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Guide

Vape compliance in Spain for empty hardware

By the Empty Vapes trade desk. Published 2026-08-21, last updated 2026-08-21. How we write these.

Spain runs the EU frameworks like every member state, then adds national producer registers on top. Here is what an empty vape device needs in Spain, and which parts stay with you.

The EU baseline applies first

Everything on the EU compliance pillar applies in Spain. An empty vape device is electrical and electronic equipment with a built-in cell, so CE marking, RoHS 2011/65/EU, REACH 1907/2006, WEEE 2012/19/EU, the EU Battery Regulation 2023/1542 and GPSR 2023/988 all apply, with UN38.3 governing transport of the lithium cell.

The manufacturer draws up and signs the EU Declaration of Conformity. Putting your own brand on a device makes you the manufacturer in EU law, so the declaration and the technical file become yours. Buy stock hardware under the factory's own mark and its declaration stands while you act as importer or distributor. Settle which of the two you are before artwork goes to print, because it decides who holds the file.

What Spain adds is national: the registers, the reporting, and the rules on whatever goes into the device.

WEEE in Spain

WEEE is an EU directive, but the register is national. Spain transposed it through Royal Decree 110/2015 on waste electrical and electronic equipment, which is where the Spanish abbreviation RAEE comes from. A producer placing electrical and electronic equipment on the Spanish market enters a national producer register held by the industry ministry, then discharges collection, financing and reporting through a producer responsibility scheme. Confirm the current register name and filing route before you file; ministries are reorganised and portals replaced.

The producer is the business that first places the equipment on the Spanish market. For a brand importing hardware, that is the brand. It is not the overseas factory and it is not your wholesaler.

Two things follow that catch people out. The registration repeats: Spain, Germany, the Netherlands and Poland is four national registrations, not one European one. And being established somewhere in the EU is not the same as being registered in each market you sell into. Some national registers will not accept a company with no local presence. Whether you register directly or appoint a representative is a per-country question to confirm before your first shipment. The mechanics are in WEEE registration for vape brands.

Batteries and the Battery Regulation

The built-in lithium cell brings producer duties of its own, separate from WEEE, under the EU Battery Regulation (2023/1542). That means extended producer responsibility registration, take-back, reporting and battery labelling as the regulation phases in. Spain has run a national battery producer regime alongside RAEE for years and is adapting it as the regulation lands.

We do not name the Spanish instrument that governs your battery filing today, because that answer has been moving and a wrong one is expensive. Ask a Spanish adviser which register takes the filing now. Plan it alongside the RAEE registration and complete both before goods arrive; they are separate obligations with separate reporting. More detail in the EU Battery Regulation for vape brands.

The TPD and what you fill

Empty hardware sold without nicotine, e-liquid or a pre-filled pod is not a product under the Tobacco Products Directive (2014/40/EU) and carries no EU-CEG notification of its own. That is the position across the Union, and it is set out in TPD and empty vape hardware.

What you fill is a different question, governed by Spanish national law rather than by the hardware. A filled nicotine product brings notification, labelling and presentation duties that an empty device does not. Cannabinoids are governed separately again, and we do not summarise the Spanish position on any individual cannabinoid: it is national, contested and it has moved. None of that attaches to an empty device. All of it attaches to a filled one. Confirm the position for your fill with a Spanish specialist before committing to a formulation.

This page is general guidance for trade buyers and is not legal advice.

Who holds what

Obligations for empty vape hardware placed on the Spanish market
RequirementHeld bySpanish note
CE Declaration of ConformityThe manufacturer. You, if you brand the deviceEU-wide. No Spanish variant
RoHS and REACH evidenceSupplied by the factory, per SKUEU-wide. Request per SKU and per revision
UN38.3 transport reportFactory and freight forwarderConfirm the transit state-of-charge limit for your route
WEEE producer registrationYou, as the party placing the product on the marketUnder Royal Decree 110/2015. Confirm the current register and scheme
Battery EPR registration and take-backYouA separate scheme from RAEE. Confirm which register takes the filing now
GPSR responsible personYou, or an appointed party established in the EUHolds the technical documentation and answers to market surveillance
Spanish-language labelling and CR packagingYouScope depends on your finished product. Confirm before printing
TPD / EU-CEG notificationNobody, for empty hardwareAttaches to whoever places a filled nicotine product on the market
Rules on the substance you fillYou, via Spanish adviceNational, and separate from anything in the hardware file

What we could not confirm

Four items on this page are deliberately left open.

  • The current name of the Spanish producer register. Royal Decree 110/2015 is the law and RAEE is the standard abbreviation, but ministry names and portals change. Verify before filing.
  • Which instrument governs battery producer registration today. The national battery regime is being adapted to the EU Battery Regulation. We state no article, no register name and no commencement date for it.
  • Fees, thresholds and deadlines. We publish none. They differ by scheme and by volume, and a stale figure is worse than none.
  • Whether you may register directly or must appoint a representative. This is a per-country question that turns on your structure and on how you sell. Confirm it for Spain specifically.

Our own role stays narrow. We supply empty 510 cartridges and other empty hardware with CE, RoHS, REACH and EU Battery Regulation documentation on request, plus WEEE support, from around 500 units and with no container minimum. We do not fill, and we do not hold your registrations.

FAQ

Does empty vape hardware need TPD notification in Spain?
No. Sold empty, without nicotine, e-liquid or a pre-filled pod, it is not a nicotine product and carries no EU-CEG notification of its own. What you fill is governed by Spanish national rules. Confirm the finished-product position with a Spanish specialist.
Where does a producer register for WEEE in Spain?
Spain transposed the WEEE Directive through Royal Decree 110/2015, which is where the Spanish term RAEE comes from. Producers enter a national producer register held by the industry ministry and then discharge collection and reporting through a producer responsibility scheme. Register names and filing portals change, so confirm the current route before you file.
We are registered in another EU country. Does that cover Spain?
No. Being established somewhere in the EU is not the same as being registered in each market you sell into. WEEE and battery EPR registration is national and repeats in every market. Some national registers will not accept a company with no local presence, and whether you register directly or appoint a representative is a per-country question to confirm before selling.
Does Empty Vapes hold the Spanish registrations for us?
No. We supply the product-level documentation per SKU, including CE, RoHS, REACH and EU Battery Regulation evidence, plus WEEE support. The national registrations are held by the business that first places the product on the Spanish market, which is you. This is guidance, not legal advice.

Sources

Trade guidance for B2B buyers, not legal advice. We sell empty hardware only; you are responsible for the fill and for finished-product compliance in your market.

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