YOUR RESPONSABILITY
What Extended Producer Responsibility (EPR)?
It is an environmental policy that requires companies placing packaging on the market to bear the cost and organization of the proper management of that waste. In Spain, it has been in effect for household packaging for over 25 years, and for commercial and industrial packaging, it starts on 1 January 2025.
Which packaging it affects
Packaging for products intended for use or consumption by individuals. It does not matter whether it is primary, secondary, or tertiary packaging, as long as it is packaging that can be purchased by the consumer in any sales mode.
Packaging that, while not household, is intended for use or consumption specific to commercial activities—both wholesale and retail—such as in restaurants, bars, offices, markets, or the rest of the service sector.
Packaging intended for use or consumption specific to the economic activities of industries, agricultural, livestock, forestry, or aquaculture operations. Packaging classified as commercial or household is excluded.
Companies affected by Extended Producer Responsibility (EPR)
It affects the companies that the regulation considers product producers:
Packers
Economic agents engaged in packaging products for market release.
Physical retailers
That supply or deliver service packaging to the end consumer or user. Service packaging is that which is filled at the point of sale to provide the product and/or enable its consumption (bags, plates, cups, etc.)
Online stores
Responsible for online or distance sales that add a package in order to ship the product.
Importers or intra-Community purchasers
Economic agents engaged in importing, or purchasing in other European Union member states, packaged products for sale in the Spanish market. If the producer introducing packaged products into the Spanish market is established in another country, it must designate an authorized representative in Spain, who assumes the responsibilities of the EPR and signs the contract with the PRO. If it does not designate an authorized representative in Spain, that responsibility falls to the first distributor or merchant of the packaged product based in Spain.
Are there special cases?
Private labels
When a packaged product under a private label does not identify the packaging company, the EPR falls to the private label based in Spain.
Packaging by commission
When a company markets a product packaged by a third party, the EPR falls to the company that commissioned the packaging and subsequent marketing.
E-commerce
When a packaged product is introduced to the Spanish market via e-commerce platforms from outside Spain, the EPR falls to the foreign producer through its authorized representative. If no authorized representative exists, responsibility shifts to the e-commerce platform.
Transport packaging
When a courier or an e-commerce platform adds transport packaging for online sales, EPR falls to it.
Service packaging
The merchant introducing the packaging to the market holds the obligation, but it can delegate the EPR to the manufacturer, intra-Community purchaser, or importer of its service packaging, provided a prior voluntary agreement is reached.
ROYAL DECREE 1055/2022
Packaging regulations in Spain
Currently, the applicable regulation for packaging in Spain is Royal Decree 1055/2022 on packaging and packaging waste, which incorporates European Directive 2018/852 on packaging and packaging waste into national law.
Ecoembes can help you understand the key points of Royal Decree 1055/2022 and how it impacts your company.
NEW REGULATION
Latest developments
The circularity of packaging is a priority, which is why European bodies are working on a new packaging regulation, now in its final stages, a draft of which is already available.
Ecoembes has prepared a guide to help you understand the main changes introduced by this regulation.
Transform your packaging into opportunities
Learn more about the current regulations and get answers to all your questions.
We help you process all your paperwork to meet your legal obligations, saving time and minimizing errors.
Find the answers you need to better understand how to achieve circularity with your packaging.