JOHN CARLOS I
KING OF SPAIN
To all who present it and understand it.
Sabed: That the General Courts have approved and I come to sanction the following law.
In a European context in which the production of waste is continuously increasing and in which the economic activity linked to waste is becoming more and more important both for its size and for its direct impact on the sustainability of the European economic model, the Sixth Community Environment Action Programme called for the review of waste legislation, 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 objectives. In the same vein, the Commission Communication of 27 May 2003, "Towards a Thematic Strategy for the Prevention and Recycling of Waste", called for progress in its review.
All this led to the replacement of the previous Community legal waste regime and the enactment of Directive 2008 /98/EC of the European Parliament and of the Council of 19 November 2008 on waste and on the repeal certain Directives by integrating them into a single standard ("Waste Framework Directive"). This new Directive establishes the legal framework of the European Union for the management of waste, provides the instruments that make it possible to dissociate the existing relationship between economic growth and the production of waste, making it special emphasis on prevention, understood as the set of measures taken before a product becomes waste, to reduce both the quantity and content of dangerous substances and the adverse impacts on human health and the environment. the environment of the waste generated. This incorporates the principle of hierarchy in the production and management of waste to be focused on prevention, the preparation for reuse, recycling or other forms of recovery, including energy recovery and transforming the European Union into a "recycling society" and contributing to the fight against climate change.
The transposition of this Directive into our internal legal order is carried out through this Law which replaces the previously existing Law 10/1998 of 21 April of Waste.
The necessary modification of our internal legislative framework on waste for adaptation to changes in Community law is also an opportunity to update and improve the arrangements provided for in the Law 10/1998 of 21 April. This law established the first general regulation of waste in our legal system. In the 12 years of application of this standard, public administrations, producers and waste managers have acquired experience and training in this field far greater than the existing one at the time of the adoption of the standard. This is a very important step in the future, and, on the other hand, the prevention, production and management of waste, and the principles that inspire it, have undergone significant developments. On the other hand, the fight against climate change is a priority of environmental policy and although the contribution of waste to climate change is small in relation to other sectors, there is a significant potential for reduction. greenhouse gas emissions, associated with the waste sector.
Therefore, the transposition of the Waste Framework Directive and the replacement of the previous Waste Law make it necessary to update the legal regime for the production and management of waste in the light of experience. The Commission has already adopted a number of measures to improve the quality of the waste. In addition to this Law in the framework of the basic principles of protection of human health and the environment, it guides the policy of waste according to the principle of hierarchy in the production and management of the same, maximizing the exploitation of resources and minimizing the impacts of production and waste management. The new law promotes the implementation of measures for the prevention, reuse and recycling of waste, and in accordance with the provisions of the Framework Directive, it allows the incineration of domestic waste to be classified as a recovery operation. mixed only when it is produced with a certain level of energy efficiency; it also aims to increase the transparency and environmental and economic efficiency of waste management activities. Finally, it is 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 for society at every moment, which will undoubtedly have an impact on the reduction of greenhouse gas emissions associated with this sector and will contribute to climate conservation.
Title I of the Law contains the general provisions and principles and is divided into two chapters.
The first chapter is dedicated to the general provisions and includes the object, definitions, as well as the reference to the classification and the European list of waste.
The purpose of this Law is to establish the legal regime for the production and management of waste, as well as the provision of measures to prevent its generation and to prevent or reduce adverse impacts on human health and the environment associated with the generation and management of the same. Similarly, and as already happened in the previous Waste Law, this law also has the purpose of regulating the legal regime of contaminated soils. Finally, the scope of the Law is to be defined with a number of expressly mentioned exclusions.
An article of definitions is included, including key concepts such as "waste", "reuse", "recycling", "recovery" and "disposal". The definitions of "domestic waste", "commercial" and "industrial waste" are also introduced in order to clarify the management powers for different types of waste. Other concepts are also defined which subsequently appear throughout the text, with the aim of achieving a higher degree of accuracy and legal certainty when applying the rule, such as "contaminated soil" or "compost". The definitions of the "dealer" and "agent" Directive are incorporated as waste managers, and these two figures are distinguished in that the dealer acts on his own account while the agent acts on behalf of third parties.
Following the guidelines of the Waste Framework Directive, specific articles are introduced dedicated to the concepts of "by-product" and "end of the residue condition", and the conditions to be met are laid down. to be considered as a by-product or to lose its residue condition.
Chapter II is dedicated to the principles of waste policy and administrative competences.
It starts with the basic principles in this field: the protection of human health and the environment, principles already mentioned in the previous directive and which, as could not be otherwise, are maintained in this. As a novelty of the new Directive, a new hierarchy of waste is formulated which sets out the order of priority for action in the waste policy: prevention (in the generation of waste), preparation for reuse, recycling, other types of recovery (including energy) and, finally, the disposal of waste. In accordance with the principles of self-sufficiency and proximity, measures should be taken to establish an integrated network of facilities for the recovery of mixed waste. The rights of access to information and participation in the field of the environment, guaranteed by Law 27/2006 of 18 July, governing the rights of access to information, public participation and access to information justice, they are expressly reflected in the law. In application of the 'polluter pays' principle, an article is included concerning the costs of managing the waste to be borne by the producer of the waste or on the producer of the product which, with the use, becomes waste, in the cases in which it is established in accordance with the extended liability rules of the producer of the product.
Because there are several public administrations involved in waste management, an article is required to define the administrative powers of each of them. It clarifies the distribution of competence in the previous Law, especially in relation to the Local Entities, which may establish through their ordinances the conditions for the delivery of the waste whose management they have assumed.
With the aim of setting up a forum of competent administrative authorities in this area, the Law includes the creation of a Commission for the coordination of waste as a technical cooperation body and collaboration between the different administrations, composed of representatives of the General Administration of the State (of the ministerial departments with competence in this field), of the Autonomous Communities and Cities, and of the Local Entities. This Commission may set up specialised working groups involving experts in the field concerned, the public or private sector.
Title II is dedicated to waste policy instruments. Following the lines set out in the Framework Directive, waste management plans and programmes and waste prevention programmes are listed as planning instruments. It also provides for the possibility of adopting economic measures and instruments, including the charges applicable to the landfill of waste by landfill and the incineration of household waste.
Waste management planning is another essential instrument of waste policy. This is why this law develops these plans at national, regional and local level: the National Plan for Waste Management defines the general strategy of waste management as well as the minimum objectives, the Autonomous Communities will develop their the respective regional waste management plans, and it is possible for local authorities to carry out waste management programmes separately or jointly.
Given the importance attached to prevention in the generation of waste, the Directive includes a specific instrument: the waste prevention programmes which establish the prevention measures and objectives. These programmes may be integrated into waste management plans and programmes, in other environmental policy programmes or shall be established as separate programmes.
Title III of the Law carries the "Production, possession and management of waste" by heading 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 interveners in the chain of production and waste management, as well as a simplification of the administrative burdens on the operators, replacing part of the existing authorizations in the previous Communications Act. This development of the replacement of communications authorisations is part of the general process of replacing the ex ante control of the administration with ex post control, which does not slow down the start of economic activities, but that in any case does not imply a loss of control on the part of the administration but a change at the time it takes place.
This Title III has been organised in three chapters dedicated to the obligations of producers or other initial holders of waste, the obligations of waste managers and, finally, the third chapter sets out the (a) a system of communications and authorisations for waste.
In the first chapter, the obligations of producers or other initial holders of waste relating to the management of their waste as well as those relating to the storage, mixing, packaging and labelling of their waste are collected. wastes. The producer or the initial holder of the waste must ensure the proper treatment of its waste, for which different options are established (whether the treatment is carried out by itself or delivered to a third party, public or private), in all The operations to be carried out must be documented. The scope of the responsibility of producers and initial holders of waste is also established, obligations relating to the delivery of household waste and commercial waste are laid down, and specific features are set out. relating to hazardous waste.
Chapter II on the obligations of managers is divided into four sections, the first of which regulates the general obligations of managers in relation to the requirements for storage and underwriting of insurance or These are the specific obligations of the waste managers according to their activity.
The second section sets out the objectives and measures in waste management. These will be intended to promote the preparation for reuse and recycling by setting specific targets for the implementation of separate material collection. Specific targets for the preparation for reuse and recycling of household waste, and for preparation for reuse, recycling and recovery for construction and demolition waste are also set out.
A third section makes express reference to bio-waste and makes it possible for plans and programmes to include measures to boost their separate collection for biological treatment and to obtain organic quality.
Section 4 of this Chapter II regulates the shipment of waste, understood as transport destined for disposal and recovery. First, the legal system of transfers within the State is established, with the sole cause of opposition to the environmental reasons listed in Regulation (EC) No 1013/2006 and in the Directive itself. frame. The entry and exit of waste from the national territory is regulated in accordance with the said Community Regulation, with the obligation for those who organise the shipments to submit information relating to the non-hazardous waste, for statistical and control purposes.
In Chapter III of Title III, communications and authorizations for the production and waste management activities are regulated. Undertakings producing hazardous waste and non-hazardous waste in excess of 1,000 tonnes per year are subject to the requirement of prior communication in the Autonomous Community where they are located, in this way the Autonomous Communities of information necessary to facilitate the monitoring and control of the production of waste, and the administrative formalities for undertakings producing hazardous waste are simplified, replacing the previous system of authorisation with the current communication.
Likewise, this rule has an impact on the legal regime applicable to waste management in its broadest sense-the sale of waste (negotiation), agency, collection, transport and treatment, establishing for those companies whose activity is not linked to an installation, a communication system only in the Autonomous Community where they have their domicile, avoiding the repetition of administrative formalities in the other Autonomous Communities where they intend to operate.
The regime applicable to waste management activities that are developed in a given facility is that of authorization, both to the company that will develop the activity, and to the facilities where it is develops.
It is necessary to stress that there is no specific legal regime for all waste storage operations, but that, when it is a treatment operation, the facility will require prior authorisation. On the other hand, where waste producers store their own waste at the place of production and are obliged to submit communication, they must include the conditions of this storage in the content of the communication.
The Law dedicates its Title IV to the "Extended Responsibility of the Producer of the Product". While it cannot be argued that this regulation is introduced as a ex novo, it should be noted that a systematic and coherent legal framework is established for the first time, under which the producers of products with their use become waste is involved in the prevention and management of waste management, promoting reuse, recycling and recovery of waste, in accordance with the inspiring principles of this new legislation.
The Law delimits the scope of this responsibility, establishing the obligations to which, through the corresponding regulatory development, the producers may be subjected, both in the design and production phase of their products such as during the management of the waste resulting from its use.
In terms of how to deal with these obligations, the Law allows it to be done individually or through collective systems. In this case, producers must be an entity with its own legal personality and not for profit, guaranteeing the access of all producers according to objective criteria. For this scenario, a system of authorisation is provided for with the participation of the Commission for the coordination of waste, which ensures a homogeneous performance throughout the national territory of the collective systems.
The individual systems, on the other hand, are not subject to this system of administrative authorization, but to prior communication at the beginning of their activity, in line with the principle, which is also inspiring to make it easier for citizens and businesses to access and exercise service activities.
Title V contains the regulation of contaminated soils, a concept used for the first time in our legal order in Law 10/1998 of 21 April, which is now repealed. For this reason it has been considered essential to maintain the legal regime which is already in force, although in the light of the experience gained there are some questions such as the determination of the subjects responsible for the contamination of the soils. In addition, in order to acquire a better understanding of the situation of contaminated soils, the reporting obligations to which the holders of potentially polluting soil activities are subject are regulated. as the owners of contaminated soils and the state inventory of contaminated soils is created.
As mentioned above, one of the objectives of this Law is to increase transparency in the management of waste and to enable its traceability, and to this end, Title VI, dedicated to the Registration and Information on waste.
The Law regulates the Registration of Production and Waste Management which incorporates information from the Registers of the Autonomous Communities and such information may be used by another public administration for the purpose of reduce administrative burdens. This Register shall be developed regulatively.
In order to facilitate the surveillance and inspection functions that this Law attributes to public administrations, it is established, for registered entities or companies, the obligation to carry a chronological file in which they will write the information relating to the production and waste management operations by facilitating the traceability of the waste from its production to its final treatment.
The annual submission of information to the Autonomous Communities by the waste treatment entities or companies will make it possible to improve information on the production and management of waste and to provide information precise and reliable, basic to develop the waste policy and to comply with the obligations of information, community and international.
Finally Title VII regulates responsibility, surveillance, inspection and control, and the sanctioning regime.
In line with the abolition of certain administrative authorisations and their replacement by prior notification at the start of the activities, the Law strengthens the powers of the public authorities for the inspection, surveillance and control of activities related to contaminated waste and soils.
The sanctioning regime is an update of the content of Law 10/1998 of 21 April. To this end, and taking into account the experience gained, certain infringements and penalties have been more precisely defined, making them more appropriate and effective in relation to the purposes pursued.
As regards the penalties, the amount of the penalties has been revised, taking into account the seriousness of the conduct, and the obligation to repair the damage caused to the natural resources under the terms of Law 26/2007 has been introduced. October 23, Environmental Responsibility.
In terms of sanctioning powers, it has been extended by the holders of the Local Entities and, in order to strengthen the preventive character of the Law, the possibility has been included that the competent body may adopt provisional measures essential before the start of the procedure, in cases of urgency and for the provisional protection of the interests involved.
As for the final part of the Law, the additional provision first declares of public utility and social interest, for the purposes of the legislation of compulsory expropriation, the establishment or extension of storage, recovery and disposal of waste; the second sets out a timetable for the gradual replacement of commercial single-use bags of non-biodegradable plastic; the third provides for the General Administration of the State establish measures to finance the additional cost involved in the recovery of the waste generated in the Illes Balears, Canarias, Ceuta and Melilla; the fourth is that the regulation of contaminated soils contained in the Law should be without prejudice to the forecasts contained in the laws of the National Defense; the Fifth, it provides for the application of this Law without prejudice to the rules on health protection and the prevention of occupational risks; the sixth establishes the control of waste management activities relevant to citizen security; the seventh allows the parties to provide guarantees under this law and for other rules make a single instrument, and specifies that those intended to cover the environmental restoration shall be calculated in accordance with the environmental liability rules; the eighth sets a three-year period for the adequacy of this law of the provisions for the development of waste. The additional provision provides for the processing of the procedures and the sending of information by electronic means in accordance with Law 11/2007, of June 22, of electronic access of the citizens to the Public Services; the provision In addition, it is necessary for the Government to submit to the Courts a draft Law on the compensation of greenhouse gas emissions in the waste sector. The Commission and the 12th Commission are forcing the Government to promote technical cooperation and cooperation. between public administration and private initiative. Finally, the additional 13th provision promotes the impetus for research on waste prevention and management.
Transitional regimes are established in relation to the by-products, the Local Entity Ordinance, the contracts in force of the local entities for the management of commercial waste, the systems of responsibility the extended producer, the financial guarantees in force, the Register of production and waste management and for authorisations and communications. They are also granted on a transitional basis to the bodies which have so far been granted the powers conferred on the Commission on waste coordination by the Law.
With respect to the repeal provision, the express repeal of Law 10/1998, of 21 April, stands out.
The final provisions, finally, are dedicated to the definition of the competition titles; they make explicit the work of transposition of Community law that the Law makes; they authorize the government to carry out the development The law, the day following its publication in the "Official Gazette of the State", is set as the entry into force of the Law.
As for the Annexes, I and II list, respectively, the disposal and recovery operations of waste. The III describes the characteristics of the waste that enable them to be classified as hazardous. Annex IV contains examples of waste prevention measures. The V specifies the content of the autonomic waste management plans.
Annex VI describes the content of the application for the authorisation for the treatment of waste, the seventh the content of the waste treatment authorisation and the VIII content of the regulated communications in the Law.
Annexes IX and X specify the content of the communication and the authorization, respectively, of the individual and collective systems of extended producer responsibility.
Finally, Annex XI contains the obligations of information on contaminated soils, and the XII the reporting obligations of waste treatment companies.
General provisions and principles
Article 1. Object.
This Law aims to regulate waste management by promoting measures that prevent its generation and mitigate the adverse impacts on human health and the environment associated with its generation and management, improving the efficiency in the use of resources. It also aims to regulate the legal regime of contaminated soils.
Article 2. Scope.
1. This Law applies to all types of waste, with the following exclusions:
(a) Emissions into the atmosphere covered by Law 34/2007 of 15 November of air quality and protection of the atmosphere, as well as carbon dioxide captured and transported for geological storage purposes; and stored in geological formations in accordance with Law 40/2010 of 29 December 2010 on the geological storage of carbon dioxide. Nor shall it apply to the geological storage of carbon dioxide for the purposes of research, development or experimentation of new products and processes provided that the intended storage capacity is less than 100%. Kilotonnes.
(b) Uncontaminated soils excavated and other natural materials excavated during construction activities, when it is certain that these materials will be used for construction purposes in their natural state in the place or work where they were extracted.
c) Radioactive waste.
d) Unclassified explosives.
(e) Fecal materials, if not referred to in paragraph 2 (b), straw and other natural, agricultural or forestry material, not dangerous, used in agricultural and livestock holdings, in forestry or in energy production on the basis of this biomass, by means of procedures or methods which do not endanger human health or harm the environment.
2. This Law will not apply to the waste listed below, in the aspects already regulated by another Community or national standard that incorporates our Community rules:
a) The wastewater.
(b) Animal by-products covered by Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules for animal by-products and animal by-products derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002.
Not included in this derogation, and will therefore be regulated by this Law, animal by-products and their derived products, when destined for incineration, to landfills or to be used in a biogas plant or composting.
(c) carcasses of animals which have died in a manner other than slaughter, including those killed in order to eradicate epizootic diseases, and which are disposed of in accordance with Regulation (EC) No 1069/2009 of the European Parliament European Commission and Council of 21 October 2009.
(d) Waste resulting from the exploration, extraction, processing or storage of mineral resources, as well as the exploitation of quarries covered by Royal Decree 975/2009 of 12 June 2009 on management waste from extractive industries and the protection and rehabilitation of the space affected by mining activities.
3. Without prejudice to the obligations imposed under the specific rules applicable, sediments relocated within the surface waters for the purposes of water and water management shall be excluded from the scope of this Law. inland waterways, flood prevention or mitigation of the effects of floods and droughts, or the creation of new areas of land, if it is demonstrated that these sediments are non-hazardous.
4. Contaminated soils shall be governed by Title V of contaminated soils.
Article 3. Definitions.
For the purposes of this Law:
(a) "Residue" means any substance or object that is disposed of or intended to be disposed of by its holder or the obligation to discard.
(b) "Domestic waste" means waste generated in households as a result of domestic activities. Household waste is also considered to be similar to previous waste generated in services and industries.
Also included in this category are the waste generated in the homes of electrical and electronic equipment, clothing, batteries, accumulators, furniture and articles as well as the waste and debris from minor works of home construction and repair.
Will have the consideration of household waste waste from public roads, green areas, recreational areas and beaches, dead pets and abandoned vehicles.
(c) "commercial waste" means waste generated by the activity itself, wholesale and retail, of catering services and bars, offices and markets, as well as the rest of the service sector.
(d) "industrial waste" means waste resulting from the manufacturing, processing, use, consumption, cleaning or maintenance processes generated by the industrial activity, excluding emissions to the Regulated atmosphere in Law 34/2007 of 15 November.
(e) "Dangerous waste" means a waste that presents one or more of the hazardous characteristics listed in Annex III, and that which can be approved by the Government in accordance with the provisions of European legislation or conventions of which Spain is a party, as well as the containers and containers which have contained them.
(f) "used oils" means all mineral or synthetic oils, industrial or lubricating oils, which have ceased to be suitable for the originally intended use, such as the used oils of combustion engines and the oil of changes, lubricating oils, turbine oils and hydraulic oils.
g) "Biorresidue": biodegradable waste of gardens and parks, food and food waste from households, restaurants, collective catering services and retail establishments; as well as waste comparable from food processing plants.
(h) "Prevention" means a set of measures taken at the design, design, production, distribution and consumption phase of a substance, material or product to reduce:
1. º The amount of residue, even by reusing the products or lengthening the shelf life of the products.
2. The adverse impacts on the environment and human health from generated waste, including saving on the use of materials or energy.
3. The content of harmful substances in materials and products.
i) 'waste producer' means any natural or legal person whose activity produces waste (initial producer of waste) or any person carrying out pre-treatment, mixing or other operations, which cause a change in the nature or composition of the waste. In the case of goods removed by the control and inspection services at the border facilities, the representative of the goods shall be considered as a producer of waste or the importer or exporter of the goods.
j) "Waste holder" means the producer of waste or other natural or legal person who is in possession of waste.
(k) "Negotiating" means any natural or legal person acting on his own behalf in the purchase and subsequent sale of waste, including those in the business who do not take physical possession of the waste.
(l) "Agent" means any natural or legal person who organizes the recovery or disposal of waste on behalf of third parties, including those who do not take physical possession of the waste.
m) "Waste management" means the collection, transport and treatment of waste, including the monitoring of such operations, as well as the maintenance after the closure of landfills, including actions taken in quality of business or agent.
n) "Waste Manager" means the person or entity, public or private, registered by authorization or communication which carries out any of the operations that make up the waste management, whether or not the producer of the waste same.
n) "Collection" means the operation consisting of the collection of waste, including initial classification and storage for transport to a treatment facility.
(o) 'Separate collection' means the collection in which a waste stream is kept separately, according to its type and nature, to facilitate a specific treatment.
p) "Reuse" means any operation by which products or components of products that are not waste are used again for the same purpose for which they were designed.
q) "Treatment" means the recovery or disposal operations, including preparation prior to recovery or disposal.
r) "Valorization" means any operation whose main result is that the residue serves a useful purpose by replacing other materials, which otherwise would have been used to fulfil a particular function, or that the residue is prepared to fulfill that function in the installation or in the economy in general. A non-exhaustive list of recovery operations is set out in Annex II.
s) "Preparation for reuse" means the recovery operation consisting of checking, cleaning or repairing, by which products or components of products that have become waste are prepared for can be reused without any other prior transformation.
t) "Recycling" means any recovery operation whereby the waste materials are processed back into products, materials or substances, whether for the original purpose or for any other purpose. It includes the transformation of organic material, but not energy recovery or transformation into materials to be used as fuels or for infill operations.
u) "Regeneration of waste oils" means any recycling operation that allows the production of basic oils by refining used oils, in particular by removing contaminants, oxidation products and additives containing such oils.
v) "Elimination" means any operation other than recovery, even where the operation has as a secondary consequence the use of substances or energy. A non-exhaustive list of disposal operations is set out in Annex I.
w) "Best available techniques": the best available techniques as defined in Article 3 (n) of Law 16/2002 of 1 July on integrated pollution prevention and control.
x) 'contaminated soil' means a product whose characteristics have been adversely affected by the presence of hazardous chemical components from human activity, in such a concentration as to be at risk unacceptable to human health or the environment, in accordance with the criteria and standards to be determined by the Government, and has been declared by express resolution.
and) "Compost": an organic amendment obtained from the aerobic and thermophile biological treatment of biodegradable waste collected separately. The organic material obtained from the biological mechanical treatment plants of mixed residues shall not be considered as compost, which shall be referred to as biostabilized material.
Article 4. By-products.
1. A substance or object resulting from a production process, the primary purpose of which is not the production of that substance or object, may be considered as a by-product and not as a waste as defined in Article 3 (a), where the Following conditions:
a) That the substance or object is to be used at a later time,
(b) the substance or object may be used directly without having to undergo further processing other than the usual industrial practice,
(c) the substance or object is produced as an integral part of a production process, and
(d) that the subsequent use complies with all relevant requirements relating to products as well as the protection of human health and the environment, without producing adverse general impacts on human health or the environment; environment.
2. The Commission for the Coordination of Waste shall evaluate the consideration of these substances or objects as by-products, taking into account the established case for the European Union, and shall propose their approval to the Commission. Ministry of the Environment, and Rural and Marine Environment, which will dictate the corresponding ministerial order.
Article 5. End of the residue condition.
1. On the order of the Minister for the Environment, and the Rural and Marine Environment, it will be possible to establish the specific criteria for certain types of waste, which have undergone a recovery operation, including recycling, to comply with may cease to be considered as such for the purposes of the provisions of this Law and provided that the following conditions are met:
a) That the resulting substances or objects are commonly used for specific purposes;
b) that there is a market or demand for such substances or objects;
(c) that the resulting substances or objects meet the technical requirements for specific purposes, existing legislation and the rules applicable to the products; and
d) that the use of the resulting substance or object does not generate adverse impacts on the environment or health.
2. In the preparation of this order, account will be taken of the preliminary study to be carried out by the Commission on the coordination of waste, which will analyse the case-law of the European Union, the applicable case-law, the principles of precaution and prevention, any harmful impacts of the resulting material and, where necessary, the provenance of the limit values for the pollutants.
3. The substances or objects affected by the preceding paragraphs and their implementing rules shall be counted as recycled and recovered waste for the purpose of meeting the targets for recycling and recovery when meet the criteria for recovery and recycling provided for in those standards.
Article 6. Classification and European List of Waste.
1. The determination of the waste to be considered as hazardous and non-hazardous waste shall be made in accordance with the list set out in Commission Decision 2000 /532/EC of 3 May 2000.
2. On the order of the Minister for the Environment, and the Rural and Marine Environment, after consulting the Commission on the coordination of waste, a residue may be reclassified in the following terms, as appropriate, in accordance with the procedures laid down in the Article 7 of Directive 2008 /98/EC:
(a) A residue may be considered as hazardous when, although not listed as such, one or more of the characteristics listed in Annex III is present.
(b) A residue may be considered as non-hazardous when there is evidence that a certain residue on the list as hazardous does not present any of the characteristics listed in Annex III.
When the assumptions of the previous two paragraphs are given, the Ministry of the Environment, and the Rural and Marine Environment will notify the European Commission without delay and submit all relevant information to it.
3. The reclassification of hazardous waste in non-hazardous waste may not be carried out by means of a dilution or mixture intended to reduce the initial concentrations of dangerous substances below the limits defined by the hazardous character of a residue.
Principles of waste policy and administrative competencies
Article 7. Protection of human health and the environment.
1. The competent authorities shall take the necessary measures to ensure that waste management is carried out without endangering human health and without harming the environment, in particular:
a) They will not generate risks for water, air or soil, or for fauna and flora;
b) shall not cause discomforts by noise or odours; and
(c) shall not adversely affect landscapes or places of special interest legally protected.
2. The measures to be taken in the field of waste should be consistent with the strategies to combat climate change.
Article 8. Waste hierarchy.
1. The competent authorities, in the development of policies and legislation in the field of waste prevention and management, shall apply to achieve the best overall environmental performance, the waste hierarchy by the following order of priority:
b) Preparing for reuse;
(d) Other type of recovery, including energy recovery; and
2. However, in order to achieve the best overall environmental performance in certain waste streams it is necessary to depart from that hierarchy, a different order of priorities may be adopted on the basis of a cycle approach. life on the impacts of the generation and management of such waste, taking into account the general principles of precaution and sustainability in the field of environmental protection, technical and economic feasibility, protection of resources, and as a set of environmental impacts on human, economic and social health, agreement with Articles 1 and 7.
Article 9. Self-sufficiency and proximity.
1. The Ministry of the Environment, and the Rural and Marine Environment in collaboration with the Autonomous Communities, and if necessary with other Member States, shall take appropriate measures, without prejudice to the application of the waste hierarchy in its management, to establish an integrated network of waste disposal facilities and facilities for the recovery of mixed household waste, even where the collection also covers similar waste from other sources producers, taking into account the best available techniques.
2. The network shall permit the disposal of waste or recovery of the waste referred to in paragraph 1, in one of the nearest appropriate facilities, by the use of the most appropriate technologies and methods to ensure a high level of protection of the environment and public health.
Article 10. Access to information and participation in the field of waste.
Public administrations will guarantee the rights of access to information and participation in waste in the terms provided for in Law 27/2006 of July 18, which regulates the rights of access to the information, public participation and access to justice in the field of the environment.
Public administrations shall draw up and publish at least each year a report on the situation of the production and management of waste, including collection and treatment data broken down by fractions and provenance. These reports will be nationally and autonomously and, where appropriate, local. The information contained in the production and management register shall also be published in accordance with Article 39.
Public administrations, stakeholders, and the general public will have the opportunity to participate in the preparation of the plans and programmes set out 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 the assessment of the effects of certain plans and programmes on the environment. These plans and programmes shall be publicly available and shall be made available by the competent authorities on a website accessible to the public.
Article 11. Costs of waste management.
1. In accordance with the polluter pays principle, the costs relating to the management of waste must be borne by the initial waste producer, the current holder or the previous holder of the waste in accordance with the provisions laid down in this Regulation. Articles 42 and 45.2.
2. The rules governing the extended liability of the producer for certain waste streams shall lay down the assumptions in which the costs relating to their management shall be borne, in part or in whole, by the producer of the product concerned. the waste is derived and where the product distributors may share such costs.
3. In determining the costs of managing household waste, and of the commercial waste managed by the Local Authorities, the actual cost of the waste collection, transport and treatment operations shall be included, including surveillance of these operations, and maintenance after the closure of landfills.
Article 12. Administrative powers.
1. The Council of Ministers, on a proposal from the Ministry of the Environment, and the Rural and Marine Environment, will approve the National Framework Plan for Waste Management.
2. The General Administration of the State shall exercise the power of surveillance and inspection, and the sanctioning authority in the field of its powers.
3. The Ministry responsible for the environment:
a) Develop the National Waste Management Framework Plan.
b) Set minimum targets for reduction in waste generation, as well as for preparation for reuse, recycling and other forms of mandatory recovery of certain types of waste.
(c) Authorising shipments of waste to or from third countries outside the European Union and exercising the inspection and sanction functions resulting from the said transfer regime, without prejudice to the cooperation which may be provided by the Autonomous Community where the centre of the activity concerned is situated.
(d) to carry out the duties corresponding to the national authority in cases where Spain is a State of transit within the meaning of Article 53 of Regulation (EC) No 1013/2006 of the European Parliament and of the Council, of 14 June 2006 on the shipment of waste.
e) Collect, develop and update the information necessary for the fulfilment of obligations under national, Community law, international conventions or any other reporting obligation public.
(f) The other powers conferred on it by the remaining waste rules.
4. It is for the Autonomous Communities:
(a) The elaboration of the autonomic waste prevention programmes and the autonomic waste management plans
(b) The authorisation, surveillance, inspection and sanction of the production and waste management activities.
c) The recording of information on waste production and management in its field of competence.
(d) The granting of the authorisation for the shipment of waste to or from countries of the European Union, as regulated by Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 and those of the European Union transfers within the territory of the State and the inspection and, where appropriate, a sanction resulting from the abovementioned transfer schemes.
e) The exercise of the power of surveillance and inspection, and the sanctioning of powers in the field of their competences.
(f) Any other waste competition not included in paragraphs 1, 2, 3 and 5 of this Article.
5. It corresponds to the Local Entities, or to the Foral Diputations where appropriate:
(a) As a compulsory service, the collection, transport and treatment of household waste generated in households, shops and services in the manner in which they establish their respective ordinances in the legal framework of the established in this Law, from which the Autonomous Communities and the sectoral regulations on the extended responsibility of the producer are established. The provision of this service corresponds to the municipalities which may be carried out independently or in association.
(b) The exercise of the power of surveillance and inspection, and the sanctioning of powers in the field of their powers.
c) Local Entities May:
1. Develop prevention and waste management programs for your competitors.
2. Manage non-hazardous commercial waste and household waste generated in industries in terms of their respective ordinances, without prejudice to producers of such waste being able to manage them by themselves in accordance with the terms set out in Article 17.3. Where the local authority establishes its own management system, it may impose, in a reasoned manner and on the basis of criteria of greater efficiency and effectiveness in the management of waste, the mandatory incorporation of waste producers into the waste management system. system in certain assumptions.
3. By means of their ordinances, obliging the producer or other holder of household or waste hazardous waste whose characteristics make it difficult for them to take measures to eliminate or reduce such characteristics or that deposit them in the right shape and place.
4. To carry out waste management activities directly or through any other form of management provided for in the local legislation. These activities may be carried out by each local entity independently or through the association of several Local Entities.
6. Public authorities in their respective fields of competence may declare all or some of the operations for the management of certain wastes to be public service where it is justified for reasons of adequate protection of the human health and the environment.
Article 13. Commission for coordination in the field of waste.
1. The Commission for the Coordination of Waste, under the Ministry of the Environment, and the Rural and Marine Environment, is hereby established as a body for technical cooperation and collaboration between the competent authorities in the field of waste.
2. This Commission shall perform the following tasks:
(a) Promote cooperation and collaboration between public administrations with competence in the field of waste.
b) Develop the reports, opinions or studies requested by its members or on their own initiative.
c) Develop recommendations, inter alia, on the sustainability, effectiveness and efficiency of waste stream management systems, recycling quality requirements, as well as on labelling.
d) Analyze the application of waste standards and their impact.
e) To analyse and assess the information available on waste in order to maintain up-to-date knowledge and available to the administrative authorities of the situation of waste from the Spanish State in the the context of the European Union. In particular, information on packaging and packaging waste shall be analysed and the appropriate recommendations shall be drawn up in order to prevent the generation of packaging waste and to contribute to a more efficient management of packaging waste.
f) Exercise the privileges conferred upon it by this rule in relation to the by-products, the loss of the waste end condition, the reclassification of waste, or the receipt of shipment notifications.
g) Analyze the justifications for alterations in the priority order of the waste hierarchy based on a lifecycle approach.
(h) Any other function of exchange of information or advice on matters relating to regulated matters in this Law which may be entrusted to it by the Ministry of the Environment, and the Rural and Marine Environment or the Autonomous Communities.
i) The functions that this Law or other rules attribute to it.
j) Exchange information and make recommendations on the application of the provisions on authorisations for the producer's extended collective responsibility systems.
k) Prior to the elaboration of the waste management plans, including the National Framework Plan, propose content and guidelines.
3. The Commission on waste coordination shall be chaired by the Director-General for Quality and Environmental Assessment and vice-chaired by one of the representatives of the Autonomous Communities. By order of the Minister for the Environment, and the Rural and Marine Environment, the 30 members of the Commission shall be appointed, including a vowel designated by each Autonomous Community, a vowel designated by each of the cities of Ceuta and Melilla, three members of the Local Entities appointed by the State-wide association with the highest implementation and eight vocal representatives of the ministerial departments, or bodies attached to them, with powers that have an impact on this matter, with the rank of deputy director general or equivalent.
For each of the members of the Commission an alternate shall be appointed. He will act as secretary, with voice and no vote, an official from the Ministry of Environment, and the Rural and Marine Environment.
4. The Commission on waste coordination may set up specialised working groups to assist in the performance of the tasks entrusted to it by this Law. Such groups may participate in the participation of technicians or experts in the field concerned, from the public sector, the private sector and civil society.
5. The Commission shall adopt its rules of operation, which shall be in accordance with the provisions laid down in Chapter II of Title II of Law No 30/1992 of 26 November 1992 on the legal system of public and public administrations. Common Administrative Procedure.
Waste Policy Instruments
Article 14. Waste management plans and programmes.
1. The Ministry responsible for the Environment, after consulting the Autonomous Communities, the Local Authorities, other Ministries concerned and, where appropriate, in collaboration with other Member States, shall draw up, in accordance with this Law, the State Framework Plan for Waste Management which will contain the general strategy of the waste policy, the guidelines and the structure to which the autonomic plans will have to be adjusted, as well as the minimum objectives to be met with prevention, preparation for reuse, recycling, recovery and disposal. The determination of these objectives will be consistent with the greenhouse gas reduction strategy and the international commitments on climate change.
2. The Autonomous Communities shall draw up the autonomic plans for waste management, after consulting the Local Entities where appropriate, in accordance with this Law.
The autonomic management plans will contain an updated analysis of the situation of waste management in the territorial area of the Autonomous Community, as well as an exposure of the measures to facilitate reuse, recycling, recovery and disposal of waste, setting targets for prevention, preparation for reuse, recycling, recovery and disposal and the estimation of their contribution to the achievement of the objectives established in this Law, in the other waste standards and in other environmental standards.
Plans shall include the elements set out in Annex V.
3. The Local Entities within the framework of their competencies, will be able to develop programs for the management of waste of conformity and in coordination with the National Framework Plan and with the autonomic plans of waste management. Local Entities may develop these programs individually or grouped together.
4. In the preparation of waste management plans and programmes, measures that have a significant impact on the reduction of greenhouse gas emissions will be assessed.
5. Waste management plans and programmes shall be evaluated and reviewed at least every six years.
Article 15. Waste prevention programmes.
1. The public authorities, in their respective fields of competence, shall approve before 12 December 2013 waste prevention programmes in which the objectives of prevention, reduction of the amount of waste are to be established. generated and reducing the quantity of hazardous or polluting substances, the existing prevention measures shall be described and the usefulness of the examples of measures set out in Annex IV or other appropriate measures shall be assessed. These measures will aim to achieve the reduction in the weight of waste produced in 2020 by 10% compared to the 2010 generated. The purpose of these objectives and measures shall be to break the link between economic growth and impacts on human health and the environment associated with the generation of waste.
2. Waste prevention programmes may be approved independently or be integrated into plans and programmes on waste management or other environmental programmes. Where prevention programmes are integrated into other plans and programmes, prevention measures and their implementation schedule should be clearly distinguished.
3. The competent authorities, in order to monitor and evaluate progress in the implementation of preventive measures, shall determine the instruments for carrying out periodic evaluations of the progress made and may fix specific qualitative and quantitative objectives and indicators.
4. The assessment of waste prevention programmes shall be carried out at least every six years, including an analysis of the effectiveness of the measures taken and their results shall be accessible to the public.
Article 16. Economic measures and instruments.
1. The competent authorities may establish economic, financial and fiscal measures to promote the prevention of waste generation, implement separate collection, improve waste management, promote and strengthen the waste markets, recycling, as well as for the waste sector to contribute to the mitigation of greenhouse gas emissions. For these purposes, charges may be laid down for the disposal and incineration of household waste.
2. Public administrations will promote the use of reusable products and easily recyclable materials, as well as products made of materials from waste, in the framework of procurement of public procurement, the quality of which will be meets the required technical specifications.
3. With regard to waste that can be recycled, public administrations may, on a temporary basis, be able to articulate mechanisms that prioritise their recycling within the European Union, where this is justified for environmental reasons.
Production, possession and management of waste
From the production and initial possession of the waste
Article 17. Obligations of the producer or other initial holder relating to the management of their waste.
1. The producer or other initial holder of waste, in order to ensure the proper treatment of its waste, shall be obliged to:
a) Perform the treatment of the waste by itself.
b) To charge the treatment of their waste to a dealer, or to an entity or company, all of which are registered in accordance with this Law.
c) Deliver the waste to a public or private waste collection entity, including social economy entities, for treatment.
Such operations must be documented.
2. The delivery of household waste for treatment shall be carried out in terms of local ordinances.
3. The producer or other initial holder of non-hazardous commercial waste must certify the correct management of its waste to the local authority or be eligible for the public management system of the waste, where it exists, in the terms that establish the ordinances of the Local Entities.
In the event of non-compliance with non-hazardous commercial waste management obligations by its producer or other holder, the local entity shall assume subsidiary management and may have an obligation to carry out the management, the cost real of the same. This is without prejudice to the responsibilities in which the obligor could have incurred.
4. The producer or other initial holder of waste, in order to facilitate the management of its waste, shall be obliged to:
(a) Provide the authorised companies to carry out the waste management information necessary for their proper treatment and disposal.
b) Provide the Local Entities with information on the waste they are delivered when they have special characteristics, which may cause disruption in transport, collection, recovery or disposal.
(c) Immediately inform the competent environmental administration in the event of the disappearance, loss or escape of hazardous waste or of those who, by their nature or quantity, may damage the environment.
5. The rules of each waste stream may lay down the obligation of the producer or other holder of waste to separate them by type of material, in the terms and conditions which are to be determined, and provided that this obligation is technically, economically and environmentally feasible and appropriate, in order 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 comply with the requirements laid down in the regulatory procedure for hazardous waste.
Dangerous waste producers will be obliged to draw up and submit to the Autonomous Community a minimisation study committing to reduce the production of their waste. Small producers of hazardous waste whose production does not exceed the amount of regulation laid down are exempt from this obligation.
7. The producer of hazardous waste may be required to provide a financial guarantee covering the responsibilities to which its activities may take place, taking into account its characteristics, danger and potential for risk.
Small producers of regulated hazardous waste are exempted from this obligation.
8. The liability of producers or other initial holders of domestic and commercial waste, concludes, when they have delivered them in the terms provided for in the local ordinances and in the rest of the applicable regulations.
The liability of other producers or other initial holders of waste, when they do not carry out the treatment themselves, concludes when they are handed over to a dealer for treatment, or to a company or entity of Authorised treatment provided that the delivery is documented and carried out in compliance with the legally established requirements.
Article 18. Obligations of the producer or other initial holder relating to the 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. Keep waste stored in proper hygiene and safety conditions as long as they are in their possession.
The duration of storage of non-hazardous waste at the place of production shall be less than two years when they are intended for recovery and for one year when they are intended for disposal. In the case of hazardous waste, in both cases, the maximum duration shall be six months; in exceptional cases, the competent authority of the Autonomous Communities where such storage is carried out, for reasons duly justified and provided that the protection of human health and the environment is ensured, that time limit may be amended.
The above deadlines will start to compute since the waste repository is started at the storage site.
2. Do not mix or dilute hazardous waste with other hazardous waste categories or with other waste, substances or materials.
Used oils of different characteristics when technically feasible and economically viable shall not be mixed with each other or with other residues or substances, if such a mixture prevents their treatment.
3. Store, package and label hazardous waste at the place of production prior to collection and transport in accordance with the applicable rules.
Article 19. Hazardous household waste.
Separate fractions of hazardous waste generated in households shall not be subject to the obligations arising from their consideration as hazardous waste until they are accepted by an entity or undertaking. registered for collection or treatment.
From Waste Management
Section 1. Obligations in Waste Management
Article 20. Obligations of the waste managers.
1. Entities or undertakings carrying out a waste treatment activity shall:
(a) Carry out the treatment of the delivered waste as provided for in the authorisation and document it.
b) Properly manage the waste they produce as a result of their activity.
2. Entities or undertakings which collect or carry waste on a professional basis shall:
(a) Collect the waste and transport it in compliance with the requirements of the transport rules, the other applicable rules and the contractual provisions.
(b) To maintain, during collection and transport, hazardous waste packaged and labelled in accordance with existing international and Community standards.
c) Deliver the waste for treatment to authorized entities or companies, and have a documentary accreditation of this delivery.
3. Traders and agents shall comply with the provisions of their communication of activities and with the terms and conditions assumed contractually.
Negotiating persons shall be required to ensure that a complete waste treatment operation is carried out and that it is documented to the producer or other initial holder of the waste.
4. In general, waste managers are obliged to:
(a) Keep the waste stored under the conditions to be approved. The duration of storage of non-hazardous waste shall be less than two years when they are intended for recovery and for one year when they are intended for disposal. In the case of hazardous waste, in both cases, the maximum duration shall be six months; in exceptional cases, the competent authority of the Autonomous Communities where such storage is carried out, for reasons duly justified and provided that the protection of human health and the environment is ensured, this time limit may be amended. During storage, hazardous waste must be packaged and labelled in accordance with existing international and Community standards.
The above deadlines will start to compute since the waste repository is started at the storage site.
(b) a security deposit in the case of hazardous waste, and where the rules governing the management of specific waste or those governing management operations so require. The purpose of such security shall be to respond to the administration of the fulfilment of the obligations arising from the exercise of the activity and the authorisation or communication.
(c) Subscribe to insurance or constitute an equivalent financial guarantee in the case of entities or undertakings carrying out hazardous waste treatment operations and where required by the rules governing the management of specific waste or those governing management operations to cover the liabilities arising from these operations. Such security shall in any event cover:
1. º Compensation due for death, injury or illness of persons.
2. º Compensation due for damage to things.
3. The costs of repair and recovery of the altered environment. This amount shall be determined in accordance with the provisions of the environmental liability legislation.
(d) Do not mix hazardous waste with other hazardous waste categories or with other waste, substances or materials. The mixture includes the dilution of hazardous substances.
The competent authority may allow mixtures only when:
1. The mixing operation is performed by an authorized company;
2. Do not increase the adverse impacts of waste management on human health and the environment, and
3. The operation is done according to the best available techniques.
5. In addition to the obligations laid down in this Article, hazardous waste managers shall comply with the requirements laid down in the regulatory procedure for hazardous waste.
Section 2. Objectives and measures in waste management
Article 21. Collection, preparation for reuse, recycling and recovery of waste.
1. The environmental authorities in their respective areas of competence and in consideration of the principles of prevention and promotion of the reuse and recycling of high quality, will take the necessary measures to establish priority systems to encourage the reuse of products and preparation activities for reuse. They shall promote, inter alia, the establishment of storage sites for waste susceptible to reuse and support for the establishment of networks and reuse centres. In addition, measures to promote products prepared for reuse will be promoted through public procurement and quantitative targets in management plans.
2. In order to promote the prevention and promotion of high quality reuse and recycling, measures to facilitate the establishment of deposit, return and return systems may be adopted in accordance with Article 31.3. for:
a) Industrial packaging,
b) collectives and transport packages,
(c) packaging and waste of glass, plastic and metal containers,
d) other reusable products.
In this case, the technical and economic feasibility of these systems, the set of environmental, social and human health impacts, and respecting the need to ensure the proper functioning of the system, will be taken into account. the internal market, in particular by facilitating the mechanisms of broad participation provided for in the twelfth additional provision, and the bodies and organisations representing all the Member States should be incorporated into the work of the Waste Commission. sectors affected by the possible adoption of these systems. The Government shall forward to the General Courts the necessary technical, environmental and economic feasibility reports prior to the implementation of a deposit, return and return system.
3. Environmental authorities in their respective areas of competence will take measures to promote high quality recycling and, to this end, a separate collection of waste will be established, among other waste oils, where technical, economic and environmentally feasible and appropriate, in order to meet the necessary quality criteria for the relevant recycling sectors.
Before 2015, a separate collection must be established for at least the following materials: paper, metals, plastic and glass.
Separate collection systems already in place may be adapted to the separate collection of the materials referred to in the preceding paragraph. More than one material may be collected in the same fraction provided that adequate subsequent separation is ensured if this does not result in a loss of the quality of the materials obtained or a cost increase.
4. The Local Entities shall provide spaces, establish instruments or measures for the separate collection of domestic and, where appropriate, commercial waste to which a differentiated management is necessary, in order to facilitate their recycling or to prepare waste for reuse.
5. The environmental authorities in their respective areas of competence shall take the necessary measures to ensure that the waste is subject to recovery operations. Where necessary to facilitate or improve recovery, waste shall be collected separately and shall not be mixed with other waste or other materials with different properties.
6. The environmental authorities in their respective Plans and Programs will promote efficient collection methods according to the characteristics and possibilities of each territory or population, to facilitate the fulfillment of the objectives of preparation for reuse, recycling and valuation.
Article 22. Specific objectives for preparation for reuse, recycling and recovery.
1. In order to meet the objectives of this Law and to move towards a recycling society with a high level of resource efficiency, the Government and the competent authorities should take the necessary measures through the plans and waste management programmes to ensure that the following objectives are achieved and, where appropriate, those set out:
a) Before 2020, the amount of domestic and commercial waste destined for the preparation for reuse and recycling for fractions of paper, metals, glass, plastic, bio-waste or other recyclable fractions shall be as a whole at least 50% by weight.
(b) Before 2020, the amount of non-hazardous waste construction and demolition waste intended for the preparation for reuse, recycling and other recovery of materials, excluding materials in a natural state defined in category 17 05 04 of the list of waste, must reach at least 70% by weight of the products produced.
2. Every three years, the Autonomous Communities shall forward to the Ministry of the Environment, and the Rural and Marine Environment the information necessary for the verification of compliance with the objectives set out in this Article.
Article 23. Disposal of waste.
1. The environmental authorities in their respective areas of competence shall ensure that, where recovery is not carried out in accordance with Article 21 (5), the waste is subject to safe disposal operations by taking the necessary measures. to ensure the protection of human health and the environment. The waste must undergo treatment prior to disposal unless the treatment of the waste 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 security or other financial guarantee.
The requirement for these guarantees shall apply without prejudice to those other guarantees which may be required of the persons responsible for the management of waste.
Article 24. Bio-waste.
The environmental authorities shall promote, without prejudice to measures arising from actions which are undertaken at Community level in compliance with the last paragraph of Article 22 of Directive 2008 /98/EC, measures which may include in the waste management plans and programmes provided for in Article 14, in order to promote:
(a) The separate collection of bio-waste to be used for composting or anaerobic digestion in particular of plant fraction, bio-waste from large generators and bio-waste generated in households.
b) Domestic and community composting.
(c) The treatment of bio-waste collected separately in such a way as to achieve a high degree of environmental protection carried out in specific installations without the mixing of mixed waste in the long term. of the process. Where appropriate, the authorisation of such facilities shall include the technical requirements for the correct treatment of bio-waste and the quality of the materials obtained.
d) The use of compost produced from bio-waste and environmentally safe in the agricultural sector, gardening or regeneration of degraded areas, replacing other organic amendments and mineral fertilizers.
Section 4 Waste Transfer
Article 25. Arrangements for shipments of waste within the territory of the State.
1. The transfer of waste within the territory of the State, for the purposes of this Law, means the transport of waste from one Autonomous Community to another, for recovery or disposal.
The shipments of waste within the State will be governed by the provisions of this Law, in particular as regards surveillance, inspection, control and sanctioning 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 shall be accompanied by an identification document for the purposes of monitoring and control.
3. Operators who are to carry out a shipment of waste for disposal for disposal operations shall submit a prior notification to the competent authorities of the Autonomous Community of origin and of the destination.
They must also submit a prior notification to the same authorities of the operators who will carry out a shipment for the recovery of mixed domestic waste, hazardous waste and waste for which Regulation is determined.
For the purposes of this Law, operator shall be defined as the notifier in accordance with Article 2.15 of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on the transfer of wastes.
4. Where a notification is made prior to a shipment of waste destined for disposal, the competent bodies of the Autonomous Communities of origin and of destination, within 10 days of the date of acknowledgement of receipt thereof, may to oppose the grounds referred to in Article 11 (b), (g), (h), (i) of that Community Regulation.
5. Where a notification is made prior to a shipment of waste destined for recovery the competent bodies of the Autonomous Communities of origin and of destination, within 10 days of the date of acknowledgement of receipt thereof, may to oppose the grounds referred to in Article 12 (a), (b) and (k) of that Community Regulation.
They may also object to the entry of waste destined for incinerators which are classified as valorisation when any of the following conditions are met:
(a) that the shipments would have the result that the waste produced in the Autonomous Community of destination would have to be disposed of.
(b) that the shipments would have the effect that the waste from the Autonomous Community of destination would have to be treated in a way that would not be compatible with its waste management plans.
6. Paragraphs 4 and 5 shall not apply to waste subject to the general information requirements referred to in Article 3 (2) and (4) of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006.
7. Waste that is transferred from one Autonomous Community to another for treatment shall be computed in the Autonomous Community of origin for the purposes of meeting the objectives contained in its autonomous plan for the management of waste.
8. Decisions to be taken by the Autonomous Communities pursuant to paragraphs 4 and 5 shall be reasoned, notified to the Commission on the coordination of waste, and shall not be contrary to the National Framework Plan for Waste Management.
Article 26. Entry and exit of waste from the national territory.
1. The entry and exit of waste from the national territory, as well as the transit through it, shall be governed by the provisions of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June of 14 June 2007 on the Commission of 29 November 2007 concerning the export, for the purpose of recovery, of certain wastes listed in Annexes III or IIIA to Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2007 (a) countries which are not covered by the OECD Decision on the control of cross-border movements of waste, other Community legislation and international treaties in which Spain is a party.
2. The Ministry of the Environment and the Rural and Marine Environment may prohibit, in a reasoned manner, the issue of waste to third countries outside the Community where there is reason to provide that they are not to be managed in the country of destination. without endangering human health or without harming the environment.
The Ministry of the Environment and the Rural and Marine Environment will be able to prohibit, in a reasoned manner, any imports of waste from third countries where there is some reason to provide that the waste will not be managed without to endanger human health or without prejudice to the environment, during transport or its subsequent treatment.
3. In addition, the Ministry of the Environment, and the Rural and Marine Environment, in transfers from third countries, and the Autonomous Communities, in the case of transfers within the European Union, may limit incoming transfers of waste destined for incinerators which are classified as valorisation, where it has been established that such shipments would have the effect that national waste would have to be disposed of or that such waste would have to be treated in a way that would not be compatible with the waste management plans regulated in the Article 14.
Decisions to be taken by the Autonomous Communities should be notified to the Ministry of the Environment, and the Rural and Marine Environment, who will notify the European Commission.
4. In order to give priority to the regeneration of used industrial oils, the competent authorities may restrict the departure of the national territory of waste oils to be used for incineration or co-incineration plants in accordance with the objections provided for in Articles 11 or 12 of Regulation (EC) No 1013/2006.
5. For shipments of waste which, in accordance with Article 18 of Regulation (EC) No 1013/2006, are to be accompanied by the document set out in Annex VII to that Regulation, the person who arranges the shipment must supply to the inspection, execution, statistical and planning effects, said document:
(a) in the case of shipments of waste to or from third countries outside the European Union, the customs authorities and the Ministry of the Environment, and the Rural and Marine Environment.
(b) in the case of shipments of waste to or from countries of the European Union, to the competent authority on shipments of waste in the Autonomous Community of origin or destination of the shipment, who shall in turn provide it to the Ministry of the Environment, and Rural and Marine Environment.
In cases where Community and national legislation so requires, this information shall be treated as confidential information.
Authorization and communication arrangements for waste production and management activities
Article 27. Authorisation of the waste treatment operations.
1. The system of approval by the competent environmental authority of the Autonomous Community where they are located shall be subject to the facilities where waste treatment operations are to be carried out, including storage in the field of waste. the collection pending treatment, as well as the extension, substantial modification or transfer of such an installation.
2. The natural or legal persons shall also be authorised to carry out one or more waste treatment operations. These authorisations shall be granted by the competent environmental authority of the Autonomous Community where the applicants are registered and shall be valid for the entire Spanish territory. The Autonomous Communities may not make the granting of the authorisation provided for in this paragraph conditional on the applicant having facilities for the treatment of waste on its territory.
3. In cases where the natural or legal person applying for authorisation to carry out one or more waste treatment operations is the holder of the treatment facility where those operations are to be carried out, the body The competent environmental authority of the Autonomous Community where the installation is located shall grant a single authorisation comprising that of the installation and of the processing operations.
4. The applications for authorisation provided for in this Article shall contain at least the information set out in Annex VI.
The authorisations provided for in this Article shall have the content described in Annex VII.
5. For the granting of such authorisations, the competent administrative bodies shall, by themselves or with the support of the collaborating entities duly recognised in accordance with the rules applicable to them, carry out the prior inspections and the necessary checks in each case. In particular, they will check:
(a) The adequacy of the facilities to the processing operations provided for them.
b) Compliance with technical, professional or other requirements to carry out such activity by the company that will perform the waste treatment operations.
c) That the intended treatment method is acceptable from the point of view of environmental protection. In particular, where the method does not comply with the principles of protection of human health and the environment provided for in Article 7, the authorisation shall be refused.
d) That incineration or co-incineration operations with energy recovery be carried out with a high level of energy efficiency; in the case of domestic waste, the energy efficiency level should be comply with the levels set out in Annex II to this Act.
6. The authorisations contained in this Article may be integrated into the authorisations obtained under other Community, state or regional legislation, provided that the requirements laid down in this Law are met.
7. The authorisation provided for in paragraph 1 of this Article for waste treatment facilities shall be integrated into the integrated environmental authorisation granted under Law 16/2002 of 1 July of integrated prevention and control. of the pollution, and shall include the requirements set out in this Article as provided for in Article 22.1.g of Law 16/2002 of 1 July. The competent authority shall incorporate the relevant information in its production and waste management record in the terms of Article 39.
8. The authorisations provided for in this Article shall be granted for a maximum period of eight years, after which they shall be automatically renewed for successive periods and shall be entered by the Autonomous Community in the production and management register of the wastes.
9. The transmission of the authorisations shall be subject to the prior verification by the competent authority that the waste treatment operations and the facilities in which they are carried out comply with the provisions of this Law and their development standards.
10. The maximum period for issuing the decision terminating the authorisation procedures provided for in this Article shall be ten months. The time limit provided for without the express resolution shall be deemed to be rejected.
Article 28. Exemptions from the authorization requirements.
1. Entities or undertakings which carry out the disposal of their own non-hazardous waste at the place of production or value non-hazardous waste may be exempted from authorisation.
2. In order to grant the authorisation exemptions provided for in the previous paragraph, general rules specifying the types and quantities of waste to which such an exemption may be applied shall be laid down for each type of activity. the methods of treatment to be used.
These rules will ensure that the treatment of the waste will be carried out without endangering the health of the people and without harming the environment. In the case of disposal operations referred to in paragraph 1, those rules shall take into account the best available techniques.
3. The rules laid down in the previous paragraph shall be adopted by order of the Minister for the Environment, and the Rural and Marine Environment, after the proposal by the Commission for the coordination of waste is analysed, and the Commission shall be informed thereof. European.
Article 29. Prior communication at the start of production and waste management activities.
1. Without prejudice to other rules of a sectorial nature, they shall submit a prior communication at the beginning of their activities to the competent environmental authority of the Autonomous Community where they are located, the entities or undertakings which are in any of the assumptions listed below:
(a) installation, extension, substantial modification or transfer of industries or activities producing hazardous waste, or generating more than 1000 tonnes of non-hazardous waste;
(b) carrying out activities that are exempt from authorisation as set out in Article 28.
2. They shall also submit a prior communication at the beginning of their activities to the competent authority of the Autonomous Community where they have their registered office, the entities or undertakings collecting waste without an associated facility, transport of waste on a professional basis and in the case of traders or agents.
3. The communication shall have the content indicated in Annex VIII, shall be valid throughout the national territory and shall be entered by the Autonomous Community in respect of which it has been registered. This information shall be incorporated in the production and waste management register provided for in Article 39.
4. Those undertakings which have been authorised for the treatment of waste and which are the result of their activity shall be exempt from communication. However, they shall be considered as waste producers for the other purposes covered by this Act.
Article 30. Restoration of environmental legality.
1. In order to ensure compliance with this law, the competent authority may take any of the following measures:
(a) The closure of the establishment or the cessation of the activity where they do not have the corresponding authorisations, declarations or registration.
(b) The temporary suspension of the activity where it does not comply with the conditions laid down by that authority, provided that a serious risk to the environment or public health is derived, during the course of the period required for any defects that may exist to be remedied.
2. The acts provided for in the preceding paragraph shall not be considered as a sanction and shall be issued and processed in accordance with the provisions of the autonomous rules for the procedures for the restoration of environmental lawfulness, or, where appropriate, for the procedures governing the granting of the authorisation, declaration or registration to be granted.
Product Producer Extended Responsibility
Article 31. Concept and obligations.
1. For the purposes of this Article, the product shall mean a natural or legal person who, in a professional manner, develops, manufactures, processes, processes, sells or imports products as determined by the rules for the development of the product extended producer responsibility as provided for in paragraph 2.
2. In application of the extended responsibility and in order to promote prevention and to improve the reuse, recycling and recovery of waste, the producers of products that with the use become waste may be required to:
(a) Design products so that throughout their life cycle their environmental impact and the generation of waste, both in their manufacture and in their subsequent use, are reduced and in such a way as to ensure that recovery and the disposal of products that have become waste is developed in accordance with the provisions of this Law.
b) Develop, produce, label and market products suitable for multiple uses, which are technically durable and which, having become waste, are easy and clear to be separated and can be prepared for reuse or recycling in a way that is appropriate and without risk and for environmentally friendly recovery and disposal.
c) Accept the return of reusable products, the delivery of the waste generated after the use of the product; to assume the subsequent management of the waste and the financial responsibility of these activities, to offer information to facilities for the preparation for reuse on repair and scrapping, as well as information accessible to the public on the extent to which the product is reusable and recyclable.
d) Establish deposit systems to ensure the return of the deposited quantities and return of the product for reuse or waste for treatment.
e) To be responsible in whole or in part for the organization of waste management, and it can be established that the distributors of this product share this responsibility.
f) Use materials from waste in the manufacture of products.
g) To provide information on the placing on the market of products that are converted into waste and on the management of waste, as well as economic analysis or audits.
(h) Report on the economic impact on the product of compliance with obligations arising from extended liability.
3. The establishment of these measures will be carried out by means of a royal decree approved by the Council of Ministers, taking into account their technical and economic feasibility, the set of environmental impacts and on 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 implementation of a system of deposit, return and return, as well as for the determination of its contents and scope, it will also be valued with character prior to the compliance with the minimum reuse and recycling targets set by the European directives for packaging in general, and compliance with other European Union standards, as well as the viable expectations of overcoming them, and will be takes into account the real circumstances and possibilities of small and medium-sized enterprises; medium-sized enterprises.
4. The requirement for the registration of the producers of products in the Integrated Industrial Register may be imposed in the specific regulation of each waste stream.
5. The extended responsibility of the producer shall be without prejudice to the responsibility for waste management laid down in Article 20 of this Law and the legislation in force on waste and specific product flows.
Article 32. Waste management in the framework of the extended responsibility of the producer of the product.
1. Obligations to be established in the framework of the extended liability of the producer of the product individually or collectively shall be fulfilled. Where public management systems have been implemented, producers may comply with these obligations by contributing financially to these systems, in proportion to the quantities of products placed on the market and taking into account the effective costs of its management.
2. Producers who opt for an individual system shall submit a prior communication at the beginning of the activities, indicating their operation and the measures they shall apply for the fulfilment of the obligations arising from liability. extended. This communication shall be submitted to the competent authority of the Autonomous Community where it radiolabelled its registered office and entered the Register of production and waste management. The content of the communication shall be as set out in Annex IX.
3. Producers who opt for a collective system for the fulfilment of the obligations arising from the extended liability will constitute an association of those provided for in the Organic Law 1/2002 of 22 March 2002 on the law of Association, or other entity with a non-profit legal personality. The admission of a new producer will be established on the basis of objective criteria. The voting rights of each participant shall be determined by means of tranches or intervals depending on the quantity of products placed on the market in relation to which the unit sets the unit.
Collective systems must request prior authorization at the start of their activity. The minimum content of the application shall be as set out in Annex X and shall be submitted to the competent authority of the Autonomous Community where the system is intended to establish its registered office.
Once the completeness of the dossier has been verified, the application for authorisation shall be forwarded to the Commission for the Coordination of Waste for its report with a view to the resolution of the Autonomous Community. The autonomous community shall grant, where appropriate, the authorization setting out the conditions for the financial year. The authorisation shall be entered in the Register of production and waste management. The conditions of exercise and the authorisation shall comply with the principles laid down in Article 9 of Law 17/2009 of 23 November on the free access to and pursuit of the activities of services. The maximum period for the processing of the authorisation shall be six months, in a reasoned manner, for reasons resulting from the complexity of the file; such extension may be made at one time for a limited period of time and before the the original deadline expired. After the deadline without having been notified, the application submitted shall be deemed to be rejected.
In order to act in other Autonomous Communities, the collective system must request authorization from the other competent regional bodies and provide the documentation that establishes an authorization. If these bodies do not speak in the opposite direction within a period of two months, it shall be understood that the collective system fulfils the conditions for the exercise of its activity in the autonomous community concerned and may initiate such activity; if they consider it necessary to establish a specific requirement, they shall notify the data subject and continue processing the application for the authorisation. Any of these circumstances shall be entered in the Waste Production and Management Register.
The content and validity of the authorization will be the one that sets the specific regulation. Where the period of validity is not indicated, the authorisation shall be five years and shall be renewed in accordance with this paragraph. The authorisation may not be transmitted to third parties.
During the validity of the authorisations, the Commission on the coordination of waste may carry out the monitoring of compliance with the authorisations and the conditions of exercise.
4. The extended collective responsibility system may fulfil its obligations by itself or may constitute or contract an administrative entity which must have its own legal personality and be differentiated from that of the collective system and which will act under the direction of this.
In the fulfilment of the obligations arising from the extended liability of the producer, the collective system and, where appropriate, the managing body shall respect the principles of advertising, competition and equality for the purpose of to ensure free competition, as well as the principles of the protection of human health, consumers, the environment and the hierarchy of waste.
5. Individual and collective systems will be required to:
a) Comply with what is established in your specific rules, as well as the other rules that apply to you as a general rule.
b) Organize the collection throughout the state territory of all the waste generated by the products that have placed on the market. To this end, they may benefit from an entity or public collection undertaking and may conclude agreements with other systems of extended responsibility to coordinate the organisation of management.
(c) To provide the Autonomous Communities with the annual information that is regulated in relation to the waste managed, the relationship of the entities or companies, or, in their case, the local entities, which they carry out the management of the waste, as well as a report of the payments made to those entities or undertakings in relation to these activities.
d) Subscribe to financial guarantees, insurance or financial guarantees, which will be established in each case in the actual decrees regulating the extended producer responsibility for each waste stream.
e) To conclude agreements with administrations when they are involved in the organization of waste management.
f) Celebrate agreements or contracts with waste managers, or in their case with other economic agents.
(g) Where an amount is passed on the price of the products intended to cover the fulfilment of the obligations arising from the extended liability of the producer, that quantity may not exceed the cost of the these obligations.
(h) The contributions of producers to the collective system, when established, shall in any event cover the obligations arising from the extended liability of the producer.
(i) Collective systems shall communicate in advance to all members of the system and to the Commission on waste coordination the forecast for the modification of the costs of waste management.
(j) The collective systems shall submit annually to the Commission for the Coordination of Waste their externally audited and approved annual accounts; they shall reflect the contributions of the producers to the the collective system and the justification for its use in fulfilling the obligations arising from the extended liability of the producer; they shall also submit their budget for the following year. The Commission may request additional information as it deems necessary.
k) Safeguard the confidentiality of information that system members have contributed to the operation of the collective system and that may be relevant to their productive or commercial activity.
6. Distributors of products and other economic operators shall comply with the obligations laid down in the rules for each waste stream derived from their products.
Article 33. Potentially polluting activities.
1. The Government will approve and publish a list of potentially polluting soil activities.
2. The holders of such activities shall regularly send to the Autonomous Community the reports in which the information which may serve as a basis for the declaration of contaminated soils is included.
The owners of the farms in which some of the potentially polluting activities have been carried out will be obliged, on the occasion of their transmission, to declare it in public deed. This fact will be the object of a marginal note in the Land Registry.
Article 34. Declaration of contaminated soils.
1. The Autonomous Communities will declare and delimit contaminated soils, due to the presence of dangerous components from human activities, assessing the risks to human health or the environment, according to the criteria and standards which, laid down according to the nature of the soils and their uses, are determined by the Government after consulting the Autonomous Communities.
2. The contaminated soil declaration shall include at least the information contained in paragraph 1 of Annex XI.
3. The declaration of a soil as contaminated will require the necessary actions to be carried out in order to clean up and recover, in the form and time limits to be determined by the respective Autonomous Communities and will be the subject of a marginal note in the Registration of the Property, at the initiative of the respective Autonomous Community in terms that the Government determines. This marginal note will be cancelled when the corresponding Autonomous Community declares that the ground has ceased to be such a consideration.
4. The declaration of a soil as contaminated can lead to the suspension of the enforceability of the rights of construction and other land use in the event of being incompatible with the measures of cleaning and recovery of the land that they are established, until the soil is carried out or declared as uncontaminated.
Article 35. Inventories of contaminated soils.
1. The Autonomous Communities shall draw up an inventory of the soil declared as contaminated. These inventories shall contain, at least, the information set out in Annex XI and shall be forwarded to the Ministry of the Environment, and the Rural and Marine Environment within one year from the date of entry into force of this Law, each year the updated information.
2. The Ministry of the Environment, and the Rural and Marine Environment will draw up the state inventory of contaminated soils based on information submitted by the Autonomous Communities.
3. The Autonomous Communities shall draw up a list of priorities for action in the field of soil decontamination, depending on the risk of contamination for human health and the environment.
4. The Autonomous Communities shall declare that a soil has ceased to be contaminated following the verification that the decontamination and recovery operations of the soil have been carried out in an appropriate manner and shall include this declaration in the inventory.
Article 36. Subjects responsible for the decontamination and recovery of contaminated soils.
1. They shall be obliged to carry out the decontamination and recovery operations provided for in the previous Article, subject to the requirement of the Autonomous Communities, the cause of the contamination, which shall be several of these. obligations in solidarity and, in the alternative, by this order, the owners of the contaminated soils and the owners of the contaminated soils.
In the case of public domain goods under concession, they shall be liable in the absence of the cause or cause of the contamination, in this order, the owner and the owner.
The obligations provided for in this paragraph are without prejudice to Articles 54 and 55.
2. Subsidiary officials may pass on the cost of the actions they have taken in the recovery of a contaminated soil, to the cause or cause of the contamination.
The recovery of decontamination costs may not be required above the levels of pollution associated with the use of the soil at the time of the contamination caused by the causative.
3. They shall be jointly and severally liable for the pecuniary obligations arising out of this Law, the subjects referred to in Article 13 of Law 26/2007 of 24 October, of Environmental Liability, in the terms that Article sets.
4. If the decontamination and recovery operations of contaminated soils are to be carried out with public funding, only aid may be received after a commitment that the possible capital gains to be acquired by the land will revert to the amount supported by the public administration which financed the above aid.
Article 37. Conventional repair of contaminated soils.
Actions to clean up and recover soils declared as contaminated may be carried out by means of agreements concluded between those required to carry out such operations and authorized by the Autonomous Communities, by means of collaboration agreements between those and the competent public authorities, or, where appropriate, by means of the contracts provided for in Law 30/2007 of 30 October of public sector contracts. In any event, the costs of cleaning and recovery of contaminated soils shall be borne by the obligation in each case to carry out such operations.
Collaboration agreements can provide economic incentives that can help finance the costs of cleaning and recovering contaminated soils.
The establishment of economic incentives to assist in the financing of clean-up and recovery costs should be carried out in accordance with Article 36 (4). The collaboration agreements to be concluded with the administration, in particular when the administration is responsible for soil contamination, will include clear criteria for these incentives.
Article 38. Voluntary soil recovery.
Decontamination of soil for any intended use of soil may be carried out without the prior declaration of soil as contaminated by a voluntary recovery project approved by the competent authority of the soil. Autonomous Community. Following the implementation of the project, it will be demonstrated that the decontamination has been carried out in the terms foreseen in the project. The competent administration shall keep an administrative record of the decontaminations that occur on a voluntary basis.
Article 39. Production and waste management registration.
1. The communications and authorizations deriving from this Law and its implementing rules will be entered by the Autonomous Communities in their respective registers. This information will be incorporated in the Production and Waste Management Register which will be shared and unique throughout the national territory. For the purposes of this Law, companies whose communication or authorization is registered in the Register shall be considered as registered entities or companies.
The production and waste management register shall be developed in a regulation after consultation with the Autonomous Communities and shall be published in the terms to be established.
2. Where possible, the information recorded by a competent authority shall be used by another public administration in its registers in order to reduce administrative burdens.
Article 40. Log file.
The registered natural or legal persons shall have a physical or telematic file where the quantity, nature, origin, destination and method of treatment of the waste are collected in chronological order; also register, the means of transport and the frequency of collection.
In the chronological file the information contained in the documentary accreditation of the production and waste management operations will be incorporated.
The archived information will be saved for at least three years.
Article 41. Reporting obligations.
1. Natural or legal persons who have obtained an authorisation shall send each year to the Autonomous Communities and in the case of municipal waste of competition in addition to the competent Local Entities a summary of the information contained in the chronological file containing the content set out in Annex XII. Those who have made a communication of those provided for in this Law shall keep the chronological file at the disposal of the competent authorities for inspection and control purposes.
The Autonomous Communities, with the collaboration of the Local Entities, will keep up-to-date information on the management of the waste in its area of competence. Such information should include the available infrastructure and, in each of them, the quantification and characterisation of the incoming and outgoing waste, the specific destinations for recovery or disposal of the outgoing waste.
2. The Autonomous Communities shall exchange with each other and transmit to the Ministry of the Environment, and the Rural and Marine Environment the information necessary to comply with the obligations laid down in national, Community and international legislation. They shall also report on the waste management plans and the waste prevention programmes referred to in Articles 14 and 15 after they have been adopted, as well as any substantial revision thereof. The Ministry of the Environment, and the Rural and Marine Environment will inform the European Commission of national waste prevention programmes and national waste management plans once adopted, and of any substantial revision of the national waste management plans. plans and programs.
3. In the case of contaminated soils, the Autonomous Communities shall transmit the data necessary to comply with the obligations laid down by the Government. They shall also inform the Ministry of the Environment, and the Rural and Marine Environment, of the data necessary to comply with the national, Community and international reporting obligations for soil contamination. That information shall contain at least the data set out in Annex XI, paragraph 2.
4. Every three years the Ministry of the Environment, and the Rural and Marine Environment will forward to the European Commission information on the implementation of Directive 2008 /98/EC of 19 November 2008 in the form of a sectoral report in electronic version. This report will also contain information on the management of waste oils and on the progress made in the implementation of waste prevention programmes, and, as appropriate, information on measures, as provided for in Title IV on extended product producer responsibility.
5. The Ministry of the Environment, and the Rural and Marine Environment will forward to the European Commission all the information that comes under this Law and the Waste Framework Directive.
Responsibility, surveillance, inspection, control and sanctioning regime
Responsibility, surveillance, inspection and control
Article 42. Scope of responsibility for waste.
Waste will always have a responsibility for the fulfilment of the obligations arising from its production and management, the quality of which corresponds to the producer or other initial holder or the waste manager, in the terms provided for. in this Law and in its implementing rules. Such subjects may exercise repeated actions where the costs incurred by other natural or legal persons have been incurred by legal or contractual non-compliances.
Article 43. Powers and means of surveillance, inspection and control.
1. The functions of surveillance, inspection and control of the correct compliance with the provisions of this Law and its implementing rules shall be exercised by the administrative authorities in their respective field of competence in the field of waste and citizen security. Inspection duties shall be carried out by means of duly recognised inspection bodies in accordance with the rules applicable to them.
2. The competent authorities shall provide the human and material resources sufficient to comply with the surveillance, inspection and control obligations arising from the system of authorisations, communications and inspections provided for in this Regulation. rule.
3. The functions of surveillance, inspection and control may be carried out with the support of duly recognised collaborating entities in accordance with the rules applicable to them.
Article 44. Inspection.
1. Entities and undertakings carrying out waste treatment operations, which collect or transport waste on a professional basis, agents and traders and establishments and undertakings producing waste, shall be subject to the following conditions: periodic inspections to be deemed appropriate by the competent authorities.
The systems of application of the extended liability of the producer of the product shall be subject to the appropriate periodic inspections carried out by the competent authorities in the territory in which they have been established. developed its activity.
The competent body may at any time verify that the requirements for the maintenance of the authorizations granted are met and to continue the planned activity in the communications as provided for in this Law; If this is not the case, the authorisation or the provisional cessation of the activity provided for in the communication may be suspended and the measures to be adopted or, where appropriate, the authorisation or the definitive cessation of the authorisation may be withdrawn. activity.
The cost of inspections prior to the granting of authorisations may be charged to the applicants, in accordance with the relevant fee.
2. The holders of the entities and undertakings referred to in paragraph 1 shall be required to provide all cooperation to the competent authorities, including the making available of the chronological file referred to in Article 40, duly to enable them to carry out the examinations, checks, sampling, collection of information, verification of the documentation and any other operation for the performance of their mission.
3. Inspections of the collection and transport operations shall cover the origin, nature, quantity and destination of the waste collected and transported.
4. The competent authorities may take into account the records carried out under the Community environmental management and audit scheme (EMAS) or other equivalents, in particular as regards the frequency and intensity of the inspections.
Article 45. Subjects responsible for the infringements.
1. They may be punished for the facts of the administrative offences referred to in this Chapter by the natural or legal persons who commit them, in accordance with the provisions of this Law and without prejudice, where appropriate, to the corresponding civil, criminal and environmental responsibilities.
2. Where compliance with the provisions of this Law corresponds to a number of persons together, they shall respond in solidarity with the financial penalties in accordance with the provisions of Article 130.3 of Law No 30/1992 of 26 November 1992. Legal status of public administrations and the common administrative procedure.
3. The liability shall, in any case, be in solidarity in the following cases:
(a) Where the producer, the initial holder or the waste manager delivers them to a natural or legal person other than those identified in this Law.
b) Where several are responsible and it is not possible to determine the degree of participation of each person in the performance of the infringement.
4. Where damage to the environment is caused by the accumulation of activities due to different persons, the competent administration may individually impute this responsibility and its economic effects.
Article 46. Violations.
1. The actions or omissions that contravene this Law shall have the character of administrative violations, without prejudice to those that may be established by the Autonomous Communities as they develop. These violations are classified as very serious, severe and mild.
2. In any case, for the purposes of this Law, serious infringements will be considered:
(a) The exercise of an activity described in this Law without the required communication or authorization, or with it expired or suspended, as well as the failure to comply with the obligations imposed on the authorizations or the information incorporated in the communication, provided that there has been serious danger or damage to the health of the persons, serious damage or damage to the environment has occurred or where the activity takes place in protected areas.
(b) Acting contrary to the provisions of this Law and its implementing rules, provided that there has been serious danger or harm to the health of the persons, serious damage or damage to the environment has occurred. environment or when the activity takes place in protected spaces.
c) Incontrolled abandonment, dumping, or disposal of hazardous waste.
(d) the abandonment, dumping or uncontrolled disposal of any other waste, provided that the health of the persons has been seriously endangered or serious damage to the environment has occurred.
e) Failure to comply with the obligations arising from the provisional measures provided for in Article 53.
f) The concealment or intentional alteration of data provided to the administrative files for obtaining authorizations, permits or licenses, or data contained in the communications related to the exercise of activities regulated in this Law.
g) The production, importation or intra-Community acquisition of products with substances or preparations prohibited by the danger of the waste they generate.
h) failure to perform cleaning and recovery operations when a soil has been declared as contaminated, following the corresponding requirement of the Autonomous Community or the non-compliance, if any, of the obligations arising from voluntary agreements or collaboration agreements for the conventional repair of contaminated soils.
(i) the mixing of the different categories of hazardous waste to each other or to those with which they do not have such a consideration, provided that the health of the persons has been put in serious danger as a result of this; Severe damage or deterioration to the environment.
(j) The entry into the national territory of hazardous waste from another Member State of the European Union or a third country, as well as the removal of hazardous waste to those places, without obtaining the permits and authorisations required by Community legislation or international treaties or conventions to which Spain is a party, or without complying with the obligation laid down in Article 26.5 of this Law.
k) The delivery, sale or disposal of hazardous waste to natural or legal persons other than those mentioned in this Law, as well as the acceptance thereof under conditions other than those appearing in the corresponding authorisations and communications, or the rules set out in this Act.
l) the production, placing on the market or use of products or packaging in the area of the extended liability of the producer of the product, in breach of the obligations arising from this Law and its rules of development and the conditions laid down in the authorisation, where public health and hygiene, the protection of the environment or the safety of consumers are seriously disturbed as a result.
3. For the purposes of this Act serious infringements shall be considered:
(a) The exercise of an activity described in this Law without the required communication or authorization, or with it expired or suspended, as well as the failure to comply with the obligations imposed on the authorizations or the information incorporated in the communication, without any serious danger or damage to the health of the persons or serious damage or deterioration to the environment.
(b) Action contrary to the provisions of this Law and its implementing rules, without any serious danger or damage to the health of the persons or serious damage or deterioration to the environment. environment.
(c) Abandonment, dumping or uncontrolled disposal of any non-hazardous waste without serious danger to the health of persons or serious damage or deterioration to the environment.
(d) Failure to comply with the obligation to provide documentation, the concealment or distortion of data required by the applicable rules or by the stipulations contained in the authorization, as well as the non-compliance with the the custody and maintenance obligation of such documentation.
e) The lack of constitution of sureties or guarantees, or of their renewal, when they are mandatory.
(f) Failure to comply with obligations arising from agreements and agreements to be established in respect of the extended liability of the producer of the product in relation to the production and management of waste and in the field of waste contaminated soils.
g) The entry into the national territory of waste from another Member State of the European Union or a third country, as well as the disposal of waste to those places, without obtaining permits and authorisations required by Community legislation or international treaties or conventions to which Spain is a party, or without complying with the obligation laid down in Article 26.5 of this Law.
(h) In the case of intra-Community movement and imports of waste from third countries, failure to comply with the obligation to issue the certificate of recovery or intermediate or final disposal of waste in the the maximum period and in 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) Obstruction of the activity of surveillance, inspection and control of public administrations, as well as non-compliance with the obligations of collaboration provided for in Article 44.2.
j) Lack of labelling, incorrect or partial labelling of packaging containing hazardous waste.
(k) the mixing of the different categories of hazardous waste with each other or of those with which they are not considered, provided that the health of the persons has not been put in serious danger as a result of this; Severe damage or deterioration to the environment.
l) The delivery, sale or disposal of non-hazardous waste to natural or legal persons other than those mentioned in this Law, as well as the acceptance thereof under conditions other than those appearing in the corresponding ones authorisations or the rules set out in this Act.
m) the production, placing on the market or use of products or packaging in the area of the extended liability of the producer of the product in breach of the obligations arising out of this Law and its rules of development and the conditions laid down in the authorisation, provided that public health and hygiene, environmental protection or consumer safety are not seriously disturbed.
n) The non-production of waste minimisation studies or the prevention business plans provided for in the waste standards, as well as the non-compliance with the requirements of the Autonomous Communities to ensure that are modified or completed prior to their approval.
o) The commission of any of the offences referred to in paragraph 2 of very serious infringements where, because of their limited amount or entity, they do not merit this rating.
4. For the purposes of this Act, minor infractions shall be considered:
(a) The delay in the provision of the documentation to be provided to the administration in accordance with the provisions of the applicable regulations, in the stipulations contained in the authorisations or which, where appropriate, is required; accompany the communication.
(b) The commission of any of the offences referred to in the preceding paragraphs where, due to their limited amount or entity, they do not merit the rating of very serious or serious.
c) Any violation of the provisions of this Law and its implementing rules, in the stipulations contained in the authorizations or in the content of the communication, when it is not classified as very serious or serious.
Article 47. Penalties.
1. The offences referred to in Article 46 shall give rise to the imposition of all or some of the following penalties:
a) In the case of very serious violations:
1. º Multa from 45,001 euros to 1,750,000 euros, except for hazardous waste, in which case the fine may be from 300,001 euros to 1,750,000 euros.
2. Deablement for the exercise of any of the activities provided for in this Act for a period of not less than one year and not more than ten years.
3. In the cases of offences referred to in points (a), (b), (e), (f), (i) and (k) of Article 46.2, temporary or permanent closure, in whole or in part, of installations or apparatus, for a maximum period of 5 years, in these cases the rights of the workers in accordance with the provisions of the labour law.
4. º In the cases of offences defined in points (a), (b), (e), (f), (g), (i) and (k) of Article 46.2, revocation of the authorisation or suspension of the authorisation for a period of not less than one year and no more than 10.
b) In the case of serious violations:
1. Mull from 901 euros to 45,000 euros except for hazardous waste, in which case the fine will be from 9,001 euros to 300,000 euros.
2. Inablement for the exercise of any of the activities provided for in this Act for a period of less than one year.
3. In the cases of offences referred to in points (a), (b), (e), (g), (i), (j), (k) and (l) of Article 46.3, revocation of the authorisation or suspension of the authorisation for up to one year.
c) The minor infringements shall be punishable by a fine of up to EUR 900. If it is hazardous waste this will be up to 9,000 euros.
2. In the case of the infringements referred to in paragraphs 46.2.l and 46.3.m), the body exercising the power of sanction may also agree, as an ancillary sanction, on the confiscation of the goods, in which case it shall determine its final destination.
Article 48. Graduation of sanctions.
Public administrations should be in a position to ensure that the sanction and the fact that the infringement is established are appropriate, and their impact is particularly important, as regards the health and safety of the public. the persons and the environment or property protected by this Law, the circumstances of the person responsible, his degree of intentionality, participation and benefit obtained, the recidivism, by commission within one year of more than one infringement of the the same nature where it has been declared by firm resolution, as well as the irreversibility of damage or deterioration produced.
Article 49. Sanctioning power.
1. Public administrations shall exercise the power of sanction on waste in accordance with the distribution of powers laid down in Article 12.
2. In cases where the sanctioning authority corresponds to the General Administration of the State, it shall be exercised by:
a) The Director General of Environmental Quality and Evaluation at the Ministry of Environment, and Rural and Marine Environment in the case of minor infractions.
b) The Minister for the Environment, and the Rural and Marine Environment in the case of serious infringements.
c) The Council of Ministers, in the case of very serious infringements.
In these cases, the initiation of the corresponding sanctioning procedures will be the responsibility of the Director General of Quality and Environmental Assessment.
3. In the case of uncontrolled abandonment, dumping or disposal of waste, as well as its delivery without complying with the conditions laid down in the local ordinances, the sanctioning authority shall be the responsibility of the owners of the Local Entities.
Article 50. Procedure.
The corresponding penalties shall be imposed by a reasoned decision of the competent authority, subject to the instruction of the relevant file and in accordance with the provisions of Title IX of Law No 30/1992 of 26 November 1992. Legal status of public administrations and the common administrative procedure and its implementing rules.
Article 51. Limitation of infringements and penalties.
1. Minor infractions will be prescribed for the year, severe for three years and very serious for five years.
2. The limitation period for infringements shall begin to be counted from the day on which the infringement was committed.
3. In the case of continued infringements, the limitation period shall start from the moment of the completion of the activity or of the last act with which the infringement is consumed. In the event that the facts or activities constituting an infringement are unknown because they are not external signs, the time limit shall be computed from the fact that they are manifest.
4. The prescription of the initiation, with the knowledge of the person concerned, of the sanctioning procedure shall be interrupted, the limitation period being resumed if the sanctioning file has been paralyzed for more than one month for reasons not attributable to the alleged responsible.
5. The penalties imposed by the commission of minor infractions shall be prescribed for the year, those imposed for serious misconduct at three years and those imposed for very serious offences at the age of five.
6. The limitation period for penalties shall begin to be counted from the day following the day on which the decision imposing the sanction becomes final.
7. The limitation period shall be interrupted by the initiation of the procedure, with the knowledge of the person concerned, by the time limit if the person is paralyzed for more than one month for reasons not attributable to the infringer.
Article 52. Sanctions concurrency.
1. Acts which have been punishable by criminal or administrative punishment may not be sanctioned in cases where the identity of the subject, fact and substance is assessed.
2. Where the alleged infringer may be a criminal offence or a fault, the tax ministry shall be transferred from the fault of the fault, with the prosecution of the sanctioning procedure suspended while the judicial authority has not issued a decision. (a) a final decision to terminate the proceedings or to terminate the proceedings or to file the proceedings or to refer the case back to the Prosecutor's Office. If the existence of a crime has not been appreciated, the competent administrative body shall continue the criminal case. The stated facts proven in the final court judgment will bind the administrative body.
3. Where a single event constitutes two or more infringements under this Law, and other laws that are applicable, the offending subject shall be subject to the most serious penalty.
Article 53. Measures of a provisional nature.
1. Under the sanction procedure, the holder of the body responsible for resolving it, on its own initiative or on a proposal from the instructor, may at any time, by reasoned agreement, adopt the measures of a provisional nature which it considers necessary to ensure the effectiveness of the resolution that could be placed on it and to avoid the maintenance of risks or damage to human health and the environment. Such measures shall be proportionate to the nature and gravity of the alleged infringements, and may consist of:
(a) Correction, security or control measures that prevent continuity in the production of damage.
(b) Precinct equipment, equipment or vehicles.
c) Temporary, partial or total closure of the establishment.
d) Temporary suspension of the authorization for the exercise of the business by the company.
2. For the same purpose, the competent body, in cases of urgency and for the interim protection of the interests involved, may take the provisional measures necessary prior to the initiation of the procedure, with the the limits and conditions laid down in Article 72.2 of Law No 30/1992 of 26 November 1992 and other applicable rules, without any possibility of exceeding the period of 15 days. Such measures may include the suspension of the authorisation and the prohibition of the exercise of the activities communicated when the competent authority finds that a company does not comply with the conditions laid down in the authorisation granted or in the communication presented.
3. No interim measure may be taken without the prior hearing of the persons concerned, unless urgent reasons for their immediate adoption, based on the production of serious damage to human health or the environment, are met. (a) the right to an exercise of a regulated activity in this Law without the required authorisation or with it expired or suspended, in which case the provisional measure imposed must be reviewed or ratified after the hearing; interested.
In the process of hearing provided for in this paragraph, the interested parties will be given a maximum period of 15 days so that they can provide all the arguments, documents or information they deem appropriate.
4. The provisional measures described in this Article shall be independent of the decisions on the application for interim measures to be taken by the Judges and the Courts due to the exercise of liability by legitimate persons.
Article 54. Repair of damage and compensation.
1. Without prejudice to the sanction which may be imposed, the infringer shall be obliged to replace the situation altered by him to his original state, as well as to the compensation for damages caused, which may be determined by the competent body, and in this case, shall communicate to the offender for satisfaction within the time limit set for that purpose.
2. In cases of environmental damage, the infringer will be obliged to repair in the terms of Law 26/2007, of October 23, of Environmental Responsibility. The repair methodology provided for in this Law 26/2007, of 23 October, may also be applied in the other cases of damage repair as provided for in its Additional Disposition ninth.
Article 55. Periodic penalty payments and subsidiary enforcement.
1. If the offenders do not proceed to the restoration or compensation, in accordance with Article 54, and after the period specified in the relevant order has elapsed, the investigating administration may agree to the imposition of the of periodic penalty payments or subsidiary enforcement. The amount of each periodic penalty payment shall not exceed one third of the fine fixed for infringement committed.
In these cases, and in the event that the cleaning and recovery of contaminated soils are not performed, subsidiary execution may be carried out on behalf of the infringer and its coast.
2. The imposition of periodic penalty payments shall require the requirement to indicate the time limit for the fulfilment of the obligation and the amount of the fine which may be imposed. In any event, the time limit must be sufficient to fulfil the obligation. In the event that, once the periodic penalty payment is imposed, the non-compliance that has been motivated is maintained, it may be repeated for periods of time that are sufficient to comply with the order. The periodic penalty payments are independent and compatible with those that can be imposed as a sanction.
3. The enforcement of decisions requiring the enforcement of measures for the prevention, avoidance and repair of environmental damage shall be those governed by Article 47 of Law 26/2007 of 23 October.
Article 56. Advertising.
The bodies that exercise the power of sanction may agree, when they consider that there are reasons of public interest and through the procedure that they regulate, the publication, in the corresponding official journal and through the means of social communication which it considers appropriate, of the sanctions imposed by the commission of serious and very serious infringements, as well as the names and surnames or social reason of the responsible natural or legal persons, a Such sanctions would have acquired the character of firm.
Additional disposition first. Declaration of public utility and social interest.
Public utility and social interest are declared, for the purposes of the compulsory expropriation legislation, the establishment or expansion of waste storage, recovery and disposal facilities.
Additional provision second. Replacing single-use bags.
1. Public administrations shall take the necessary measures to promote the most sustainable systems for the prevention, reduction and management of waste from single-use commercial bags of non-biodegradable plastic and its alternatives, including the actions corresponding to the condition of the administration as a consumer, through public procurement.
2. Biodegradation shall be understood in accordance with European Standard EN 13432:2000 ' Packaging and packaging. Requirements for packaging and packaging valorizable by composting and biodegradation. Test programme and assessment criteria for final acceptance of the packaging or packaging ', or other equivalents.
3. The following calendar for the replacement of single-use commercial bags of non-biodegradable plastic is established, taking as a reference the estimation of the market placed in 2007:
a) Before 2013 replacement of 60% of the bags;
b) before 2015 replacement of 70% of the bags;
c) before 2016 replacement of 80% of the bags;
d) in 2018 replacement of all these bags, with the exception of those used to contain fish, meat or other perishable food, for which a moratorium is established which will be reviewed in the light of the alternatives available. The placing on the market of these bags after the said date shall be sanctioned in accordance with the terms of Article 47.1.b).
From January 1, 2015, the bags that will be distributed will include an allusive message to the effects that they cause in the environment. The content and format of such messages shall be determined by the Order of the Minister for the Environment, and the Rural and Marine Environment. In the event of non-compliance with this provision, the penalties provided for in Article 47.1 (c) shall apply.
4. A working group will be set up within the Commission on coordination in the field of specialised waste for the study of proposals on the prevention and management of waste from single-use plastic bags. biodegradable.
5. When the containers referred to in this provision become packaging waste, their holders must deliver them in accordance with the systems established in each case.
6. Before 30 June 2016, the Government shall prepare a report assessing the extent to which the objectives of the replacement timetable are achieved and the appropriateness of implementing fiscal measures on the consumption of single-use commercial bags. of non-biodegradable plastic.
Additional provision third. Waste from the Balearic Islands, Canary Islands, Ceuta and Melilla.
1. The General Administration of the State shall establish measures to finance the additional cost involved in the recovery of the waste generated in the Balearic Islands, the Canary Islands, Ceuta and Melilla which have not been able to be valued on the spot and which are transported by sea to the Peninsula or to another island. These financial measures shall be accompanied by specific programmes or measures for the prevention and management of waste which contribute to minimising the quantities covered by transport.
2. The above measures shall not reach the transfer to the peninsula of those waste streams to which the obligations arising from the extended liability of the producer are applicable.
Additional provision fourth. Enforcement of National Defense Regulatory Laws.
The provisions of this Law are without prejudice to the provisions of the National Defense regulations.
Additional provision fifth. Standards on health protection and prevention of occupational risks.
The application of this Law shall be without prejudice to the provisions relating to the protection of health and the prevention of occupational risks.
Additional provision sixth. Control of waste management activities relevant to citizen security.
1. The Ministry of the Interior and the Ministry of the Environment, and the Rural and Marine Environment will determine jointly by ministerial order, the waste management activities that are relevant to citizen security, to the expected effects. Article 12 of the Organic Law 1/1992, of 21 February, of Protection of Citizen Security.
2. The supplementary information on these activities which, where appropriate, shall be included in the Register of production and waste management and in the chronological file set out in Articles 39 and 40 shall be determined.
The information contained in the Production and Management Registry, and in the logs will remain at the disposal of the competent authorities for inspection and control purposes.
Additional provision seventh. Coordination of financial guarantees.
The subjects required to enter financial guarantees under this Law that are also required to subscribe to guarantees under other rules with full or partially matching coverage, may subscribe they are in a single instrument provided that coverage of all aspects to be included in the instrument is guaranteed.
The financial guarantees provided for in this Law covering environmental restoration, as far as this aspect is concerned, will be calculated according to the provisions of Law 26/2007 of 23 October, of responsibility The Court of Justice of the European Court of Justice of the European Court of Justice of the European Union, of the Court of Justice of the European Union
Additional disposition octave. Adequacy of the regulations to this Law.
Within three years of the entry into force of this Law, the provisions of the development provisions in the field of waste will be adapted to the provisions of this Law.
Additional provision ninth. Electronic processing.
1. The processing of the administrative procedures and the reporting obligations provided for in this Law shall be carried out by electronic means where this has been enabled by public administrations.
2. Public administrations shall take the necessary measures and incorporate in their respective areas the necessary technologies to ensure the interoperability of the different systems, in accordance with the additional provision of the Law. 17/2009, of 23 November, on the free access to and exercise of services activities.
Additional provision 10th. On compensation for the emission of greenhouse gases in the waste sector.
Within the maximum period of one year from the entry into force of this Law, the Government, after consulting the Autonomous Communities and Local Authorities, will forward to the General Courts a Draft Law on the establishment of compensation and exchange of greenhouse gas emission quotas associated with the waste sector between administrations. The overall emissions ceiling associated with these quotas should be consistent with the emission reduction commitments undertaken by Spain.
Additional provision eleventh. Working Group of the Commission on the coordination of waste.
A specialised working group, within the Commission for the Coordination of Waste, will be set up to analyse the widespread and gradual introduction of packaging and packaging into the commercial distribution chain. manufactured with sustainable, renewable and biodegradable raw materials, considering their different environmental and economic impacts.
Additional disposition twelfth. Technical cooperation and collaboration between the Administration and private initiative.
The Government will promote in the framework of the Commission of Coordination in the field of waste, respecting the competences of the Autonomous Communities, the necessary technical and collaboration cooperation between the administration and the private initiative, including non-profit entities, in the field of waste prevention and management, and shall, in agreement with the other administrations, promote appropriate measures to extend the forest certification system.
Additional disposition thirteenth. Research centre on waste prevention and management.
The government will promote the creation of a research center on the prevention and management of waste in which public administrations, companies and the scientific world will participate, recognizing the strategic role of the the waste sector and with the aim of facilitating the development of solutions with greater value for society at every moment.
Additional disposition fourteenth.
In establishing the economic, financial and fiscal measures that the competent authorities will establish to promote the prevention of waste generation, improve its management, strengthen the markets for recycling and Increasing the contribution of the waste sector to the fight against climate change will take into account the specificities of small and medium-sized enterprises.
Additional provision 15th. Validation of actions carried out under Royal Decree 1419/2005 of 25 November.
1. All works and actions relating to the management of water resources in the basins of Guadiana, Guadalquivir and Ebro, resulting from the implementation of Royal Decree 1419/2005 of 25 November, declared null and void by the judgment of the Supreme Court of 24 November 2009.
Such actions will have the emergency consideration for the effects prevented in Article 97 of Law 30/2007, of October 30, of Public Sector Contracts.
2. In accordance with the provisions of Article 58 of the recast text of the Water Law, approved by Royal Legislative Decree 1/2001 of 20 July, the actions approved under the Royal Decree 1419/2005 of 25 November, whose regime The law is valid by this provision, implicitly the declaration of public utility, to the effects of the temporary occupation and forced expropriation of goods and rights, as well as the urgent necessity of the occupation.
First transient disposition. By-products.
As long as the mechanisms provided for in Article 4.2 of this Law regarding the by-products have not been implemented, the administrative procedures that would have been up to date will continue to be applied. in the matter.
Second transient disposition. Local Entity ordinances.
The Local Entities shall approve the ordinances provided for in Article 12.5 of this Law within 2 years of the entry into force of this Law. In the absence of such rules, the rules to be adopted by the Autonomous Communities shall apply.
Transitional provision third. Contracts in force of the Local Entities for the management of commercial waste.
The contracts in force of the Local Entities for the management of commercial waste will continue to deploy their effects within the timeframe they plan. At the time of its renewal, the legal regime deriving from this Law shall apply.
Transitional disposition fourth. Adaptation to the new extended producer responsibility regime.
1. The integrated waste management systems existing at the entry into force of this Law will be governed by the provisions of Law 10/1998 of 21 April of Waste and the regulatory standards for each waste stream. However, such systems shall be adapted to the provisions of this Law within one year of the entry into force of the rules adapting those regulatory provisions.
2. Those systems of extended liability whose application for authorisation has been submitted before the entry into force of this Law are subject to the legal regime provided for in the previous paragraph.
Transient disposition fifth. Financial guarantees.
As soon as the legal regime of the financial guarantees provided for in this Law is not established, the provisions in force in this matter will apply.
Transitional disposition sixth. Commission for coordination in the field of waste.
The Commission for the Coordination of Waste will be set up within six months of the entry into force of this Law. As soon as this Commission does not operate the powers conferred on it by this Law, it shall be exercised by the bodies which have so far been assigned to them.
Transitional disposition seventh. Production and waste management registration.
The operation of the Production and Waste Management Registry shall be based on a collaboration agreement between the competent authorities as soon as the development regulation of the Register is not issued.
Transient disposition octave. Transitional arrangements for authorisations and communications.
The Autonomous Communities will adapt to the provisions of this law the authorizations and communications of the existing facilities and activities, or the requests and communications that have been submitted before the date of the the entry into force of the law, within one year from that date.
Single repeal provision. Regulatory repeal.
All provisions that are opposed, contradicted or incompatible with the provisions of this Law are repealed, and in particular:
1. Law 10/1998 of 21 April of Waste.
2. Chapter VII on sanctioning regime and the fifth additional provision of Law 11/1997, of 24 April, of Envases and Waste of Envases. The remaining precepts, in which they do not object to this Law, remain in force with regulatory status.
The functions carried out by the Joint Committee provided for in the said fifth additional provision shall be taken up by the Commission on the coordination of waste.
3. Order MAM/2192/2005, of 27 June, laying down the basis for the granting of grants to finance transport to the peninsula, or between islands, of the waste generated in the Balearic Islands, the Canary Islands, Ceuta and Melilla.
Final disposition first. Competitive titles.
1. This law has the character of basic environmental protection legislation, without prejudice to the powers of the Autonomous Communities to lay down additional standards of protection in accordance with the provisions of Article 149.1.23. the Constitution, with the exception of the following articles:
(a) Articles 12 (5), 14 (3), the second transitional provision and the third transitional provision have the character of legislation on the basis of the legal system of public administrations, in accordance with the 149.1.18ª, of the Constitution.
(b) Articles 12.3.b), 26 and 46 (2) (j), (3) (g) and (h), as regards the shipment of waste to or from third countries not members of the European Union, have the character of legislation on foreign trade, exclusive competence of the State, in accordance with Article 149.1.10. of the Constitution.
c) Articles 17.7, 20.4. (b) and (c), 23.2, 32.5.d) are given in accordance with Article 149.1.11. of the Constitution which gives the State the power to lay down the basis for the organisation of insurance.
(d) Articles 33.2, final indent and 34.3 as regards the registration of marginal notes in the Land Registry, are given in accordance with Article 149.81st which confers exclusive competence on the State Public records management matter.
2. Articles 35.2 and 49.2 do not have a basic character, which shall apply to the General Administration of the State.
Final disposition second. Incorporation of European Union law.
This Law incorporates into Spanish law Directive 2008 /98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives.
Final disposition third. Enabling regulatory development.
1. The Government of the Nation is empowered to issue, in the field of its powers, the necessary regulatory provisions for the development and implementation of this Law and, in particular, for:
(a) Develop the Commission on the coordination of waste as provided for in Article 13 and the Register of Production and Waste Management referred to in Article 39.
b) To regulate the financial guarantees provided for in this Law.
(c) Establish rules for different types of waste, in which particular provisions relating to their production and management shall be laid down.
d) Update the amount of the fines set out in Article 47.
2. The updating and amendment of the Annexes to this Law will be carried out by order of the Minister of the Environment, and the Rural and Marine Environment.
Final disposition fourth. Entry into force.
This Law shall enter into force on the day following that of its publication in the "Official Gazette of the State".
I command all Spaniards, individuals and authorities, to keep and keep this law.
Madrid, July 28, 2011.
JOHN CARLOS R.
The President of the Government,
JOSE LUIS RODRIGUEZ ZAPATERO
D 1 Deposit on the ground or inside (e.g. pour, etc.).
D 2 Treatment in the terrestrial environment (e.g. biodegradation of liquid waste or sludge in soil, etc.).
d 3 Injection in depth (e.g. injection of pump waste into wells, salt mines or natural geological faults, etc.).
D 4 Surface reservoir (e.g., pouring of liquid or sludge waste into wells, ponds or lagoons, etc.).
D 5 Deposit controlled in specially designed places (e.g., placement in separate, coated and isolated watertight cells and the environment).
D 6 Vertid in the aquatic environment, except at sea.
D 7 Vertide at sea, including insertion into the seabed.
D 8 Biological treatment not specified in other paragraphs of this Annex which results in compounds or mixtures being removed by any of the operations numbered D 1 to D 12.
D 9 physico-chemical treatment not specified elsewhere in this Annex and resulting in compounds or mixtures which are eliminated by one of the procedures numbered D 1 to D 12 (e.g. evaporation, drying, calcination, etc.).
D 10 Incineration on land.
D 11 Incineration in the mar.*
D 12 Permanent storage (for example, placement of containers in a mine, etc.).
D 13 Combination or pre-mix to any of the numbered operations of D 1 to D 12. * *
D 14 Pre-packaging to any of the operations numbered D 1 to D 13.
D 15 Storage waiting for any of the operations numbered from D 1 to D 14 (excluding temporary storage, waiting for collection, where the residue occurred). * **
* This operation is prohibited by EU regulations and international conventions.
** If there is no other appropriate D code, initial pre-disposal operations may be included here, including prior processing, such as, inter alia, sorting, crushing, compacting, 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. paragraph n.
R 1 Main use as fuel or other mode of producing energy.*
R 2 Recovery or regeneration of solvents.
R 3 Recycling or recovery of organic substances that are not used as solvents (including composting and other biological transformation processes). * *
R 4 Recycling or recovery of metals and metal compounds.
R 5 Recycling or recovery of other inorganic materials. * **
R 6 Regeneration of acids or bases.
R 7 Valorization of components used to reduce pollution.
R 8 Valorization of components from catalysts.
R 9 Regeneration or other new use of oils.
R 10 Treatment of soils that produces a benefit to agriculture or an ecological improvement of the same.
R 11 Use of waste obtained from any of the numbered operations of R 1 to R 10.
R 12 Waste exchange for submission to any of the operations listed between R 1 and R 11. This includes operations prior to recovery including prior treatment, operations such as disassembly, classification, crushing, compaction, pelletizing, drying, fragmentation, conditioning, repackaging, separation, combination or mixing, prior to any of the operations listed in R 1 to R 11.
R 13 Waste storage waiting for any of the numbered operations of R 1 to R 12 (excluding temporary storage, waiting for collection, at the place where the waste was produced). * ***
* Incineration plants intended for the treatment of household waste are included here only when their energy efficiency is equal to or greater than:
-0,60 in the case of operating installations and authorised in accordance with the Community legislation applicable from before 1 January 2009;
-0,65 for installations authorised after 31 December 2008.
Applying the following formula:
Energy Efficiency = [Ep-(Ef + Ei)]/[0,97 × (ew + Ef)]
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 the heat produced for commercial uses by 1.1 (GJ/year).
Ef is the annual contribution of energy to the system from fuels that contribute 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 imported annual energy excluding Ew and Ef (GJ/year).
0.97 is a factor representing energy losses due to background ash and radiation.
This formula shall be applied in accordance with the reference document on the best available techniques for the incineration of waste.
* This includes gasification and pyrolysis that use the components as chemical elements.
*** This includes soil cleaning resulting in soil recovery and recycling of inorganic building materials.
**** Temporary storage means initial storage provided for in Article 3 (n).
Characteristics of the waste that allows you to qualify as hazardous
H 1 "Explosive": Applies to substances and preparations which may explode under the flame effect or which are more sensitive to shocks or friction than dinitrobenzene.
H 2 "Oxidant": Applies to substances and preparations which present highly exothermic reactions when coming into contact with other substances, in particular flammable substances.
H 3-A "Easily flammable" applies to:
-Liquid substances and preparations having a flash point of less than 21 ° C (including extremely flammable liquids).
-Substances and preparations that can be heated and finally inflamed in contact with air at room temperature without energy input.
-Solid substances and preparations which can be easily inflamed after a short contact with an ignition source and which continue to burn or be consumed after removal from the ignition source.
-Substances and gaseous preparations that are flammable in the air at normal pressure.
-Substances and preparations which, in contact with water or wet air, release highly flammable gases in dangerous quantities.
H 3-B "Inflamable": It applies to liquid substances and preparations having a flash point greater than or equal to 21 ° C and less than or equal to 55 ° C.
H 4 "Irritant": Applies to non-corrosive substances and preparations that may cause an immediate, prolonged or repeated inflammatory reaction to skin or mucous membranes.
H 5 "Harmful": It applies to substances and preparations which, by inhalation, ingestion or skin penetration, may pose a risk of limited health severity.
H 6 "Toxic": It applies to substances and preparations (including very toxic substances and preparations) which, by inhalation, ingestion or skin penetration, may involve serious, acute or chronic risks and even the death.
H 7 "Carcinogenic": It applies to substances and preparations which by inhalation, ingestion or skin penetration may cause cancer or increase their frequency.
H 8 "Corrosive": Applies to substances and preparations that can destroy living tissues when they come into contact with them.
H 9 "Infectants": Applies to substances and preparations containing viable micro-organisms, or their toxins, of which there are known or well-founded reasons to believe that they cause disease in humans or in other organisms live.
H 10 "Toxic for reproduction": It applies to substances and preparations which, by inhalation, ingestion or skin penetration, may cause non-hereditary congenital malformations or increase their frequency.
H 11 "Mutagenic": Applies to substances and preparations which by inhalation, ingestion or skin penetration may lead to hereditary genetic defects or increase their frequency.
H 12 Waste that emit toxic or very toxic gases when coming into contact with the air, with water or with an acid.
H 13 * "Sensitising": It applies to substances and preparations which, by inhalation or skin penetration, may cause a reaction of hypersensitisation, so that a subsequent exposure to that substance or preparation of place for characteristic harmful effects.
H 14 "Ecotoxic": Applies to residues that present or may present immediate or delayed risks to one or more compartments of the environment.
H 15 Susceptible wastes, after removal, from giving rise to another substance by any means, for example, a leachate having any of the characteristics listed above.
* To the extent that test methods are available.
1. The "toxic" (and "very toxic"), "harmful", "corrosive", "irritating", "carcinogenic", "toxic for reproduction", "mutagenic" and "ecotoxic" characteristics are assigned according to the criteria set out in Annex VI to the Directive. Council Regulation (EEC) No 750/82 of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (1), in force until 1 December 1967 2010 and in accordance with Regulation (EC) No 1272/2008 of 16 December 2008 on the classification, labelling and packaging of substances and mixtures and amending and repealing Directives 67 /548/EEC and 1999 /45/EC and amending Regulation (EC) No 1907/2006, the entry into force of which is set out in Articles 61 and 62 thereof.
2. Where appropriate, the limit values laid down 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 provisions laid down by law, regulation and Member States ' administrative authorities concerning the classification, packaging and labelling of dangerous preparations (2) in force until 1 December 2015 and in accordance with Regulation (EC) No 1272/2008 of 16 December 2008, the Entry into force is set out in Articles 61 and 62.
The methods to be applied are described in Annex V to Directive 67 /548/EEC deleted by Directive 2006 /121/EC of the European Parliament and of the Council of 18 December 2006 amending the Directive Council Regulation (EC) No 750/82 of 17 December 1993 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances, for the purposes of Regulation (EC) No 1907/2006 registration, assessment, authorisation and restriction of chemical substances and preparations (REACH), and establishing the European Chemicals Agency with effect from 1 June 2008 and incorporated in Commission Regulation (EC) No 440/2008 of 30 May 2008 laying down detailed rules for the use of chemical substances and preparations with effect from 1 June 2008 testing in accordance with Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the registration, assessment, authorisation and restriction of chemicals (REACH) and other relevant CEN notes.
(1) OJ 196, 16.8.1967, p.1.
(2) DO L200 of 30.7.1999, p.1.
Examples of waste prevention measures referred to in Article 15
Measures that can affect the framework conditions of waste generation
1. The implementation of planning measures or other economic instruments that encourage the efficient use of resources.
2. The promotion of research and development aimed at obtaining cleaner technologies and products and with less waste, as well as the dissemination and use of the results of these research and development work.
3. The development of significant and effective indicators of environmental pressures related to the generation of waste with a view to contributing to the prevention of waste generation at all levels, from the comparisons of products at Community level up to interventions by local authorities or measures of a national nature.
Measures that can affect the design, production, and distribution phase
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 the forest certification.
5. The provision of information on waste prevention techniques with a view to facilitating the application of the best available techniques by industry.
6. The organisation of the training of the competent authorities as regards the insertion of waste prevention requirements into the authorisations issued under this Law and Law 16/2002 of 1 July.
7. The inclusion of measures to prevent the production of waste in facilities to which the Law 16/2002 does not apply, of 1 July. Where appropriate, these measures could include assessments or waste prevention plans.
8. The implementation of awareness-raising campaigns or the provision of financial support, support for decision-making or other types of support for businesses. These measures are more likely to be particularly effective when targeted and adapted to small and medium-sized enterprises, and are implemented through networks of established companies.
9. The use of voluntary agreements, consumer/producer panels or sectoral negotiations in order to ensure that the relevant commercial or industrial sectors establish their own waste prevention plans or objectives, or that correct the products or packaging that generate waste.
10. The promotion of accreditable environmental management systems, including EMAS and ISO 14001 standards.
Measures that can affect the consumption and use phase
11. Measures to replace single-use products when there are alternative reusable products.
12. Awareness campaigns and information aimed at the general public or a particular group of consumers.
13. The promotion of eco-labels and accredited forest certification systems.
14. Agreements with industry, such as the use of study groups on products such as those made up in the framework of Integrated Product Policies, or agreements with retailers on the availability of information about prevention of waste and products with less environmental impact.
15. Incorporation of environmental criteria and prevention of waste generation in public sector and business purchases. In relation to public sector purchases, the above criteria may be incorporated into the supplementary contract documents or documents, as selection criteria or, where appropriate, award criteria, in accordance with the Manual on public procurement with environmental criteria published by the Commission on 29 October 2004, and in accordance with Law 30/2007 of 30 October 2004 on public sector contracts.
16. The promotion of the reuse of products or preparation for the reuse of discarded products, in particular by means of educational, economic, logistical or other measures, such as support for approved collection centres and networks and reuse, as well as the promotion of its creation, especially in regions with high population density or where such centres and networks did not exist. Particular attention will be paid to the promotion of social economy entities for the management of the centres.
17. Agreements with the hospitality and catering sector, such as the promotion of the use of reusable packaging, the integration of environmental and waste prevention criteria in the procurement of materials and services.
18. Measures for the reduction of the consumption of packaged products.
19. In relation to the generation of food waste the inclusion of measures aimed at avoiding food waste and encouraging responsible consumption, such as agreements with shops to minimize expired food, establish guidelines for consumers, catering and dining activities to take advantage of leftover food, create ways to make use of surplus in good condition through social initiatives-soup kitchens, food banks, etc.
20. Promotion of responsible use of paper, dematerialization of information and reuse of textbooks and reading.
21. Promotion of the consumption of intangible services or goods through educational campaigns and/or agreements with social entities and municipal administrations.
22. Promotion of the sale and consumption of fresh bulk food to reduce the generation of packaging waste.
23. Promotion of the use of packaging and packaging made of renewable, recyclable and biodegradable raw materials, such as paper, corrugated cardboard, compact cardboard or wood, from waste.
24. Economic instruments, such as incentives for green purchases or the introduction of a compulsory payment by consumers for a particular item or item of packaging that would normally have been provided for free.
Content of Autonomous Waste Management Plans
1. Minimum content of plans:
(a) The type, quantity and source of the waste generated within the territory, which are expected to be transported to and from other Member States, and where possible from and to other Autonomous Communities and one assessment of the future development of waste streams.
b) Existing waste collection systems and main disposal and recovery facilities, including any special measures for waste oils, hazardous waste or waste streams covered by legislation specifies.
(c) An assessment of the need for new collection systems, the closure of existing waste facilities, additional waste treatment facilities and related investments.
(d) Information on the location criteria for site identification and on the capacity of future disposal facilities or major recovery facilities.
e) Waste management policies, including the technologies and methods of waste management envisaged, and the identification of waste posing specific management problems.
2. Other elements:
(a) The organisational aspects related to waste management, including a description of the allocation of responsibilities between public and private operators dealing with waste management.
b) Awareness and information campaigns aimed at the general public or a particular group of consumers.
c) Sites historically contaminated by waste disposal and measures for their rehabilitation.
Content of the authorization request for waste treatment activities
1. Content of the application for the authorisation of waste treatment plants:
a) Identification of the natural or legal person that owns the installation.
b) Location of facilities where waste treatment operations are to be carried out, identified by geographical coordinates.
c) Presentation of the project of the installation with a detailed description of the installations, their technical characteristics and any other type applicable to the installation or to the place where the installations are to be carried out treatment operations.
(d) Types and quantities of waste that can be identified by the LER codes and if necessary for each type of operation.
(e) Facilities not covered by the Law 16/2002 of 1 July on integrated pollution prevention and control must submit, together with the application for authorisation, the impact assessment When required by state or regional regulations on environmental impact statements.
2. Content of the application for the authorisation of natural or legal persons carrying out waste treatment operations:
(a) Identification of the natural or legal person requesting to carry out the waste treatment activity.
b) Detailed description of the waste treatment activities that it intends to carry out with the inclusion of the types of operations planned to be carried out, including the codification set out in Annexes I and II to this Act.
(c) Methods to be used for each type of treatment operation, the security and precautionary measures and the monitoring and control operations planned.
d) Technical capacity to perform the intended treatment operations at the facility.
e) Accrediting insurance or security documentation.
Content of the waste treatment authorization
1. Content of the authorisation of installations where waste treatment operations are carried out:
(a) Identification of the natural or legal person who owns the facility and identification number, where applicable.
b) Location of facilities where waste treatment operations are to be carried out, identified by geographical coordinates.
c) Types and quantities of waste whose treatment is authorised identified by the LER codes.
(d) authorised treatment operations identified in accordance with the codes set out in Annexes I and II.
e) Maximum waste treatment capacity for each operation that is performed on the installation.
(f) Provisions which may be necessary for the closure and subsequent maintenance of installations.
g) Date of the authorization and term of validity.
(h) Other requirements relating to the installation of waste treatment, including the financial guarantees that are required in accordance with the waste regulations.
2. Content of the authorisation of natural or legal persons for the performance of waste treatment operations:
(a) Identification of the natural or legal person authorised to carry out the waste treatment activity, including domicile and CIF or NIF as appropriate.
(b) Types and quantities of waste whose processing operation is authorised identified by the LER codes.
(c) authorised treatment operations identified in accordance with the codes set out in Annexes I and II.
d) Date of the authorization and term of validity.
e) Identification number, where applicable.
(f) Other requirements required among them, financial guarantees that are payable in accordance with the waste regulations.
Content of the communication of waste producers and managers
1. Content of the communications of the waste producing industries or activities:
(a) Data identifying the company and its legal representative; including the company's NIF.
b) Identification data of the producer centre, including the economic activity code (CNAE).
c) Estimated amount of waste to be produced annually.
(d) Waste produced in each process characterized by Annex III to this Law and identified according to Annex 1 of the Ordinance/MAM/30 4/2002 of 8 February 2002, for which the recovery and disposal operations of the waste and the European list of waste.
e) The storage conditions at the production site.
(f) The treatment operations planned for waste and in the case of hazardous waste must also include the acceptance document by the manager who is to carry out the treatment or in his/her case responsible for the undertaking in which it states its commitment to deliver the waste to an authorised manager.
g) Any other identifying data required for electronic communication presentation.
2. Content of the communications of undertakings carrying waste on a professional basis:
a) Data identifying the company and its legal representative, including CIF and CNAE.
(b) Content of the authorisation to be available under the relevant legislation on the transport of goods.
(c) Waste to be transported and identified in accordance with Annex 1 of Order MAM/30 4/2002 of 8 February 2002 for the publication of waste recovery and disposal operations and the European waste list.
d) Any other identification data required for the electronic presentation of the communication.
3. Content of the communications of undertakings collecting waste on a professional basis:
a) Data identifying the company and its legal representative, including CIF and CNAE.
(b) Waste that is identified as identified in Annex 1 to Ordinance/MAM/30 4/2002 of 8 February.
4. Content of the communications to be submitted by the dealers and agents:
(a) Identification data of the company and its legal representative, domicile and including NIF or CIF as appropriate.
b) Description of the activities to be performed.
(c) Waste identified according to Annex 1 of the Ordinance/MAM/30 4/2002 of 8 February.
5. The presentation of the communication shall accompany the supporting documentation of the subscription of the financial guarantees required in accordance with the applicable rules.
Minimum communication content for individual extended responsibility systems
1. Identification data of the producer: domicile and NIF. Indication of whether this is an intra-Community manufacturer, importer or acquirer.
2. Identification (type and weight) produced on the market on an annual basis and an estimated weight of the waste to be generated identified by LER code.
3. Description of the organization of the product reuse system, if applicable, including collection points.
4. Description of the waste management organisation system, including collection points (intended percentages of preparation for reuse, recycling or other forms of recovery and disposal).
5. Identification of the managers, with an indication of the management operations they carry out.
6. Copy of the underwritten financial guarantee, if applicable.
7. Copy of the contracts entered into and the agreements concluded for the management of the waste.
8. Form of financing of the activities.
9. Territorial scope of action.
10. Procedure for the collection of data and the provision of information to public administrations.
Minimum content of the authorization request for the extended responsibility collective systems
1. Identification of the legal form, address of the system, description of its operation, description of the products and waste on which it acts and of the geographical area of action, identification of the members, criteria for the incorporation of new members and description of the conditions of their incorporation.
2. Description of the measures for the fulfilment of the obligations arising from the extended liability of the producer of the product, as laid down in the specific regulations.
3. Identification, where appropriate, of the managing body as well as the legal relationships and links to be established between this entity and the extended collective responsibility system and those who integrate it.
4. Legal relations and links or agreements to be established with public administrations where appropriate, entities or undertakings with whom they agree or contract for the management of waste in compliance with the obligations attributed to them or with other economic operators.
5. Description of the system funding: estimate of revenue and expenditure. Where the waste management involves an additional cost for the producers, and where applicable for the distributors, indication of the methods of calculation and the assessment of the amount of the quota covering the total cost of compliance with the waste. the obligations assumed by the system, ensuring that the system will be used to finance the planned management, also indicating, where appropriate, the cost to be passed on to the product. This quota where applicable shall be disaggregated by materials, types or categories. The method of collection shall also be specified. The conditions and modalities for the revision of the quotas in the light of the evolution of the fulfilment of the obligations assumed.
6. Where appropriate, a proposal for the financing criteria for public systems.
7. Procedure for the collection of data and the provision of information to public administrations.
8. Forecast of quantities of waste (kg and units) to be collected.
9. Predicted percentages of preparation for reuse, recycling and recovery with their corresponding deadlines and mechanisms for monitoring, control of operation and verification of the degree of compliance.
Obligations for information on contaminated soils
1. Content of the contaminated soil declaration:
a) General data. Contaminated soil identification: Site name, address, municipality, cadastral reference, registry data and site use.
b) Specific data on contaminated soil: Contamination causes, contaminated soil owners, contaminated soil owners, surface affected, polluting activities developed or developed developed on the ground, pollutants present and date of the contaminated soil declaration.
c) Specific environmental recovery data: Main and subsidiary obligations to be carried out for cleaning and recovery operations, actions necessary to carry out their cleaning, recovery or containment, deadlines in which the decontamination, cleaning or recovery should be carried out, cost of the treatment, cost and duration of the surveillance and control phase, and any other relevant reference points.
d) Low inventory of contaminated soils: Low date as contaminated soil.
2. Reporting obligations in relation to soil contamination.
(a) Information on the quantity and evolution of the Situation Reports, in accordance with what is regulated by the Government.
b) Procedures related to contaminated soils: resolved procedures, recovery actions executed, recovery actions in execution or next to be started and procedures in place.
(c) Actions and investments made in the field of soil contamination prevention: regional action plan, prevention measures, information measures for the public, complementary actions given in resolutions, Studies and methodological guides and investments and financing mechanisms.
Obligations for information of the waste treatment companies contained in Article 41
Exits from the installation:
Treatment/Material Waste (1)
(1) Residues will be identified according to Annex 1 of Order MAM/30 4/2002 of 8 February.
(2) The quantities will be expressed in tonnes.
(3) Treatment operations shall be identified by the codification set out in Annexes I and II to this Act.
(4) Identification of the company or entity from which the waste comes from.
(5) Indication of the destination of waste treatment or materials, including the operation to which they are intended.