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Royal Decree 1436 / 2010, Of 5 November, Whereby Various Royal Decrees Amending For His Adaptation To Directive 2008/112/ec Of The European Parliament And Of The Council, Amending Several Directives To Adapt Them To Regulation (Ec) No. 127...

Original Language Title: Real Decreto 1436/2010, de 5 de noviembre, por el que se modifican diversos reales decretos para su adaptación a la Directiva 2008/112/CE del Parlamento Europeo y del Consejo, que modifica varias directivas para adaptarlas al Reglamento (CE) n.º 127...

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Directive 2008 /112/EC of the European Parliament and of the Council of 16 December amending Council Directives 76 /768/EEC, 88 /378/EEC and 1999 /13/EC and Directives 2000 /53/EC, 2002 /96/EC and 2004 /42/EC of the European Parliament and of the Council the Council to adapt them to Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures.

Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on the classification, labelling and packaging of substances and mixtures and amending and repealing Directives 67 /548/EEC and 1999 /45/EC and amending Regulation (EC) No 1907/2006 provides for the harmonisation of the classification and labelling of substances and mixtures in the European Union. This harmonisation involves updating the existing European regulatory framework so far in this area, incorporating the criteria for classification and labelling of substances and mixtures of the Globally Harmonised System (SGA). and the labelling of chemicals, adopted at international level within the framework of the United Nations. The new Community regulation also incorporates the experience gained in the implementation of the previous Community legislation in this field.

The adoption of Regulation (EC) No 1272/2008 will entail, as from 1 June 2015, the complete repeal of the two Community Directives governing this matter: Council Directive 67 /548/EEC of 27 June 2015 on the 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances and Directive 1999 /45/EC of the European Parliament and of the Council of 31 May 1999, on the approximation of laws, regulations and administrative provisions Member States concerning the classification, packaging and labelling of dangerous preparations.

In addition, since some of the classification and labelling provisions laid down in Directives 67 /548/EEC and 1999 /45/EC serve as a basis for the classification of substances in other Community Directives, it has been necessary adapt these further directives to the new provisions of Regulation (EC) No 1272/2008. To this end, Directive 2008 /112/EC provides for the amendment of a number of directives in application of the said Community regulation. This royal decree partially incorporates this directive into our order.

Directive 2008 /112/EC amends six Community Directives, of which four have an impact on the competence of the Ministry of the Environment, and the Rural and Marine Environment, these four amendments to the area's directives. The environment is those that are transposed into the internal legal order through this royal decree. They are as follows: 1. Council Directive 1999 /13/EC of 11 March 1999 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations (incorporated via the Royal Decree 117/2003 of 31 January on the limitation of emissions of volatile organic compounds due to the use of solvents in certain activities); 2. Directive 2000 /53/EC of the European Parliament and of the Council of 18 September 2000 on the vehicles at the end of their useful life (incorporated through Royal Decree 1383/2002, December 20, on end-of-life vehicle management); 3. Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (incorporated by Royal Decree 208/2005 of 25 February 2005 on electrical and electronic equipment and the waste management); and 4. Directive 2004 /42/EC of the European Parliament and of the Council of 21 April 2004 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and in products for the renewal of the vehicle finish (incorporated through Royal Decree 227/2006 of 24 February, supplementing the legal regime on the limitation of emissions of volatile organic compounds in certain paints and varnishes in vehicle finish renewal products).

The main changes that the transposition of Directive 2008 /112/EC implies are: the replacement of the terms "prepared" or "prepared" by "mixture" or "mixtures", the redefinition of the concept of "dangerous substance", 'coating' or the reference to the application of the provisions of Regulation (EC) No 1272/2008. With regard to the emissions of volatile organic compounds, in addition to the modifications mentioned above, a progressive and staggered substitution of risk phrases is introduced for indications of danger; in principle there is a coexisting the two denominations and, finally, from 1 June 2015 (the date on which the full repeal of Directives 67 /548/EEC and 1999 /45/EC is produced by Regulation (EC) No 1272/2008), the definitive replacement of the names only the indications of danger, which is the terminology used by the regulation community.

This royal decree is dictated in compliance with the obligations arising from the integration into the European Union and under the jurisdiction of the competition titles that have served as a basis for the modified norms. In its processing the text has been submitted to public information, it has been consulted the autonomous communities, the sectors affected and, as it is a norm with incidence on the environment, moreover has been consulted to the Advisory Council of Environment.

In its virtue, on the proposal of the Ministers of the Environment, and the Rural and Marine Environment, of the Interior, of Industry, Tourism and Commerce, of Health, Social Policy and Equality and of Science and Innovation, according to the State Council and after deliberation by the Council of Ministers at its meeting on 5 November 2010,

DISPONGO:

Article first. Amendment of Royal Decree 1383/2002 of 20 December on the management of vehicles at the end of their useful life.

Paragraph (m) of Article 2 of Royal Decree 1383/2002 of 20 December 2002 on the management of vehicles at the end of their useful life is worded as follows:

" (m) Dangerous substance: any substance that meets the criteria of any of the following hazard classes or categories set out in Annex 1 to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures:

1.) Hazard classes 2.1 to 2.4, 2.6, 2.7, 2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories 1 and 2, 2.14 categories 1 and 2, 2.15 types A to F;

2. (a) Hazard classes 3.1 to 3.6, 3.7 adverse effects on sexual function and fertility or on development, 3.8 different effects of narcotics, 3.9 and 3.10;

3.) Danger Class 4.1;

4.) Danger class 5.1. "

Article 2. Amendment of Royal Decree 117/2003 of 31 January on the limitation of emissions of volatile organic compounds due to the use of solvents in certain activities.

Royal Decree 117/2003 of 31 January on the limitation of emissions of volatile organic compounds due to the use of solvents in certain activities is amended as follows:

One. In the definition of 'preparation' in Article 2, the word 'preparation' is replaced by the word 'mixture' and the wording of this paragraph is read as follows:

"" Mix ": solution composed of two or more substances."

Two. In all the text of this royal decree the terms "prepared" or "prepared" are replaced respectively by the terms "mixture" or "mixtures".

Three. References made by this royal decree to "R40" are replaced with "R40 or R68".

Four. Article 5 is worded as follows:

" Article 5. Special arrangements for installations in which substances or mixtures of risk are used.

1. Where substances or mixtures are used in an installation which, due to their content in volatile organic compounds classified as carcinogens, mutagens or toxic for reproduction, are assigned certain indications of danger, Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on the classification, labelling and packaging of substances and mixtures, shall be complied with, in any case and irrespective of whether or not that a system of emission reduction is established, the following limit values for issue:

a) 2 mgINm3, in the case of emissions of volatile organic compounds that are assigned hazard indications H340, H350, H350i, H360D or H360F, when the mass flow of the sum of the compounds it justifies the labelling with any of those hazard statements is greater than or equal to 10 gls.

b) 20 mg/Nm3, in the case of emissions of halogenated volatile organic compounds which are assigned the hazard indications H341 or H351, when the mass flow of the sum of the compounds justifying the labelled with any of those hazard indications is greater than or equal to 100 gh.

In both cases, the emission limit value refers to the sum of the masses of the various compounds.

2. The emissions of volatile organic compounds referred to in this Article shall be controlled as emissions from a facility under confined conditions, as far as this is technically or economically feasible, to protect health human and the environment.

3. Installations which emit volatile organic compounds to which, after the entry into force of this royal decree, one of the hazard statements referred to in paragraph 1 is assigned, must comply with the emission limit values set out in that paragraph within the shortest possible time limit which, in any event, may not exceed one year from the date of entry into force of the provision which so provides.

4. By way of derogation from the above paragraphs, installations using substances or mixtures which are assigned the hazard indications H340, H350, H350i, H360D or H360F shall, as far as possible, replace them with substances and .less dangerous mixtures. For these purposes, where alternatives to substitution have been demonstrated, it shall be carried out as soon as possible. '

Article 3. Amendment of Royal Decree 208/2005 of 25 February on electrical and electronic equipment and the management of waste.

Royal Decree 208/2005 of 25 February on electrical and electronic equipment and the management of its waste is amended as follows:

One. The terms 'prepared' or 'prepared' within the meaning of 'a mixture or solution composed of two or more substances', as specified in Article 3.2 of Regulation (EC) No 1907/2006 of 18 December 2006 on registration, assessment, authorisation and restriction of chemicals (REACH), contained in the text of the royal decree are replaced, respectively, by the terms 'mixture' or 'mixtures'.

Two. Paragraph (f) of Article 2 is worded as follows:

"(f)" hazardous substance or mixture " means any substance or mixture which meets the criteria of any of the following hazard classes or categories as set out in Annex 1 to Regulation (EC) No 1272/2008 European and Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures:

1.) Hazard classes 2.1 to 2.4, 2.6, 2.7, 2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories 1 and 2, 2.14 categories 1 and 2, 2.15 types A to F,

2.) Hazard classes 3.1 to 3.6, 3.7 adverse effects on sexual function and fertility or on development, 3.8 distinct effects of narcotics, 3.9 and 3.10,

3. (a) Hazard class 4.1, 4a) hazard class 5.1. "

Three. The third subparagraph of paragraph 1 of Annex III is amended as follows:

" Components containing refractory ceramic fibres as described in Part 3 of Annex VI to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures. '

Article 4. Amendment of Royal Decree 227/2006 of 24 February supplementing the legal regime on the limitation of emissions of volatile organic compounds in certain paints and varnishes in products for the renewal of the finished product vehicles.

The text of Royal Decree 227/2006 of 24 February supplementing the legal regime on the limitation of emissions of volatile organic compounds in certain paints and varnishes in renovation products of the vehicle finish is amended as follows:

One. Article 2, paragraph (f) is read as follows:

"f) Mix: solution composed of two or more substances."

Two. Article 2, paragraph (i), is worded as follows:

" (i) Recorder: any mixture, including all organic solvents or mixtures containing organic solvents necessary for their proper application, used to obtain a film having a decorative effect, protective or otherwise, on a surface. "

Single transient arrangement. Transitional redactions.

1. Transitional, from 1 December 2010 to 31 May 2015, Article 5 of Royal Decree 117/2003 of 31 January on the limitation of emissions of volatile organic compounds due to the use of solvents in certain activities, will have the following wording:

" Article 5. Special arrangements for installations in which substances or mixtures of risk are used.

1. Where substances or mixtures are used in an installation which, due to their content in volatile organic compounds classified as carcinogenic, mutagenic or toxic for reproduction, are assigned certain hazard or hazard indications Risk phrases, in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on the classification, labelling and packaging of substances and mixtures, shall be complied with, in any case and regardless of whether an emission reduction system is established, the following values: emission limit:

a) 2 mg/Nm3, in the case of emissions of volatile organic compounds that are assigned hazard indications H340, H350, H350i, H360D or H360F, or risk phrases R45, R46, R49, R60 or R61, when the flow rate mass of the sum of the compounds that justifies the labelling with any of those hazard statements or risk phrases is greater than or equal to 10 g/h.

b) 20 mg/Nm3, in the case of emissions of halogenated volatile organic compounds which are assigned the hazard indications H341 or H351, or the risk phrases R40 or R68, when the mass flow of the sum of the compounds that justify labelling with any of those hazard statements or risk phrases is greater or equals 100 g/h.

In both cases, the emission limit value refers to the sum of the masses of the various compounds.

2. The emissions of volatile organic compounds referred to in this Article shall be controlled as emissions from a facility under confined conditions, as far as this is technically or economically feasible, to protect health human and the environment.

3. Installations which emit volatile organic compounds to which, after the entry into force of this Royal Decree, one of the hazard statements or the risk phrases referred to in paragraph 1 are assigned, must comply with the requirements laid down in paragraph 1. the emission limit values set out in that paragraph within the shortest possible time limit which, in any case, may not exceed one year from the date of entry into force of the provision establishing that provision.

4. By way of derogation from the above paragraphs, installations using substances or mixtures which have been assigned the hazard indications H340, H350, H350i, H360D or H360F or the risk phrases R45, R46, R49, R60 or R61 shall replace them, as far as possible, with less dangerous substances and mixtures. For these purposes, where alternatives to substitution have been demonstrated, it shall be carried out as soon as possible. '

2. Transitional period from 1 December 2010 to 31 May 2015, paragraph (f) of Article 2 of Royal Decree 208/2005 of 25 February 2005 on electrical and electronic equipment and the management of its waste shall be as follows: wording:

"(f)" hazardous substance or mixture " means any mixture deemed to be dangerous in accordance with the Regulation on the classification, packaging and labelling of dangerous preparations, approved by Royal Decree 255/2003 of 28 February 2003, or any substance that meets the criteria of any of the following hazard classes or categories set out in Annex 1 to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures:

1.) Hazard classes 2.1 to 2.4, 2.6, 2.7, 2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories 1 and 2, 2.14 categories 1 and 2, 2.15 types A to F;

2. (a) Hazard classes 3.1 to 3.6, 3.7 adverse effects on sexual function and fertility or on development, 3.8 different effects of narcotics, 3.9 and 3.10;

3.) Danger Class 4.1;

4.) Danger class 5.1. "

Final disposition first. Incorporation of European Union law.

This royal decree incorporates into Spanish law Directive 2008 /112/EC of the European Parliament and of the Council of 16 December amending Directives 76 /768/EEC, 88 /378/EEC and 1999 /13/EC and the Directives 2000 /53/EC, 2002 /96/EC and 2004 /42/EC of the European Parliament and of the Council to adapt them to Regulation (EC) No 1272/2008 on classification and packaging of substances and mixtures as regards environmental directives: Directive Council Directive 1999 /13/EC and Directives 2000 /53/EC, 2002 /96/EC and 2004 /42/EC of the European Parliament European and Council.

Final disposition second. Entry into force.

1. This royal decree shall enter into force on the day following that of its publication in the "Official Gazette of the State".

2. However, the above:

(a) The amendment provided for in Article 1 shall apply from 1 December 2010.

(b) The wording provided for in the second article. Four shall apply from 1 June 2015.

(c) The amendment set out in the third article. Two shall apply from 1 June 2015.

Given in Madrid, 5 November 2010.

JOHN CARLOS R.

The Minister of the Presidency,

RAMON JAUREGUI STUNNED.