Who’s a producer?
In accordance with Royal Decree 710/2015, of 24 July, amending Royal Decree 106/2008, on batteries and accumulators and the environmental management of their waste a producer is:
“any natural or legal person who, irrespective of the sales technique used
(including distance communication), places on the market for the first time
batteries or accumulators, including batteries or accumulators
incorporated into appliances or vehicles, in the context of a professional activity.”
-Manufacturers: If you manufacture in Spain, you are the producer (unless you manufacture for a third party under the brand of that other company, in which case the latter may, by agreement between the two parties, assume the status of producer instead of being the manufacturer).
-White label, own brand or distribution brand marketers: you can assume the condition of producer of the batteries and/or accumulators that you sell, even if they are manufactured in Spain by another company (by agreement between the parties you would be the producer).
-Importers; If you buy the batteries and/or accumulators from a Member State of the European Union or from a third country to sell them in Spain, you are a producer.
-Distributors: if you are the importer of the batteries and/or accumulators you market, you are a producer (importer) in relation to those batteries and/or accumulators. If all the batteries and/or accumulators that you market have been acquired from manufacturers or importers that are already producers in Spain, the distributor is not a producer.
-Distance seller: if the company or legal entity is established outside Spain and sells batteries and/or accumulators by means of distance communication directly to private households or professional users in Spain, it is a producer.
-Distance seller established in Spain: If all the batteries and/or accumulators that you market have been acquired from manufacturers or importers that are already producers in Spain, you are not a producer. If you import, you are a producer of those batteries.