We inform you that the Regulation of Packaging and Packaging Waste (Royal Decree 1055/2022, of December 27), came into force on December 29, although the packaging marking part will enter on January 1, 2025.

This new regulation comes to adapt to European regulations, a pending account that Spain had for some time.

Its objective, in the words of the Ministry for ecological transition, is to advance in the implementation of the circular economy and achieve the new packaging recycling targets for 2025 and 2030.

Affected companies

The main parties affected by the regulation will be the packaging manufacturers (the economic agents dedicated both to the manufacture of packaging and to the importation or acquisition in other Member States of the European Union of empty containers already manufactured); the product packers (the economic agents dedicated to the packaging of products for their placing on the market); and recycling companies.

Packaging

This new legislation will only affect containers for domestic use, since industrial containers were already subject to similar regulations. Obligations are also imposed on retail businesses.

Main news

Basically, the legislative novelties revolve around the following 5 points:

• Some reduction objectives are set: achieve a reduction in the weight of packaging waste produced by 13% in 2025, and 15% in 2030; ensure that all packaging placed on the market is recyclable by 2030 and; achieve a 20% reduction by 2030 in the number of single-use plastic beverage bottles sold.
• Promotion of bulk sales: retail businesses must present fresh vegetables and fruits in bulk that are marketed whole-with some exceptions-. Specifically, businesses whose area is 400 square meters or more must allocate 20% of their area to the offer of products presented without primary packaging, including sale in bulk or through reusable packaging.
• Increase in reusable packaging: consumers will be able to go to retail stores with recyclable packaging to purchase bulk products. The consumer will be responsible for the conditioning and cleaning of these containers, and the merchant may refuse their use if they are dirty or inadequate.
• Promotion of recycling and marking: Europe has established percentages for the reduction of single-use plastic bottles that will be mandatory. Regarding the marking, the regulation comes into force as of January 2025, as has been said. The prohibition of marking products with the words "environmentally friendly" or any other equivalent that may lead to their abandonment in the environment stands out.
• Extended Producer Responsibility: Agents who professionally manufacture, process, treat or fill products see their obligations reinforced. The obligations set for these producers are above all in terms of information on the number of containers placed on the market each calendar year, indicating the plastic ones separately.

In short, the European mandate obliges member states to limit more and more (and with good judgment), the use and destruction of single-use plastic.