European legislation
Since August 12, 2026, Regulation (EU) 2025/40 on packaging and packaging waste has been in force, altering the definitions of 'manufacturer' and 'producer'. This change requires Spanish companies, especially those in the fruit and vegetable sector, to reassess their registration in the Register of Product Producers and their legal responsibilities.
The entry into force of Regulation (EU) 2025 / 40 The regulation on packaging and packaging waste, effective since August 12, introduces a key regulatory change for companies operating in the Unión EuropeaThe main consequence in España It is the direct application of the new European definitions of 'manufacturer' y 'producer', which forces many companies to reassess their obligations under the regime of extended producer responsibility.
New definitions of 'producer' and 'manufacturer': a paradigm shift
Although España It already had a legal framework through the Royal Decree 1055 / 2022Whereas the Producer's Register was established, EU regulations now prevail in defining responsible economic operators. This means that companies not previously considered 'producers' may be required to register and assume new responsibilities, while others may lose that status.
This readjustment is particularly critical for the fruit and vegetable and nursery sectors . For these companies, 'producer' status will now depend on the specific way in which their packaged products are first introduced to the market in each Member State, including Spain. The initial marketing method thus becomes the determining factor.
For companies already correctly registered in the Product Producers Register, the new regulation does not require re-registration. However, it is imperative that they verify whether their status remains valid under the new European definition and whether the information previously submitted to the register is still valid and accurate.
The role of FEPEX and the obligations for manufacturers
Anticipating this scenario, the Federación Española de Asociaciones de Productores Exportadores de Frutas, Hortalizas, Flores y Plantas vivas (FEPEX) has carried out exhaustive monitoring of the regulations. As part of its work supporting the sector, the Departamento Técnico de FEPEX It organized a webinar on July 29 to analyze in detail the new definitions and their practical implications for companies in the federation.
In parallel, since August 12, obligations have also been in place for packaging manufacturers. They must ensure that all packaging placed on the market complies with the regulation's requirements. However, the regulation establishes a phased implementation schedule for many of the technical requirements, which will be applied gradually over the coming years.
| Key Regulations | Area of application | Relevant Date | Main Implication |
|---|---|---|---|
| Regulation (EU) 2025 / 40 | Unión Europea | August 12th, 2026 | It establishes new definitions of 'manufacturer' and 'producer' that are directly applicable. |
| Royal Decree 1055 / 2022 | España | Preexisting | It regulates the Register of Product Producers and extended responsibility at the national level, now subject to EU definitions. |
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