New registration obligation for packaging in Spain

The Spanish packaging law obliges producers to register their packaging. Distributors from abroad must also register through an authorised representative if they sell packaged products in Spain.

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No sales permissible without LUCID any longer

According to Packaging Register Board Gunda Rachut, in anticipation of the tightening of the German Packaging Act, about 3,500 companies sign up daily in the Packaging Register, with a rising tendency. The driver for online retailers to contribute to the costs of disposal and recycling of their packaging in large quantities for the first time is the fear of impending bans on sales.

As reported by Stern magazine, those who have failed to sign up in the public LUCID Packaging Register by 1 July 2022 are no longer allowed to sell their products.

Control obligation imposed on marketplace operators

As reported by Onlinehändler News, a control obligation is imposed on online marketplaces: “They are not allowed to facilitate the offering of packaging subject to mandatory system participation for sale if the producers of such packaging have not participated in a system and are duly registered in the LUCID Packaging Register […]. If online retailers do not provide the required data or proof in a timely manner, they must expect that the sales function of corresponding items will be blocked, for instance.”

Response not only by Amazon, but also by eBay

As take-e-way reported, Amazon has already announced plans to block offers from 15 June 2022 that do not meet the guidelines. According to Sellerforum, eBay has called upon its sellers by e-mail to update their listings to make them compliant with EPR (Extended Producer Responsibility).

Proof of LUCID and dual system registration

As Onlinehändler News further reports, the marketplaces request the registration number for the LUCID Packaging Register and in some cases demand confirmation from the dual system used. For instance, Amazon provides an upload option for the registration number in the EPR Compliance Portal. According to the report, eBay has announced that it will also make an upload option available.

3,500 registrations under the Packaging Act per day

According to Packaging Register Board Gunda Rachut, in anticipation of the Packaging Act, some 3,500 companies sign up daily in the Packaging Register, with a rising tendency. According to Gunda Rachut, a lawyer, online retailers from China and the USA are very significantly represented. The driver for foreign online retailers to contribute to the costs of disposal and recycling of their packaging in large quantities for the first time is the fear of impending bans on sales. However, the amendment to the Packaging Act is not only aimed at foreign mail order companies, but also domestic firms that have so far bypassed system participation.

Each retail store is required to register packaging

As reported by Luther Lawfirm, as of 1 July 2022, the registration obligation can no longer be passed on to the previous distributor: “This means that every baker, every pizza service and, in some cases, ever kiosk is required to sign up with the Packaging Register. What sounds absurd at first glance is confirmed by the explanatory memorandum to the Act. The legislator assumes that each and every retail store must register.” In supplementation to this, Stern magazine reports: “In fact, all businesses that sell and package takeaway goods are also required to register. These include bakers and butchers as well as chips and sausage stands, flower shops and even pharmacies that fill ointment into plastic cans.”

Failure to sign up under the Packaging Act often leads to an admonition notice

According to Onlinehändler News, a publicly accessible list makes it possible to see who is complying with their packaging obligations. This is reflected in the high number of admonitions issued for failure to register under the Packaging Act. According to the report, online retailers receive mail time and again because they cannot be found in the Register. This is also confirmed by the current admonition radar of shop operator blogs.

Help with LUCID and dual system registration

The take-e-way consultancy team will be pleased to assist you. Please call +49/40/750687-0 or send an e-mail to beratung@take-e-way.de with your questions on the Packaging Act, the LUCID registration and participation in a dual system.

This is where you will find additional useful EPR services for your sales via Amazon and similar providers.

Sebastian Siebert
Contact

Sebastian Siebert
Head of Advisory services

Phone: +49 40 750687-0

beratung@take-e-way.de

Christoph Brellinger
Contact

Christoph Brellinger
Head of Marketing & Public Relations

Phone: +49 40 750687-0

presse@take-e-way.de

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