The main entities affected by the regulations will be packaging manufacturers (economic operators engaged in both the manufacture of packaging and the import or acquisition in other Member States of the European Union of already manufactured empty packaging); product packers (economic operators engaged in the packaging of products for their placement on the market); and recycling companies.
We inform you that the Packaging and Packaging Waste Regulation (Royal Decree 1055/2022, of December 27) came into force on December 29, although the part concerning packaging marking will come into force on January 1, 2025.
This new regulation is intended to adapt to European regulations, an outstanding issue that Spain has had for some time.
Its objective, in the words of the Ministry for ecological transition, is to advance the implementation of the circular economy and achieve the new packaging recycling targets for 2025 and 2030.
Affected companies
The main entities affected by the regulations will be packaging manufacturers (economic operators engaged in both the manufacture of packaging and the import or acquisition in other Member States of the European Union of already manufactured empty packaging); product packers (economic operators engaged in the packaging of products for their placement on the market); and recycling companies.
Packaging
This new legislation will only affect packaging for household use, as industrial packaging was already subject to similar regulations. It also imposes obligations on retailers.
Main new features
Basically, the new legislation revolves around the following 5 points:
- Reduction targets are set: to achieve a 13% reduction in the weight of packaging waste produced by 2025, and a 15% reduction by 2030; to ensure that all packaging placed on the market is recyclable by 2030; and to achieve a 20% reduction by 2030 in the number of single-use plastic beverage bottles on the market.
- Promotion of bulk sales: Retailers will be required to offer fresh fruits and vegetables sold whole in bulk—with some exceptions. Specifically, stores with a surface area of 400 square meters or more must dedicate 20% of their area to offering products presented without primary packaging, including bulk sales or sales in reusable containers.
- Increased use of reusable packaging: Consumers will be able to purchase bulk products from retailers using recyclable containers. Consumers will be responsible for the cleanliness and condition of these containers, and retailers may refuse to use them if they are dirty or unsuitable.
- Recycling promotion and labeling: Europe has established mandatory reduction targets for single-use plastic bottles. Regarding labeling, the regulations come into effect in January 2025, as mentioned. Notably, it prohibits labeling products with the words "environmentally friendly" or any equivalent that could encourage littering.
- Extended producer responsibility: agents who professionally manufacture, process, treat, or fill products have their obligations strengthened. The obligations established for these producers primarily concern reporting the number of packages placed on the market each calendar year, with a separate list of plastic packages.
In short, the European mandate obliges member states to increasingly (and wisely) limit the use and destruction of single-use plastic.
You can contact this professional office for any questions or clarifications you may have.
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A Àmbit Assessor, SL has 40 years dedicated to the tax, comptable and labor consultancy of the Pime.
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