Green Dot Compliance Requirements for Packaging Labeling in Spain

This blog was originally posted on 21st October 2021, and most recently updated on 29th April, 2024. Further regulatory developments may have occurred after publication. To keep up-to-date with the latest compliance news, sign up to our newsletter.

Green Dot Compliance Requirements in Spain – 29th April 2024 Update:

Since January 2023, Spain has implemented significant changes to its packaging labeling regulations. Under Article 13 of Royal Decree No. 1055/2022, the Green Dot is no longer mandatory but remains available as a voluntary licensed symbol for companies wishing to use it. The symbol is free of charge and applicable across European countries without their own “green dot” system. The decision to make it voluntary initially arose from the recognition that the symbol alone did not effectively inform consumers.

Beginning January 1, 2025, new labeling requirements for packaging will be enforced under the Royal Decree. Domestic packaging must now include instructions for consumer disposal, moving away from voluntary compliance as per Commission Decision 97/129/EC. Moreover, packaging needs to indicate its reusability and display the symbol related to its deposit and return system, as outlined in Article 46.8 and Article 47.7 of the Decree. Packaging suitable for domestic or industrial composting must carry a label stating “Do not leave in the environment.” Additionally, the Decree prohibits misleading phrases like “environmentally friendly” that could encourage the abandonment of packaging in the environment.

The exact enforcement date of the Green Dot’s voluntary status in Spain is yet to be confirmed by relevant authorities. It has not been clarified whether it became voluntary immediately after the entry into force of Royal Decree No. 1055/2022, or if it will officially become voluntary as per the enforcement date of the packaging labeling obligations provided for in Article 13.

Packaging Labeling Legislation in Europe: A 2024 Regulatory Update

In recent years the lack of harmony across EU member state packaging labeling schemes has led the EU to propose its own harmonized labeling system.

Our experts have written a new whitepaper to provide an overview of the current status of the EU’s efforts, as well as recent developments in packaging material labeling legislation across Europe.

This whitepaper covers:

• The development of the EUs’ proposed harmonized labeling system for packaging under the proposed Packaging and Packaging Waste Regulation
• The UK’s proposed recyclability labeling scheme for packaging
• Upcoming and current packaging labeling requirements throughout European countries
• The position of the Green Dot label in Europe

Green Dot Compliance Requirements in Spain – 5th April 2023 Update:

Movements towards the prohibition of misleading symbols on packaging have gained momentum across Europe and in many instances may signify the eventual ban of the Green Dot (an EPR symbol denoting the payment of waste recovery fees) in its current form.

Despite Spain becoming the last EU country to make the Green Dot symbol voluntary, it has not expressly clarified whether the symbol is actually prohibited. In order to ascertain whether the Green Dot will become prohibited rather than voluntary in Spain under Article 21.4 of the Decree, which prohibits EPR symbols that may mislead consumers about a package’s recyclability- Compliance and Risks contacted the Spanish authorities for further information. 

Subsequently, the Spanish General Sub-Directorate of Circular Economy responded as follows; 

“Considering Article 21.4, which regulates general obligations for extended producer responsibility systems and the measure requiring extended producer responsibility symbols be “clear and unequivocal and not misleading to consumers or users on the recyclability of packaging”, the General Subdirectorate considers that the “Green Dot” symbol can mislead consumers or users about the recyclability of the containers, and in their opinion, the systems who currently use this symbol, should replace it when they submit their request for authorization in accordance with Royal Decree 1055/2022.”

Green Dot Compliance Requirements in Spain – 21st October 2021 Update:

On 28 September 2021, Spain announced a far reaching Draft Packaging and Packaging Waste Decree to further the development of a circular economy for packaging. Despite the scale of the proposal it remained ambiguous as to whether the use of the Green Dot label (el punto verde) would remain mandatory in Spain.

Compliance & Risks contacted the Spanish authorities for clarity on the status of the Green Dot under the current proposal, and has been informed by the Spanish Subdirectorate General for Circular Economy that the current Draft does not require the mandatory use of the Green Dot label on packaging. However, extended producer responsibility (EPR) schemes such as Ecoembes and Ecovidrio may still request the use of markings on packaging to denote EPR membership.

Although EPR schemes may request the use of packaging labels to symbolize the payment of EPR fees etc. on packaging, the Subdirectorate has stated that this symbol does not have to be the Green Dot label, as it misleads consumers on the recyclability of packaging. Note that Article 21 of the Draft stipulates that EPR symbols must be clear and unambiguous and must not mislead consumers or users about the recyclability of packaging.

The Subdirectorate also clarified that the Draft may be subject to further modification. The deadline for the submission of comments is 28 October 2021 and comments may be submitted via email to bzn-sug_residuos@miteco.es

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