THE MINISTRY OF ECOLOGICAL TRANSITION AND THE DEMOGRAPHIC CHALLENGE SECRETARY OF STATE FOR THE ENVIRONMENT DIRECTORATE-GENERAL FOR ENVIRONMENTAL QUALITY AND ASSESSMENT

DRAFT ROYAL DECREE ON PACKAGING AND PACKAGING WASTE.

Version of 27 April 2022

TITLE I — General provisions and objectives 14

CHAPTER I. General provisions 14

Article 1. Purpose. 14

Article 2. Definitions. 14

Article 3. Scope. 18

Article 4. Packaging and Packaging Waste Planning Instruments. 18

Article 5. Economic instruments. 18

CHAPTER II. Prevention and reuse of packaging 18

Article 6. Prevention objectives. 18

Article 7. Prevention measures. 19

Article 8. Recycling targets. 20

Article 9. Recycling measures. 21

CHAPTER III Recycling and recovery of packaging waste 22

Article 10. Recycling targets and valuation. 22

Article 11. Measures to promote the recycling of packaging waste. 23

TITLE II. Extended Producer Responsibility 25

CHAPTER I. Package design and marking requirements 25

Article 12. Product design, safety requirements and conditions. 25

Article 13. Marking and Information Obligations. 26

CHAPTER II. Obligations to provide information on placing packaging
on the market 27

Article 14. Creating the packaging section in the Register of Product Producers. 27

Article 15. Inscription in the Register of Product Producers. 28

Article 16. Packaging Information Obligations. 28

CHAPTER III. Extended Producer Responsibility Scheme 29

Section 1. General obligations of the producer 29

Article 17. General Product Producer Obligations. 29

Article 18. Business plans of prevention and ecodesign. 30

Section 2. Individual and collective extended producer responsibility systems 32

Article 19. Constitution, communication and operation of individual extended producer responsibility schemes. 32

Article 20. Constitution, authorisation and operation of collective extended producer responsibility systems. 33

Article 21. General obligations of extended producer responsibility schemes. 35

Article 22. Additional obligations of collective extended producer responsibility schemes. 37

Article 23. General Scope of producers’ financial contribution to extended producer responsibility schemes. 38

Article 24. Subscription, scope and total amount of financial guarantees. 40

Article 25. Financial guarantees from individual systems. 41

Article 26. Financial guarantees from collective schemes. 41

Article 27. Forfeiture and replenishment of the financial guarantee. 41

Section 3. Extended Producer Responsibility Scheme for Domestic Packaging 41

Article 28. Obligations of producers. 41

Article 29. Extended Producer Responsibility Schemes Obligations for Domestic Packaging. 42

Article 30. Obligations of traders and distributors of packaged products. 43

Article 31. Consumer obligations. 44

Article 32. Obligations of local authorities. 44

Article 33. General government conventions with extended producer responsibility schemes for household packaging. 45

Article 34. Financing of household packaging waste management operations. 46

Section 4. Extended Producer Responsibility Scheme
for Commercial Packaging. 49

Article 35. Obligations of producers. 49

Article 36. Extended Producer Responsibility obligations for commercial packaging. 49

Article 37. Obligations of packaged product distributors. 50

Article 38. Obligations of final holders of commercial packaging waste. 51

Article 39. Obligations of local authorities. 51

Article 40. Financing of commercial packaging waste management operations. 52

Section 5. Extended producer responsibility regime for industrial packaging. 53

Article 41. Obligations of producers. 53

Article 42. Obligations of extended producer responsibility schemes for industrial packaging. 53

Article 43. Obligations of packaged product distributors. 54

Article 44. Obligations of final holders of industrial packaging waste. 55

Article 45. Financing of industrial packaging waste management operations. 55

Chapter IV. Deposit, refund and return System 55

Article 46. Compulsory deposit, refund and return system for reusable packaging. 55

Article 47. Compulsory deposit, refund and return system for certain single-use household packaging. 57

Article 48. Voluntary Establishment of the Deposit, Refund and Return System for Single Use Packaging. 59

TITLE III. Reporting obligations 60

Article 49. Information to public administrations. 60

Article 50. Information to consumers, users, the general public and non-governmental organisations. 60

Article 51. Administrative cooperation and information exchange. 61

TITLE IV. Control, inspection and sanctioning regime 61

Article 52. Control, monitoring and supervision by public administrations. 61

Article 53. Surveillance and Inspection. 62

Article 54. Penalties. 62

First additional provision. Medication Packaging Management. 63

Second additional provision. Application of the extended producer responsibility scheme to single-use plastic cups for beverages, including their lids and caps, included in Directive (EU) 2019/904 of the European Parliament and of the Council on reducing the impact of certain plastic products on the environment, which do not meet the definition of packaging. 63

Third additional provision. Application of the extended producer responsibility regime to capture and monitoring traps and diffusers using insecticides, pheromones and other products for agroforestry pest control. 64

First transitional provision. Transitional targets for recycling and recovery. 64

Second transitional provision. Adaptation to the new packaging marking provisions. 64

Third transitional provision. Information obligations of product producers for the years 2021 and 2022. 65

Fourth transitional provision. Adaptation to the new extended producer responsibility framework. 65

Fifth transitional provision. Regulation of financial guarantees. 65

Sixth transitional provision. Transitional arrangements for modulating producers’ financial contribution to extended producer responsibility schemes. 66

Sole repealing provision. Repeal of regulations. 66

First final provision. Amendment of Royal Decree 1378/1999 of 27 August establishing measures for the disposal and management of polychlorinated biphenyls, polychlorinated terphenyls and equipment containing them 67

Second final provision. Authorisation to pass legislation 68

Third final provision. Jurisdiction 68

Fourth final provision. Transposition of European Union law 68

Fifth final provision. Entry into force 68

Annex I — Illustrative examples of the interpretation of the definition of packaging. 69

ANNEX II. Rules on the calculation of the achievement of recycling targets. 70

ANNEX III. Basic requirements on packaging composition and on the nature of reusable and recoverable packaging, including recyclable packaging. 72

ANNEX IV. Registration and annual information to be provided to the Register of Product Producers in packaging matters. 73

Annex V. Contents of the communication of individual extended producer responsibility schemes for packaging. 74

ANNEX VI. Content of the application for authorisation of collective extended producer responsibility schemes for packaging. 75

ANNEX VII. Annual report on extended producer responsibility schemes. 77

ANNEX VIII. Criteria for modulating the financial contribution to collective extended producer responsibility schemes. 81

ANNEX IX. Calculation of the financial guarantee for extended producer responsibility schemes. 84

Annex X. Minimum content of public administration agreements with extended producer responsibility schemes for household packaging. 84

ANNEX XI. Criteria to be applied in the calculation of the financing of the cost of household packaging waste management. 86