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Spain Issues a Law on Waste and Contaminated Soil for a Circular Economy

SafeGuardSElectrical & Electronics, Hardgoods, Hardgoods, Hardgoods, Hardgoods, Hardgoods, Softlines, Softlines, Softlines, Softlines, Softlines, Toys and Juvenile Products, Personal and Protective EquipmentMay 13, 2022

Spain has published a new law to promote a circular economy. The new legislation will be implemented in phases, starting April 10, 2022.

On April 9, 2022, Spain published Law 7/2022 of April 8 on waste and contaminated soil for a circular economy. This new law contains, among other things, several important provisions:

  • Transposes Directive (EU) 2019/904 on the reduction of the impact of certain plastic products on the environment (Single-Use Plastics (SUP) Directive) into national law. Further information on the SUP Directive can be found in the European Commission Website ‘Single use plastics
  • Transposes Directive (EU) 2018/851, amending Directive 2008/98/EC on waste (Waste Framework Directive, WFD, consolidated version to July 2018), into national law
  • Directs competent authorities to adopt measures to prevent the generation of waste. Among the specified measures are:
    • To promote and support sustainable and circular production and consumption models
    • To promote the reduction of hazardous substances in materials and products in accordance with established harmonized EU legislation, especially substances under Annex XIV of REACH ‘Authorization List,’ restricted substances under Annex XVII of REACH and endocrine disruptors, as well as the prohibition of bisphenol A (BPA) and phthalates in packaging (Article 18(i))
  • Introduces a special tax on non-reusable plastic containers (including non-reusable containers that contain plastic) with certain derogations (effective January 1, 2023)

The new law repeals Law 22/2011 of July 28 on waste and contaminated soil.

 There are two effective dates:

  • April 1, 2022, for provisions other than Title VII
  • January 1, 2023, for Title VII ‘Tax Measures to Encourage the Circular Economy’

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