Overview of Sustainability Requirements for Packaging

Sustainability Requirements for Packaging
Spain

The below version control table serves to document all updates made to the report. The purpose is to ensure the information is always accurate and up-to-date.

1. Overview of sustainability requirements for packaging (e.g. no single-use plastic)

Spain has recently updated its legislation on packaging and packaging waste, in line with the objectives of the European Commission. Law 7/2022 [1] on waste and contaminated soils for a circular economy and Royal Decree 1055/2022 [2] on Packaging and Packaging Waste were published in April and December 2022 respectively. 

Law 7/2022 establishes the fair framework for regulating the placing on the market of products in relation to the impact on the management of their waste, as well as the prevention, production, and management of waste, including the establishment of economic instruments applicable in this field, and to contaminated land.

Royal Decree 1055/2022 establishes the legal regime applicable to packaging and packaging waste with the aim of preventing and reducing its impact on the environment throughout its life cycle.

1.1 Key points for companies in Law 7/2022

• Two new state-level tax figures are introduced: the special tax on non-reusable plastic containers and the tax on the deposit of waste in landfills, incineration, and the consideration of waste.

• The marketing of single-use plastics such as straws, cotton swabs containing plastic, or beverage containers made of expanded polystyrene is prohibited.

• No later than January 1, 2023, food retail stores whose surface area is equal to or greater than 400 square meters will allocate at least 20% of their sales area to the offer of products presented without primary packaging, including sale in bulk or through reusable packaging. In addition, food establishments that sell fresh products and cooked food must accept the use of reusable containers.

• The design of the packaging will also be important. As of July 3, 2024, only single-use plastic products listed in Part C of Annex IV whose lids and plugs remain attached to the container during the intended use phase of said product may be placed on the market.  As of January 1, 2025, only PET bottles containing at least 25% recycled plastic can be placed on the market. And, as of January 1, 2030, only the bottles mentioned in section E of Annex IV that contain at least 30% recycled plastic may be placed on the market.

• Administrations must promote the use of non-bottled water through the installation of more sources, and the hotel and catering industry must serve non-bottled water for free.

• The destruction or disposal by landfill of unsold surpluses of non-perishable products such as textiles, toys or electrical appliances, among others, is prohibited unless such products must be destroyed in accordance with other regulations or for consumer protection and safety. Such surpluses will be allocated in the first place to reuse channels, including their donation, and when this is not possible, to the preparation for reuse or to the following options of the waste hierarchy.

• In addition to the collections of already existing separate waste, the obligation of new separate collections is introduced, among others, bio-wastes, textiles, used cooking oils, hazardous household waste, and bulky waste.

• As of July 1, 2022, the initial producers of hazardous waste, except the excentos, will be obliged to have a minimization plan that includes the practices they will adopt to reduce the amount of hazardous waste generated and its dangerousness.

1.2 Key points for companies in Royal Decree 1055/2022

• The extended producer responsibility scheme is developed, which provides for the extension of financial and organizational obligations to producers who place commercial and industrial packaging on the market. 

• A packaging section is created in the Register of Product Producers, and all producers are obliged to register and submit information on the placing on the market of packaging on an annual basis.

• Food retailers must take the necessary measures to present fresh fruit and vegetables that are marketed whole, except for the exceptions included, in bulk. In addition, food retailers with a sales area of 400 square meters or more shall allocate at least 20% of their sales area to the offer of products presented without primary packaging, including sales in bulk or in reusable packaging.

• Food retailers selling food and beverages in bulk will have to accept the use of reusable containers by consumers, who will be responsible for their packaging and cleaning.

• Percentages of recycled plastic content in packaging are set for 2025 - 2030, which producers should aim to achieve. This percentage is mandatory by Community mandate in the case of single-use plastic bottles. On the other hand, the regulation establishes marking obligations in relation to the container in which packaging waste must be deposited, as of 1 January 2025. 

• Reusable packaging will be subject to a deposit, return, and refund system in order to ensure the recovery of such packaging, except for certain special features when the right of use is transferred.

• Provision for labeling and marking packaging materials are established: Packaging can be marked to indicate the material it is made of, and symbols can be used to show if it is reusable or part of a deposit system. Packaging can also be marked to indicate participation in extended producer responsibility systems. The marking of phrases like "environmentally friendly" is prohibited. Packaging can be marked with the percentage of recyclable or recycled material, but this information must be obtained through independent evaluation. Compostable plastic packaging should be labeled with certification, and certain plastic packaging must be marked according to specific specifications. The markings should be visible, readable, and durable. Producers should provide information about composition and hazardous substances to waste packaging managers.

2. Expected regulatory changes 

No new regulatory developments/changes were identified.

3. References

1. Law 7/2022 on waste and contaminated soils for a circular economy

https://www.boe.es/buscar/act.php?id=BOE-A-2022-5809

2. Royal Decree 1055/2022 on Packaging and Packaging Waste

https://www.boe.es/buscar/act.php?id=BOE-A-2022-22690