Waste and Contaminated Land Law: new legislation receives Senate and Congressional approval

Waste and Contaminated Land Act: Following the Senate’s approval of the bill in mid-March, the Spanish Congress of Deputies has given final approval to the new Law on Waste and Contaminated Land. 

This is a legislative reform that the European Commission had been calling for, and on which it had been putting pressure on the government following the publication of the Directive (EU) 2019/904 of 5 June 2019, on reducing the environmental impact of certain plastic products.

The passing of this new law will promote a circular economy and eliminate – or significantly reduce – single-use plastics on the market. Furthermore, it will enable Spain to bring itself into line with central and northern Europe in terms of waste, packaging and recycling. 

The Congress of Deputies On Thursday 31 March, the Spanish Parliament approved the new Waste and Contaminated Land Act. This new legislation, which is expected to be published under the name of Royal Decree of Waste and Contaminated Soil will enable Spain to comply with Directive (EU) 2019/904, of 5 June 2019, on reducing the impact of certain plastic products.

It will also help the Spanish State to create two new taxes with a strong environmental focus:

• • Tax on single-use plastic containers
  • Tax on the disposal of waste in landfill sites and incineration

Since the publication of this European Directive, the European Commission had on several occasions recalled the the need to bring its legislation on plastic waste into line. And it is only natural that they should insist on this: after all, the European directives relating to consumer goods and products on the market are designed to be transposed into the national legislation of Member States.

And as a result, it is established that all items within the same product category are manufactured in accordance with a common set of standards. And so, it ensure quality standards, a greater consumer safety and what’s more, imports and exports of consumer goods are encouraged between eurozone countries).

However, in recent years, Spain has experienced Two crises that have slowed down legislative reform plastic waste:

• On the one hand, the political crisis With regard to the formation of a government: a motion of no confidence, followed by elections and a re-run of the election, which have kept the Spanish government and its operations in a state of uncertainty for many months.
• On the other hand, the health crisis due to the pandemic Covid-19, which required immediate action, and has overshadowed many other government initiatives.

We believe that, without these two factors destabilising the government, the Executive could have got down to work and finally taken charge of ensuring compliance with the Directive (EU) 2019/904, by issuing a new Royal Decree, well before 2022.

And whilst we do not condone these delays in amending the legislation, we can understand that they have, in part, been due to external factors rather than a deliberate intention on the part of the government to delay compliance with the European Commission’s requirements.

Why is it necessary to update the legislation on plastic waste?

In the 1980s and 1990s, plastics began to be used in a wide range of applications, and they were increasingly employed in the manufacture and packaging of a vast number of products. The flexibility – and at the same time strength – of this material, together with the hygiene and ease of preservation it offers, made it an excellent selling point, and a large number of companies began to use it in their products.

In a way, a market model emerged in which Producing and packaging in plastic was the norm, to the detriment of other, more sustainable and easier-to-recycle packaging materials, such as glass. However, that model had a flaw that it has taken us years to discover: plastics present a serious problem as a material, and that is that They are difficult to recycle and generate waste that is very difficult to manage.

That model, which worked relatively well for several decades, became increasingly widespread across the globe. And that began to set alarm bells ringing amongst a broad spectrum of the scientific community….

How has the scientific community’s view of plastics changed?

So far in the 21st century, the scientific community has discovered, both theoretically and through countless field studies of all kinds, that we are carrying out a overuse of plastic materials and a very poor management of plastic waste.

And it has been shown that this poor waste management has a a huge impact on our environment, starting with the seas and oceans -into which 8 million tonnes of plastic are dumped every year. A fact to bear in mind: nowadays, it is practically impossible to consume salt, fish or seafood that does not contain microplastics. This is because the seas are saturated with plastic waste that has, without a doubt, been generated by humankind.

As well as demonstrating and documenting the dangers that plastic waste poses to the ecosystem, new concepts relating to the environmental protection. People are beginning to talk about the environment as something to be protected, which is currently under threat from the climate change. 

Alternative models to plastic manufacturing and packaging: The Circular Economy and Sustainable Development

Against this backdrop of the ecosystem’s gradual destruction, there is contrast two new consumption models which call for greater respect for our natural resources: the circular economy and the sustainable development. And both models convey the same, unambiguous message: let’s be more careful with the environment. 

It is undeniable that there is a new perception of environmental risk, and that we need to collectively recognise that the current model is not sustainable. There is a wealth of empirical data demonstrating the existence of objective risks to the environment, and confirming the need to change our consumption model and, in particular, our approach to packaging.

That is why it is so important to continue researching the effects of climate change, whilst at the same time working to develop alternatives to plastic packaging. And we must continue to make legislative progress that promotes greater protection of the environment and serves as a guide for companies to opt for a manufacturing and packaging model that is more sustainable for our ecosystem.