Spain closes WEEE loophole
December 12, 2024
Landmark regulation ends misuse of old waste codes, ensuring toner cartridges are processed under stringent recycling laws to prevent landfill abuse.
Spain has moved to close a longstanding loophole in its waste management system that allowed thousands of toner cartridges to bypass proper recycling protocols, potentially avoiding taxes and environmental fees. The updated measures, enshrined in Order TED/1032/2024, are set to come into force on 2 January 2025.
Under the current system, waste toner cartridges could be classified under outdated European Waste Catalogue (LER) codes, such as 080317 and 080318, enabling landfill disposal instead of mandatory Waste Electrical and Electronic Equipment (WEEE) treatment. These codes, originally intended for simpler waste categorisation, became a regulatory blind spot exploited by operators seeking to reduce costs.
The reclassification mandates that all toner cartridges must now be processed under new harmonised system (HS) codes, in line with Royal Decree 110/2015. These codes ensure that cartridges are treated as electronic waste, requiring them to undergo WEEE-compliant recycling procedures. The new rules align Spain with EU directives, preventing environmental degradation caused by improperly disposed cartridges that can take centuries to decompose.
Environmental agencies have lauded the move, noting that the reclassification closes a significant gap in the system that cost the Spanish economy millions annually in lost WEEE fees and taxes. Moreover, the regulation introduces a digital platform to oversee waste processing, enhancing transparency and compliance.
While conclusive information is unavailable about the fate of cartridges affected by past loopholes, incidents such as the 2020 discovery of 5,000 tonnes of waste toner cartridges in Murcia raise concerns. Reports suggest the cartridges were likely landfilled under outdated classifications, bypassing WEEE obligations.
As Spain tightens enforcement, the reforms are expected to set a precedent for tackling non-compliance across the EU, safeguarding the environment and creating fairer market conditions.
Categories : World Focus
Tags : Compliance Environment EU Regulation Spain Waste WEEE
