By Razvan Toma · Founder · Last checked 4 October 2026 · Sources linked below
No. MITECO's note of 13 August 2026, citing the Commission's PPWR guidance, says a branch (sucursal) has no legal personality of its own, and that being “established” refers to a natural or legal person constituted in the EU, not merely a branch. A company that has only a branch must constitute a subsidiary or appoint an authorised representative. A Spanish VAT registration or stock in a Spanish fulfilment centre is not a legal entity, so it does not establish you either. If you already have a Spanish subsidiary, MITECO says no separate representative is needed. 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