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Resolution Of 8 Of October Of 2015, Of The Secretariat Of State Of Environment, By Which Is Formula Declaration Environmental Strategic Of The Plan State Of Waste.

Original Language Title: Resolución de 8 de octubre de 2015, de la Secretaría de Estado de Medio Ambiente, por la que se formula declaración ambiental estratégica del Plan Estatal de Residuos.

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TEXT

The Strategic Environmental Assessment (EAE), regulated in Law 21/2013, of December 9, of environmental assessment, has as its main purpose the integration of environmental aspects in public planning. It is a question of avoiding, as early as the early stages of their conception, that the actions envisaged in a Plan or Programme may cause adverse effects on the environment.

According to Article 6 of the Environmental Assessment Act, an ordinary strategic environmental assessment, among other assumptions, will be the subject of plans to be adopted or approved by a public administration whose elaboration and (a) approval is required by a legal or regulatory provision and which, or establishes the framework for the future authorisation of projects legally subject to environmental impact assessment in matters such as transport, territory or the use of the soil, or require an assessment for affecting Natura 2000 sites in the terms provided for in Law 42/2007 of 13 December 2007 on Natural Heritage and Biodiversity.

This is the case in the case of the State Waste Framework Plan (PEMAR), whose strategic environmental assessment, by ordinary procedure, has been carried out in accordance with Articles 17 to 25 of the Environmental Assessment Act.

The main elements of the evaluation practiced are summarized below:

1. Program Information: Promoter and noun, Object and Justification, Scope

Promoter and substantive organ: General Subdirection of Waste from the Ministry of Agriculture, Food and Environment.

Object and justification: Directive 2008 /98/EC, Waste Framework, provides for the implementation of waste management plans and is therefore included in Law 22/2011 of 28 July on contaminated waste and soils which, in its Article 14.1 provides that the Ministry responsible for the environment, after consulting the Autonomous Communities, local authorities, other ministries concerned and, where appropriate, in collaboration with other Member States, establish, in accordance with that Law, the State Framework Plan for Waste Management.

In the same article, we specify the main contents of the State Plan that will be the general strategy of the waste policy, the guidelines and the structure to which the autonomic plans will have to be adjusted, as well as the minimum targets to be met for prevention, preparation for reuse, recycling, recovery and disposal. The determination of these objectives should be consistent with the greenhouse gas reduction strategy and the international commitments on climate change.

On the other hand, Article 12 of the same Law 22/2011, concerning administrative powers, confers on the Ministry responsible for the environment, the establishment of the minimum reduction targets in the waste generation, as well as preparation for reuse, recycling and other forms of mandatory recovery of certain types of waste.

The State Waste Framework Plan (PEMAR) is guided by the principle of waste hierarchy which states that prevention should be the main priority in the management, followed by this order of preparation for the reuse, recycling and other recovery activities, including energy. As a last option the removal would be left.

The main objective of the Plan is to meet the existing objectives of preparation for reuse, recycling and recovery of waste, and to move from a situation in which the landfill site (disposal) represents 44% of the total waste. % of the total volume of waste to a scenario where this option is a minority.

The specific objectives that are included in the PEMAR, for each of the waste streams considered, are consistent with this principle of hierarchy, which involves increasing the recovery of the waste and reducing its deposit in the landfills. In order to ensure compliance, the Autonomous Communities shall at least apply the waste management objectives as regards the waste generated in their territory, and shall draw up the corresponding autonomic management plans. wastes.

In turn, in accordance with Article 14.3 of Law 22/2011, local entities, within the framework of their competencies, may develop waste management programs, always in accordance with and in coordination with the PEMAR and with the plans. autonomics.

The PEMAR includes all waste streams, both those with specific legislation and those to which the general regime established in Law 22/2011 applies.

These waste streams are as follows:

Domestic and commercial waste. Strategy for the reduction of landfill of biodegradable waste.

Packaging.

Waste electrical and electronic equipment.

Vehicles at the end of their useful life.

Tires out of use at the end of their useful life.

Oils used.

Batteries and batteries.

Construction and demolition waste.

Sewage sludge.

PCBs and PCTs (polychlorinated biphenyls and polychlorinated terphenyls) and devices containing them.

Agricultural waste.

Waste from extractive industries.

Industrial waste (without specific legislation).

Vessels and boats at the end of their useful life.

Sanitary waste.

In each of them, the PEMAR includes the applicable specific regulations, a balance sheet and assessment of the situation of the generation and management of this waste stream in recent years, the establishment of a series of quantitative and qualitative objectives, as well as the strategic orientations proposed for their achievement.

In addition, three separate sections are included respectively for the landfill of waste in landfills, for imports and exports of waste, and for contaminated soils.

Territorial scope: PEMAR applies to the entire territory of the State.

2. More significant environmental elements

It should be taken into account that the PEMAR does not determine location criteria, nor identifies the individual capacities and sites of the new waste management facilities, since they are of regional competence, elements shall be considered by the regional plans and, where appropriate, by the waste management programmes of the local authorities.

Taking into account this character of the PEMAR which determines that it is a "plan coordinator plan", the Promoter does not detect negative effects on the environment in the proposed alternative, called "A2" and consists of " a increased preparation for reuse, recycling and recovery of waste, and a reduction in landfill to meet the legal objectives ".

However, it does highlight the positive effects associated with meeting the objectives that the PEMAR defines for each waste stream, as shown in table number 1:

Table 1. Significant positive environmental effects associated with the fulfillment of PEMAR targets for each waste stream

Waste Flow

increasing preparation for reuse and recycling, the proposed objectives have a positive effect on the biodiversity.

To the extent that you are committed to preparing for reuse, recycling, and separate collection of bio-waste, energy recovery of rejections and limited to the capacity of biodegradation of waste discharges, the objectives have a very positive impact on climate change and positive on quality

As preparation for reuse and recycling and disposal of untreated waste (less production of leachate) is increased, the impact on water is positive to the extent that it is reduces consumption and improves quality.

In relation to the soil, as the demand for new raw materials is reduced, by limiting the use of biostabilized and increasing the use of high quality compost and limiting dumping, the impact is very positive on soil, food and human health.

The_table_to_izq"> In relation to material resources, the impact is very positive, since encouraging the preparation for reuse and recycling reduces the need for new raw materials.

the extent to which the objectives have a positive overall effect on all the receiving media, the biodiversity and climate change, the objectives contribute to the protection of human health.

To the extent that the Plan advances in the reduction of "littering", the effect of the objectives and measures on the landscape and the heritage is positive.

the extent that PEMAR encourages material recovery (preparation for reuse, recycling, and other forms of recovery) Up to 70% in 2020, they contribute to the conservation of biodiversity, natural and historical heritage, protection of water, soils and material resources

Positive Environmental

Envases.

Increased separate collection and recycling the proposed targets have a positive effect on biodiversity, on climate change, water and material resources.

The review of packaging regulations will have a positive indirect effect on improving the management of packaging waste, which will result in a lower impact on the different environmental compartments.

Waste electrical and electronic equipment.

Increased preparation for reuse and recycling and the correct treatment of dangerous substances which some of the WEEE contain, the proposed objectives have a positive effect on human health, biodiversity, climate change, water and material resources

Vehicles at the end of their useful life.

To the extent that the Plan is committed to ensuring the decontamination of vehicles before the rest of the treatment operations and ensures the correct management of the extracted waste, contributes to the protection of water, atmosphere, soil and human health.

Advancing in the correct management of the VFU not included In Royal Decree 1383/2002 it contributes positively to the environmental compartments

Neumatics out of use at the end of their useful life.

The aim of the recovery of these wastes is 100%, which contributes to the conservation of the biodiversity, water protection and material resources.

Energy recovery of tyres has a positive contribution in terms of climate change, replacing other fuels of origin fossil since natural rubber is of renewable origin

Aceites used.

To the extent that used oil is a hazardous waste and is proposes to collect 100% and manage it properly, its impact on all environmental compartments is clearly positive.

Pies and Batteries.

When you increase the collection targets for the different types of batteries and batteries, you ensure the proper management of these, especially those containing dangerous substances, so that the impact of the proposed objectives on all the environmental compartments is clearly positive, especially in the case of water, soil, human health and material resources.

of wastewater.

Advancing a the treatment of sludge to the final destination and control of pollutants, especially when this destination is agricultural recovery, has a direct positive impact on soils, water and human health.

the extent to which the treated sludge is used for agricultural recovery, the need to provide other fertiliser products is reduced. What brings a positive impact on material resources and climate change

PCB and PCT.

Since PCBs are pollutants Persistent organic and hazardous waste, and it is proposed to decontaminate the devices containing it and its disposal, has a clearly positive impact on all the environmental compartments (soil, water and air) and on health human and biodiversity

waste.

Ensuring the correct management of agricultural waste has a direct positive impact on landscape, biodiversity, water, soil, air, as well as food and human health

Waste from extractive industries.

In relation to the proposed objectives, the impacts that derive from it positively affect the landscape, soil, air, water, biodiversity and human health

Waste industrial (without specific legislation).

In relation to the improvement of the management of industrial waste the impacts that arise from it will positively affect the landscape, soil, air, water, biodiversity, human health and material resources

and vessels at the end of their useful life.

The establishment of these facilities in Spain has a positive overall effect as ships are prevented from being used for scrapping in other countries under conditions that do not ensure the protection of human health and the environment.

On the other hand, adequate management of ships allows to obtain materials for recycling and to properly separate waste the ship's dangerous for subsequent treatment. All this has a positive impact on human health, material resources, biodiversity and water

waste.

Improving the Health waste management has a major positive impact on human health as it prevents the transmission of diseases, virus infections, bacteria, associated with this type of waste. Also and more indirectly it has a positive effect on biodiversity, water, soil and air

Waste in landfill.

The objectives They have a positive impact on water, soil, air and human health because the correct identification of the waste destined for landfill allows them to be destined to the appropriate landfills, thus ensuring their correct destination.

The reduction of the amounts of waste deposited in landfill incites positively on the availability of waste destined for priority management options which has a positive impact on all environmental fields.

The reduction of the landfill of biodegradable waste has a clearly positive impact on climate change, soil and water

contaminated soils.

Identification of activities with greater the potential for soil contamination as well as its monitoring and monitoring and the identification of Already contaminated soil for further decontamination involves positive impacts on water, soil, air, biodiversity, landscape and human health

3. Main milestones of the environmental assessment procedure

Date

Initial Document Entry

12/02/2015

previous queries

24/02/2015

Scope Document Approval

05/05/2015

Home Public Information

02/06/2015

End Public Information

23/07/2015

The documents associated with the main milestones of the environmental assessment procedure (Strategic Initial Document, Observations received in previous consultations, Scope Document, Strategic Environmental Study, Report on the comments received in the public information and the version of the Plan after the public consultation) can be found on the Internet through the application "SABIA" (section "Consultation of Plans and Programmes") of the Ministry of Agriculture, Food and the Environment, in the electronic address:

http://www.magrama.gob.es/es/

To facilitate the search in this application, the environmental assessment file code of the State Waste Plan (PEMAR), which is 2015P005, can be used.

4. Results of queries and public information made

In compliance with Article 19 of the Environmental Assessment Act, consultations were held with the public authorities concerned and the persons concerned during the months of March and April 2015, the result of which may be See the Scope Document. Of the 135 entities consulted, 34 made forward observations.

The Strategic Environmental Study was conducted based on the indications contained in the Scope Document and, from June 2, 2015 to July 23, submitted for consultation and public information along with the draft of the Program, in compliance with the provisions of Articles 21 and 22 of the Environmental Assessment Act. 106 allegations were received of which 4 were made out of time.

Documents Document of Scope and Report of the Public Information Process Strategic Environmental Study and Summary of the Integration of Environmental Aspects in the Plan describe the allegations received and how they have been taken under consideration and can be consulted on the Internet, as already mentioned in the previous section of this Strategic Environmental Statement.

5. Environmental determinations

The State Waste Plan (PEMAR) is set up as an instrument for coordinating the plans that, in the future and on waste management, will define the Autonomous Communities and local authorities, thus providing for measures always on a supra-autonomic scale. In fact, it does not explicitly provide for specific action or provide for a specific budget for its implementation. In this sense, the application of PEMAR has no direct negative effects on the environment.

In any case, the environmental body sets out below a set of criteria, in order to guide the selection of the concrete actions to be carried out in the framework of PEMAR by the autonomous communities and the local authorities, which are the result of the analysis, and of the information and public consultation carried out in the process of strategic environmental assessment, mainly as regards the prioritisation of actions, as well as the location and construction of waste management facilities.

On selection of performances:

The selection of actions under PEMAR should respect the determinations of Directive 2008 /98/EC, known as the Waste Framework Directive which, in Article 13 thereof, provides for Member States to adopt the measures necessary to ensure that waste management is carried out without endangering human health and without harming the environment and in particular: (a) without creating risks for water, air or soil, or for fauna and flora; (b) without causing discomforts by noise or odours; and (c) without attacking landscapes and places of particular interest.

In addition, the principle of waste hierarchy set out in Article 4 of this Directive should be complied with, in relation to the order of priorities in legislation and policy on the prevention and management of waste, and that be, in this order: prevention, preparation for reuse, recycling, other type of recovery, for example, energy recovery; and disposal.

On the other hand, if the actions are to be financed with European funds, it should be taken into account that the new Multiannual Financial Framework for the period 2014-2020 and, on the basis of the Union Treaty itself, provides that the Sustainable development will be a horizontal principle applicable to all policies developed by the Member States. In this period, the Cohesion Policy includes as a new condition for the financing of investments, the fulfilment of certain prerequisites (ex ante conditionality), in order to ensure the effectiveness of the investments that will be to finance these funds. Among the ex-ante conditions established for the waste sector are the existence of waste management plans in accordance with Article 28 of the DMR, as well as the adoption of the necessary measures for waste management. to achieve the objectives for reuse, recycling and recovery laid down in Article 11 of that Directive. With this in mind, it is intended that the investments to be financed are economically and environmentally sustainable, and are justified in the autonomic plans of waste management, elaborated in accordance with Law 22/2011, with the State Plan and with the waste hierarchy.

In addition, Article 8 of Regulation 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on European funds provides that the Member States of the European Union The European Union and the Commission shall ensure that, in the preparation and implementation of the programmes, the requirements for environmental protection, efficiency in the use of natural resources, protection of biodiversity and increase in the use of natural resources are promoted. ability to adapt to disasters and risk prevention and management. Specifically, this Regulation refers to climate change as it establishes that its mitigation and adaptation to it constitute itself a cross-cutting objective that will be present in the preparation, programming, implementation, monitoring and evaluation of all funds.

Taking into account the above, the environmental body has determined a series of sustainability principles that should guide the implementation of PEMAR and that are summarized as follows:

a) The application of the waste hierarchy.

b) The consideration of precautionary and precautionary principles and precautionary measures that minimize negative effects on the environment.

c) The correction and compensation of environmental impacts that cannot be eliminated "a priori".

d) Minimization of the consumption of natural resources (energy, water, etc.).

e) The analysis of the "life cycle", that is, the taking into account of the environmental impacts of a product or service during all stages of its existence (extraction, production, distribution, use and disposal).

f) Action according to the best possible scientific knowledge and best environmental practices.

g) The application of the "polluter pays" principle through the use of economic instruments.

h) The contribution to mitigation and adaptation to climate change.

These general principles should be added, as more specific, to those set out in the Communication of the European Commission of 27 May 2003 entitled " Towards a Thematic Strategy for the Prevention and Recycling of (COM (2003) 301).

In addition, other complementary sustainability criteria must be respected, such as the content of the following European strategies and programmes:

i. Sustainable use of natural resources (Strategy: A Europe that effectively uses resources-The flagship initiative of the Europe 2020 strategy (COM (2011) 571).

ii. Prioritisation of measures involving lower consumption or energy saving and the imposition of renewable energy (European Strategy 2020 (COM (2010) 2020).

iii. Reduction of air pollution (Thematic Strategy on Air Pollution COM (2005) 446).

iv. Detention of biodiversity loss (EU biodiversity strategy until 2020: our life and natural capital insurance (COM (2011) 244).

v. Contribution to the good status of marine waters under the Marine Strategy Framework Directive (Directive 2008 /56/EC).

vi. Reduce erosion by anthropic causes (Thematic Strategy for Soil Protection (COM (2006) 232).

vii. Protection, management and management of the landscape and promotion of actions involving the protection and enhancement of cultural heritage (European Landscape Convention: The European Landscape Convention entered into force on 1 March 2004. Spain has ratified the said Convention on 26 November 2007 (BOE of 5/02/2008).

Therefore, in the selection of actions in the PEMAR framework, priority must be given to those that:

1. Contribute to minimising the negative effects of the generation and management of waste for human health and the environment.

2. Contribute to decoupling economic growth from increased waste generation.

3. Apply the proximity principle in such a way that when the disposal and recovery of mixed waste is to be used, it is carried out in the appropriate facilities closest to the place where the waste is generated.

4. Implement separate collection of bio-waste to minimize negative environmental impacts associated with other management options for these wastes.

5. Strengthen separate collection of different materials to ensure quality recycling and contribute to the saving of raw material consumption and the protection of resources.

6. They are adapted to the specific socioeconomic conditions of the territories, such as population density, structure of wealth production, development of the transport network, etc.

7. Contribute to the reduction of "Marine Basuras", as defined in the marine strategies defined in the framework of Law 41/2010, of 29 December, of Protection of the Marine Environment.

In the specific case of infrastructure construction or installation of installations, in addition to the above criteria, it should be noted that:

8. Priority will be given to smaller treatment facilities that will set up a distributed management network in proximity, as they minimize the impacts and are more environmentally and economically efficient, due to the lower consumption of resources and fuels, as it reduces the transport of waste and facilitates the use of materials obtained in proximity.

9. Within the same investment priority, those operations for which, either due to its reduced impacts, the submission to an environmental treatment is not necessary, or it has already been concluded with a Declaration of Impact, will be favored. Favorable Environmental, as required by Law 21/2013, of December 9, of Environmental Assessment.

10. In its location, the non-affectation to the Natura 2000 sites will be sought. In addition, the landscape integration and the protection and replacement of the livestock pathways will be taken into account.

11. In the event that discharges of surface water or groundwater could occur, it will be verified, by the Competent Authority of the Hydrographic Demarcation where they are located, their compatibility with the Hydrological Plan. In addition, the relevant discharge authorisations shall be required.

Assessing the environmental effects of facilities and infrastructure

The autonomic waste management plans will assess the characteristics of the effects of the planned actions on the environment, considering in particular:

a) The probability, duration, frequency, and reversibility of the effects.

b) The cumulative character of the effects.

c) The cross-border nature of the effects.

d) Risks to human health.

e) The value and vulnerability of the area likely to be affected by its special nature features or existing cultural heritage.

Once these impacts are described, these plans must specify which measures can prevent, reduce, and, as far as possible, remove them.

In any case, the project, construction and operation of structural operations and installations must comply with the following determinations:

i. As far as possible, new actions will be provided for the infrastructure needed to exploit renewable energy sources.

ii. The construction techniques and materials needed to promote the landscape integration of the infrastructure and facilities will be adopted.

iii. The location of the performances in areas identified as of historical, archaeological or paleontological interest will be avoided.

iv. Precautions should be exercised to avoid the risks of dumping, direct or indirect, to the hydrographic network or aquifers, of polluting residues. In addition, as far as possible, efforts should be made to move the facilities away from the channels, preventing their location from affecting the water system or the structure and composition of the riverside vegetation.

v. To be respected, as far as possible, the existing tree-bearing and tree-bearing vegetation, eliminating only strictly essential specimens.

vi. In sensitive areas and with high ecological value, the transit of machinery must be limited to areas designated for this purpose, which will be at a standstill. In addition, a check shall be established on the provenance of the land used to prevent the spread of species considered invasive.

vii. the area affected by the action shall be left under appropriate substrate and slope conditions to facilitate its regeneration.

About the effects on the Natura 2000 Network:

The actions that PEMAR provides in the catalogued spaces with some protection figure, such as the Natura 2000 Network (LIC, ZEC and ZEPA), Wetlands of International Importance (RAMSAR list) and the rest of the figures In Law 42/2007 of 13 December 2007 on Natural Heritage and Biodiversity, they will have to undergo an appropriate assessment of their impact which will be carried out in accordance with the basic State legislation and the additional Community legislation. Autonomous areas where they are located, without compromising the conservation objectives of the sites.

In any case, in projects which have undergone an appropriate assessment of their impact on the site of the Natura 2000 network, if their conclusion is negative, the requirements referred to above must be met. Article 45 of Law 42/2007, of 13 December, of Natural Heritage and Biodiversity, as they do, in the absence of alternatives, for imperative reasons of public interest of the first order and that take all measures Compensatory measures are necessary to ensure that the overall coherence of the Natura 2000 network is insured.

For the selection of projects under PEMAR and, in particular for those located in the Natura 2000 network, in addition to the prioritisation criteria mentioned in the above section, they will be considered:

12. The compatibility of the planned actions with the Protected Space Management Plan.

13. The contribution to the maintenance of a favourable conservation status for natural ecosystems and, in particular, habitats and species that are the subject of conservation.

14. The contribution to the conservation of biodiversity and the maintenance of ecosystem services.

On environmental tracking:

The substantive body should carry out periodic monitoring of the main effects that the implementation of PEMAR produces on the environment for the implementation of environmental monitoring measures in line with the principles of sustainability and the environmental objectives and indicators that have been proposed during the environmental assessment of the Plan. These criteria and indicators are based on those described in Chapter 4 and Annex II of the Scope Document and are listed in Table No. 17 of the Strategic Environmental Study.

Accordingly, according to the common strategic environmental assessment practiced under Section 1 of Chapter I of Title II of the Environmental Assessment Act, a favorable strategic environmental statement of the State Waste Plan (PEMAR), concluding that, in compliance with the environmental requirements resulting from the present Strategic Environmental Declaration, no significant adverse impacts will occur.

This Resolution will be made public through the "Official State Gazette" and the website of the Ministry of Agriculture, Food and the Environment (http://www.magrama.gob.es/es/), which should be understood as not exempting the promoter from obtain the environmental authorisations that are legally enforceable.

In accordance with Article 25.4 of the Law on Environmental Assessment, the strategic environmental statement shall not be subject to any action without prejudice to those which, where appropriate, proceed in judicial proceedings against the provision of a general character that has approved the plan or programme or of those who proceed in administrative or judicial way in the event of adoption or approval of the plan or programme.

Madrid, October 8, 2015. -Secretary of State for the Environment, Pablo Saavedra Inaraja.