Does your company sell products in Spain from Germany, France or another country? Before entering the Spanish market, you should check whether your business is subject to Extended Producer Responsibility (EPR), whether it must register in Spain and whether it needs to appoint an authorised representative.

These obligations may affect foreign companies selling packaged products in Spain, even if they do not have a Spanish subsidiary. The correct assessment depends on the product, the supply chain and the legal status of each operator.

DAUSS Abogados advises international companies on EPR compliance in Spain, packaging registration and the distinction between manufacturers and producers under the EU Packaging and Packaging Waste Regulation (PPWR).

1. Is EPR registration mandatory in Spain?

For packaging, the relevant national register is the Register of Product Producers (Registro de Productores de Productos – RPP), packaging section, managed by the Spanish Ministry for the Ecological Transition and the Demographic Challenge (MITECO).

Article 15 of Royal Decree 1055/2022 on packaging and packaging waste governs registration under the Spanish framework. Since 12 August 2026, the EU Packaging and Packaging Waste Regulation (EU) 2025/40 (PPWR) has also applied generally. Article 44 establishes the EU framework for producer registration.

A foreign company may be subject to these obligations even if it has no Spanish subsidiary. However, not every company selling products in Spain automatically qualifies as a producer required to register. Its status must be assessed under the applicable legislation.

Official source: MITECO – Register of Product Producers, packaging section.

2. Manufacturer vs producer under the PPWR: what is the difference?

One of the key compliance questions is the distinction between a manufacturer and a producer for EPR purposes. Article 3(1), points 13 and 15, of Regulation (EU) 2025/40 contains separate definitions.

• Manufacturer: broadly, a person or company that manufactures packaging or packaged products. The definition also covers certain cases where packaging or packaged products are designed or manufactured under the company’s own name or trademark.
• Producer for EPR purposes: an operator falling within the specific criteria laid down in the Regulation, taking into account factors such as its place of establishment and how and where packaging or packaged products are first made available.

Being a manufacturer under the PPWR does not automatically mean that a company is the producer required to register in Spain. Equally, being a manufacturer does not, in itself, exempt a company from EPR obligations.

DAUSS analyses each company’s status under the PPWR and the applicable EPR rules to identify who must register, in which Member State and which obligations apply to each operator.

Official source: Regulation (EU) 2025/40, Article 3 – EUR-Lex.

3. Which EPR obligations should foreign companies check?

Depending on the product and the circumstances, obligations may include:

• Registration: entry in the relevant register.
• Authorised representative: appointment where legally required.
• EPR scheme: participation in a collective compliance scheme or an individual system where permitted.
• Reporting: reporting the quantities of products or packaging placed on the Spanish market to MITECO and the collective extended producer responsibility scheme (SCRAP) to which the company belongs.
• Waste management costs: compliance with applicable financing and waste management obligations.

Registration does not automatically discharge the other obligations. Nor should a company assume that an EPR registration in another EU Member State replaces any registration required in Spain.

Selling through Amazon or another online marketplace does not automatically remove EPR obligations. The legal status of the producer and the responsibilities of the seller, importer, distributor and other operators must be assessed.

4. Authorised representatives: potential legislative changes on 19 October 2026

On 10 December 2025, the European Commission presented two legislative proposals as part of the Environmental Omnibus package:

• COM(2025) 982: a proposal concerning certain authorised representative appointment requirements for batteries and packaging.
• COM(2025) 983: a proposal concerning certain authorised representative appointment requirements under waste, waste electrical and electronic equipment (WEEE), and single-use plastics legislation.

Official information is available on the European Commission’s page on simplifying environmental requirements.

Both proposals aim to reduce the administrative burden arising from extended producer responsibility (EPR). In the procedure concerning COM(2025) 983, 19 October 2026 is listed as the indicative date for consideration in plenary by the European Parliament.

The Commission proposes suspending the obligation to appoint authorised representatives until 2035 for producers established in the EU. By contrast, the European Parliament’s Committee on the Environment proposes limiting the suspension to EU-based micro and small enterprises with fewer than 50 employees and an annual turnover or balance sheet total not exceeding EUR 10 million. Companies established outside the EU would remain subject to this obligation.

However, 19 October is not an entry-into-force date, nor does it mean that the obligation to appoint authorised representatives will cease to apply. The proposals do not remove other EPR obligations, such as registration, reporting quantities placed on the market, and financing waste management.

Therefore, companies should continue to comply with the legislation currently in force until any amendments are adopted and entered into force.

Official sources:

• Legislative file 2025/0396(COD) – European Parliament.
• European Commission – Proposal COM(2025) 982.

5. EPR for packaging, WEEE and batteries

Requirements differ by product category. Companies selling several types of products should assess the relevant registration and compliance obligations separately.

• Packaging: Regulation (EU) 2025/40 and Spanish Royal Decree 1055/2022.
• Waste electrical and electronic equipment (WEEE): Directive 2012/19/EU.
• Batteries: Regulation (EU) 2023/1542.

Compliance with packaging requirements does not, by itself, establish compliance with WEEE or battery obligations.

6. EPR compliance advice in Spain for international companies

DAUSS Abogados advises foreign companies entering the Spanish market on identifying and meeting their environmental and regulatory obligations.

Our services include:

• Assessing manufacturer and producer status under the PPWR.
• Reviewing registration requirements under the Spanish Register of Product Producers.
• Assisting with registration and updates.
• Assessing whether an authorised representative must be appointed in Spain.
• Reviewing packaging, WEEE and battery obligations.
• Monitoring relevant EU legislative developments affecting EPR compliance.

Planning to sell products in Spain? Contact DAUSS to assess who must register, which EPR obligations apply and what steps your company should take before placing products on the Spanish market.

This article provides general legal information. Specific obligations must be assessed in light of the product, the business structure and the legislation applicable at the relevant time.