Sustainable compliance. Packaging management in Herogra Group.

We are at a pivotal moment where our daily decisions directly impact the environment and the future of agriculture. Sustainability is a necessity, not a choice. Recognizing its importance, the European Union has adopted directives on packaging and packaging waste. These measures, which are part of the Fifth Community Environment and Sustainable Development Action Programme, seek to harmonize standards among Member States to reduce environmental impact and avoid trade barriers. These directives are mandatory for all EU countries, including Spain and Portugal.

As a member of the EU, Spain has approved Royal Decree 1055/2022 to comply with the new European packaging directives. This decree adapts Spanish regulations to the extended producer liability framework. It applies to all packaging and packaging waste in Spain, no matter where it is used or produced, whether in industry, commerce, offices, homes, or anywhere else, and regardless of the materials used.

Fertilizers from Herogra Group comply with Royal Decree 1055/2022 because as manufacturers we are responsible for placing them on the market. According to this decree, a “producer of goods could be any packager or economic agent engaged in the importation or acquisition in other European Union Member States of packaged products to be placed on the market.

The definition also covers specific cases:

• If the product is sold under a distribution trademark without identifying the producer, the trademark holder in Spain is liable.
• If a third party commissions the packaging and sells the product, that third party is liable.

Laws can be complicated, but our Regulatory team is here to help. As manufacturers of fertilizers and phytosanitary products, we follow specific regulations (Royal Decree 506/2013, Regulation (EU) 2019/1009 and Regulation (EC) No. 1107/2009) that determine who is responsible at each stage of production, import and packaging. Do we know who should take responsibility according to Royal Decree 1055/2022?

We raise several potential cases on the responsibility for packaging and waste management below:

1. Manufacturer label: If only the manufacturer address and identification appear, the manufacturer is liable for managing the packaging and waste with the companies authorized to do so.
2. Manufacturer and distributor label: If both are on the label, the manufacturer is liable, since he is the “producer of the good” and the distributor does not change the label or product features.
3. Distributor label: If only the distributor brand and trade name appear (not the manufacturer), the distributor is liable for managing packaging and waste.
4. Distributor changes the composition: If the distributor changes the composition of the product, he is also liable for managing packaging and waste.

In any case, when in doubt, the Regulatory team of Herogra Group is always available to answer any questions that may arise in relation to the issue of liability for packaging and packaging waste. Likewise, thanks to the close contact with the different public bodies and associations we belong to, we are at the forefront of the latest updates and legislative modifications.