MINISTRY FOR THE ECOLOGICAL TRANSITION AND THE DEMOGRAPHIC CHALLENGE SECRETARY OF STATE FOR THE ENVIRONMENT DIRECTORATE-GENERAL FOR ENVIRONMENTAL QUALITY AND ASSESSMENT

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PROVISIONS ON PLASTICS FROM THE PRELIMINARY DRAFT LAW ON CONTAMINATED SOIL AND WASTE

(23.10.2020)

Article 2. Definitions

For the purposes of this Law, the following terms and definitions shall apply.

a) ‘Waste’: any substance or object that the holder discards or intends or is required to discard.

b) ‘Household waste’: waste generated in homes as a result of domestic activities. This also encompasses waste similar to the above generated in service or industrial companies but not generated as a result of the main activity of the service or industrial company.

This category also includes waste generated in homes from electrical and electronic devices, clothing, batteries, furniture and fixtures, as well as waste and scraps originating from minor home construction and repair work.

Waste originating from the cleaning of public roadways, green spaces, recreational spaces and beaches, deceased pets and abandoned vehicles is also considered household waste.

c) ‘Commercial waste’: waste generated by activities specific to trade, both wholesale and retail, to restaurant and bar service providers, to offices and markets, and to the rest of the service sector.

d) ‘Industrial waste’: waste resulting from processes for manufacturing, transformation, use, consumption, cleaning or maintenance that is generated by industrial activity.

e) ‘Waste under local jurisdiction’: waste managed by local entities, in accordance with Article 12(5).

f) ‘Municipal waste’:

1. mixed and separated household waste, including paper and cardboard, glass, metals, plastics, biowaste, wood, textiles, packaging, waste electrical and electronic equipment, battery waste, and bulky waste, including mattresses and furniture;

2. other mixed and separated waste that is similar to household waste in nature and composition.

Municipal waste does not include waste originating from production, agriculture, forestry, fisheries, septic tanks or the sewer system or sewage treatment plants, including sewage sludge, end-of-life vehicles and construction and demolition waste.

This definition is intended to define the scope of the targets for preparation for reuse and recycling and their calculation standards set out in this Law. It applies without prejudice to

the distribution of waste management responsibilities amongst the public and private brokers in view of the distribution of responsibilities as per Article 12(5).

g) ‘Hazardous waste’: waste that exhibits one or more of the hazardous characteristics listed in Annex I and those adopted by the Government pursuant to European Union regulations or in international conventions to which Spain is party. This definition also includes containers and packaging that contain residues of or are contaminated with hazardous substances.

h) ‘Non-hazardous waste’: waste that does not fall under subparagraph (g).

i) ‘Waste oils’: all mineral or synthetic, industrial or lubricating oils no longer suitable for their original intended use, such as waste oils from combustion engines and gearbox oils, lubricating oils, turbine oils and hydraulic oils, excluding waste vegetable or animal cooking oils.

j) ‘Construction and demolition waste’: waste generated from construction and demolition activities.

k) ‘Fishing gear waste’: any fishing gear that meets the definition of waste, including all separate components, substances or materials that were part of or attached to the fishing gear when it was discarded. This also includes abandoned and lost fishing gear and components.

l) ‘Food waste’: all food, as defined in Article 2 of in Regulation (EC) 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, that has become waste.

m) ‘Biowaste’: biodegradable garden and park waste, food and kitchen waste originating from households, offices, restaurants, wholesalers, canteens, caterers and retail premises and comparable waste from food processing plants.

n) ‘Compost’: organic amendments obtained from aerobic biological and thermophilic treatment of separated biodegradable waste. Organic matter obtained from mechanical biological treatment plants for mixed waste is not considered compost, but rather ‘biostabilised matter’.

n) ‘Digestate’: organic amendments obtained from anaerobic biological treatment of separated biodegradable waste. Organic matter obtained from mechanical anaerobic biological treatment plants for mixed waste is not considered digestate, but rather ‘biostabilised matter’.

o) ‘Prevention’: set of measures taken in the development and design, production, distribution and consumption phases of a substance, material or product, to reduce:

1. the amount of waste, including by means of product reuse or service life extension;

2. the adverse impact of the generated waste on the environment and human health, including material or energy savings;

3. the levels of hazardous substances in materials or products.

p) ‘Reuse’: any operation that reuses non-waste products or components for their original purpose.

q) ‘Waste producer’: any natural person or legal entity whose activities produce waste (original waste producer) or any party that carries out pre-treatment, mixing or other operations resulting in a change in the nature or composition of this waste. In the case of goods held by control and inspection services at border facilities, the owner of the goods or their importer or exporter, as specified under customs law, shall be considered the waste producer.

r) ‘Waste holder’: the waste producer or other natural person or legal entity that is in possession of the waste.

s) ‘Waste management’: the collection, transport, recovery (including preliminary sorting) and disposal of waste, including the supervision of such operations and the after-care of disposal sites, and including actions taken as a dealer or broker.

t) ‘Collection’: the gathering, preliminary sorting and preliminary storage of waste for the purposes of subsequent transport to a treatment facility.

u) ‘Separate collection’: collection where a waste stream is kept separately by type and nature, to facilitate a specific treatment.

v) ‘Waste transport’: management operation performed by specialised companies whose main activity is professional waste transport for third parties, as well as transport performed as part of the normal professional activities of companies with a different main activity.

w) ‘Treatment’: recovery or disposal operations, including preparation for recovery or disposal.

x) ‘Recovery’: any operation that mainly results in waste serving a useful purpose by replacing other materials that would otherwise have been used to fulfil a particular function, or in waste being prepared to fulfil that function, in the plant or in the wider economy. Annex II gives a non-exhaustive list of recovery operations.

y) ‘Material recovery’: any recovery operation other than energy recovery and transformation into materials to be used as fuel or other means of generating energy. This includes preparation for reuse, recycling and backfilling.

z) ‘Preparation for reuse’: checking, cleaning or repairing recovery operations that prepare products or components of products that have become waste for reuse without any other preprocessing.

aa) ‘Recycling’: any recovery operation that reprocesses waste materials into products, materials or substances, whether for the original or other purposes. This includes the reprocessing of organic material but not energy recovery or reprocessing into materials to be used as fuels or for backfilling operations.

ab) ‘Backfilling’: any recovery operation that uses non-hazardous waste suitable for the regeneration of excavated areas or for landscape engineering works. The waste used for backfilling must substitute non-waste materials and must be suitable for the aforementioned purposes. In addition, the backfilling operations must be justified by a need to restore the original landscape of the site and the amount of waste to be used shall be limited to that strictly necessary to achieve these objectives.

ac) ‘Regeneration of waste oils’: any recycling operation that can produce base oils by refining waste oils, in particular by removing the contaminants, oxidation products and additives contained in the oils.

ad) ‘Intermediate treatment’: recovery operations R12 and R13 and disposal operations D8, D9, D13, D14 and D15, as per Annexes II and III.

ae) ‘Disposal’: any operation other than recovery, even if the operation reclaims substances or energy as a secondary consequence. Annex III gives a non-exhaustive list of disposal operations.

af) ‘Best available techniques’: the best available techniques as defined in Article 3(ñ) of the recast text of the Law on integrated pollution prevention and control [Ley de prevención y control integrados de la contaminación] adopted by Royal Legislative Decree 1/2016 of 16 December 2016 adopting the recast text of the Law on integrated pollution prevention and control.

ag) ‘Waste manager’: a person or public or private entity, registered by authorisation or communication, that conducts any of the operations that make up waste management, regardless of whether the manager produced the waste.

ah) ‘Dealer’: any natural person or legal entity acting on its own behalf to purchase and subsequently sell waste, including those that do not take physical possession of the waste.

ai) ‘Broker’: any natural person or legal entity arranging the recovery or disposal of waste on behalf of others, including those that do not take physical possession of the waste.

aj) ‘Producer’: any natural person or legal entity that develops, manufactures, processes, treats, fills, sells or imports products in a professional capacity, regardless of the selling technique used to place the product onto the national market. This definition includes both producers established in the national territory that place products on the national market and producers in other Member States or third countries that sell directly to households or users other than private households by means of distance contracts, as defined in Article 92(1) of the recast text of the General Law on consumer and user protection [Ley General para la Defensa de los Consumidores y Usuarios] and other complementary laws, adopted by Royal Legislative Decree 1/2007 of 16 November 2007.

ak) ‘Extended producer responsibility scheme’: the set of measures taken to ensure that producers take financial or financial and organisational responsibility for the management of the waste phase of the product life cycle.

al) ‘Packaging’: packaging as defined in Law 11/1997 of 24 April 1997 on packaging and packaging waste.

am) ‘Plastic’: material made from a polymer as defined in Article 3(5) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC, which may contain additives or other added substances, and that can serve as the main structural component of the final products, except for chemically modified natural polymers.

an) ‘Single-use plastic product’: a product made of plastic, in whole or in part, that was not developed, designed or placed onto the market to accomplish, within its life cycle, multiple trips or rotations by being returned to a producer to be refilled or reused for the same purpose for which it was developed.

añ) ‘Oxo-degradable plastic’: plastic materials containing additives whose oxidation causes fragmentation of the plastic material into micro-fragments or chemical decomposition.

ao) ‘Biodegradable plastic’: plastic capable of undergoing physical or biological decomposition so it ultimately decomposes into carbon dioxide (CO2), biomass and water, and in accordance with European packaging standards, is recoverable through composting and anaerobic digestion.

ap) ‘Fishing gear’: any item or piece of equipment that is used in fishing or aquaculture to attract, capture or rear marine or inland aquatic biological resources or that is floating on the sea surface, and is deployed with the objective of attracting, capturing or rearing such marine or inland aquatic biological resources.

aq) ‘Port reception facilities’: port reception facilities as defined in Royal Decree 1381/2002 of 20 December 2002 on port reception facilities for ship-generated waste and cargo residues

ar) ‘Tobacco products’: tobacco products as defined in Article 3(ac) of Royal Decree 579/2017 of 9 June 2017 governing certain aspects of the manufacturing, presentation and marketing of tobacco and related products.

as) ‘Placing on the market’: the first availability of a product on the national market.

at) ‘Market availability’: any supply of a product for distribution, consumption or use on the national market in the course of a commercial activity, whether in return for payment or free of charge.

au) ‘Contaminated soil’: soil whose characteristics have been adversely altered due to the presence of hazardous chemical components originating from human activity in levels that

pose an unacceptable risk to human health or the environment, in accordance with the criteria and standards set by the Government and declared in an explicit decision.

av) ‘Harmonised standard’: a harmonised standard in accordance with the definition in Article 2(1)(c) of Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (Text with EEA relevance).

aw) ‘Competent authority’: the party tasked with performing the duties set out in this Law, designating the Government and the following public authorities within their respective remits: the Central State Administration, the Autonomous Communities, as well as the cities of Ceuta and Melilla for execution of this Law, the Provincial Councils and the local governments, as per Article 12.

Article 3. Scope

OFFICIAL STATE GAZETTE
No 85 Saturday 9 April 2022 Sec. I. Page 48599
Article 2. Definitions
For the purposes of this Law, the following terms and definitions shall apply:
a) ‘Waste cooking oil’: waste vegetable and animal fats that are generated after being used in the cooking of food in
households, centres and institutions, hotels, restaurants, and similar.
b) ‘Waste oils’: all industrial or lubricating oils, of mineral, natural or synthetic origin, no longer suitable for their original
intended use, such as waste oils from combustion engines and gearbox oils, lubricating oils, turbine oils and hydraulic oils,
excluding waste cooking oils.
c) ‘Broker’: any natural person or legal entity arranging the recovery or disposal of waste on behalf of others, including those
that do not take physical possession of the waste.
d) ‘Fishing gear’: any item or piece of equipment that is used in fishing or aquaculture to attract, capture or rear marine or
inland aquatic biological resources or that is floating on the sea surface, and is deployed with the objective of attracting, capturing
or rearing such marine or inland aquatic biological resources.
e) ‘Competent authority’: the party tasked with performing the duties set out in the Law, designated, within their respective
remits, by the Government and public administrations: the Central State Administration, the Autonomous Communities, as well as
the cities of Ceuta and Melilla, for execution of this Law, the Provincial Councils and the local governments, as per Article 12.
f) ‘Litter’: waste not deposited in the designated places and which ends up abandoned in natural or urban areas, requiring an
ordinary or extraordinary cleaning operation to restore their initial situation.
g) ‘Bio-waste’: biodegradable vegetable waste from households, gardens, parks and the service sector, as well as food and
kitchen waste originating from households, offices, restaurants, wholesalers, canteens, caterers and retail premises, inter alia, and
comparable waste from food processing plants.
h) ‘Making available on the market’: any supply of a product for distribution, consumption or use on the national market in the
course of a commercial activity, whether in return for payment or free of charge.
i) ‘Compost’: sanitised and stabilised organic material obtained from controlled aerobic and thermophilic biological treatment
of separately collected biodegradable waste. Biostabilised material shall not be considered as compost.
j) ‘Digestate’: organic material obtained from anaerobic biological treatment of separately collected biodegradable waste.
Biostabilised material shall not be considered as digestate.
k) ‘Circular economy’: economic system whereby the value of products, materials and other resources in the economy is
maintained for as long as possible, enhancing their efficient use in production and consumption, thereby reducing the
environmental impact of their use, minimising waste and the release of hazardous substances at all stages of their life cycle,
including through the application of the waste hierarchy.
l) ‘Disposal’: any operation which is not recovery even where the operation has as a secondary consequence the reclamation
of substances or materials, provided that these do not exceed 50 % by weight of the treated waste, or the reclamation of energy.
Annex III gives a non-exhaustive list of disposal operations.
m) ‘Packaging’: packaging as defined in Article 2(1) of Law 11/1997 of 24 April 1997 on packaging and packaging waste.
n) ‘Waste management’: the collection, transport, recovery and disposal of waste, including sorting and other preliminary
operations; as well as the supervision of such operations and the after-care of disposal sites. This also includes actions taken as a
dealer or broker.
ñ) ‘Waste manager’: natural person or legal entity, public or private, registered by authorisation or communication, that
conducts any of the operations that make up waste management, regardless of whether the manager produced the waste.
o) ‘Port reception facilities’: port reception facilities as defined in Article 2(1)(e) of Royal Decree 1381/2002 of 20 December
2002 on port reception facilities for ship-generated waste and cargo residues.
p) ‘Placing on the market’: the first making available of a product on the national market.
q) ‘Biostabilised material’: material with organic content obtained from mechanical biological treatment plants for mixed
waste.
r) ‘Best available techniques’: the best available techniques as defined in Article 3(12) of the recast text of the Law on
integrated pollution prevention and control [Ley de prevención y control integrados de la contaminación] adopted by Royal
Legislative Decree 1/2016 of 16 December adopting the recast text of the Law on integrated pollution prevention and control.
s) ‘Dealer’: any natural person or legal entity acting in the role of principal to purchase and subsequently sell waste,
including those that do not take physical possession of the waste.
t) ‘Harmonised standard’: a harmonised standard in accordance with the definition in Article 2(1)(c) of Regulation (EU)
No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending
Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC,
2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council
Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council.
u) ‘Plastic’: material consisting of a polymer as defined in Article 3(5) of Regulation (EC) No 1907/2006 of the European
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