In an effort to reduce the impact of packaging waste on the environment, Spain has published a draft of their proposed packaging regulations.

 In a similar fashion to France & Germany, Spain is proposing a very strict regime of packaging reduction and recyclability targets.

Under the “Royal Decree of packaging and packaging waste”, the definition of a producer is extended to the seller and online marketplaces, with importers taking responsibility if the seller cannot be identified.

If the bill comes into force without any changes, all producers will be required by law to register as a producer of packaging & packaging waste. If the seller is based outside of Spain or sells through a marketplace, the marketplace will inherit the role of producer and the seller will be required to appoint an authorized representative based within Spain.

All sellers both distanced and based within Spain must also display any registration information on any documentation that accompanies commercial transactions for packaged products. Alongside the registration documentation, sellers are required to label packaging detailing the percentage of recyclable material contained in the packaging.

Packaging distributed within Spain must also contain a specified minimum percentage of recyclable material as follows

· Beverage bottles – 25%

· All plastic packaging – 30%

From 2030, more requirements will be introduced:

· Plastic Jars – 35% including lids and caps

· Tubs, trays and other similar plastic items – 15%

· Plastic films such as liners and bags – 25%

· Secondary packaging using plastic films, such as bubble wrap – 50%

· Wholesale pallets and boxes – 60%

To incentivise producers to comply and even exceed the regulations, there will be a system of “substantial subsidies” for those who exceed, as well as penalties for “disruptive packaging”.

The bonus subsidies are based upon a flat rate in Euro’s, awarding up to €550 for every tonne of plastic packaging exceeding minimum PCR requirements by at least 10%.

Penalties will be applied on a percentage bonus where reasonable steps to ease the recycling process have not been taken, such as producing paper and cardboard printed with ink containing added mineral oils.
Spain intends to create a new separate “waste stream” to recycle appropriate packaging and materials more efficiently, introducing a 60% rate of collection for “household packaging” increasing by 5% every five years. There are also plans to introduce material-specific targets, such as glass bottles, which have an initial target of 60%, increasing to 90% by 2035.

Included in the draft, Spain has also revealed the reduction objectives and re-use quota for beverages.

You can read the key points of the reduction objectives below:
· All packaging is to be 100% recyclable by 2030

· Packers/fillers of commercial and industrial packaging by 40% in 2025, increasing to 60% in 2035

· Reuse of beverage packaging

o Beer 80% in 2025, increasing to 90% in 2030

o Water 50% in 2025, increasing to 60% in 2030

o Soft drinks and juices 70% in 2025, increasing to 80% in 2030

Here at TBA Global, we specialize in guiding clients through the EPR requirements sweeping Europe.
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