JUAN CARLOS I King of Spain to all that the present join together and act.
Know: That the Cortes Generales have approved and I come in to sanction the following law.
PREAMBLE I in a European context in which waste is ever-increasing and in which economic activity linked to waste attained increasing importance, both its size and its direct impact on the sustainability of the European economic model, the sixth Community environment action programme called for the revision of the legislation on waste to the clear distinction between waste and non-waste, and the development of measures relating to the prevention and management of waste, including the establishment of targets. In the same vein, the Commission communication of 27 May 2003, 'towards a thematic strategy on the prevention and recycling of waste"; We urged you to move forward in its review.
All this led to the replacement of the previous legal regime community waste and to the adoption of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and why repealing certain directives by integrating them into a single standard ('directive framework of waste' hereinafter). This new directive establishes the legal framework of the European Union for the management of waste, provides the instruments allowing to dissociate the relationship between economic growth and waste production, with particular emphasis on prevention, understood as the set of measures taken until a product becomes waste, to reduce both the amount and content of hazardous substances as adverse human health impacts and the environment of the waste generated. It thus embodies the principle of hierarchy in the production and management of waste that has to focus on prevention, preparation for reuse, recycling or other forms of recovery, including energy recovery and aims to transform the European Union into a 'recycling society' and to contribute to the fight against climate change.
The transposition of this directive in our domestic legal order takes place through this law which replaces the previously existing law 10/1998, of April 21, waste.
The necessary modification of our internal legislative framework on waste to its adaptation to Community law amendments, is also an opportunity to update and improve the regime laid down in the above law 10/1998, of April 21. This law established in its day the first regulation with General waste in our legal system. In the twelve years of application of this rule the public administrations, producers and managers of waste have acquired experience and training in this area much larger than the existing at the time of the adoption of the previous standard and, on the other hand, the prevention, production and management of waste, and the principles underlying it they have undergone a major evolution. On the other hand, being her fight against climate change a priority of environmental policy and although the contribution of waste to climate change is small compared to the other sectors, there is a significant potential for reducing emissions of greenhouse gases, associated with the sector of waste.
Therefore, the transposition of the directive marco of waste and the replacement of the previous law on waste make it necessary to update the status of the production and management of waste in the light of experience gained, detected gaps, and the evolution and modernization of waste policy. In addition this law within the framework of the basic principles of protection of human health and the environment, oriented waste policy in accordance with the principle of hierarchy in production and management, maximizing the use of resources and minimizing the impacts of the production and management of waste. The new law promotes the implementation of measures of prevention, reuse and recycling of waste, and subject to what sets policy framework allows you to qualify as recovery operation incineration of household waste mixed only when this occurs with a certain level of energy efficiency; It also aims to increase transparency and the economic and environmental efficiency of waste management activities. Finally, form part of the spirit of the law to promote innovation in the prevention and management of waste, to facilitate the development of solutions with greater value to society in every moment, which no doubt will have an impact on the reduction of greenhouse gas emissions associated with this sector and will contribute to the conservation of the climate.
II the title I of the Act contains the provisions and general principles and is divided into two chapters.
The first chapter is devoted to the provisions of a general nature and includes object, definitions, as well as the reference to the classification and the European waste list.
The object of this law is to establish the legal regime of the production and management of waste, as well as the provision of measures for preventing their generation and to avoid or reduce adverse impacts on human health and the environment associated with the generation and management of them. Likewise, and as was already the case in the previous law on waste, this law is also to regulate the legal regime of the contaminated soils. Finally, it ends to delimit the scope of the law with a series of expressly mentioned exclusions.
Includes an article by definitions which includes key concepts such as 'waste', "reuse", «recycling», «valorisation» and «elimination». Also introduces the definitions of 'domestic waste', «commercial» and «industrial», in order to clarify the competences of the different types of waste management. Other concepts that later appear throughout the text are also defined, with the aim of achieving a greater degree of precision and certainty in the application of the standard, as «contaminated soil» or «compost». Incorporate the definitions of the directive of the «merchant» and «agent» as waste managers, distinguishing these two figures in which the merchant acts on their own while the agent acting on behalf of third parties.
Following the guidelines in the directive framework of waste are specific articles devoted to the concepts of «by-product» and «end of waste status» and establishes the conditions that must meet a residue to be considered a by-product or losing its status as residue.
Chapter II is dedicated to the principles of the waste policy and administrative competencies.
Starts with basic principles in this matter: the protection of human health and the environment, already collected early in the previous directive and that, as it could not be otherwise, remain in this. As novelties from the new directive is formulated a new hierarchy of waste which express the order of priority in the action on waste policy: prevention (in the generation of waste), preparing for re-use, recycling, other recovery (including energy) and, finally, the Elimination of waste. In accordance with the principles of self-sufficiency and proximity measures should be taken to establish an integrated network of installations for the recovery of mixed waste. The rights of access to information and participation in environmental, guaranteed by law 27/2006 of 18 July, which regulates the rights of access to information, public participation and access to justice, are expressly reflected in the law. Application of the principle of "polluter pays", includes an article concerning the costs of the management of waste that will fall on the same producer or the producer of the product becoming using residue, in cases in which thus is established in application of extended responsibility of the producer of the product standards.
Since there are several public administrations involved in the management of waste, an article that defines each administrative powers is necessary. Clarified the competences distribution existing in the previous law, especially with regard to local authorities, who may determine the conditions for the delivery of waste whose management have taken through their Ordinances.
In order to set up a forum of competent administrative authorities in this matter the law includes the creation of a coordinating Commission on waste as technical cooperation and collaboration between the different administrations, composed of representatives from the General Administration of the State (of the ministerial departments with responsibilities in this area), of communities and autonomous cities , and local authorities. This Committee may create working groups specialized in those participating experts in the field concerned, public or private sector.
Title II is devoted to the instruments in waste policy. Following the lines marked by the policy framework, plans and programmes of waste management and waste prevention programs are collected as instruments of planning. Also establishes the possibility of adopting measures and economic instruments, among them the fees applicable to the discharge of waste through deposit on landfill and incineration of household waste.
Waste management planning is another essential instrument for waste policy. Therefore this Act develops these plans at national, regional and local level: the national framework of waste management Plan defines the general strategy of waste management as well as minimum goals, the autonomous communities shall draw up their respective regional waste management plans and is it possible to local authorities so that they perform, separately or jointly waste management programs.
Given the importance attached to prevention in the generation of waste, the directive includes a specific instrument: programs of waste prevention which establish measures and prevention targets. These programs can be integrated into plans and programmes of waste management, other environmental policy programmes, or be established as separate programs.
IV the title III of the Act is «production, possession and management of waste» header and develops the obligations of producers and waste managers. In this title the objective has been to achieve greater clarity and systematization of the obligations of the subjects involved in the chain of production and management of waste, as well as a simplification of administrative burdens on operators, replacing part of authorisations existing in the previous law on communications. This evolution of the replacement of authorizations by communications fits into the overall process of substitution of the a priori of the administration control by an a posteriori control, which does not slow down the onset of economic activities, but which in any case does not imply a loss of control by the administration but a change in the moment in which this takes place.
East title III has been organized in three chapters on the obligations of the producers or other initial holders of waste, waste managers obligations and, finally, the third chapter establishes the regime of authorizations and communications on waste.
In the first chapter are collected their waste management obligations of producers or other initial holders of waste as well as those relating to the storage, mixing, packaging and labelling of waste. The producer or the initial holder of the waste must ensure the treatment suitable waste, for which different options (that treatment is carried out by itself or released to a third party, whether public or private), are established in any case the operations carried out must prove documents. Also establishes the scope of responsibility of the producers and initial holders of waste, establish the obligations relating to the delivery of domestic waste and commercial waste, and collected specificities relating to hazardous waste.
Chapter II concerning the obligations of managers is divided into four sections, the first regulates the General obligations of the managers in relation to the storage and subscription of insurance or surety requirements as well as the specific obligations of the managers of waste according to their activity.
The second section sets the objectives and measures in the management of waste. These will be aimed at encouraging preparation for re-use and recycling by setting concrete objectives for implementation of separate materials collection. Also establishes specific objectives for preparation for re-use and recycling of household waste, and preparing for re-use, recycling and recovery for construction and demolition waste.
A third section makes express reference to bio-waste and allows that plans and programmes include measures to boost their separate collection to allocate them to the biological treatment and obtain quality organic amendments.
The fourth section of this chapter II regulates the transfer of waste, understood as transport for disposal and recovery. He is set, in the first place, the legal regime of transfers in the interior of the State, watching as the only causes of opposition to them the environmental grounds listed in Regulation (EC) No. 1013 / 2006 and the framework directive itself. The input and output of waste of the national territory are regulated in accordance with the aforementioned Community regulation, entering this law as a new obligation that those who organize transfers submitted information relating to non-hazardous waste, control and statistical purposes.
V in chapter III of title III relating to communications and authorisations for the activities of production and management of waste. Companies that produce hazardous waste and non-hazardous waste in quantity of more than 1 000 t per year are subject to the requirement of prior notice in the autonomous community where they are located, this form is endowed to the autonomous communities of information necessary to facilitate the monitoring and control of waste production, and administrative procedures are simplified to the enterprises that produce hazardous waste replacing the previous system of authorization by the current communication.
Also this standard affects the legal regime applicable to waste management in its broadest sense buying and selling waste (negotiation), agency, collection, transportation and treatment, setting for those companies whose activity is not linked to an installation, a system of communication only in the autonomous community where they have a home, avoiding the repetition of administrative procedures in the rest of the autonomous communities you intend to operate.
The regime applicable to the activities of waste management which occur in a particular installation is authorization, to the company that will develop the activity, both installations where it develops.
It should be emphasized that there is a specific legal regime for all waste storage operations, but that, when it is a processing operation, the installation will require prior authorization. On the other hand, when the producers of waste stored their own waste at the place of production and are obliged to present communication, they must include this storage conditions on the content of the communication.
VI law dedicates his title IV to the 'extended responsibility of the producer of the product'. Even if not it can be said that this regulation enter ex novo, if should be noted that he is set for the first time a systematic and coherent legal framework under which producers of products which with its use become waste are involved in the prevention and management of the Organization, promoting reuse recycling and the recovery of waste, the inspiring principles of this new legislation.
The law defines the scope of this responsibility, establishing obligations which, through the corresponding regulatory development, it may be subject producers, both in the phase of design and production of their products and for the management of waste resulting from their use.
As to how to meet these obligations, the law allows is made on an individual basis or through collective systems. In this case the producers shall constitute an entity with its own legal personality and non profit, ensuring access for all producers on the basis of objective criteria. This course is envisaged an authorization system with the participation of the Commission for coordination in the field of waste, which ensures a smooth performance throughout the national territory of the collective systems.
Individual systems, on the other hand, are not subject to this administrative authorisation scheme, but communication prior to the beginning of its activity, in line with the principle, inspiring also law, facilitate citizens and businesses access to and exercise of service activities.
VII the title V contains the regulation of contaminated soils, concept used for the first time in our legal system by law 10/1998, of April 21, which is now repealed. For this reason it was considered essential to maintain the legal regime that is already in force, although in the light of the experience gained, some issues are qualified as the determination of the individuals responsible for the contamination of the soil. In addition, and in order to acquire a better understanding of the situation of the contaminated soils are regulated reporting obligations that are subject to both holders of potentially polluting activities of the soil and the owners of contaminated soils and creates the State inventory of contaminated soils.
VIII. as mentioned previously, one of the objectives of this law is to increase transparency in the management of waste and enable its traceability, and to this end is the title VI, dedicated to the register and information on waste.
The Act regulates the registration of production and waste management that incorporates information from the records of the autonomous communities and such information may be used by other public administration in order to reduce administrative burdens. This registration will take place according to the rules.
To facilitate the functions of monitoring and inspection which the law attributes to public administrations, is set to entities or companies registered, the obligation to keep a chronological file in which record information relating to the production and waste management operations facilitating the traceability of the waste from its production to its final treatment.
The annual sending of information to the autonomous communities by institutions or companies of waste treatment will improve information on production and management of waste and dispose of precise and reliable, basic information to develop waste policy and comply with information obligations, and international community.
IX finally the title VII regulates responsibility, monitoring, inspection and control, and the sanctioning regime.
In line with the deletion of certain administrative permits and its replacement by a communication prior to the commencement of activities, law strengthens the powers of the public administrations for inspection, monitoring and control activities related to waste and contaminated soils.
The penalties represents an update of the content in law 10/1998, of April 21. To this end, and taking into account the experience acquired, have categorized more accurately certain infractions and sanctions, making them more consistent and effective with respect to the purposes which are pursued.
With regard to the sanctions reviewed the amount, according to the seriousness of the conduct, and has been introduced the obligation to repair the damage caused to natural resources under the terms of law 26/2007, of October 23, of environmental responsibility.
Regarding the sanctioning has been expanded from the owners of the local authorities and, in order to reinforce the preventive character of the law, included the possibility that the competent body can take essential interim measures before the start of the procedure, in cases of emergency and for the provisional protection of the interests involved.
End of Act part x concerning, declares the first additional provision of public utility and social interest, for the purposes of the legislation of compulsory purchase, the establishment or expansion of facilities for storage, recovery and disposal of waste; the second establishes a timetable for the gradual replacement of single-use of non-biodegradable plastic shopping bags; the third provides for the General Administration of the State to establish measures to finance the additional cost involved in the valorisation of waste generated in the Illes Balears, Canary Islands, Ceuta and Melilla; by the fourth is that the regulation of contaminated soils contained in the Act should be understood without prejudice to the provisions contained in the regulatory laws of national defense; the fifth provides for the application of this law without prejudice to the rules on protection of the health and prevention of occupational risks; the sixth established control of the activities of relevant waste to public safety management; the seventh allows subjects bound to sign guarantees in accordance with this law and other regulations to do so in a single instrument, and specifies that those intended to cover the environmental restoration shall be calculated pursuant to the regulations of environmental responsibility; the eighth sets within three years to adapt to this law of development provisions on waste. The ninth additional provision allows the handling of procedures and the transmission of information by electronic means in accordance with law 11/2007, of 22 June, citizens electronic access to public services; the tenth additional provision obliges the Government to submit to the courts a bill on compensation for the waste sector greenhouse gas emissions; the eleventh establishes a working group specialised in the field of packaging in the Committee and the twelfth obliges the Government to promote technical cooperation and collaboration between the public administration and the private sector. Finally the thirteenth additional provision promotes the promotion of research on the prevention and management of waste.
Transitional arrangements with regard to by-products, local ordinances, contracts are established in force of local authorities for the management of commercial waste, extended producer responsibility systems, existing financial guarantees, the record's production and management of waste and for authorizations and communications. They also attributed to transitionally organs which so far had attributed the powers which the law assigns to the Commission for coordination in the field of waste.
With the repeal provision, is the express repeal of law 10/1998, of April 21.
The final provisions, are ultimately devoted to the definition of competence certificates; they make explicit the work of transposition of Community law which carries out the law; they empower the Government to conduct the regulatory development and set as entry into force of the Act, the day following its publication in the "Official Gazette".
XI as regards the annexes, the I and II listed, respectively, disposal and recovery of waste operations. The third describes the characteristics of wastes which render them hazardous. Annex IV contains examples of waste prevention measures. The V Specifies the content of the regional waste management plans.
Annex VI describes the content of the application for authorisation for the treatment of waste, the 7th the content of the authorization for the treatment of waste and the 8th the content of communications regulated by law.
Annexes IX and X Specifies the content of communication and authorization, respectively, of individual and collective systems of extended producer responsibility.
Finally annex XI contains the obligations of information in the field of contaminated soils, and the 12th of the waste treatment companies reporting obligations.
Title I provisions and general principles chapter I General provisions article 1. Object.
This law is to regulate the management of waste promoting measures that prevent their generation and partners to mitigate adverse impacts on human health and the environment to his generation and management, improving efficiency in the use of resources. It has also as object regulate the legal regime of the contaminated soils.
Article 2. Scope of application.
1 this law is applicable to all types of waste, with the following exclusions: a) the atmospheric emissions regulated in law 34/2007, of 15 November, protection of the atmosphere and air quality, as well as the carbon dioxide captured and transported for the purpose of geological storage, and effectively stored in formations in accordance with law 40/2010 , of 29 December, on geological storage of carbon dioxide. It also applies to the geological storage of carbon dioxide made for the purpose of research, development or testing of new products and processes whenever the planned storage capacity is less than 100 kilotonnes.
(b) uncontaminated excavated soils and other natural materials excavated during construction activities, when you have the certainty that these materials will be used for the purpose of construction in its natural state in place or work where they were extracted.
(c) radioactive waste.
(d) declassified explosives.
e) the faecal matter, if they are not covered by paragraph 2.b), straw and other natural material, agricultural or forestry, non dangerous, used in farms and livestock, forestry or energy production based on this biomass, using procedures or methods that do not endanger human health or damage the environment.
2 this law shall not apply to waste then cited the aspects already covered by other community or national standard transposing into our system rules: to) waste water.
(b) animal by-products covered by Regulation (EC) No. 1069 / 2009 of the European Parliament and of the Council of 21 October 2009, by which establish health rules for animal by-products and derived products not intended for human consumption and which repeals is Regulation (EC) No. 1774 / 2002.
They are not included in this exception, and therefore shall be governed by this law, animal by-products and derived products, when intended for incineration, landfills or use in a biogas or composting plant.
(c) the carcasses of animals that have died so different from the sacrifice, including those who have been killed to eradicate epizootic diseases, and that are eliminated pursuant to Regulation (EC) No. 1069 / 2009 of the European Parliament and of the Council of 21 October 2009.
(d) waste resulting from prospecting, extraction, treatment or storage of mineral resources and from the working of quarries covered by Royal Decree 975/2009, June 12, on the management of waste from extractive industries and protection and rehabilitation of the area affected by mining activities.
3. without prejudice to the obligations imposed pursuant to specific legislation, shall be excluded from the scope of this law sediments relocated inside surface waters for the purposes of management of waters and waterways, preventing floods or mitigating the effects of floods and droughts , or creation of new areas of land, if it is shown that these sediments are not dangerous.
4. contaminated soils shall be governed by title V of contaminated soils.
Article 3. Definitions.
For the purposes of this Act shall mean: a) 'Waste': any substance or object which the holder dispose or intends or is required to discard.
(b) "household waste": waste generated in households as a result of domestic activity. Domestic waste the similar to the previous generated in industries and services are also considered.
Also include in this category the waste generated in households of electrical and electronic equipment, clothing, batteries, accumulators, furniture and appliances as well as waste and debris from minor home repair and construction works.
Wastes from cleaning of public roads, green areas, recreational areas and beaches, dead pets and abandoned vehicles shall be regarded as household waste.
(c) "trade waste": waste generated by the activity of the trade, to the wholesale and the retail, services catering and bars, offices and markets, as well as from the rest of the service sector.
(d) "industrial waste": waste resulting from the processes of manufacture, processing, use, consumption, cleaning or maintenance generated by industrial activity, excluding the atmospheric emissions regulated in law 34/2007 of 15 November.
(e) ' hazardous waste': residue that has one or more of the hazardous characteristics listed in annex III, and the one who adopted the Government in accordance with provisions in the directive or in the international conventions to which Spain is a party, as well as vessels and containers that have contained them.
f) "Used oil": all oils mineral or synthetic, industrial or lubrication, which are no longer suitable for its originally intended use as used combustion engine oils and gearbox oils, lubricating oils, oils for turbines and hydraulic oils.
(g) «Biorresiduo»: biodegradable waste from gardens and parks, food and kitchen waste from households, restaurants, shops and services catering to the retail; as well as comparable waste from food processing plants.
(h) ' prevention': set of measures taken in the phase of conception and design, production, distribution and consumption of a substance, material or product, to reduce: 1 the quantity of waste, including through the re-use of products or the extension of the useful life of products.
2. the adverse impacts on the environment and human health of the waste, including the use of materials or energy savings.
3rd content of harmful substances in materials and products.
(i) "waste producer": any natural or legal person whose activities produce waste (original waste producer) or any person making pretreatment, mixing or other operations resulting in a change of nature or composition of this waste. In the case of goods withdrawn by control and inspection services in the border facilities it will consider producer of waste to the representative of the goods, or to the importer or exporter of the same.
(j) ' holder of waste': the waste producer or another natural or legal person who is in possession of waste.
(k) ' merchant': any natural or legal person acting on their own in the purchase and subsequent sale of waste, including traders who do not take physical possession of the waste.
(l) «actor»: any natural or legal person who organizes the recovery or disposal of waste on behalf of third parties, including agents who do not take physical possession of the waste.
(m) ' waste management': collection, transport and treatment of waste, including the supervision of such operations, as well as post-warranty maintenance closure of landfills, including the actions carried out as a merchant or agent.
(n) «waste management»: the person or entity, public or private, registered by means of authorization or communication that perform any of the operations that make up the management of waste, whether or not the producer thereof.
(n) «pickup»: operation consisting of the collection of waste, including initial transport to a treatment facility for sorting and storage.
(o) "separate collection": the collection where a waste stream is maintained separately, according to their type and nature, to facilitate a specific treatment.
(p) ' re-utilization ' shall mean: any operation by which products or components of products that are not waste are used again for the same purpose for which they were conceived.
(q) ' treatment': the operations of recovery or disposal, including preparation prior to recovery or disposal.
(r) «valorisation»: any operation whose main result is that waste serves a useful purpose by substituting other materials that otherwise would have been used to fulfil a particular function, or that the residue is prepared to fulfil that function, in the plant or in the economy in general. Annex II contains a non-exhaustive list of recovery operations.
(s) ' preparing for re-use': operation of valuation consists in checking, cleaning or repair, by which products or components of products that have become waste are prepared so that other previous transformation can be reused without any.
(t) ' recycling': entire operation valuation by which waste materials are transformed again into products, materials or substances, whether it is with the original purpose or for any other purpose. It includes the transformation of organic material, but not energy recovery and transformation in materials that will be used as fuels or for filling operations.
(u) "regeneration of waste oils": any operation of recycling that allows to produce base oils by refining waste oils, in particular by the removal of the contaminants, oxidation products and additives containing such oils.
(v) ' disposal': any operation which is not recovery, even when the operation has as a secondary consequence the use of substances or energy. Annex I contains a non-exhaustive list of disposal operations.
((w) ' best available techniques': best available techniques as defined in article 3, paragraph n), of law 16/2002, of July 1, integrated pollution prevention and control.
(x) ' contaminated soil': one whose characteristics have been negatively altered by the presence of dangerous chemical components from human activity, in such a concentration that involves an unacceptable risk to human health or the environment, in accordance with the criteria and standards to be determined by the Government, and so declared by express resolution.
and) «Compost»: organic amendment obtained from thermophilic and aerobic biological treatment of biodegradable waste separately collected. Not be considered compost organic material obtained from plants of mechanical biological treatment of mixed waste, which is referred to as bioestabilizado material.
Article 4. By-products.
1 a substance or object, resulting from a production process, whose primary purpose is not the production of that substance or object, can be regarded as a by-product and not as waste defined in article 3, paragraph a), when the following conditions are met: to) that you have security that the substance or object will be used subsequently (((, b) that can be used the substance or object directly without having to undergo a further processing other than normal industrial practice, c) that occurs the substance or object as an integral part of a production process, and (d)) that further use meets all the relevant requirements relating to products and to the protection of human health and the environment unless it produces general adverse impacts to human health or the environment.
2. the Commission of coordination in the field of waste will evaluate the consideration of these substances or objects such as by-products, taking into account provisions of applicable in regard to the scope of the European Union, and propose their approval to the Ministry of environment and rural and marine that will issue the corresponding ministerial order.
Article 5. End-of-waste status.
1. by order of the Minister of the environment and Rural and Marine Affairs may lay down specific criteria to certain types of waste, which have been subject to a recovery operation, including recycling, be met so that they can be considered as such, for the purposes of the provisions of this law and provided that the following conditions are met (: a) the substances or objects resulting from commonly used for specific purposes;
(b) that there is a market, or a demand for such substances or objects;
(c) that the substances or objects resulting from meet the technical requirements for specific purposes, existing legislation and standards applicable to products; and (d) that the use of the substance or object resulting does not generate adverse impacts to the environment or health.
2. in the preparation of this order be taken into account the previous study that we will be the Commission's coordination of waste, which will examine provisions in its case by the European Union, the applicable jurisprudence, the principles of precaution and prevention, any harmful material resulting impacts and, when necessary, the origin include values for the polluting substances.
3. the substances or objects affected by the preceding paragraphs and its implementing rules, shall be computed as waste recycled and valued for the purposes of the fulfilment of the targets for recycling and recovery when the recoverability and recyclability criteria laid down in these rules have been met.
Article 6. Classification and European list of waste.
1. the determination of waste which are to be considered as hazardous and non-hazardous waste will be in accordance with the list established by Decision 2000/532/EC of 3 May 2000 Commission.
2 by order of the Minister of the environment and Rural and Marine Affairs, after consultation with the Commission for coordination in the field of waste, may reclassify a waste in the following terms, as, in his case, the procedures provided for in article 7 of Directive 2008/98/EC: to) it may be considered as dangerous waste when, although not mentioned as such in the list of waste present one or more of the characteristics indicated in annex III.
(b) may consider waste as non-hazardous when there is evidence that a specific waste that appears on the list as hazardous, does not have any of the characteristics listed in annex III.
When the assumptions of the two preceding paragraphs, the Ministry of environment and Rural and marine affairs it shall without delay notify the European Commission and will be presented with all the relevant information.
3. the reclassification of hazardous waste into non-hazardous waste may not be through a dilution or mixing whose object is the reduction of the initial concentrations of hazardous substances below the limits that define the hazardous nature of waste.
Chapter II principles of the policy of waste and administrative powers article 7. Protection of human health and the environment.
1 the competent authorities shall take the necessary measures to ensure that waste management is conducted without endangering human health and without harming the environment and in particular: to) will not generate risk to water, air or soil, fauna and flora;
(b) will cause nuisance by noise or odours; and (c) not adversely ecuacorriente landscapes or places of special interest legally protected.
2. the measures to be taken on waste shall be consistent with the strategies in the fight against climate change.
Article 8. Waste hierarchy.
1 the competent administrations, in the development of policies and legislation in the field of prevention and management of waste, apply to achieve the best overall environmental outcome, the hierarchy of waste in the following order of priority: to) prevention;
(b) preparation for re-use;
(d) another type of valuation, including energy recovery; (and e) elimination.
2. However, if to get the best overall environmental outcome in certain waste streams is necessary to deviate from this hierarchy, is adopt a different priority order prior justification approach to life cycle impacts of the generation and management of waste, taking into account the principles of precaution and sustainability in the field of environmental protection technical and economic viability, protection of resources, as well as the set of environmental impacts on human health, economic and social, in accordance with articles 1 and 7.
Article 9. Self-sufficiency and proximity.
1. the Ministry of environment and Rural and marine environment in collaboration with the autonomous communities, and if it is necessary to other Member States, take appropriate measures, without prejudice to the application of the waste hierarchy in its management, to establish an integrated network of disposal of waste and facilities for the recovery of mixed domestic waste , even when the collection also covers similar waste from other producers, taking into account the best available techniques.
2. the network shall allow the waste disposal or the recovery of waste referred to in paragraph 1, in one of the nearest appropriate installations, by using technologies and the most appropriate methods to ensure a high level of protection of the environment and public health.
Article 10. Access to information and participation in waste.
Government would guarantee the rights of access to information and participation on waste in the terms provided by law 27/2006 of 18 July, which regulates the rights of access to information, public participation and access to justice in environmental matters.
Public administrations develop and be published, as a minimum, each year a report of situation on the situation of production and management of waste, including collecting and processing data disaggregated by fractions and provenance. These reports will be of national and regional level and, where appropriate, local. Also the information contained in the record of production and management will be public as provided for in article 39.
Public administrations, stakeholders, and the public in general will have the opportunity to participate in the preparation of plans and programmes listed in articles 14 and 15. As well as in the assessment of the effects of certain plans and programmes on the environment in accordance with law 9/2006 of 28 April, on assessment of the effects of certain plans and programmes on the environment. These plans and programs shall be public and the competent authorities will put them on a publicly accessible web page.
Article 11. Costs of management of waste.
1. in accordance with the polluter pays principle, the costs relating to the management of waste will have to borne by the initial producer of waste, the current holder or former holder of the waste pursuant to articles 42 and 45.2.
2. the rules governing the expanded responsibility of the producer for certain waste streams, will establish the assumptions that costs relating to its management will have to be borne partly or wholly by the producer of the product they came from waste and when the distributors of the product may share these costs;
3. in the determination of the costs of the management of domestic waste and commercial waste managed by the local authorities, the actual cost of collection, transport and treatment of waste operations, should include including monitoring of these operations, and subsequent to the closure of the landfill maintenance.
Article 12. Administrative skills.
1. the Council of Ministers, on a proposal from the Ministry of environment and Rural and Marine Affairs, will adopt the national waste management framework Plan.
2 General Administration of the State shall exercise the power of supervision and inspection, and powers to impose penalties in the field of its competences.
3 the competent Ministry in the field of environment, should be: to) elaborate national Plan of waste management framework.
(b) establish the minimum objectives of reduction in the generation of waste, as well as preparation for the reuse, recycling and other forms of compulsory for certain types of waste recovery.
(c) authorize the shipment of waste from or to third countries not belonging to the European Union as well as carry out the functions of inspection and sanction arising from the mentioned regime of transfers, without prejudice to collaboration that can be provided by the autonomous community where the corresponding activity centre is located.
d) carry out the functions that correspond to the national authority in the cases in which Spain is State of transit for the purposes of article 53 of Regulation (EC) No. 1013 / 2006 of the European Parliament and of the Council of 14 June 2006 relating to the shipment of waste.
(e) collect, prepare and update the information necessary for the fulfilment of the obligations arising from national, community, conventions or any other obligation of public information law.
(f) other competences that attributed the remaining rules on waste.
4 corresponds to the autonomous communities: a) the development of regional programmes of prevention of waste and the regional plans of waste management b) authorization, surveillance, inspection and sanction the activities of production and management of waste.
(c) the registration of information in production and management of waste in its area of competence.
(d) the granting of the authorization of the shipment of waste from or to countries of the European Union, regulated in Regulation (EC) No. 1013 / 2006 of the European Parliament and of the Council of 14 June 2006, as well as the transfers inside the territory of the State and the inspection and, if necessary, sanction for aforementioned schemes transfers.
(e) the exercise of the power of supervision and inspection, and powers to impose penalties in the field of its competences.
(f) any other competition in the field of waste not included in paragraphs 1, 2, 3 and 5 of this article.
5 corresponds to local authorities or to the territorial governments where appropriate: to) as compulsory service, collection, transport and treatment of household waste generated in households, businesses and services in the form in which to establish their respective regulations in the legal provisions of this law, which in his case handed down the autonomous communities and the sectoral legislation on extended producer responsibility. This service corresponds to the municipalities which may carry out independently or associated.
(b) the exercise of the power of supervision and inspection, and powers to impose penalties in the field of its competences.
(c) local authorities can: 1 develop programmes of prevention and management of waste within its competence.
2. manage non-hazardous commercial waste and domestic waste generated in the industries in the terms that establish their respective regulations, without prejudice to manage that waste producers themselves in the terms provided for in article 17.3. When the local authority established its own system of management may impose, in a reasoned way and based on criteria of efficiency and effectiveness in the management of waste, the compulsory incorporation of the producers of waste to such a system in certain cases.
3rd through their regulations, forcing the producer or other holder of household hazardous wastes or residues whose characteristics make it difficult for management to take measures to eliminate or reduce these characteristics or because they deposit them in proper form and place.
4th make its waste management activities directly or through any other form of management provided for in the legislation on local government. These activities can be performed by each local authority independently or through partnership of several local authorities.
6. public administrations in their respective fields of competence may declare public service all or some of the operations of certain waste management when it is accordingly justified by reasons of adequate protection of human health and the environment.
Article 13. Committee on coordination in the field of waste.
1. is created Coordination Commission on waste, ascribed to the Ministry of environment and Rural and marine, as technical cooperation and collaboration between the competent administrations in the field of waste.
2 this Committee shall exercise the following functions: to) promote cooperation and collaboration between public administrations with competences in the field of waste.
b) prepare reports, opinions or studies requested him by their members, or on its own initiative.
(c) develop recommendations, among other subjects, about sustainability, effectiveness and efficiency of the systems of management of flows of residues, quality of recycling, as well as labelling requirements.
(d) analyse the application of the rules of waste and their impact.
(e) analyse and assess available information on waste with the aim of keeping knowledge up to date and available for the administrative authorities of the location of the waste of the Spanish State in the context of the European Union. In particular, we will analyze the information relating to packaging and packaging waste and be developed the appropriate recommendations in order to prevent the generation of packaging waste and contribute to a more efficient management of the same.
f) exercise the powers conferred on you by this standard with regard to by-products, loss of end-of-waste status, the reclassification of waste or the reception of notification of transfer.
(g) analyse the justifications of the alterations in the order of priorities of the waste hierarchy based on a lifecycle approach.
(h) any other function of exchange of information or advice on issues related to the matters regulated by this law that could be entrusted by the Ministry of environment and Rural and marine affairs or the autonomous communities.
(i) the functions attributed to them by this law or other regulations.
(j) Exchange information and make recommendations on the implementation of the provisions relating to authorisations concerning collective systems of extended producer responsibility.
(k) with prior to the preparation of waste management plans, including the National Plan framework, propose contents and guidelines.
3. the Commission's coordination in the field of waste shall be chaired by the Director General for quality and environmental assessment and which by one of the representatives of the autonomous communities. By order of the Minister of the environment and rural and marine shall appoint 30 members that make up the Commission, among them a member appointed by each autonomous regions, a member appointed by each of the cities of Ceuta and Melilla, three members of the local authorities appointed by the Association of State level with greater implementation and eight vocal representatives of ministerial departments , or organisms attached to them, with skills that have an impact on this issue, with the rank of Deputy Director general or equivalent.
An alternate shall be appointed for each of the members of the Commission. It will act as Secretary, with voice and vote, an official of the Ministry of environment and Rural and marine affairs.
4. the Commission for coordination in the field of waste can create specialized working groups that will serve as a support for the fulfilment of the functions that commit you this Act. Technicians or experts in the field in question, from the public sector, the private sector and civil society can participate in these groups.
5. the Commission shall adopt its rules of operation, to be adjusted to the provisions on collective bodies contained in chapter II of title II of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
Title II article 14 waste policy instruments. Plans and programmes of waste management.
1. the Ministry competent in the field of environment, prior consultation to the autonomous communities, local authorities, other affected ministries and where appropriate in cooperation with other Member States, shall establish, in accordance with this law, the State Plan frame waste management containing the general strategy of the policy of waste, the guidelines and the structure to which regional plans must comply as well as minimum targets to meet prevention, preparation for re-use, recycling, recovery and disposal. The definition of these objectives will be consistent with the strategy of reduction of greenhouse gas and international commitments on climate change.
2. the autonomous communities shall draw up regional plans of waste management, after consultation with local authorities where appropriate, in accordance with this law.
Autonomic management plans will contain an updated analysis of the situation of waste management in the territory of the autonomous community, as well as a statement of the measures to facilitate reuse, recycling, recovery and disposal of waste, establishing goals of prevention, preparation for the reuse, recycling, recovery and disposal and the estimation of its contribution to the achievement of the objectives set out in this law , in the other rules on waste and other environmental standards.
The plans will include the elements listed in annex V.
3. the local authorities within the framework of its powers, may develop programs of management of waste in accordance and in coordination with the National Plan framework and regional waste management plans. Local authorities may develop these programs individually or grouped.
4. in the preparation of plans and programmes of waste management measures that impact significantly on the reduction of greenhouse gas emissions will be assessed.
5. the plans and programmes of waste management will be evaluated and reviewed at least every six years.
Article 15. Waste prevention programmes.
1. public administrations, in their respective areas of competence, they will approve before the 12 December 2013, programmes of waste prevention which will establish the objectives of prevention, reducing the amount of waste generated and reduction of the amount of dangerous or polluting substances, described existing prevention measures and will evaluate the utility of the examples of measures indicated in annex IV or other appropriate measures. These measures are routed to achieve the reduction of the weight of the waste produced in 2020 by 10% compared to the generated 2010. It is these objectives and measures intended to break the link between economic growth and the impacts on human health and the environment associated with the generation of waste.
2 waste prevention programmes may be adopted independently or integrated into plans and programmes on waste or other environmental management. When prevention programmes are integrated into other plans and programmes, preventive measures and their timetable for implementation must be clearly distinguished.
3. the competent administrations, in order to monitor and evaluate progress in the implementation of prevention measures, will determine the instruments allowing periodic evaluations of progress and may determine specific qualitative and quantitative indicators and objectives.
4. the evaluation of waste prevention programmes will take place at least every six years, it will include an analysis of the effectiveness of the measures taken and their results must be accessible to the public.
Article 16. Measures and economic instruments.
1. the competent authorities may provide economic, financial and fiscal measures to promote the prevention of waste generation, implement separate collection, improve the management of waste, promote and strengthen the recycling markets, as well as for the waste sector contribute to the mitigation of greenhouse gas emissions. Fees applicable to the dumping and incineration of household waste may be established for these purposes.
2. public administrations will promote the use of reusable products easily recyclable materials, and products made with materials from waste, whose quality meets the required specifications within the framework of public procurement contracts.
3. with respect to the susceptible waste be recycled, public administrations can articulate on a temporary basis, mechanisms that prioritize recycling within the European Union, when it is justified for environmental reasons.
Title III production, possession and management of chapter I waste production and initial possession of the waste article 17. The producer or other holder initial obligations relating to the management of their waste.
1 producer or other holder initial waste, to ensure the proper treatment of their waste, shall be obliged: to) carry out the treatment of the waste itself.
(b) order the treatment of their waste to a merchant, or an entity or company, all of them are registered in accordance with the provisions of this law.
(c) deliver waste to a public or private waste collection agency, including institutions of social economy, for treatment.
Such operations must register documents.
2. the delivery of the waste for treatment will be held in the terms that establish local ordinances.
3. the producer or other initial holder of non-hazardous commercial waste must certify documents the correct management of its waste to the local authority or it may invoke the public management system, where it exists, in terms that establish the regulations of local authorities.
Breach of the obligations of management of non-hazardous commercial waste by its producer or other holder, the local authority will assume the management subsidiary and may have an impact to the obligor to perform it, the actual cost of the same. All this without prejudice to the responsibilities which the obligor would have incurred.
4 the producer or other holder initial waste, to facilitate the management of its waste, shall be obliged: to) supply companies authorised to carry out waste management the information needed for proper treatment and disposal.
(b) local authorities provide information on waste that delivered to them when they present special features, that they may cause disorders in the transportation, collection, recovery or disposal.
(c) inform immediately the competent environmental management in case of disappearance, loss or escape of hazardous waste or of those which by their nature or quantity may damage the environment.
5. the rules of each waste stream may establish the obligation of the producer or other holder of waste separate them by types of materials, on the terms and conditions to be determined by law, and provided that this obligation is technical, economic and environmentally feasible and appropriate, to meet the necessary quality criteria for the relevant recycling sectors.
6. in addition to the obligations laid down in this article, the producer or other holder of hazardous waste shall meet the requirements listed in the regulations established procedure relating to hazardous waste.
Hazardous waste producers will be required to develop and refer to the autonomous region a study of minimization by committing to reduce their waste production. Small producers of hazardous waste whose production does not exceed the amount established by law are exempt from this requirement.
7. the producer of hazardous waste may be required to sign a financial guarantee covering the responsibilities that their activities could give rise according to their characteristics, dangerousness and risk potential.
Small producers of hazardous waste, defined by law are exempt from this requirement.
8. the responsibility of the producers or other initial owners of domestic and commercial waste, concludes, when they delivered them on the terms laid down in ordinances and the rest of the legislation.
The responsibility of the other producers or other holders of the initial waste, when no treatment if same, concludes when they delivered them to a merchant for processing, or to a company or entity of treatment always authorized delivery proving documents and is made to meet the legally established requirements.
Article 18. Obligations of the producer or other holder of initial storage, mixing, packaging and labelling of waste.
In relation to the storage, mixing and labelling of waste at the place of production, the producer or other initial holder of waste is obliged to: 1. maintain the waste stored in proper conditions of hygiene and safety while they are in your possession.
The duration of the storage of non-hazardous waste at the place of production will be less than two years when for a year when intended for disposal and recovery. In the case of hazardous waste, in both cases, the maximum duration is six months; in exceptional circumstances, the competent body of the autonomous communities where you carry out the storage, for duly justified reasons and provided to ensure the protection of human health and the environment, may modify this term.
Mentioned deadlines begin to compute since it started the waste at the place of storage tank.
2. do not mix or dilute hazardous waste with other categories of hazardous waste or with other waste, substances or materials.
Waste oils of different characteristics when it is technically feasible and economically viable, is not mixed between them or with other waste or substances, if such mixing impedes their treatment.
3 store, package and label hazardous waste at the place of production prior to their collection and transport in accordance with the applicable rules.
Article 19. Hazardous household waste.
To fractions separated from hazardous waste generated in households not will them apply the obligations arising from its consideration as hazardous waste until they are not accepted by an entity or company registered for your collection or treatment.
Chapter II of the waste management section 1 obligations in the management of waste article 20. Obligations of the managers of waste.
1 the entities or companies that carry out an activity of waste treatment must be: to) carry out the treatment of the waste delivered in accordance with your authorization and documents prove this.
(b) adequately manage waste produced as a result of its activity.
2 entities or undertakings which collect or transport waste on a professional basis must be: to) pick up the waste and transport them fulfilling the requirements of transport regulations, the remaining rules and contractual provisions.
b) maintained during collection and transportation, hazardous waste packaged and labelled in accordance with the international and community standards with.
(c) deliver the waste for treatment to entities or companies authorized and have a documentary accreditation of this installment.
3. the merchants and agents shall comply with stated in its communication of activities and the terms and conditions assumed by contract.
The merchants will be required to ensure that a full operation of waste treatment who purchase is carried out and documented credit it to the producer or other initial holder of such waste.
4 General managers of waste are obliged to: to) keep the waste stored in conditions which attach your authorization. The duration of the storage of non-hazardous waste will be less than two years when for a year when intended for disposal and recovery. In the case of hazardous waste, in both cases, the maximum duration is six months; in exceptional circumstances, the competent body of the autonomous communities where you carry out the storage, for duly justified reasons and provided to ensure the protection of human health and the environment, may modify this term. During storage the hazardous waste must be packaged and labelled pursuant to international and community standards in force.
Mentioned deadlines begin to compute since it started the waste at the place of storage tank.
(b) constitute a bail in the case of hazardous waste, and when the rules governing specific waste management or those regulating management operations so require it. Such deposit shall respond to the Administration's compliance with the obligations arising from the exercise of the activity and authorization or communication.
(c) sign an insurance or constitute an equivalent financial security in the event of entities or businesses that make hazardous waste treatment operations and when so require it the norms that regulate the management of specific waste or those regulating management operations, to meet the responsibilities arising from these operations. This guarantee must cover, in all cases: 1 the compensation for death, injury or illness of people.
2. compensation for damage to things.
3 the costs of repair and recovery of the altered environment. This amount shall be determined pursuant to the provisions of the legislation on environmental liability.
(d) not to mix hazardous waste with other categories of hazardous waste or with other waste, substances or materials. The mixture includes the dilution of hazardous substances.
The competent authority may permit mixtures only when: 1 mixing operation is carried out by an authorized company;
2nd do not increase the adverse impacts of the management of waste on human health and the environment, and 3rd operation is done in accordance with best available techniques.
5. in addition to the obligations laid down in this article, managers of hazardous waste shall comply with the requirements in the regulations established procedure relating to hazardous waste.
Section 2 objectives and measures in the management of waste article 21. Collecting, preparing for re-use, recycling and recovery of waste.
1. the environmental authorities in their respective area of competence and attention to the principles of prevention and promotion of reuse and recycling of high-quality, shall take appropriate measures so that priority systems are established to promote the re-use of products and preparing for re-use activities. Promote, inter alia, the establishment of storage facilities for residues capable of re-use and support for the establishment of networks and centres of reuse. Similarly, impetus will be given measures of promotion of the products prepared for reuse through public procurement and quantitative objectives in management plans.
2 to foster the prevention and promote the reuse and recycling of high-quality, may take measures to facilitate the establishment of systems of deposit, refund and return in the terms provided for in article 31.3 for: a) industrial packaging, b) containers and collective transport, c) packaging and packaging waste in glass, plastic and metal d) other reusable products.
This course will take into account technical and economic viability of these systems, all environmental, social impacts and on human health, and respecting the need to ensure the proper functioning of the internal market, especially facilitating broad participation mechanisms provided for in the twelfth additional provision, and must join the work of the Commission of waste institutions and organizations representing all sectors affected by the possible adoption of such systems. The Government will send to the Cortes Generales the mandatory reports of technical, environmental and economic feasibility that occur prior to the implementation of a system of deposit, refund and return.
3. the environmental authorities in their respective area of competence shall take measures to promote recycling of high-quality and, to this end, it will establish a separate collection of waste, including waste oils, as it is technical, economic and environmentally feasible and appropriate, to meet the necessary quality criteria for the relevant recycling sectors.
A separate collection for, at least, the following materials should be established before 2015: paper, metal, plastic and glass.
Separate already existing collection systems can be adapted to the separate collection of the materials referred to in the preceding paragraph. More than one material in the same fraction can pick up provided to ensure its adequate separation later if it does not imply a loss of the quality of the materials obtained or an increase in cost.
4. local authorities will set up spaces, establish instruments or trade measures for the separate household waste collection and where appropriate, that it is necessary to give a management well differentiated by its danger, to facilitate recycling or to prepare the waste for reuse.
5. the environmental authorities in their respective area of competence shall take appropriate measures to ensure that waste are subject to recovery operations. When it is necessary to facilitate or improve recovery, waste will be collected separately and not mixed with other wastes or other materials with different properties.
6. the environmental authorities in their respective plans and programmes shall encourage efficient collection methods in accordance with the characteristics and possibilities of each territory or population, to facilitate compliance with the objectives of preparing for re-use, recycling and valuation.
Article 22. Specific objectives of preparing for re-use, recycling and recovery.
1. with the aim of meeting the objectives of this law and of advancing towards a recycling society with a high level of resource efficiency, the Government and the competent authorities must take necessary measures through plans and programmes of waste management to ensure that the following objectives are achieved and, where appropriate (, those who are established: to) by 2020, the amount of domestic and commercial waste destined for preparation for reuse and recycling for fractions of paper, metals, glass, plastic, bio-waste or other recyclable fractions must reach, altogether, at least 50% by weight.
(b) by 2020, the amount of non-hazardous waste from construction and demolition intended for preparation for re-use, recycling and other recovery of materials, with the exception of materials in their natural state defined in category 17 05 04 in the list of waste shall be at least 70% by weight of the produced.
2. every three years, the autonomous communities shall send to the Ministry of environment and Rural and Marine Affairs the information necessary for the verification of the fulfilment of the objectives laid down in this article.
Article 23. Waste disposal.
1. the environmental authorities in their respective area of competence shall ensure that, when not carried out the assessment pursuant to article 21.5, waste are subject to safe disposal operations to take measures that ensure the protection of human health and the environment. Waste must be subject to treatment prior to disposal unless the treatment is not technically feasible or is not justified for reasons of protection of human health and the environment.
2. authorisations for waste disposal operations may be subject to the provision of a bond or other financial security.
The demand for these warranties shall apply without prejudice of those others that might be payable to responsible waste management subjects.
Section 3 bio article 24. Bio-waste.
Environmental authorities promote, without prejudice to the measures arising from the actions to be undertaken pursuant to the last paragraph of article 22 of Directive 2008/98/EC, community-level measures which may include in the plans and programmes of waste management laid down in article 14, to promote: a) the separate collection of bio-waste destined to composting or anaerobic digestion in particular vegetation fraction Bio-waste of large generators and bio-waste generated in households.
(b) household and community composting.
(c) the treatment of bio-waste separately collected in such a way that will achieve a high degree of protection of the environment carried out in specific facilities without causing you the mixture with waste mixed throughout the process. Where appropriate, the authorization of such facilities shall include technical prescriptions for the proper treatment of bio-waste and the quality of the obtained materials.
(d) the use of compost produced from bio-waste and environmentally safe in agriculture, gardening or the regeneration of degraded areas, in substitution of mineral fertilizers and other organic amendments.
Section 4 of article 25 waste. Regime for the shipment of waste inside the territory of the State.
1 means of waste inside the territory of the State, for the purposes of this Act, the transport of waste from an autonomous region to another, for its recovery or disposal.
Shipments of waste in the interior of the State shall be governed by the provisions of this law, in particular in regards to surveillance, inspection, control and sanctions regime.
Shipments of waste destined for disposal and shipments of mixed domestic waste destined for recovery shall be carried out taking into account the principles of self-sufficiency and proximity.
2. any shipment of waste must be accompanied by an identification document, for the purposes of monitoring and control.
3. operators who are to carry out a shipment of waste to disposal operations shall submit a prior notification to the competent authorities of the autonomous region of origin and the destination.
Also must submit a prior notification to the authorities themselves operators who will make a move for the recovery of mixed domestic waste, hazardous waste and waste for which is determined by law.
For the purposes of this law means operator defined as notifier in article 2.15 of Regulation (EC) No. 1013 / 2006 of the European Parliament and of the Council of 14 June 2006 relating to the shipment of waste.
4 when present a notice to a shipment of waste destined for disposal, the competent bodies of the autonomous communities of origin and destination, within 10 days from the date of receipt of the same, may oppose for the reasons referred to in article 11, paragraphs b), g), h), i) of Community regulation.
5 when present a notice to a shipment of waste intended for recovery the competent bodies of the autonomous communities of origin and destination, within the period of 10 days from the date of receipt of the same, may oppose for the reasons mentioned in article 12, paragraphs to), b) and k) of the Community regulation.
They may also oppose the entry of waste destined to incinerators that are classified as recovery, where any of the following circumstances: to) that transfers would have as a consequence that the waste produced in the autonomous region of destination had to be eliminated.
(b) that transfers had as a consequence that the residues of the autonomous region of destination would have to be treated so that it was not compatible with their waste management plans.
6. paragraphs 4 and 5 shall not apply to waste subject to the general information requirements referred to in article 3, paragraphs 2 and 4 of Regulation (EC) No. 1013 / 2006 of the European Parliament and of the Council of 14 June 2006.
7. the waste that move from one autonomous community to another for treatment, should be computed in the autonomous region of origin, for the purposes of the fulfilment of the objectives contained in its regional waste management plan.
8. the decisions adopted by the autonomous communities in implementation of paragraphs 4 and 5 shall be motivated, notified to the Commission of coordination in the field of waste, and shall not be contrary to the National Plan for waste management framework.
Article 26. Input and output of waste of the national territory.
1. the entrance and exit of waste of the national territory, as well as transit through the same, shall be governed by the provisions in Regulation (EC) No. 1013 / 2006 of the European Parliament and of the Council, of 14 June, Regulation (EC) No. 1418 / 2007 of the Commission of 29 November 2007 concerning the export for recovery purposes , of certain wastes listed in annex III or IIIA of Regulation (EC) No. 1013 / 2006 of the European Parliament and of the Council, of 14 June, to certain countries to which the OECD Decision on the control of transboundary movements of waste, by other Community legislation and the international treaties to which Spain is a party is not applicable.
2. the Ministry of environment and Rural and Marine Affairs may prohibit, motivated, the issue of waste to third countries non-EU when there is any reason to anticipate that they will not be managed in the country of destination, without endangering human health or harming the environment.
In a reasoned manner, the Ministry of environment and Rural and Marine Affairs may prohibit all imports of waste from third countries where there is reason to anticipate that the waste will not be managed without endangering human health or harming the environment, during transportation or further treatment.
3. in addition, the Ministry of environment and rural and marine shipments from third countries, and the autonomous communities, in the case of transfers within the European Union, may limit shipments of waste destined to incinerators that are classified as recovery, when it has been established that such transfers would have as a consequence that national waste would have to be disposed of or that waste would have to be treated in a way inbound that it was not compatible with the regulated in article 14 waste management plans.
The decisions adopted in this sense autonomous communities must be notified to the Ministry of environment and Rural and marine, who shall notify the European Commission.
4. in order to give priority to the regeneration of industrial oils, the competent authorities may restrict exit from the national territory of oils used destined for incineration or co-incineration plant in accordance with the objections provided for in articles 11 or 12 of Regulation (EC) No. 1013 / 2006.
5 on shipments of waste, in accordance with article 18 of Regulation (EC) No. 1013 / 2006, should be accompanied by the document contained in annex VII to that regulation, the person who arranges the transfer shall provide, for the purposes of inspection, implementation, statistics and planning, said document: a) in the case of shipments of waste from or to third countries not belonging to the European Union the Customs authorities and the Ministry of environment and Rural and marine affairs.
(b) in the case of shipments of waste from or to countries of the European Union, to the competent authority in respect of shipments of waste in the region of origin or destination of the transfer, who in turn will provide to the Ministry of environment and rural and marine affairs.
In those cases where community and national legislation required, this information will be treated as confidential information.
Chapter III system of authorization and communication of the activities of production and management of waste article 27. Authorization of waste treatment operations.
1 are subject to the regime of authorisation by the competent environmental body of the autonomous community where they are located, the facilities where they are to developing processing operations of waste, including storage in the field of collection waiting for treatment, as well as enlargement, substantial modification or relocation of the facility.
2. also the natural or legal persons must obtain authorization to perform one or several waste treatment operations. These authorisations shall be granted by the competent environmental body of the autonomous community where the applicants have their domicile and shall be valid for the entire Spanish territory. The autonomous communities may not condition the granting of authorization under this section to the applicant have waste treatment facilities on their territory.
3. in those cases in which the natural or legal person requesting authorization to perform one or more operations of waste treatment is holder of the treatment facility where they are to develop such operations, the competent environmental authority of the autonomous community where the facility is located granted a single authorization covering of installation and treatment operations.
4. the applications for authorization provided for in this article shall contain at least the information indicated in annex VI.
The authorizations provided for in this article will have the contents described in annex VII.
5. for the granting of these authorisations the competent administrative bodies will be, by themselves or with the support of the Collaborating entities duly recognized according to standards that are you application and pre-approval inspections and necessary checks in each case. En_particular, checked: a) the adequacy of facilities operations of treatment provided for therein.
(b) compliance with the requirements technical, professional or any other to carry out this activity by the company that is going to carry out waste treatment operations.
(c) that the intended treatment method is acceptable from the point of view of the protection of the environment. In particular, when the method does not conform to the principles of protection of human health and the environment referred to in article 7, the authorization shall be refused.
(d) that the incineration or co-incineration with energy recovery, operations are performed with a high level of energy efficiency; in the case of household waste, energy efficiency level must conform to the levels fixed in annex II of this law.
6. the authorizations contained in this article may be integrated into authorizations obtained pursuant to other community, State or regional legislation, provided that the requirements laid down in this law.
7 the authorization provided for in paragraph 1 of this article for waste treatment facilities will be integrated in the integrated environmental authorisation granted in accordance with the law 16/2002 of 1 July, integrated pollution prevention and control, and will include the requirements listed in this article as established in article 22.1. g) of law 16/2002 , July 1. The competent authority will incorporate relevant information on your record production and management of waste in accordance with article 39.
8. the authorizations provided for in this article shall be granted for a maximum period of 8 years, last which will automatically renew for successive periods, and shall be entered by the autonomous community in the registration of production and management of waste.
9. the transmission of authorisations shall be subject to prior checking, by the competent authority, that the waste treatment operations and facilities in which those are made comply with regulated in this law and its implementing rules.
10. the deadline for the decision which put an end to the authorisation procedures provided for in this article shall be ten months. Elapsed time without having notified express resolution means rejected the application as filed.
Article 28. Exemptions from permit requirements.
1 may be exempted from authorization entities or companies that carry out their own non-hazardous waste disposal at the place of production or that recovered non-hazardous waste.
2. to grant waivers of authorization provided for in the preceding paragraph shall be established with respect to each type of activity general rules specifying the types and quantities of waste to which this exemption can be applied, as well as the methods of treatment that are to be used.
These rules shall ensure that treatment of the residue shall be performed without endangering people's health and without harming the environment. In the case of disposal operations referred to in paragraph 1, such rules shall take into account the best available techniques.
3. the rules laid down in the preceding paragraph, shall be adopted by order of the Minister of the environment and Rural and Marine Affairs, once analyzed the proposal by the Committee on coordination in the field of waste, and is it shall inform the European Commission.
Article 29. Communication prior to the start of production and waste management activities.
1 without prejudice to provisions of other sectoral regulations, must submit a prior notice at the beginning of its activities the environmental competent body of the autonomous community where they are located, entities or companies that are in any of the assumptions that are set out below: a) installation, expansion, substantial modification or relocation of industries or activities that produce hazardous waste , or which generate more than 1000 t/year of non-hazardous waste;
(b) carry out activities that are exempt from authorisation pursuant to article 28.
2. in addition, they must submit a communication prior to the start of their activities before the competent body of the autonomous community where they have its headquarters, entities or companies that collect waste without an associated installation, carrying the waste on a professional basis and the dealers or agents.
3. the communication will have the contents indicated in annex VIII, shall be valid throughout the national territory and shall be entered, by the autonomous community, which is to be presented at their respective log. This information will be incorporated in the registration of production and management of waste, laid down in article 39.
4 they are exempted from present communication companies that have obtained authorization for the treatment of waste, which as a consequence of their activities produce waste. However, they shall be regarded as waste producers for the other purposes regulated by this law.
Article 30. Restoration of the environmental law.
1 to ensure the observance of this law, the competent authority may take any of the following measures: to) the closure of the establishment or the cessation of the activity when they do not have corresponding authorisations, declarations or registration.
(b) the temporary suspension of the activity when it does not conform to declared or conditions imposed by the aforementioned Authority, whenever this arises a serious risk to the environment or public health, that need to be remedied any defects that may exist during.
2. the acts provided for in the preceding paragraph will not have consideration of sanctions and is will dictate and processed in accordance with provisions in the regional regulations for procedures for the restoration of the environmental law, or where applicable, to procedures governing the granting of authorization, declaration or registration should be granted.
Title IV article 31 product producer extended responsibility. Concept and obligations.
1. for the purposes of this article the term producer of the product the natural or legal person who professionally develops, manufacture, process, try, sell or import products as determined in the development of the extended producer responsibility rules laid down in paragraph 2.
2 in order to promote prevention and improve reuse, recycling and recovery of waste, producers of products that become waste with the use and application of the extended responsibility may be requested a: to) design products in a way that will reduce their environmental impact throughout their life cycle and waste generation both manufacturing as in later use, and in a way to ensure that the recovery and disposal of products that have become waste is developed in accordance with the provisions of this law.
(b) develop, produce, label and market suitable for uses multiple, long-lasting products technically, and that, after having become waste, is easy and clear their separation and they can be prepared for re-use or recycling of a properly and safely and to a recovery and environmentally compatible disposal environment.
(c) accept the return of reusable products, the delivery of waste generated after the use of the product; assume the subsequent management of the waste and financial responsibility for these activities, provide information to preparation for reuse facilities repair and disposal, as well as information accessible to the public on how the product is reusable and recyclable.
(d) establish deposit systems that guarantee the return of the deposited amount and the return product for reuse or waste treatment.
(e) be responsible for all or part of the waste management organization, being able to establish that the distributors of such product to share this responsibility.
(f) from waste materials used in the manufacture of products.
(g) provide information on the placing on the market of products that become waste with the use and management of these, as well as perform economic analyses or audits.
(h) report on the economic impact on the product's compliance with the obligations deriving from the enlarged responsibility.
3. the establishment of these measures will be conducted by Royal Decree approved by the Council of Ministers, taking into account its technical and economic feasibility, the set of environmental impacts and human health, and respecting the need to ensure the proper functioning of the internal market.
In the specific case of packaging and packaging waste for the implantation of a system of deposit, and return, as well as for the determination of its content and scope, will be assessed in addition prior the degree of compliance with the minimum of reuse and recycling targets established by the European directives for containers in general, and compliance with other rules of the European Union as well as the viable expectations of overcoming them, and the circumstances and real possibilities of small and medium-sized enterprises shall be taken into account with due consideration.
4. in the specific regulation of each waste stream the obligation for registration of producers of products may be imposed on Industrial integrated registry.
5. the extended producer responsibility shall apply without prejudice to the responsibility for waste management established in article 20 of this law and the legislation in force regarding specific products and waste flows.
Article 32. Waste management in the framework of the expanded responsibility of the producer of the product.
1 will be compliance with the obligations established in the framework of the expanded responsibility of the producer of the product either individually or collectively. Where public management systems have been implanted, producers may comply with these obligations contribute economically to such systems, in proportion to the quantities of product placed on the market and according to the effective costs of its management.
2. producers who opt for an individual system must submit a communication prior to the commencement of activities, indicating its operation and the measures that apply to the fulfilment of the obligations deriving from the enlarged responsibility. This communication will be presented to the competent body of the autonomous community where its headquarters is located and shall be entered in the register of production and management of waste. The content of the communication will be provided in annex IX.
3. producers who opt for a collective system for the fulfilment of the obligations deriving from the enlarged responsibility shall constitute an Association of those provided for in the organic law 1/2002, March 22, regulating the right of Association, or other entity with its own legal status non-profit. The admission of a new producer will be established according to objective criteria. The right to vote of each participant is determined by sections or intervals on the basis of the quantity of products that it puts in the market that puts all of the participants.
Collective schemes must apply for an authorization at the beginning of its activity. The minimum content of the application shall be that laid down in annex X and presented to the competent body of the autonomous community where the system intends to establish its headquarters.
Once checked the documentary record integrity, authorization will be forwarded to the Commission for coordination in the field of waste for its report prior to the resolution of the autonomous community. This autonomous community shall accredit, if necessary, in which the conditions of exercise should be fixed. The authorization shall be entered in the registry of production and management of waste. Conditions of exercise and the authorization must comply with the principles laid down in article 9 of the law 17/2009, of November 23, on free access to the services and your exercise activities. The deadline for the processing of authorisation shall be six months, extendable, in way motivated, for reasons arising from the complexity of the record; such an extension may be only once, for a limited time and before the original period has expired. Once the period has elapsed without having notified express resolution means rejected the application as filed.
To act in other autonomous communities, the collective system must request authorization to remaining autonomous bodies and provide documentation proving that you have authorization. If these organs are not pronounced in the opposite direction within a period of two months, means that the collective system complies with the conditions for the exercise of its activity in the autonomous community in question and you can start the activity; If they consider it necessary to establish a specific requirement shall be notified to the person concerned and will continue the processing of the application for the authorization. Any of these circumstances shall be entered in the register of production and management of waste.
The content and the validity of the authorization shall be that set the specific timing. When the term is not indicated, the authorization will have a duration of five years and will be renewed according to the provisions of this section. Authorization may not passed on to third parties.
During the duration of authorisations, the Commission for coordination in the field of waste may track compliance with authorizations and conditions of exercise.
4. the collective system of extended liability may comply with their obligations by itself or may constitute or hire an administering entity that must have its own legal personality different from the collective system and which will act under the direction of this.
In the fulfilment of the obligations arising from the expanded responsibility of the producer, collective and, in its case system, the administering institution shall comply with the principles of publicity, concurrence and equality in order to ensure free competition, as well as the principles of protection of human health, consumers, the environment and waste hierarchy.
5 individual and collective systems will be obliged a: to) comply with its specific rules, as well as the rest of the rules which are applicable generally.
(b) organize the collection in the whole State of all the waste generated by the products that have been put on the market. For this purpose they shall benefit from an entity or public company's collection and may enter into agreements with other systems of extended responsibility to coordinate the Organization's management.
(c) autonomous communities provide annually information established by regulations on managed waste, the relationship of the entities or companies, or if necessary by local entities, which carry out the management of waste, as well as a report of payments made to these entities or undertakings in relation to these activities.
(d) to sign bonds, insurance or financial guarantees, to be established in each case in the royal decrees governing the expanded responsibility of the producer in each waste stream.
(e) enter into agreements with Governments when they intervene in the organisation of the management of waste.
(f) concluding agreements or contracts with managers of waste, or in your case with other economic agents.
(g) in the event that will impact a number in the price of products intended to cover the extended producer responsibility obligations compliance, this amount may not exceed the cost of these obligations.
(h) the contributions of producers to the collective system, when they are established, must be covered in any case the extended producer responsibility obligations.
(i) the collective systems must be communicated in advance to all members of the system and the Commission of coordination in the field of waste the modification of the costs of waste management forecast.
(j) the collective systems must submit each year to the Commission for coordination in the field of waste their annual accounts audited externally and approved; therein are reflected contributions from the producers to the collective system and the justification of their destiny to the fulfilment of the obligations arising from the extended producer responsibility; they will also present its budget for the following year. The Commission may request additional information that it deems necessary.
(k) to safeguard the confidentiality of the information that the members of the system have contributed to the functioning of the collective system and which may be relevant for productive or commercial activity.
6 products distributors and other economic agents shall comply with the obligations that establishes the rules of each waste stream derived from their products.
Title V article 33 contaminated soils. Potentially polluting activities.
1. the Government shall adopt and publish a list of soil potentially polluting activities.
2. holders of these activities shall regularly send to the corresponding Autonomous Community reports containing information which could form the basis for the Declaration of polluted soils.
The owners of farms that is carried out some of the potentially polluting activities shall be required, on the occasion of its transmission, to declare it in writing. This fact will be marginal note in the registry of property.
Article 34. Declaration of contaminated soils.
1. the autonomous communities shall declare and demarcate the contaminated soils, due to the presence of dangerous components from of human activities, evaluating the risks to human health or the environment, in accordance with the criteria and standards, established according to the nature of the soils and their applications, is determine by the prior Government check to the autonomous communities.
2. the Declaration of contaminated soil shall include, at least, the information contained in paragraph 1 of annex XI.
3. the Declaration of how contaminated soil will force to carry out the necessary actions to proceed to its cleaning and recovery, in the form and time limits in which to determine the respective autonomous communities and will be subject to marginal note in the registry of property, on the initiative of the respective autonomous community in the terms according to the rules determined by the Government. This marginal note will be cancelled when the corresponding autonomous community declares that the soil is no longer have such consideration.
4. the Declaration of how contaminated soil can lead to the suspension of the enforceability of the rights of construction and other exploitations of the soil in the case of prove to be incompatible with the measures of cleaning and recovery of the land established, until they are carried out or declare the ground as not contaminated.
Article 35. Inventories of contaminated soils.
1. the autonomous communities shall draw up an inventory with declared as contaminated soils. These inventories shall contain, at least, the information contained in annex XI and they will be sent to the Ministry of the environment, and Rural and Marino in the period of one year from the date of entry into force of this law, will be annually updated information.
2. the Ministry of environment and Rural and Marine Affairs will prepare the State inventory of contaminated soils from the information sent by the autonomous communities.
3. the autonomous communities shall draw up a list of priority actions in the field of decontamination of soils based on the risk involving pollution to human health and the environment.
4. the autonomous communities shall declare that a soil is no longer be polluted after verification that have been in the proper decontamination and recovery of operations and will include this statement in the inventory.
Article 36. Individuals responsible for the decontamination and recovery of contaminated soils.
1. they will be forced to carry out decontamination and recovery operations regulated in the previous article, prior request of the autonomous communities, the cause of the contamination, which when they are several answer these obligations in a way solidarity and, secondarily, by this order, the owners of polluted soils and the holders thereof.
In the case of public property in concession, will respond indirectly in the absence of the cause or causes of pollution, in this order, the holder and the owner.
The obligations laid down in this paragraph are understood without prejudice to the provisions of articles 54 and 55.
2. the subsidiary responsible for may affect the cost of the proceedings that had taken place in the recovery of a declared contaminated soil, the cause or causes of pollution.
The recovery of the costs of decontamination must not be required above the levels of contamination associated with the use of the land at the time that the contamination occurred by the deceased.
3 will be responsible for solidary or subsidiary, of pecuniary obligations arising from this Act, the subjects listed in article 13 of law 26/2007, of October 24, environmental responsibility, in the terms referred to in that article.
4. If the operations of decontamination and recovery of contaminated soils were to be done with public financing, aid prior commitment that possible capital gains who acquire land revert in the subsidized amount in favour of the public administration which has financed subsidies cited only may receive.
Article 37. Repair in conventional way of contaminated soils.
Actions to proceed with cleaning and recovery of the declared as contaminated soils may carry out through agreements between the required to perform such operations and approved by the autonomous communities, through collaboration among those conventions and public administrations competent, or, where appropriate, the contracts provided for in law 30/2007 of 30 October , of public sector contracts. In any case, the costs of cleaning and recovery of contaminated soils shall be borne by the obligor in each case, to carry out such operations.
Cooperation agreements may specify financial incentives that can help to finance the costs of cleaning and recovery of contaminated soils.
The establishment of economic incentives to help finance the costs of cleaning and recovery must be in accordance with the provisions of point 4 of article 36. The collaboration agreements to celebrate with the Administration, especially when the Administration be steward of the soil contamination include clear criteria on these incentives.
Article 38. Voluntary recovery of soils.
The decontamination of the soil for any intended use of this may carry out, without the prior declaration of how contaminated soil, through a voluntary reclamation project approved by the competent body of the autonomous region. After the execution of the project will be credited that decontamination is carried out under the terms provided in the project. The competent administration shall keep an administrative record of the decontamination that occur through voluntary.
Title VI information on waste, article 39. Register production and waste management.
1. submissions and authorizations resulting from this law and its implementing rules shall be recorded by the autonomous communities in their respective records. This information will be incorporated to the record production and management of waste that will be shared and unique throughout the national territory. For the purposes of this Act the companies whose communication or authorization is recorded in the register shall be regarded as entities or companies registered.
The registration of production and waste management will develop regulations consultation to the autonomous communities and will be public in the terms established.
2. when possible information recorded by a competent body will be used by other public administration in its records in order to reduce administrative burdens.
Article 40. Chronological file.
The physical or legal persons registered will have a physical or electronic file where is collected in chronological order the quantity, nature, origin, destination and method of waste treatment; where appropriate shall be entered also, means of transport and the frequency of collection.
The information contained in the documentary accreditation of the operations of production and waste management will be incorporated in the chronological file.
Archived information will be saved for at least three years.
Article 41. Information obligations.
1. the physical or legal persons who have obtained an authorisation be sent annually to the autonomous communities and in the case of waste from municipal competition also to competent local authorities a memory summary of the information contained in the chronological file with the content that is contained in the annex XII. Those that have made a communication provided for in this law, will maintain the chronological file available to the competent authorities for the purpose of inspection and control.
Autonomous regions, with the cooperation of local authorities, will maintain up-to-date information on the management of waste in its area of competence. Such information should be available and infrastructures, in each one of them, quantification and characterization of incoming and outgoing waste, specific targets for recovery or the outgoing waste disposal.
2. the autonomous communities shall exchange between if and be sent to the Ministry of environment and Rural and Marine Affairs the information needed to comply with the obligations laid down in the national, community and international legislation. They also inform the management plans and waste prevention programmes referred to in articles 14 and 15 waste once adopted, as well as any substantial revision of the same. The Ministry of environment and Rural and Marine Affairs will inform the European Commission of the national prevention of waste and national once waste management plans adopted, and of any substantial plans review and programs.
3. in the field of contaminated soils, autonomous communities shall forward the data necessary to comply with the obligations of collected according to the rules determined by the Government. Also, they will inform the Ministry of environment and Rural and Marine Affairs, the data needed to comply with reporting obligations at national, community and international level in the field of soil contamination. Such information shall contain, as a minimum, data shown in annex XI, paragraph 2.
4. every three years the Ministry of environment and Rural and Marine Affairs will forward to the Commission information on the implementation of Directive 2008/98/EC, on November 19, 2008, in the form of a sectoral report in electronic version. This report shall also contain information on the disposal of waste oils and the progress made in the implementation of the waste prevention programmes, and, where appropriate, information on measures, as provided for in title IV on expanded responsibility of the producer of the product.
5. the Ministry of environment and Rural and Marine Affairs shall transmit to the Commission information that proceed in implementation of this law and the policy framework of waste.
Title VII liability, surveillance, inspection, control and regime chapter I liability punitive, monitoring, inspection and control article 42. Scope of responsibility in the field of waste.
Waste will always have a person responsible for compliance with the obligations deriving from their production and management, quality that corresponds to the producer or other initial holder or the waste management, under the terms laid down in this law and its implementing rules. These subjects may exercise repeat actions when the costs which it had incurred arise from legal or contractual breaches of other natural or legal persons.
Article 43. Skills and media monitoring, inspection and control.
1. the functions of monitoring, inspection and control of the correct observance of this law and its implementing rules shall be exercised by the administrative authorities in their corresponding area of competence in the field of waste and citizen security. The functions of inspection must be carried out by duly recognised inspection bodies according to the regulations applicable.
2. the competent authorities will provide the human resources and materials sufficient to comply with the obligations of monitoring, inspection and control that derive from the regime of authorizations, communications and inspections provided for in this regulation.
3. the monitoring, inspection and control functions may be carried out with the support of collaborating entities duly recognized according to the regulations applicable.
Article 44. Inspection.
1. the entities and companies that carry out operations of waste treatment, which collect or transport waste on a professional basis, agents and stockists and establishments and companies that produce waste, shall be subject to periodic inspections the competent authorities deem appropriate.
Likewise, systems of application of the extended responsibility of the producer of the product shall be subject to appropriate periodic inspections by the competent authorities in the territory that have developed their activity.
The competent authority may check at any time that the requirements for the maintenance of the authorizations granted and to continue the activity referred to in communications as provided in this law; in case wasn't so you can suspend the authorization or temporarily paralyze the activity provided for in the communication and measures will propose to adopt or, in your case, you can revoke the authorization or definitely paralyze activity.
The cost of inspections prior to the granting of authorisations may be charged to applicants of these pursuant to the corresponding rate.
2. holders of the entities and undertakings referred to in paragraph 1 shall be obliged to provide all the assistance to the competent authorities, including making available chronological archive to which refers article 40, duly updated, in order to enable them to take examinations, controls, taking of samples, collected information, check the documentation and any other operation for the fulfillment of its mission.
3. inspections of collection and transport operations shall cover the origin, nature, the quantity and the destination of the waste collected and transported.
4. the competent authorities may take account of registrations under the Community system of management and auditing (EMAS), or other equivalent, especially in what refers to the frequency and intensity of inspections.
Chapter II sanctioning regime article 45. Individuals responsible for violations.
1 they may be sanctioned by the constituent acts of administrative offences listed in this chapter the natural or legal persons who have committed them, in accordance with provisions in this law, and without prejudice, where appropriate, of the relevant civil, criminal and environmental responsibilities.
2. where compliance with the provisions of this law corresponds to several persons jointly, will respond of solidary form of pecuniary sanctions, in accordance with the provisions of article 130.3 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
3 the liability will be solidarity, in any case, in the following cases: to) when producer, the initial holder or Manager of waste deliver them physical or legal person other than those indicated in this law.
(b)) are several makers and it is not possible to determine the degree of involvement of each one in the completion of the offence.
4. when the damage to the environment caused by accumulation of activities due to different people, the competent administration may individually attributed this responsibility and their economic effects.
Article 46. Infractions.
1. the acts or omissions that contravene this law will have the character of administrative offences, without prejudice to that to establish the autonomous communities as development. These offences are classified as very serious, major and minor.
2 in any case, for the purposes of this Act, shall be considered as very serious infringements: to) the exercise of an activity described in this law without the mandatory communication or authorization, or with expired or suspended, as well as non-compliance with the obligations imposed in the authorizations or information incorporated in communication, provided that has meant serious danger or damage to the health of the people It has produced a damage or serious impairment to the environment or when the activity takes place in protected areas.
(b) acting in contrary to provisions of this law and its implementing rules, provided that has meant serious danger or damage to the health of the people, occurred a damage or serious impairment to the environment or when the activity takes place in protected areas.
(c) neglect, uncontrolled hazardous waste dumping or disposal.
(d) abandonment, dumping or disposal uncontrolled of any other type of waste, has been put at serious risk the health of the people or a harm or impairment severe environment.
(e) failure to comply with the obligations arising from the provisional measures provided for in article 53.
(f) the concealment or alteration intentional data provided to administrative records to obtain authorizations, permits, or licenses, or data contained in communications related to the exercise of the activities regulated by this law.
(g) the production, importation or intra-Community acquisition of products with substances or preparations prohibited by the dangerousness of waste generated.
(h) the non-realization of the cleaning and recovery operations when a soil has been declared as contaminated, after the corresponding requirement of the autonomous or non-compliance, where applicable, of the obligations of voluntary agreements or cooperation agreements for repair in conventional way of contaminated soils.
(i) the mixture of the different categories of hazardous waste or of these that do not have such consideration, whenever as a result is put in danger the health of persons or damage has occurred or impairment severe environment.
(j) the entry into the national territory of dangerous waste from another Member State of the European Union or a third country, as well as the departure of hazardous waste to the aforementioned places, without obtaining permits and authorizations required by Community legislation or treaties or international conventions to which Spain is a party, or without fulfilling the obligation established in article 26.5 from this law.
(k) the delivery, sale or transfer of hazardous wastes to natural or legal persons other than those set forth in this law, as well as the acceptance of them under conditions other than those that appear in the corresponding authorizations and communications, or the rules laid down in this law.
(l) the production, placing on the market or use of products or containers within the scope of the expanded responsibility of the producer of the product, in breach of the obligations arising from this Act and its regulations development and the conditions imposed in the authorization, when as a result seriously disturb public health and hygiene the protection of the environment and the safety of consumers.
3. for the purposes of this law shall be considered serious offences:
(a) the exercise of an activity described in this law without the mandatory communication or authorization, or with it expired or suspended, as well as breach of the obligations imposed in the authorization or information incorporated in communication, has meant a serious danger or harm to people's health or damage has occurred or serious deterioration for the environment.
(b) acting in contrary to provisions of this law and its implementing rules, has meant a serious danger or harm to people's health or damage has occurred or serious deterioration for the environment.
(c) the abandonment, dumping or disposal uncontrolled any type of non-hazardous waste has been put at serious risk the health of the people or a harm or serious deterioration for the environment.
(d) the breach of the obligation to provide documentation, the concealment or distortion of data required by the applicable legislation or by the provisions contained in the authorization, as well as breach of the obligation of custody and maintenance of the documentation.
(e) the lack of Constitution of sureties or guarantees, or of its renewal, when they are mandatory.
(f) failure to comply with the obligations arising from the conventions and agreements that settle down in terms of extended producer responsibility in the product, on the production and management of waste and in the field of contaminated soils.
(g) the entry into the national territory of waste originating from another Member State of the European Union or a third country, as well as the output of waste towards the aforementioned places, without obtaining permits and authorizations required by Community legislation or treaties or international conventions to which Spain is a party, or without fulfilling the obligation established in article 26.5 from this law.
(h) in the case of intra-Community transfer and import of waste from third countries, breach of the obligation's issuance of the certificate of recovery or intermediate or final disposal of waste, within the period and under the terms laid down in articles 15 and 16 of Regulation 1013 / 2006 of the European Parliament and of the Council of 14 June 2006.
(i) the obstruction to the activity of monitoring, inspection and control of the public administrations, as well as non-compliance with the obligations of cooperation provided for in article 44.2.
(j) the lack of labeling, partial or incorrect labelling of containers containing hazardous waste.
(k) the mixture of the different categories of each other hazardous waste or these which do not have such consideration, whenever as a result is not put in danger the health of persons or damage has occurred or impairment severe environment.
(l) the delivery, sale or transfer of non-hazardous waste to natural or legal persons other than those set forth in this law, as well as the acceptance of them under conditions other than those that appear in the corresponding authorizations or the rules laid down in this law.
(m) the elaboration, the placing on the market or use of products or containers within the scope of the expanded responsibility of the producer of the product in breach of the obligations arising from this law and its regulations of development and the conditions imposed in the authorization, provided that do not disturb seriously the health and hygiene public, the protection of the environment or the safety of consumers.
(n) not developing studies of minimization of waste or the business prevention plans in waste standards, as well as does not meet the requirements made by the autonomous communities are modified or completed prior to approval.
(o) the Commission of any of the violations indicated in paragraph 2 of very serious offences when, by their small claims or entity, does not deserve this qualification.
4 a the effects of this law shall be considered minor offences: a) the delay in the provision of documentation that has to provide to the Administration in accordance with the applicable regulation, the provisions contained in the authorizations or which must, where appropriate, accompany the communication.
(b) the Commission of any of the offences set forth in the preceding paragraphs when, by their small claims or entity, does not deserve the qualification of serious or very serious.
(c) any breach of the provisions in this law and its implementing rules, in the provisions contained in the authorizations or in the content of the communication, if it is not typified as very serious or serious.
Article 47. Sanctions.
1 violations typified in article 46 will result in the imposition of some or all of the following sanctions: a) in the case of very serious offences: 1 fine from 45.001 euros up to 1,750,000 euros, except if it is hazardous waste, in which case the fine may be up to 1,750,000 euros from 300.001 euros.
2. disqualification for the exercise of any of the activities provided for in this Act for a period of not less than one nor more than ten year.
((((((3rd in the event of violations typified in the lyrics to), b), e), f), i) and k) of the article 46.2, temporary or permanent, total or partial closure of facilities or equipment, for a maximum period of 5 years, safeguarding in these cases the rights of workers as laid down in the labour legislation.
(((((((4th in the event of violations typified in the lyrics to), b), e), f), g), i) and k) of the article 46.2, revocation of the authorization or suspension of it for not less than one year nor more than ten.
(b) in the case of serious offences: 1 fine from 901 euros up to 45,000 euros except if it's hazardous waste, in which case the fine will be from 9001 euros up to 300,000 euros.
2. disqualification for the exercise of any of the activities provided for in this Act for a period of less than a year.
((((((((3rd in the event of violations typified in the lyrics to), b), e), g), i), j), k) and l) of article 46.3, revocation of the authorization or suspension of it for a time of up to one year.
(c) the minor infractions will be sanctioned with a fine of up to 900 euros. If hazardous waste is this it will be up to 9,000 euros.
2 in the event of breaches regulated in paragraphs 46.2. l) and 46.3. m), the body which exercises the powers to impose penalties may agree also, as accessory penalties, confiscation of goods, in which case will determine their final destination.
Article 48. Graduation of sanctions.
Public administrations must keep the proper adequacy between the penalty and the fact establishing the infringement, especially considering its impact, its importance with regard to the health and safety of persons and the environment or property protected by this law, the circumstances of the responsible, their degree of intentionality, participation and benefit from, the recidivism, by Commission at the end of a year of more than one offence of the same nature when so been declared by resolution firm, as well as the irreversibility of damages or damages produced.
Article 49. Sanctioning.
1. public authorities shall exercise powers to impose penalties on waste according to the distribution of competence referred to in article 12.
2 in the cases in which the sanctioning corresponds to the General Administration of the State, shall be exercised by: a) Director-General quality and environmental evaluation of the Ministerio de Medio Ambiente, and Rural and Marine Affairs in cases of minor offences.
(b)) the Minister of the environment and Rural and marine environment in the event of serious infringements.
(c) the Council of Ministers, in cases of very serious offences.
In these cases, the initiation of the relevant disciplinary procedures will be competence of the Director General for quality and environmental assessment.
3. in the event of abandonment, dumping or disposal uncontrolled waste, as well as their delivery without complying with the conditions laid down in the Ordinances, the sanctioning will correspond to the owners of the local authorities.
Article 50. Procedure.
Appropriate sanctions will be imposed by motivated decision of the competent authority, prior instruction of the corresponding record and in accordance with the provisions of title IX of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure and its implementing rules.
Article 51. Prescription of infringements and sanctions.
1. the minor offences will prescribe a year, the bass at the age of three, and the very serious at age five.
2. the period of limitation for offences will start counting from the day on which the infringement has been committed.
3. in the event of continued violations, the limitation period will begin from the time of the completion of the activity or the last act with which the infringement is consummated. In the event of constituting infringement acts or activities were unknown for lack of external signs, this period will be calculated since these appear.
4 interrupt prescription initiation, with knowledge of the data subject, the sanctioning procedure, resuming the limitation period if the disciplinary record was paralyzed for more than one month for reasons not imputable to the suspect.
5. the penalties imposed by the Commission for minor offences will prescribe a year, those imposed for serious misconduct at age three, and those imposed for very serious misconduct at age five.
6. the period of limitation of the sanctions will start counting from the day following that which you purchase firmness the resolution by which the sanction is imposed.
7 interrupt prescription initiation, with knowledge of the person concerned, of the procedure of execution, returning to spend the time if one is stalled for more than one month for reasons not imputable to the offender.
Article 52. Concurrence of sanctions.
1 acts that have been punished administratively, or criminal in cases where identity of subject, fact and basis to appreciate may not punish.
2. when the offender made so-called could be crime or failure, it will be transfer of blame both the public prosecutor's Office, suspending the sanctions procedure while the judicial authority had not issued firm resolution which put an end to the procedure or takes place the dismissal or the file of the proceedings, or there is the return of the file by the public prosecutor. You have not appreciated the existence of crime or failure, the competent administrative body will continue the disciplinary record. The facts stated tested in the judicial resolution firm linked to the administrative organ.
3. when a single fact incorporate two or more offences in accordance with this law, and other laws that were applied, it will impose on the offender subject more serious sanction.
Article 53. Provisional measures.
1 started the disciplinary procedure, the holder of the competent body to resolve it, on its own initiative or on a proposal from the instructor, may adopt provisional measures which it considers necessary to ensure the effectiveness of the resolution that could fall and avoid the maintenance of risk or harm to human health and the environment at any time, by agreement motivated. Such measures shall be proportionate to the nature and seriousness of the alleged infringements, and may consist in: a) measures of correction, security, or control that prevent the continuity in terms of damage.
(b) sealing of devices, equipment or vehicles.
(c) temporary, total or partial closure of the establishment.
(d) temporary suspension of authorization for the exercise of the activity by the company.
2. for the same purpose, the competent authority, in cases of emergency and for the provisional protection of the interests involved, you can adopt the necessary provisional measures prior to the initiation of the procedure, with the limits and conditions laid down in article 72.2 of the law 30/1992, of 26 November, and other applicable legislation, unless they can in no case exceed the period of fifteen days. These measures may include suspension of the authorization and the prohibition of the exercise of the activities reported where the competent authority finds that a company does not comply with the requirements laid down in the authorisation granted or communication submitted.
3. do not may adopt any interim measure without the formality of prior to the interested audience, unless reasons of urgency that warrant its immediate adoption, based on the production of serious harm to human health or the environment, or that it is about the exercise of an activity regulated by this law without the required authorization or her expired or suspended in which case the imposed provisional measure must be revised or ratified after the hearing to interested parties.
In the hearing process provided for in this section will be interested a maximum period of fifteen days so that they can make many claims, documents or information they deem appropriate.
4. interim measures described in this article shall be independent of the resolutions to on the application for interim measures be adopted due to the exercise of responsibility actions by entitled persons and the judges.
Article 54. Repair of damage and compensation.
1. without prejudice to the sanctions that could be imposed, the offender will be required the replacement of the situation altered by it to its original state, as well as compensation for damages and damages, which can be determined by the responsible, must, in this case, contact the offender to your satisfaction in the term that the effect is determined.
2. in cases of environmental damage, the offender is obliged to repair in the terms of law 26/2007, of October 23, environmental liability. Methodology of service provided for in this Law 26/2007, of October 23, may also be applied in other cases for damages in the terms laid down in its ninth additional provision.
Article 55. Coercive fines and subsidiary execution.
1 if offenders not proceeded to the restoration or compensation in accordance with the provisions of article 54, and once after the time specified in the corresponding request, Administration instructor may agree to the imposition of periodic penalty payments or subsidiary performance. The amount of the periodic penalty payments shall not exceed, in your case, one-third of the fine fixed by infringement.
Likewise, in these cases, and in the event that the operations of cleaning and recovery of contaminated soils are not carried out, it may be subsidiary on behalf of the offender running and its coast.
2. the imposition of periodic penalty payments will require that the time available for the fulfilment of the obligation and the amount of the fine that can be imposed is indicated in the requirement. In any case, the term shall be sufficient to discharge the obligation. In the event that, once imposed the periodic penalty payment, is keep the breach that has motivated it, will reiterate for time periods that are sufficient to meet as ordered. Coercive fines are independent and compatible with which may be imposed by way of sanction.
3. the execution forced resolutions that force to carry out the measures of prevention, avoidance and remedying of environmental damage, will be those established by article 47 of law 26/2007, of October 23.
Article 56. Advertising.
Bodies exercising powers to impose penalties may agree, where they consider that there are reasons of public interest and through the procedure governing regulations, the publication, in the relevant official journal and the means of social communication which deems appropriate, of the penalties imposed for the Commission of serious and very serious offences, as well as names and surname or business name of the natural or legal persons responsible for , once those sanctions had acquired the character of a firm.
First additional provision. Declaration of public utility and social interest.
It is declared of public utility and social interest, for the purposes of the legislation of compulsory purchase, the establishment or expansion of facilities for storage, recovery and disposal of waste.
Second additional provision. Replacement of single-use bags.
1. the public administrations shall take appropriate measures to promote the more sustainable systems of prevention, reduction and management of waste of shopping bags of single-use of non-biodegradable plastic and its alternatives, including the shares corresponding to the condition of the Administration as a consumer, through public procurement.
2. biodegradation shall be in accordance with the European standard EN 13432:2000 «containers and packaging. Requirements of the packaging recoverable through composting and biodegradation. Program of testing and evaluation criteria for the final acceptance of the container or package", or other equivalent.
3 is set the following schedule of replacement of shopping bags for single use of non biodegradable plastic, taking as a reference the estimate of implementations in the market in 2007: to) before 2013 replacement of 60% of bags;
(b) by 2015 replacement of 70% of the bags;
(c) by 2016 replacement of 80% of the bags;
(d) in 2018 replacement of all these exchanges, with the exception of that used to contain fish, meats or other perishable foods, for which sets a moratorium which will be reviewed in the light of available alternatives. The placing on the market of these bags after the mentioned date will be sanctioned under the terms provided for in article 47.1. b).
From 1 January 2015 bags that are distributed include a message alluding to the effects resulting in the environment. The content and format of these messages shall be determined by order of the Minister of environment and Rural and marine affairs. En_caso_de failure to comply with this provision shall apply the sanctions provided for in article 47.1. c).
4 will create a working group within the Commission of coordination in the field of waste specialist for the study of the proposals on the prevention and management of waste from single use of non-biodegradable plastic shopping bags.
5. when the containers referred to in this provision will become packaging waste their owners must deliver them according to the systems established in each case.
6. by 30 June 2016 the Government shall prepare a report that will assess the level of achievement of the objectives of the replacement schedule and the desirability of implementing fiscal measures on the consumption of single-use of non-biodegradable plastic shopping bags.
Third additional provision. Residues of the Illes Balears, Canary Islands, Ceuta and Melilla.
1. the General Administration of the State shall establish measures to finance the additional cost involved in the valorisation of waste generated in the Illes Balears, Canary Islands, Ceuta and Melilla which not have been recovered on-site and transported by sea to the Peninsula or to another island. These financial measures must be accompanied by programs or specific measures of prevention and management of waste that contribute to minimize the quantities shipped in order.
2. the above measures will not achieve to the transfer to the peninsula of those waste streams to which the obligations arising from the extended producer responsibility may apply them.
Fourth additional provision. Application of the regulatory laws of national defense.
The provisions of this law is understood without prejudice to the provisions contained in the rules of the national defense.
Fifth additional provision. Rules on protection of the health and prevention of occupational risks.
The implementation of this law will be made without prejudice to the provisions relating to the protection of health and to the prevention of occupational risks.
Sixth additional provision. Control of management activities of relevant residues for citizen security.
1. the Ministry of the Interior and the Ministry of environment and Rural and Marine Affairs shall be determined jointly by the ministerial order, the activities of waste management that are relevant for public safety, for the purposes specified in article 12 of the organic law 1/1992 of 21 February, protection of public safety.
2. regulations will determine the supplementary information on these activities, where appropriate, shall include in the record of production and management of waste and in the chronological file, set out in articles 39 and 40.
The information contained in the registration of production and management, and in the chronological archives will remain available to the competent authorities for the purpose of inspection and control.
Seventh additional provision. Coordination of financial guarantees.
Subjects bound to sign financial guarantees pursuant to this Act which were also obliged to sign guarantees in accordance with other standards with a total or partially matching coverage can sign these into a single instrument provided to ensure coverage of all aspects that have to be included in the same.
The financial guarantees provided for in this law covering the environmental restoration, in what refers to this aspect shall be calculated pursuant to the provisions of law 26/2007, of October 23, environmental responsibility, and the Royal Decree 2090 / 2008 of 22 December, which approves the regulation of partial development of law 26/2007 , 23 October.
The eighth additional provision. Adaptation of the regulations to this law.
Within the period of three years from the entry into force of this law will adapt to the forecasts contained in the same development on waste provisions.
Ninth additional provision. Electronic processing.
1. the processing of administrative procedures and reporting obligations provided for in this law should carry out electronically when you have enabled to do so by public administrations.
2. the public administrations shall take the necessary measures and incorporated in their respective fields, technologies specific to ensure the interoperability of the different systems, according to the first law 17/2009, of 23 November additional provision, on free access to service activities and the exercise.
Tenth additional provision. On compensation of gas emission of greenhouse in the waste sector.
Within a maximum period of one year from the entry into force of this law, the Government, after consultation with the autonomous communities and local entities, shall refer to the Cortes Generales a Bill which established systems of compensation and exchange of quotas of greenhouse gas emissions associated with the sector of waste between administrations. The overall ceiling of emissions associated with these quotas shall be consistent with the emission reduction commitments made by Spain.
Eleventh additional provision. Group work on the Committee of coordination in the field of waste.
A group of specialized work, in the Coordination Committee on waste, will be created to analyze the introduction gradual and generalized, in the chain of commercial distribution, packaging made from sustainable raw materials, renewable and biodegradable, whereas the different environmental and economic impacts.
Twelfth additional provision. Technical cooperation and collaboration between the Administration and the private sector.
The Government will promote in the framework of the Commission for coordination in the field of waste, respecting the powers of the autonomous communities, technical and cooperation of necessary collaboration between the Administration and the private sector, including non-profit organizations, in the field of prevention and management of waste, and boost according to other authorities, appropriate measures to extend the system of forest certification.
Thirteenth additional provision. Centre for research on the prevention and management of waste.
The Government will promote the creation of a Centre for research on the prevention and management of waste involving public administrations, companies and the scientific world, recognizing the strategic role of the waste sector and in order to facilitate the development of solutions with greater value for society at every moment.
Fourteenth additional provision.
In the establishment of the economic, financial and fiscal measures that the competent authorities establish to promote the prevention of waste generation, improving their management, strengthen the recycling markets and increase the contribution of the sector of the waste to the fight against climate change, the peculiarities of small and medium-sized enterprises shall be taken into account.
Fifteenth additional provision. Recognition of actions carried out under the protection of the Royal Decree 1419 / 2005, of 25 November.
1. should validate all the works and actions related to the management of water resources in watersheds of the Guadiana, Guadalquivir and Ebro, arising from the implementation of the Royal Decree 1419 / 2005, of 25 November, declared null by a ruling of the Supreme Court of 24 November 2009.
Such action shall be regarded as emergency for the purposes prevented in article 97 of the law 30/2007, of October 30, of Public Sector contracts.
2. in accordance with the provisions of article 58 of the revised text of the Water Act, approved by Royal Legislative Decree 1/2001, of 20 July, the actions adopted under the protection of the Royal Decree 1419 / 2005, of 25th November, whose legal status is validated by this provision, often implied the Declaration of public utility, the effects of the temporary occupation and forced expropriation of property and rights as well as the urgent need of occupation.
First transitional provision. By-products.
Insofar as not have implemented the mechanisms provided for in article 4(2) of this Act with regard to by-products, will continue to be applied administrative procedures that had been so far in force on the subject.
Second transitional provision. Ordinances of local entities.
Local authorities will approve the regulations provided for in article 12.5. of this law in the period of 2 years from the entry into force of this law. In the absence of the same standards that the autonomous communities approve shall apply.
Third transitional provision. Contracts from local authorities for the management of commercial waste.
Contracts from local authorities for the management of commercial waste will continue deploying its effects in the long-term planning. At the time of its renewal shall apply the legal regime resulting from this law.
Fourth transitional provision. Adaptation to the new regime of extended producer responsibility.
1 integrated systems of waste management existing at the entry into force of this law shall be governed by provisions of law 10/1998, of April 21, the regulatory standards of each waste stream and waste. However, these systems will adapt to provisions of this law in the period of one year from the standards that suit those regulatory provisions go into effect.
2. those systems of extended responsibility whose application for authorisation has been submitted before the entry into force of this law shall be subject to the legal regime laid down in the preceding paragraph.
Fifth transitional provision. Financial guarantees.
Meanwhile as soon as the legal regime of the financial guarantees provided for in this law is established they shall apply the provisions in force in the matter.
Sixth transitional provision. Committee on coordination in the field of waste.
The Commission for coordination in the field of waste will be in within six months from the entry into force of this law. In both insofar as this Commission does not come into operation skills that he credited with this law shall be exercised by organs which so far had been attributed to them.
Seventh transitional provision. Register production and waste management.
The operation of the registry of production and waste management will be based on a cooperation agreement between the competent administrations as when not rendered the regulation of development of such registration.
Eighth transitory provision. Transitional regime of authorizations and communications.
The autonomous communities adapt to the provisions of this law authorizations and communications facilities and existing activities, or requests and communications that were submitted before the date of entry into force of the law, in the period of one year from that date.
Sole repeal provision. Repeal legislation.
Shall be repealed all those provisions that are opposed, contradict or are incompatible with the provisions of this law, and in particular: 1. law 10/1998, of April 21, waste.
2. Chapter VII on penalties and the additional provision of law 11/1997 of 24 April, fifth of packaging and packaging waste. The remaining precepts, in what is not contrary to this law remain current with regulatory range.
The functions performed by the Joint Committee provided for in the aforementioned fifth additional provision will be assumed by the Commission for coordination in the field of waste.
3. the order MAM/2192/2005, of 27 June, by which regulate bases for the granting of subsidies to finance the transportation to the peninsula, or between islands, the waste generated in the Illes Balears, Canary Islands, Ceuta and Melilla.
First final provision. Competence titles.
1 this law has the character of basic legislation for the protection of the environment, without prejudice to the powers of the autonomous communities to establish additional standards of protection, in accordance with the provisions of article 149.1.23. ª of the Constitution, with the exception of the following items: to) articles 12.5, 14.3, the second transitional provision and the third transitional provision , they have the character of law on bases of the legal regime of public administrations, in accordance with article 149.1. 18, of the Constitution.
(((((b) the articles 12.3. b), 26 and 46 sections 2.j), 3.g) and 3.h), as regards the shipment of waste from or to third countries not members of the European Union, they have the character of law on foreign trade, exclusive jurisdiction of the State, in accordance with article 149.1.10. ª of the Constitution.
(c) the articles 17.7, 20.4. ((b) and (c)), 23.2, 32.5. d), are issued on the basis of article 149.1.11. ª of the Constitution, which attributes to the State competition to dictate the bases of management of insurance.
d) the articles 33.2, final subparagraph and 34.3 in what refers to the registration of marginal notes in the land registry, are they issued on the basis of article 149.1. 8th that he attributes to the State the exclusive competence in management of public records.
2. do not have basic character articles 35.2 and 49.2, that shall apply to the General Administration of the State.
Second final provision. Incorporation of European Union law.
This law it incorporates into Spanish law Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008, on waste and why repealing certain directives.
Third final provision. Enabling the regulatory development.
1 empowers the national Government to issue, in the scope of their powers, the regulatory provisions necessary for the development and implementation of this law and, in particular, to: to) develop the Coordination Commission regulations on waste provided for in article 13 and the registration of production and waste management refers to which article 39.
(b) develop regulations the financial guarantees provided for in this law.
(c) establish standards for the different types of waste, in which special provisions relating to their production and management shall be fixed.
(d) update the amount of the fines set out in article 47.
2. the updating and amendment of the annexes of this Act, be held by order of the Minister of the environment and Rural and marine affairs.
Fourth final provision. Entry into force.
This law shall enter into force the day following its publication in the "Official Gazette".
Therefore, command to all Spaniards, private individuals and authorities, which have and will keep this law.
Madrid, July 28, 2011.
JUAN CARLOS R.
The President of the Government, JOSÉ LUIS RODRIGUEZ ZAPATERO annex I disposal operations D 1 deposit on the ground or inside (e.g., landfill, etc.).
D 2 between land treatment (e.g. biodegradation of liquid waste or sludge in the ground, etc.).
D 3 deep injection (e.g. injection of pumpable waste into wells, salt mines or fault geological natural, etc.).
D 4 surface reservoir (for example, landfill of waste liquids or sludges into pits, ponds or lagoons, etc.).
D 5 deposit controlled in places specially designed (for example, putting in sealed cells separated, coated and insulated between themselves and the environment).
D 6 discharge into the aquatic environment, except in the sea.
D 7 spill in the sea, including the inclusion on the seafloor.
D 8 biological treatment not specified in other sections of this annex resulting in compounds or mixtures which are removed by means of any of the operations numbered D 1 to D 12.
D 9 physico-chemical treatment not specified in another section of this annex and which could result in compounds or mixtures that are removed by using one of the procedures numbered D 1 to D 12 (e.g. evaporation, drying, calcination, etc.).
D 10 incineration on land.
D 11 incineration at mar.* D 12 permanent storage (e.g., placement of containers in a mine, etc.).
D 13 combination or mixture prior to any of the operations numbered D 1 to D 12.* * D 14 repackaging prior to any of the operations numbered D 1 to D 13.
D 15 storage pending any of the operations numbered D 1 to D 14 (excluding temporary storage, pending collection, on the place where the waste). * * this operation is prohibited by the regulations of the EU and international conventions.
* If there is no other appropriate D code, can be included here the initial operations prior to disposal, including prior transformation, such as, among others, sorting, crushing, compacting, the pelletizing, drying, fragmentation, conditioning, or separation, prior to any of the operations numbered D 1 to D 12.
Temporary storage means initial storage provided for in article 3. section n.
Annex II transactions of valorization R 1 use as fuel or otherwise produce energia.* R 2 recovery or regeneration of solvents.
R 3 recycling / reclamation of organic substances which are not used as solvents (including composting and other biological transformation processes). * R 4 recycling / reclamation of metals and metal compounds.
R 5 recycling / reclamation of other materials inorganicas.* * R 6 regeneration of acids or bases.
R 7 recovery of components used for pollution reduction.
R 8 recovery of components from catalysts.
R 9 regeneration or other new use of oils.
R 10 treatment of soils that produce a benefit to agriculture or ecological improvement of them.
R 11 use of wastes obtained from any of the operations numbered R 1 to R 10.
R 12 exchange of wastes for submission to any of the operations numbered R 1 to R 11. They are here including operations prior to recovery including pretreatment, operations such as dismantling, sorting, crushing, compaction, the pelletizing, drying, fragmentation, conditioning, repackaging, separation, combination or mixing, prior to any of the operations numbered R 1 to R 11.
R 13 storage of wastes pending any of the operations numbered R 1 to R 12 (excluding temporary storage, pending collection, on the place where the waste). * * includes incineration facilities intended for the treatment of domestic waste only where their energy efficiency is equal to or greater a: - 0.60 for installations in operation and authorized under applicable before Community law of January 1, 2009;
-0.65 for installations authorized after December 31, 2008.
By applying the following formula: energy efficiency = [Ep –(Ef + Ei)] / [0.97 × (Ew + Ef)] where: Ep is the annual energy produced as heat or electricity, which is calculated by multiplying the energy in the form of electricity by 2.6 and heat produced for commercial use by 1.1 (GJ/year).
EF is the annual contribution of energy to the system from fuels contributing to the production of steam (GJ/year).
EW is the annual energy contained in the treated waste calculated using the net calorific value of the waste (GJ/year).
EI is the annual energy imported excluding Ew and Ef (GJ/year).
0.97 is a factor that represents the energy losses on the ashes of Fund and radiation.
This formula will be applied in accordance with the reference document on the best available techniques for waste incineration.
* This includes gasification and pyrolysis using components such as chemical elements.
This includes cleaning the floor having as a result the valorization of the soil and recycling of inorganic construction materials.
Temporary storage means initial storage provided for in article 3, paragraph n).
Annex III properties of wastes which render them hazardous H 1 "Explosive": applies to substances and preparations which may explode under the effect of flame or which are more sensitive to shocks or friction than dinitrobenzene the.
H 2 "oxidizer": applies to substances and preparations which present highly exothermic reaction in contact with other substances, particularly flammable substances.
H 3-A 'highly flammable' applies to: - substances and preparations liquids that have a flash point below 21 ° C (including extremely flammable liquids).
-Substances and preparations which may become hot and finally catch fire in contact with air at ambient temperature without energy input.
-Substances and solid preparations which may readily catch fire after brief contact with a source of ignition and which continue to burn or consumed after removal of the ignition source.
-Substances and gaseous preparations which are flammable in air at normal pressure.
-Substances and preparations which, in contact with water or damp air, emit flammable gases in dangerous quantities.
H 3-B "Flammable": applies to liquid substances and the preparations which have a flash point higher or equal to 21 ° C and less than or equal to 55 ° C.
H 4 "irritant": applies to substances and non-corrosive preparations which can cause an inflammatory reaction by immediate, prolonged or repeated contact with the skin or mucous membranes.
H 5 "harmful": applies to substances and preparations which may involve risks of gravity limited health by inhalation, ingestion or dermal penetration.
H 6 «toxic»: applies to the substances and preparations (including very toxic preparations and substances) which are inhaled or ingested or if they penetrate the skin may involve serious, acute or chronic risks and even death.
H 7 "carcinogenic": applies to substances and preparations which, by inhalation, ingestion, or penetrate the skin, may induce cancer or increase its incidence.
H 8 "corrosive": applies to substances and preparations which may destroy living tissues in contact with them.
H 9 "infectious": applies to substances and preparations containing viable micro-organisms or their toxins which are known or there are reasonable grounds to believe that they cause disease in man or other living organisms.
H 10 "toxic for reproduction": applies to substances and preparations which, by inhalation, ingestion, or penetrate the skin, may induce non-hereditary congenital malformations or increase their incidence.
H 11 "mutagenic": Applies to substances and preparations which, by inhalation, ingestion, or penetrate the skin, may induce heritable genetic defects or increase their incidence.
H 12 waste that emit toxic or very toxic gases in contact with air, water or with an acid.
H 13 * 'Sensitising': applies to substances and preparations which, by inhaled or if they penetrate the skin, may cause a reaction of hypersensitisation, in such a way that a further to the substance exposure give rise to characteristic adverse effects.
H 14 "Ecotoxic": applies to waste which presents or may present immediate or delayed risks for one or more compartments of the environment.
H 15 waste susceptible, after their elimination, give rise to another substance by any medium, e.g. a leachate which possesses any of the characteristics listed.
* To the extent that test methods are available.
Notes: 1. characteristics of danger 'toxic' (and 'very toxic'), 'harmful', 'corrosive', 'irritant', «carcinogen», 'toxic to reproduction', 'mutagenic' and 'ecotoxic' are assigned according to the criteria in annex VI to Directive 67/548/EEC of the Council of 27 June 1967 on the approximation of the provisions of laws, regulations and administrative in respect of classification , packaging and labelling of dangerous substances (1) valid until December 1, 2010, and in accordance with Regulation (EC) No. 1272 / 2008 of 16 December 2008 on classification, labelling and packaging of substances and mixtures, whereby amending and repealing directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No. 1907 / 2006 whose entry into force is set in articles 61 and 62.
2. when appropriate, apply the limit values set out in annexes II and III to Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 on the approximation of the laws, regulations and administrative provisions of the States members relating to the classification, packaging and labelling of dangerous preparations (2) valid until 1 December 2015 and in accordance with Regulation (EC) No. 1272 / 2008 , December 16, 2008, whose entry into force is set out in articles 61 and 62.
Test methods: the methods to be used are described in annex V of Directive 67/548/EEC abolished by Directive 2006/121/EC of the European Parliament and of the Council of 18 December 2006, amending Directive 67/548/EEC of the Council, concerning the approximation of the provisions of laws, regulations and administrative in respect of classification , packaging and labelling of dangerous substances, to adapt it to Regulation (EC) No. 1907 / 2006 concerning the registration, evaluation, authorisation and restriction of chemicals (REACH) and substances, and by establishing the European Chemicals Agency with effect from June 1, 2008 and incorporated in Regulation (EC) No. 440/2008 of the Commission , May 30, 2008, which lays down methods of test in accordance with Regulation (EC) No. 1907 / 2006 of the European Parliament and of the Council concerning the registration, evaluation, authorization and restriction of substances and chemicals (REACH) and in other relevant notes of the CEN.
(1) OJ 196 of 16.8.1967, p.1.
(2) DO L200 of 30.7.1999, p.1.
Annex IV examples of waste prevention measures referred to in article 15 measures that can affect the conditions part of the generation of waste 1. The application of planning measures, or other economic instruments that promote an efficient use of resources.
2. the promotion of research and development to get cleaner and with less waste, products and technologies as well as the dissemination and use of the results of these research and development work.
3. the development of effective and meaningful indicators of the environmental pressures related to the generation of waste with a view to contribute to the prevention of the generation of waste at all levels, from comparisons of products at Community level up to the interventions by national measures or local authorities.
Measures that can affect the phase of design, production and distribution 4. The promotion of eco-design (the systematic integration of environmental aspects into the design of the product in order to improve the environmental performance of the product throughout its life cycle, and in particular its duration) and forest certification.
5. the provision of information on waste prevention techniques with a view to facilitating the implementation of best available techniques by industry.
6. the Organization of the training of the competent authorities in regards to the inclusion of requirements for waste prevention in the authorizations issued by virtue of this law and of the law 16/2002, of July 1.
7. the inclusion of measures to prevent waste production at installations which does not apply the law 16/2002 of 1 July. Where appropriate, these measures could include waste prevention plans or assessments.
8 carrying out campaigns of awareness-raising or providing economic support, support for taking decisions or other types of support to companies. These measures are more likely to be especially effective when they are designed and adapted to small and medium-sized enterprises, and apply through established business networks.
9. the use of voluntary agreements, consumer/producers or sectoral negotiations in order that the corresponding commercial or industrial sectors set their own plans or objectives of waste prevention, or panels that correct products or packaging that generate waste.
10. the promotion of creditable environmental management systems, including EMAS and ISO 14001 standards.
Measures that can affect the phase of consumption and use 11. Measures aimed at the replacement of single-use products when there are alternative reusable products.
12 awareness and information campaigns aimed at the public in general or to a particular group of consumers.
13. the promotion of eco-labels and creditable forest certification schemes.
14. agreements with industry, such as the use of study groups on products such as the constituted within the framework of the integrated policy for products, or agreements with retailers on the availability of information on the prevention of waste and products with less environmental impact.
15. incorporation of environmental criteria and preventing the generation of waste in enterprises and the public sector purchases. In relation to the public sector purchases, mentioned criteria may integrate into the specifications or contractual documentation of complementarity, as selection criteria or, in your case, adjudication, in accordance with the Manual on public procurement with environmental criteria published by the Commission on 29 October 2004, and in accordance with the law 30/2007 , 30 October, public sector contracts.
16. the promotion of the reuse of products or preparation for the re-use of disposable products, especially through educational, economic, logistical measures or otherwise, as support for authorized collection and re-use centres and networks, as well as the promotion of its creation, especially in regions with high population density or where there were no such centres and networks. They pay special attention to the promotion of institutions of social economy for the management of the centres.
17 agreements with the hospitality industry and catering, such as promoting the use of reusable packaging, integration of environmental criteria and waste prevention in the procurement of materials and services.
18. measures for the decrease of the consumption of packaged products.
19. with regard to the generation of waste food the inclusion of measures to avoid food wastage and encourage responsible consumption, such as agreements with retailers to minimize expired foods, set standards for consumers, catering and dining activities to take advantage of leftovers, creating lines of use of surpluses in good condition through social initiatives - kitchens , banks of food, etc.
20. promotion of the responsible use of paper, the dematerialization of information and the reuse of textbooks and reading.
21. promotion of the consumption of services or intangible property through educational campaigns and/or agreements with social organizations and municipal administrations.
22. promotion of the sale and consumption of fresh foods in bulk to reduce packaging waste generation.
23. promotion of the use of containers and packaging made from materials giving priority to renewable, recyclable and biodegradable, such as paper, corrugated cardboard, compact carton or wood waste from.
24. economic instruments such as incentives for green purchases or the introduction of an obligatory payment by consumers by an article or particular element of packaging that would have normally is supplied free.
Annex V content of the regional waste 1 management plans. Minimum content of plans: to) the type, quantity and source of waste generated within the territory, which is expected to transport from and to other Member States, and whenever possible and from other autonomous communities and an assessment of the future evolution of the waste streams.
(b) existing systems for collecting waste and main facilities of disposal and recovery, including any special measure for waste oils, hazardous waste or waste subject to specific legislation flows.
(c) an assessment of the need for new systems of collection, the closure of the existing facilities of waste, treatment of waste and the corresponding investments additional facilities.
(d) information on the criteria for the identification of the site location and capacity of future disposal facilities or major enhancement facilities.
(e) waste management policies, including planned waste management methods, and technologies and the identification of waste posing specific management problems.
2 other elements: to) organisational aspects related to waste management, including a description of the distribution of responsibilities between public and private operators dealing with waste management.
(b) awareness-raising and information campaigns aimed at the public in general or to a particular group of consumers.
(c) the places historically contaminated by disposal of waste and measures for their rehabilitation.
Annex VI content of the application for authorization of treatment of waste 1 activities. Content of the request for authorisation of waste treatment facilities: a) identification of the owner or legal person of the installation.
(b) location of the facilities where you carry out waste treatment operations, identified by geographical coordinates.
(c) presentation of the project of the installation with a detailed description of facilities, their technical specifications and any other applicable to the installation or the place where they will carry out treatment operations.
(d) type and quantity of waste that can be identified by the LER codes and if necessary for each type of operation.
(e) facilities not included in the scope of the law 16/2002, of July 1, integrated pollution prevention and control, must submit, along with the authorization request, required by the environmental impact assessment where State or autonomic legislation on environmental impact statement.
2 contents of the application for authorization of natural or legal persons who carry out waste treatment operations: a) identification of the natural or legal person requesting to carry out the activity of waste treatment.
(b) detailed description of the activities of waste treatment that aims to make including the types of business envisaged to be carried out, including the encoding set in annexes I and II of this law.
(c) methods to be used for each type of processing operation, safety and precaution measures and planned monitoring and control operations.
(d) technical capacity to perform the treatment provided for in the installation.
(e) supporting documentation of insurance or a callable bond.
Annex VII contents of the authorization of treatment of waste 1. Contents of the authorization of facilities where waste treatment operations are performed: to) identification of the natural or legal person owns the installation and identification number, where appropriate.
(b) location of the facilities where you carry out waste treatment operations, identified by geographical coordinates.
(c) type and quantity of waste whose treatment is authorized to be identified by the LER codes.
(d) authorized treatment operations identified according to the codes set out in annexes I and II.
(e) maximum capacity of waste treatment of each operation that is carried out in the installation.
(f) provisions that may be necessary concerning the closure and post-warranty maintenance of the facilities.
(g) date of the authorization and term.
(h) other requirements relating to the installation of waste treatment, including the financial guarantees that are enforceable in accordance with the regulations of waste.
2 contents of the authorization of the natural or legal persons to carry out waste treatment operations: a) identification of the natural or legal person authorized to carry out the activity of waste treatment, including address and CIF, or NIF as appropriate.
(b) type and quantity of waste whose processing operation is authorized to be identified by LER codes.
(c) authorized treatment operations identified according to the codes set out in annexes I and II.
(d) date of the authorization and term.
(e) identification number, where appropriate.
(f) other requirements including financial guarantees that are enforceable in accordance with the regulations of waste.
Annex VIII content of communication of producers and managers of waste 1. Contents of communications industries or waste-producing activities: to) data for identification of the company and its legal representative; included the NIF of the company.
(b) identification data of the producer Centre, including the code of economic activities (CNAE).
(c) estimated amount of waste that is scheduled to produce annually.
(d) waste produced in each process characterized according to annex III of this law and identified according to annex 1 of the order/MAM/304/2002, of 8 February, by which the operations of recovery and disposal of waste and the European waste list are published.
(e) conditions of storage at the place of production.
(f) the envisaged for waste and hazardous waste treatment operations must include also the document of acceptance by the administrator who is going to carry out the treatment or if statement responsible for the enterprise that have stated their commitment to deliver the waste to an authorized Manager.
(g) any other data of identification necessary for the electronic submission of the communication.
2 content of communications companies that transport waste on a professional basis: to) identification data of the enterprise and its legal representative, including CIF and NACE.
(b) content of the authorisation which is available under the legislation in force in the field of transport of goods.
(c) waste to be transported and identified according to annex 1 of the order MAM/304/2002, of 8 February, by which the operations of recovery and disposal of waste and the European waste list are published.
(d) any other data of identification necessary for the electronic submission of the communication.
3 content of communications of the companies that collect waste on a professional basis: to) identification data of the enterprise and its legal representative, including CIF and NACE.
(b) waste collected identified according to annex 1 of the order/MAM/304/2002, of 8 February.
4 content of communications to be submitted by merchants and agents: to) data for identification of the company and its legal representative, address for service and included NIF or CIF as appropriate.
(b) description of the activities that will be done.
(c) waste identified according to annex 1 of the order/MAM/304/2002, of 8 February.
5. in the presentation of the communication will be accompanied the supporting documentation of the signing of the financial guarantees required in accordance with the applicable rules.
Annex IX minimum content of the communication of the individual systems of extended liability 1. The producer identification data: address and NIF. indication of whether this is a manufacturer, importer or intracommunity acquirer.
2. identification (type and weight) that produces jobs on the market each year and an estimate on weight waste that it expected to generate identified according to code LER.
3. Description of the Organization of the system of reuse of products, if applicable, including collection points.
4. Description of the organizational system of waste management, including collection points (expected percentages of preparation for reuse, recycling or other forms of recovery and disposal).
5. identification of managers, with an indication of the operations carried out.
6. copy of financial security endorsed, if applicable.
7 copy of signed contracts and agreements for the management of waste.
8. Financing of the activities form.
9. territorial scope of action.
10. procedure of collecting data and providing information to public administrations.
Annex X minimum content of the application for authorization of the collective systems of extended liability 1. Identification form legal service system, description of operation, description of products and residues which acts as well as the geographical area of action, identification of members, criteria for the addition of new members and description of the conditions of its incorporation.
2. Description of the measures for the fulfilment of the obligations arising from the expanded responsibility of the producer of the product, in accordance with specific regulations.
3. identification, where applicable, of the administering entity as well as the legal relations and links between this entity and the collective system of extended responsibility and those who comprise it.
4. legal relations and ties or agreements that are established with public administrations where appropriate, entities or companies with whom they agree or contract for the management of waste in compliance with obligations that are attributed to them or with other economic agents.
5 description of funding for the system: estimation of income and expenses. When waste management involves an additional cost for producers, and where appropriate for distributors, indication of the methods of calculation and assessment of the amount of the fee that covers the total cost of the fulfilment of the obligations assumed by the system, ensuring that it will serve to finance the planned management, will also indicate , where appropriate, the cost that will impact on the product. This fee where applicable will be disaggregated by materials, types or categories. Also specify the mode of its fundraising. The conditions and modalities of review of quotas depending on the evolution of the fulfilment of obligations.
6. where appropriate, the criteria for funding public schemes proposed.
7. procedure of collecting data and providing information to public administrations.
8 amounts of waste (kg and units) forecast that is expected to pick up.
9. expected percentages of preparation for reuse, recycling and recovery with their corresponding deadlines and monitoring, operational control and verification of the degree of compliance.
Annex XI obligations of information in the field of contaminated soils 1. Contents of the Declaration of contaminated soil: a) General data. Identification of contaminated soil: designation of the location, address, municipality, cadastral reference, registration data and use of the site.
(b) specific data of contaminated soil: pollution-causing, owners of contaminated soil, owners of contaminated soil, affected surface, polluting activities that develop or have developed on the ground, contaminants and date of the Declaration of contaminated soil.
(c) data specific to environmental recovery: Obligados main and subsidiary to carry out operations of cleaning and recovery actions necessary to proceed with cleaning, recovery or containment, terms that the decontamination, cleaning, or recovery is due to carry out, cost of treatment, cost and duration of the phase of surveillance and control, and any other mention of interest established.
(d) low in the inventory of contaminated soils: date of as contaminated soil.
2. obligations of information in the field of soil contamination.
(a) information on the amount and evolution of the progress reports, on the application of the Government regulations determine.
(b) procedures related to contaminated soils: resolved procedures, completed recovery actions, actions of recovery underway or coming to start and processing procedures.
(c) actions and investments in prevention of soil pollution: regional plan of action, preventive measures, measures of public information, complementary actions in resolutions, studies and methodological guides and investment and financing mechanisms.
Annex XII obligations of information of the waste treatment companies contained in article 41 the company ID: processing operation: date: entries in the installation: outputs of the installation: waste (1) quantity (2) origin (4) waste treatment / materials (1) amount (2) destination (5) operation (3) company
(1) waste will be identified according to annex 1 of the order MAM/304/2002, of 8 February.
(2) the quantities shall be expressed in tonnes.
(3) the processing operations will be identified using the encoding set in annexes I and II of this law.
(4) identification of the company or entity where come from waste.
(5) indication of the destination of waste treatment and materials, including the operation to which they are destined.