Ask Our Experts: Top Frequently Asked Questions on Packaging

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In our new ‘Ask our Experts’ series, we bring you some of the pressing questions asked by your peers on a hot compliance topic. This month, we break down some of the top frequently asked questions on Spain: Packaging and Packaging Waste, Royal Decree No. 1055/2022.

Spain: Packaging and Packaging Waste, Royal Decree No. 1055/2022

Question 1:

The article goes into effect from January 01, 2025 requiring the packaging symbols to be added. Could you advise if the enforcement or implementation is based on manufacturing date or import date or sellable date? Has there been any guidelines provided?

Firstly, it is helpful to outline the scope of Decree 1055/2022. According to Article 3;

“All packaging placed on the market and packaging waste generated in the territory of the State are within the scope of application of this royal decree, regardless of whether they are used or produced in industry, commerce, offices, commercial establishments, services, homes, or on any other site, regardless of the materials used.”

I believe the key part of the above for your question is the term “placed on the market”. So, from 1 January 2025, once the packaging has been placed on the market, then the labeling requirements under Article 13 apply to the packaging.

This phrase is defined under Article 2(r) of the Royal Decree as “the first professional marketing of a product in Spanish territory”. Additionally, “marketing” is defined under Article 2(b) as “any supply, paid or free, of a product for distribution, consumption or use in the Spanish market in the course of a commercial activity.”

Furthermore, the EU’s Blue Guide provides some guidance. You may find the Blue Guide in C2P by searching for: “EU: Implementation of EU Product Rules – The Blue Guide, June 2022”. The Guide is mainly relevant for products other than packaging but I think it still provides a useful reference point for the purpose of this question. Sections 2.2 and 2.3 concern “making available on the market” and “placing on the market” respectively. Here are some relevant extracts from Section 2.3 which I think may be relevant based on your question:

• “When a manufacturer or an importer supplies a product to a distributor or an end-user for the first time, the operation is always labelled in legal terms as ‘placing on the market’.”
• “Placing on the market is considered not to take place where a product is: in the stocks of the manufacturer (or the authorized representative established in the Union) or the importer, where the product is not yet made available, that is, when it is not being supplied for distribution, consumption or use, unless otherwise provided for in the applicable Union harmonization legislation.”

In terms of guidelines, we are not aware of official guidelines published by the Spanish authorities. Please note that producers are able to freely determine which symbol to use as long as the symbol indicates the container in which the packaging waste must be deposited and satisfies Article 13(8) whereby the symbol shall have adequate persistence and durability, even after opening the container.

Question 2:

I heard that, starting from January 1st, 2025, on the packaging of goods distributed in Spain it will be mandatory to feature the RECICLA symbol (the icons of a person in front of a bin, all in black on a yellow background, under the title RECICLA)?

The requirement you are describing emanates from Article 13(2), paragraph 2 of Royal Decree 1055/2022.

Paragraph 2 of Article 13(2) states that domestic packaging shall indicate the fraction or waste container in which said packaging waste should be deposited i.e. instructions for disposal. I have attached voluntary guidance from Ecoembes (a Spanish PRO) on this marking requirement. This is likely the source of the RECICLA symbol you are referring to in your question.

It should be noted that producers are free to use whichever symbols they wish (such as the French Triman logo + sorting label) as long as the requirements of Article 13(2) and 13(8) are satisfied. So, the symbols in the Ecoembes guidance may be used but other symbols may be used instead if the producer prefers to do so.

The above is confirmed by recent correspondence we received from the Spanish authorities which you may find in the News & Analysis section attached to Royal Decree 1055/2022 in C2P. The correspondence states that:

“Royal Decree 1055/2022, of December 27, on packaging and packaging waste (RDERE), in its Article 13.2 does not establish a specific format or symbol to indicate on domestic packaging the fraction or container in which your waste should be deposited. The only requirement is that this marking is presented on the container itself or on the label, being clearly visible and easily legible, and must also have adequate persistence and durability, even after the container has been opened, as stated in section 8 thereof Article 13.

Consequently, producers will be able to freely determine the symbol to use; they can use any that indicates the container in which the packaging waste must be deposited, such as the tidy man symbol with the legend “light packaging”, “glass” or “paper-cardboard” as appropriate, or others.”

Question 3:

We need to know whether, from 1 January 2025, products packaged with packaging that does not have Spanish logos can also be placed on the Spanish market (provided that the packaging was also manufactured in a country other than Spain by 31.12.2024).

Firstly, I would point you towards our News & Analysis piece attached to Royal Decree 1055/2022. 

Our correspondence thus far with the Spanish authorities suggests that there is flexibility given to producers when complying with the waste sorting symbol requirement under paragraph 2 of Article 13.2. The authorities informed us that “producers will be able to freely determine the symbol to use; they can use any that indicates the container in which the packaging waste must be deposited, such as the tidy man symbol with the legend “light packaging”, “glass” or “paper-cardboard” as appropriate, or others.”

For example, that the French Triman logo and sorting information could satisfy the requirements of paragraph 2 of Article 13.2 if the symbol indicates the fraction or container in which packaging waste must be deposited, in a clearly visible and legible manner, and also have adequate persistence and durability, even after opening the container, as stated in Article 13.8.

If you were to decide to use the Triman logo and waste sorting label, I would point you towards pages 37 and 53 of the CITEO document I have attached to this answer. CITEO are the designated French packaging eco-organization. These pages concern the use of the sorting label in other countries which have either made the Triman logo mandatory or have made packaging labeling mandatory but have not specified the exact symbols to use. The information on these pages should be of use when it comes to using the Triman logo and sorting info in Spain. The main adjustments I see are the use of black/white and also the use of tabs with country codes to specify in which countries the sorting info applies.

So, packaging marked with symbols from other countries could also be sufficient if the symbols comply with Article 13.2 and 13.8 of Royal Decree 1055/2022.

We will be publishing any subsequent correspondence we receive from the Spanish authorities in C2P as soon as we receive it.

Question 4:

I saw your article – Compliance & Risks receives clarification from Spanish authorities on the packaging labeling symbol under Article 13(2) of Royal Decree No. 1055/2022 – and I had a question about the ability of the manufacturer to choose the symbols used. If a product is marked with the French Triman logo indicating the recyclability of product and packaging, do you think that would be sufficient under the Spanish regulation? Are there any adjustments that could be made to the Triman logo that would be satisfactory to have one set of symbols that would satisfy both the French and Spanish requirements?

Based on my understanding of the correspondence we received from the Spanish authorities, I would say that the use of the Triman logo  would be acceptable in relation to the labelling requirement for household packaging under paragraph 2 of Article 13(2).

In relation to your second question, specific details regarding the use of the Triman logo for packaging are provided by CITEO, the designated French packaging eco-organization. These guidelines are not freely available, but we have gained access to CITEO’s guidance from 2022 for household packaging which might serve as a useful reference point. I have attached this for you. The use of the Triman logo internationally is covered from page 32.

Specifically, I would point you towards pages 37 and 53 of the CITEO document. These pages concern the use of the sorting label in other countries which have either made the Triman logo mandatory or have made packaging labeling mandatory but have not specified the exact symbols to use. The information on these pages should be of use when it comes to using the Triman logo and sorting info in Spain. The main adjustments I see are the use of black/white and also the use of tabs with country codes to specify in which countries the sorting info applies.

For your information, I have also attached a separate document published by Ecoembes (a Spanish PRO) which provides further advice on the use of recycling symbols in Spain. Ecoembes is a non-profit organization so their advice is not mandatory but it offers an alternative to the use of the Triman logo.

I will remain in contact with the Spanish authorities and forward you any relevant information in relation to this question.

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