Spain packaging EPR: why your power of attorney is stuck on “Pendiente de bastanteo”, and what the 22 October 2026 change fixes

2026-11-03 · IberTrust Global

From our case files · five Spanish packaging EPR authorisations we filed between 29 September and 23 October 2026, all anonymised

In late September a foreign producer sent us everything we had asked for: its Spanish tax number (NIF) and a notarised power of attorney with an apostille. We uploaded the power to Spain's electronic register of powers of attorney the same day. A month later the status still read “Pendiente de bastanteo”, and the producer asked the question we now hear in every such file: “So are we registered for packaging in Spain or not?”

Not yet. The delay sits one step before packaging, in a step most guides skip: proving that your authorised representative may act for you at all.

Where this step fits

Under Royal Decree 1055/2022, a producer that is not established in Spain and sells packaged products to Spanish users must appoint an authorised representative in Spain. That representative registers the producer in the producer register, packaging section, run by the Ministry for the Ecological Transition (MITECO) on its electronic office (procedure 1523222), and later files the annual declarations.

To file in the producer's name, the representative needs a power of attorney in the Electronic Register of Powers of Attorney (REA-AGE), used through the “Apodera” application and regulated by Order PCM/1384/2021. There are two ways in:

The producer grants the power itself, signing electronically. The representative accepts, and the power is valid at once. No legal review.
The representative registers the power and uploads a notarial or electronically signed document. Then the ministry's legal service must issue a bastanteo, a formal opinion that the document is sufficient (Article 6.3). Until then the status is “Pendiente de bastanteo” and the power has no effect.

Foreign producers without a Spanish electronic certificate usually end up in the second route.

What we saw in five files

Five foreign producers, each with a Spanish NIF and a notarised, apostilled power naming our company and the MITECO procedures, filed between 29 September and 23 October 2026.
At our last check on 29 October, all five were still pending bastanteo, the oldest after a full month. No remarks, no request for documents.
The producer register told us it does not handle bastanteo and referred us to the ministry's legal service, which sent only an automatic acknowledgement.

Our reading: the documents are not rejected; they wait in a manual queue. Plan for weeks, not days.

What changed on 22 October 2026

A Resolution of 12 October 2026 (BOE of 21 October, in force from 22 October) added a new way to register powers in the REA-AGE. Its preamble admits that notarial powers, which always need bastanteo, prolong the time before a power takes effect. The new flow:

The representative fills in the standard electronic REA form with the content of the power.
The producer signs it electronically, or in person at a government registry assistance office in Spain.
Because the form is a validated model, there is no individual bastanteo.

Our practical interpretation: this helps only producers who can sign electronically in the Spanish system or visit an office in Spain. For a foreign company with no Spanish electronic ID, the notarial power and the bastanteo queue remain. We have not yet completed a file through the new flow, and we check case by case which foreign electronic IDs work.

The three routes compared

Route	What the producer provides	Legal review	When the power works	Fits
A. Notarial power uploaded by the representative	Notarised, apostilled power naming the representative and procedures; Spanish text or sworn translation	Yes, individual bastanteo	After a favourable bastanteo; no published deadline	Producers with no way to sign electronically in Spain
B. Producer grants the power in Apodera	Electronic signature of its legal representative	No	When the representative accepts	Producers whose representative already holds a Spanish certificate
C. Standard form, since 22 October 2026	Electronic signature of the form, or signature at a registry office in Spain	No individual bastanteo	When the producer signs	Producers that can sign electronically or visit Spain

For many foreign companies, the realistic way into routes B and C is a Spanish representative certificate from the FNMT, the Spanish mint. It is not a shortcut: the company needs its NIF first, the person a Spanish NIF or NIE, and the FNMT asks for a registry certificate issued within 15 working days, apostilled and translated, plus an identity check. But once issued, it works for other Spanish procedures too.

Checklist for the notarial route

Name the representative exactly: legal name and Spanish tax number.
Name the authority and the procedures: MITECO, the packaging producer register and the annual declarations.
Prove the signatory's authority with a recent company register extract.
Notarise and apostille (or legalise, depending on the country).
Language: a sworn Spanish translation, or a bilingual power that includes a Spanish version.
Match the tax record: company name, NIF and address should be identical to your Spanish NIF record.
Representative side: a company acting as representative must declare that its articles allow it to represent third parties (Article 3.4(h)).

Common mistakes

Treating “authorisation submitted” as “registered”. The registration number only comes after the power is valid and the producer file is accepted.
A power that does not mention MITECO or the packaging procedures.
No register extract, or an outdated one, so the signatory's authority cannot be checked.
Translations made from a translation rather than the original. We flag these as a risk before filing.
An old address or a former tax representative still on the Spanish NIF record. Consider updating it first.
Planning the electronic-certificate route before the company has a Spanish NIF. It cannot start without one.

Who this does not apply to

Producers established in Spain register themselves. Sellers buying from a Spanish importer that registers the packaging are not the producer for those goods. Producers already holding a Spanish representative certificate can use route B. Spanish Tax Agency procedures and the WEEE or battery registers have their own access rules.

FAQ

What does “Pendiente de bastanteo” mean?

The legal service has not yet confirmed that the uploaded power of attorney is sufficient. Until it does, the authorisation has no effect and the representative cannot file in your name.

How long does bastanteo take?

We have not found a published processing time. In our files, the oldest had waited over a month at our last check on 29 October 2026.

Does the 22 October 2026 change remove the need for a notarial power?

Only if your company can sign the standard REA form electronically or at a registry office in Spain. Otherwise the notarial power and bastanteo remain.

Can we get a Spanish electronic certificate without a Spanish NIF?

No. The FNMT representative certificate requires the company's NIF and a Spanish NIF or NIE for the person.

Is the authorisation the last step?

No. After it, the producer joins a collective scheme (SCRAP), the representative files the registration with the scheme's membership certificate, and annual declarations follow.

Planning packaging EPR in Spain?

IberTrust Global S.L. acts as authorised representative for packaging EPR in Spain, from the NIF and power of attorney to the MITECO registration. Send us your company documents before you notarise anything, and we will tell you which route fits.

Ask about Spain packaging EPR →
Or email contact@ibertrust.info.

Sources: Resolution of 12 October 2026 of the Secretary of State for Public Service, BOE-A-2026-21875 (BOE, 21 October 2026); Order PCM/1384/2021, Articles 3, 4 and 6 (BOE-A-2021-20479); Punto de Acceso General, REA FAQ; FNMT, documentation for entities with NIF N; Royal Decree 1055/2022; MITECO, producer register – packaging section; IberTrust case files (anonymised). General information, not legal advice.