes proactive compliance the only viable strategy. This is a key part of the new Packaging and Packaging Waste Regulation landscape in the EU.

The complexity of the Spanish regulations, from securing a NIF to appointing an AR and meeting reporting deadlines, demands expert handling. The EU directives are clear, and the time for voluntary action has passed; compliance is now mandatory. For any business that has not yet addressed these obligations, the risk of penalties is real and immediate. Deutsche Recycling offers a complete service to manage these challenges on your behalf, ensuring 100% legal conformity. We handle the entire process, allowing you to focus on your core business without the administrative burden. Do not wait for an enforcement notice to arrive. Contact Deutsche Recycling today to ensure you can continue to navigate the Spanish packaging and waste law successfully and without interruption. Our experts are ready to implement a fast and reliable compliance solution for your company.