Commercial packaging in Spain: New system participation obligation from 2025

From 2025, not only household packaging but also commercial packaging will be subject to system participation in Spain. But what is actually meant by commercial packaging? Basically, this is packaging that is used in various economic sectors and that does not end up directly with end consumers. In Spain, a distinction is made between two categories:

1. Commercial packaging: This packaging is intended for use in wholesale and retail, catering, offices, markets and the rest of the service sector. An example of this would be packaging used to store food in restaurants or to display goods in retail outlets.
2. Industrial packaging: This is packaging that is used in the performance of an economic activity in industry, agriculture, livestock farming, forestry or aquaculture. This includes, for example, packaging used for the storage and transport of raw materials or products in factories or agricultural businesses.

Companies that import or use these types of packaging in Spain will be subject to special registration and system participation obligations from 2025. This applies to Spanish manufacturers as well as international retailers and importers.

The decisive factor here is that the responsibility does not automatically lie with the importers, as is the case in many other European countries, but with those who import the packaging into Spain for the first time or place it on the market there.

This means that companies exporting goods or products to Spain must ensure that their packaging is properly registered and fulfils all legal requirements. If this is not the case, the Spanish recipients of the goods are liable as so-called ‘subsidiary responsible parties’. This peculiarity sets Spain apart from other EU countries and makes it necessary to scrutinise its own supply chain.

In order to fulfil the new regulations for commercial packaging in Spain, companies must register with the Spanish authorities. The NIF number (Número de Identificación Fiscal), which is required as a tax identification number for registration, plays a central role here. You must provide your NIF number for the registration process with the relevant authorities, such as the Spanish Ministry of the Environment via the manufacturer register. After successful registration, you will receive an EPR number (Extended Producer Responsibility), which must then be noted on invoices and other business documents.

To help you prepare for the new regulations for commercial packaging in Spain, here are some practical tips:

1. Register early: Registering in good time prevents potential bottlenecks and enables smooth implementation of the new obligations.
2. Know your packaging: Get an overview of what types of packaging you import into Spain or use there. Clarify whether it is commercial or industrial packaging in order to take the right measures.
3. Coordinate with partners: If you work with local partners or service providers, make sure they are aware of the new requirements and take all the necessary steps as well.
4. Compliance monitoring: Implement internal control processes to ensure that all requirements are met.
5. Seek advice: As Spain has specific requirements for commercial packaging, it can be helpful to seek advice to ensure that you implement all requirements correctly.

This way, you can ensure that you fulfil the new regulations in Spain without any problems and avoid possible penalties. Does it all sound complex? No problem! Simply hand over your obligations in Spain to us!