Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-11385
Evaluation environmental strategic (EAE), regulated by the law 21/2013, 9 December, environmental assessment, has as main aim the integration of environmental aspects in public planning. Is is of avoid, already from the first phases of its conception, that them performances planned in a Plan or program may cause effects adverse in the environment.
According to the article 6 of the law of evaluation environmental, will be object of an evaluation environmental strategic ordinary, between others alleged, them plans that is adopt or pass by an administration public whose elaboration and approval come demanded by a disposal legal or regulatory and that, or establish the frame for it future authorization of projects legally subject to evaluation of impact environmental in materials as are the transport , management of the territory or the use of the soil, either require an assessment by affect Natura 2000 network areas in the terms provided in the law 42/2007, of December 13, of Natural Heritage and biodiversity.
Thus occurs in the case of the Plan State frame of waste (PEMAR) whose evaluation environmental strategic, by procedure ordinary, is has made according to what established them articles 17 to 25 of the law of evaluation environmental.
The main elements of the practiced evaluation are summarized below: 1. program information: promoter and substantive body, object and justification, scope promoter and substantive organ: Sub-Directorate General of waste of the Ministry of agriculture, food and environment.
Object and justification: the Directive 2008 / 98 / CE, frame of waste, provides it put up of plans of management of waste and thus is collected in it law 22 / 2011, of 28 of July, of waste and soils contaminated that, in its article 14.1, establishes that the Ministry competent in matter of environment, prior consultation to them communities autonomous , local authorities, other affected ministries and, where appropriate, in collaboration with other Member States, shall establish, in accordance with the abovementioned law, the State Plan framework of waste management.
In the same article, specified the main contents of the State Plan that will be the general strategy of the policy of waste, orientations and the structure that should follow the regional plans, as well as the minimum objectives to comply with prevention, preparation for re-use, recycling, recovery and disposal. The definition of these objectives should be consistent with the strategy of reduction of greenhouse gas and international commitments on climate change.
On the other hand, the article 12 of the same law 22 / 2011, relative to them powers administrative, attributed to the Ministry competent in matter of environment, the establishment of them objectives minimum of reduction in the generation of waste, as well as of preparation for the reuse, recycled and others forms of valorization compulsory of certain types of waste.
The waste framework State Plan (PEMAR) is oriented by the principle of the waste hierarchy that establishes that prevention should be the priority in management, followed, by this order, the preparing for re-use, recycling and other activities of recovery, including the energy. As a last option would be the elimination.
He objective fundamental of the Plan is comply with them objectives current of preparation for reuse, recycled and valorization of waste, and pass of a situation in which the deposit in landfills (elimination) represents the 44% of the volume total of waste to a scenario in which this option is minority.
Them objectives specific that is include in the PEMAR, for each one of them flows of waste considered, are consistent with this principle of hierarchy that involves increase the valuation of them waste and decrease its deposit in landfills. To ensure compliance, the autonomous communities shall, as a minimum, apply the objectives of waste management in regards to waste on its territory, and shall draw up corresponding regional waste management plans.
At the same time, in accordance with article 14(3) of the law 22/2011, local authorities, within the framework of its powers, may be elaborated programmes of waste management, compliance and in coordination with the PEMAR and regional plans.
He PEMAR includes all the flows of waste, both which have a legislation specific as those to which is them applies the regime general established in the law 22 / 2011.
These waste streams are as follows: domestic and commercial waste. Landfill of biodegradable waste reduction strategy.
Waste electrical and electronic equipment.
Vehicles at the end of its useful life.
Tires out of use at the end of his life useful.
Batteries and batteries.
Construction and demolition waste.
Sludge from wastewater treatment.
PCBS and PCTS (polychlorobiphenyl and polychlorinated terphenyls) and devices containing them.
Waste from extractive industries.
Industrial waste (non-specific legislation).
Ships and boats at the end of its useful life.
Health care waste.
In each of them, the PEMAR includes specific legislation, a balance and evaluation of the situation of the generation and management of that flow of waste in recent years, the establishment of a series of quantitative and qualitative targets, as well as the strategic directions proposed for their achievement.
In addition, include three sections devoted respectively to the deposit of waste in landfills, the imports and exports of waste, and contaminated soils.
Territorial scope: the PEMAR applies to the whole of the territory of the State.
2. elements environmental more significant should have is in has that the PEMAR not determines criteria of location, or identifies the capabilities individual and sites of them new facilities of management of waste because, to the be of competition autonomic, these elements will be considered by them plans autonomic and, in his case, by them programs of management of waste of them entities local.
Taking into account this character of the PEMAR that determines to be a 'plan Coordinator plans', the promoter does not detect negative effects on the environment in the alternative proposal, called «A2» and consists of "an increase in preparation for reuse, recycling and recovery of waste," and a reduction of the dumping to give legal objectives.
However, if highlights the positive effects associated with the fulfillment of the objectives which the PEMAR defines for each waste stream, as shown in table number 1: table no.1. Positive significant environmental effects associated with PEMAR objectives for each positive environmental effects waste stream waste domestic and commercial waste stream.
To increase preparation for reuse and recycling, the proposed objectives have a positive effect on biodiversity.
To the extent that is committed to the preparation for reuse, separate bio-waste collection, recycling and energy recovery of rejections and the ability of biodegradation of the landfilled waste is limited to the maximum, objectives have a very positive impact on climate change and positive on the quality of the air.
To the increase is the preparation for the reuse and the recycled and eliminate is the poured of waste without treat (less production of leachate) the impact on the water is positive to the extent that is reduces the consumption and is improves the quality.
In relation to the ground, to reduce the demand for new raw materials, to limit the use of bioestabilizado and increase the use of high-quality compost, and limit the discharge, the impact is very positive on soil, food and human health.
In relation to material resources, the impact is very positive as encouraging preparation for reuse and recycling reduces the need for new raw materials.
To the extent that goals have a positive overall effect on all media receivers, biodiversity and climate change, objectives contribute to the protection of human health.
To the extent that the Plan advances in the reduction of the «littering», the effect of those objectives and measures about the landscape and the heritage is positive.
To the increase is the collected separate and the recycled them objectives proposed have an effect positive on the biodiversity, on the changing climate, the water and them resources materials.
The review of the normative in matter of containers will have an effect indirect positive in improve the management of them waste of containers, what is translated in a lower impact in them different compartments environmental.
Waste of appliances electrical and electronic.
To the increase is the preparation for the reuse and the recycled and the correct treatment of them substances dangerous that some of them WEEE contain, them objectives proposed have an effect positive about the health human, the biodiversity, the change climate, the water and them resources materials.
Vehicles at the end of its useful life.
To increase the reuse, recycling and recovery of the VFU, the proposed objectives have a positive effect on biodiversity, climate change, water and material resources.
To the extent that the bet Plan by ensuring the decontamination of vehicles before the rest of treatment operations and ensures the proper management of the extracted residue, contributes to the protection of water, atmosphere, land and human health.
Advance in the correct management of the VFU not included in the Real Decree 1383 / 2002 contributes positively in them compartments environmental.
Tires out of use at the end of its useful life.
The aim of these waste, stands at 100%, which contributes to the conservation of biodiversity, protection of water and material resources.
The recovery energy of them tires has a contribution positive in terms of change climate, to the replace to other fuels of origin fossil since the rubber natural is of origin renewable.
To the extent that the used oil is a hazardous waste and aims to collect 100% and manage it properly, its impact on all environmental compartments is clearly positive.
Cells and batteries.
To the increase is them objectives of collected of them different types of batteries and batteries, is ensures the correct management of them same, especially which contain substances dangerous, by what the impact of them objectives proposed on all them compartments environmental is clearly positive, especially in the case of the water, the soil, the health human and them resources materials.
Construction and demolition waste.
In so far as the PEMAR promotes it recovery material (preparation for it reuse, recycled and others forms of valorization) until achieve the 70% in 2020, is contribute to the conservation of the biodiversity, heritage natural e historical, protection of the water, soils and of them resources materials.
Sludge from wastewater treatment.
Advance in an adaptation of the sludge treatments to the final destination and control of contaminants, especially when this destination is agricultural valorization, directly has a positive impact on soils, water, and human health.
Insofar as treated sludge are intended for agricultural recovery, the need to bring other fertilizer products is reduced. What carries an impact positive in them resources materials and in the changing climate.
PCBS and PCTS.
Since them PCB are contaminants organic persistent and are waste hazardous, and is proposes the decontamination of them devices that it contain and its elimination, has an impact clearly positive on all them compartments environmental (soil, water and air) and on the health human and the biodiversity.
Ensure the correct management of agricultural waste has a direct positive impact on the landscape, biodiversity, water, soil and air, as well as food and human health.
Waste from extractive industries.
In relation to the objectives proposed, them impacts that is derived of this affect positively to the landscape, soil, air, water, biodiversity and health human.
Waste industrial (without legislation specific).
In relation to the improvement of the management of industrial waste impacts arising from this will affect positively the landscape, soil, air, water, biodiversity, human health and material resources.
Ships and boats at the end of its useful life.
The establishment of these facilities in Spain has a positive global effect since it avoids that vessels intended for their disposal in other countries under conditions which ensure the protection of human health and the environment.
On the other hand, the proper management of ships allows materials for recycling and properly separate hazardous waste from the ship for their further treatment. This positively affects human health, material resources, biodiversity and water.
Improve the management of them waste health has an impact positive mainly in the health human since is prevents the transmission of diseases, infections by virus, bacteria, associated to this type of waste. Also and way more indirectly has a positive effect on biodiversity, water, soil and air.
Waste in landfills.
Objectives have a positive impact on water, soil, air and human health since the correct identification of the waste intended for landfill permits allocated to appropriate landfills, thus ensuring its correct destination.
The reduction of the quantity of waste deposited in landfill affects positively the availability of waste intended for priority management options which impact positively on all environmental areas.
The reduction of the landfill of biodegradable waste has a clearly positive impact on climate change, soil and water.
The identification of the activities with the greatest potential of contamination of the soil as well as its control and monitoring and identification of soil already contaminated his subsequent decontamination implies positive impacts on water, soil, air, biodiversity, landscape and human health.
3. the main milestones of the procedure of environmental assessment process date 12/02/2015 strategic initial document input home of prior consultations 24/02/2015 approval document of reach 05/05/2015 home information public 02/06/2015 end 23/07/2015 public information documents associated with the major milestones of environmental assessment (strategic initial document, comments received in the consultation procedure Document scope, strategic environmental study, a review of the comments received in the public information and Version of the Plan after public consultation) can be found online via the «WISE» («Plans consultation» and programs section) of the Ministry of agriculture, food and environment, at the address: http://www.magrama.gob.es/es/ to facilitate the search in this application You can use the code of the record of the State Plan of waste (PEMAR) environmental assessment which is the 2015P005.
4. results of the consultation and public information carried out pursuant to article 19 of the environmental assessment Act, were conducted consultations with affected administrations and stakeholders during the months of March and April 2015, whose result can be found in the scope document. 135 institutions surveyed, 34 made observations in time.
The strategic environmental study was performed from the indications contained in the document scope and, since June 2, 2015, to July 23, subject to consultation and public information together with the draft of the programme, in compliance with that established articles 21 and 22 of the environmental assessment Act. Be received 106 claims of which 4 it made out of time.
Scope document documents and report of the process of public information strategic environmental study and overview of the integration of environmental aspects in the Plan described the allegations received and how taken into consideration and can be found on the Internet, as he has already mentioned in the previous section of this strategic environmental statement.
5. environmental determinations the State Plan of waste (PEMAR) is configured as an instrument of coordination of the plans that, in the future, and on waste management, will define the autonomous communities and local entities so it provides measures always on a supra-autonomica scale. In fact, it does not explicitly address specific actions or provides a budget determined for execution. In that sense, the application of PEMAR not have effects negative significant direct on the environment.
In all case, the organ environmental exposes then a series of criteria, in order to serve of guide to the selection of them performances specific to develop in the framework of PEMAR from them communities autonomous and them entities local, and that are fruit of them analysis, and of the information and consultation public made in the process of evaluation environmental strategic , primarily in what is refers to the prioritization of performances, as well as to the location and construction of the facilities of management of waste.
On the selection of performances:
The selection of actions in the framework of PEMAR, must comply with the determinations of the Directive 2008/98/EC, known as the policy framework for waste which, in its article 13, establishes that Member States shall take the necessary measures to ensure that the waste management shall be performed without endangering human health and without harming the environment and (, in particular: to) without creating risks for the water, the air or the soil, or for the fauna and the flora; (b) without cause nuisance through noise or odours; and (c) without violating the landscapes and places of special interest.
In addition, you must meet the principle of the waste hierarchy that specified in article 4 of this directive, in relation to the order of priorities in the legislation and the policy on the prevention and management of waste, and will be, in this order: prevention, preparation for re-use, recycling, other recovery, e.g. energy recovery; and elimination.
On the other hand, if the actions will be financed with European funds, must be taken into account that the new multiannual financial framework, for the period 2014-2020 and, on the basis of own of the Union Treaty, establishes that sustainable development will be a horizontal principle applicable to all policies developed by the Member States. In this period, Cohesion policy includes as new condition for the financing of projects, compliance with certain prerequisites (conditionality ex-ante), in order to ensure the effectiveness of the investments that will be financed with these funds. Between them conditions ex before established for the sector of them waste is include the existence of plans of management of waste of conformity with it established in the article 28 of the DMR, as well as the adoption of them measures necessary for reach them objectives on reuse, recycled and valuation established in the article 11 of the cited directive. With all this, is aims to that the investment object of funding are economic and environmentally sustainable, and are justified in them plans autonomic of management of waste, elaborate of conformity with the law 22 / 2011, with the Plan State and with the hierarchy of waste.
In addition, article 8 of the regulation 1303 / 2013, of the European Parliament and of the Council of 17 December 2013, which lays down common provisions relating to European funds, establishes that the Member States of the European Union and the Commission shall ensure that, in the preparation and implementation of programmes, promote the environmental protection requirements , efficiency in the use of natural resources, protection of biodiversity and increased resilience against disasters and prevention and risk management. Very specifically, this regulation is refers to the change climate since sets that your mitigation and the adaptation to the same constitute in itself a target cross that will be present in the preparation, programming, application, follow-up and evaluation of all them funds.
Taking into account the above, the Environment Agency has determined a set of principles which should guide the implementation of PEMAR and sustainability which in short are the following: to) the application of the waste hierarchy.
(b) the consideration of the principles of caution and action preventive and precautionary measures that minimize them effects negative on the environment.
(c) correction and compensation of impacts on the environment that cannot be eliminated "a priori".
(d) minimizing the consumption of natural resources (energy, water, etc.).
(e) analysis of the «life cycle», i.e. 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) the action according to the best knowledge scientific as possible and to the best practices environmental.
(g) the application of the principle of "Who pollutes, pays» through the use of economic instruments.
(h) the contribution to the mitigation and adaptation to the changing climate.
These general principles should be added, as more specific, referred to in the communication of the European Commission, of 27 May 2003, entitled 'towards a thematic strategy on the prevention and recycling of waste' (COM(2003) 301).
In addition, other complementary criteria of sustainability, must be respected as they are the contents in the following European programmes and strategies: i. sustainable use of natural resources (strategy: A Europe that effectively uses the resources — flagship initiative of the Europe 2020 strategy (COM (2011) 571).)
II. prioritisation of the measures that entail a lower consumption or energy saving and the renewable energy imposed (2020 European strategy (COM (2010) 2020).)
III. reduction of air pollution (thematic strategy with respect to air pollution COM(2005) 446).
IV. detention of the loss of biodiversity (strategy of the EU on the biodiversity until 2020: our insurance of life and capital natural (COM (2011) 244).)
v. contribution to the good state of marine waters according to the framework of marine strategy directive (Directive 2008/56/EC).
VI. reducing erosion by anthropogenic causes (thematic strategy for the protection of soil (COM(2006) 232).)
VII. protection, management and planning of the landscape and development of the proceedings involving the protection and valorisation of cultural heritage (European Landscape Convention: the European Landscape Convention entered into force on 1 March 2004.) Spain has ratified this Convention on November 26, 2007 (BOE of 5/02/2008).
Therefore, in the selection of actions in the framework of PEMAR must be prioritized those that: 1. contribute to minimize the negative effects of the generation and management of waste to human health and the environment.
2. contribute to uncouple the growth economic of the increase of the generation of waste.
3. apply the principle of proximity so when is have that go to the removal and recovery of waste mixed, this is perform in them facilities adequate more nearby to the place in which is generates the residue.
4 introduce the separate collection of bio-waste to minimize negative environmental impacts--associated with other waste management options.
5 strengthen the separate collection of different materials to ensure a quality recycling and contribute to the saving of the consumption of raw materials and the protection of resources.
6 adapt to specific Territories socio-economic conditions, such as population density, structure of the production of wealth, development of the network of transportation, etc.
7 help reduce «Marine wastes», as they establish the marine defined strategies within the framework of law 41/2010 of 29 December, of protection of the marine environment.
In the specific case of infrastructure construction or Assembly of facilities, in addition to the above criteria, should be taken into account that: 8. priority will be given to smaller treatment facilities that set up a distributed network of management in proximity since they minimize the impacts and are more efficient environmentally and economically, due to the lower consumption of resources and fuels , as reduces the transport of the waste and facilitates the use of the materials obtained in proximity.
9. inside of the same priority of investment, it will favour those operations for which, or by its reduced impacts not necessary submission to an environmental processing, either this already concluded with a positive environmental impact statement, according to which the law 21/2013, of 9 December, environmental assessment.
10. at its location, the affectation to the spaces of the Natura 2000 network will be sought. In addition, landscape integration and protection and replacement of livestock routes shall be taken into account.
11. in the event that discharges to surface or ground water masses may arise, shall be verified, by the competent authority of the hydrographic demarcation where are located, its compatibility with the Hydrological Plan. Also corresponding discharge authorisations will be mandatory.
On the assessment of the environmental effects of the facilities and infrastructure regional waste management plans shall evaluate characteristics of the effects that produce the actions foreseen on the environment, considering in particular: to) the probability, duration, frequency and reversibility of the effects.
(b) the cumulative nature of the effects.
(c) the transboundary nature of the effects.
(d) the risks to human health.
(e) the value and vulnerability of the area probably affected because of its special natural characteristics or existing cultural heritage.
A time described these impacts, these plans should specify what measures can prevent them, reduce them and, in the measure of it possible, eliminate them.
In all case, the project, construction and exploitation of performances structural e facilities must follow is to them following determinations: i. in the measure of it possible, is will provide to them new performances of the infrastructure necessary for exploit sources of energy renewable.
II. There shall be building techniques and materials necessary to enhance the landscape integration of infrastructure and facilities.
III. will prevent the location of actions in areas identified as historic, archaeological or paleontological interest.
IV. is must exercise them precautions to avoid them risks of poured, direct or indirect to the network hydrographic or to them aquifers, of waste pollutants. In addition, to the extent possible, efforts are made away runways facilities, avoiding that its location affect the hydrologic regime or the structure and composition of the riparian vegetation.
v. He is must respect, to the extent possible, existing tree and shrub bearing vegetation, eliminating only the strictly necessary copies.
VI. in sensitive areas with high ecological value transit of machinery shall be confined to areas designated for that purpose, which will be marked. In addition, a control of the origin of the lands used to prevent the spread of invasive species will be established.
VII. area affected by actions should be in adequate conditions of substrate and slope that facilitate its regeneration.
The effects on Natura 2000 network: actions providing PEMAR spaces listed with any figure of protection, such as Natura 2000 network (SCI, ZEC and ZEPA), list of wetlands of international importance (RAMSAR list) and the rest of figures collected in law 42/2007, of December 13, of the Natural Heritage and biodiversity, must undergo an appropriate assessment of their impact will be in accordance with basic State legislation and the additional the autonomous communities where they are located, without compromising the conservation objectives of the places.
Anyway, on projects that have been subjected to a proper assessment of its impact on the place of the Natura 2000 network, if its conclusion is negative, the requirements referred to in article 45 of the law 42/2007, of December 13, of the Natural Heritage and biodiversity, is must comply, among others, such as making it , in the absence of alternatives, for compelling reasons of public interest of the first order and taken necessary compensatory measures to ensure that the overall coherence of the Natura 2000 network is secured.
For the selection of projects in the framework of PEMAR and, in particular for those who are located in Natura 2000 network, in addition to the prioritization criteria mentioned in the preceding paragraph will be considered: 12. The compatibility of the actions foreseen in the protected area management plan.
13. the contribution to the maintenance of a condition favorable natural ecosystems and, specifically, of the habitats and species that are the subject of conservation.
14. the contribution to the conservation of biodiversity and maintenance of ecosystem services.
On environmental monitoring: the substantive body must be regular monitoring of the main effect PEMAR application in the environment for which shall implement measures of environmental monitoring in line with the principles of sustainability and indicators and environmental objectives that have been proposed for the environmental plan assessment. These criteria and indicators must be are based on those described in Chapter 4 and annex II of the document's scope and are listed in table 17 of the strategic environmental study.
Consequently, in accordance with practiced regular strategic environmental assessment pursuant to section 1 of chapter I of title II of the environmental assessment Act, is formulated favorable strategic environmental declaration of the State Plan of waste (PEMAR), concluding that, complying with environmental requirements deriving from the present strategic environmental declaration, significant adverse impacts will not occur.
This resolution will be made public through the "official State Gazette" and the website of the Ministry of agriculture, food and environment (http://www.magrama.gob.es/es/), and must be understood that it does not exempt the sponsor to obtain the environmental permits that are legally enforceable.
Of conformity with the article 25.4 of the law of evaluation environmental, against the statement environmental strategic not will proceed resource any without prejudice of which, in his case, come in via judicial facing it provision of character general that had approved the plan or program, or well which come in via administrative or judicial facing the Act , where appropriate, adoption or approval of the plan or programme.
Madrid, 8 October 2015.-the Secretary of State of environment, Pablo Saavedra Inaraja.
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