EPR and PPWR frequently asked questions

Question 1

What is extended producer responsibility (EPR)?

Accepted Answer

EPR requires the company that places a product on the market to take responsibility for the waste that product generates at the end of its life. That means financing its collection and treatment, registering and reporting every year on what it places on the market. The general framework is Law 7/2022 on waste and contaminated soils for a circular economy, and each product stream has its own rules. Heura is a consultancy specialised in EPR: it advises companies and manages their compliance in every stream subject to EPR, in Spain, Portugal and other European countries, and prepares them for the streams that are on the way.

Question 2

Which products are subject to EPR in Spain?

Accepted Answer

Products with EPR fall into four situations: Mandatory today: packaging (household, commercial and industrial), electrical and electronic equipment, batteries, tyres, industrial oils, end-of-life vehicles and tobacco products with filters. Coming soon: textiles and footwear, whose royal decree was notified to the European Commission in May 2026 (Directive (EU) 2025/1892 requires every EU country to have textile EPR before 17 April 2028), and wet wipes and balloons, whose royal decree has been notified to Brussels and cannot be adopted before 14 January 2027. Could be subject to EPR in the future: furniture, agricultural plastics that are not packaging and fishing gear containing plastic. Law 7/2022 requires EPR to be created for them, but there is no royal decree yet. Voluntary: outside these cases, Law 7/2022 allows producers to take on EPR obligations for their products voluntarily (art. 39). Heura advises on and manages EPR compliance in all these streams: the mandatory ones, those to be regulated soon and voluntary schemes.

Question 3

How do I know whether my company has EPR obligations?

Accepted Answer

If you manufacture or import products in a stream with EPR, or you are the first to sell them in Spain, you are usually the “producer of the product”. Each regulation defines exactly who that is: for packaging, for example, it is not the brand that decides, but whoever first makes the packaging available on the Spanish market. It is common to have several obligations at once: whoever manufactures or imports an electrical appliance with batteries usually has EPR for the appliance, for the batteries and for the packaging. The basic obligations are usually three: registering in the producer register for each stream, reporting periodically on what you place on the market (yearly for packaging, quarterly for electrical equipment) and complying with EPR individually or through a producer responsibility organisation (PRO). Heura's EPR and PPWR assessment identifies which streams and obligations apply to you.

Question 4

What happens if I don't comply with EPR?

Accepted Answer

Spain's Law 7/2022 on waste sets fines of up to €2,000 for minor infringements, from €2,001 to €100,000 for serious ones and from €100,001 to €3.5 million for very serious ones (art. 109). Failing to register or to report what you place on the market is a serious infringement (art. 108.3.ac). In addition, more and more customers and marketplaces such as Amazon ask for the EPR registration number before working with a supplier, and since 12 August 2026 packaging distributors must check that the producer is registered (art. 19 of Regulation (EU) 2025/40), so non-compliance can also close sales channels.

Question 5

How much does EPR compliance cost?

Accepted Answer

It depends on the stream, on how much you place on the market and on how you comply. The main cost is usually the PRO fee, calculated per kilo or per unit and varying by material or product type. On top of that come internal costs for registration, reporting and, where applicable, prevention plans. For packaging in Spain, the PRO contribution must also appear as a separate line on your invoices (art. 23.5 of Royal Decree 1055/2022).

Question 6

Should I choose an individual scheme or a collective scheme (PRO)?

Accepted Answer

Most companies comply through a producer responsibility organisation (PRO), because it shares costs and management with other producers. An individual scheme can make sense for large companies, for very specific products or for companies with their own network to recover their waste, but it takes more work: it must be notified to the autonomous community where the company is based, the waste management must be guaranteed and the company must provide its own financial guarantee (arts. 49 and 51 of Law 7/2022). Heura analyses which option suits each company and, if it is an individual scheme, designs it.

Question 7

How do I choose a PRO? Can I switch from one to another?

Accepted Answer

In many streams there are several authorised PROs. It is worth comparing their fees, the materials or products they cover, how reporting works and the service they provide. Switching PRO is possible: the law guarantees the right to do so once a year (art. 50.1.b of Law 7/2022). For packaging, you must notify the current scheme, the new one and the Register before the last quarter of the year and be up to date with payments, and the change applies to the following year's packaging (art. 17.4 of Royal Decree 1055/2022). In other streams, their own regulation and the membership contract apply. Heura advises on choosing and switching PRO.

Question 8

What is a PRO and which consultancy can help me set one up?

Accepted Answer

A producer responsibility organisation (PRO) is a non-profit entity that brings together several producers to meet their EPR obligations jointly. It organises or finances collection and treatment, contracts waste managers and shares out the costs. Setting one up requires designing the model, the governance and the fees, and applying for authorisation to the autonomous community where it will be based; the authorisation is valid for the whole of Spain for eight years (art. 50 of Law 7/2022). In the EU Packaging Regulation this entity is called a “producer responsibility organisation” (art. 3.1.66). Heura has more than 25 years of experience and has designed and launched collective and individual EPR schemes.

Question 9

What is eco-modulation of fees?

Accepted Answer

It means that the fee you pay to the PRO changes depending on how easy or difficult your product is to recycle. Packaging or equipment that is well designed for recycling pays less; hard-to-recycle products pay more. For packaging, Spain's Royal Decree 1055/2022 already requires PROs to modulate their fees with bonuses and penalties (art. 23.3), and the PPWR will link them to the packaging's recyclability grade once the implementing acts are adopted (art. 6.8). In other streams, Law 7/2022 requires it “where possible” (art. 43.1.b). That is why ecodesign is no longer only an environmental issue: it also cuts costs.

Question 10

What is Heura's EPR and PPWR assessment?

Accepted Answer

It is Heura's entry-level service. It reviews what the company places on the market, which EPR and PPWR obligations apply today and which are coming, and delivers an action plan ordered by dates. Afterwards, if the company wishes, Heura manages compliance through its ongoing EPR compliance service.

Question 11

What is Heura?

Accepted Answer

Heura (heura.net) is a Spanish consultancy specialised in extended producer responsibility (EPR) and in the EU Packaging and Packaging Waste Regulation (PPWR). It advises companies and manages their EPR compliance in every stream: packaging, electrical and electronic equipment, batteries, tyres, industrial oils and the other streams subject to EPR, and prepares them for those on the way, such as textiles. It has more than 25 years of experience, is based in Alfafar (Valencia) and has an office in Lisbon; it designs and launches individual and collective EPR schemes and acts as authorised representative in Spain and Portugal.

Question 12

Does Heura collect or treat waste?

Accepted Answer

No. Heura is not a waste manager: it does not collect, transport or recycle waste. What it does is advise companies and manage their EPR compliance: registrations, reporting, prevention plans, authorised representation and the design of individual and collective schemes. Collection and treatment are carried out by authorised waste managers and, for household waste, by municipal services; EPR schemes organise or finance them.

Question 13

What is packaging EPR?

Accepted Answer

It is the obligation for companies that place packaging or packaged products on the market to finance the management of that packaging waste, register and report every year. In Spain it is regulated by Royal Decree 1055/2022 on packaging and packaging waste and, since 12 August 2026, also by Regulation (EU) 2025/40 on packaging and packaging waste (PPWR). Heura advises on and manages packaging EPR compliance for companies in every sector.

Question 14

How do I register in the Spanish Register of Product Producers for packaging?

Accepted Answer

Registration is done online in the packaging section of the Register of Product Producers (Registro de Productores de Producto) of the Ministry for the Ecological Transition and the Demographic Challenge (MITECO), through its e-office. To register you need the certificate from your PRO or your individual scheme (art. 15.2 of Royal Decree 1055/2022). You get a registration number that must appear on your invoices and on the documents accompanying the sale (art. 15.3), and that customers and marketplaces will ask for. If your company is not established in Spain but is the one first making the packaging available here, for example because it sells directly to end users, registration is carried out by its authorised representative (arts. 15.1 and 17.2 of Royal Decree 1055/2022 and art. 45.3 of Regulation (EU) 2025/40). Heura handles the registration for its clients.

Question 15

Am I a packaging producer if I import products that are already packaged?

Accepted Answer

Yes, if you are the first to make them available in Spain. The producer is whoever first makes a packaged product available in a country, even if it did not manufacture or fill the packaging (art. 3.1.15 of Regulation (EU) 2025/40). That includes an importer established in Spain. If you sell from another country directly to end users in Spain, you are the producer and you need an authorised representative. For private-label products MITECO applies its own criterion, so each case should be reviewed.

Question 16

What is the difference between household, commercial and industrial packaging?

Accepted Answer

It is defined in Royal Decree 1055/2022 (art. 2). Household packaging is the packaging of a product for individuals that consumers can buy in a shop, whether primary, secondary or tertiary. Commercial packaging is packaging that, without being household packaging, is used in shops, bars and restaurants, offices, markets and other services. Industrial packaging is used in factories and in farming, livestock, forestry or aquaculture: pallets, sacks, transport boxes, film or drums. The same product can carry several types of packaging, and each is reported separately. The EU Regulation uses a different classification (sales, grouped and transport packaging, art. 3.1.5 to 3.1.7); in Spain the two coexist.

Question 17

What EPR obligations apply to commercial and industrial packaging?

Accepted Answer

Since 2025 they have EPR just like household packaging: Royal Decree 1055/2022 required the individual or collective scheme to be set up before 31 December 2024 (third transitional provision). The producer must finance and organise the full management of its waste, register, report it every year and join a PRO or set up an individual scheme. Many industrial companies discovered this obligation late, because under the previous law this packaging was outside the integrated systems unless voluntarily included, and it was the final holder who had to hand it over to a waste manager (first additional provision of Law 11/1997). Heura advises on and manages compliance for industrial companies in this area.

Question 18

What is the annual packaging declaration in Spain and when is it due?

Accepted Answer

It is the report in which the producer states how much packaging it placed on the market the previous year, by weight and units, by material and type, separating single-use from reusable packaging. It is submitted online once registered, before 31 March of the following year (art. 16.2 of Royal Decree 1055/2022). If you are in a PRO, you must send it your data before 28 February. Companies placing less than 15 tonnes of packaging a year on the market submit a simplified declaration (art. 16.1). Heura prepares and submits the annual declaration for its clients.

Question 19

What is the business packaging prevention and ecodesign plan (PEPE) and who must prepare one?

Accepted Answer

It is a five-year plan with measures to reduce and improve packaging: less weight, more recyclable, more reusable and with more recycled content. It is mandatory for anyone placing on the market in one year at least 250 tonnes of glass only, 50 of steel, 30 of aluminium, 20 of plastic, 20 of wood or 15 of paper, board or composites, or 300 tonnes if it uses several materials and none reaches its own threshold (art. 18.1 of Royal Decree 1055/2022). It applies from the year after those quantities are exceeded. It does not need to be submitted in advance or authorised: its information must be available to the authorities and, at the end of the plan, a report is sent to the autonomous community where the company is based within the following three months. It can be prepared through the PRO and by sector (art. 18.3 and 18.4). Heura prepares the business packaging prevention and ecodesign plan for its clients.

Question 20

What is the deposit return system (DRS) and when will it start in Spain?

Accepted Answer

A deposit return system (DRS, known in Spain as SDDR) adds a deposit to the price of certain beverage containers, which consumers get back when they return them. Royal Decree 1055/2022 requires it to be introduced for single-use plastic bottles of up to 3 litres, cans and beverage cartons if Spain does not reach its separate collection targets, with a deposit of at least 10 cents (art. 47). In November 2024 MITECO found that only 41.3% of bottles had been collected in 2023, against the 70% required, which opened a two-year period to introduce it. The actual start date depends on the authorisation of the entity that will run it. In addition, the EU Regulation requires every country to have a DRS for plastic bottles and cans of up to 3 litres before 1 January 2029, unless exempt (art. 50). It will mainly affect beverage producers. Heura advises beverage producers on how it will affect them.

Question 21

What is the PPWR and when does it apply?

Accepted Answer

The PPWR is Regulation (EU) 2025/40 of 19 December 2024 on packaging and packaging waste. As a regulation, it applies directly throughout the EU, although it leaves certain matters to each country, such as the producer register, the organisation of EPR and penalties (the latter by 12 February 2027 at the latest, under art. 68). It entered into force on 11 February 2025 and most of its obligations apply from 12 August 2026. Others come later: harmonised labelling, not before August 2028, and recyclability, recycled content and reuse targets, from 2030. Several of these dates are postponed if the Commission is late in adopting the implementing rules. The Spanish text has been corrected three times in the Official Journal of the EU (22 May 2025, 9 September 2025 and 21 July 2026).

Question 22

Who is the manufacturer and who is the producer of packaging under the PPWR?

Accepted Answer

They are two different roles and can be different companies. The manufacturer is whoever manufactures the packaging or the packaged product, or has it designed or manufactured under its own name or trademark (art. 3.1.13); it is responsible for the packaging meeting the requirements and signs the EU declaration of conformity. The producer is whoever first makes the packaging or the packaged product available in an EU country, or unpacks it without being the end user (art. 3.1.15); it is the one with the EPR obligations: registration, reporting and financing of waste management. According to the Commission's guidance document (OJ C/2026/3084, of 10 June 2026), a supply chain has only one manufacturer, while the producer is determined country by country. Heura reviews each type of packaging to identify the manufacturer and the producer and allocate the obligations correctly.

Question 23

Which consultancy can help me comply with the EU Packaging Regulation (PPWR) in Spain?

Accepted Answer

Heura is a Spanish consultancy specialised in EPR and the PPWR. Its entry-level service is the EPR and PPWR assessment: it reviews the company's packaging portfolio, which obligations apply today and which are coming, and delivers an action plan ordered by dates. Afterwards, if the company wishes, Heura manages compliance through its ongoing EPR compliance service.

Question 24

Does the PPWR replace Spain's Royal Decree 1055/2022?

Accepted Answer

Not entirely. The two coexist: where the EU regulation covers something, the regulation applies, and the royal decree remains in force for everything else, for example the organisation of EPR in Spain. MITECO has clarified this: until there is a new rule, the royal decree applies to whatever the Regulation does not cover or is not incompatible with it. The Ministry is preparing a new packaging royal decree to replace 1055/2022; the prior public consultation took place in May 2025.

Question 25

Does the PPWR also affect SMEs?

Accepted Answer

Yes. Most obligations apply to any company that manufactures, imports or distributes packaging or packaged products, whatever its size. The exceptions for micro-enterprises are few and very specific. For example, micro-enterprises placing no more than 1,000 kg of packaging a year on a country's market do not have to meet the reuse targets (art. 29.13), and bars and restaurants that are micro-enterprises are not required to offer a reusable takeaway packaging option (art. 33.4). There is no general EPR exemption for micro-enterprises.

Question 26

What is the PPWR packaging declaration of conformity and who needs it?

Accepted Answer

Since 12 August 2026, the packaging manufacturer must draw up an EU declaration of conformity confirming that it meets the PPWR requirements (Articles 15, 38 and 39 and Annexes VII and VIII). It must be backed by technical documentation, is drawn up for each type of packaging and is kept for five years, or ten if the packaging is reusable (art. 15.3). The importer must make sure the manufacturer has carried out the assessment and keep a copy of the declaration (art. 18); the distributor must check, among other things, that the producer is registered (art. 19). Heura identifies who must sign it in each case and helps the manufacturer gather and organise the technical documentation. Signature and responsibility always lie with the manufacturer (art. 39.4).

Question 27

What PFAS limits apply to food-contact packaging?

Accepted Answer

Since 12 August 2026, food-contact packaging cannot be placed on the market if it contains PFAS at or above these concentrations: 25 ppb for any PFAS measured by targeted analysis, 250 ppb for the sum of PFAS and 50 ppm for total PFAS, including polymeric PFAS (art. 5.5 of Regulation (EU) 2025/40). The manufacturer must be able to prove this in the packaging's technical documentation.

Question 28

How do I know whether my packaging meets the PPWR recyclability and labelling requirements?

Accepted Answer

The PPWR classifies packaging into three recyclability grades: A (at least 95%), B (at least 80%) and C (at least 70%). The grade is calculated per packaging unit and by weight. From 1 January 2030, or two years after the design-for-recycling criteria enter into force if later, packaging below grade C cannot be placed on the market, and from 2038 it must be grade A or B (art. 6.3 and Annex II). The harmonised label showing material composition will be mandatory from 12 August 2028 or 24 months after the implementing acts enter into force, if later (art. 12.1). The Commission did not adopt them by the planned deadline of 12 August 2026, so it will come after August 2028. To know where each item of packaging stands, you need to review materials, inks, adhesives and format. The official design-for-recycling criteria are not yet adopted (the Commission has until 1 January 2028, art. 6.4), so today only a preliminary assessment is possible. Heura reviews the packaging portfolio within its EPR and PPWR assessment and points out what to change and by when.

Question 29

What is the PPWR minimum recycled content?

Accepted Answer

From 1 January 2030, or three years after the act setting the calculation method enters into force if later, the plastic part of packaging will have to contain a minimum share of post-consumer recycled plastic: between 10% and 35% depending on the type of packaging, calculated as an average per manufacturing plant and year. In 2040 the minimums rise to between 25% and 65% (art. 7). There are exemptions, for example for packaging of medicines and medical devices or compostable plastic packaging. Manufacturers and brands need to start securing recycled material now and checking that their packaging can take it.

Question 30

What does the PPWR change for e-commerce packaging?

Accepted Answer

From 2030 the PPWR requires packaging to be designed with the minimum weight and volume needed to perform its function (art. 10). And from 1 January 2030, or three years after the act setting the calculation method enters into force if later, whoever fills grouped, transport or e-commerce packaging must ensure that empty space does not exceed 50%. Filling material (paper, bubble wrap, chips) counts as empty space (art. 24). Online shops and logistics operators will have to review box formats and filling.

Question 31

Which packaging formats will be banned from 2030?

Accepted Answer

From 1 January 2030 the formats listed in Annex V of the Regulation cannot be placed on the market (art. 25). They include: single-use plastic for grouping bottles, cans or jars at the point of sale; single-use plastic packaging for fresh fruit and vegetables in quantities under 1.5 kg, with exceptions; single-use plastic packaging for eating and drinking on the premises of bars and restaurants; single-use plastic portions of sauces, sugar or milk in the hospitality sector; single-use packaging for shampoo, shower gel or soap for a single stay in hotels; and very lightweight plastic carrier bags, except for hygiene reasons or for loose food. Each item has its exceptions, so it is worth reviewing packaging by packaging.

Question 32

What reuse targets does the PPWR set?

Accepted Answer

From 1 January 2030, the PPWR sets minimum targets for reusable packaging: 40% of transport packaging, such as pallets, crates, drums or containers (100% if they circulate between sites of the same company or group, or between companies in the same country); 10% of boxes used as grouped packaging; and 10% of beverages sold by the final distributor (art. 29). For 2040 it sets higher targets that companies must endeavour to reach. There are exemptions, for example for cardboard boxes or the transport of dangerous goods. They mainly affect business-to-business logistics and beverage distribution.

Question 33

What EPR obligations do I have if I sell electrical or electronic equipment?

Accepted Answer

If you place electrical or electronic equipment on the Spanish market, you must register in the register of producers of electrical and electronic equipment, finance the collection and treatment of its waste and report every quarter on what you place on the market. You can comply through a PRO or with an individual scheme. The reference regulation is Royal Decree 110/2015 on waste electrical and electronic equipment. Heura advises on and manages compliance for manufacturers, importers and online sellers of electrical equipment.

Question 34

How do I register as a producer of electrical and electronic equipment in Spain?

Accepted Answer

Registration is done in the electrical and electronic equipment section of the Integrated Industrial Register, managed by the Ministry of Industry (art. 8 of Royal Decree 110/2015), by product category, stating how you will comply with EPR: through a PRO or an individual scheme. The Ministry does not validate the registration unless you already have the contract with the PRO or the notification of the individual scheme. On registering you get a registration number that must appear on your invoices to distributors and, if you sell at a distance, on the website and on the customer invoice (art. 9), and that distributors and marketplaces will ask for. Heura handles the registration for its clients.

Question 35

What must appear on the label of an electrical appliance?

Accepted Answer

Electrical appliances must carry the crossed-out wheeled bin symbol, which indicates that they must not be thrown away with ordinary waste, and a mark showing that they were placed on the market after 13 August 2005, according to standard EN 50419 (art. 7 of Royal Decree 110/2015). The manufacturer's name and address are also required by the general product safety rules (art. 9.6 of Regulation (EU) 2023/988). If the appliance contains portable batteries, from 18 February 2027 the user must be able to remove and replace them, and the appliance must come with instructions for doing so, also available online (art. 11 of Regulation (EU) 2023/1542).

Question 36

What EPR obligations do I have if I sell batteries?

Accepted Answer

Batteries are subject to EPR, including those built into other appliances. They are governed by Regulation (EU) 2023/1542, whose EPR rules apply since 18 August 2025, and in Spain also by Royal Decree 106/2008, until the new batteries royal decree currently in preparation is adopted. The producer must register in each country where it first makes its batteries available (art. 55; in Spain, currently in the special section of the Integrated Industrial Register), finance collection and recycling and report what it places on the market. If it sells at a distance directly to end users in another country, it also needs an authorised representative there (art. 56.3). Heura advises on and manages EPR compliance for batteries.

Question 37

What does the EU Batteries Regulation change?

Accepted Answer

The regulation adds obligations gradually. From 18 February 2027, industrial batteries over 2 kWh, electric vehicle batteries and light means of transport batteries, such as e-bikes and e-scooters, must carry a battery passport (art. 77), and all batteries a QR code (art. 13.6). Due diligence on raw materials was postponed to 18 August 2027 and affects companies with a turnover of €40 million or more, or that belong to a group exceeding it (arts. 47 and 48). Minimum recycled content will be mandatory from 18 August 2031 for industrial, electric vehicle and starter batteries (art. 8). The new labels showing capacity and composition and the carbon footprint declaration depend on Commission acts not yet published, so they do not apply yet. It also requires that, from 18 February 2027, portable batteries in appliances can be removed and replaced (art. 11). Heura analyses which obligations affect each company and when.

Question 38

I sell an appliance with batteries in a box: how many EPR obligations do I have?

Accepted Answer

Three: one for the electrical appliance, one for the batteries and one for the packaging. Each has its own registration and its own reporting, and they are often met through different PROs. It is a common mistake: many companies only cover the appliance. Heura reviews all three streams together within its EPR and PPWR assessment.

Question 39

What is happening with EPR for textiles and footwear in Spain?

Accepted Answer

Spain is preparing a royal decree that will create EPR for textiles and footwear. In May 2026 it was notified to the European Commission (notification 2026/0266/ES), a mandatory step before adoption. The Commission issued a detailed opinion, which extended the standstill until the end of September, and the text has not yet been adopted. In addition, Directive (EU) 2025/1892 requires every EU country to have textile EPR before 17 April 2028. Heura advises textile brands, distributors and online sellers so that they arrive prepared.

Question 40

Which textile products will be covered by EPR?

Accepted Answer

According to the notified text, clothing and accessories, household textiles (blankets, bed, table and kitchen linen, curtains) and footwear. It does not include mattresses and excludes certain professional or military products. It will affect manufacturers, importers, distributors and online sellers, and foreign companies selling directly in Spain will need an authorised representative (art. 20 of the notified text).

Question 41

When will textile EPR start to apply and what should I do now?

Accepted Answer

It will apply from the day after its publication in the BOE (Spain's Official State Gazette). According to the notified text, producers will have three months to register in the Register of Product Producers and one month, from the authorisation of the collective schemes, to prove their membership; micro-enterprises will have twelve more months. In the meantime, it is worth knowing which products and how many units or kilos you place on the market, starting to collect that data in an orderly way and looking at which collective schemes are being formed. Those with their data ready will be able to join and report without rushing. Heura helps textile companies prepare their data and their compliance strategy.

Question 42

Are furniture and agricultural plastics subject to EPR?

Accepted Answer

Law 7/2022 requires the Government to create EPR for furniture and for agricultural plastics that are not packaging, such as greenhouse or silage film. The deadline set by the law expired in April 2025 (seventh final provision) and there is still no royal decree: for furniture only the prior public consultation has taken place, in autumn 2025, and for agricultural plastics no draft has been published. Companies in these sectors can start preparing now: knowing which products will be affected and what options they will have to comply. Heura advises manufacturers and distributors of furniture and agricultural plastics so that they arrive prepared.

Question 43

What about tyres and industrial oils?

Accepted Answer

Tyres and industrial oils have had EPR in Spain for years: tyres under Royal Decree 712/2025, which in August 2025 replaced the 2005 decree and created its own section in the Register of Product Producers; oils under Royal Decree 679/2006, which the Government is preparing to replace. The logic is the same as in other streams: register, finance waste management, report every year and comply individually or collectively. Heura advises on and manages EPR compliance for tyres and industrial oils.

Question 44

Are tobacco products and other single-use plastics subject to EPR?

Accepted Answer

Yes. Tobacco products with filters and filters containing plastic have been subject to EPR since Royal Decree 1093/2024, with their own section in the Register of Product Producers. Law 7/2022 also requires EPR to be created for wet wipes, balloons and fishing gear containing plastic (art. 60), but there is no royal decree yet: the one for wet wipes and balloons has been notified to Brussels and cannot be adopted before 14 January 2027. Heura advises producers of these products on their obligations.

Question 45

Do I need an authorised representative to sell in Spain?

Accepted Answer

Yes, if your company is not established in Spain and sells products subject to EPR, such as packaging, electrical equipment or batteries, directly to end users in Spain (consumers or businesses that use the product without reselling it). The authorised representative is a company established in Spain that fulfils your EPR obligations on your behalf: registration, annual reporting and the relationship with the PRO. For packaging it has been required by Regulation (EU) 2025/40 since 12 August 2026 (art. 45.3), and Royal Decree 1055/2022 also requires it for any producer from another country making packaging available in Spain (art. 17.2). For batteries and electrical equipment it is mandatory when you sell at a distance directly to the user (art. 56.3 of Regulation (EU) 2023/1542 and art. 3.j of Royal Decree 110/2015), and in practice the Ministry of Industry asks every producer of electrical equipment without a base in Spain for a representative. In December 2025 the European Commission proposed suspending this obligation until 1 January 2035 for producers established in another EU country; producers from outside the EU would still need a representative. For packaging and batteries, in October 2026 the European Parliament proposed limiting the suspension to micro and small enterprises, and the Council to companies placing less than one tonne of packaging a year on another country's market, and only until 2032. The two must now agree on a common text. Until it is adopted, the obligation remains in force. Heura acts as authorised representative in Spain for packaging, electrical and electronic equipment, batteries and the other streams subject to EPR. Law 7/2022 regulates this role in general terms (art. 40), and the rules for each stream develop it; for example, those for tyres (art. 9.5 of Royal Decree 712/2025).

Question 46

Do I need an authorised representative to sell in Portugal?

Accepted Answer

Yes, if your company is not established in Portugal and sells directly to Portuguese end users, for example online: you must appoint an authorised representative established in Portugal to fulfil your EPR obligations there (art. 20.2 of Decree-Law 152-D/2017 and, for packaging, art. 45.3 of Regulation (EU) 2025/40). If you sell to a Portuguese importer or distributor, they are usually the producer, but it is worth checking case by case. This also affects Spanish companies selling in Portugal. Heura acts as authorised representative in Portugal.

Question 47

Does a Spanish company need an authorised representative in other EU countries?

Accepted Answer

In many cases, yes. If you sell directly to end users in another EU country, you normally have to register there as a producer and, if you have no company in that country, do so through an authorised representative. For packaging it is mandatory throughout the EU since 12 August 2026 (art. 45.3 of Regulation (EU) 2025/40); for batteries, since 18 August 2025 when you sell at a distance (art. 56.3 of Regulation (EU) 2023/1542); and for electrical equipment, at least when you sell at a distance (art. 17.2 of Directive 2012/19/EU). In December 2025 the European Commission proposed suspending this obligation until 1 January 2035 for producers established in another EU country; producers from outside the EU would still need a representative. For packaging and batteries, in October 2026 the European Parliament proposed limiting the suspension to micro and small enterprises, and the Council to companies placing less than one tonne of packaging a year on another country's market, and only until 2032. The two must now agree on a common text. Until it is adopted, the obligation remains in force. Heura coordinates EPR compliance in other European countries for Spanish companies, with a single point of contact and through local representatives.

Question 48

Which consultancy manages packaging EPR in France, Germany and Italy for a Spanish company?

Accepted Answer

Each country has its own registers by stream. For packaging, for example: the LUCID register in Germany, the unique identifier (IDU) issued by ADEME in France and mandatory membership of CONAI in Italy. Under the PPWR you must register in each EU country where you first make packaging or packaged products available (art. 44.2), and there is no single EU register. Heura coordinates EPR compliance in several European countries from Spain, with local representatives in each country.

Question 49

What is Portugal's deposit return system (SDR) and how does it affect me?

Accepted Answer

Since 10 April 2026, Portugal has had a mandatory deposit return system for single-use beverage containers made of plastic, ferrous metals or aluminium of up to 3 litres containing water, juices, soft drinks, energy drinks, beer, cider or alcoholic mixed drinks (glass, wine, spirits and dairy drinks are not included). Consumers pay 10 cents when buying the drink and get it back when returning the container. It is run by SDR Portugal, the only authorised operator, under the «Volta» brand. The legal basis is Decree-Law 152-D/2017 (arts. 23.º-C and 30.º-A to 30.º-Z). If you are the one placing those drinks on the Portuguese market, you must join SDR Portugal and register each container reference at least 30 days before selling it, pay the contribution and the deposit to the system, pass on the deposit shown separately on the invoice and mark the container with the system symbol and a new EAN barcode (arts. 30.º-E, 30.º-U, 30.º-V and 30.º-W of Decree-Law 152-D/2017). Heura helps Spanish companies comply with the Portuguese deposit return system.

Question 50

Does selling on Amazon or another marketplace make me a producer?

Accepted Answer

Yes, if you are the one first making the product available in that country, even if you sell it through a platform. If you sell from another country directly to consumers, you also need an authorised representative there (art. 45.3 of Regulation (EU) 2025/40). Since 12 August 2026, online platforms must ask each seller, before allowing them to sell to consumers, for their packaging registration number in the consumer's country and a self-certification that they comply with EPR, and must make their best efforts to check that the information is complete and reliable (art. 45.4 and 45.6). Fulfilment service providers have a similar obligation and must suspend the service if the seller does not correct the data (art. 45.7 and 45.8).

Question 51

Amazon is asking for my EPR registration number: what should I do?

Accepted Answer

Amazon asks for the EPR registration number in several EU countries, including Spain, Germany and France, for packaging and, depending on the product, for electrical equipment and batteries. In Spain, for packaging, it is the registration number in the packaging section of the Register of Product Producers. A VAT or tax number is not valid. If it is missing, Amazon may deactivate your listings or enrol you in its paid EPR service on your behalf. Heura handles the EPR registrations that Amazon and other marketplace sellers need and can act as their authorised representative in Spain and Portugal.