Real Decreto de envases y residuos de envases

Royal Decree 1055/2022, of 27 December, on packaging and packaging waste governs the prevention, design, reuse and management of packaging in Spain, as well as extended producer responsibility in this area.

It is a key part of Spanish environmental policy. It replaced the earlier Royal Decree 782/1998 and adapts the legal framework to the requirements of Directive (EU) 2018/852, which amends Directive 94/62/EC on packaging and packaging waste. Its goal is to reduce the environmental impact of packaging, boost reuse and recycling, and move towards a circular economy.

Context and rationale

Spain is one of the European countries with the highest packaging consumption, particularly single-use plastics, and a significant share of plastic packaging is still not recycled. The Royal Decree was introduced to:

• Meet EU recycling and landfill reduction targets.
• Respond to public concern about plastic pollution.
• Strengthen the responsibility of producers and distributors.
• Introduce measures such as deposit-return systems (DRS).

Main objectives

1. Prevent the generation of packaging waste.
2. Boost reuse in sectors such as hospitality, food service and large retail.
3. Ensure the recyclability of all packaging placed on the market.
4. Promote separate collection and high-quality recycling.
5. Develop extended producer responsibility (EPR) schemes.
6. Introduce economic instruments to discourage single-use packaging.

Key new measures

1. Reuse obligations in hospitality and retail

• In bars and restaurants, customers must be able to choose between reusable packaging and recyclable single-use packaging, and to be served tap water.
• Retailers must accept reusable containers brought by consumers.
• Large retailers face progressive targets for selling beverages in reusable packaging (10% by 2025 and 25% by 2030).

2. Design for recyclability

• All packaging placed on the market must be recyclable, reusable or compostable.
• Packaging that hinders separation (such as non-recyclable multilayer formats) is discouraged or banned.

3. Deposit-return systems (DRS)

• Mandatory DRS can be introduced if separate collection targets are not met, for example for single-use PET plastic bottles.
• The approach draws on successful models in countries such as Germany, the Netherlands and Norway.

4. Extended producer responsibility (EPR)

• Producers must finance the collection, sorting and treatment of packaging.
• EPR is extended to new streams, including commercial and industrial packaging, not just household packaging.
• Producers must register in the Register of Producers.

5. Measures against single-use plastics

• Bans on certain products already covered by the Single-Use Plastics Directive (2019/904/EU).
• A target to reduce single-use plastic bottles, with a 50% reduction by 2030 compared with 2022.

6. Reporting and transparency

• Companies must report the packaging they place on the market.
• Penalties for non-compliance, aligned with Law 7/2022, of up to 3.5 million euros.

Obligations for companies

1. Producers and importers of packaging
   • Registration in the Register of Producers.
   • Joining a collective EPR scheme or setting up an individual one.
   • Designing recyclable packaging with a minimum recycled content.
2. Retail and distribution
   • Accepting reusable containers from consumers.
   • Offering unpackaged tap water in restaurants and bars.
   • Meeting progressive reuse targets.
3. Hospitality
   • Serving products in reusable tableware for on-site consumption.
   • Allowing customers to take away food in their own containers.

Obligations for public administrations

• Implementing separate collection systems for packaging.
• Running public awareness campaigns.
• Overseeing compliance with EPR obligations.
• Periodically assessing progress against national and European targets.

Penalty regime

The Royal Decree provides for penalties in line with Law 7/2022:

• Minor infringements: up to 2,000 euros.
• Serious infringements: up to 600,000 euros.
• Very serious infringements: up to 3.5 million euros.

Benefits of the new rules

• Lower environmental impact from packaging.
• Higher-quality recycling thanks to better separate collection.
• A boost for business models based on reuse.
• Green jobs in recycling and packaging management.
• Compliance with EU commitments.

The Royal Decree and the circular economy

The packaging Royal Decree is a key instrument in deploying the circular economy in Spain, because it treats packaging as a resource rather than waste by promoting recycling and reuse. It forms part of the Spanish Circular Economy Strategy 2030, which sets targets for reducing waste and increasing the use of recycled materials in packaging.

At Manglai we help companies measure their environmental impact and prepare their sustainability and packaging reporting in line with Spanish and European requirements. Discover how Manglai can help you.