News and updates on legislation and regulation in the plastics sector

The draft Royal Decree on packaging and packaging waste is currently being examined.

This draft proposes the amendment of the Packaging and Packaging Waste Directive (2018/852).

One of the key points of this draft Royal Decree is the one regulating the eco-modulation of the EPR (Extended Producer Responsibility) system, which would bring a new way of calculating the financial contribution to the collective systems of the “green dot” payment.

Some of the proposed changes:

  • Criteria for the application of bonuses.
  • Criteria for the application of sanctions.
  • Specific discounts for the incorporation of recycled plastic.
  • Penalties for the use of disruptors and substances that hinder recycling.
  • Specific sanctions for rigid plastic and PET.
  • Cumulative penalties.

Another of the changes introduced is to ensure that producers take into account eco-modulation with circular economy criteria. Contributions must be modulated for each product or group of similar products taking into account their sustainability, repairability, reusability, recyclability and the presence of hazardous substances, using a life cycle approach.

Who is affected by this new way of calculating the contribution?

Mainly packers. But also manufacturers and importers of raw materials, manufacturers and importers of packaging and waste managers, among others.