Key Benefits:
The adoption of Directive 2000 /60/EC of the European Parliament and of the Council of 23 October 2000 establishing a Community framework for action in the field of water policy has, among other things, of course, the start of a new path to design a strategy to combat water pollution in a more comprehensive and effective way.
In particular, in accordance with Articles 4 and 16 of Directive 2000 /60/EC, the obligation to implement measures aimed at progressively reducing discharges, emissions and losses of substances is laid down in Directive 2000 /60/EC. priority and to phase out or phase out emissions, discharges and losses of priority hazardous substances.
As a further step in the water protection strategy, and in compliance with Article 16 of that standard, Directive 2008 /105/EC of the European Parliament and of the Council of 16 December 2008 on the environmental quality standards (EQS) in the field of water policy. Its aim is to establish environmental quality standards for priority substances and for other pollutants, with the aim of achieving a good chemical state of surface water.
As a complement to the regulation established to date in relation to the monitoring of the chemical status of waters, Commission Directive 2009 /90/EC of 31 July 2009 laying down, for compliance with Directive 2000 /60/EC, the technical specifications for chemical analysis and monitoring of water status.
This royal decree aims to transpose all aspects contained in Directive 2008 /105/EC of the European Parliament and of the Council of 16 December 2008.
It also incorporates the technical requirements for chemical analysis laid down in Commission Directive 2009 /90/EC of 31 July 2009, i.e. the minimum criteria to be applied to the methods of analysis for monitoring the status of waters, sediments and living beings, as well as the rules aimed at demonstrating the quality of analytical results. In this way both legislative texts are incorporated into the Spanish internal order.
The need to transpose both directives has been an opportunity to adapt existing Spanish legislation on hazardous substances to the new obligations arising from Directive 2000 /60/EC of the European Parliament and of the European Parliament. Council of 23 October 2000. In particular, this circumstance has been used to adapt some of the Spanish legislation transposing Council Directive 76 /464/EEC of 4 May on pollution caused by certain dangerous substances discharged into the Community. the aquatic environment of the Community (provision repealed by the codified version of Directive 2006 /11/EC), as well as the Spanish legislation transposing the Directives resulting from Council Directive 76 /464/EEC of 4 May.
With the development of the new Community legislation on dangerous substances, the various obligations under Directive 76 /464/EEC of 4 May have been progressively repealed in accordance with the time limits laid down in Directive 76 /464/EEC. in Directive 2000 /60/EC of 23 October and Directive 2008 /105/EC of 16 December 2008; in such a way that the full repeal will take place on 22 December 2013. The transitional period is rather long, 13 years, during which two legislative frameworks covering closely related subjects coexist. This has led to the rational and consistent incorporation of the requirements resulting from the new legislation and at the same time maintaining the previous one, without any legal vacuum, contradiction, duplicity or indetermination. One of the essential elements of Directive 76 /464/EEC was the distinction between List I and II substances, differentiation in the provisions on the protection of surface waters against dangerous substances intended for The Regulation of Public Domain of Hydraulic approved by Royal Decree 849/1986 of April 11, and in the Regulation of Hydrological Planning, approved by Royal Decree 907/2007, of July 6. This royal decree sets out the measures to be implemented during the transitional period in which both regulatory frameworks on hazardous substances coexist.
With this object, the Spanish legislation that collects the environmental quality standards of the preferred substances, selected for presenting a significant risk to the Spanish surface waters due to their special toxicity, persistence and bioaccumulation or the importance of their presence in the aquatic environment. In this way, the provisions contained in Royal Decree 995/2000 of 2 June 2000 laying down quality objectives for certain polluting substances and sections B and C of Annex I and Annex II to the Royal Decree are consolidated. 258/1989 of 10 March 1989 laying down general rules on discharges of dangerous substances from land to sea. The incorporation of both texts into the present royal decree allows both provisions to be repealed, thus simplifying the existing rules.
Finally, this royal decree incorporates into Spanish law paragraph 1.2.6 of Annex V to Directive 2000 /60/EC of the European Parliament and of the Council of 23 October 2000. The procedure for the establishment of NCA of pollutants in water, sediment or biota is defined in that Annex. This procedure should be applied in order to obtain the NCA of the relevant pollutants from each river basin district.
In summary, this royal decree aims to establish NCA for priority substances and for other risk pollutants at European level; and for risk-preferred substances at the state level. It also incorporates the technical specifications of the chemical analysis and the monitoring of water status, and sets the procedure for calculating the EQS of the pollutants in order to achieve a good state of water.
A wide catalogue of definitions relating to the material developed in the text is included in the article. The EQS for the priority substances, the preferred substances and for the relevant pollutants in the river basin district are set out below. It also provides for the possibility for the competent bodies to set NCA for sediments or biota in certain categories of water mass. It also requires monitoring of trends in concentration in order to assess the impact of long-term anthropogenic activity.
In application of the provisions of Directive 2008 /105/EC of the European Parliament and of the Council of 16 December 2008, the competent bodies may designate mixing zones adjacent to the landfill sites where the concentrations of the pollutants may exceed the EQS provided that compliance with those standards in the rest of the water mass is not compromised. They shall also draw up an inventory of the emissions, discharges and losses of priority substances and other pollutants.
This royal decree is dictated by the development of Articles 92, 92a, 108a and the final disposition of the recast text of the Water Law, approved by Royal Legislative Decree 1/2001 of 20 July, which enables the government to to dictate regulatory standards that require their development and implementation.
Moreover, the additional provision of Law 22/1988 of 28 July 1988 on Costs, which is incorporated into Law 42/2007 of 13 December 2007, of Natural Heritage and Biodiversity, in paragraph 6 of this Law, provides that the The government may amend or extend the list of substances, quality objectives, methods of measurement and control procedure set out in Annexes I, II and III, and therefore this royal decree has the right to enable the legal.
This royal decree has been reported by the Environment Advisory Council and the National Water Council. The autonomous communities and the representative entities of the sectors concerned have been consulted and have been subject to public information.
In its virtue, on the proposal of the Minister for the Environment, and the Rural and Marine Environment, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of 21 January 2011,
DISPONGO:
CHAPTER I
General rules
Article 1. Object.
The present royal decree has as its object:
1. Establish environmental quality standards (EQS) for priority substances and for other pollutants listed in Annex I in order to achieve a good chemical status of surface water.
2. Establish the EQS for the preferred substances listed in Annex II and set the procedure for calculating the EQS not set out in Annexes I and II of the pollutants in Annex III in order to achieve a good ecological status of the waters surface or good ecological potential of such waters, where appropriate.
Article 2. Scope.
The EQS established in this royal decree are understood as minimum standards and shall apply to all surface waters as defined in Article 3.
Article 3. Definitions.
For the purposes of this royal decree is understood by:
1. Inland waters: all waters on the surface of the soil, as well as all groundwater located to the ground from the line serving as a basis for measuring the width of territorial waters.
2. Coastal waters: surface waters located to the ground from a line of all points at a distance of one nautical mile from the nearest point of the baseline which serves to measure the width of the territorial waters and extending, where appropriate, to the external boundary of the transitional waters.
3. Transitional waters: surface water bodies close to river mouths and which are partially saline as a result of their proximity to coastal waters, but which receive a significant influence on freshwater flows.
4. Surface waters: inland waters, except groundwater; transitional waters and coastal waters; and, as far as the chemical state is concerned, also territorial waters.
5. Inland surface waters: all the waters still or streams on the surface of the earth that do not fall into the categories of coastal waters or of transitional waters. They include rivers and lakes and the masses of artificial water or very modified assimilables to these categories.
6. Groundwater: all waters under the surface of the soil in the saturation zone and in direct contact with the soil or subsoil.
7. Biota: a set of living things coexisting in a particular aquatic ecosystem.
8. Good Ecological Status: state of a surface water mass whose biological quality indicators show low distortion values caused by human activity, only slightly deviating from the values normally associated with conditions unaltered in the corresponding mass type. Hydromorphological indicators are consistent with the achievement of these values and the physico-chemical indicators comply with the ranges or limits that ensure the functioning of the specific ecosystem of the type and the achievement of the values of the the biological indicators. In addition, the concentrations of pollutants, other than those listed in Annex I, comply with the EQS and in particular the preferred substances comply with the EQS set out in Annex II to this royal decree.
9. Good Chemical Status of Water Surfaces: the status of a surface water mass that complies with the EQS set out in Annex I to this royal decree, as well as other relevant Community standards that set environmental quality standards.
10. Good Ecological Potential: state of a very modified or artificial mass of water whose biological quality indicators show slight changes compared to the values corresponding to the most closely comparable mass type. The hydromorphological indicators are consistent with the achievement of these values and the physico-chemical indicators are within the ranges of values that guarantee the functioning of the ecosystem and the achievement of the values of the biological indicators specified above. In addition, the concentrations of pollutants, other than those listed in Annex I, comply with the EQS and in particular the preferred substances comply with the EQS set out in Annex II to this royal decree.
11. Pollution: the direct or indirect introduction, as a result of human activity, of substances or energy in the atmosphere, water or soil, which may be harmful to human health or the quality of aquatic ecosystems; or terrestrial ecosystems that are directly dependent on aquatic ecosystems, causing damage to material goods or deteriorating or hindering enjoyment and other legitimate uses of the environment.
12. Pollutant: any substance that may cause contamination, and in particular those listed in Annex III to this royal decree.
13. Measurement uncertainty: non-negative parameter associated with an analytical result that characterizes the dispersion of the quantitative values attributed to a measurement based on the information used.
14. Limit of detection: in an analytical determination, concentration value or output signal above which can be affirmed, with a declared level of confidence, that a sample is different from a blank sample, understood by white that dissolution that does not contain the analyte of interest.
15. Limit of quantification: in an analytical determination, constant multiple of the limit of detection that can be determined with an acceptable degree of accuracy and precision. The limit of quantification can be calculated using a suitable pattern or sample and can be obtained from the lowest calibration point in the calibration curve, excluding the value of the target.
16. Environmental Quality Standard (EQS): concentration of a certain pollutant or group of pollutants in water, sediments or biota, which should not be exceeded for the sake of the protection of human health and the environment. This threshold can be expressed as Maximum Allowable Concentration (NCA-CMA) or as Annual Average (NCA-MA).
17. Competent authority: each of the basin bodies, for the inland surface waters of the river basin areas which exceed the territorial scope of an autonomous community, and the autonomous communities, for the waters continental surface of hydrographic demarcations within the respective territorial scope, as well as for coastal and transitional waters.
18. Sediment: solid organic or mineral material in the form of particles, grains or small blocks, deposited in the bed of a mass of surface water.
19. Preferred substance: a pollutant that presents a significant risk to Spanish surface water due to its special toxicity, persistence and bioaccumulation or the importance of its presence in the aquatic environment. The list of preferred substances is set out in Annex II to this royal decree.
20. Priority substance: a substance that presents a significant risk to or through the Community aquatic environment, including the risks of this type for the waters used for the collection of drinking water, and regulated through the Article 16 of Directive 2000 /60/EC of the European Parliament and of the Council of 23 October 2000. Among these substances are the priority hazardous substances. The list of priority substances is listed in Annex I to this royal decree.
21. Mixing zone: an area adjacent to a point of discharge where the concentrations of the different constituents of the site may not correspond to the complete mixing regime of the effluent and the receiving medium.
CHAPTER II
Environmental Quality Standards
Article 4. Implementation of environmental quality standards for priority substances and other pollutants.
The EQS required for priority substances and other pollutants shall be, at most, those listed in Annex I, paragraph A, and shall be applicable in accordance with the provisions set out in Annex I, paragraph B.
Article 5. Application of the environmental quality standards for the preferred substances.
The EQS required for the preferred substances shall be, at most, those listed in Annex II, paragraph A, and shall apply in accordance with the provisions set out in Annex II, paragraph B.
Article 6. Application of the environmental quality standards for pollutants in Annex III.
1. The competent bodies shall identify, the specific pollutants discharged in significant quantities listed in Annex III, and not contained in Annexes I and II, in order to establish the NCA in accordance with the procedure laid down in that Annex. Annex IV. The proposed EQS shall provide the same level of protection throughout the River Basin District.
2. The EQS established in accordance with this Article shall be approved in the relevant river basin management plan, including in the regulatory part thereof as provided for in Article 81 of the Hydrological Planning Regulation, approved by Royal Decree 907/2007, of 6 July.
3. The river basin management plans, as well as subsequent revisions, shall contain the ratio of the pollutants in Annex III for which the EQS have been established in accordance with this Article as well as the corresponding EQS adopted in their own resources. the respective territorial areas, including, where appropriate, the data and methodology from which those EQS have been obtained.
Article 7. Application of environmental quality standards in sediment or biota.
1. The competent bodies may choose to apply the EQS to sediments or biota, in certain categories of surface water, instead of the standards set out in Annex I, paragraph A. In these cases, the provisions shall be in accordance with the provisions of this Regulation. contained in points 2, 3, 4, 5 and 6 of this Article.
2. The maximum levels in biota shall be the following: mercury and its compounds: 20 µ g/kg; hexachlorobenzene: 10 µ g/kg; hexachlorobutadiene: 55 µ g/kg. These EQS shall be applied to the tissues expressed as wet weight of fish, molluscs, crustaceans and other biota, and the most appropriate taxonomic group may be chosen in each case.
3. NCA which are applied in sediment or biota for certain substances other than those referred to in paragraph 2 of this Article shall provide at least the same level of protection as the EQS set out in Annex I, paragraph A for the water. These EQS shall be established in accordance with the procedure set out in Annex IV and shall provide the same level of protection throughout the River Basin.
4. For the substances referred to in paragraphs 2 and 3, the frequency of the controls of the sediments or the biota shall be at least once a year, unless the technical knowledge and expert opinion justify another interval.
5. The river basin management plans and their subsequent revisions shall contain the ratio of the substances for which the EQS have been established in accordance with paragraph 3. In addition to the name of the substances concerned, the reasons and grounds for the adoption of this approach should be specified, as well as the alternative NCA established, including the data and methodology from which it is based. has obtained the new NCA, the surface water categories to which it is applied and the frequency of the planned checks, together with the justification for this frequency.
6. The Ministry of the Environment and the Rural and Marine Environment shall notify the Commission and the other Member States, through the Committee referred to in Article 21 of Directive 2000 /60/EC, of the information obtained in accordance with paragraph 5 of this Directive. Article.
7. Without prejudice to the foregoing, the Ministry of the Environment, and the Rural and Marine Environment may request the competent bodies for the information referred to in paragraph 5 of this Article in order to respond to any report required.
8. The competent bodies may apply the EQS to sediments and biota in relation to the preferred substances listed in Annex II (A) and to the pollutants listed in Annex III. For such cases, the provisions of paragraphs 3, 4 and 5 of this Article shall apply.
9. The EQS established in accordance with this Article shall be approved in the relevant river basin management plan, including in the regulatory part thereof as provided for in Article 81 of the Hydrological Planning Regulation, approved by Royal Decree 907/2007 of 6 July 2007. Where appropriate for the proper protection of waters, the EQS shall be approved in accordance with the provisions of the fourth final provision.
Article 8. Analysis of long-term trends in sediment and biota.
1. The competent bodies shall provide for the analysis of the long-term trend towards concentrations of the priority substances and other pollutants listed in Annex I, paragraph A, as necessary for the analysis of the long-term trend. accumulation in sediments or biota; for this analysis, account shall be taken of substances number 2, 5, 6, 7, 12, 15, 16, 17, 18, 20, 21, 26, 28 and 30. The analysis shall be carried out by monitoring the status of the waters carried out in accordance with Article 92. ter of the Recast Text of the Law of Waters. Measures shall also be taken to ensure that such concentrations do not increase significantly in sediment or in biota.
2. For the preferred substances listed in Annex II (A), the competent bodies shall act in accordance with the terms laid down in paragraph 1 of this Article, taking into account, in particular, substances No 6, 7, 8, 9, 10 and 11 of that Annex.
3. The competent bodies shall determine the periodicity of the controls of sediments or biota in order to provide sufficient data for the analysis of the long-term trend. The monitoring shall have a minimum three-year frequency, unless the expertise and the opinion of the experts justify another interval.
Article 9. Technical specifications for chemical analysis and monitoring of water status.
The technical specifications of the chemical analysis for monitoring and evaluation of the status of water, sediment and biota as well as the standards to demonstrate the quality of the analytical results will be collected in Annex V to this royal decree and shall be construed as minimum operating criteria.
CHAPTER III
Mix zones
Article 10. Exceeding the Environmental Quality Standards in the mixing zones.
1. The competent bodies may designate mixing zones adjacent to the landfill sites.
2. Within a mixing zone, the concentrations of one or more substances listed in Annex I, paragraph A, may exceed the EQS provided that the remaining surface water mass continues to comply with those standards.
3. The river basin management plan, as well as its subsequent revisions, shall contain a description of the approaches and methods taken into account to define the mixing zones within its scope; it shall also contain a the measures taken with a view to reducing the extent of the mixing zones in the future. The measures provided for in Article 42 (1) (g) (f) of the recast of the Water Act and the revision of the authorisations granted in accordance with Article 22 of Law 16/2002 of 1 January 2002 are appropriate for such purposes. (a) July, integrated prevention and control of pollution or the review of authorisations granted in accordance with the previous legislation; such reviews shall take into account the provisions of Article 42 (1) (g) (d) of the recast text of the Law of Waters.
4. The mixing zones to be established shall have an extension which shall be limited to the vicinity of the point of discharge and shall be provided on the basis of concentrations of pollutants at the point of discharge, subject to the conditions laid down in the the relevant discharge authorisation and any other relevant legislation, in accordance with the application of the best available techniques.
5. Within a mixing zone, the concentrations of one or more substances listed in Annex II, paragraph A or the pollutants listed in Annex III, may exceed the EQS provided that the remainder of the surface water mass continues to comply those rules. For such cases, the provisions of paragraphs 3 and 4 of this Article shall apply.
CHAPTER IV
Inventory of emissions, discharges and losses
Article 11. Inventory processing.
1. The competent bodies shall draw up an inventory, including at least maps, of the emissions, discharges and losses of the priority substances and other pollutants listed in Annex I (A) to this Royal Decree.
2. The inventory shall be referred to or part of a hydrographic demarcation and shall include, where appropriate, its concentrations in sediments and biota. For its preparation, account shall be taken of the different data obtained in accordance with the provisions of Article 42.1.b) and d) of the recast of the Water Act, the national landfill census, in the provisions of Royal Decree 508/2007, 20 of April, which regulates the provision of information on emissions from the E-PRTR Regulation and integrated environmental authorisations, as well as other data that are available.
3. The reference period for the estimation of the pollutant values to be included in the inventories shall be one year between 2008 and 2010.
4. However, the entries for the substances in Annex I to this royal decree which are covered by Council Directive 91 /414/EEC of 15 July 1991 concerning the placing of plant protection products on the market, may calculated as the average for the years 2008, 2009 and 2010.
5. The river basin management plan, as well as its subsequent revisions, shall contain the most up-to-date inventory available to the competent authority of each Hydrographic Demarcation, prepared in accordance with the above paragraphs and specifications. provided for in Article 15 of the Hydrological Planning Regulation, approved by Royal Decree 907/2007 of 6 July 2007.
6. The competent bodies shall also draw up an inventory containing at least maps of the emissions, discharges and losses of the substances listed in Annex II, paragraph A, as well as of the pollutants listed in the Annex. III of this royal decree on which the NCA has been established. The drawing up of this inventory shall be carried out in accordance with paragraphs 1 to 5 of this Article.
7. The competent bodies shall inform the Ministry of the Environment, and the Rural and Marine Environment of the inventories drawn up in accordance with the above paragraphs, updating that information at least once every three years.
8. Without prejudice to the above, the Ministry of the Environment and the Rural and Marine Environment may request the competent bodies to provide information on the inventories drawn up in accordance with paragraphs 1, 2, 3 and 4 of this Article in order to respond to any report that is required for you.
Article 12. Updating the inventory of emissions, discharges and losses.
1. The competent bodies shall update their inventories so as to be taken as the reference period for the establishment of securities the year before the year in which the analysis is to be completed.
2. However, the entries for the substances in Annex I to this royal decree which are covered by Council Directive 91 /414/EEC of 15 July 1991 may be calculated as the average of the three years preceding the year of the completion of that analysis.
Article 13. Inventory communication to the European Commission.
The Ministry of the Environment, and the Rural and Marine Environment, shall communicate to the Commission the inventories prepared in accordance with paragraphs 1 to 5 of Article 11 and in Article 12 of this royal decree, including the corresponding reference periods, as provided for in Article 41.6 of the recast text of the Water Act, approved by Royal Legislative Decree 1/2001 of 20 July.
CHAPTER V
Cross-border pollution
Article 14. Exceeding the Environmental Quality Standards for transboundary pollution.
1. Failure to comply with the NCA's compliance with this royal decree shall not be considered, provided that it can be demonstrated:
(a) That the excess is due to a source of contamination located outside the national territory,
b) That as a result of this cross-border contamination, the competent body could not take effective action to comply with the relevant EQS,
(c) The coordination mechanisms established in the additional thirteenth provision of the recast of the Water Act were applied in order to ensure the quality objectives set out in Articles 36, 37 and 38 Royal Decree 907/2007 of 6 July 2007 for bodies of water affected by transboundary pollution.
2. The river basin management plans, as well as their subsequent reviews, shall include the necessary information from the circumstances set out in paragraph 1 and a summary of the measures taken in relation to cross-border pollution.
3. In the case of the establishment of NCA in sediment or biota for certain substances, the exceedance of these EQS by transboundary pollution shall also be governed by paragraphs 1 and 2.
4. Without prejudice to paragraph 2, the Ministry of the Environment and the Rural and Marine Environment may request the competent bodies for the information referred to in this Article in order to respond to any report required.
Additional disposition first. Technical guidelines for the development of this royal decree.
For the implementation of certain aspects of this royal decree, the technical guidelines to be established by the European Commission should be taken into account. These guidelines will be received by the Ministry of the Environment, the Rural and Marine Environment, to whom the dissemination of these guidelines will be carried out by the different competent bodies through the Committee of Competent Authorities of each Demarcation.
Additional provision second. Concept of hazardous substance.
For the purposes of the application of the obligations arising from the protection of surface waters against dangerous substances provided for in the Regulation of Public Hydrological Domain approved by Royal Decree 849/1986 of 11 of April, and in the Regulations of Hydrological Planning, approved by Royal Decree 907/2007, of July 6, will be understood as dangerous substances to all the substances contained in the Annexes I and II of this royal decree.
During the period of validity of Council Directive 76 /464/EEC of 4 May on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (the provision repealed by the (codified version of Directive 2006 /11/EC), the substances listed in Annex I to this royal decree correspond to List I and List II priority, and the substances in Annex II correspond to the list of preferential lists set out in the Annex hereto. IV of the Hydrological Planning Regulation cited above.
First repeal provision. Immediate regulatory repeal.
Without prejudice to the provisions of the second repeal provision, the entry into force of this royal decree shall be repealed as many provisions of equal or lower rank shall be contrary to the provisions of this royal decree, and in particular:
(a) Annexes I, II and III to Law 22/1988 of 28 July, of the coast of the coast.
(b) Royal Decree 995/2000 of 2 June fixing quality objectives for certain pollutants and amending the Regulation of the Public Hydraulic Domain approved by Royal Decree 849/1986 of 11 September 2000. April.
(c) Sections B and C of Annex I and Annex II to Royal Decree 258/1989 of 10 March laying down general rules on discharges of dangerous substances from land to sea.
(d) Article 26.6 of the Hydrological Planning Regulation, approved by Royal Decree 907/2007 of 6 July 2007.
(e) Section B of Annexes II to XVI, Section C of Annex II and Annexes IV to XVI, and Section D of Annex II to the Order of 12 November 1987 on emission standards, quality objectives and methods of measurement reference to certain harmful or dangerous substances contained in waste water discharges.
(f) Sections B and C of Annexes II to XVI and Section D of Annexes II to XII of the Order of 31 October 1989 laying down emission standards, quality objectives, methods of measurement of reference and control procedures relating to certain dangerous substances contained in discharges from land to sea.
Repeal provision second. Deferred regulatory repeal.
The following provisions will be repealed with effect from 22 December 2012:
(a) The Order of 12 November 1987 on emission standards, quality objectives and reference measurement methods for certain harmful or hazardous substances contained in waste water discharges.
(b) The Order of 31 October 1989 laying down emission standards, quality objectives, reference measurement methods and control procedures for certain dangerous substances contained in the discharges from land to sea.
(c) Annex I to Royal Decree 258/1989 of 10 March laying down general rules on discharges of dangerous substances from land to sea.
As of 22 December 2013, Annex IV of the Hydrological Planning Regulation, approved by Royal Decree 907/2007, will be repealed on 6 July.
Final disposition first. Competency enablement.
This royal decree has the character of basic environmental protection legislation, in accordance with the provisions of Article 149.1.23. of the Constitution.
Final disposition second. Incorporation of European Union law.
This royal decree incorporates into Spanish law Directive 2008 /105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards (EQS) in the field of water policy; and Commission Directive 2009 /90/EC of 31 July 2009 laying down, in accordance with Directive 2000 /60/EC of the European Parliament and of the Council of 23 October 2000, the technical specifications for chemical and chemical analysis monitoring of the state of the waters. Similarly, paragraph 1.2.6 of Annex V to Directive 2000 /60/EC of the European Parliament and of the Council of 23 October 2000 establishing a Community framework for action in the field of water policy is incorporated.
Final disposition third. Regulatory enablement.
The Minister of the Environment, and the Rural and Marine Environment are empowered to modify the annexes contained in this royal decree to adapt to the provisions of the Community legislation, as well as to dictate the implementing rules that will result necessary for the correct application of the provisions contained in this royal decree.
Final disposition fourth. Other state-wide NCA.
In the event that it is convenient for the proper protection of the waters the establishment of other EQS other than the ones collected in this royal decree, applicable to the entire Spanish territorial scope, the Minister of the Middle Environment, and the Rural and Marine Environment, after consulting the Autonomous Communities, may modify the Annexes contained in this royal decree to incorporate these EQS.
Final disposition fifth. Entry into force.
This royal decree will enter into force on the day following its publication in the "Official State Gazette".
Given in Madrid, on January 21, 2011.
JOHN CARLOS R.
The Minister for the Environment, and the Rural and Marine Environment,
ROSA AGUILAR RIVERO
ANNEX I
Environmental Quality Standards for Priority Substances and for Other Pollutants
Section A. Environmental Quality Standards (NCA)
MA: annual mean; CMA: maximum permissible concentration; Unit: [g/l].
|
| (2) | (3) | (4) | (5) | (6) | (7) | ||||
|---|---|---|---|---|---|---|---|---|---|---|
|
| Substance | Name of the substance | CAS(a) | NCA-MA(b) | NCA-MA(b) | NCA-CMA(d) Continental surface waters(c) | NCA-CMA(d) | |||
|
1) |
| Alachoro | 15972-60-8 | 0.3 | 0.3 | 0.7 | 0.7 | |||
|
2) | * | 120-12-7 | 0.1 | 0.1 | 0.4 | |||||
|
| 1912-24-9 | 0.6 | 0.6 | 2.0 | 2.0 | |||||
| (4) |
| benzene | 71-43-2 | 10 | 8 | 50 | 50 | |||
|
| * | (e | (e) | (e) | (e) | 32534-81-9 | 0.0005 | 0.0002 | not applicable |
not applicable |
|
| * cadmium and its compounds (depending on water hardness classes)(f) |
7440-43-9 | ≤ 0.08 (Class 1) | 0.2 | ≤ 0.45 (Class 1) | ≤ 0.45 (Class 1) | ||||
| 0.08 (Class 2) | 0.45 (Class 2) | 0.45 (Class 2) | ||||||||
|
(Class 3) | 0.6 (Class 3) | 0.6 (Class 3) | ||||||||
| 0.15 (Class 4) | 0.9 (Class 4) | 0.9 (Class 4) | ||||||||
| 0.25 (Class 5) | 1.5 (Class 5) | 1.5 (Class 5) | ||||||||
|
(6a) |
| Carbon tetrachloride(l) (g) | 56-23-5 | 12 | 12 | not applicable | (7) |
| ( ) | chloch_table 10-13 |
| 85535-84-8 | 0.4 | 0.4 | 1.4 | |||||||
|
(8) |
| Chlorfenvinfos | 470-90-6 | 0.1 | 0.1 | 0.3 | ||||
| (9) |
| chlorpyrifos(l) (chlorpyrifos ethyl) |
| 0.03 | 0.03 | 0.1 | 0.1 | |||
| (9 bis) |
| Cyclodiene-type Pesticides |
| Σ = 0.01 | applicable | not | not applicable | |||
| Aldrin(g) | 309-00-2 | |||||||||
|
| (g) | 60-57-1 | ||||||||
|
| Endrin(g) | 72-20-8 | ||||||||
|
| (g) | 465-73-6 | ||||||||
| (9ter) |
| total DDT(g) (h) |
0.025 | 0.025 | not applicable | not applicable | ||||
| , p '-DDT(g) | 50-29-3 | |||||||||
|
| 0.01 | 0.01 | not applicable | not applicable | ||||||
|
(10) |
| 1,2-Dichloroethane(l) | 107-06-2 | 10 | 10 | not applicable | not applicable | |||
|
| Dicloromethane | 75-09-2 |
20 | not applicable | not | |||||
| not applicable | ||||||||||
|
| Di (2-ethylhexyl) phthalate (DEHP) | 117-81-7 | 1.3 | 1.3 | not applicable | not applicable | ||||
|
(13) |
|
(l) | 330-54-1 | 0.2 | 0.2 | 1.8 | 1.8 | |||
|
| Endulfan | 115 -29-7 | 0.0005 | 0.0005 | 0.01 | 0.004 | ||||
|
| (15) |
| Fluoranthene(k) |
206-44-0 | 0.1 | 0.1 | 1 | 1 | ||
|
(16) | * | Hexachlorobenzene(l) | 118-74-1 | 0.01(i) | (i | 0.05 | 0.05 | |||
| (17) |
| Hexachlorobutadiene | 87-68-3 | 0.1(i) | 0.1(i) | 0.6 | ||||
| (18) | * | Hexachlorocyclohexane | 608-73-1 | 0.02 |
0.04 | 0,02 | ||||
| (19) | (19) |
| Isoproturon(l) | 34123-59-6 | 0.3 | 0.3 | 1 | 1 | ||
|
20) |
| Lead and its composites | 7439-92-1 |
7.2 | 7.2 | not applicable | not applicable | |||
|
(21) | * | Mercury and its composites | 7439-97-6 |
(i) | 0.05(i) | 0.07 | 0.07 | |||
|
(22) |
|
91-20-3 | 91-20-3 | 1.2 | not applicable | not applicable | ||||
| applicable | ||||||||||
|
|
| Nickel and its composites | 7440-02-0 | 20 | 20 | not applicable | not applicable | |||
|
(24) | * |
25154-52-3 | 0.3 | 0.3 | 2 | 2 | ||||
|
104-40-5 | 0.3 | 0.3 | 2 | 2 | ||||||
|
(25) |
| Octylphenol {[4-(1,1 ', 3,3'-tetramethylbutyl) phenol]} | 140-66-9 | 0.1 | 0.01 | not applicable | not applicable | |||
|
| Pentachlorobenzene | 608-93-5 | 0.0007 | 0.0007 | not applicable | not applicable | ||||
|
27) |
|
87-86-5 | 0.4 | 0.4 | 1 | |||||
| * | Polycyclic Aromatic Hydrocarbons (PAH)(j) | not applicable | not applicable | not applicable | not applicable | not applicable | ||||
| Benzo (a) pyrene | 50-32-8 | 0.05 | 0.05 | 0.1 | 0.1 | |||||
|
* | Benzo (b) fluoranthene | 205-99-2 | Σ = 0.03 | Σ = 0.03 |
not | not applicable | ||||
| Benzo (k) fluoranthene | 207-08-9 | |||||||||
|
* | Benzo (g, h, i) perylene | 191-24-2 | Σ = 0.002 | applicable | not | not applicable | ||||
|
| Indeno (1,2,3-cd) pyrene | 193-39-5 | ||||||||
|
| Simazine | 122-34-9 | 1 | 1 | 4 | 4 |
||||
| (29a) |
| Tetrachloroethylene(g) | 127-18-4 | 10 | 10 |
not applicable | not applicable | |||
|
(29 ter) |
|
Trichloroethylene(g) | 79-01-6 | 10 | 10 | not applicable | not applicable | |||
| not applicable | ||||||||||
|
(30) | * | Tributyltin Compounds (Cation of tributyltin) | 36643-28-4 | 0.0002 | 0.0002 | 0.0015 | 0.0015 | |||
| (31) |
|
12002-48-1 | 0.4 | 0.4 | not applicable | not applicable | ||||
|
(32) |
| 67-66-3 | 67-66-3 |
| 2.5 | 2.5 | not applicable | not applicable | ||
|
| Trifluralin | 1582-09-8 | 0.03 | 0.03 | not applicable | not applicable |
* Identified as a priority hazardous substance.
(a) CAS: Chemical Abstracts Service.
(b) This parameter is the environmental quality standard expressed as an annual average value (NCA-MA). Unless otherwise specified, it applies to the total concentration of all isomers.
(c) Continental surface waters include rivers and lakes and the masses of artificial or highly modified water.
(d) This parameter is the environmental quality standard expressed as the maximum allowable concentration (NCA-CMA). When NCA-CMA indicates 'not applicable', the NCA-MA values are considered to protect against short-term contamination peaks in the case of continuous discharges, as they are significantly lower than the values calculated on the basis of of acute toxicity.
(e) As regards the group of priority substances included in brominated diphenylethers (number 5), an NCA is established only for congeners numbers 28, 47, 99, 100, 153 and 154.
(f) As regards cadmium and its compounds (number 6), the values of the NCA vary according to the hardness of water according to five categories (Class 1: < 40 mg CaCO3/l, Class 2: 40 to < 50 mg CaCO3/l, Class 3: 50 to < 100 mg CaCO3/l, Class 4: 100 to < 200 mg CaCO3/l and Class 5: ≥ 200 mg CaCO3/l).
(g) This substance is not a priority substance but one of the "other pollutants" for which the EQS are identical to those laid down in the legislation applicable before the adoption of the Directive. 2008 /105/EC.
(h) Total DDT includes the sum of isomers 1,1,1-trichloro-2,2-bis-(p-chlorophenyl)-ethane (n. º CAS 50 29 3; n. EU 200 024 3); 1,1,1-trichloro-2-(o-chlorophenyl) -2-(p-chlorophenyl)-ethane (n. º CAS 789 02 6; n. EU 212 332 5); 1,1-dichloro-2,2-bis-(p-chlorophenyl)-ethylene (n. CAS 72 55 9; n. EU 200 784 6); and 1,1-dichloro-2,2-bis-(p-chlorophenyl)-ethane (n. CAS 72 54 8; n. EU 200 783 0).
(i) If the competent organ of each Hydrographic Demarcation does not apply the NCA in the biota, it will introduce a more stringent NCA for the waters to achieve the same levels of protection as the NCA for the biota listed below. In Article 7, paragraph 1 of this royal decree. The Ministry of the Environment, and the Rural and Marine Environment shall notify the Commission and the other Member States, through the Committee referred to in Article 21 of Directive 2000 /60/EC of the European Parliament and of the Council of 23 October 2000, the reasons and rationale for adopting this approach, the alternative EQS established for the waters, including the data and methodology from which the alternative NCA has been obtained, and the water categories surface to which they will be applied.
(j) In the group of priority substances included in polycyclic aromatic hydrocarbons (PAHs) (number 28), each and every NCA is applicable, that is, the NCA has to be complied with for benzo (a) pyrene, the NCA for the sum of benzo (b) fluoranthene and benzo (k) fluoranthene, as well as the NCA for the sum of benzo (g, h, i) perylene and indeno (1,2,3 cd) pyrene.
(k) Fluoranthene is listed as an indicator of other, more dangerous polycyclic aromatic hydrocarbons.
Section B. Application of Environmental Quality Standards set out in Part A
1. Columns 4 and 5 of the table: a mass of surface water complies with the NCA-MA when the arithmetic mean of the measured concentrations different times during the year, at each representative control point of the water mass, does not exceed the standard.
The calculation of the arithmetic mean, the method of analysis used and, where an appropriate method of analysis is not available to meet the minimum performance criteria, the mode of application of the NCA shall comply with the acts implementing technical specifications for the technical control and quality of the analytical results, in particular those set out in Annex V.
2. Columns 6 and 7 of the table: a mass of surface water complies with the NCA-CMA when the measured concentration at any representative control point of the water mass does not exceed the standard.
However, the competent bodies may adopt statistical methods such as the calculation per percentile to ensure an acceptable level of confidence and accuracy in determining the compliance of NCAs.
3. With the exception of cadmium, lead, mercury and nickel (hereinafter referred to as 'metals'), the EQS set out in this Annex are expressed as total concentrations throughout the water sample. In the case of metals, the NCA refers to the dissolved concentration, i.e. in the dissolved phase of a water sample obtained by filtration through a membrane of 0.45 µ m or any other equivalent pretreatment.
When collating the results of the monitoring networks with the NCA, it may be taken into account:
(a) Natural background concentrations of metals and their compounds, in the event that they prevent the value set by the NCA, and
(b) hardness, pH or other water quality parameters affecting the bioavailability of metals.
4. Where the competent bodies choose to apply NCA in sediment or biota in accordance with Article 7, points 1 and 2 of this paragraph shall apply.
5. The Ministry of the Environment, and the Rural and Marine Environment, for the purpose of standardization and comparability of results, may develop methodological guidelines specifying and developing the procedures for implementing the NCAs. set out in paragraph A of this Annex I.
ANNEX II
Environmental Quality Standards for Preferred Substances
Section A. Environmental Quality Standards (NCA)
MA: annual average; Unit: [g/l].
| (2) | (3) | (4) | (5) | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
N. | Substance name | CAS(a) | NCA-MA(b) | NCA-MA(b) | |||||||||||
|
1) | Ethylbenzene | 100-41-4 | 30 | 30 | |||||||||||
| (2) | Toluene | 108-88-3 | 50 | 50 | |||||||||||
|
(3) | 1, 1, 1-Trichloroethane | 71-55-6 | 100 | 100 | |||||||||||
| (4) | Xileno (Σ isomers, meta, and for) | 1330-20-7 | 30 | 30 | |||||||||||
|
(5) | Terbutilazine | 5915 -41-3 |
1 | 1 | |||||||||||
|
(6) | Arsenic |
| 50 | 50 | 25 | (7) | |||||||||
| Copper(d) | 7440-50-8 | Water Dureza (mg/L CaCO3) | NCA-MA | 25 | |||||||||||
|
CaCO3 ≤ 10 | 5 |
||||||||||||||
|
< CaCO3 ≤ 50 | 22 | ||||||||||||||
| 50 < CaCO3 ≤ 100 | 40 | ||||||||||||||
| 120 | |||||||||||||||
| (8) |
Chromium VI | 18540-29-9 | 5 | 5 | |||||||||||
| 9) | Cromo |
| not applicable | ||||||||||||
| (10) | Selenium | 7782-49-2 | 10 | ||||||||||||
| Zinc(d) |
7440-66-6 | Water Dureza (mg/L CaCO3) | NCA-MA | ||||||||||||
| 30 | |||||||||||||||
|
< CaCO3 ≤ 50 | 200 | ||||||||||||||
|
50 < CCO3 ≤ 100 | 300 | ||||||||||||||
| CaCO3 > 100 | 500 | ||||||||||||||
| Total Cianides |
| 40 | (13) |
40 | 40 | 40 | 16984-48-8 | 1700 | not applicable | ||||||
| (14) | Chlorobenzene |
108-90-7 | 20 | not applicable | |||||||||||
|
(15) |
Diclorobenzene (ortho isomers, meta and para) | 25321-22-6 | 20 | not applicable | |||||||||||
|
(16) |
51218-45-2 | 1 | not applicable | ||||||||||||
(a) CAS: Chemical Abstracts Service.
(b) This parameter is the environmental quality standard expressed as an annual average value (NCA-MA).
(c) Continental surface waters include rivers and lakes and the artificial or highly modified water masses.
(d) As far as these substances are concerned, the values of the NCA in continental surface waters vary according to the hardness of water according to four categories.
Section B. Application of the Environmental Quality Standards set out in Section A
1. Columns 4 and 5 of the table: a mass of surface water complies with the NCA-MA when the arithmetic mean of the measured concentrations different times during the year, at each representative control point of the water mass, does not exceed the standard.
The calculation of the arithmetic mean, the method of analysis used and, where an appropriate method of analysis is not available to meet the minimum performance criteria, the mode of application of the NCA shall comply with the acts implementing technical specifications for the technical control and quality of the analytical results, in particular those set out in Annex V.
2. With the exception of arsenic, copper, chromium, selenium and zinc (hereinafter referred to as 'metals'), the EQS set out in this Annex are expressed as total concentrations throughout the water sample. In the case of these substances, the NCA refers to the dissolved concentration, i.e. in the dissolved phase of a water sample obtained by filtration through a membrane of 0.45 µ m or any other equivalent pretreatment.
When collating the results of the monitoring networks with the NCA, it may be taken into account:
(a) the natural background concentrations of metals and their compounds, in the event that they prevent the value set by the NCA, and
(b) hardness, pH or other water quality parameters affecting the bioavailability of metals.
3. Where the competent bodies choose to apply NCA in sediment or biota in accordance with Article 7, points 1 and 2 of this paragraph shall apply.
4. The Ministry of the Environment, and the Rural and Marine Environment, for the purpose of standardization and comparability of results, may develop methodological guidelines specifying and developing the procedures for implementing the NCAs. set out in paragraph A of this Annex II.
ANNEX III
Pollutant substances ratio
1. Organohalogenated compounds and substances which may give rise to compounds of this kind in the aquatic environment.
2. Organophosphorus compounds.
3. Organotin compounds.
4. Substances and preparations, or products derived therefrom, whose carcinogenic, mutagenic or potential properties may affect the thyroid, steroidogenic, reproduction or other endocrine functions in the aquatic environment or through the aquatic environment are demonstrated.
5. Persistent hydrocarbons and persistent and bioaccumulative toxic organic substances.
6. Cyanides.
7. Metals and their compounds.
8. Arsenic and its compounds.
9. Biocidal products and plant protection products.
10. Materials in suspension.
11. Substances that contribute to eutrophication (particularly nitrates and phosphates).
12. Substances that exert an unfavorable influence on the oxygen balance (and computables by parameters such as DBO or COD).
ANNEX IV
Procedure for establishing the NCA
To establish the NCA in waters, sediment or biota, it shall be performed in accordance with the following provisions.
1. Where possible, data shall be obtained, both on a timely basis and for a prolonged period of time, with respect to the taxa mentioned below, provided that they are relevant for the category and type of water bodies, as of other aquatic taxa whose data is available.
The taxa base set consists of:
Algae or macrophytes.
whether or not they are representative of the salt water.
Fish.
Appropriate safety factors shall be determined in line with the nature and quality of the data available, with the indications given in point 3.3.1 of Part II of the " Technical guidance document in support of the Commission Directive 93 /67/EEC of 20 July 1993 on the assessment of the risk of new notified substances and of Commission Regulation (EC) No 1488/94 of 28 June 1994 on the risk assessment of substances In Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December on the registration, assessment and authorisation of chemical substances, as well as the restrictions on these substances (REACH), establishing a European Chemicals Agency; or in any other document which replace it with the security factors set out in the following table:
|
| Security Factor | |
|---|---|---|
|
less one-time L (E) C50 of each of the three trophic levels of the base set | 1000 | |
|
A prolonged NOEC (fish or either a representative body of the salty waters) | 100 | |
| Two prolonged NOEC of species representing two trophic levels (fish and/or a representative body of the salt water and/or algae) | 50 | |
|
NOEC of at least three species (typically ichthyological fauna, Nia or a representative organism of the salty waters and algae) representing three trophic levels |
10 | |
|
Other cases, including field data or model ecosystems, that allow the calculation and application of more precise security factors | Case by case |
L (E) C50: lethal or effective mean concentration. NOEC: concentration of effects not observed.
2. In the event that data on persistence and bioaccumulation are available, they shall be taken into account when deriving the final value of the NCA.
3. The NCA thus derived should be compared with the possible evidence from field studies. In the event that failures appear, the derivation should be reviewed in order to calculate a more precise security factor.
4. The resulting NCA shall be subject to a critical examination of experts and to public consultation with a view, inter alia, to enable the calculation of the most accurate safety factor.
ANNEX V
Technical specifications for chemical analysis
1. Methods of analysis:
(a) The methods of chemical analysis, including the field and laboratory methods used for the assessment of the results of the control networks established for the monitoring of the state referred to in the Article 42.1.d) of the recast of the Water Act, and in particular of the substances listed in Annexes I, II and III, shall be validated and documented in accordance with EN ISO/IEC-17025 or other accepted equivalent standards internationally.
(b) All methods of analysis applied shall be based on a measurement uncertainty of 50% or less (k= 2) estimated at the level of NCAs and a limit of quantification equal to or less than 30% of the relevant EQS.
(c) In the absence of a relevant NCA for a given parameter, or in the absence of an analysis method that meets the criteria of point 1.b), the analyses shall be carried out in accordance with the best available techniques which do not entail costs. disproportioned.
2. Calculation of average values:
(a) If the measured quantities of the physico-chemical or chemical parameters of a given sample are below the limit of quantification, the measurement results shall be set at half the value of the limit of quantification for the calculation of the average values.
(b) If an average calculated value of the measurement results referred to in paragraph (a) is less than the limit of quantification, the value shall be considered to be 'less than the limit of quantification'.
(c) Point 2.a) shall not apply to parameters which are total sums of a given group of physico-chemical or chemical parameters, including their relevant metabolisation, degradation and reaction products. In such cases, the results below the limit of quantification of the various substances shall be set to zero.
3. The laboratories, in the interest of the quality assurance and control of their results:
(a) Apply quality management practices in accordance with EN ISO/IEC-17025 or other internationally accepted equivalent standards.
(b) They must demonstrate their capabilities for the analysis of the corresponding physicochemical or chemical parameters by:
I. Participation in aptitude test programmes comprising the methods of analysis referred to in point 1.a of this Annex at levels of concentration which are representative of the water monitoring programmes.
II. Analysis of available reference materials that are representative of the samples collected at the appropriate levels of concentration in relation to the relevant EQS.
(c) The aptitude test programmes referred to in point 3.b). I of this Annex shall be organised by accredited organisations or nationally or internationally recognised organisations which meet the requirements of the ISO/IEC 43-1 guidance or other internationally accepted equivalent standards.
The results of participation in those control programmes shall be evaluated according to the scoring systems set out in the ISO/IEC 43-1 guide, in the ISO-13528 standard or in any other internationally accepted equivalent standard.
