In Spain, extended producer responsibility (EPR) regulations apply to any company, including those selling products to private individuals or businesses within the EU. These regulations include obligations for packaging waste, particularly for companies placing packaged products on the Spanish market, whether they operate locally or from abroad without a Spanish branch or tax number.
Under the Real Decreto 1055/2022, all companies involved must ensure that packaging used for products sold in Spain is properly recycled or disposed of, and they must finance this process. Companies need to register in the national product manufacturer registry (RPP) and provide information on the types and quantities of packaging used. Additionally, periodic reporting is required based on the amount of packaging used.
This legislation also applies to businesses using platforms like Amazon to sell goods. It’s important to note that companies must comply with local packaging rules in each EU country where they sell goods, meaning packaging reporting and fees will vary by country.
For businesses exporting goods outside of the EU, such as to the UK, packaging reporting might still apply depending on local regulations.
Although Xolo does not currently assist with packaging reporting, companies and professionals are encouraged to use local providers specializing in these services.
Exemptions to EPR:
- Small Businesses: Producers or importers who place a limited volume of packaging on the market may be exempt from registration. Specifically, those whose annual turnover does not exceed €100.000 may qualify for this exemption.
- Non-consumer Packaging: If the packaging is used to contain products that are not sold directly to the end consumer (e.g., packaging used only in production or distribution), it may not be subject to EPR.
- Personal Use Products: Packaging used for products that are not marketed or are for personal use and not intended for sale in the market are not required to comply with EPR.
- Specific Exceptions: Certain types of packaging, such as those made from materials that do not generate waste, may have exemptions. However, it's essential to review the specific regulations for each case.
For further details, you can check the MITECO website or the Royal Decree 1055/2022.