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Frequently Asked Questions
Who must register in the Register of Producers?
All economic operators, including:
• Manufacturers and importers, or purchasers in other European Union Member States, of raw materials for the manufacture of packaging.
• Packaging manufacturers, processing companies, and packaging retailers or distributors.
• Packagers, importers or purchasers in other European Union Member States of packaged products, and traders or distributors of packaged products.
• Packaging waste managers.
• Consumers and users.
• The public administrations referred to in Article 2.3 of Law 40/2015 of 1 October on the Legal Regime of the Public Sector.
• Manufacturers and importers, or purchasers in other European Union Member States, of raw materials for the manufacture of packaging.
• Packaging manufacturers, processing companies, and packaging retailers or distributors.
• Packagers, importers or purchasers in other European Union Member States of packaged products, and traders or distributors of packaged products.
• Packaging waste managers.
• Consumers and users.
• The public administrations referred to in Article 2.3 of Law 40/2015 of 1 October on the Legal Regime of the Public Sector.
Who is the product manufacturer?
Packagers or economic agents engaged in the import or acquisition in other European Union Member States of packaged products for placing on the market.
When the producer of the product is not identified on packaged products placed on the market under distribution brands, the owner of the distribution brand based in Spain under which the product is marketed shall act as the producer.
Similarly, in the case of products packaged on behalf of a third party acting as the entity responsible for placing them on the market, the latter shall act as the producer.
When the producer of the product is not identified on packaged products placed on the market under distribution brands, the owner of the distribution brand based in Spain under which the product is marketed shall act as the producer.
Similarly, in the case of products packaged on behalf of a third party acting as the entity responsible for placing them on the market, the latter shall act as the producer.
How to register an EU or third-country company?
In cases where product manufacturers have their registered office in another EU Member State or in a third country outside the EU, these legal entities must take the following steps:
1. Obtain a Spanish Tax Identification Number (NIF).
In the case of foreign legal entities, this NIF begins with the letter N and must be requested from the State Tax Administration Agency (AEAT) through a representative with a Spanish NIF or NIE. For more information, search for ‘Identification of non-established entrepreneurs’ on the AEAT website.
2. Obtain a digital certificate with the NIF obtained in the previous step.
The digital certificate for legal entities (representative certificate) can be obtained through the National Mint.
1. Obtain a Spanish Tax Identification Number (NIF).
In the case of foreign legal entities, this NIF begins with the letter N and must be requested from the State Tax Administration Agency (AEAT) through a representative with a Spanish NIF or NIE. For more information, search for ‘Identification of non-established entrepreneurs’ on the AEAT website.
2. Obtain a digital certificate with the NIF obtained in the previous step.
The digital certificate for legal entities (representative certificate) can be obtained through the National Mint.
What about e-commerce platforms?
When packaged products from outside Spain are placed on the market through e-commerce platforms and the producer has not designated an authorised representative in accordance with the provisions of Article 17.2, the platform shall act, subsidiarily, as the producer of the product for the purposes of the financial and information obligations, as well as organisational obligations where applicable, regulated in this royal decree, with respect to those packages.
Do non-Spanish producers have to appoint an authorised representative?
Yes. Producers of products who are established in another Member State or in third countries and who market products in Spain must appoint a natural or legal person in Spanish territory as an authorised representative for the purposes of complying with the obligations of the product producer.
For the purposes of monitoring and verifying compliance with the obligations of the product manufacturer in relation to extended producer responsibility, natural or legal persons designated as authorised representatives must have documentation proving their representation.
In the event that product producers have not appointed an authorised representative in Spain, the first distributor or trader of the packaged product based in Spain shall be, subsidiarily, the party responsible for the obligations established for product producers.
For the purposes of monitoring and verifying compliance with the obligations of the product manufacturer in relation to extended producer responsibility, natural or legal persons designated as authorised representatives must have documentation proving their representation.
In the event that product producers have not appointed an authorised representative in Spain, the first distributor or trader of the packaged product based in Spain shall be, subsidiarily, the party responsible for the obligations established for product producers.
How do you register with the Product Manufacturers Register?
Registration with the Product Manufacturers Register (packaging section) is done electronically on the MITERD website.
SUN REPACK will carry out the procedure after obtaining the necessary authorisations to do so on behalf of the company.
SUN REPACK will carry out the procedure after obtaining the necessary authorisations to do so on behalf of the company.
How to report declarations?
SUN REPACK will explain how to make declarations according to the needs of each company.
What is SCRAP for packaging?
The acronym SCRAP stands for ‘Collective Extended Producer Responsibility System.’ This system is a strategy that seeks to promote producer responsibility in the management of waste generated by their products, including packaging.
SCRAP is based on the principle that producers must take responsibility for the waste they generate, from production to final disposal. This means that producers must establish mechanisms for the collection, recycling and proper management of packaging once consumers discard it.
Within SCRAP, producers or manufacturers must implement selective packaging collection systems, either through their own programmes or in collaboration with specialised entities. In addition, they must ensure that the packaging collected is properly managed, either through recycling, reuse or other processes that minimise its environmental impact.
The main objective of SCRAP is to promote the circular economy and reduce the amount of waste generated by packaging by promoting its recycling and reuse. By making producers responsible for packaging management, the aim is to encourage innovation in the design of more sustainable products and the development of efficient waste management systems.
It is important to note that the term SCRAP can have other meanings in different contexts, but in the field of packaging management, it refers to the ‘Collective Extended Producer Responsibility System.’
SCRAP is based on the principle that producers must take responsibility for the waste they generate, from production to final disposal. This means that producers must establish mechanisms for the collection, recycling and proper management of packaging once consumers discard it.
Within SCRAP, producers or manufacturers must implement selective packaging collection systems, either through their own programmes or in collaboration with specialised entities. In addition, they must ensure that the packaging collected is properly managed, either through recycling, reuse or other processes that minimise its environmental impact.
The main objective of SCRAP is to promote the circular economy and reduce the amount of waste generated by packaging by promoting its recycling and reuse. By making producers responsible for packaging management, the aim is to encourage innovation in the design of more sustainable products and the development of efficient waste management systems.
It is important to note that the term SCRAP can have other meanings in different contexts, but in the field of packaging management, it refers to the ‘Collective Extended Producer Responsibility System.’
What is the difference between the tax on non-reusable plastic and the Product Manufacturers Register?
It should be clarified that the tax on non-reusable plastic is not the same as the Product Manufacturers Register.
This tax only applies to plastic packaging that is non-reusable, regardless of its origin (import or intra-Community acquisition) that is brought into Spain. Therefore, the tax must be paid according to the weight of the plastic accompanying the product, and forms 592 and A22 must be submitted to the Ministry of Finance. This tax came into force on 1 January 2023 and is regulated by Law 7/2022 of 8 April on waste and contaminated soil for a circular economy (Articles 67 to 83).
On the other hand, there is the Product Manufacturers Register, in which entities that introduce packaging (plastic (reusable or not), paper/cardboard, wood, metals, etc.) into Spain must register and contribute by paying a recycling fee. By paying this fee to SCRAP, it will finance the costs of packaging waste management. From 1 January 2025, registration in the register will be mandatory for companies that place commercial and industrial packaging on the market, in addition to domestic packaging, for which it was already mandatory prior to the publication of the Royal Decree on packaging.
If you have any further questions, please do not hesitate to contact us.
This tax only applies to plastic packaging that is non-reusable, regardless of its origin (import or intra-Community acquisition) that is brought into Spain. Therefore, the tax must be paid according to the weight of the plastic accompanying the product, and forms 592 and A22 must be submitted to the Ministry of Finance. This tax came into force on 1 January 2023 and is regulated by Law 7/2022 of 8 April on waste and contaminated soil for a circular economy (Articles 67 to 83).
On the other hand, there is the Product Manufacturers Register, in which entities that introduce packaging (plastic (reusable or not), paper/cardboard, wood, metals, etc.) into Spain must register and contribute by paying a recycling fee. By paying this fee to SCRAP, it will finance the costs of packaging waste management. From 1 January 2025, registration in the register will be mandatory for companies that place commercial and industrial packaging on the market, in addition to domestic packaging, for which it was already mandatory prior to the publication of the Royal Decree on packaging.
If you have any further questions, please do not hesitate to contact us.
