Waste management moves towards circular economy

Entry into force of new waste legislation encourages prevention, reuse and recycling

The entry into force of the new law on waste and contaminated soils represents a rapprochement with the European directive and circular economy policies. Its objective is to minimize the negative effects of waste generation and management on human health and the environment, encouraging reuse and recycling.

This regulation repeals the 2011 law and revises aspects such as the responsibility of the waste producer, the application of the concepts of by-product and end of waste status or the updating of the penalty regime. In addition, the electronic registers and information obligations for producers and managers are extended, with the aim of improving traceability and increasing transparency in waste management.

  • Waste classification, authorization of by-products and end of waste status

The classification of waste shall be made in accordance with the list established in Decision 2014/955/EU on the list of waste and it is specified that the consideration of a waste as hazardous shall be determined according to said list and when necessary, according to the criteria described in Annex I of the Law, where the characteristics of the waste that allow qualifying it as hazardous are described (as established in Regulation (EU) No. 1357/2014).

The Law confers powers to the autonomous communities for the authorization of certain substances as by-products, provided that it is the result of a production process, whose primary purpose is not the production of that substance or object, as well as to declare the end of the condition of waste, once it has been subjected to a recovery operation, including recycling.

  • Waste management

The Law obliges the autonomous communities to observe the principles of proximity and self-sufficiency. A given waste recovered in a facility located in its autonomous community may be used as a product in an activity or process within the same territory, or in another autonomous community, subject to a favorable declaration by the competent administration in that territory.

It is established that the disposal of waste must be carried out in a safe manner, and in the case of landfill, after having undergone prior treatment. Prohibited:

  • incineration, with or without energy recovery, and landfilling of waste collected separately for preparation for reuse and for recycling.
  • the burning of plant residues generated in the agricultural or forestry environment, except for individualized authorization granted on an exceptional basis for phytosanitary reasons.
  • the recycling of waste containing persistent organic pollutants (POPs) when the destruction or irreversible transformation of the POP content cannot be guaranteed. Such waste must be destined for disposal.

They also establish specific measures for bio-waste, used oils and construction and demolition waste (CDW). In the latter case, it should be noted that, as of July 1, 2022, it is mandatory to classify non-hazardous CDW into different fractions preferably at the place where the waste is generated and, as of January 1, 2024, demolition must be carried out selectively, following a study identifying the quantities of each fraction that are expected to be generated.

Both waste recovery or disposal operations without facilities (landfilling, soil treatment, etc.) and mobile waste treatment facilities are subject to authorization.

Finally, the Law establishes the obligation to submit a declaration of responsibility in the event of cessation of activity, in order to deregister the corresponding entry in the Waste Production and Management Register.

  • Extended Producer Responsibility and Holder’s Liability

The law provides for the establishment of mandatory measures for producers to promote the prevention and improve the reuse, recycling and valuation of waste. These are related to the design to reduce their environmental impact and the generation of waste throughout their life cycle; to provide information for the treatment or management of waste; to reuse materials using recovered waste; to increase product warranty periods; or to provide information for the repair of products.

The definition of producer is broadened to include those who “fill” products, those who sell from another country.

As regards the financial and organizational obligations, the possibility of complying with them through individual or collective systems is maintained, the constitution of which is still subject to prior notification or authorization, respectively. The costs to be covered by financial guarantees will include those corresponding to the separate collection, transport and treatment of the waste; the information provided to its holders on prevention, reuse, return and collection; the collection and communication of data and the underwriting of the financial guarantees. On April 1, Royal Decree 208/2022, of March 22, on financial guarantees for waste, was also published, which regulates matters relating to the coverage of liabilities in the different phases of the production and management of waste.

On the other hand, it is established that the responsibility of the initial producer or holder of the waste will not end until the complete treatment of the waste is duly documented through the corresponding waste transfer documents, and when necessary, through a certificate or declaration of responsibility from the final treatment facility.

  • Asbestos

The law gives municipalities a period of one year to draw up a census of facilities and sites that have asbestos-containing materials, as well as a timetable for planning their removal, adding that the public sites with the highest risk must be removed by 2028.

The text, however, does not define how the identification of sites with asbestos should be carried out nor the prioritization of sites with higher risk. It should be noted that the European Parliament in its resolution of October 20, 2021 provides recommendations to include a European Framework Directive to define asbestos removal strategies, and the need to update Directive 2009/148/EC and to reduce the exposure limits of workers to asbestos.

  • eSIR

In order to harmonize and improve the information and traceability of waste, the electronic Waste Information System (eSIR) is regulated, consisting of the records, platforms and computer tools that provide the information necessary to monitor and control the management of waste and contaminated soils in Spain. The regulation regulates the submission of annual reports to the Administration, as an obligation that extends to producers, professional transporters, traders or agents of hazardous waste, as well as to those who recover or dispose of waste without an installation or in mobile facilities.

The law on waste and contaminated soils incorporates another series of provisions, such as the limitation on single-use plastics, including the tax on their manufacture, import or acquisition; the tax on the deposit of waste in landfills, as well as on the incineration of waste already applied by some communities; the strengthening of separate collection or the right to repair electronic devices.