Amazon Spain EPR Compliance

Recently, many sellers received emails from Amazon regarding compliance with the Spanish packaging law (EPR) for sellers on Amazon Spain. Sellers without an EPR registration number will have their fees withheld and remitted by Amazon.

According to the EU Packaging Waste Directive, each member state enforces its own packaging recycling laws. Currently, Amazon requires mandatory EPR registration for Germany and France. Now, Spanish EPR compliance has also become mandatory on Amazon. Failure to submit the Spanish EPR UIN will result in forced withholding until the UIN is provided.

Requirements for Spanish Packaging Law Registration

Sellers registering under the Spanish packaging law must have a Spanish NIF tax number. According to Spain’s latest royal decree, registration for the Spanish packaging law must be done officially with the Ministry of Ecological Transition, requiring the seller's NIF tax number. The NIF is a local tax number included in the Spanish VAT.

Products Subject to Packaging Law Registration

Any product entering Spain must comply with the Spanish packaging law, as nearly all products come with some form of packaging.

What Does the Spanish Packaging Law Require?

The Spanish packaging law shares similarities with those in Germany and France, mandating compliance for all goods sold in Spain. Under this regulation, sellers assume responsibility for packaging recycling from the very first product sold in Spain.

Key Differences

1. Higher Recycling Fees in Spain:

 - Recycling fees are more expensive in Spain, with a minimum annual fee of €600, regardless of whether the packaging waste is 1 kg or 1 ton.

2. Specific Recycling Programs for Certain Products:

 - Sellers of glass-bottled products packaged in cardboard boxes and sold via online channels must participate in specific recycling schemes to comply with the Spanish packaging law. Sellers of beauty products, alcoholic beverages, and similar items should pay special attention.

Additionally, Spain requires an annual report under the packaging law. The reporting deadline is March 30 of the following year, though specific dates may vary depending on notifications from recycling organizations.

Who Is Considered a Producer?

Generally, a "producer" refers to a company that introduces a product to the market for the first time. This does not necessarily mean the manufacturer. For packaging, producers are responsible for primary packaging and any secondary packaging (e.g., delivery packaging) they add. For example, if you ship products to private households in packaging, you are considered a producer.

Where Should I Register?

Companies placing packaging on the Spanish market (and therefore considered producers) are responsible for two registrations:

1. Register with a Producer Responsibility Organization (PRO) through the public manufacturer registration system: Registro de Productores de Producto.

2. Foreign Companies Must Appoint an Authorized Representative: Companies outside Spain must designate an authorized representative for registration.

After registration, each company receives a unique EPR registration number. EPR numbers always begin with the letters ENV, followed by the four-digit year of registration and a nine-character identifier.

Example: ENV/Year/XXXXXXXXX

Steps for Companies Outside Spain

1. Register with a Producer Responsibility Organization (PRO) within Spain’s Extended Producer Responsibility (EPR) system. Currently, Ecoembes is operational, with Procircular to be launched soon.

2. If you do not have a Spanish VAT, apply for a digital NIF to obtain a Spanish VAT number in digital form.

3. Appoint an authorized representative to fulfill your EPR obligations in Spain and obtain an EPR registration number.

4. Ensure your authorized representative registers you in the new Product Manufacturer Registry and reports the packaging volumes placed on the market for 2021 and 2022.

5. Submit your EPR registration number to Amazon.

Important Note

Spanish EPR registration requires:

- A Spanish local VAT number

- Electronic signature and Hague Apostille certification.