Royal Decree 60/2011, From January 21, The Standards Of Environmental Quality In The Field Of Water Policy.

Original Language Title: Real Decreto 60/2011, de 21 de enero, sobre las normas de calidad ambiental en el ámbito de la política de aguas.

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The adoption of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000, by which establishes a framework for Community action in the field of water policy has meant, among other things, the beginning of a new way to design a strategy that can fight against the contamination of the water in a more complete and effective way.

Specifically, in accordance with articles 4 and 16 of Directive 2000/60/EC, establishes the obligation to apply the measures to progressively reduce discharges, emissions and losses of priority substances and ceasing or phasing out emissions, discharges and losses of priority hazardous substances.

As one further step of the strategy for the protection of the waters, and pursuant to article 16 of this standard, approved Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on standards of environmental quality (NCA) in the field of water policy. Its aim is to establish standards of environmental quality for priority substances and other pollutants, in order to achieve a good chemical status of surface waters.

As a complement to regulation established to date in relation to the monitoring of the chemical status of the waters, has been adopted directive 2009/90/EC of the Commission of July 31, 2009, which lays down, pursuant to Directive 2000/60/EC, technical specifications of chemical analysis and the monitoring of the status of waters.

The present Royal Decree intended to transpose all the aspects contained in Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008.

Also incorporates the technical requirements on chemical analysis set out in Directive 2009/90/EC of the Commission of 31 July 2009, i.e. the minimum criteria which must apply to the methods of analysis for the monitoring of the status of waters, sediments and organisms, as well as the rules aimed to demonstrate the quality of analytical results. In this way both legislative texts are incorporated into Spanish domestic.

The need to transpose both directives has been an opportunity to adapt the current Spanish legislation on dangerous substances to the new obligations arising from Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000. In particular, this circumstance has tapped to adapt part of Spanish legislation which transposes directive 76/464/EEC of the Council of 4 may, on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (provision repealed by the encoded version of title directive 2006/11/EC), as well as the Spanish legislation which transposes the directives of Directive 76/464/EEC of the Council , 4 May.

With the development of new Community legislation on dangerous substances will have gone by abolishing progressively different obligations in Directive 76/464/EEC of 4 may, in accordance with the deadlines laid down in Directive 2000/60/EC, of 23 October, and Directive 2008/105/EC, of 16 December; so the complete repeal will take place on December 22, 2013. The transitional period is rather long, 13 years, during which coexist two legislative frameworks that regulate closely related topics. This circumstance has forced to incorporate the requirements arising from the new legislation of a rational and coherent way and at the same time maintain the previous, without this implied empty legal contradiction, duplicity, or indeterminate. One of the essential elements of Directive 76/464/EEC was the distinction between substances of list I and II, differentiation in the provisions on the protection of groundwater against dangerous substances provided for in the regulation of public water domain approved by the Royal Decree 849/1986 of 11 April, and the regulation of hydrological planning approved by Royal Decree 907/2007, of July 6. This Royal Decree establishes the measures to be applied during the transition period in which coexist both frameworks on hazardous substances.

This object updates the Spanish legislation that collects on the selected priority substances environmental quality standards to present a significant risk to surface waters in Spanish due to their special toxicity, persistence and bioaccumulation or the importance of its presence in the aquatic environment. In this way, strengthened the provisions contained in the Royal Decree 995/2000, 2 June, laying the quality objectives for certain polluting substances; and sections B and C of annex I and annex II of Royal Decree 258/1989, 10 March, which establishes the general rules on discharges of dangerous substances from land to sea. The incorporation of both texts to this Royal Decree allows repeal both provisions simplifying this way current regulations.

Finally, this Royal Decree incorporates into Spanish law the section 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 EQs for pollutants in water, sediment or biota is defined in that annex. This procedure should be applied to obtain the NCA of relevant pollutants of each river basin.

In short, this Royal Decree aims to establish EQs for priority substances and other contaminants of risk at European level; and for priority substances of risk at the State level. Also includes technical specifications of chemical analysis and the monitoring of the status of waters, and fixed the procedure for calculating the NCA of pollutants with the aim of achieving a good status waters.

The articles contains a wide catalogue of definitions relating to the matter in the text first. Then settle the EQs for priority substances, the preferred and for relevant pollutants within the basin. Also establishes the possibility of that competent authorities can set NCA for sediments or biota in certain categories of body of water. In addition forces to monitor trends in the concentration in order to assess the impact of the anthropogenic long-term activity.

Application of provisions in own Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008, the competent organs may designate mixing zones adjacent to points of discharge where concentrations of pollutants may exceed the NCA provided that compliance with these rules is not compromised in the rest of the body of water. In addition they shall draw up an inventory of emissions, discharges and losses of priority substances and other pollutants.

This Royal Decree is pronounced in development of articles 92, 92 bis, 108 bis and the second final disposition of the consolidated text of the Water Act, approved by Royal Legislative Decree 1/2001, of 20 July, which empowers the Government to issue regulations requiring their development and application.

On the other hand, the additional provision ninth law 22/1988, of 28 July 1988, coasts, incorporated by Act 42/2007, of December 13, Natural Heritage and biodiversity, in its paragraph 6 establishes that the Government may modify or expand the ratio of substances, the quality objectives, the methods of action and control procedure contained in annexes I , II and III, by which this Royal Decree has the proper legal authorization.

This Royal Decree has been informed by the Advisory Council on the environment and the national water Council. In processing the autonomous communities and the organizations representing the sectors concerned have been consulted and you have been subjected to public information.

By virtue, on the proposal of the Minister of the environment, and Rural and marine, according to the Council of State and after deliberation by the Council of Ministers at its meeting of January 21, 2011, available: chapter I General rules article 1. Object.

This Royal Decree is intended to: 1. establish standards of environmental quality (EQs) for priority substances and other pollutants listed in annex I in order to achieve a good chemical status of surface waters.

2 to establish EQs for priority substances listed in annex II and set the procedure to calculate the NCA does not set out in annexes I and II of the pollutants of annex III in order to achieve a good ecological status of surface waters or a good ecological water potential, where appropriate.

Article 2. Scope of application.

The EQs laid down in Royal Decree are understood as minimum standards and shall apply to all surface water defined in article 3.

Article 3. Definitions.

For the purposes of this Royal Decree refers to: 1. inland waters: all waters on the surface of the soil, as well as all groundwater on the landward side of the line that serves as a basis for measuring the breadth of territorial waters.


2. coastal water: surface water on the landward side of a line every point within a distance of one nautical mile seaward side from the nearest point of the baseline from which to measure the breadth of territorial waters and extending, where appropriate up to the outer limit of transitional waters.

3. transitional waters: bodies of water surface near the mouths of the rivers and are partially saline as a result of their proximity to coastal waters, but receiving a notable influence of freshwater flows.

4. surface water: inland waters, except groundwater; transitional waters and coastal waters, and, in what refers to the chemical state, also the territorial waters.

5. inland surface waters: all standing or flowing water on the surface of the Earth that do not fall within the categories of coastal waters and transitional waters. They include rivers and lakes and artificial or heavily modified water bodies assimilated to these categories.

6. underground waters: all waters that are under the surface of the ground in the saturation zone and in direct contact with the ground or subsoil.

7 biota: a set of living beings coexisting in a particular aquatic ecosystem.

8. good ecological condition: status of a body of surface water whose biological quality indicators show low levels of distortion caused by human activity, deviating only slightly the values normally associated with capacities of the corresponding body type. The hydromorphological indicators are consistent with the achievement of these values and physico-chemical indicators comply with ranges or limits which ensure the functioning of the type-specific ecosystem and the achievement of the values of the biological indicators. In addition concentrations of pollutants, other than those included in annex I, the NCA marks and in particular preferred substances meet the EQs laid down in annex II of this Royal Decree.

9 good chemical status of surface waters: the status of a body of surface water that meets the EQs laid down in annex I of this Royal Decree, as well as other relevant Community legislation setting environmental quality standards.

10. good ecological potential: State of a body of water very artificial or modified whose biological quality indicators show slight changes in comparison with the values corresponding to the most closely comparable body type. The hydromorphological indicators are consistent with the achievement of these values and physico-chemical indicators are within the ranges of values which guarantee the functioning of the ecosystem and the achievement of the values of the biological indicators specified above. In addition concentrations of pollutants, other than those included in annex I, the NCA marks and in particular preferred substances meet the EQs laid down in annex II of this Royal Decree.

11. contamination: the introduction direct or indirect, as a result of human activity, of substances or energy into the air, water or soil, that can be harmful to human health or the quality of aquatic ecosystems or terrestrial ecosystems directly depending on aquatic ecosystems, and cause damage to material goods or damage or hinder the enjoyment and other legitimate environmental uses.

12. contaminant: any substance that can cause pollution and, in particular, the contained in annex III of this Royal Decree.

13. uncertainty of measurement: non-negative parameter associated with analytical results that characterizes the dispersion of the quantitative values attributed to a measurand, based on the information used.

14. limit of detection: on a determination Analytics, value of concentration or output signal above which it can be said, with a stated level of confidence, that a sample is different from a sample blank, meaning white that dissolution which does not contain the analyte of interest.

15. limit of quantitation: 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 pattern or adequate sample and can be obtained from the lower calibration point in the calibration curve, excluding the value of the target.

16. standard of environmental quality (NCA): concentration of a particular pollutant or group of pollutants in water, sediment or biota which should not be exceed for the sake of the protection of human health and the environment. This threshold can be expressed as a maximum allowable concentration (EQs-CMA) or mean annual (NCA-MA).

17. competent authority: every one of the watershed, for inland surface waters including in river basins which exceed the territory of an autonomous community, and the autonomous communities, for inland river basins covered surface waters entirely within the respective territory, as well as for coastal waters and transitional.

18. sediment: solid organic material or mineral in the form of particles, grains or small blocks, deposited on the bed of a surface water body.

19. preferential substance: presenting a significant risk to surface waters in Spanish due to their special toxicity, persistence and bioaccumulation or the importance of its presence in the aquatic environment-polluting. The list of priority substances listed in annex II of this Royal Decree.

20 priority substance: substance that presents a significant risk to the aquatic community, or through it, including such risks to waters used for the abstraction of drinking water, and regulated by article 16 of Directive 2000/60/EC, of the European Parliament and of the Council of 23 October 2000. These substances are priority hazardous substances. The list of priority substances listed in annex I of this Royal Decree.

21 mixing zone: area adjacent to a point of dumping where the concentrations of the different constituents of the same may not apply the complete of the effluent mixing scheme and the receiving environment.

Chapter II article 4 environmental quality standards. Application of environmental standards for priority substances and other pollutants.

The required EQs for priority substances and other contaminants will be, at most, pick-ups in annex I, paragraph A, and shall apply in accordance with Annex I, section B.

Article 5. Application of environmental standards for priority substances.

The required EQs for priority substances will be, at most, pick-ups in annex II, section A, and shall apply in accordance with annex II, section B.

Article 6. Application of environmental standards for the pollutants of annex III.

1. the competent bodies must be identified, the specific pollutants discharged in significant quantities included in annex III, and not contained in annexes I and II, in order to establish the NCA pursuant to the procedure laid down in annex IV. The proposed EQs should provide the same level of protection throughout the river basin.

2. the established NCA pursuant to this article shall be adopted in the relevant river basin management plan included in the normative part of it in accordance with article 81 of the regulation of hydrological planning, approved by Royal Decree 907/2007, of July 6.

3. the river basin management plans, as well as its subsequent revisions, will contain the list of pollutants of annex III for which have established the NCA pursuant to this article as well as the relevant NCA adopted in their respective territorial areas, including, where appropriate, data and methodology from which such property has been obtained.

Article 7. Application of environmental standards in sediment or biota.

1. the competent bodies may choose to apply the NCA to sediments or biota, in certain categories of surface water, instead of the standards set out in annex I, paragraph A. In these cases, it will act in accordance with the provisions contained in paragraphs 2, 3, 4, 5 and 6 of this article.

2. the maximum NCA in biota will be as follows: Mercury and its compounds: 20 µg/kg; hexachlorobenzene: 10 µg/kg; hexachlorobutadiene: 55 µg/kg. These EQs shall apply to tissues expressed as wet weight of fish, molluscs, crustaceans and other biota, being able to choose the most suitable indicator taxonomic group in each case.

3. the NCA in sediment or biota for certain substances other than those referred to in paragraph 2 of this article, shall provide at least the same degree of protection as the EQs laid down in annex I, section 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 substances referred to in paragraphs 2 and 3, frequency of controls of sediment or biota must be at least, once a year, unless technical knowledge and expert opinion justify another interval.


5. the river basin management plans, as well as its subsequent revisions, will contain the list of substances for which the EQs have been established pursuant to paragraph 3. In addition to the name of the substances concerned, shall specify the reasons and the rationale which led to the adoption of this approach, as well as the alternative EQs established, including the data and methodology from which has obtained the new NCA, the categories of surface water to which it applies and the periodicity of checks planned together with the justification of this frequency.

6. the Ministry of environment and Rural and Marine Affairs shall notify the Commission and other States members, through the Committee referred to in article 21 of Directive 2000/60/EC, the information obtained in accordance with paragraph 5 of this article.

7. without prejudice to the foregoing, the Ministry of environment and Rural and Marine Affairs may request the competent bodies the information referred to in paragraph 5 of this article to respond to any report which is required.

8. the competent authorities may apply the NCA to sediments and biota in relation to priority substances listed in annex II, paragraph, and with the pollutants listed in annex III. For such cases it shall apply the provisions of paragraphs 3, 4 and 5 of this article.

9. the established NCA pursuant to this article shall be adopted in the relevant river basin management plan included in the normative part of it in accordance with article 81 of the regulation of hydrological planning, approved by Royal Decree 907/2007, of July 6. When it is convenient for the adequate protection of the waters the NCA shall be approved as provided for in the fourth final provision.

Article 8. Analysis of trends in the long term in sediment and biota.

1. the competent bodies shall provide the necessary so carry out the analysis of the long-term trend with respect to the concentrations of the priority substances and other pollutants listed in annex I, paragraph A, prone to the accumulation in sediment or biota; such analysis shall be taken into account in particular substances number 2, 5, 6, 7, 12, 15, 16, 17, 18, 20, 21, 26, 28 and 30. The analysis shall be carried out through the monitoring of water status carried out in the terms provided for in article 92. ter of the text revised of the water law. Measures to ensure that such concentrations do not significantly increase in sediment or biota will be also taken.

2. in relation to the priority substances listed in annex II, paragraph A, the competent bodies shall act in the terms set out in paragraph 1 of this article taking into account, in particular, substances number 6, 7, 8, 9, 10 and 11 of this annex.

3. the competent authorities will determine the periodicity of checks of sediments or biota to provide sufficient data for the analysis of the long-term trend. Monitoring should be a three-year minimum frequency, unless technical knowledge and the opinion of the experts justify another interval.

Article 9. Technical specifications of chemical analysis and the monitoring of the status of waters.

Technical specifications for chemical analysis for the monitoring and assessment of the State of the waters, sediments and biota as well as rules aimed to demonstrate the quality of analytical results, will be pick-ups in annex V of this Royal Decree and they be understood as minimum criteria of performance.

Chapter III article 10 mixing zones. Improvement of the environmental quality standards in mixed zones.

1. the competent authorities may designate mixing zones adjacent to points of discharge.

2. inside of a mixing zone, the concentrations of one or more substances listed in annex I, paragraph A, shall exceed the NCA whenever the rest of the body of surface water continues to meet those standards.

3. the river basin, as well as its subsequent revisions, plan will pick up a description of the approaches and methods that have been taken into account to define mixed zones contained in its scope; It will also collect a list of measures with the aim that in the future the extent of the mixing zones is reduced. (Means suitable for this purpose, the measures provided for in article 42, paragraph 1.g). f') of the text revised of the Water Act, as well as the review of authorisations granted in accordance with article 22 of the law 16/2002, of July 1, integrated prevention and control of pollution or the review of authorisations granted in accordance with the previous legislation; (such reviews will take into account the provisions of article 42, paragraph 1.g). d') of the text revised of the water law.

4 mixed zones to be established will have an extension that will be limited to the vicinity of the point of discharge and will be provided according to the concentrations of pollutants at the point of discharge, the conditions laid down in the corresponding discharge authorization and any other relevant legislation, in accordance with the application of best available techniques.

5. inside of a mixing zone, the concentrations of one or more substances listed in annex II, paragraph or of the pollutants listed in annex III, shall exceed the NCA whenever the rest of the body of surface water continues to meet those standards. For such cases, it shall apply the provisions of paragraphs 3 and 4 of this article.

Chapter IV inventory of emissions, discharges and losses article 11. Preparation of the inventory.

1. the competent authorities shall draw up an inventory, which will include, as a minimum, maps, of emissions, discharges and losses of priority substances and other pollutants listed in annex I, paragraph A, of the present Royal Decree.

2. the inventory will be referred to a river basin district or part of it, and shall include, where appropriate, their concentrations in sediment and biota. Its preparation shall take into account the different data obtained in accordance with the provisions of article 42.1. b) and d) of the text revised of the Water Act, the national census of discharges, the provisions of Royal Decree 508/2007, of April 20, which regulates the provision of information on emissions of the E-PRTR regulation and the integrated environmental permits as well as other data that are available.

3. the reference period for the estimation of pollutant values that must be included in the inventory, will have a duration of a year between 2008 and 2010.

4. However, the entries for the substances in annex I of this Royal Decree which are regulated by the Directive 91/414/EEC of the Council of 15 July 1991, concerning the placing of plant protection products, may be calculated as the average of the years 2008, 2009 and 2010.

5. the river basin management plan, as well as its subsequent revisions, will collect the most up-to-date inventory that is available to the competent authority of each river basin, made pursuant to the preceding paragraphs and specifications provided for in article 15 of the regulation of hydrological planning, approved by Royal Decree 907/2007, of July 6.

6. in addition, the competent bodies shall draw up an inventory which include, at a minimum, maps of emissions, discharges and losses of the substances listed in annex II, paragraph A, as well as of those pollutants listed in annex III of the present Royal Decree on which NCA is established. The preparation of this inventory will be held pursuant to paragraphs 1 to 5 of this article.

7. the competent bodies shall inform the Ministry of environment and Rural and marine environment inventory prepared in accordance with the previous paragraphs, updating such information at least once every three years.

8. without prejudice to the foregoing, the Ministry of environment and Rural and Marine Affairs may request the competent bodies information on inventories prepared in accordance with paragraphs 1, 2, 3 and 4 of this article to respond to any report which is required.

Article 12. Update of the inventory of emissions, discharges and losses.

1. the competent bodies shall update their inventories, so that is taken as the reference period for the establishment of values from the previous year to one that should end this analysis.

2. However, the entries for the substances in annex I of this Royal Decree which are regulated by Directive 91/414/EEC of the Council of 15 July 1991, may be calculated as the average of the three years prior to the completion of that analysis.

Article 13. Communication from the European Commission inventory.

The Ministry of environment and Rural and Marine Affairs, shall communicate to the Commission the inventories made pursuant to paragraphs 1 to 5 of article 11 and article 12 of the present Royal Decree, including the respective reference periods, pursuant to provisions of article 41.6 of the revised text of the Water Act approved by Royal Legislative Decree 1/2001, of 20 July.

Chapter V pollution-border article 14. Overcoming the environmental quality standards for cross-border pollution.

1 you won't breach the overcoming of the regulated NCA consideration in this Royal Decree, provided that it can be demonstrated:


(((a) that the improvement was due to a pollution source located outside the national territory, b) that as a result of this transboundary pollution, the authority could not take measures effective to meet the relevant NCA, c) which applied the coordination mechanisms established in the thirteenth of the text revised of the Water Act additional provision, so as to guarantee the quality objectives provided for in articles 36 37 and 38 of the Royal Decree 907/2007, of July 6, for the bodies of water affected by transboundary pollution.

2. the river basin management plans, as well as its subsequent revisions, will include the necessary information in the circumstances set out in paragraph 1 and a summary of the measures taken in relation to transboundary pollution.

3. in the case of having established NCA in sediment or biota for certain substances, the overcoming of such property by transboundary pollution is also governed by paragraphs 1 and 2.

4. without prejudice to the provisions of paragraph 2, the Ministry of environment and Rural and Marine Affairs may request the competent bodies the information referred to in this article to respond to any report which is required.

First additional provision. Technical guidance for development of this Royal Decree.

For the application of certain aspects included in this Royal Decree the technical guidelines which go to establishing the European Commission must be taken into account. These guidelines will be received by the Ministry of environment, rural and Marine Affairs who shall be responsible for the dissemination thereof for your application by the various competent bodies through the Committee of competent authorities each demarcation.

Second additional provision. Concept of hazardous substance.

For the purposes of the implementation of the obligations arising from the protection of groundwater against dangerous substances provided for in the regulation of water public domain approved by Royal Decree 849/1986 of 11 April, and the regulation of hydrological planning, approved by Royal Decree 907/2007, of July 6, shall be understood as dangerous substances to all substances contained in annexes I and II to this Decree.

During the period of May 4 Council Directive 76/464/EEC on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (provision repealed by the encoded version of title directive 2006/11/EC), substances listed in annex I of this Royal Decree, they correspond to the list I and list II priority , and annex II substances correspond to the preferred Schedule II appearing in annex IV to the regulation of hydrological planning quoted above.

First repealing provision. Immediate regulatory repeal.

Without prejudice to the provision repealing second, on the entry into force of this Royal Decree are repealed many provisions of equal or lower rank to oppose provisions of this Royal Decree, and in particular: to) annexes I, II and III of the law 22/1988 of 28 July, coasts.

(b) Royal Decree the 995/2000 of June 2 that set quality objectives for certain polluting substances and amending the regulation of public water domain approved by Royal Decree 849/1986 of 11 April).

(c) sections B and C of annex I and annex II of Royal Decree 258/1989, 10 March, which establishes the general rules on discharges of dangerous substances from land to sea.

(d) article 26.6 of the regulation of hydrological planning, approved by Royal Decree 907/2007, of July 6.

(e) section B of annex II to the XVI, section C of the annex II and annexes IV to the 16th, and section D of annex II of the order of 12 November 1987, on emission standards and quality objectives and reference measurement methods relating to certain harmful or dangerous substances contained in the waste water discharges.

(f) sections B and C of annex II to the 16th, and section D of annex II to the twelfth of the order of 31 October 1989, which lays down emission standards, quality objectives, methods of reference measurement and control procedures relating to certain dangerous substances contained in discharges from land to sea.

Second repeal provision. Deferred regulatory repeal.

A_partir_de December 22, 2012, the following provisions shall be repealed: a) order of 12 November 1987, on emission standards and quality objectives and reference measurement methods relating to certain harmful or dangerous substances contained in the waste water discharges.

(b) the order of 31 October 1989, which lays down emission standards, quality objectives, methods of reference measurement and control procedures relating to certain dangerous substances contained in discharges from land to sea).

(c) Annex I of Royal Decree 258/1989, 10 March, which establishes the general rules on discharges of dangerous substances from land to sea.

Annex IV to the regulation of hydrological planning, approved by Royal Decree 907/2007, of July 6, will be repealed from 22 December 2013.

First final provision. Enabling skills.

This Royal Decree has character of basic legislation on protection of the environment, in accordance with the provisions of article 149.1.23. ª of the Constitution.

Second final provision. Incorporation of the law of the European Union.

By this Royal Decree, he joined the Spanish law Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on standards of environmental quality (NCA) in the field of water policy; and directive 2009/90/EC of the Commission of July 31, 2009, which are established, in accordance with Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000, technical specifications of chemical analysis and the monitoring of the status of waters. Also incorporates the section 1.2.6 Annex V of this Directive 2000/60/EC, of the European Parliament and of the Council of 23 October 2000, which establishes a framework for Community action in the field of water policy.

Third final provision. Enabling legislation.

It empowers the Minister of the environment and Rural and Marine Affairs to amend annexes contained in Royal Decree to adapt to the provisions of Community legislation, as well as to enact the implementing rules which are necessary for the correct application of the provisions contained in the present Royal Decree.

Fourth final provision. Other NCA of State level.

Where convenient for the adequate protection of the waters the establishment of other property other than pick-ups in this Royal Decree, applicable to all the regional Spanish, the Minister of the environment, and Rural and Marine Affairs, consultation to the autonomous communities, you can modify the annexes contained in Royal Decree to incorporate such NCA.

Fifth final provision. Entry into force.

This Royal Decree shall enter into force the day following its publication in the "Official Gazette".

Given in Madrid, on 21 January 2011.

JUAN CARLOS R.

The Minister of environment and Rural and Marine Affairs, ROSA AGUILAR RIVERO annex I rules of environmental quality for priority substances and other pollutants paragraph a. standards of environmental quality (NCA) MA: annual average; CMA: maximum permissible concentration; Unit: [µg/l].




(1) (2) (3) (4) (5) (6) (7) n. º the substance name CAS No. (a) NCA-MA (b) inland surface waters (c) NCA-MA (b) other superficial waters NCA-CMA (d) inland surface waters (c) NCA-CMA (d) other surface waters (1) alachlor 15972-60-8 0.3 0.3 0.7 0.7 (2) * anthracene 120-12-7 0.1 0.1 0.4 0.4 (3) atrazine





1912-24-9 0.6 0.6 2.0 2.0 (4) benzene 71-43-2 10 8 50 50 (5) * brominated polybrominated diphenyl (Pentabromodifenileter; fellow US 28, 47, 99, 100, 153 and 154) (e) 32534-81-9 0.0005 0.0002 not applicable not applicable (6) * 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)






0.09 (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) (6 bis) carbon tetrachloride (l) (g) 56-23-5 12 12 not applicable not applicable (7) * Cloroalcanos C10-13 85535-84-8 0.4 0.4 1.4 1.4 (8) Clorfenvinfos 470-90-6 0.1 0.1 0.3 0.3 chlorpyrifos (9) (l) (chlorpyrifos ethyl)





2921-88-2 0.03 0.03 0.1 0.1 (9 bis) type Σ cyclodiene pesticides = 0.01 Σ = 0.005 Aldrin (g) not applicable not applicable 309-00-2 (g) Dieldrin Endrin 60-57-1 (g) Isodrin 72-20-8 (g) 465-73-6 (9 ter) total DDT (g) (h) not applicable 0.025 0.025 not applicable not applicable p, 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 (11) dichloromethane 75-09-2 20 20 not applicable not applicable (12) Di(2-etilhexil) phthalate (DEHP) 117-81-7 1.3 not applicable not applicable 1.3 (13) Diuron (l) 330-54-1 0.2 0.2 1.8 1.8 (14)





*





Endosulfán





115-29-7





0,005





0,0005





0,01





0,004






(15)





 





Fluoranteno(k)





206-44-0





0,1





0,1





1





1






(16)





*





Hexaclorobenceno(l)





118-74-1





0,01(i)





0,01(i)





0,05





0,05






(17)





*





Hexaclorobutadieno





87-68-3





0,1(i)





0,1(i)





0,6





0,6






(18)





*





Hexaclorociclohexano





608-73-1





0,02





0,002





0,04





0,02






(19) Isoproturon (l) 34123-59-6 0.3 0.3 1 1 (20) lead and its compounds 7439-92-1 7.2 7.2 not applicable not applicable (21) * Mercury and its compounds 7439-97-6 0.05 (i) 0.05 (i) 0.07 0.07 (22) naphthalene 91-20-3 2.4 1.2 not applicable not applicable (23) nickel and its compounds 7440-02-0 20





not applicable not applicable 20 (24) * Nonylphenol 25154-52-3 0.3 0.3 2 2 * 4 - Nonylphenol 104-40-5 0.3 0.3 2 2 octylphenol (25) {[4-(1,1',3,3'-tetrametilbutil) phenol]} 140-66-9 0.1 0.01 not applicable not applicable (26) * pentachlorobenzene 608-93-5 0.007 not applicable not applicable 0,0007 pentachlorophenol (27)





87-86-5 0.4 0.4 1 1 (28) * polycyclic aromatic hydrocarbons (PAHs) (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 applicable not applicable * Benzo (k) fluoranthene 207-08-9 * Benzo (g, h, i) perylene 191-24-2 Σ = 0.002 Σ = 0.002





not applicable not applicable * INDENE (1,2,3-cd) pyrene 193-39-5 (29) Simazine 122 - 34 - 9 1 1 4 4 (29 bis) (g) tetrachloroethylene 127-18-4 10 10 not applicable not applicable (29 ter) (g) trichloroethylene 79-01-6 10 10 not applicable not applicable (30) * compounds tributyltin (tributyltin-Cation) 36643-28-4 0.0002 0.0002





0,0015 0,0015 (31) trichlorobenzenes 12002-48-1 0.4 0.4 not applicable not applicable (32) Trichloromethane 67-66-3 2.5 2.5 not applicable not applicable (33) 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 expressed as an annual average value (EQs-MA) environmental quality standard. Unless otherwise specified, it applies to the total concentration of all isomers.

(c) inland surface waters include rivers and lakes and artificial or heavily modified bodies of water related.

(d) this parameter is the environmental quality expressed as a maximum allowable concentration (EQs-CMA) standard. When NCA-CMA indicated "not applicable", is considered the NCA-MA values to protect against the peaks of pollution in the short term in the case of continuous discharges, since they are significantly lower than the values calculated on the basis of acute toxicity.

(e) as regards the Group of priority substances in the brominated polybrominated diphenyl (number 5), establishes a single NCA for the congener numbers 28, 47, 99, 100, 153 and 154.


(f) as regards cadmium and its compounds (No. 6), NCA values vary depending on the hardness of the water in accordance with five categories (class 1: < 40 mg CaCO3/l, class 2: 40 < 50 mg CaCO3/l, class 3: 50 < 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 contaminants» for which the EQs are identical to those laid down in the applicable legislation prior to the adoption of Directive 2008/105/EC.

(h) the total DDT includes the sum of the isomers 1,1,1-tricloro-2,2-bis-(p-clorofenil)-etano (50-29-3 CAS No.; EU no. 200-024-3); 1,1,1-tricloro-2-(o-clorofenil)-2-(p-clorofenil)-ethane (No. 789-02-6 CAS No. EU 212-332-5); 1,1-dicloro-2,2-bis-(p-clorofenil)-etileno (No. 72-55-9 CAS No. EU 200-784-6); and 1,1-dicloro-2,2-bis-(p-clorofenil)-ethane (72-54-8 CAS No., no. 0 200 783 EU).

(i) if the competent authority of each river basin does not apply the NCA in biota, will introduce a stricter EQs for water in order to achieve the same levels of protection as the EQs for biota listed in article 7, paragraph 1 of the present Royal Decree. The Ministry of environment and Rural and Marine Affairs shall notify the Commission and other States members, 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 the Foundation have led them to adopt this approach the alternative EQs established, for waters, including data and methodology from which we have obtained the alternative EQs, and the categories of surface water to which apply.

(j) in the Group of priority substances polycyclic aromatic hydrocarbons (PAHs) (number 28), apply each of the NCA, i.e. have to met the EQs for benzo (a) pyrene, the EQs for the sum of benzo (b) fluoranthene and benzo (k) fluoranthene, as well as the EQs for the sum of benzo (g, h (, i) perylene and indeno(1,2,3 cd) pyrene.

(k) fluoranthene is on the list as an indicator of other more dangerous polycyclic aromatic hydrocarbons.

Section B. application of the environmental quality standards laid down in part 1. Columns 4 and 5 of the table: a body of surface water meets the NCA-MA when the arithmetic mean of the concentrations measured different times during the year, each representative of the body of water control point, does not exceed the standard.

The calculation of the arithmetic mean, the method of analysis employed and, when not available a suitable method which meets the minimum criteria of realization, the mode of application of the NCA shall conform to the acts of execution by which to adopt specifications for the technical control and quality of analytical results , in particular the contained in annex V.

2 columns 6 and 7 in the table: a body of surface water meets the NCA-CMA when the measured concentration at any representative of the body of water control point does not exceed the standard.

However, bodies may adopt statistical methods as the calculation by percentiles to ensure an acceptable level of confidence and precision in the determination of compliance with the NCA-CMA.

3. with the exception of cadmium, lead, mercury and nickel (hereinafter referred to as «metals»), the EQs laid down in this annex are expressed as total concentrations in the whole water sample. In the case of metals, the NCA refers to the concentration of dissolved, i.e. in the dissolved phase of a water sample obtained by filtration through a 0.45-µm membrane or any other equivalent pre-treatment.

((To collate the results of follow-up with the NCA networks, may be taken into account: a) the of background natural concentrations of metals and their compounds, where it impossible to meet the value fixed by the NCA, and b) hardness, pH or other parameters of water quality affecting the bioavailability of metals.

4. when the competent bodies opt to apply EQs in sediment or biota in development of article 7, shall apply paragraphs 1 and 2 of this paragraph.

5. the Ministry of environment and Rural and marine environment, for the sake of standardization and comparability of results, elaborate methodological guides where specified and develop application procedures of the NCAs laid down in section A of the present annex I.

Annex II standards of environmental quality for priority substances section a. standards of environmental quality (NCA) MA: annual average; Unit: [µg/l].




(1) (2) (3) (4) (5) n. º the substance name CAS No. (a) NCA-MA (b) surface water continental (c) NCA-MA (b) other surface waters (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) xylene (Σ isomers Ortho, meta and for) 1330-20-7 30 30 (5) Terbutilazina 5915 - 41 - 3-1-1 (6)





Arsenic 7440-38-2 50 25 copper (7) (d) 7440-50 - 8 hardness of the water (mg/L CaCO3) NCA-MA 25 CaCO3 ≤ 10 5 10 < CaCO3 ≤ 50 22 50 < CaCO3 ≤ 100 40 CaCO3 > 100 120 (8) chrome VI 18540-29-9 5 5 (9) chrome 7440 - 47 - 3 50 not applicable (10) selenium 7782 - 49 - 2 1 10 (11) Zinc (d) 7440-66-6 (mg/L CaCO3) water hardness





NCA-MA 60 CaCO3 ≤ 10 30 10 < CaCO3 ≤ 50 200 50 < CaCO3 ≤ 100 300 CaCO3 > 100 500 (12) total cyanides 40 74-90-8 not applicable (13) fluorides 16984-48-8 1700 not applicable (14) chlorobenzene 108 - 90 - 7 20 not applicable (15) dichlorobenzene (Σ isomers Ortho, meta, and for) 25321-22-6 not applicable 20 (16) Metolachlor 51218 - 45 - 2 1 not applicable (a) CAS: C Chemical Abstracts Service.

(b) this parameter is expressed as an annual average value (EQs-MA) environmental quality standard.

(c) inland surface waters include rivers and lakes and artificial or heavily modified bodies of water related.

(d) with regard to these substances, the values of the NCA in inland surface waters vary depending on the hardness of the water in accordance with to four categories.

Section B. application of the environmental quality standards laid down in paragraph 1. Columns 4 and 5 of the table: a body of surface water meets the NCA-MA when the arithmetic mean of the concentrations measured different times during the year, each representative of the body of water control point, does not exceed the standard.

The calculation of the arithmetic mean, the method of analysis employed and, when not available a suitable method which meets the minimum criteria of realization, the mode of application of the NCA shall conform to the acts of execution by which to adopt specifications for the technical control and quality of analytical results , in particular the contained in annex V.

2. with the exception of arsenic, copper, chromium, selenium and zinc (hereinafter referred to as «metals»), the EQs laid down in this annex are expressed as total concentrations in the whole water sample. For these substances, the NCA refers to the concentration of dissolved, i.e. in the dissolved phase of a water sample obtained by filtration through a 0.45-µm membrane or any other equivalent pre-treatment.

((To collate the results of follow-up with the NCA networks, may be taken into account: a) the of background natural concentrations of metals and their compounds, where it impossible to meet the value fixed by the NCA, and b) hardness, pH or other parameters of water quality affecting the bioavailability of metals.

3. when the competent bodies opt to apply EQs in sediment or biota in development of article 7, shall apply paragraphs 1 and 2 of this paragraph.


4. the Ministry of environment and Rural and marine environment, for the sake of standardization and comparability of results, elaborate methodological guides where specified and develop application procedures of the NCAs laid down in section A of the present annex II.

Annex III list of polluting substances 1. Organohalogen compounds and substances which may lead to such compounds in the aquatic environment.

2 organophosphorus compounds.

3 organotin compounds.

4. substances and preparations, or products derived from them, mutagenic, carcinogenic properties or that they can affect the thyroid, steroidogenic, reproduction or other endocrine functions in the aquatic environment or via the aquatic environment are demonstrated.

5. persistent hydrocarbons and persistent toxic organic substances and PBT.

6 cyanides.

7. metals and their compounds.

8. arsenic and its compounds.

9. biocides and plant protection products.

10. materials in suspension.

11. substances which contribute to eutrophication (in particular, nitrates and phosphates).

12. substances which have an unfavourable influence on the oxygen balance (and Computable using parameters such as BOD or COD).

Annex IV procedure for the establishment of NCA to establish NCA in water, sediment or biota, act in accordance with the provisions described below.

1. when possible, receive data, both specific and for an extended period of time, with respect to the taxa mentioned below, provided that these are relevant to the category and type of masses of water, as well as other aquatic taxa for which data are available.

Made up of the set of basis of taxa: algae or Macrophytes.

Daphnia or representative bodies of salt water.

Fish.

Be determined safety factors appropriate in keeping with the nature and quality of the available data, the indications referred to in point 3.3.1 of part II of the «technical document guidance in support of the Directive 93/67/EEC of the Commission of 20 July 1993, on the risk assessment for new notified substances and of Regulation (EC) No. 1488/94 the Commission» «, of 28 June 1994, on the assessment of the risk of existing substances»; in Regulation (EC) No. 1907 / 2006 of the European Parliament and of the Council of 18 December 2006 on the registration, evaluation and authorization of chemical substances, as well as the restrictions applicable to these substances (REACH), establishing a European Agency for chemical products; or any other document replacing it with the safety factors set out in the table below: safety Factor at least one L (E) C50 point of each of the three levels of the trophic base 1000 Assembly a NOEC prolonged (fish or Daphnia or a representative of the salt water body) 100 two long-term NOEC from species representing two trophic levels (fish and/or Daphnia or a representative of the salt water body and/or) algae) 50 long-term NOEC from at least three species (normally fish fauna, Daphnia or a representative of salty water and seaweed body) that represent three levels trophic 10 other cases, including field data or model ecosystems, that enable the calculation and application of more precise safety factors assessment case by case L (E) C50: lethal concentration or effective media. NOEC: no observed effect concentration.

2. in the event that data on persistence and bioaccumulation are available, they should take into account when deriving the final value of the NCA.

3. the NCA thus derived should be compared with possible evidence from field studies. Where anomalies appear, the derivation in order to calculate a more precise safety factor should be checked.

4. the resulting NCA shall submit to a critical examination of expert and public consultation in order to, among other things, allow a more precise safety factor calculation.

Annex V technical specifications for chemical analysis 1. Methods of analysis: to) the methods of chemical analysis, including field and laboratory methods used for the purpose of the evaluation of the results of control networks established for the follow-up of the State listed in article 42.1. d) of the text revised of the Water Act, and in particular of substances listed in annexes I II and III, will be validated and documented in accordance with the standard EN ISO/IEC-17025 or other equivalent internationally accepted standards.

(b) all the methods of applied analysis will be based on 50% or less measurement uncertainty (k = 2) estimated at the level of the NCAs and a limit of quantification exceeding a value of 30% of the NCA relevant.

((c) in the absence of a relevant property for a particular parameter, or in the absence of a method of analysis that meets the criteria of point 1.b), the analysis shall be carried out according to best available techniques that do not result in disproportionate costs.

2 calculation of average values: to) if the measures amounts of chemical or physico-chemical parameters of a given sample are below the limit of quantification, the measurement results shall be fixed at half the value of the limit of quantification corresponding to the calculation of average values.

((b) If an average calculated value of the results of the measurements referred to in paragraph a) is lower than the limits of quantification, the value is considered «below the limit of quantification».

((c) the 2D point) does not apply to the parameters that are total amounts of a particular group of chemical or physico-chemical parameters including their relevant metabolizing, degradation and reaction products. In these cases, the results below the limit of quantification of the different substances shall be fixed at zero.

3 laboratories, for the sake of the guarantee and quality control of the results: to) apply quality management practices comply with the standard EN ISO/IEC-17025 or other equivalent internationally accepted standards.

((b) must demonstrate by appropriate chemical or physico-chemical parameters analysis capabilities: I. participation in proficiency testing programs that understand the methods of analysis referred to in paragraph 1.a) of this annex to levels of concentration that are representative of the water monitoring programmes.

II. analysis of the available reference materials that are representative samples collected with the appropriate levels of concentration in relation to the NCA relevant.

((c) proficiency testing referred to in point 3(b) programs). I of this annex shall be organized by accredited organizations or national or internationally recognized organizations which meet the requirements of the ISO/IEC 43-1 guide or other equivalent internationally accepted standards.

The results of participation in those programs will be evaluated according to the scoring systems set out in the Guide ISO/IEC 43-1, in the standard ISO-13528 or any equivalent standard accepted internationally.

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