Directive 2006 /66/EC of the European Parliament and of the Council of 6 September concerning batteries and accumulators and waste batteries and accumulators and repealing Directive 91 /157/EEC was incorporated into the Spanish legal order by Royal Decree 106/2008 of 1 February 2008 on batteries and accumulators and the environmental management of their waste.

This Directive, in Article 4 of this Directive, imposed on Member States the obligation to prohibit the placing on the market of batteries and accumulators containing mercury and cadmium in excess of certain percentages, with the exception of: other, button cells with a mercury content exceeding two per cent by weight and portable batteries and accumulators containing cadmium intended for use in wireless power tools. However, as a result of the evolution of the button cell market in the European Union towards the batteries without mercury button and the review of the exception concerning the content of cadmium in wireless power tools, foreseen in This Article has been adopted by Directive 2013 /56/EU of the European Parliament and of the Council of 20 November 2013 amending Directive 2006 /66/EC of the European Parliament and of the Council on batteries and accumulators and on waste batteries and accumulators, as regards the placing on the market of portable batteries and accumulators containing cadmium, intended for use in cordless power tools, and button cells with a low mercury content. In addition, the new 2013 Directive repeals Commission Decision 2009 /603/EC laying down requirements for the registration of producers of batteries and accumulators. That is why this new directive has to be incorporated into our national law.

It should also be noted that the 2013 directive sets deadlines for these derogations, although it provides that if there is a justification for a lack of availability of button cells for hearing aids, the European Commission could make an appropriate proposal in order to extend the derogation referred to in Article 4, exclusively for button cells intended for hearing aids. In addition, the new Directive introduces a number of changes which affect, inter alia, the way in which batteries and accumulators are extracted from the equipment containing them and the procedure for the registration of batteries and accumulators. a new Annex IV containing the requirements for the register provided for in Commission Decision 2009 /603/EC of 5 August laying down requirements for the registration of producers of batteries and accumulators, of compliance with Directive 2006 /66/EC of the European Parliament and of the Council.

On the other hand, it is necessary to take advantage of this transposition to further introduce some improvements and updates in the regulation of Royal Decree 106/2008, of February 1, which the experience has advised necessary. Among the latter, it is worth highlighting the information to be provided to the public authorities by both the producers of batteries and accumulators and the treatment and recycling facilities, the application of the calculation of the level of recycling efficiency in accordance with Commission Regulation (EU) No 493/2012 of 11 June 2012 laying down detailed rules for the calculation in accordance with Directive 2006 /66/EC of the European Parliament and of the Council the efficiency levels of the recycling processes for waste batteries and accumulators. Also through this amendment, Royal Decree 106/2008 of 1 February 2008 is adapted to the scheme provided for extended liability of the producer in Law 22/2011 of 28 July, of contaminated waste and soils, in application of the enabling the third final provision of the same law. Among the amendments which are included are the establishment of new targets for the collection of such waste. For the calculation of these objectives, the concept of the collection rate is extended, so that it does not apply only to portable batteries and accumulators, but also to automotive and industrial accumulators. In this way, the calculation of the objectives will be based on the information incorporated in the Integrated Industrial Register, in relation to portable, automotive and industrial batteries and accumulators.

Finally, this royal decree is dictated by the article 149.1.23. of the Spanish Constitution, which attributes to the State the competence in matters of basic legislation on environmental protection. Through this standard, with an important technical content, the efficient use of resources is promoted, and the protection of human health and the environment is guaranteed, establishing the conditions of the activity of the managers waste batteries and accumulators, which has a direct impact on the functioning of the market for the management of these wastes and on their organisation.

In the elaboration of this royal decree the economic and social agents, the autonomous communities, the city of Ceuta and the city of Melilla, as well as the local entities and the most representative sectors have been consulted. potentially affected. In addition, the project has been submitted to the Commission for the Coordination of Waste in the Ministry of Agriculture, Food and the Environment, submitted to the Advisory Council on the Environment, and to the process of public participation. with the provisions of Law 27/2006 of 18 July on the rights of access to information, public participation and access to justice in the field of the environment and the provisions of Law 50/1997 of 27 November 1997, of the Government.

In its virtue, on the proposal of the Minister of Agriculture, Food and Environment, and of the Ministers of Industry, Energy and Tourism and of Health, Social Services and Equality, with the prior approval of the Minister of Finance and Public administrations, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 24 July 2015,

DISPONGO:

Single item. Amendment of Royal Decree 106/2008 of 1 February 2008 on batteries and accumulators and the environmental management of their waste.

Royal Decree 106/2008 of 1 February 2008 on batteries and accumulators and the environmental management of their waste is amended as follows:

One. Article 2 (1) is amended as follows:

" 1. This royal decree will apply to all types of batteries, accumulators and batteries, regardless of their shape, volume, weight, composition or use. This application will be carried out in line with the forecasts contained in Royal Decree 1383/2002 of 20 December 2002 on the management of vehicles at the end of their useful life and in Royal Decree 110/2015 of 20 February on waste from electrical and electronic equipment, in relation to batteries, accumulators and batteries coming from vehicles at the end of their useful life and those from electrical and electronic equipment, respectively. '

Two. Definitions (i), (j), (n), (x), (y) and (aa) of Article 3 are worded as follows:

"i) Battery or accumulator waste: battery, accumulator or battery which is a waste according to the residue definition set out in Article 3 (a) of Law 22/2011, of 28 July, of contaminated waste and soil."

" (j) Dangerous waste of batteries or accumulators: in accordance with Article 3 (e) of Law 22/2011 of 28 July 2011, waste batteries or accumulators presenting one or more of the characteristics that enable them to be classified dangerous, listed in the Annex to Commission Regulation (EU) No 1357/2014 of 18 December 2014 replacing Annex III to Directive 2008 /98/EC of the European Parliament and of the Council on waste and repealing Directive 2008 /98/EC certain Directives, as well as waste batteries or accumulators which the Government may approve as dangerous in accordance with the provisions of European legislation or international conventions to which Spain is a party.

In any case, they are included in waste batteries and accumulators, considered to be dangerous, those which appear with an asterisk in the European Waste List, as set out in Commission Decision 2014 /955/EU of 18 December 2013. December 2014, amending Decision 2000 /532/EC on the list of waste in accordance with Directive 2008 /98/EC of the European Parliament and of the Council. Among them can be mentioned:

16 06 01 * (accumulators and lead batteries).

16 06 02 * (nickel-cadmium accumulators and batteries).

16 06 03 * (mercury-containing stacks).

20 01 33 * (batteries, accumulators and batteries, specified in the above codes, generated as household waste or equivalent waste from households, shops, industries and institutions, as well as fractions which contain these batteries, accumulators or batteries). '

"n) Apparatus: electrical or electronic equipment, as defined in Royal Decree 110/2015 of 20 February, which is fed or may be fed, in whole or in part, by batteries or accumulators."

" x) Individual extended responsibility system: a system organised by a single producer of batteries, accumulators or batteries to individually comply with obligations arising from the extended responsibility of the a producer in accordance with the provisions of Law 22/2011 of 28 July 2011 and in this royal decree. "

" and) Collective System of Extended Responsibility: a system organized by a group of producers of batteries, accumulators or batteries, together with other economic operators who could participate, to give way collective to the obligations arising from the extended liability of the producer as set out in Law 22/2011 of 28 July, and in this royal decree. "

" aa) Collection index: the percentage resulting from dividing the weight of the waste batteries and portable accumulators collected in a given calendar year, in accordance with Article 10 of this royal decree or to Royal Decree 110/2015, of 20 February, by the average weight of portable batteries and accumulators that producers sell directly to end users, or hand over to third parties to sell to end users, during that calendar year and the preceding two calendar years. This same collection rate shall apply to the rest of the automotive and industrial batteries and accumulators for the calculation of the collection targets. '

Three. Article 3a is worded as follows:

" Article 3a. Registration of authorisations and communications in the Register of production and waste management.

The authorisations and communications provided for in this royal decree shall be entered in the Register of Production and Waste Management as set out in Article 39 of Law 22/2011 of 28 July 2011 by the competent authority of the Autonomous community to grant them. "

Four. Paragraphs 1 and 4 and Article 4 (5) (c) shall be worded as follows:

" 1. Only batteries, accumulators and batteries that meet each and every condition and requirements required in this royal decree may be placed on the market in the national territory. If the marketing of batteries, accumulators or batteries that do not comply with these conditions and requirements is detected in any part of the Spanish territory, these products shall be immediately withdrawn from the market in the form established by the legislation in force. However, batteries, accumulators or batteries which do not comply with the requirements of this Royal Decree relating to their cadmium and mercury content but which have been placed on the market legally before the date of application of the The respective prohibitions in this Article may continue to be placed on the market until stocks are exhausted. '

" 4. The prohibition set out in paragraph 3 (a) shall not apply to the button cells with a mercury content not exceeding 2% by weight, until 1 October 2015. '

"(c) Wireless power tools, the present exception with respect to wireless power tools shall apply until 31 December 2016."

Five. Article 5 is worded as follows:

" Article 5. Obligations arising from the placing on the market of batteries, accumulators or batteries.

1. Pursuant to Article 31 of Law 22/2011 of 28 July, any producer shall be obliged to take charge of the collection and management of the quantities and types of batteries, accumulators and batteries used which he has placed on the market for sale to the end user in Spanish territory, whatever the mode of sale, be it direct, electronic, mail or automatic. Such collection and management must be carried out in the form established in this royal decree. For these purposes, at least the following types of batteries, accumulators and batteries shall be considered:

a) Button.

b) Standard Stack.

c) Portable accumulators.

d) Automotive batteries, accumulators and batteries.

e) Industrial batteries, accumulators and batteries with cadmium.

(f) Pies, accumulators and lead industrial batteries.

g) Non-cadmium and unleaded industrial batteries, accumulators and batteries.

h) Other types.

The calculation of the quantities placed on the market for each type of battery, accumulator or battery, shall be carried out for calendar years and shall be expressed as the weight of the batteries, accumulators and batteries placed on the market in the territory in the year in question, excluding all batteries, accumulators and batteries that leave the Spanish territory in the same year before being sold to the end users. The placing on the market of each battery, accumulator or battery shall be counted only once.

2. Pursuant to Articles 31 and 32 of Law 22/2011 of 28 July 2011, the producer shall take charge, individually or collectively, of the collection and management referred to in the preceding paragraph, following one or more of the The following capabilities:

a) By establishing their own individual extended responsibility system, these systems will be able to sign voluntary agreements in the form set out in Article 20.

b) Participating in an extended collective responsibility system.

c) Establishing a system of deposit, return and return of the same batteries, accumulators and used batteries as it has placed on the market, either as a mode of individual system of extended responsibility, or also together with other producers within an extended collective responsibility system.

d) By contributing financially to the public management systems in place, in proportion to the quantities of product they place on the market and taking into account the actual costs of their management.

3. The systems by which the producers choose, among those referred to in the preceding paragraph, must be equipped with the appropriate means and a network of periodic selective collection points, which is sufficient to cover the entire territory in the that their products and a network of periodic selective collection points have been placed on the market, that it is sufficient for the competent authority of the autonomous community to receive the communication or to grant them the authorization, prior to the notification of the Commission on the coordination of waste, in accordance with Article 32.3 of Law 22/2011, of 28 July. Once collected and classified, waste batteries and accumulators will be transferred to approved treatment and recycling plants.

4. Producers of batteries, accumulators or batteries, with the exception of lead-acid batteries, which, with their use, give rise to hazardous waste, shall subscribe to securities, insurance or financial guarantees, as required by the competent authority, which they shall be accredited to the competent body of the autonomous community concerned. Securities, insurance or financial guarantees shall cover the responsibilities to which the activities of the extended liability system may take place, taking into account the characteristics, danger and risk potential of these activities; and ensure the financing of the management of such waste in such a way as to enable the extended liability obligations to be met in situations of non-compliance, insolvency or dissolution of the system.

5. Undertakings or entities carrying out waste management operations for batteries or accumulators shall, in the light of their activity, be subject to the authorisation and communication arrangements laid down in Law 22/2011 of 28 July of waste and soil contaminated. They are not subject to the requirements for the authorisation or communication of waste managers, selective collection points, public or private, which are limited to receiving batteries, accumulators or batteries used for their use in their establishments. delivery to a manager, without prejudice to the fact that the selective collection points in which other waste is also collected shall also be subject to the applicable sectoral rules.

6. Producers of batteries, accumulators or batteries that place these products on the domestic market, including producers who sell at a distance, shall communicate their status as a producer to the State-wide Integrated Industrial Register. In the case of distance selling of batteries, accumulators or batteries, by sellers located in other countries, they must communicate their status as a producer to the aforementioned register and obtain the registration number referred to in the provision Additional first. "

Six. The name of Chapter III is amended as follows:

" CHAPTER III

Producer Extended Responsibility Systems

Seven. Article 7 is worded as follows:

" Article 7. Individual systems of extended responsibility.

1. Producers of batteries, accumulators or batteries may individually fulfil the obligations arising from the extended liability of the producer set out in Title IV of Law 22/2011 of 28 July and in Article 5.1, establishing its own individual system of extended responsibility. To this end, producers shall submit a prior communication to the Commission at the beginning of the collection and management activities, indicating their operation and the measures they shall apply for the fulfilment of those obligations. This communication shall be submitted to the competent body of the autonomous community where it radiates its registered office at the time of submission, shall be valid for the entire national territory and shall be entered in the Register of production and waste management. before the start of the activities.

2. By means of the individual system of extended liability, the producer shall directly organise the management operations corresponding to the waste batteries or accumulators which he has placed on the market. Where, in accordance with Article 6.1, the producer chooses to contribute to public management systems in his territorial area by taking the cost to which he is responsible, he shall, however, organise the remaining operations in his capacity that does not lend the public system.

3. The content of the communication referred to in paragraph 1 shall be at least that referred to in Annex IX to Law 22/2011 of 28 July 2011. This communication shall be accompanied by the documentation relating to the financial guarantee subscribed by the producer where appropriate in accordance with Article 5.4.

The competent body of the autonomous community, before which the communication has been submitted, shall supervise the documentation submitted and, in particular, the amount of the security, insurance or financial guarantee in accordance with the criteria establish, in accordance with paragraph 1 (b) of the third final provision of Law 22/2011, 28 July.

The guarantee will be in force at the time of the start of the individual system activity and will have to be maintained and, if necessary, to be resumed over a period of validity of five years, after which the guarantee will be reviewed. conditions and amount of the guarantee.

Producers who individually establish their own deposit, return and return system should include this forecast in the prior communication to the start of their activities, indicating, in addition to the contents already -the operation of the system for the fulfilment of these obligations, with the identification of the sellers of their batteries, accumulators and batteries placed on the market, as well as the location of the sales and collection establishments of these products.

4. Individual systems of extended liability shall be subject to an audit, carried out by an independent entity, which verifies each year the degree of compliance with the obligations of the producer, as provided for in this royal decree. This audit may be carried out through the organisation of the Voluntary Agreement where, where appropriate, individual systems are involved. "

Eight. Article 8 is worded as follows:

" Article 8. Collective systems of extended responsibility.

1. Producers of batteries, accumulators or batteries may collectively comply with the obligations arising from the extended liability of the producer set out in Title IV of Law 22/2011 of 28 July and in Article 5.1 through collective systems of extended responsibility. For these purposes, they shall constitute an association of those provided for in Organic Law 1/2002 of 22 March 2002, regulating the right of association or an entity with its own non-profit legal personality.

2. In accordance with Article 32.2 of Law 22/2011, of 28 July, the collective systems of extended responsibility shall be authorised by the competent authority of the autonomous community where they radiating their registered office at the time of submission of the application. This autonomous community shall grant such authorisation, where appropriate, following the application by the system and after the Commission's report on the coordination of waste. The authorisation shall be valid for the entire national territory and shall be entered in the Register of production and waste management prior to the start of the activities.

The content of the application for authorisation shall be at least that referred to in Annex X to Law 22/2011 of 28 July, and shall be completed by including the following information:

(a) segregated identification of the producers and, where appropriate, of the economic operators attached to the collective system.

b) Description of the set of operations comprising the collective system, including the deposit, return and return operations that are organised in accordance with Article 9.1.

c) Where appropriate, document of the contract or agreement, signed between the collective system, and the plants or facilities for treatment and recycling.

(d) Identification and registered office of the undertakings or entities to which the operations for the management of waste batteries or accumulators are assigned, with an indication of the location of the treatment plants or plants; and recycling of the same.

e) Identification and location of management means, such as selective collection points, transport units and route diagrams.

(f) Where possible, the quantities (in weights and units) and types of batteries, accumulators and batteries placed on the market, during the two years preceding the application, shall be provided by the producers in the market. system.

g) Where producers, or some of them, opt for a system of deposit, refund and return in accordance with Article 9, they shall identify the producers which are incorporated therein, as well as the activities and the establishments for the sale and collection of batteries, accumulators and batteries for this system.

h) Identification of the collective system's creditable symbol.

The authorisations granted to the extended collective responsibility systems shall be temporary, shall be granted for a period of validity of five years and may be renewed for successive periods.

3. For the purposes of implementing this royal decree, the collective systems of extended responsibility will establish collaboration agreements with local authorities and autonomous communities when they are involved in the organization of the management of waste batteries or accumulators; in the negotiation and implementation of these agreements, both administrations shall participate in accordance with their respective competences. Such agreements shall also establish the objectives of waste management, the conditions for the collection, storage, treatment and disposal of the materials contained in used batteries, accumulators and batteries.

4. In accordance with Article 32.5.j) of Law 22/2011 of 28 July 2011, the collective system shall make annual accounts in each social year in accordance with the provisions of Royal Decree 1491/2011 of 24 October 2011 approving the rules of adaptation of the General Accounting Plan to non-profit-making entities. These annual accounts shall be subject to an external audit, carried out by an auditor. The annual accounts audited and approved shall be submitted to the Commission for the coordination of waste each year, together with its budget for the following year. This Commission may request additional information as necessary.

Likewise, an independent entity will verify each year the degree of compliance with the obligations required in this royal decree, including the verification of the contributions of the producers to the system and the justification of their use for compliance with those obligations, the analysis of the costs of waste treatment and the environmental impact of the components, by issuing the report corresponding to those verifications. This information shall also be forwarded to the Commission on the coordination of waste.

5. In order to comply with the obligations set out in this royal decree, the extended collective responsibility systems will finance their net costs through the quotas or contributions of the producers of batteries, accumulators and batteries. The collective system shall inform all the members of the collective system in good time, the forecast for the modification of the costs of waste management, which will be reflected in the contributions of the producers to the collective system and the justification of their destination for the fulfilment of obligations arising from the extended liability of the producer.

6. The application for authorisation referred to in paragraph 2 shall be accompanied by the documentation relating to the financial guarantee subscribed by the collective system in accordance with the provisions of Article 5.4. The competent authority of the autonomous community in which the application has been submitted shall supervise the documentation submitted and, in particular, the amount of the financial guarantee in accordance with the criteria to be laid down in regulation, in accordance with paragraph 1 (b) of the third final provision of Law 22/2011 of 28 July 2011.

The guarantee shall be in force at the time of the start of the collective system activity and shall be maintained and, where appropriate, reestablished, over the period of validity of the authorisation, after which and if the renewal procedure is the conditions and the amount of the guarantee would be reviewed. "

Nine. Paragraphs 5 and 6 are deleted, and the wording of Article 9 (1) and (4), which are drawn up in the following terms, is amended:

" 1. Producers of batteries, accumulators or batteries may individually fulfil the obligations arising from the extended liability of the producer established by Law 22/2011 of 28 July and in Article 5.1, by establishing their own system. of deposit, return and return as individual mode of extended responsibility. However, when agreed upon, a system of deposit, return and return by a group of producers may also be organized and operate within an extended collective responsibility system. "

" 4. The amount of deposit referred to in paragraph 2 shall be fixed by order of the Ministry of Agriculture, Food and the Environment, which shall incorporate an Annex in this royal decree specifying the amount of the storage for the different types of batteries, accumulators and batteries for which it comes. '

Ten. Article 10 (3) shall be deleted and shall remain without content. And paragraph 1 (c) and paragraphs 5 and 7 of the same Article, which are drawn up in the following terms, are amended as follows:

" 1. The collection of waste from portable batteries or accumulators shall be carried out by means of specific selective collection procedures. For this purpose, networks of selective collection points distributed according to the population density and in sufficient numbers, accessible and close to the holder or end user, will be created; in any case the delivery by the holder or end user will be at no cost to them, which shall not be required to purchase new portable batteries or accumulators.

These procedures may be used in conjunction with the waste collection procedures for electrical and electronic equipment that are regulated in Royal Decree 110/2015 of 20 February. "

"(c) By means of the services put into operation by the individual or collective systems of extended producer responsibility."

" 5. The selective collection points shall provide the public with sufficient information to facilitate and permit the correct deposit operation at each point, indicating, if necessary, the way to separate them according to type and size. "

" 7. Producers shall ensure, by means of extended liability systems or, where appropriate, by input into the public system, the shipment of such waste to plants or treatment and recycling facilities. Producers may fulfil this obligation either directly with their own means or through duly authorised third parties which provide them. Systems of extended liability may enter into contracts or agreements with plants or plants for treatment and recycling, in accordance with the provisions of Royal Decree 180/2015 of 13 March on the transfer of waste within the territory of the State. '

Once. Article 11 (1) and (3) are amended as follows:

" 1. The collection of waste from batteries, industrial or automotive accumulators and their transfer to treatment and recycling plants should preferably be carried out by the producers themselves through the extended responsibility system in which the participate or through the services of the management companies with which they contract, subject to prior authorisation or communication in accordance with Law 22/2011, of 28 July. The collection, storage and transport of such waste must be free of charge for the holder or final user. These producers may enter into voluntary agreements with other economic operators, or with third parties, in order to facilitate the collection and transfer services to the appropriate authorised facilities for their proper environmental management. "

" 3. Producers of batteries, accumulators or industrial batteries, or those acting on their behalf, shall be obliged to accept, and without cost, the batteries, accumulators and industrial batteries used which deliver them. any for those holders or end users. These obligations are due to them regardless of the chemical composition or origin of these batteries, accumulators and used batteries. Batteries, accumulators and industrial batteries may also be collected by operators authorised or registered for this purpose, as laid down in Law 22/2011 of 28 July. '

Twelve. Paragraph 1, the first subparagraph of paragraph 2, paragraph 3 and paragraph 4, all of them in Article 12, shall be drawn up in the following terms respectively:

" 1. All waste from batteries or accumulators collected in accordance with Articles 10 and 11, or in accordance with the provisions of Royal Decree 110/2015 of 20 February 2015, shall be subject to treatment and recycling. procedures that are at least in line with the requirements of this royal decree and the other legislation in force in the field of waste, health and safety.

2. The treatment and recycling of waste batteries or accumulators must be carried out in authorised installations established by the producers or by duly authorised third parties, with the use of the waste from 26 September 2009. Best available techniques for the protection of health and the environment, prioritizing the application of the principle of proximity.

3. The processing operations shall comply with the minimum requirements set out in Part A of Annex III

When waste batteries or accumulators are collected together with waste electrical and electronic equipment according to Royal Decree 110/2015 of 20 February, batteries and accumulators will be extracted from the interior of the these wastes.

4. The recycling processes shall comply with the minimum recycling efficiency provisions and levels set out in Part B of Annex III before 26 September 2011. The levels of recycling efficiency achieved in each calendar year shall be calculated in accordance with Commission Regulation (EU) No 493/2012 of 11 June 2012 laying down, in accordance with Directive 2006 /66/EC of the European Parliament and of the Council European and Council, detailed rules for the calculation of the efficiency levels of recycling processes for waste batteries and accumulators. "

Thirteen. Article 14 is worded as follows:

" Article 14. Financing of the collection and management of waste batteries and accumulators.

1. All costs for the collection and management of waste from portable, industrial and automotive batteries or accumulators, carried out pursuant to Articles 10 and 11 respectively, including those for selective collection, transport, classification, temporary storage, treatment and recycling, shall be borne by the producers in accordance with the extended system of responsibility used.

2. In the specific case of batteries, accumulators and batteries collected pursuant to Royal Decree 1383/2002 of 20 December 2002 and Royal Decree 110/2015 of 20 February 2015, the cost of the collection and management operations, including transport, classification, temporary storage, treatment and recycling, will be borne by the producers of these batteries, accumulators and batteries, without in any case being able to result in a duplication of costs for the same management operation. To this end, exclusively in the case of batteries, accumulators or batteries being incorporated into appliances or vehicles without the end users being able to easily extract them from them, the financing of the collection and full management of waste batteries, accumulators and batteries must be borne by the producers of the equipment or vehicles. In order to comply with the obligations of this paragraph, producers of batteries, accumulators or batteries may enter into agreements with the producers of the vehicles or with the vehicle management systems or approved treatment centres. (CAT), regulated in Royal Decree 1383/2002 of 20 December 2002, as well as with producers of electrical and electronic equipment or with the extended liability systems in which they are integrated, regulated in Royal Decree 110/2015 of 20 December 2002. February.

3. In the event that producers opt for the creation of collective systems of extended responsibility to assume the obligations of this article, they must provide the system with an amount for each battery, accumulator or battery that they put up for the first time. market and have an obligation to collect and manage in accordance with Article 5.1, a quantity which shall be proportionate to the net costs of waste management and the environmental impact of its components.

4. For the purpose of facilitating the control and monitoring of the financing of extended liability systems and of ensuring their maximum transparency and traceability, producers of batteries, accumulators or batteries integrated into those systems, may identify the costs of the collection, treatment and recycling operations of each category of batteries, accumulators or batteries, specifying it on the sales invoice in the placing on the market of their products, in any case, to ensure that the producer complies with its extended liability obligations, the latter shall state its incorporation into an extended responsibility system and the registration number in the Integrated Industrial Register. Costs shall not be reported separately, in any case, to end users at the time of the sale of new portable batteries or accumulators.

5. Producers shall be obliged to provide, on the part of those responsible for the various collection systems, the quantity and types of batteries, accumulators and batteries which they place on the market. Producers integrated into a collective system of extended responsibility will have this same obligation with respect to the system itself. Distributors or sellers shall provide to individual or collective systems of extended responsibility, the duly accredited information of the quantity and type of batteries, accumulators and batteries that supply or sell to the user final, placed on the market by such producers.

6. Producers, or, where appropriate, collective systems of extended responsibility, or other entities acting on behalf of producers, shall finance the costs incurred in carrying out information campaigns to the public on collection, treatment and recycling of waste batteries and portable accumulators. These campaigns must be approved by the autonomous communities on whose territory they are carried out or by the competent administrative authorities concerned.

7. This Article applies to all waste batteries or accumulators, irrespective of the date of their placing on the market. '

Fourteen. A new wording is given to paragraph 1, a new point (c) is added to paragraph 2 and a new point (c) to Article 15 (3). In addition, paragraph 4 of the same article is amended, being worded in the following terms respectively:

" 1. The collection rate shall be calculated for the first time in respect of the year 2011. The annual collection and sales figures shall include batteries and accumulators incorporated into appliances.

The annual minimum objectives at the state level must be met in each autonomous community. For this purpose, the estimated sales in the autonomous territory of portable batteries and accumulators will be calculated according to the population, according to the latest data available from the National Statistics Institute at 31 December of the previous year. Estimated sales of automotive batteries, accumulators and batteries will be calculated on the basis of the vehicle fleet; and sales of batteries, accumulators and industrial batteries will be estimated as a function of GDP. However, the Commission on the coordination of waste may arbitrate compensation mechanisms to modulate the autonomic objectives according to additional parameters deemed appropriate, such as official indicators of economic and social development, industrial development or indicators whose impact on the generation of waste batteries or accumulators has been demonstrated, and which, in any case, ensures that the minimum objectives are met state. "

"c) 50 percent as of December 31, 2020."

"(c) From 31 December 2018: a minimum annual collection rate of 98% shall be achieved."

" 4. Without prejudice to the obligations of the producers set out in Article 5, the annual collection target for the whole of the national territory of 95% by weight shall be achieved by 31 December 2011 at the latest. waste batteries, accumulators and industrial batteries containing cadmium generated in the year preceding that of collection.

The following minimum collection rates for waste batteries, accumulators and industrial batteries should also be achieved:

(a) 98% for batteries, accumulators and industrial batteries containing cadmium, as from 31 December 2017.

b) 98 per cent for batteries, accumulators and industrial batteries containing lead, as of 31 December 2017.

c) 70 percent percent for batteries, accumulators, and industrial batteries that do not contain either cadmium or lead, as of December 31, 2020. "

Fifteen. Article 17 is worded as follows:

" Article 17. Removing the batteries and accumulators from the appliances that contain them.

1. Manufacturers of equipment containing batteries or accumulators must design such batteries or accumulators in such a way that they can be easily removed, unless, for reasons of safety, performance, medical order or data integrity, the continuity of the power supply is required and requires a permanent connection between the appliance and the stack or accumulator.

2. Where, for technical reasons, or force majeure, it is not possible for end users to be able to extract these wastes easily, manufacturers of the equipment must design them in such a way that a qualified professional, independent of the manufacturer, does can be easily removed.

3. Apparatus incorporating batteries or accumulators must be accompanied by clear instructions on how the extraction of batteries and accumulators can be carried out safely both by the end user and by the qualified professional independent. The instructions must also indicate that before the apparatus is deposited in the collection facilities, the end user must remove the batteries and accumulators from it and deposit them in the selective collection points of these wastes, always the intervention of a qualified professional is not necessary. Where appropriate, the final user shall be informed of the types of batteries or accumulators incorporated into the apparatus and necessary for their operation. '

Sixteen. Article 18 is worded as follows:

" Article 18. Information to public administrations.

1. Before 1 April of each year, producers or systems of extended liability to be established shall send to the competent authorities of the autonomous communities an annual report on their activities containing the following: information:

(a) Identification of the producer or producers integrated in the extended responsibility system, and of the economic operators involved in the system.

b) Management activities organized or carried out by the producer or by the system of extended responsibility, and means used for this, during the preceding calendar year in the field of the corresponding autonomous community. As well as identification of the treatment and recycling facilities where the waste of batteries or accumulators collected in this autonomous community is destined. Where appropriate, the existence, characteristics, conditions and scope of voluntary agreements entered into by the producer for the management of such waste in that autonomous community shall be indicated.

(c) Estimated quantities by weight and by type, of batteries, accumulators and batteries put up for sale in the territorial area of the corresponding autonomous community, during each of the preceding three natural years, obtained by means of duly justified procedures (procedures for allocating the total quantity placed on the Spanish market by autonomies in proportion to the distribution of other indicators such as the population, GDP, the Spanish fleet of vehicles or other official indicators).

(d) Actual quantities by weight and by type, of the waste of batteries or accumulators collected and managed by the system of extended responsibility in the corresponding autonomous community during the preceding calendar year.

e) The collection rate achieved by the system of extended responsibility during the previous year in the whole of the Spanish territory, and the estimated collection rate achieved by the system in the territorial area of the corresponding stand-alone community.

f) Where appropriate, contribution to the public management systems by which producers have chosen, pointing out the operations covered by the public system.

g) Guarantee of the creditworthiness and economic situation established by: the supporting evidence of the existence of insurance, guarantee or other financial guarantee subscribed in accordance with the provisions of Article 5.4; a statement concerning the overall turnover and the works, supplies, services or works carried out by the institution in the previous financial year, and, if necessary, through the annual accounts or audit reports; if for reasons The documents referred to in the preceding paragraphs may not be provided financial and economic solvency by means of a report of financial institutions legally authorised to operate in Spain; or through any other documentation deemed sufficient by the competent regional authority.

(h) Other data which the competent authority of the autonomous community, the producer or the system administrator considers necessary to facilitate the verification that the present royal decree is complied with.

This information shall be accompanied by the reports and audits carried out on such systems, referred to in Articles 7.4 and 8.4.

2. Before 1 May of each year, the Spanish plants or plants for the treatment and recycling of batteries, accumulators or batteries shall send the following information to the competent authority of the autonomous community where they are located. referred to the preceding calendar year:

(a) The summary memory referred to in Article 41.1 of Law 22/2011 of 28 July of contaminated waste and soils. This memory shall consist of two distinct parts, a part relating to the waste of batteries or accumulators generated in Spanish territory and another part relating to the waste of batteries or accumulators generated outside Spain which are imported and delivered to the facility for treatment. The data and information relating to each of these parts shall be presented separately in two tables of data which shall be in accordance with the format laid down in Annex XII to Law 22/2011 of 28 July. In addition, the information on the identification, where appropriate, of the extended liability system or manager that has delivered the waste to the facility shall be included in the memory.

(b) The annual report referred to in Article 3.4 of Regulation (EU) No 493/2012 of 11 June 2012 laying down detailed rules for the calculation of the efficiency levels of the recycling processes waste batteries and accumulators. This report shall comprise, separately, data relating to waste batteries or accumulators generated in Spanish territory and delivered to the facility for treatment of those from other countries.

3. Before 1 June of each year, the competent authorities of the autonomous communities shall forward annually to the Directorate-General for Quality and Environmental Assessment and Natural Environment of the Ministry of Agriculture, Food and Environment, the (a) the following information concerning its territorial scope, drawn up on the basis of the data obtained as a result of its own powers and the data provided by the producers, by the systems of extended responsibility and by the treatment and recycling facilities:

(a) Identification of producers and systems established in the Autonomous Community for the collection and management of batteries, accumulators or batteries. As well as the characteristics, conditions and scope of the voluntary agreements which, in this regard, were in force in that autonomous community.

(b) Estimated quantities in weight and types, of batteries, accumulators and batteries put up for sale in the territorial area of the corresponding autonomous community during each of the preceding three calendar years.

c) Actual quantities in weight and types, of the waste batteries or accumulators collected and managed in the corresponding autonomous community during the preceding calendar year.

d) Estimated collection rate achieved in the territorial area of the corresponding autonomous community during the preceding calendar year, and comparison with the actual collection rate achieved during that year in the Spanish territory.

e) Where appropriate, identification of the treatment and recycling facilities located in the territorial scope of the corresponding autonomous community, indicating the procedures and processes carried out in the same, the type of treated batteries, accumulators and batteries, and the treatment and recycling capacity for each of the types and processes.

(f) Quantities by weight and by type, of waste batteries or accumulators treated and recycled in such installations during the preceding calendar year, by breaking down the quantities generated in Spanish territory of the imported for their treatment and recycling.

g) Output Fractions and recycling efficiency levels achieved during the preceding calendar year, in the recycling processes of waste batteries, or accumulators generated in Spanish territory and delivered to them installations, calculated in accordance with Commission Regulation (EU) No 493/2012 of 11 June 2012 for each of the cases listed in Part B of Annex III.

(h) The innovations and measures taken by producers to reduce the content of heavy metals and other hazardous substances in batteries, accumulators and batteries.

(i) Other data which the competent authority of the autonomous community concerned considers appropriate or necessary for the verification that the present royal decree is complied with.

4. The documentation relating to the reporting obligations referred to in the previous paragraphs shall be sent in electronic form and, where possible, these obligations shall be processed electronically. '

seventeen. The first subparagraph of Article 19 (1) is worded as follows:

" 1. Public administrations, economic operators and individual or collective systems of extended responsibility will be obliged to provide consumers and the general public with complete and rigorous information on the management of waste from batteries or accumulators. This information may be channelled through joint public awareness campaigns, publications, or other similar channels, in which case, in the case of batteries, accumulators or batteries other than portable batteries, agreements may be established. between the various interested parties mentioned for the financing and implementation of such information. The minimum information content shall relate to: "

Eighteen. Paragraph 3 is deleted and Article 20 (1) (c) is amended, which is worded as follows:

"(c) to be entered in the Register of Production and Waste Management as provided for in Law 22/2011 of 28 July."

nineteen. Article 21 is worded as follows:

" Article 21. Obligations of end users and holders.

End-users or holders shall be required to deliver used batteries, accumulators and batteries which they possess in accordance with the collection requirements set out in Articles 10 and 11, in the relevant points of selective collection, in the establishments of distributors or sellers, or of duly registered waste managers, for their proper management in accordance with the provisions of this royal decree. "

Twenty. Article 22 is worded as follows:

" Article 22. Sanctioning regime.

1. The offences committed against the provisions of this royal decree will be subject to the sanctioning regime governed by Law 22/2011 of 28 July of contaminated waste and soils and Law 21/1992 of 16 July of Industry.

2. If an extended liability system does not comply with the conditions of the communication, the competent authorities where the conditions are not met may initiate a penalty procedure, may promote a partial execution of the financial guarantee, as well as partially revoking the communication or authorisation, suspending the activity of the system in its territory. If the system does not generalise, a total execution of the guarantee, the revocation of its activity and the reduction in the production and management register by the competent authority which registered the system may be carried out. '

Twenty-one. The first provision is worded as follows:

" Additional disposition first. Registration in the State-wide Integrated Industrial Register.

1. All producers of batteries, accumulators or batteries must register or be registered in the special section, created for this purpose, of the State-wide Integrated Industrial Register, constituted under Law 21/1992, of 16 July, Industry and the Industrial Integrated Register Regulation, approved by Royal Decree 559/2010, of 7 May. The registration and registration procedure, specific to that section, shall comply with the requirements set out in Annex IV.

2. The register shall assign to each registered producer a registration number as a producer of batteries, accumulators or batteries. This number shall be used to identify producers in the verification of compliance with their rights and obligations, for which producers must include the registration number in all invoices or documents relating to the commercial transactions of batteries, accumulators or batteries carried out between them and distributors. In the case of distance sales, producers must record their registration number, either on the electronic or instrument page, or on the sales support, as on the invoice issued to the buyer or user.

3. In addition to the information set out in Annex IV, producers shall provide the following additional information annually to that section of the register:

(a) Identification of the Autonomous Community where the headquarters of the producer and the Autonomous Communities are located where the batteries, accumulators or batteries placed on the market by the producer are sold.

b) Sales technique used and trademarks, for each type of battery, accumulator or battery placed on the market by the producer.

(c) Identification of the extended liability system used by the producer, with indication in his case of the system administrator, the geographical scope of its activity and the type and amount of the guarantee financial, accompanying the relevant supporting documentation.

(d) Quantities by weight and units, by type, origin and uses of batteries, accumulators and batteries placed on the market by the producer, during the preceding calendar year, for sale to the end user in Spanish territory. These quantities must also be provided in a broken down form, differentiating those corresponding to the market for replacement of those corresponding to the market for new products incorporating them.

e) Quantities by weight and units, by type, origin and uses, of batteries, accumulators and batteries placed on the Spanish market by the producer, during the preceding calendar year, which subsequently for different reasons leave out of the Spanish territory for sale after the end user (for example: quantities exported or transferred to other European Union countries incorporated into appliances or vehicles, quantities exported or transferred directly to shopping centres of the distributor located in other countries, sold by means of distance to users from other countries, etc.).

(f) Total quantity by weight and units, by type, origin and uses, of batteries, accumulators and batteries placed on the Spanish market by the producer during the preceding calendar year. This quantity must be the result of the sum of the quantities referred to in points (d) and (e).

g) Statement that the annual information provided is true.

The introduction of this data will be done electronically through the application developed by the Ministry of Industry, Energy and Tourism. If, for reasons of force majeure, the contribution of such data by electronic means is not possible, it may exceptionally be provided on paper support.

For the purposes of the content of this information, the breakdown by type of batteries, accumulators and batteries shall distinguish at least the different rates set out in Article 5.1, the breakdown by origin shall distinguish batteries, accumulators or batteries manufactured in Spain by the producer himself, manufactured in Spain by another company, imported from third countries, acquired in other countries of the European Union or acquired by distance selling, and the breakdown by use distinguish portable, automotive or industrial batteries or accumulators.

4. The register will send, within the first four months of each year, to the Directorate-General for Quality and Environmental Assessment and Natural Environment of the Ministry of Agriculture, Food and Environment, a summary report on the quantities of batteries, accumulators and batteries placed on the Spanish market during the preceding calendar year for each of the registered producers, broken down as specified in points (d), (e) and (f) of paragraph 3, with identification of the extended liability systems used by each producer and the technique used for the sale of their products. "

Twenty-two. The following Annex IV is incorporated:

" ANNEX IV

Procedural requirements for registration in the Industrial Integrated Register

1. Registration requirements.

Registration registration, of producers of batteries, accumulators and batteries, shall be carried out by electronic means before the special section, enabled for this purpose, of the Integrated Industrial Register constituted as a registration organ. In the event that electronic registration is not possible for justified reasons of force majeure, this may exceptionally be carried out on paper support.

Battery, accumulator, and battery producers will only have to register once, and when they register they will receive a registration number.

2. Information to be provided by producers.

At the time of registration, the producers of batteries, accumulators and batteries shall provide the recording body with the following information for the registration purposes:

a) Name and surname of the producer and trade marks (if any) with which he operates in Spain.

b) Producer address or addresses: postal code, location, street and number, country, URL and telephone number, as well as contact person, fax number and email address of the producer, if they were available.

(c) Indication of the class of batteries, accumulators and batteries placed on the market by the producer: portable batteries and accumulators, industrial batteries and accumulators or automotive batteries and accumulators.

d) Information on how the producer fulfils his/her responsibilities: individually or through a collective system (indicating whether it is an individual or a collective system of expanded responsibility, and whether there is a contribution to a system public or establishment of a deposit, return and return system, further indicating whether to participate in voluntary agreements.

e) The date of the registration request.

(f) National producer identification code, including its European tax identification number or national tax identification number (optional).

g) Statement that the information provided is true.

3. Registration fees.

The registration organ can only apply registration fees if they are provided and are cost-based.

When the registration authority applies registration fees, it shall inform the competent national authorities of the methodology used to calculate them.

4. Modifying the log data.

In the event of a change in the data, each producer shall be obliged to update the information referred to in point 2, informing the registration authority within the maximum period of one month from the time when the data is modified. produce any modification.

5. Low log.

When producers cease to be producers in Spain, they shall be discharged from the register by reporting to the registration body. "

First transient disposition. Adaptation of individual and integrated management systems to the new extended producer responsibility systems.

Individual and integrated management systems will be adapted to the individual and collective systems of extended responsibility within one year from the entry into force of this royal decree in application of the provision Fourth transitional measure of Law 22/2011 of 28 July 2011. For these purposes, in the six months following the publication of this royal decree, producers shall submit to the competent authority the communication of the individual system or the application for authorisation as a collective responsibility system. extended, as provided for in points seven, eight and nine of the single article of this royal decree and Chapter III of Royal Decree 106/2008, of 1 February.

Individual and integrated management systems that are already constituted at the entry into force of this royal decree will continue to operate under the previous regime until they are adapted to the new provisions, as set out in the preceding paragraph.

Second transient disposition. Regulation of financial guarantees.

Until the adaptation of the individual and integrated systems of management to the regime of the extended responsibility foreseen in this royal decree in accordance with the transitional provision first, the financial guarantees already They shall cover the intended purposes at the time of their establishment and shall remain in force.

After the adaptation of the systems of expanded responsibility, to what was established in this royal decree, the provisions on financial guarantees contained in this royal decree will be applied. However, if the financial guarantee regulation referred to in Articles 7.3 and 8.6 is not in force at the time of the application for authorisation of a collective system of extended responsibility or of the submission of the communication of an individual system, the financial guarantee shall be entered in the terms in which it was being made so far.

Transitional provision third. Registration of producers who sell remotely in the Integrated Industrial Register.

The producers of batteries, accumulators or batteries that are putting their products on the market through distance selling without being discharged in the Integrated Industrial Register, must register within six months. from the entry into force of this royal decree.

Final disposition first. Incorporation of Community law.

This royal decree incorporates into Spanish law the Directive 2013 /56/EU of the European Parliament and of the Council of 20 November 2013 amending Directive 2006 /66/EC of the European Parliament and of the Council Council Regulation (EEC) No 66/ No of 20 December 1986 on the approximation of the laws of the Member States relating to the placing on the market of portable batteries and accumulators containing cadmium, intended for use in cordless power tools, and button cells with a low mercury content, and Commission Decision 2009 /603/EC is repealed.

Final disposition second. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on July 24, 2015.

FELIPE R.

The Vice President of the Government and Minister of the Presidency,

SORAYA SAENZ DE SANTAMARIA ANTON