By Razvan Toma · Founder · Last checked 4 October 2026 · Sources linked below
MITECO says no. Its note of 13 August 2026 says that a manufacturer that already has a subsidiary (filial) in Spain does not need to designate an authorised representative, since the natural person named in the digital representative certificate, or as attorney in the REA power, already acts as such. Who is then the producer for which goods depends on who sells to the end user: if the subsidiary buys from you and resells in Spain, it is the producer for those goods. A branch does not count: it has no legal personality. Sources (2)MITECOMITECO — Nota interpretativa sobre el productor conforme al Reglamento (UE) 2025/40, v2, 13 August 2026 (PDF)Regulation (EU) 2025/40 (PPWRegulation (EU) 2025/40 (PPWR), Article 45
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