Royal Decree 1055/2022, of December 27, on packaging and packaging waste, introduces new regulations that apply throughout the country. This regulation brings with it new obligations for all product producers, i.e. for all companies that place packaged products on the domestic market, either because they are packagers or because they are involved in the import or marketing of packaged products in the EU. Its purpose is to establish the legal framework for packaging and its waste, in order to prevent and reduce its environmental impact throughout its life cycle.
The new packaging and packaging waste regulation represents a major change in the way companies must approach the management of their packaged products. One of the key aspects is Extended Producer Responsibility (EPR), which makes companies responsible for the collection and treatment of waste generated by their products. This means that the costs of managing this waste will not fall directly on the public administration, citizens or the environment, but will be borne by the companies themselves.
Another relevant obligation is the creation of or adherence to an Extended Producer Responsibility System (EPRS or EPRS), which will allow companies to comply with certain obligations related to the management of packaging waste. These collective systems will facilitate the logistics and treatment of waste, ensuring compliance with the recycling and recovery objectives established by the regulations.
1. Who is subject to this Royal Decree?
- If you package your own products, you are considered a packer, regardless of the type of packaging or material used.
- If you import or purchase prepackaged products from other EU Member States, or if you distribute prepackaged products, you are considered an agent introducing prepackaged products into the domestic market.
2. Which containers are impacted?
- The regulation covers all commercially marketed packaging, regardless of its use in industry, commerce, offices, commercial establishments, services, homes, or any other place, and regardless of the materials used.
3. How does this Royal Decree impact me?
- The main duties include:
a. Registration in the Register as a Producer of Product (RPP)
b. Annual declaration to MITECO of the packaging placed on the national market, in order to comply with the responsibility in the management of packaging waste.
c. Define a Corporate Packaging Prevention Plan.
d. Assume Extended Producer Responsibility (EPR), being responsible for the collection and treatment of the waste generated by their products so that this cost does not have a direct impact on the administration, on citizens who do not consume the product, or on the environment.
e. Create or adhere to an extended producer responsibility system (EPRS / EPRGS) for the management of certain obligations.
