JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: that the Cortes General have approved and I come to sanction the following Law.

EXPLANATORY STATEMENT

The deterioration of the ozone layer caused by the emission into the atmosphere of halogenated compounds is, for several years, a cause for concern of the international community.

This concern has become apparent in the approval of the Vienna Convention for the Protection of the Ozone Layer, concluded in 1985, and the Montreal Protocol on Substances that deplete the Ozone Layer in 1987, that Spain is a party.

Likewise, this concern and resolve is appreciated within the European Union, which as such has signed the Montreal Protocol and has approved several Regulations governing the production, consumption and trade of substances that deplete the ozone layer.

As a result of the results of the scientific research promoted by the Montreal Protocol that have contributed to increasing the knowledge of the mechanism of ozone deterioration, the number of substances In the case of the Montreal Protocol, the Commission has adopted a proposal for a directive on the introduction of new rules.

The Council of the European Union has adopted Council Regulation (EC) 3093/1994 of 15 December concerning substances that deplete the ozone layer, which regulate the production, consumption and trade of substances. In the case of the amendment to the Montreal Protocol, the recovery of controlled substances and the prevention of escapes. The Community Regulation provides for stricter rules with regard to the limitations of chlorofluorocarbons, hydrochlorofluorocarbons and methyl bromide as laid down in the Copenhagen amendment.

Regulation (EC) 3093/1994 applies to the production, import, export, supply and use and recovery of the following controlled substances: chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, Carbon tetrachloride, 1,1,1-trichloroethane, methyl bromide, hydrobromofluorocarbons and hydrochlorofluorocarbons. In particular, Regulation (EC) 3093/1994 clearly defines the prohibited uses of hydrochlorofluorocarbons by establishing the dates of prohibition in accordance with the feasibility and availability of substitute substances and products. harmful to the ozone layer. Imports of controlled substances from third countries are also regulated by means of the obligation to obtain the relevant import licences. Particular attention is paid to the recovery of used controlled substances and to the prevention of possible escapes of such substances. Finally, the Regulation defines the data which producers, importers and exporters of controlled substances should communicate to the European Commission.

Article 19 of Regulation (EC) No 3093/1994 provides that Member States shall lay down the penalties to be applied in the case of infringements of the provisions contained therein. In order to comply with this provision, it is necessary to have legal instruments to establish the possible infringements and their penalties.

The magnitude of the problem, the need for rapid actions aimed at avoiding its aggravation, the need demanded by our system to regulate through a rule of law the regime of violations and sanctions concerning the exercise of any activities and the need to specify specific aspects necessary for the proper applicability of Regulation (EC) 3093/1994 which has already been in force since 23 December 1994, Provision as an ordinary law.

This Law therefore has the purpose of establishing the system of penalties for the production, use and marketing of the substances covered by Regulation (EC) 3093/1994, without prejudice to the direct applicability of that Regulation. Regulation, in particular as regards its entry into force.

This Law has the character of basic legislation on environmental protection, as set out in Article 149.1.23.a of the Constitution, and it is also dictated, according to the exclusive competence of the article 149.1.10.a grant to the State in the field of foreign trade.

CHAPTER I

General provisions

Article 1. Object.

1. The purpose of this Law is to make the infringements and penalties necessary for the proper application of Council Regulation (EC) 3093/1994 of 15 December on substances that deplete the ozone layer as a matter of law.

2. The provisions of this provision shall apply without prejudice to the sanctioning regimes laid down in Law 38/1972 of 22 December 1972 on the Protection of the Atmospheric Environment and on the Law 20/1986 of 14 May on Toxic Waste and Dangerous.

CHAPTER II

Violations and penalties

Article 2. Infractions.

The violations provided for in this Law are classified as very serious, serious and minor.

1. The performance by any person of the following conduct shall be very serious:

(a) Overcome the production quotas for methyl bromide established for each producer in Article 3 (6) of Regulation (EC) 3093/1994, in a quantity exceeding 10 per 100 of the calculated level.

(b) Producing chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane or hydrobromofluorocarbons in accordance with Article 3 of the Regulation (EC) 3093/1994, having regard to the derogations provided for in it relating to the use as raw materials, essential uses and internal basic needs of the Parties in accordance with Article 5 of the Montreal Protocol.

(c) Overcome the marketing or use for own account of methyl bromide established for each producer in Article 4 (6) of Regulation (EC) 3093/1994, in a quantity exceeding 10 per 100 of the calculated level.

(d) Overcome the marketing or use for own account of hydrochlorofluorocarbons established for each producer or importer in Article 4 (8) of Regulation (EC) 3093/1994, in a higher quantity to 10 per 100 of the calculated level.

(e) To trade or use for own account chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane, hydrobromofluorocarbons or hydrochlorofluorocarbons as referred to in Article 4 of Regulation (EC) 3093/1994, except those authorised for essential uses.

(f) Use hydrochlorofluorocarbons except in the applications permitted for each of the periods referred to in Article 5 of Regulation (EC) 3093/1994.

g) the release for free circulation of chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane and hydrobromofluorocarbons and of products containing these substances, imported from States which are not Parties to the Protocol as laid down in Articles 8 and 9 of Regulation (EC) 3093/1994. The release for free circulation of hydrobromofluorocarbons and products containing them, imported from States other than Parties to the Protocol, from the date of entry into force as laid down in Articles 8 and 9 of the Regulation (EC) 3093/1994.

(h) The importation of products manufactured with controlled substances from States other than Parties to the Protocol, under the conditions laid down by the Council of the European Union, as provided for in Article 10 of the Regulation (EC) 3093/1994.

i) The export of chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane and hydrobromofluorocarbons to States which are not parties to the Protocol, as established Article 11 of Regulation (EC) 3093/1994. The export of hydrobromofluorocarbons to States other than Parties to the Protocol as from the date of entry into force as provided for in Article 11 of Regulation (EC) 3093/1994.

(j) The release for free circulation in the European Community of controlled substances imported from third countries without the necessary licence to do so, as specified in Article 6 of Regulation (EC) 3093/1994.

2. The performance by any person of the following conduct shall constitute a serious infringement:

(a) Overcome the production quotas for methyl bromide established for each producer in Article 3 (6) of Regulation (EC) 3093/1994, in a quantity of less than 10 per 100 of the calculated level.

(b) To exceed the entry into force of this Law of the quota for the placing on the market or use of 1,1,1-trichloroethane for each producer in Article 4 (5) of Regulation (EC) No 3093/1994, a quantity less than 10 per 100 of the calculated level.

(c) Overcome the marketing or use for own account of methyl bromide established for each producer in Article 4 (6) of Regulation (EC) 3093/1994, in a quantity of less than 10% of the calculated level.

(d) Overcome the marketing or use for own account of hydrochlorofluorocarbons established for each producer or importer in Article 4 (8) of Regulation (EC) 3093/1994, in a lower quantity to 10 per 100 of the calculated level.

e) to conceal or distort the data relating to the communications referred to in Article 17 of Regulation (EC) 3093/1994.

(f) The refusal of the requirement to make the communication referred to in the previous paragraph, in conjunction with Article 17 of Regulation (EC) 3093/1994.

g) Not to recover where the controlled substances contained in the apparatus are feasible and by means of the techniques referred to in Article 14 of Regulation (EC) 3093/1994.

(h) Not to take preventive measures against escapes of controlled substances referred to in Article 15 of Regulation (EC) 3093/1994.

3. It will constitute a minor infringement:

(a) Not to make the communication or not to submit the copy referred to in Article 17 of Regulation (EC) 3093/1994, or to carry out the copy outside the time limits laid down for that purpose.

(b) Failure to comply with the minimum requirements for the qualification of maintenance personnel referred to in Articles 14 and 15 of Regulation (EC) 3093/1994.

Article 3. Sanctions.

1. Very serious infringements will be sanctioned with a fine of 50,000,001 to 200,000,000 pesetas.

2. Serious infringements will be punishable by a fine of 10,000,001 to 50,000,000 pesetas.

3. Minor infractions will be sanctioned with a fine of 1,000,000 to 10,000,000 pesetas.

4. Very serious infringements may be further sanctioned by the temporary or final closure, in whole or in part of the facilities, in such cases as the rights of workers are safeguarded in accordance with the provisions of the legislation. work.

5. The above is without prejudice to the civil or criminal liability in which the offender may have incurred.

Article 4. Sanctioning power.

1. Where the sanctioning authority corresponds to the General Administration of the State, it shall be exercised by:

(a) The Council of Ministers, in sanctions corresponding to the very serious infringements.

(b) The holder of the Ministry of the Environment, in penalties corresponding to serious infringements.

(c) The head of the Environment Ministry's General Secretariat, under sanctions for minor violations.

2. In the cases set out in the previous paragraph, it shall be competent to initiate, where appropriate, the corresponding sanctioning procedures, the Director-General of Environmental Quality of the Ministry of the Environment.

Final disposition first. Constitutional foundation.

This Law is dictated by the provisions of Article 149.1.10.a and 23.a of the Constitution.

Final disposition second. Faculty of development.

The Government is empowered to dictate the rules for the development and implementation of this Law.

The competent body shall establish the minimum requirements for the qualification of maintenance personnel, recovery procedures and measures for the prevention of escapes of controlled substances, as referred to in Article 1 (2) of Directive (EC) No Articles 14 and 15 of Regulation (EC) 3093/1994 and Article 2 (2) (b) of this Law.

Final disposition third. Entry into force.

This Law will enter into force on the day of its publication in the "Official State Gazette".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this Law.

Madrid, 3 March 1998.

JOHN CARLOS R.

The President of the Government,

JOSÉ MARÍA AZNAR LÓPEZ