Environmental organizations such as Amigos de la Tierra, Ecologistas en Acción, Greenpeace, Retorna and Surfrider critique the government’s latest draft of the Royal Decree on Packaging. They say the version sent to the State Council for evaluation represents a clear setback and would roll back a substantial portion of the Waste Act approved in April. Core criticisms focus on amnesty-like provisions for substances such as bisphenol A and a potential return to a path that could delay the deployment of a container and beverage deposit, return and recycling system (SDDR) for packaging by years.
These groups urge the director-general Marta Gómez Palenque and other officials in the Ministry of Ecological Transition and Demographic Challenge to respect the Waste Law rather than overturn it. They claim access to the latest Royal Decree draft, which the Government had aimed to approve in late 2022 or early 2023, and argue that the text would override key elements of the Waste Act and slow the SDDR by as much as ten years. For years, these NGOs have pressed for Spain to implement the system effectively.
They warn that the SDDR, commonly described as the reusable bottle return or container return system, could dramatically reduce the roughly 35 million beverage containers that contribute to pollution and pose risks to human health. Yet they lament that the new decree repeatedly ignores concerns voiced by environmental NGOs.
The related imagery shows containers awaiting collection or returns. They also view as a setback the removal of a ban on toxic substances such as phthalates and bisphenol A in food packaging. These substances have long stirred debate due to potential health effects, and the NGOs had previously welcomed protective measures. The Royal Decree advances the aim of separate collection for plastic bottles, aligning with the Waste Act passed in April. The regulation proposed a container deposit and return system for cans, bottles and cartons, contingent on achieving a 70 percent recovery rate for lightweight packaging by 2023 via the yellow recycling stream. NGOs welcomed this target, hoping that compliance would be overseen by an independent authority.
However, the revised text presented to the Council of State assigns responsibility for reporting recovery figures to the packaging waste collection operator, Ecoembes. NGOs say this creates conflicts of interest and lacks independent oversight.
In their view, Ecoembes has long justified its own packaging management numbers, and the new decree appears to perpetuate the problems of the current model—limited transparency, weak traceability, and no truly independent verification of collection figures. The NGOs warn that without proper checks, the system could skew results in favor of the industry and delay the 70 percent target by years, potentially entrenching a monopoly.
Impossibility of calculating packaging quantities
The NGOs contend that the draft does not require manufacturers to disclose the total number of plastic bottles placed on the market. It leaves the calculation of percentages to industry interpretation, failing to spell out the methodology needed to determine the real share of recovered materials. In a joint statement, they warned that Ecoembes could present whatever figures serve its aims, not necessarily reflecting true recovery, and that this could push back the Deposit System by a decade and preserve niche advantages.
The imagery shows containers abandoned in the environment. Other NGOs have recently submitted amendments to Marta Gómez Palenque, Director-General of Quality and Environmental Assessment, accusing the administration of ignoring valid concerns. The NGOs argue that continuing with past waste-management mistakes would be counterproductive, and that Ecoembes should not audit its own performance while presenting fragile historical recycling data as robust.
They also criticized the rollback on the ban of phthalates and bisphenol A in food packaging, noting that two cancer-related articles are implicated. While some supporters initially praised the ban for placing the country at the forefront of public health protection, the NGOs now view the new text as a step back from that stance.
Ecoembes backs the process
Ecoembes has chosen not to respond to the criticisms but has voiced support for the Government’s draft. A spokesperson said that after years of waiting, the decree would repeal an older packaging law from 1997, advance a sustainable packaging cycle, promote transparency, reinforce waste prevention, and strengthen reuse as a key driver of a new production and consumption model. The spokesperson emphasized that Spain, with its strengths in packaging recycling, could adopt a system that preserves competitiveness while pushing reform.
The stance highlighted a desire to balance prevention and reuse while supporting a broader transformation. The organization argued that a well-structured standard could harmonize methodologies for calculating recycling rates, ensure a fully transparent data trail, and establish official data status and traceability processes that advance the national recycling agenda without harming domestic industry competitiveness.
Officials noted that the reform is not the end but the beginning of a broader regulatory push. The proposal aligns with ongoing discussions at the European Union level, including a recent draft European Packaging Regulation introduced in Brussels, indicating a coordinated approach across borders to improve packaging efficiency and sustainability.
The document emphasized a broader transition in waste management and the need for timely and practical steps to address environmental challenges while maintaining economic stability.
Note: This synthesis reflects evolving policy debate among environmental NGOs, the packaging sector, and government agencies regarding the Royal Decree on Packaging and related waste-management reforms.
End of report.