Packaging (see definition in Article 3 of the draft Royal Decree)

Proyecto de Real Decreto de envases y residuos de envases (Draft Royal Decree on packaging and packaging waste) (87 pages, in Spanish)

The notified draft Royal Decree establishes general obligations for producers of packaged goods, whether in household, commercial or industrial packaging. Producers must comply individually or collectively through extended producer responsibility (EPR) systems. The draft includes various provisions on the establishment and functioning of EPR systems. It also sets out obligations for producers in the area of e-commerce.

It includes specific objectives on preventing the generation of packaging waste, as well as on reuse and recycled content. It also includes national objectives for separate packaging and recycling collections.

The draft determines the cost of packaging waste management to be covered by financial contributions from producers under the new European Union requirements on the matter. Regarding collective compliance with obligations, minimum criteria are also established to regulate financial contributions, taking into account the design of the packaging. The draft also introduces new marking requirements for packaging - for example, indicating its reusability, the section or container in which it should be deposited or, where applicable, the symbol associated with the deposit-return system.

It regulates the mechanisms needed to increase transparency and appropriate monitoring and control of producers' obligations in terms of both product marketing and product waste management. Lastly, the draft Royal Decree includes provisions on the deposit-return system for reusable packaging and some single-use beverage containers. With regard to the latter, and pursuant to Law No. 7/2022, the system will become obligatory if the objectives for the separate collection of single-use plastic bottles set for 2023 or 2027 are not met, and will also affect cans and cardboard packaging (cartons).