Interzero -Your authorised representative for EPR service in Spain

The authorised representative takes responsibility for all obligations resulting from the legal framework conditions of the foreign supplier.

All obligations can be found in:

• Royal Decree 1055/2022 for packaging,
• Royal Decree 106/2008 for batteries,
• Royal Decree 110/2015 for waste electrical and electronic equiptment,

An Authorised Representative (AR) is a legal or natural person established within an EU Member State where a producer first introduces packaging to the market. Appointed by the producer, the AR is responsible for fulfilling the producer’s legal obligations under Extended Producer Responsibility (EPR) regulations for specific product categories, such as packaging, electronic equiptment and batteries. In essence, the AR acts as the producer’s representative, carrying out various tasks on their behalf.
By appointing an AR in Spain, you can ensure legal compliance, maintain market access, and avoid penalties while focusing on your core business activities.
It’s important to note that some European countries already mandate the appointment of an Authorised Representative for foreign companies under their national EPR regulations.

Send us your inquiry and we will make sure to find the best option for you.

The recent introduction of the Authorised Representative (AR) obligation in Spain has significant implications for foreign companies placing products in to the Spanish market. These companies are now obligated to appoint an Authorised Representative to ensure compliance with local environmental laws and regulations. This new requirement can add to administrative burdens and costs, particularly for smaller businesses, that is why Interzero will do our best to find the best solution for you.

NIF Requirements for Authorised Representative Appointment
Before appointing an Authorised Representative, foreign companies must obtain an NIF “N” number, a Spanish VAT ID. However, companies already possessing an NIF number beginning with “A” or “B” are exempt from this requirement.

Recent Changes to NIF Application
A recent change in regulations by the Spanish environmental authority stipulates that the NIF “N” can now only be applied for by a natural person holding an NIE number. The NIE number is issued exclusively to foreign individuals with a residence in Spain.

An Authorised Representative (AR) typically assumes the EPR responsibilities of the producer they represent. The specific duties of an Authorised Representative can vary depending on the particular national EPR regulations. However, common responsibilities often include:

• Reporting and Data Submission: Submitting required reports and data to relevant regulatory authorities.
• Contractual Obligations: Concluding contracts with relevant parties, such as Producer Responsibility Organizations (PROs).
• Compliance Assurance: Ensuring compliance with all EPR obligations, including recycling targets and fee payments.
• Stakeholder and Regulatory Engagement: Acting as a primary point of contact for stakeholders, including regulatory bodies, PROs, and consumers.

Wholesalers from abroad are also obliged to register in the Spanish producer`s register via an authorised representative if they sell packaged products to distributors in Spain. If you can identify yourself under one of the following cases, you need an Authorised Representative in Spain.

1) Non-Resident Product producers that place packaging in the Spanish market. A company that is not physically established in Spain but places packaging or packaged products on the Spanish market. It includes importers from other countries in the EU or from outside the EU.
Obligation: They must appoint an Authorised Representative to fulfill their EPR obligations, including registration, reporting, and financing packaging, WEEE and batteries waste management.

2) E-Commerce Sellers – Companies selling packaged goods online to Spanish customers without a physical presence in Spain. As they are considered producers for the Spanish market, they are required to appoint an Authorised Representative to ensure compliance with local packaging laws.

3) Foreign importers of packaged goods: Businesses located outside Spain that import products into Spain with packaging (primary, secondary, or tertiary). These entities must appoint an Authorised Representative to meet registration and EPR requirements.

4) Businesses in Specific packaging sectors: Any foreign business placing the following types of packaging on the Spanish market must appoint an Authorised Representative:

• Household Packaging: Packaging for goods intended for individual consumers.
• Commercial Packaging: Packaging used in business-to-business transactions.
• Industrial Packaging: Packaging used for transporting large goods or raw materials.

5) Exemptions
Spanish-based companies do not need an Authorised Representative but they are obliged to manage their compliance obligations.

Small businesses (depending on thresholds defined in the regulations) may have reduced obligations but still must comply independently if operating in Spain. Please contact us and we will try to find the best option for you.

Law 7/2022, enacted on April 8, 2022, in Spain, is the Waste and Contaminated Soils for a Circular Economy Act. It focuses on waste prevention, improved waste management, and fostering a circular economy. The law includes specific provisions related to packaging and the appointment of an Authorised Representative (AR) under Extended Producer Responsibility (EPR) schemes.

The Royal Decree 1055/2022, enacted on December 27, 2022, focuses on the Regulation of Packaging and Packaging Waste in Spain, complementing Law 7/2022 by providing detailed rules for packaging management and compliance. It includes specific provisions regarding the role of an Authorised Representative (AR), especially for businesses not established in Spain but placing packaging on the Spanish market.

The  Royal Decree 110/2015, enacted on 20 February focuses on waste electrical and electronic equipment, hereinafter RD 110/2015.

Royal Decree 106/2008, enacted on 1 February, focuses on batteries and accumulators and the environmental management of their waste.

To comply with above mentioned Royal Decrees, if you are a foreign company placing products with packaging, electric and electronic equipment or batteries on the Spanish market you need to designate an Authorised Representative in Spain to comply with the obligations derived from the above mentioned law. Interzero can help you to comply with these obligations.

Spain enhances Packaging Responsibility for Foreign Manufacturers: In line with global efforts to reduce environmental pollution and waste, the Spanish government has implemented stricter regulations for foreign manufacturers. As of January 1st, 2023, these manufacturers are now required to appoint an Authorised Representative (AR) to oversee products and packaging disposal.

This move aligns with the Extended Producer Responsibility (EPR) principle, which holds producers accountable for the environmental impact of their products and packaging throughout their entire lifecycle. By mandating Authorised Representatives, Spain aims to ensure that foreign manufacturers contribute to a cleaner and more sustainable future.

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To navigate legal and financial processes in Spain, both foreign residents and businesses need specific identification numbers.

NIE (Número de Identificación de Extranjero) is a unique identifier essential for foreigners living in or conducting official business in Spain. It’s required for various activities, including:

• Working
• Opening a bank account
• Signing contracts
• Paying taxes
• Accessing public services

NIF (Número de Identificación Fiscal): This number is used for tax identification purposes. Both Spanish citizens and foreigners require an NIF for:

• Paying taxes
• Filing tax returns
• Conducting financial activities
• Note: For many foreigners, the NIE number doubles as their NIF.

EPR Compliance and NIF in Spain: To comply with Spain’s new EPR regulations, companies must register with the Spanish authorities. A crucial part of this process is providing your NIF number. This tax identification number is necessary for registration with the Spanish Ministry of the Environment via the manufacturer register.

Interzero can support you with acquiring a NIF number in Spain.

Once registered successfully, you’ll receive an EPR (Extended Producer Responsibility) number. This number must be included on invoices and other relevant business documents.

There are penalties if you do not comply with the obligation of designating an Authorised Representative or fail with it on purpose when required as you place your products in the Spanish market. These penalties cover not only a range of monetary fines, according to the quantity and type of packaging and products placed on the market  or suspension or prohibition of product sales in Spain, but also it can lead to legal and financial consequences.

As a foreign company, the authorized representative will act as an intermediary between you and Slovenian EPR system, like Interzero. After concluding your Authorized Representative Contract, a licensing agreement for your required licensing area is automatically concluded with Interzero. This involves no further action on your end.

Compared to some other systems for EPR you will benefit from one single provider (Interzero) that will take on your full EPR obligations for packaging and WEEE on the Slovenian market.

An Extended Producer Responsibility Collective System (EPRS) is a non-profit organization established by product manufacturers to collectively manage their responsibility for the waste generated by the products they introduce to the market. Its primary function is to fulfill Extended Producer Responsibility (EPR) obligations by organizing, funding, and coordinating the collection, recycling, and proper disposal of waste from its members’ products.

A “Product producer” is any individual or organization that introduces, produces, manufactures, processes, packages, sells, or imports a product into the Spanish market. They are responsible for the product’s environmental impact throughout its entire lifecycle, from production to collection, recycling, and final disposal.

As a product producer, you must join a Collective System for Recycling and Proper Disposal (EPRS) to comply with Extended Producer Responsibility (EPR) regulations. EPR mandates that producers manage the recycling and proper disposal of waste generated by their products.
Joining an EPRS allows you to efficiently and cost-effectively meet these obligations. The collective system organizes and funds the collection, recycling, and treatment of waste.
By sharing costs through an EPRS, you significantly reduce expenses due to economies of scale. The system simplifies waste management, eliminating the need for individual producers to organize it.
In addition to complying with legislation, joining an EPRS contributes to the circular economy, promoting reuse and recycling, which benefits the environment.
In summary, joining an EPRS ensures compliance with regulations, reduces costs, simplifies waste management, and fosters more sustainable practices.