In brief

The Spanish legal framework on packaging and packaging waste that entered into force in December 2022 substantially modified the regulation of packaging and packaging waste in an effort to implement a circular economy in Spain. Most of the obligations have already entered into force. However, certain marking and information obligations will enter into force on 1 January 2025. 

In more detail

Royal Decree 1055/2022, of 27 December, on packaging and packaging waste (“RD 1055/2022”) substantially modified the Spanish regulation of packaging and packaging waste in an effort to implement a circular economy in Spain. The main novelties of RD 1055/2022 were focused on preventing the generation of packaging waste, but it also included some modifications related to the design and marking of products and their packaging. RD 1055/2022 entered into force on 29 December 2022, except for the marking and information obligations established in its Article 13, which will enter into force on 1 January 2025.

Article 13 of RD 1055/2023 sets out several information and marking requirements for packaging placed on the Spanish market. Some of these requirements are voluntary, but others are mandatory. For example, as of 1 January 2025, all packaging must indicate that it is reusable and include the symbol associated with the deposit, return and refund system (when reusable). Another significant new requirement is that, as of 1 January 2025, it is forbidden for any packaging to include the wording “environmentally friendly” (“respetuoso con el medio ambiente”) or any equivalent text that could lead someone to abandon the packaging in the environment. There are also new requirements for compostable plastic packaging and to indicate whether the packaging has been made with recycled materials and/or is recyclable. The new regime provides clearer information to consumers and avoids misleading them.

Probably one of the most significant obligations from Article 13 applies to domestic packaging: As of 1 January 2025, domestic packaging will have to indicate the fraction or container in which it must be deposited once it becomes waste. In the case of packaging manufactured with different materials, if they can be easily separated, it is mandatory to indicate the fraction or container in which each part/material of the packaging must be deposited. If separation is not possible, it must indicate the fraction or container corresponding to the majority material in weight, unless a better alternative is proven.

Article 13 of RD 1055/2022 does not establish specific rules for the configuration of this marking (size, form, signing, etc.). It only states that this marking must be included either on the packaging or the label, must be visible and easily legible, and must have adequate persistence and durability even after the packaging has been opened.

There is also an EU proposal for the Packaging and Packaging Waste Regulation (PPWR) in the pipeline, which aims to harmonize the rules on packaging and labeling across the member states. The EU proposal was adopted in April 2024, and the final text is expected to be published by the end of 2024. However, the marking obligations contained in it seem to be less burdensome than the Spanish ones, as they will not oblige producers to include information about the fraction or container in which the packaging waste must be disposed of. Instead, the packaging will have to indicate the material composition “in order to facilitate consumer sorting” (Article 11.1 PPWR), and the sorting information will only have to be included on the waste containers for the collection of packaging waste (Article 12.1 PPWR).

Despite this, according to the abovementioned draft, the PPWR obligations will enter into force within approximately 42 months (i.e., more than three years) from the entry into force of the PPWR. Therefore, for now, producers placing their packaged products on the Spanish market now have less than three months to adapt their packaging to the abovementioned marking and information requirements of Article 13 of RD 1055/2023.

For more information or if you need individual advice for your company, please contact our team of experts.