On March 31, 2022, the Spanish Parliament passed a Law on Waste and Contaminated Soil for a Circular Economy which includes a ban on phthalates and bisphenol A (BPA, CAS 80-05-7) in packaging, lends significant support to reusable packaging in the food sector, and includes concrete goals focused on the reduction of waste generally and single-use plastic waste in particular.
The changes in the chemicals allowed in packaging is included as one of the law’s waste prevention measures because it “promote[s] the reduction of the content of hazardous substances in materials and products.” BPA and phthalates are endocrine disrupting chemicals (EDCs) linked to multiple negative health outcomes and are classified as substances of very high concern (SVHCs) under the EU’s REACH regulation (FPF reported, also here and here). In a 2020 European Commission survey, Spanish citizens reported some of the highest levels of concern within EU countries regarding the impact of chemicals on human and environmental health (FPF reported).
The Spanish Waste Law also lends support to programs and products that promote reuse in a variety of contexts including highlighting reducing waste “through the sale of bulk products, [and] the sale and use of reusable containers or devices.” Specifically, public spaces and buildings will have to make tap water more accessible, restaurants and hotels must offer tap water free of charge, and all food retailers must accept filling reusable containers if a customer asks that a food or drink be placed in it. Beginning in January 2023, customers “must be charged for each of the plastic products [such as single-use drinking cups and takeaway containers] that are delivered to the consumer.”
Additionally, by January 1, 2023, grocery stores with a floor space of at least 400 square meters must “allocate at least 20% of their area of sales to the offer of products presented without primary packaging, including sale in bulk or through reusable packaging.” This compliments the Spanish Ministry of Ecological Transition’s initiative to prohibit the sale of fruits and vegetables in plastic by 2023 (FPF reported).
“To break the link between economic growth and impacts on human health and the environment,” the Congress established a national goal of reducing overall waste by 13% by 2025 and 15% by 2030 compared to 2010 (by weight). For single-use plastic, the goal is much stricter: a 50% reduction in the weight of single-use plastics must be achieved by 2026 followed by a 70% reduction by 2030 compared to 2022.
There are several regulations particular to the manufacturing of plastic beverage containers: by July 3, 2024, lids and caps must stay attached “during the intended use phase” of the container, by 2025 all polyethylene terephthalate (PET) bottles must contain at least 25% recycled plastic, and by 2030, PET bottles must contain at least 30% recycled PET.
Currently, the supply of food-grade recycled plastic in the EU is in short supply (FPF reported). To support the creation of a bottle-to-bottle recycling system, plastic bottles in Spain will be collected separately from other products. By 2023 “at the latest,” Spain plans to collect 70% by weight of all plastic bottles introduced on the market. This target increases every two years until reaching a 90% collection rate by 2029. The law states that if the 2023 or 2027 objectives are not met, “a deposit and return system for these containers will be implemented throughout the territory within two years to guarantee compliance of the objectives in 2025 and 2029.”
Producers of single-use plastic packaging will be responsible for covering the costs of: “awareness measures…, cleaning up dispersed rubbish dumps generated by said products, … [and] data and information collection,” by January 6, 2023.
References
Spanish Government (April 9, 2022). “Law 7/2022, of April 8, on waste and contaminated soil for a circular economy.” Agencia Estatal Boletín Oficial del Estado (in Spanish)
Read more
Europa Press (March 31, 2022). “Congress definitively approves the Law on Waste and Contaminated Soil for a Circular Economy.” (in Spanish)
Pedro Poveda and Eduardo Orteu (April 1, 2022). “Approved: the new law on waste and contaminated soil for a circular economy.” Expansión (in Spanish)
Ana Oliviera (April 12, 2022). “Rezero: urine samples that changed the Spanish Waste Law.” Zero Waste Europe
Environmental Investigation Agency (February 2022). “What the EU can do to support the grocery retail sector in reducing packaging and plastic pollution: Policy briefing.” Rethink Plastic Alliance
