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.

Document titled GPSR with a magnifying glass placed over a warning sign
General Product Safety Regulation (EU) 2023/988 obliges
GPSR Risk Analysis Required

Mandatory for almost every product: According to the GPSR, producers must draw up technical documentation for the products they place on the market. The technical documentation must be based on an internal risk analysis.

Icon of a document being signed
General Product Safety Regulation requires Responsible Person
EU Responsible Person Service for the GPSR and more

Since 16 July 2021, it is against the law to sell products with CE marking without a Responsible Person in the EU. In addition, a Responsible Person must also be specified in accordance with the General Product Safety Regulation (EU) 2023/988.

Personal EU Batteries Regulation Training
Ready for the new Batteries Regulation (EU) 2023/1542

Find out which obligations the EU Batteries Regulation places on you and how to deal with them in your specific case. Receive comprehensive information on how to implement your obligations with regard to labelling, battery passport, EPR and due diligence obligations in the supply chain.


EU Packaging Regulation Agreement

For sellers, a maximum empty space percentage of 50% is set for outer packaging, transport packaging and packaging for e-commerce. Producers and importers are obliged to ensure that the weight and volume of the packaging is minimised.

As reported by the European Parliament and the European Council, the Council Presidency and the representatives of the European Parliament reached a provisional political agreement on 4 March 2024 on a proposal for a regulation on packaging and packaging waste (PPWR) after the EU Packaging Regulation was initially blocked (take-e-way reported). The agreement is to be regarded as provisional until it is formally adopted by both institutions.

The provisional agreement retains most of the sustainability requirements proposed by the Commission for all packaging placed on the market and the core targets. Here are selected elements of the agreement:

  • The requirements for substances contained in packaging will be tightened by introducing a restriction on the placing on the market of packaging that comes into contact with food and contains perfluorinated and polyfluorinated alkyl substances (PFAS) above certain thresholds
  • The core targets for 2030 and 2040 with regard to a minimum recycled content in plastic packaging are retained (compostable plastic packaging and packaging whose plastic content is less than 5% of the total weight of the packaging are to be excluded from these targets)
  • three years after the entry into force of the Regulation, the Commission is required to assess the state of technological development of bio-based plastic packaging and, on the basis of this assessment, to establish sustainability requirements for bio-based ingredients in plastic packaging
  • For the retail sector, a maximum void fill rate of 50% is set for secondary packaging, transport packaging and packaging for e-commerce
  • Producers and importers are obliged to ensure that the weight and volume of the packaging is minimised - unless the design of the packaging is protected (provided this protection was already in force at the time the regulation came into force).
  • New binding reuse targets for 2030 and indicative targets for 2040 are set. The targets vary depending on the type of packaging used by economic operators, e.g. transport and sales packaging (excluding packaging for hazardous goods or large appliances and flexible packaging that comes into direct contact with food) and secondary packaging. Cardboard packaging is also generally exempt from these requirements.
  • A general, renewable, five-year exemption from meeting the reuse targets will be introduced, which will apply under certain conditions. The new rules also exempt micro-enterprises from meeting these targets and provide for the possibility for economic operators to form pools of up to five final distributors to achieve the reuse targets for beverages.

Next steps: The provisional agreement will be submitted to the representatives of the Member States in the Council (Coreper) and the Parliament's Environment Committee. If the text is approved, it must then be formally adopted by both institutions before it is published in the Official Journal of the EU and enters into force. The regulation will be applied 18 months after its entry into force.

Ntv reports, citing government circles, that the German government will agree to the compromise reached by the Commission, Council and EU Parliament. The VERE Association has also received corresponding information from the circles involved.

No time to follow further developments in the EU Packaging Regulation in detail? trade-e-bility keeps you up to date with its Legal Monitoring Service.

take-e-way will be happy to answer your questions about WEEE, the Electrical and Electronic Equipment Act, the Batteries Act, the Packaging Act / packaging subject to system participation and the EPR on +49/40/750687-0 or and will help you with registration/licensing.

For information on our international compliance services in connection with the placing on the market of electronic devices, batteries/rechargeable batteries and packaged products or packaging, please click here:

Sebastian Siebert

Sebastian Siebert
Head of Advisory services

Phone: +49 40 750687-0

Christoph Brellinger

Christoph Brellinger
Head of Marketing & Public Relations

Phone: +49 40 750687-0

Services & Contact