Law 7/2022 on waste and contaminated soils

Law 7/2022, of 8 April, on waste and contaminated soils for a circular economy is the framework law that governs the prevention, generation and management of waste in Spain. It replaced the earlier Law 22/2011 and brings Spanish legislation into line with the Waste Framework Directive 2008/98/EC and the European Union's circular economy package.

Its main aim is to reduce the environmental and climate impact of waste, drive the circular economy and ensure a more efficient use of resources. It introduces measures such as environmental taxation, new recycling targets, bans on certain single-use plastics and digital traceability obligations.

Background and context

Law 7/2022 responds to several pressures:

• Spain's delay in meeting European recycling and landfill reduction targets.
• The need to transpose EU directives 2018/851 and 2018/852.
• The urgency of cutting methane emissions from landfills, which are linked to climate change.
• Spain's commitment to the 2030 Agenda and the Sustainable Development Goals (SDGs).

The law entered into force on 10 April 2022 and marked a significant shift in waste management, with a strong impact on public administrations, businesses and consumers.

Main objectives of Law 7/2022

1. Prevent waste generation through measures in design, production and consumption.
2. Promote reuse and recycling as priority options within the waste hierarchy.
3. Progressively reduce landfilling, working towards the European target of a maximum of 10% of municipal waste landfilled by 2035.
4. Strengthen extended producer responsibility (EPR) for packaging, textiles, plastics, oils and electrical equipment.
5. Introduce green taxation, with taxes on non-reusable plastic packaging and on landfilling and incineration.
6. Ensure traceability and transparency through registers and digital systems.

Key new measures

1. Environmental taxation

• Tax on non-reusable plastic packaging: 0.45 euros per kilogram of non-recycled plastic. The tax itself applied from 1 January 2023.
• Tax on the landfilling, incineration and co-incineration of waste, managed by the autonomous communities.

2. Single-use plastic bans

• Products such as straws, cotton bud sticks, plastic cutlery and plates are banned.
• The consumption of single-use plastic cups and food containers must fall by 50% by 2026 and by 70% by 2030, compared with 2022 levels.

3. Mandatory separate collection

• Organic waste: in all municipalities (large municipalities by mid-2022 and all others by the end of 2023).
• Textiles, used cooking oils and household hazardous waste: separate collection by the end of 2024.

4. Recycling targets

• 55% of municipal waste prepared for reuse and recycling by 2025.
• 60% by 2030.
• 65% by 2035.

5. Extended producer responsibility (EPR)

• Producers must finance and organise collection, reuse and recycling systems.
• EPR applies to packaging, textiles, batteries, oils, furniture and electrical and electronic equipment (WEEE).

6. Digitalisation and traceability

• Mandatory use of the electronic waste information system for waste movements.
• Digital register of waste producers and managers.

Obligations for companies

Companies play a central role in applying Law 7/2022:

1. Waste producers
   • Registration in the Register of Waste Production and Management.
   • Preparation of minimisation plans for hazardous waste.
   • Submission of the annual waste management report.
2. Manufacturers and importers of products
   • Participation in EPR schemes.
   • Financing the collection and treatment of the products they place on the market.
   • Meeting specific recycling and reuse targets.
3. Retail and distribution
   • Reducing unnecessary packaging.
   • Promoting bulk sales and reusable packaging.
   • Accepting returns in certain waste streams (batteries, WEEE).
4. Construction and demolition
   • Mandatory separation of rubble, wood, metals, glass and plastics.
   • Ban on landfilling mixed construction and demolition waste.

Obligations for public administrations

• Implement separate collection of waste fractions.
• Set waste charges that reflect the real cost of the service (PAYT, Pay As You Throw).
• Develop regional and local waste management plans.
• Ensure the closure of illegal landfills.
• Publish transparent statistics on collection and recycling.

Penalties

The law sets out a strict penalty regime:

• Minor infringements: up to 2,000 euros.
• Serious infringements: up to 600,000 euros.
• Very serious infringements: up to 3.5 million euros.

Examples of infringements include the abandonment or uncontrolled dumping of waste, failure to meet EPR obligations, and the manipulation or falsification of waste movement documentation.

Impact on the circular economy

Law 7/2022 provides the legal basis for transforming the linear take-make-dispose model into a circular one, in which waste is treated as a resource. For companies, it means new compliance, reporting and traceability duties across the whole value chain.

At Manglai we help companies measure their environmental impact and prepare their sustainability and waste reporting in line with European and Spanish requirements. Discover how Manglai can help you.