March 11, 2024
In recent months you have probably not stopped hearing: "packaging declaration", "Ecoembes", "SCRAP"... But what is all this? What are these obligations? What are the regulations? Am I obliged? In this blog post we explain everything you need to know.
Regulations
Every day we consume more and we tend to get rid of the old in search of the new. However, behind this apparent progress, mountains of waste accumulate and threaten our environment. Single-use plastics, disposable packaging and rapidly obsolescent products are just some of the culprits of this environmental burden.
In order to avoid or reduce the negative impact of packaging on the environment, specific regulations were established that extended the responsibilities of manufacturers in the management of this waste. Directive 94/62/EC on packaging and packaging waste was developed and is applied uniformly throughout Europe.
In the case of Spain, Law 11/97 on packaging and packaging waste was repealed with the arrival of Royal Decree 1055/2022, of 27 December, on packaging and packaging waste, which extends the responsibilities of Extended Producer Responsibility (EPR) to all types of packaging and destinations.
What is RAP?
Extended Producer Responsibility (EPR) is an environmental policy that extends the obligations of manufacturers to the products they market, covering not only their production and sale, but also the management of their waste.
Rather than limiting producer responsibility only to the production phase, the EPR recognizes that producers also have a crucial role to play in the management of waste generated by their products at the end of their useful life.
In other words, EPR implies that manufacturers take responsibility for the products they place on the market even after they have been used by consumers. This includes the implementation of design practices that facilitate the recycling, collection and proper treatment of the waste generated.
Therefore, all packaging producers must comply with the obligations derived from the RAP through an Individual System (SIRAP) or in a grouped manner through a Collective System (SCRAP).
What is SCRAP?
SCRAP is a non-profit body formed by packers to collectively comply with the obligations of the packaging law. This involves collaboration for the collection, treatment and proper disposal of waste, rather than each producer individually managing its obligations. This collective system seeks efficiency and sustainability in waste management, and can address issues such as reducing environmental impact and promoting recycling.
The best known SCRAP in Spain is Ecoembes, which works with all types of light packaging. There are also other SCRAPs such as Ecovidrio (glass containers), Sigre (medicines), Sigaus (used oils)...
What are the obligations of a producer?
There are many obligations for a producer that will depend on the size of his business and the type of product he markets.
In the case of self-employed and small companies that are responsible for cosmetic products (i.e., they appear on the labeling of these products) are:
- Submit each year the packaging declaration to SCRAP and pay contributions to the so-called "Green Dot" fee, which is calculated according to the type of packaging and the number of containers placed on the market.
- To be registered in the register of product producers at the Ministry for Ecological Transition and Demographic Challenge, as well as to declare each year all packaged products placed on the market.
In addition, Royal Decree 1055/2022, of December 27, on packaging and packaging waste, also promotes and encourages the circular economy. Recyclable packaging is a key part of building a circular economy. Instead of following a linear path of production, use and disposal, the circular economy seeks to close the circle, allowing materials to be recycled and reused, thus creating a constant and sustainable flow of resources.
Ultimately, the fight against waste is not just the responsibility of governments or large corporations. We all, as individuals and communities, have a role to play. The transition to a more sustainable society begins with changes in our own actions and mindsets.
Find out more about Yan Ye, Back Office Manager at MuttuLab, author of this article.
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