On 28 December 2022, Spain approved a Royal Decree 1055/2022 on Packaging and Packaging Waste.
This new decree regulates the management of packaging and packaging waste. It establishes the obligations of producers and importers of packaging, as well as the responsibilities of local authorities in the collection and management of packaging waste. The law aims to increase recycling rates, reduce the environmental impact of packaging, and promote the circular economy. It establishes targets by 2025 and 2030 for the recycling and recovery of packaging waste and sets specific requirements for the composition of packaging materials to facilitate their recyclability.
Overall, Royal Decree 1055/2022 is a step towards a more sustainable and environmentally friendly management of packaging and packaging waste in Spain.
Packaging requirements
- All packages should be recyclable by 2030.
- Manufacturers and importers shall only place on the market packaging that fulfills the following requirements:
- The sum of the concentration levels of lead, cadmium, mercury, and hexavalent chromium present in the containers or their components shall not exceed 100 ppm by weight.
- UNE-EN 13427:2005 "Packaging - Requirements for the use of European standards in the field of containers and packaging and their waste",
- UNE-EN13428:2005 "Packaging - Specific requirements for manufacturing and composition -Prevention by reduction at source”,
- UNE-EN 13429:2005 “Packaging - Reuse",
- UNE-EN 13430:2005 "Packaging -Requirements for containers and packaging recoverable by recycling materials”,
- UNE-EN 13431:2005 “Packaging - Requirements for containers and packaging that can be recovered through energy recovery, including the specification of the minimum lower calorific value"
- UNE-EN 13432:2001 "Packaging - Requirements for containers and packaging that can be recovered through composting and biodegradation. Test program and evaluation criteria for the final acceptance of the container or packaging"
- UNE-EN 15343:2008 «Plastics. Recycled plastics. Traceability and conformity assessment of the recycling of plastics and recycled content" or the standards that replace them.
- Product producers shall ensure that the non-compostable plastic packaging they place on the Spanish market has the following recycled plastic content:
- By 2025, packaging made from polyethylene terephthalate (PET): at least 25% recycled plastic, calculated as an average of all PET packaging you place on the market.
- In 2025, plastic packaging is not subject to the obligation of point (1): at least 20% recycled plastic, calculated as an average of all packaging of this type that you place on the market.
- By 2030, plastic packaging: at least 30% recycled plastic, calculated as an average of all the plastic packaging you put on the market.
- On top of that, in 2030 product producers shall try to ensure that the packaging made with non-compostable plastic reach the following percentage of recycled plastic content per packaging:
- 35% for bottles, carafes, and similar plastic articles of up to 5 liters of capacity, including its caps and lids in the total calculation of the packaging.
- 15% for boats, jars, tubs, trays, baskets, and other similar plastic items.
- 15% for plastic films used in primary packaging applications, including bagging, linings, peelable lids, or wrappers, among others.
- 30% for plastic films used in secondary or tertiary packaging applications, such as shrink wrap, liners, bags, bubble wrap, and envelopes, among others.
- 60% for wholesale pallets, boxes, drums, and storage containers, and other similar plastic items.
- In order to improve transparency and help consumers make informed decisions regarding the recyclability of packaging, the packaging may be marked indicating the percentage of recycled material it contains. This information must be certified by an accredited entity to issue certification under the standard UNE-EN 15343:2008 or any other standards replacing it.
- The packaging may be marked with the percentage of recyclable material. The information on the percentage of recyclability can only be indicated if it has been obtained through an auditable and certifiable evaluation by entities other than the packaging manufacturers and the product producers themselves.
- Packaging may voluntarily be marked to indicate the material composition, in accordance with the abbreviations or numbers regulated in Decision 97/129/EC.
- Domestic packaging shall indicate the instructions for disposal (as described in our article here).
- In the case of packaging made of different materials, if they could be separated easily, the waste bins where they should be deposited will be indicated.
- When the materials cannot be separated easily, or in the case of composite packaging, the waste bin corresponding to the predominant material by weight will be indicated, unless it is shown that there is a better collection alternative that would avoid possible incidents in the subsequent recycling process, meaning, in this case, the packaging in which it must be deposited.
- Reusable packaging, should have the symbol associated with the deposit, return and return system.
- Reusable packaging should have the corresponding symbol to be identified.
- Packaging that is compostable in domestic or industrial composting shall bear the indication “do not leave in the environment”.
- In the case of compostable plastic containers, the labeling will inform that the container is certified according to the European standard UNE EN 13432:2001.
- Lastly, packaging cannot bear the claim to be “environmentally friendly” or any other equivalent as it could lead to its abandonment in the environment.
Timeline
The Royal Decree 1055/2022 has been already into force. However, the marking obligations described above shall apply as of 1 January 2025.