Spain: MITECO opens a public consultation to amend the Law on Waste and Contaminated Soils

The Ministry for the Ecological Transition and the Demographic Challenge (MITECO) has opened a prior public consultation on the Draft Law amending Law 7/2022, of 8 April, on waste and contaminated soil for a circular economy.

Although the initiative responds fundamentally to the need to incorporate the provisions on the prevention of food waste of Directive (EU) 2025/1892 into Spanish law, the consultation extends to other aspects of Law 7/2022 related to European regulations on waste.

Among the issues raised are the possible revision of the definitions and regimes of by-product and end of waste status; the desirability of adopting new measures on municipal, food, construction and demolition waste; or the possible modification of the shipment regime and waste management activities.

The consultation also addresses various aspects of extended producer responsibility, such as the desirability of creating a fee for the Register of Product Producers, the possible revision of individual systems, how to address the fight against free riding or the regulation of competition between systems if local authorities could choose between organising and managing waste (with funding from SCRAPs) or that they were the ones to take over directly the organisation and management.

It also raises the need to strengthen the reporting obligations and to review the excise duty on non-reusable plastic packaging and the tax on the deposit of waste in landfill, incineration and co-incineration, as well as the need to adapt the sanctioning regime of Law 7/2022 to the new European regulations (on packaging,  transfer of waste, batteries and vehicles, etc.).

The deadline for submitting comments is 3 September 2026.