Spain Law on Waste and Contaminated Soils for a Circular Economy
Governmental Agency: Spanish Government
Jurisdiction: Spain
Ref no: BOE-A-2022-5809
Status: ADOPTED
Spain's "Law on Waste and Contaminated Soils for a Circular Economy" entered into force in October 2022 - translating the requirements of the EU's 2018 Waste Framework Directive. The Law aims to establish the principles of the circular economy through basic waste legislation, as well as contribute to the fight against climate change and protect the marine environment.
Textile related provisions made within the Law include:
- Gives the government powers to ban on the disposal of unsold textiles stock (unless for consumer protection reasons it must be)
- Requirements separate collection systems for textiles to be in place by 1st January 2025
- A target that 55% of municipal waste must be prepared for reuse and recycling by 2025. At least 5% by weight of the total will be preparation for reuse, mainly textile waste, waste electrical and electronic equipment, furniture and other waste that can be prepared for reuse. These targets rise to 60% / 10% by 2030, and 65%. 15% by 2035 respectively.
- The requirement to develop extended producer responsibilty for textiles within three years from the entry into force of the law.
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As with all countries bound by EU legislation, the separate collection requirement will result in greater levels of separately collected textile waste. This will mean that the system capacity for collection & subsequent treatment must increase - providing both challenges and opportunities for businesses to develop the necessary infrastructure and end markets. This will be further driven by the targets for municipal waste reuse/recycling, and textile reuse targets.
The legislation has not yet mandated the ban on disposal of unsold stock, however, if implemented this would require brands and retailers to find alternative end-markets (reuse, recycling, remanufacturing) for products they cannot sell to consumers.
It is not detailed in the law how the textile extended producer responsibility policy will be set up. Therefore, the impacts are, as yet, unknown. However, in response to the law - a number of large retail players in Spain (Inditex, Mango, H&M, Ikea, Decathlon, Kiabi and Tendam) have set up a voluntary EPR system - the ""Association for Textile Waste Management"" (SCRAP) - to manage clothing and footwear waste. The effectiveness of this system, as well as the upcoming changes to the Waste Framework Directive through the 2023 proposed revisions, will likely influence how the government-legislated EPR will develop.
