Spain: Publication of royal decree governing the management of waste of tobacco products with filters and of filters

On October 23 last Royal Decree 1093/2024, of October 22, 2024, governing the management of waste of tobacco products with filters and of filters marketed for use with single-use tobacco products containing plastic was published in the Official State Gazette (BOE).

The principal objective of the legislation enacted is to establish legal rules for the management of such waste and for this purpose it establishes measures aimed essentially at preventing its production and improving the management of such waste for the purpose of contributing to the transition to a circular economy.

Particularly noteworthy is the regulation introduced regarding the extended responsibility of the producer of products, defined as any individual or legal entity that develops and manufactures, on a professional basis, tobacco products with filters and filters, as well as economic operators engaged in the importation or acquisition in other EU Member States of tobacco products with filters and filters to be placed on the market.

Ecommerce platforms shall act on a subsidiary basis as producers of products for the purposes of the obligations involved when filters from outside Spain are placed on the market and their producer has not designated an authorized representative.

Producers of tobacco products with filters and filters will be obliged to comply with a series of obligations aimed at reducing the environmental impact of this type of waste, among which the following should be noted:

• To draw up and apply prevention and eco-design business plans.
• To label tobacco products with filters and filters in accordance with the provisions of Commission Implementing Regulation (EU) 2020/2151 of December 17, 2020.
• To achieve the prevention and management objectives that may be established.
• To finance waste collection and treatment. In particular, they must finance the cleaning of dumped refuse, including the cleaning of sanitation and treatment infrastructure, the collection of tobacco waste deposited in public management systems and the treatment of such waste, the collection of information, awareness-raising measures, conducting studies and the costs related to system guarantees.

Producers of products shall comply with these obligations individually or by creating the appropriate extended producer responsibility collective systems.

If they are established in another Member State or in third countries, producers of products must designate an authorized representative for the purposes of compliance with these obligations. Otherwise, the first distributor or trader of the product based in Spain will be responsible on a subsidiary basis for complying with them.

For the purpose of complying with the reporting obligations in relation to waste management, and in particular to collect information regarding the placing on the market of tobacco products with filters and filters, the tobacco products with filters and filters section is created at the Product Producers Registry.

Furthermore, in order to reduce the environmental impact caused by such waste and to curb the production of waste dumped in the marine environment, it is provided that local authorities may establish restrictions on smoking on beaches and impose the appropriate penalties in their municipal regulations.

In relation to economic operators other than producers, such as HORECA sector establishments, private work centers, premises for commercial purposes and for provision of services with an area exceeding 400 m², private schools, private sports facilities and any other private holder of this waste, the royal decree provides that within six months from its entry into force they must have specific infrastructure for the collection of general waste, and are required to install the appropriate containers for such purpose.

The royal decree came into force on the date after it was published in the BOE. However, the obligation to draw up and apply prevention and eco-design business plans will only apply to producers of products with an annual share exceeding 2.5 % of the national total of products placed on the market from January 1, 2030 onwards, being enforceable from July 1 of the calendar year following that in which producers of products have exceeded that annual share.