New law on waste for Spain: Plastic tax & new obligations for foreign producers

Spain implemented a new law on waste on the 9th of April 2022, a single day after publishing it. There has been a significant impact, especially for packaging compliance and foreign producers.

Plastic tax

The law on waste introduces a tax on non-recycled plastic content in non-reusable ‘empty’ or ‘product containing’ plastic containers from 1-1-2023. The fee will be 450 EUR per ton of plastic that is put on the market in those categories. The threshold is 5 kilograms of plastic per month. If you go over this threshold, you as a company are liable for the plastic tax.

Foreign producers are also obligated and required to declare through an Authorized Representative (AR).

Registration obligation for foreign producers

In title IV of the law on waste, it is mentioned that all foreign producers are now allowed to appoint AR’s for all EPR-subjected products. Any changes from compliance schemes are yet to be announced but this strongly suggests, and Pincvision expects, that starting soon all foreign producers are officially obligated to take responsibility for all EPR products that are put on the Spanish market.

E-commerce

Title IV of the law on waste also mentions the e-commerce obligations. E-commerce platforms, as in Germany and France, are now allowed to assume obligations of unregistered sellers through a single registration. Moreover, e-commerce platforms are now obligated to assume producer obligations for any unregistered producer that is selling through their platform. Platforms must assume obligations and they may take over from their customers, but also demand from their customer that they register themselves.

Pincvision for your Environmental compliance obligations

You can reach out to us in case you have any questions regarding Environmental compliance. We will keep you informed about the development regarding environmental obligations and enforcement, or other topics which will be mentioned in our newsletter. Would you like to be sure that you don’t miss out on anything? Subscribe to our monthly newsletter!

Source: Law on Waste

19 May 2022 at 12:58 pm
3 min
Published by:
Joris te Pas
Environmental Compliance Specialist
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