Producer Obligations from January 1, 2025, under the Royal Decree on Packaging and Packaging Waste

1. Extended Producer Responsibility (EPR) for industrial and commercial packaging

From this year 2025, producers are required to assume Extended Producer Responsibility (EPR) for industrial and commercial packaging. This means that packaging companies must organize and finance the management of the waste generated by their packaging once it has fulfilled its function.

To do this, companies that cannot individually manage the waste from the packaging they use must participate in a Collective Extended Producer Responsibility System (SCRAP), which ensures the collection, treatment, and recycling of this waste at the points where the products are used. This system aims to ensure that packaging has an appropriate end-of-life destination, contributing to the circular economy. However, there have been delays in SCRAP authorizations, and to date, few have received final approval.

2. Registration in the Product Producer Registry (RPP)

Producing companies must register in the Product Producer Registry (RPP), managed by the Ministry for the Ecological Transition. During this process, they must declare the types, materials, and formats of the packaging they place on the market and update this information annually. This bureaucratic measure allows the authorities to establish control over the companies and their activities.

3. Inclusion of the Product Producer number and economic details on invoices

The registration number assigned by the RPP must appear on all invoices for packaged products issued to customers. Additionally, it is mandatory to include:

• The financial contribution made to the SCRAP for the packaging included in each invoice.
• The company’s registration number in the RPP.

This requirement forces companies to adapt their IT systems, for which many are not yet prepared. It adds an extra cost that is particularly burdensome for small businesses.

4. Eco-design plans for large packaging producers

The Royal Decree introduces the obligation to develop eco-design plans for producers who place a certain annual amount of packaging, measured by weight, on the market. These plans aim to optimize packaging design to reduce environmental impact, promote the use of recyclable materials, efficient resource usage, and waste reduction.

The eco-design plans must include:

• Actions to minimize the use of materials in packaging.
• Strategies to increase the recyclability and reusability of packaging.
• Specific improvement goals in the medium and long term.

This obligation particularly affects companies with higher volumes of packaging on the market, encouraging large producers to lead sustainability initiatives.

Although the idea of optimizing packaging to reduce its environmental impact is positive, many companies criticize the lack of clear guidance from the administration on how these plans should be structured and what evaluation criteria will be used.

Additionally, implementing eco-design improvements can be costly, especially for industries that work with specialized materials or products with strict technical requirements.

Good Intentions and Additional Costs.

Although Royal Decree 1055/2022 aims to move toward a more sustainable model, the cost it entails for companies cannot be ignored. The combination of delays in the implementation of SCRAPs, increased bureaucracy, administrative burden, and the level of control has generated criticism in the business sector.

Small and medium-sized enterprises (SMEs), in particular, face significant challenges, as they lack the necessary resources to meet these obligations as swiftly as large corporations.