Law 11/1997, of 24 April, of Envases and Waste of Envases, by which Directive 94 /62/EC, of the European Parliament and of the Council of 20 December was incorporated into national law, established a special scheme for the collection of industrial or commercial packaging consisting in that, in accordance with the provisions of paragraph 1 of its first provision, the responsibility for the correct one

management of this type of waste corresponds to its final holder, unless the packers voluntarily decide to place them on the market in the form foreseen for the domestic consumer packaged products.

The experience gained since the adoption of Law 11/1997 has shown that, in certain specific cases, this collection system has not provided guarantees that the management of waste from industrial packaging has been done in an environmentally sound manner, which is why, in Law 14/2000, of 29 December, of Fiscal, Administrative and Social Order Measures, it has introduced a major modification to the said provision The first part of Law 11/1997, consisting of an enabling the Government to establish, on a regulatory basis, that certain industrial or commercial packaging is not eligible for the exemption provided for in paragraph 1 where its composition or the composition of the material which it contains is dangerous or (a) toxicity to the recycling, recovery or disposal of the different residual fractions constituting the waste or posing a risk to the health of the person or the environment.

In use of the above rating, it has been considered that the previous circumstances are in the case of the packaging of plant protection products and that the environmentally sound management of the waste generated after its consumption it would only be guaranteed if the placing on the market of these products is carried out through the system of deposit, evolution or return or, alternatively, through an integrated management system.

According to the above, the measures set out in this Royal Decree are merely a mere incorporation of Article 7 of Directive 94 /62/EC, whereby Member States are required to implement systems of the collection or return of packaging waste from any end user, in order to address them to the most appropriate management alternatives.

In any event, within the meaning of Article 1.3 of Law 11/1997, and in Article 2 (2) of Directive 94 /62/EC, the placing on the market of such packaged products shall also be subject to the provisions of a special nature which, where appropriate, are applicable in accordance with the provisions of the legislation on safety, health and hygiene protection of packaged products, medicinal products, transport and hazardous waste.

Similarly, with the measures set out in this Royal Decree, it is intended to carry out an important work of awareness and awareness, both of the users of this type of products and of the general population, on the risks that can be derived as a result of incorrect environmental management of waste generated after use.

In the process of drafting this standard, the Autonomous Communities and the sectors affected have been consulted.

In its virtue, to the proposals of the Ministers of the Environment and of Agriculture, Fisheries and Food, according to the Council of State and after deliberation of the Council of Ministers, at its meeting of the 14th of December 2001,

D I S P O N G O:

Article 1. Placing on the market of packaged plant protection products.

1. In accordance with the provisions of paragraph 5 of the first provision of Law 11/1997, of 24 April, of Envases and Residues of Envases, according to the amendments introduced by Law 14/2000 of 29 December, of Measures Fiscal, Administrative and Social Order, the packaged plant protection products shall be excluded from the derogation provided for in paragraph 1 of the first provision of the said Law 11/1997 and, consequently, must be placed in the market through the system of deposit, return and return or, alternatively, through a integrated waste management system for used packaging and packaging.

2. In accordance with Article 1.3 of Law 11/1997, the rules set out in this Royal Decree shall apply in addition to the special provisions which, where appropriate, are applicable in accordance with the provisions of the legislation on safety, health and hygiene protection for packaged products, medicines, transport and hazardous waste.

Article 2. Specific rules for integrated packaging waste management systems for used packaging and packaging.

1. Integrated waste management systems of used packaging and packaging which, where appropriate, are constituted under the provisions of the previous Article, shall comply with the provisions of Article 19 of the Implementing Regulation of Law 11/1997, approved by Royal Decree 782/1998 of 30 April 1998.

In addition, in order to be authorised, these integrated management systems must demonstrate that they have sufficient capacity to implement systems for the selective collection of packaging waste for delivery and environmentally sound collection, in all its field of application. They shall also provide evidence of commitments showing that the recycling or recovery of the packaging waste collected shall be carried out without endangering the health of persons and without prejudice to the environment.

2. For the purposes of paragraph 2 of the previous Article, the rules on hazardous waste shall apply from the moment when empty containers, after use, are deposited and made available to the integrated system of management at the place and form designated for this by himself.

Single additional disposition. Constitutional basis and basic character.

This Royal Decree has the consideration of basic legislation on environmental protection, in accordance with the provisions of Article 149.1.23.a of the Constitution.

Final disposition first. Faculty of development.

The Ministers of the Environment and Agriculture, Fisheries and Food are empowered to make the necessary provisions for the implementation and development of this Royal Decree in the field of their respective competences.

Final disposition second. Entry into force.

This Royal Decree will enter into force from the moment the Autonomous Communities grant relevant authorizations to an integrated system of waste management of used packaging and packaging that

meets the requirements set out in it and, in any case, six months after its publication in the "Official State Gazette".

Given in Madrid on December 14, 2001.

JOHN CARLOS R.

The Minister of the Presidency, JUAN JOSELUCAS GIMENEZ