A New Regulatory Environment

In January 2023, Spain introduced its Plastic Packaging Tax, a move designed to reduce plastic waste and encourage more sustainable packaging practices. This tax, which imposes a charge of €0.45 per kilogram on non-recycled, non-reusable plastic affects a wide range of industries including the fresh produce sector. This makes the need for sustainable, cost-effective packaging solutions more pressing than ever.

Obligated Parties and Compliance Challenges

The tax applies to key players across the packaging supply chain:

Manufacturers within Spain who produce non-reusable plastic packaging.
Importers who bring plastic packaging from outside the EU into Spain.
Intra-EU Acquirers who move plastic packaging across EU borders and into Spain.

Each of these entities must navigate complex compliance requirements, including registration with the Plastic Tax territorial registry and the submission of regular tax returns. Non-compliance can result in significant financial penalties.

Regulatory Exemptions and Opportunities

While the tax is comprehensive, several exemptions exist, including reusable packaging and certain medical-related packaging. Companies handling small quantities of non-recycled plastic may also be exempt. However, these exemptions come with stringent documentation requirements, and incorrect application can lead to substantial penalties, including fines up to 150% of the incorrectly claimed tax benefit, with a minimum amount of 1,000 Euros. (European Tax Blog) (PBS) (BOE)

Given the strict regulatory environment and potential penalties, it’s crucial for businesses to reduce the amount of non-recycled content contained in their packaging and work with credible suppliers who can provide certified, compliant recycled packaging solutions.

Lowering Tax Liabilities With Certified Recycled Content

The Spanish Plastic Packaging Tax can be reduced if your packaging contains certified recycled content. Initially, self-declarations were accepted, but as of January 2024, third-party certification is mandatory. RecyClass offers audit schemes that companies can use to qualify for this tax exemption.

RecyClass provides two certification options: the Recycling Process Certification, which verifies the source of waste used in producing recycled materials, and the Recycled Plastics Traceability Certification, which tracks recycled plastics throughout the production chain. These certifications comply with EN 15343 standards and are accredited under ISO 17065, meeting legal requirements for tax deductions on recycled content.

These certifications ensure that the recycled material in your packaging is properly validated, allowing businesses to effectively reduce their tax liabilities under the new regulations.

The Strategic Role of 100% rPET: Meeting Compliance and Sustainability Goals

To stay ahead of challenges presented by the Spanish Plastic Packaging Tax, companies particularly in the fresh produce sector are turning to 100% recycled PET (rPET). Recycled content is not only exempt from the tax but also aligns with growing consumer demand for sustainable products. For the fresh produce industry, where packaging must be both durable and transparent, rPET offers a practical and environmentally responsible option. Further, PET stands out as a input material due to its high recycling rates, which ensure a consistent supply of recycled flakes.

Choosing 100% rPET is more than a compliance strategy—it’s a proactive approach to sustainability that also supports Extended Producer Responsibility (EPR) regulations which require producers to manage the full lifecycle of their packaging, from production through to recycling.

AVI Global Plast: A Credible Packaging Partner for Compliance

AVI Global Plast, a leading and trusted Indian packaging manufacturer with a presence in over 30 countries, including Spain, offers cost-effective 100% rPET punnets and trays that comply with the Spanish Plastic Packaging Tax.

AVI’s focus is on helping growers, distributors, and retailers of plastic packaging source market-tested solutions at significant cost savings. Leveraging India’s robust PET recycling infrastructure and PCR flake availability, the company provides recycled packaging at a fraction of the cost of punnets in Europe.

AVI’s offerings are certified by global standards like InterTek and ISCC Plus, ensuring sustainability and quality. The company has also applied to certify its 100% PCR punnets under standard UNE EN 15343 for third-party verification, traceability and meeting legal requirements for Spanish tax exemptions on recycled content.

The Path Forward

As the fresh produce industry adapts to the new realities imposed by the Spanish Plastic Packaging Tax, it’s clear that compliance and sustainability are no longer optional—they’re essential. The adoption of 100% rPET packaging offers a viable path forward, enabling businesses to meet regulatory requirements while also supporting broader environmental goals. For companies of all sizes, from large multinationals to small and medium-sized enterprises, choosing credible suppliers like AVI Global Plast can provide the tools and expertise needed to turn regulatory challenges into opportunities for growth and innovation.

To access full details on the Spanish Plastic Packaging Tax, please refer to the official legislation at: https://www.boe.es/buscar/act.php?id=BOE-A-2022-5809

For enquires, you can email manasvi@avigloplast.com or call +91 022-68559300