Royal Decree 105/2008 Of 1 February, Which Regulates The Production And Management Of Construction And Demolition Waste.

Original Language Title: Real Decreto 105/2008, de 1 de febrero, por el que se regula la producción y gestión de los residuos de construcción y demolición.

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Article 45 of the Spanish Constitution establishes the right of all citizens to enjoy a suitable environment for the development of the person, as well as the duty to preserve it and the obligation of the powers public to ensure the rational use of natural resources in order to protect and improve the quality of life and to defend and restore the environment. In recent years, the construction sector has reached very high levels of activity, setting itself up as one of the keys to the growth of the Spanish economy. This situation has, however, led to an extraordinary increase in the generation of waste from the construction of new plants and buildings, as well as the demolition of old buildings, without forgetting the of small works of housing and local reform. These wastes form the category called construction and demolition waste. The environmental problem posed by these wastes is derived not only from the increasing volume of their generation, but from their treatment, which is still unsatisfactory today in most cases. In fact, the insufficient prevention of the production of waste at source is linked to the lack of recycling of waste. Among the environmental impacts that this causes, it is important to highlight the contamination of soils and aquifers in uncontrolled landfills, the landscape deterioration and the elimination of these wastes without the use of their valuable resources. This serious situation must be corrected in order to achieve a more sustainable development of constructive activity. In this context, there is a general consensus of all the sectors concerned on the need for a basic regulation, specific to construction and demolition waste, laying down the minimum requirements for their production and management, in order to promote their prevention, reuse, recycling, recovery and the appropriate treatment of disposal. The National Plan for Waste Construction and Demolition (PNRCD) 2001-2006, approved by the Council of Ministers Agreement of 1 June 2001, proposed, among the instrumental measures for the achievement of its objectives, the elaboration of a specific rules for this waste stream, based on the principles of management hierarchy and producer responsibility. Article 1.2 of Law 10/1998 of 21 April 1998 gives the Government the power to lay down specific provisions relating to the production and management of different types of waste with the ultimate aim of preventing the environmental impact of waste. " In addition, Article 11 (1), in the wording given by the final provision of Law 34/2007 of 15 November, of air quality and protection of the atmosphere, empowers the Government to regulate the terms and conditions relating to the the obligation of the holder of construction and demolition waste to separate them by type of material. The royal decree defines the concepts of the producer of construction and demolition waste, which is basically identified with the owner of the property in which the ultimate decision to construct or demolish, and the holder of such waste, which is the corresponds to who executes the work and has the physical control of those that are generated in it. Among the obligations imposed on the producer, the inclusion in the project of a management study of the construction and demolition waste that will be produced in this project, which must include, among other aspects, an estimate of its quantity, the generic preventive measures to be taken, the intended destination for the waste, and an assessment of the costs of its management which must be part of the project budget. Also, as a special measure of prevention, the obligation, in the case of works of demolition, repair or reform, to take stock of the hazardous waste generated, to proceed to its selective removal and delivery to managers, is established. Authorised for hazardous waste. The holder, for his part, will be obliged to submit to the property of the work of a plan of management of the waste of construction and demolition in which it is realized how the study of management of the plan will be applied, as well as to the cost and to provide the producer with the supporting documentation of the proper management of such waste. On the basis of certain thresholds, the separation of construction and demolition waste is required in order to facilitate its further recovery, although this obligation has been deferred since the entry into force of the royal decree on the basis of the the amount of waste foreseen in each fraction. From the above obligations, producers and owners of construction and demolition waste are excluded from under construction and home repairs, taking into account the fact that they have the legal status of urban waste and be subject to the requirements laid down by local authorities in their respective municipal ordinances. In this sense, it is worth highlighting the role that local authorities have historically played in the management and treatment of this type of waste. The entry into force of this royal decree, and in accordance with article 25 of Law 7/1985, of April 2, Regulatory of the Bases of the Local Regime, will involve an effort to adapt the municipal ordinances to the objectives of the same. The control system for the production, possession and management of construction and demolition waste is based on the necessary collaboration between the autonomous communities and the local authorities for the fulfilment of the competences which, respectively, it attributes to them the legislation on waste. However, the possibility of the establishment, in the terms provided for in the legislation of the autonomous communities, of a control mechanism linked to obtaining the license of works, by the constitution by the the producer of a bond or other equivalent financial guarantee, which responds to the fulfilment of the requirements of the royal decree and, in particular, the management of the construction and demolition waste which will be produced in the work. The royal decree also lays down the conditions to be met, in general, by the construction and demolition waste managers, as well as the requirements, in particular, for their recovery. One of the difficulties that is currently not achieved with satisfactory levels of recycling of construction and demolition waste is the fact that they are mostly deposited in landfill at very low cost, without prior treatment and, often, without complying with the requirements laid down in the landfill regulations. In order to correct this situation, the royal decree prohibits the deposit without prior treatment and demands the establishment of tariff systems that disincentive the deposit in landfill of valorizable waste or that of those others in which the prior treatment has been limited to a mere classification. The royal decree also sets out the minimum criteria for distinguishing when the use of inert waste in restoration, conditioning or filling works can be considered as a recovery operation and not disposal in landfill. Finally, it should be noted that, in those works in which public administrations are involved as promoters, it is established that they must promote measures for the prevention of construction and demolition waste and the use of aggregates. and other products from its recovery. The economic and social agents, the autonomous communities, and the Environmental Advisory Council have been consulted in the drafting of this royal decree. This rule is of a basic nature and takes the form of a royal decree because, given the nature of the subject matter, it is a necessary complement to ensure that the objective objective is met by the State competition on bases. In its virtue, on the proposal of the Ministry of Environment, Development and Housing, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of February 1, 2008,

D I S P O N G O:

Article 1. Object.

This royal decree aims to establish the legal regime for the production and management of construction and demolition waste in order to promote, in this order, its prevention, reuse, recycling and other forms of waste. (a) to ensure that those destined for disposal operations receive appropriate treatment and to contribute to the sustainable development of the construction activity.

Article 2. Definitions.

In addition to the definitions contained in Article 3 of Law 10/1998, of 21 April, of Waste, for the purposes of this royal decree: a) Construction and demolition waste: any substance or object which, complying with the definition of "Residuum" included in Article 3 (a) of Law 10/1998, of 21 April, is generated in a construction or demolition work.

(b) inert waste: that non-hazardous waste which does not undergo significant physical, chemical or biological transformations, is not soluble or combustible, does not react physically or chemically or in any other way, is not It does not adversely affect other areas with which it comes into contact in such a way that it can lead to environmental pollution or harm human health. The total lixiviability, the content of pollutants of the residue and the ecotoxicity of the leachate shall be negligible, and in particular they shall not pose a risk to the quality of surface water or groundwater. (c) Construction or demolition work: the activity consisting of:

1. The construction, rehabilitation, repair, renovation or demolition of a property, such as a building, road, port, airport, railway, canal, dam, sports or leisure facility, as well as any other analogue civil engineering.

2. The carrying out of works that modify the form or substance of the land or subsoil, such as excavations, injections, urbanizations or other analogues, excluding those activities to which the Directive 2006 /21/EC of the European Parliament and of the Council of 15 March on the management of waste from extractive industries. An integral part of the work shall be regarded as an integral part of the work which is exclusive to it, and to the extent that its assembly and disassembly takes place during or at the end of the work, such as:

Machaqueo plants,

concrete, gravel-cement or ground-cement manufacturing plants, concrete precast plants, bituminous blend manufacturing plants, formwork manufacturing workshops, ferralla manufacturing workshops, stores of materials and warehouses of waste of the own work and plants of treatment of the waste of construction and demolition of the work.

d) Minor construction or repair work: construction or demolition work at a particular address, commerce, office or building of the service sector, simple technical and small constructive and economic entity, it does not entail any alteration of the volume, use, facilities of common use or the number of dwellings and premises, and does not require any project signed by qualified professionals.

e) Construction and demolition waste producer:

1. The natural or legal person who holds the urban planning license in a construction or demolition work; in those works that do not require an urban license, the physical person shall be considered as a producer of the waste. or legal holder of the immovable property which is the subject of a construction or demolition work.

2. º The natural or legal person who carries out treatment, mixing or other operations, causing a change in the nature or composition of the waste. 3. The importer or acquirer in any Member State of the European Union of construction and demolition waste.

f) Construction and demolition waste holder: the natural or legal person who has the construction and demolition waste in his possession and who does not have the status of waste manager. In any event, the natural or legal person who carries out the construction or demolition work, such as the builder, the subcontractors or the self-employed, shall have the consideration of the holder. In any case, they shall not have the consideration of the holder of construction and demolition waste for employed persons.

g) Prior treatment: physical, thermal, chemical or biological process, including classification, which changes the characteristics of construction and demolition waste by reducing its volume or its hazard, facilitating its handling, increasing its potential for recovery or improving its behaviour in the landfill.

Article 3. Scope of application.

1. This royal decree shall apply to construction and demolition waste as defined in Article 2, with the exception of: (a) land and stones not contaminated by dangerous substances reused in the same work, in a separate work or in a restoration, conditioning or filling activity, provided that it can be reliably credited to its use for reuse.

(b) Waste from extractive industries covered by Directive 2006 /21/EC of 15 March. (c) Non-hazardous dredging sludge relocated within the surface waters of water and inland waterways management activities, flood prevention or mitigation of the effects of floods or droughts, regulated by the recast of the Water Act, by Law 48/2003 of 26 November, of economic regime and provision of services of ports of general interest, and by international treaties of which Spain is part.

2. Waste that is generated in construction or demolition works and regulated by specific legislation on waste, when mixed with other construction and demolition waste, will apply this royal decree in those areas. aspects not covered by that legislation.

Article 4. Obligations of the construction and demolition waste producer.

1. In addition to the requirements laid down in the waste legislation, the construction and demolition waste producer must comply with the following obligations: (a) To include in the project implementing the work a construction and demolition waste management study, which shall contain at least: 1. An estimate of the quantity, expressed in tonnes and in cubic metres, of the construction waste and demolition to be generated in the work, coded according to the European list of waste published by Order MAM/30 4/2002 of 8 February 2002, for the publication of waste recovery and disposal operations and the European list of waste waste, or the rule that replaces it.

2. The measures for the prevention of waste in the project object. 3. The operations of reuse, recovery or disposal to which the waste that will be generated in the work will be used. 4. The measures for the separation of waste into work, in particular for the compliance by the holder of the waste, of the obligation laid down in Article 5 (5). 5. The plans of the installations planned for the storage, handling, separation and, where appropriate, other operations of the management of the waste of construction and demolition within the work. Subsequently, such drawings may be adapted to the particular characteristics of the work and its systems of execution, subject to the agreement of the optional management of the work. 6. The requirements of the specification of the particular technical requirements of the project, in relation to the storage, handling, separation and, where appropriate, other operations of management of the construction and demolition waste within the work. 7. An assessment of the planned cost of the construction and demolition waste management that will be part of the project's budget in an independent chapter.

(b) In the case of demolition, rehabilitation, repair or reform work, an inventory of the hazardous waste to be generated, to be included in the management study referred to in paragraph 1 (a), as well as provide for their selective withdrawal, in order to avoid mixing between them or with other non-hazardous waste, and to ensure that they are sent to authorised managers of hazardous waste.

(c) Dispose of the documentation certifying that the construction and demolition waste actually produced in his works has been managed, if necessary, in work or delivered to a recovery or disposal facility for their treatment by authorised waste manager, in the terms set out in this royal decree and, in particular, in the waste management study of the work or in its modifications. The documentation for each calendar year shall be maintained for the following five years. (d) in the case of works subject to urban planning, constitute, where appropriate, the terms provided for in the legislation of the Autonomous Communities, the guarantee or equivalent financial guarantee to ensure compliance with the requirements established in that licence in relation to the construction and demolition waste of the work.

2. In the case of construction works, where a basic project is presented for obtaining the urban licence, the project shall contain at least the documents referred to in the numbers 1, 2, 3, 3, 4, 3 and 7. of paragraph 1.

Article 5. Obligations of the holder of construction and demolition waste.

1. In addition to the obligations laid down in the applicable rules, the natural or legal person executing the work shall be required to submit to the property of the work a plan which reflects how it will carry out the obligations incumbent upon it in relation to the work with the construction and demolition waste to be produced in the work, in particular the waste referred to in Article 4.1. and in this Article. The plan, once approved by the optional management and accepted by the property, will become part of the contract documents of the work.

2. The holder of construction and demolition waste, where he does not proceed to manage them by himself, and without prejudice to the requirements of the approved project, shall be obliged to deliver them to a waste manager or to participate in an agreement voluntary agreement or collaboration agreement for its management. Construction and demolition waste shall preferably be used, and in this order, for reuse, recycling or other forms of recovery. 3. The supply of construction and demolition waste to a manager by the holder shall be recorded in a feisty document, including at least the identification of the holder and the producer, the work of provenance and, where appropriate, the licence number of the work, the quantity, expressed in tonnes or cubic metres, or both units where possible, the type of waste delivered, coded according to the European list of waste published by Order MAM/30 4/2002, 8 of February, or the rule to replace it, and the identification of the manager of the target operations. Where the manager to whom the holder delivers the construction and demolition waste only carries out collection, storage, transfer or transport operations, the recovery manager shall also be included in the delivery document. the disposal of waste to which the waste is to be disposed. In any event, the administrative responsibility for the disposal of construction and demolition waste by the owners to the managers will be governed by the provisions of Article 33 of Law 10/1998 of 21 April. 4. The holder of the waste shall be obliged, as long as they are in his possession, to maintain them under appropriate conditions of hygiene and safety, as well as to avoid the mixing of already selected fractions which prevent or hinder their further recovery. or elimination. 5. Construction and demolition waste must be separated in the following fractions, when, individually for each of these fractions, the expected quantity of generation for the total of the work exceeds the following quantities:

Concrete: 80 t.

Bricks, tiles, ceramics: 40 t. Metal: 2 t. Wood: 1 t. Glass: 1 t. Plastic: 0.5 t. Paper and paperboard: 0,5 t.

The separation in fractions shall be carried out preferably by the holder of the construction and demolition waste within the work in which they are produced. Where, due to lack of physical space in the work, it is not technically feasible to carry out such separation at source, the holder may entrust the separation of fractions to a waste manager in a waste treatment facility. construction and external demolition of the work. In the latter case, the holder shall obtain from the installation manager proof that he has complied, on his behalf, with the obligation laid down in this paragraph.

6. The authority responsible for environmental matters in the autonomous community where the work is located, exceptionally, and provided that the separation of the waste has not been specified and budgeted in the project, may exempt the holder the construction and demolition waste of the obligation to separate any or all of the above fractions. 7. The holder of the construction and demolition waste shall be obliged to bear the corresponding management costs and to provide the producer with the certificates and other supporting documentation of the waste management to which it is carried out. the reference in paragraph 3, as well as to the maintenance of the documentation for each calendar year for the following five years.

Article 6. Control system for the production, possession and management of construction and demolition waste.

1. The autonomous communities and the local authorities shall cooperate and assist each other in the performance of the tasks assigned to them by the legislation on waste, in particular with regard to: the authorisation, surveillance, inspection and sanction of the production, possession and management of construction and demolition waste.

2. The legislation of the Autonomous Communities may require the lodging of a security or other equivalent financial guarantee, linked to the granting of the municipal works licence to the producer of construction and demolition waste, in amounts sufficient to guarantee the fulfilment of the obligations imposed on him by this royal decree. 3. In those works whose project, in accordance with Article 4, includes a waste management study of the work, the calculation of the amount of the guarantee or equivalent financial guarantee provided for in the preceding paragraph shall be based on the budget for this study. However, if the budget is deemed to have been drawn up in an unfounded manner, it will be possible to raise such a financial guarantee.

Article 7. General obligations of the construction and demolition waste manager.

In addition to the waste legislation, the construction and demolition waste manager will fulfil the following obligations: (a) In the case of management activities subject to authorisation by the waste legislation, keep a register in which the amount of waste managed, expressed in tonnes and in cubic metres, is included in the waste type, coded according to the European list of waste published by Order MAM/30 4/2002 of 8 February, or standard replacing it, the identification of the producer, the holder and the work from which they come, or the manager, when they come from another previous management operation, the method of management applied, as well as the quantities, in tonnes and in metres (a) the production of the products and waste resulting from the activity.

(b) To make available to the competent public authorities, upon request, the information contained in the register referred to in point (a). The information referred to in each calendar year shall be maintained for the following five years. (c) to extend to the holder or the manager giving him construction and demolition waste, in the terms of this royal decree, the certificates of proof of the management of the waste received, specifying the producer and, where appropriate, the licence number of the work of provenance. In the case of a manager carrying out an operation exclusively for the collection, storage, transfer or transport, it shall also transmit to the holder or to the manager who delivered the waste, the certificates of the operation of the recovery or subsequent disposal to which the waste was intended. (d) Where there is no authorisation to manage hazardous waste, it must have a procedure for the admission of waste to the facility which ensures that, prior to the processing process, the waste is detected and separated, shall be adequately stored and shall lead to authorised managers of hazardous waste to those who have this character and who can arrive at the facility mixed with non-hazardous construction and demolition waste. This obligation shall be without prejudice to the liability of the producer, the holder or, where appropriate, the previous manager who has sent the waste to the plant.

Article 8. Activities for the recovery of construction and demolition waste.

1. The development of construction and demolition waste recovery activities will require prior authorization from the environmental authority of the autonomous community, in the terms established by Law 10/1998 of 21 April.

2. The authorization may be granted for one or more of the operations to be carried out, and without prejudice to the authorizations or licenses required by any other legislation applicable to the activity. It shall be granted for a specified period of time, and may be renewed for successive periods. 3. The authorization shall be granted only after inspection of the facilities in which the activity is to be carried out and verification of the qualifications of the technicians responsible for their management and the appropriate training is provided for. professional staff responsible for their operation. 4. The recycled aggregates obtained as a product of a construction and demolition waste recovery operation shall comply with the technical and legal requirements for the use for which they are intended.

Article 9. Activities for the recovery of construction and demolition waste in the work in which they have been produced.

1. The legislation of the autonomous communities may exempt holders from the administrative authorization referred to in Article 8 (1) to (3) of the recovery of non-hazardous construction and demolition waste in the Community. the same work in which they have been produced, fixing the types and quantities of waste and the conditions under which the activity may be exempted from the authorisation.

2. The waste recovery activities covered by this Article shall be in accordance with the provisions of the project. In particular, the optional management of the work shall approve the means provided for such recovery on the spot. 3. In any event, these activities shall be carried out without endangering human health and without using procedures or methods which damage the environment, and in particular water, air, soil, fauna or flora, without causing noise nuisance or odours and without damaging the landscape and natural spaces that enjoy some kind of protection in accordance with applicable law. 4. The activities to which the exemption referred to in paragraph 1 applies shall be compulsorily recorded in the form established by the autonomous communities.

Article 10. Treatment of construction and demolition waste by mobile plants in fixed centres for recovery or disposal of waste.

The construction and demolition waste treatment activity by means of a mobile plant, when it is carried out in a fixed centre for recovery or disposal of waste, must be provided for in the authorisation granted to such a fixed centre, and to comply with the requirements laid down therein.

Article 11. Activities for the disposal of construction and demolition waste by landfill.

1. The landfill of construction and demolition waste that has not undergone any prior treatment operation is prohibited.

This provision shall not apply to inert waste the treatment of which is technically infeasible or to construction and demolition waste, the treatment of which does not contribute to the objectives set out in Article 1 or to the dangers to human health or the environment. 2. The legislation of the Autonomous Communities may exempt from the application of the above paragraph the landfills of non-hazardous or inert waste of construction or demolition in isolated populations that comply with the definition that for this Article 2 of Royal Decree 1481/2001 of 27 December 2001, which regulates the disposal of waste by landfill, provided that the landfill is intended for the disposal of waste generated solely in the landfill. isolated population.

Article 12. Activities for the collection, transport and storage of construction and demolition waste.

The holders of activities in which the collection, transport and storage of non-hazardous construction and demolition waste are carried out shall be notified to the competent body in the environmental field of the These activities are duly registered in the form established by the legislation of the Autonomous Communities. The legislation of the Autonomous Communities may subject the exercise of these activities to authorization.

Article 13. Use of inert waste in restoration, conditioning or filling works.

1. The use of inert waste from construction or demolition activities in the restoration of an environmentally-degraded space, in the form of packaging or filling, may be considered as a recovery operation, not a disposal of waste in landfill, where the following requirements are met: (a) The environmental competent authority of the autonomous community has so declared before the start of the operations for the management of the waste. wastes.

(b) The operation shall be carried out by a waste manager subject to administrative authorisation for the recovery of waste. Waste manager authorisation shall not be required for the use of materials obtained in a construction and demolition waste recovery operation which do not have the legal status of waste and comply with the technical requirements and legal for the use to which they are intended. (c) the result of the operation is the replacement of natural resources which, otherwise, should have been used to fulfil the purpose of the restoration, conditioning or filling.

2. The requirements laid down in paragraph 1 shall be without prejudice to the application, where appropriate, of Royal Decree 2994/1982 of 15 October 1982 on the restoration of natural areas affected by extractive activities.

3. Public administrations will encourage the use of inert materials and waste from construction or demolition activities in the restoration of environmentally degraded areas, packaging or filling, when comply with the requirements laid down in paragraph 1. In particular, they shall promote voluntary agreements between those responsible for the proper management of waste and those responsible for the restoration of environmentally degraded areas, or with the holders of packaging or filling works.

Article 14. Planning on construction and demolition waste.

Construction and demolition waste plans or revisions of existing ones that, in accordance with Article 5 (4) and (5) of Law 10/1998 of 21 April, approve the autonomous communities or entities Local authorities shall contain at least: (a) The forecast of the amount of construction and demolition waste to be produced during the period of the plan, by breaking down the quantities of hazardous waste and non-hazardous waste, and coded according to the European list of waste published by Order MAM/30 4/2002 of 8 February, or the rule replacing it.

(b) Specific objectives for prevention, reuse, recycling, other forms of recovery and disposal, as well as the time limits for achieving them. (c) the measures to be taken to achieve these objectives, including measures of an economic nature. (d) the appropriate places and facilities for the disposal of waste. (e) the estimation of the costs of prevention, recovery and disposal operations. (f) The means of financing. (g) The review procedure.

Article 15. Administrative responsibility and sanctioning regime.

Failure to comply with the obligations established in this royal decree will result in the application of the sanctioning regime provided for in Law 10/1998 of 21 April.

Additional disposition first. Regime applicable to the production and possession of construction and demolition waste in minor construction or home repair works.

The obligations laid down in Articles 4 and 5 shall not apply to producers or holders of construction and demolition waste in minor construction or home repair works, which shall be subject to the requirements of the requirements to be established by local authorities in their respective municipal ordinances.

Additional provision second. Promotion of the prevention and use of products from the recovery of construction and demolition waste by public administrations.

1. Public administrations shall ensure that measures to prevent the generation of construction and demolition waste are implemented in the works in which the promoters are involved. In addition, they will ensure that in the project phase the design and construction alternatives that generate less waste in the construction and exploitation phase and those that favor the environmentally-friendly dismantling are taken into account. right of the work at the end of its useful life.

2. Public authorities shall encourage the provision of alternatives to public works in the project phase which will contribute to the saving in the use of natural resources, in particular through employment in the work units of aggregates. and other products from the recovery of waste. 3. The public procurement shall encourage the smallest generation of construction and demolition waste, as well as the use in the work units of aggregates and other waste recovery products. 4. In the field of the General Administration of the State and its public bodies, the technical requirements of the contracts shall be defined, as far as possible, taking into account the smallest generation of construction and demolition waste. In addition, the contracting authorities, in determining the criteria to be used as a basis for the most advantageous tender assessment, shall endeavour to take account of the measures on prevention and for the reuse or recycling of construction and demolition waste, as well as the use in the work units of aggregates and other products from the recovery of waste.

Additional provision third. Regime applicable to the surplus of excavation generated in works of public ownership subject to environmental impact assessment.

The measures provided for in this royal decree, except as referred to in Article 4 (1) (a), shall not apply to surpluses generated in excavations and demolitions of works of public ownership, to which it shall apply. foreseen in the Recast Text of the Law of Environmental Impact Assessment of Projects, approved by Royal Legislative Decree 1/2008, of January 11. Where such surpluses are contaminated by dangerous substances, the specific waste regulations shall apply.

Additional provision fourth. Scheme applicable to the prevention of occupational risks in operations and activities where there is a risk of exposure to asbestos.

In addition to what is foreseen in this royal decree on waste, operations and activities in which workers are exposed to or are likely to be exposed to asbestos fibres or materials containing asbestos As regards the prevention of occupational risks, by Royal Decree 396/2006 of 31 March 2006 laying down the minimum safety and health requirements applicable to works with a risk of exposure to asbestos.

Single transient arrangement. Arrangements applicable to works in the process or in implementation.

This royal decree will not apply to the construction and demolition waste of those works which, at the date of its entry into force, are in execution, have a license granted by the competent local authority or the they are requested, provided that such works are initiated within the maximum period of one year from the entry into force of the royal decree.

This royal decree will not be applied either to the projects of public works of public ownership whose approval occurs within one year from the entry into force of this royal decree.

Final disposition first. Amendment of Royal Decree 1481/2001 of 27 December 2001 regulating the disposal of waste by landfill.

Article 8.1.b) .10. of Royal Decree 1481/2001 of 27 December 2001, which regulates the disposal of waste by landfill, is worded as follows:

" 10. An economic analysis showing compliance with Article 11. In the case of landfills which admit construction and demolition waste, the economic analysis must provide for a system of tariffs which disincentives the deposit of waste susceptible to recovery or undergoing treatment prior to the limited discharge. to their classification. "

Final disposition second. Competence title.

This royal decree is of a basic nature and is dictated by the provisions of Article 149.1.23. of the Constitution, which gives the State exclusive competence in the field of basic legislation on the protection of the environment. environment, except as provided for in the additional provision second.4 which shall apply only to the General Administration of the State and its public bodies.

Final disposition third. Enabling regulatory development.

The head of the Ministry of the Environment is empowered to establish the minimum environmental criteria for the use of inert waste in restoration, conditioning or filling, prior to the agreement of the Conference Sector of the Environment.

Final disposition fourth. 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. The separation obligations provided for in Article 5.5 shall be required for works initiated after two years after the entry into force of the royal decree. However, the separation obligations laid down in that Article shall be enforceable. in the works begun six months after the entry into force of the royal decree in the following fractions, when, individually for each of these fractions, the intended quantity of generation for the total of the work exceed the amounts set out below:

Concrete: 160 t.

Bricks, tiles, ceramics: 80 t. Metal: 4 t. Wood: 2 t. Glass: 2 t. Plastic: 1 t. Paper and cardboard: 1 t.

Given in Madrid, on February 1, 2008.

JOHN CARLOS R.

First Vice-President of the Government and Minister of the Presidency, MARIA TERESA FERNÁNDEZ DE LA VEGA SANZ