Extended Producer Responsibility (EPR) Compliance Guide for E-commerce in Spain
In the framework of Spain’s EPR regulations, producers are held accountable for the environmental impacts of their products, from production to post-consumer waste. This comprehensive guide aims to support e-commerce sellers within the European marketplace regarding their EPR compliance in Spain.
Key Actors and Definitions
Who is a Producer?
In the Spanish EPR context, a producer includes any entity that manufactures, imports, or sells products under its own brand in Spain. This also extends to those importing products into Spain from outside the European Union.
Producer Responsibility Organizations (PROs)
Spain has designated PROs as the organizations responsible for managing waste collection and treatment in line with EPR obligations. They are nonprofit entities authorized by regional and national authorities. They are legally obliged to report the recycling numbers to the Spanish government.
Authorized Representative for Compliance
For companies based outside of Spain that engage in the sale of batteries or accumulators within Spanish territory, adherence to EPR regulations necessitates the appointment of an authorized representative. This individual or entity is tasked with managing the company’s obligations and interactions with governmental authorities regarding EPR compliance.
Steps for EPR Compliance in Spain
To comply with the Spanish EPR regulations, producers should initially identify which product categories are applicable to the items they sell. Following this, the next step is to register with the relevant PRO for each category. After registration, producers must report the quantities of products placed on the market and pay fees as determined by the PRO.
Key Steps for EPR Compliance
- Register with a Producer Responsibility Organization (PRO) for each relevant product category, EPR registration is required. You’ll need a unique registration number for each category, and thus register with the relevant, multiple individual systems.
- Fulfill annual reporting requirements and pay necessary fees to maintain the validity of the UIN.
Registration and Declaration Process
Who Needs to Register for EPR in Spain?
An EPR registration number in Spain is required for companies that manufacture, import, or sell under their brand within the country, including foreign companies and those importing from outside the EU.
What is the Threshold for EPR Registration?
There is no threshold for EPR registration in Spain, meaning that every producer in Spain must register (for the right categories). This means that in any case, you need a packaging registration.
Where to Register?
EPR registration takes place through local authorities to acquire a producer number and joining relevant PROs for each product category.
EPR Product Categories and Relevant PROs
Here’s an overview of Spain’s EPR categories and their relevant PROs.
Overview of Spain’s EPR Categories & PRO’s
Product Category | PRO(s) |
---|---|
Packaging | Ecoembes (household and commercial), Ecovidrio (glass) |
Electrical and Electronic Equipment (EEE) | Recyclia (Ecoasimelec, Ecofimática, Tragamóvil), Ecotic |
Batteries and Accumulators | Ecopilas, Ecolec |
Commercial Paper and Cardboard | Aspapel |
Chemicals and Pesticides | Specific PROs or recycling systems |
Furniture and Textiles | Upcoming regulations may specify PROs |
The Registration Process
The registration process involves identifying applicable categories, gathering necessary documentation, submitting registrations with regional waste authorities and chosen PROs, and obtaining a producer number.
The Declaration Process
Producers must declare annually the quantities of their products on the market and the waste management measures they have taken. This process is completed with financial obligations of paying fees based on reported quantities and set rates by PROs.
How to Maintain Compliant with the EPR Rules?
Compliance is maintained through accurate record-keeping of sales and waste management, regular updates to declarations due to product or volume changes, and staying informed on legislative updates.
Labeling Requirements
Products and packaging must reflect labeling that indicates their recyclability or provides disposal instructions, complying with consumer information obligations under EPR. For products sold in Spain, this means that a Green Dot on all packaging is required.
What If You Don’t Comply With the EPR Regulations?
Registration and declaration are mandatory legal requirements that reflect the producer’s contribution to environmental sustainability.
Failure to comply with EPR regulations can incur a range of penalties. Below you find an overview of the penalties for non-compliance to EPR regulations in Spain. It’s important to mention that there is no maximum amount for fines: so make sure you’re always compliant to avoid unpleasant surprises. Not sure if you’re 100% compliant? Give us a call.
Overview of Potential Penalties
Non-compliance Aspect | Potential Penalties |
---|---|
Failure to Register with Relevant PRO | Fines and sanctions |
Inaccurate or Late Reporting | Financial penalties |
Non-payment of Fees | Legal actions and fines |
Improper Labeling | Fines and corrective actions |
Lack of Waste Management Plan | Severe financial penalties and prosecution |