Spain: Less than three months left to adapt to packaging

in short

The Spanish legal framework for packaging and packaging waste, which comes into force in December 2022, significantly changes the regulations on packaging and packaging waste in an effort to implement a circular economy in Spain. Most obligations are already in effect. However, certain marking and information obligations will come into effect on January 1, 2025.

Royal Decree No. 1055/2022 of 27 December on packaging and packaging waste (“Road 1055/2022”) significantly revise Spanish regulations on packaging and packaging waste in an effort to implement a circular economy in Spain. The main novelty of RD 1055/2022 is the prevention of the generation of packaging waste, but also relates to the design and marking of products and their packaging Some relevant modifications. RD 1055/2022 enters into force on December 29, 2022, except for the marking and information obligations under Article 13, which will enter into force on January 1, 2025.

Article 13 of RD 1055/2023 sets out a number of information and marking requirements for packaging on the Spanish market. Some of these requirements are voluntary, but others are mandatory. For example, from January 1, 2025, all packaging must indicate that it is reusable and include symbols related to deposits, returns and refund systems (when reusable). Another important new requirement is that from January 1, 2025, It is prohibited for any packaging to contain the word “environmental protection”“(“Environmental friendly”) or any equivalent text that may cause someone to discard the packaging in the environment. There are also new requirements for compostable plastic packaging and to indicate whether the packaging is made from recycled materials and/or is recyclable. The new system provides consumers with Provide clearer information and avoid misleading them.

One of the most important obligations in Article 13 may apply to Domestic packaging: From January 1, 2025, domestic packaging must indicate the portion or container in which it must be stored once it becomes waste. For packages made of different materials, if they can be easily separated, the section or container in which each part/material of the package must be stored must be indicated. If separation is not possible, the portion or container corresponding to the weight of the primary material must be identified, unless a better alternative is demonstrated.

Article 13 of RD 1055/2022 does not lay down specific rules for the configuration of this mark (size, form, signature, etc.). it only states The marking must be included on the packaging or label, must be clearly visible and legible, and must be of sufficient permanence and durability Even after the package has been opened.

The EU is also developing a proposal for a Packaging and Packaging Waste Regulation (PPWR), which aims to harmonize packaging and labeling rules across member states. The EU proposal was adopted in April 2024, and the final text is expected to be released by the end of 2024. However, the marking obligations contained therein appear to be less burdensome than those in Spain, as they do not oblige producers to include information on the parts or containers in which packaging waste must be disposed of. Instead, packaging must indicate the material composition “to facilitate consumer classification” (PPWR Article 11.1), and classification information need only be included on the waste containers used to collect packaging waste (PPWR Article 12.1).

Nonetheless, according to the above draft, the PPWR obligations will take effect approximately 42 months (i.e. more than three years) after the PPWR comes into force. Therefore, currently, manufacturers placing their packaged products on the Spanish market have less than three months to adapt their packaging to comply with the above-mentioned marking and information requirements of Article 13 of RD 1055/2023.

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