Growing concern about the environmental impact of packaging has led to the creation of a legal framework that transforms the way packaging is manufactured, distributed and managed. The packaging and packaging waste regulations, set out in Royal Decree 1055/2022, establish concrete measures to promote a circular economy and ensure that packaging is manufactured and subsequently managed in an efficient and sustainable manner.
What does Royal Decree 1055/2022 regulate?
The Royal Decree 1055/2022of December 27, establishes a legal regime applicable to packaging and packaging waste in Spain. Its objective is clear: to prevent and reduce the environmental impact of packaging throughout its life cycle, from its design and placing on the market to its treatment as waste.
This Royal Decree reinforces the commitment to the circular economy and promotes practices such as prevention, reuse and proper management of packaging waste. It also adapts Spanish legislation to European Union guidelines and is part of the Spanish Government’s Recovery, Transformation and Resilience Plan.
Who is affected by these regulations?
The regulation has a direct impact on all the agents involved in the packaging value chain: manufacturers, packers, distributors, retailers, consumers, waste managers and public administrations. It introduces the Extended Producer Responsibility (EPR)It introduces Extended Producer Responsibility (EPR), obliging those who place packaging on the market to take responsibility for its correct management.
In this regard, the Royal Decree highlights the following figures:
- Product Producers: Packers, importers and those who introduce packaged products into the Spanish market for the first time must assume the costs and organization of the treatment of this waste. Also considered as Product Producers are businesses that use service packaging and e-commerce platforms.
- Manufacturers and economic agents: Includes manufacturers of raw materials, producers of empty packaging and processors. All must comply with requirements on sustainability, recyclability and traceability of packaging.
- Retailers and distributors: Food retailers, especially those larger than 400 m², are required to encourage bulk sales, reduce single-use packaging and offer reusable alternatives.
- Waste managers: Companies or entities authorized to collect and treat packaging waste must comply with current regulations and provide information on such collection and treatment to public administrations.
- Consumers: They must separate waste by material and use the appropriate containers. If deposit, return and refund systems (DRS) are implemented, they will have the obligation to return the corresponding containers through these systems.
- Public administrations: Municipalities, autonomous communities and the government have key roles in the organization of separate collection, control and supervision of regulatory compliance.
- Other agents: Including event promoters, logistics platforms, final holders of commercial and industrial waste, and collective responsibility systems (SCRAP), which must meet recycling and traceability targets.
What types of packaging are regulated by the Royal Decree?
The packaging and packaging waste regulations cover all packaging placed on the Spanish market and the waste derived from its use, regardless of the material or sector of origin. They are classified into three main groups:
- Household packaging
Packaging designed for particular consumer products. They include primary (such as bottles), secondary (such as product groupings) and tertiary (such as transport boxes). They are present in supermarkets, stores and online stores.
- Commercial packaging
Packaging used in stores, restaurants, offices or services. Although they do not reach the final consumer, they must be managed according to regulations due to their volume and nature.
- Industrial packaging
Intended for industrial, agricultural, forestry or aquaculture production processes. They are larger and require specialized treatment.
Main obligations in packaging management
The regulation reinforces Extended Producer Responsibility (EPR), now mandatory for all packaging: household, commercial and industrial. Product Producers are the ones who must organize and finance its correct management after its use. The main obligations include:
- Mandatory registration
All Product Producers must register in the packaging section of the Product Producers Register. They must annually declare the packaging placed on the market and its typology. They are also obliged to join a SCRAP or form a SIRAP to fulfill their obligations as Product Producers.
- Prevention and reuse
More ambitious targets are set to reduce packaging consumption, encourage the use of reusable packaging and promote bulk sales.
- Cost modulation
Contributions to RAP systems will be calculated not only by weight or volume, but also by criteria such as recyclability, reusability or environmental impact of the packaging.
- Deposit, return and refund systems (DRS)
May be mandatory for reusable packaging or for some single-use plastic packaging if collection and recycling targets are not met.
Penalties for non-compliance with regulations
Failure to comply with packaging and packaging waste regulations may result in administrative penalties, as set forth in the Law 7/2022The Company is subject to administrative sanctions, as set forth in Law 7/2022, the Industry Law and consumer protection legislation.
The Autonomous Communities can open sanctioning procedures against Product Producers or RAP systems (collective or individual) that fail to comply with their obligations. These sanctions may involve:
- Suspension of RAP system activities in the autonomous region.
- Total or partial execution of the financial guarantee.
- Financial compensation to local entities if waste ends up in the municipal collection system (urban cleaning, parks, etc.).
The entry into force of Royal Decree 1055/2022 is a decisive step towards more responsible packaging management in Spain. The packaging and packaging waste regulations not only impose obligations, but also offer a real opportunity to improve the sustainability of companies and the environment. Knowing its implications is key to adapting to the new legal context, avoiding penalties and actively contributing to the common goal: a more circular, clean and efficient economic model.
Do not hesitate to contact Sircat if you have any questions regarding this or any other environmental regulation in the waste sector.
