Spanish waste regulations

The Spanish framework for waste regulation is built on Law 7/2022 of 8 April on waste and contaminated land for a circular economy. This law replaced the previous 2011 waste act and transposes the European Union waste rules, in particular the 2018 revision of the Waste Framework Directive (2008/98/EC), into Spanish law.

The law is complemented by a series of sectoral Royal Decrees covering specific waste streams, including packaging and packaging waste (Royal Decree 1055/2022), landfill of waste, waste electrical and electronic equipment, and end-of-life tyres, together with ministerial orders that set end-of-waste criteria.

Guiding principles

The waste hierarchy

All waste policy follows the waste hierarchy: prevention first, then preparation for reuse, recycling, other recovery (including energy recovery) and, as a last resort, disposal.

Extended producer responsibility (EPR)

Under extended producer responsibility, producers must finance and organise the management of the waste generated by the products they place on the market, for example packaging or electronic equipment.

Environmental taxation and the polluter pays principle

The law applies the polluter pays principle, introducing a tax on the landfilling and incineration of waste and requiring municipalities to put in place a specific, cost-reflective waste fee.

Key obligations

1. Separate collection: municipalities must provide separate collection of several fractions, including paper, packaging, glass and biowaste, with additional requirements for textiles and household hazardous waste.
2. Producer registration: producers of commercial and industrial packaging must be entered in the corresponding producer register.
3. Recycling targets: in line with EU law, preparation for reuse and recycling of municipal waste must reach at least 55% by weight in 2025, rising to 60% in 2030 and 65% in 2035.

Penalties

The law sets out a regime of administrative penalties for non-compliance. Serious breaches can carry significant fines and, in the most serious cases, temporary closure of the activity. Enforcement is carried out by the competent regional authorities and, at national level, under the policy direction of the Ministry for the Ecological Transition (MITECO).

Where the rules are heading

Spanish waste policy is moving towards a more circular model, reinforcing circular economy principles. The Spanish Circular Economy Strategy 2030 and EU instruments are expected to expand ecodesign criteria and introduce tools such as the Digital Product Passport. For companies, complying with waste law not only avoids penalties but also opens the door to circular economy incentives and funding.

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