Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-8340
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 for repealing Directive 91/157/EEC, it was incorporated into the legal Spanish through Royal Decree 106/2008, Feb. 1, on batteries and accumulators and their waste environmental management.
This directive imposed, in its article 4, to them States members the obligation of prohibit it put in the market of batteries and accumulators with content of mercury and of cadmium above certain percentages except, between others, to them battery button with a content of mercury upper to the two percent in weight and to them batteries and accumulators portable that contain cadmium destined to be used in tools electric wireless. However, as a result of the evolution of the market of button batteries in the European Union towards mercury-free button batteries and the review of the exception concerning the content of cadmium in cordless power tools, provided for in that article, the Directive 2013/56/EU of the European Parliament and of the Council of 20 November 2013 has been adopted , by which is modifies the directive 2006 / 66 / EC of the Parliament European and of the Council relative to them batteries and accumulators and to them waste of batteries and accumulators, in what regard to it put in the market of batteries and accumulators portable that contain cadmium, destined to use is in tools electric wireless, and of batteries button with a low content of mercury. In addition, the new Directive 2013, repeals the Decision 2009/603/EC, which lays down requirements for the registration of producers of batteries and accumulators. That is why he has this new directive be incorporated into our domestic law.
It should be noted, moreover, that 2013 directive puts date limit mentioned exceptions, although it establishes that if we justifiably a lack of availability of battery button hearing aid, the European Commission could make an appropriate proposal in order to prolong the exception referred to in the article 4, exclusively for button batteries for hearing aids. In addition, the new directive introduces some modifications more affecting, among others, to the form of removal of the batteries and accumulators from appliances that contain them and the procedure for registration of producers of batteries and accumulators, incorporating a new annex IV, containing the registration requirements established by Decision 2009/603/EC of 5 August, which lays down requirements for registration of producers of batteries and accumulators in accordance with Directive 2006/66/EC of the European Parliament and of the Council.
On the other hand, it is necessary to take this transposition to introduce also some improvements and updates that the experience has advised needed in the regulation of Royal Decree 106/2008 of 1 February. Among the latter, should be emphasized concerning the information that contribute to public administrations both producers of batteries and accumulators as treatment and recycling facilities, the application of the calculation of the level of efficiency of recycling in accordance with the Regulation (EU) No. 493/2012 from the Commission of 11 June 2012, which establishes , in accordance with Directive 2006/66/EC of the European Parliament and of the Council, detailed rules for the calculation of the levels of efficiency of the recycling of waste batteries and accumulators. Also through this modification adapts the Royal Decree 106/2008, from February 1, to regime provided on extended responsibility producer in the law 22/2011, of 28 July, waste and contaminated soils, in the third final provision of the same law enabling application. The modifications included include the establishment of new objectives of these waste collection. For the calculation of these objectives expands the concept of rate of collection, in a way that does not apply only to batteries and notebook batteries, but also those of automotive and industrial. In this way for the calculation of the targets it will attend the information incorporated in the integrated Industrial registry, in relation to batteries and portable, automotive and industrial batteries.
Finally, this Royal Decree is dictates to the amparo of the article 149.1.23. ª of the Constitution Spanish, that attributed to the State the competition in matter of legislation basic on protection of environment. Through this standard, with an important content of character technical, is promotes the use efficient of them resources, and is guarantees the protection of the health human and of the environment, establishing is them conditions of the activity of them managers of waste of batteries and accumulators, what affects directly in the operation of the market of management of these waste and in your organization.
In the elaboration of this Royal Decree have been consulted economic and social agents, autonomous communities, the city of Ceuta and the city of Melilla, as well as local authorities and the most representative sectors potentially affected. Also, the project is has forwarded to the Commission of coordination in matter of waste of the Ministry of agriculture, power and environment, is has submitted to the Council Advisory of the environment, and to the pending of participation public, in accordance with it willing in the law 27 / 2006, of 18 of July, by which is regulate them rights of access to the information , of participation public and of access to the justice in matters of environment and with it willing in the Law 50 / 1997, of 27 of November, of the Government.
In its virtue, to proposal of the Minister of agriculture, power and environment, and of them Ministers of industry, energy and tourism and of health, services social e equality, with the approval prior of the Minister of Hacienda and administrations public, in accordance with the Council of State and prior deliberation of the Council of Ministers in its meeting of the day 24 of July of 2015 I have: Single article. Modification of Royal Decree 106/2008 of 1 February on batteries and accumulators and their waste environmental management.
The Royal Decree 106/2008, of 1 February on batteries and accumulators and their waste environmental management, is to be re-worded as follows: one. Amending paragraph 1 of article 2, which is worded as follows: "1. this Royal Decree shall 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 accordance with the provisions contained in the Royal Decree 1383 / 2002, of 20 December, on management of end-of life vehicles, and in Royal Decree 110/2015, of 20 February, on waste electrical and electronic, in connection with the batteries, accumulators and batteries from end-of life vehicles and electric and electronic devices from respectively.»
Two. Definitions i), j), n), x), and) and aa) of article 3 are worded in the following terms: «i) (waste battery or accumulator: battery, accumulator or battery which is a residue according to the definition of waste in article 3.a) of law 22/2011, 28 July, waste and contaminated soil.» «» ((j) waste hazardous batteries or accumulators: in accordance with article 3.e) of law 22/2011, 28 July, waste of batteries or accumulators that present one or several characteristics which render them hazardous, listed in the annex to the Regulation (EU) No. 1357 / 2014 of the Commission of 18 December, which replaced the annex III of Directive 2008/98/EC of the European Parliament and of the Council on waste and why repealing certain directives, as well as waste of batteries or accumulators which adopted the Government as dangerous in accordance with provisions in the directive or in the international conventions to which Spain is a party.
In any case, are included in the waste batteries and accumulators, considered dangerous, those who listed with an asterisk in the European waste list established by Decision 2014/955/EU Commission 18 December 2014, amending Decision 2000/532/EC, on the list of waste, in accordance with Directive 2008/98/EC the European Parliament and the Council. Among them we can mention: 16 06 01 * (lead-acid batteries and accumulators).
16 06 02 * (nickel-cadmium batteries and accumulators).
16 06 03 * (batteries containing mercury).
«20 01 33 * (batteries, accumulators and batteries, specified in the previous codes, generated as household waste or waste assimilable, from homes, businesses, industries and institutions, as well as the fractions containing these batteries, accumulators or batteries).»
«n) appliance: appliance electrical or electronic, such as defined in Royal Decree 110/2015, of 20 February, that will feed or can be fed, totally or partially, through batteries.» «» «x) individual extended responsibility system: System organized by a single producer of batteries, accumulators or batteries to comply individually to the obligations arising from the extended producer responsibility pursuant to the law 22/2011, July 28, and in the present Royal Decree.»
«(and) system collective of responsibility extended: System organized by a group of producers of batteries, accumulators or batteries, together with others operators economic that could participate, to give compliance of form collective to them obligations derived of the responsibility expanded of the producer according to it established in the law 22 / 2011, of 28 of July, and in the present real Decree.» «» AA) pick up rate: the percentage resulting from dividing the weight of waste batteries and portable accumulators collected in a calendar year since, according to article 10 of this decree or to Royal Decree 110/2015, of 20 February, by the average weight of the batteries and portable accumulators that producers sell directly to end users , or delivered 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 batteries and accumulators of automotive and industrial, for the calculation of collection objectives.'
3. Article 3 bis is worded as follows: «article 3 bis.» Registration of authorizations and communications in the registry of production and management of waste.
Authorizations and communications provided for in this Decree shall be entered in the registry of production and management of waste collected in article 39 of the law 22/2011, 28 July, by the competent authority of the autonomous community that gives them.»
Four. Paragraphs 1 and 4, and the letter c) of paragraph 5, article 4 are drawn up in the following terms: ' 1. only may be put on the market in territory batteries, accumulators and batteries that meet each and every one of the conditions and requirements of this Royal Decree. " If you are detected, in any part of the Spanish territory, the marketing of batteries, accumulators or batteries that do not meet these conditions and requirements, these products will be immediately withdrawn from the market in the form established by the legislation in force. However, batteries, accumulators or batteries that do not comply with the requirements of this Royal Decree relating to the content of cadmium and mercury, but which have been placed on the market legally before the date of application of the respective prohibitions of this article, may continue to be marketed until stocks are exhausted."
«(4. the prohibition that figure in the paragraph 3.a) not is apply to the batteries button with a content of mercury not superior to the 2 percent in weight, until the 1 of October of 2015.» «» (c) cordless power tools, this exception regarding cordless power tools shall apply until 31 December 2016."
5. Article 5 is worded as follows: «article 5. Obligations arising from putting on the market of batteries, accumulators or batteries.
1. in application of article 31 of the law 22/2011, of 28 July, each producer shall be obliged, to take charge of the collection and management of the quantities and types of batteries, accumulators and batteries used have placed on the market for sale to the end user in Spanish territory, anyone who has been the mode of sale either direct, electronic mail, or automatic. Such collection and management must be conducted in the way established in this Decree. These effects will be considered, at least, the following types of batteries, accumulators and batteries: a) battery button.
(b) standard batteries.
(c) portable batteries.
d) batteries, batteries and automotive batteries.
(e) batteries, accumulators and industrial batteries with cadmium.
(f) batteries, accumulators and batteries industrial lead.
(g) batteries, accumulators and batteries industrial without cadmium and without lead.
(h) other types.
The calculation of the quantities placed on the market for each type of battery, accumulator or battery, will be held for calendar years and shall be expressed as the weight of batteries, accumulators and batteries placed on the market in territory Spanish in the year in question, excluding all batteries, accumulators and batteries that leaving the Spanish territory in the same year before being sold to users end. It put on the market of each battery, accumulator or battery is counted a single time.
2 on the application of articles 31 and 32 of the Act 22/2011, of 28 July, the producer will be responsible, individually or collectively, collection and management referred to in the preceding paragraph, following some or several of the following possibilities: to) establishing their own individual extended responsibility system, these systems can sign voluntary agreements in the way established in article 20.
(b) participating in a collective system of expanded responsibility.
(c) establishing a system of deposit, refund and return of these batteries, accumulators and batteries used which has been put on the market, either as a form of individual extended responsibility system and also with other producers within a collective system of extended responsibility.
(d) contributing economically to the public management implanted systems, in proportion to the quantities of product placed on the market and according to the effective costs of its management.
3. schemes for those who choose producers, among those indicated in the preceding paragraph, shall be equipped with adequate means and a network of points of periodic selective collection, which is sufficient to cover all the territory which has been marketed their products and a network of points of periodic disposal, that is sufficient in the opinion of the competent authority of the autonomous community that receives the communication or grant them the authorization, report of the Committee on coordination of waste, in accordance with article 32.3 of the law 22/2011, of 28 July. Once collected and classified, waste batteries and accumulators will be transferred to authorised treatment and recycling plants.
4. the producers of batteries, accumulators or batteries, with the exception of lead-acid batteries, which use give rise to hazardous waste, will sign bonds, insurance or financial guarantees, on terms requiring the competent authority, be credited before the competent body of the autonomous community corresponding. Surety bonds, insurance or financial guarantees will cover the responsibilities which may arise activities of the accountability system expanded, according to characteristics, danger and potential risk of these activities, and will ensure the financing of the waste management allow you to ensure compliance with the obligations of responsibility extended to situations of non-compliance, insolvency or dissolution of the system.
5. them companies or entities that perform operations of management of waste of batteries or accumulators is submitted, depending on their activity, to the regime of authorization and communication established in the law 22 / 2011, of 28 of July, of waste and soils contaminated. They are not subject to the requirements of authorization or notification of managers of waste selective collection points, public or private, which are limited to batteries, accumulators or batteries used for delivery to a Manager, without prejudice that points of waste disposal in addition other waste, is collected will be subject also to the applicable sectoral legislation in their establishments.
6. producers of batteries, accumulators or batteries that put these products on the domestic market, including producers that made distance selling, shall communicate their status as producer Industrial integrated State-level registration. In the case of the sale of batteries, accumulators or batteries, by vendors located in other countries, they must communicate their status as producer to the mentioned registry and obtain the registration number referred to in the first additional provision.»
6. Modifies the name of chapter III in the following way: 'Chapter III extended producer responsibility systems' seven. Article 7 is worded as follows: «article 7. Individual extended responsibility systems.
1. the producers of batteries, accumulators or batteries may meet individually derived from the extended producer responsibility obligations established in title IV of the law 22/2011, July 28, and in article 5.1, establishing its own individual system of expanded responsibility. For this purpose, producers will present a communication prior to the start of collection and management activities, indicating its operation and measures that apply to the fulfillment of these obligations. This communication will be presented to the competent body of the autonomous community where is located their headquarters at the time of filing it, will be valid for the entire national territory and shall be entered in the registry of production and management of waste before the start of activities.
2. using the individual extended responsibility system, producer will organize directly responsible management operations corresponding to residues of batteries or accumulators put on the market. When, of compliance with the article 6.1, the producer opt by contribute to systems public of management implanted in his field territorial by supporting the cost that you appropriate, must, however, organize to your charge them operations remaining that not pay the system public.
3. the content of the communication that is concerns the paragraph 1, shall be as minimum the referred in the annex IX of the law 22 / 2011, of 28 of July. This communication must be accompanied by the documentation relating to financial security endorsed by the producer when necessary in accordance with article 5.4.
(He organ competent of it community autonomous, before which is has presented it communication, will oversee the documentation presented and, in concrete, the amount of the bail, safe or warranty financial according to them criteria that is established regulations, of conformity with the paragraph 1.b) of it available end third of it law 22 / 2011, of 28 of July.
The warranty will be existing in the time of the home of the activity of the system individual and must keep is and, in his case replace is, along a period of validity of five years, after which is will proceed to review them conditions and amount of the warranty.
Producers which individually establish its own system of deposit, refund and return should include this provision in notice at the beginning of its activities, indicating, in addition to the aforementioned contents, the functioning of the system for the fulfilment of such obligations, with identification of sellers of their batteries, accumulators and batteries placed on the market, as well as the location of the establishments of sales and collection of these products.
4. the individual extended responsibility systems, shall be subject to an audit, conducted by an independent entity that verifies each year the degree of fulfilment of the obligations of the producer, pursuant to the provisions of this Royal Decree. This audit will be implemented through the Organization of the voluntary agreement, if any, individual systems to participate.»
8. Article 8 is worded as follows: «article 8. Collective systems of extended responsibility.
1. the producers of batteries, accumulators or batteries may meet collectively derived from the extended producer responsibility obligations established in title IV of the law 22/2011, 28 July, and in article 5.1, through collective systems of extended responsibility. For this purpose, they will constitute an Association of those provided for in the organic law 1/2002, March 22, regulating the right of association or entity with its own legal status non-profit.
2. in accordance with article 32.2 of the law 22/2011, of 28 July, collective systems of extended liability shall be authorized by the competent body of the autonomous community where is located their headquarters at the time of submitting the application. This autonomous community be granted authorization, if necessary, upon request by the system and report of the Committee on coordination in the field of waste. Authorization will be valid for the entire national territory and shall be entered in the registry of production and management of waste before the start of activities.
The content of the application for authorization shall be at least referred to in annex X of the law 22/2011, on 28 July, and must be completed including the following information: to) segregated identification of the producers and, where appropriate, economic operators joined the collective system.
(b) description of all the operations comprising the collective system, including operations of deposit, refund and return organized in accordance with article 9(1).
(c) where applicable, document of the contract or the agreement, signed between the collective system, and plants or treatment and recycling facilities.
(d) identification and registered offices of the undertakings or entities to which is assigned the operations of the waste management of batteries, with an indication of the location of the plants or facilities of treatment and recycling of the same.
(e) identification and location of media management, such as waste disposal, transport units and diagrams routes points.
(f) whenever possible, we will supply the quantities (in weights and units) and types of batteries, accumulators and batteries placed on the market, during the two years preceding the application, by producers who are integrated in the system.
(g) in the event that the producers, or some of them, opt for a system of deposit, refund and return in accordance with article 9, be identified producers incorporated in it, as well as activities and establishments of sales and collection of batteries, accumulators and batteries, corresponding to this system.
(h) identification of the accreditation symbol of the collective system.
Authorisations granted to collective systems of extended responsibility will be temporary, will be awarded for a period of validity of five years and may be renewed for successive periods.
3. for the purposes of the application of this Royal Decree, collective systems of extended liability shall establish collaboration agreements with local authorities and autonomous communities when they intervene in the organisation of the management of waste batteries and accumulators; both administrations in accordance with their respective competencies will participate in the negotiation and implementation of these conventions. In these agreements will be established in addition to the objectives of management of waste, the conditions of collection, storage, treatment and disposal of materials contained in used batteries, accumulators and batteries.
(4. in accordance with article 32.5. j) of law 22/2011, on 28 July, the collective system will formulate annual accounts in each fiscal year in accordance with the provisions of Royal Decree 1491 / 2011, on 24 October, laying down the rules of adaptation of the chart of accounts to non-profit entities. These annual accounts shall be submitted to an external audit conducted by an auditor of accounts. Annual accounts audited and approved, must be submitted each year to the Coordination Committee on waste, accompanying besides its budget for the following year. The Commission may request additional information that is necessary.
In addition, an independent entity, shall verify each year the degree of compliance with the obligations required in the present Royal Decree, including the verification of the contributions of producers to the system and the justification of their destiny to the fulfilment of such obligations, the analysis of the costs of treatment of the waste and the environmental impact of the components, by issuing the report mentioned inspections. This information will be forwarded to the Commission for coordination in the field of waste.
5. for comply with them obligations established in this real Decree, them systems collective of responsibility expanded finance their costs net through them fees or contributions of them producers of the batteries, accumulators and batteries. The collective system contact in advance to all members of the same, the modification of the costs of waste management forecast, which will be reflected in the contributions of producers to the collective system and the justification of their destiny to the fulfilment of the obligations arising from the extended producer responsibility.
6. the application for authorisation referred to in paragraph 2, shall be accompanied by the documentation relating to financial security endorsed by the collective system in accordance with the provisions of article 5.4. The competent body of the autonomous community to which the application was lodged will oversee the documentation submitted and, in particular, the amount of the financial guarantee according to the criteria established by regulation, in accordance with paragraph 1.b) of the third final provision of the law 22/2011, July 28.
«Warranty will be in effect at the time of the beginning of the activity of the collective system and must be kept and, where appropriate, recover, throughout the period of validity of the authorisation, after which and if appropriate the renewal of the authorization would be to review the conditions and amount of the guarantee.»
9. Removed paragraphs 5 and 6, and modifies the wording of paragraphs 1 and 4 of article 9, which are written in the following terms: "1. producers of batteries, accumulators or batteries may individually meet the obligations arising from the extended producer responsibility laid down in law 22/2011, 28 July, and in article 5.1» establishing its own system of deposit, refund and return as individual responsibility extended mode. However, when so agreed, you can also be organized a system of deposit, and return by a group of producers and function within a collective system of extended responsibility.»
«4. the deposit amount referred to in paragraph 2, shall be set by order of the Ministry of agriculture, food and environment, which will incorporate an annex in this Royal Decree which shall specify the amount of the deposit for different types of batteries, accumulators and batteries for which appropriate.»
10. Paragraph 3 of article 10, which remain content to be deleted. And amending paragraph 1, point (c)) of section 4, and paragraphs 5 and 7 of the same article, which are drawn up in the following terms: "1. the collection of waste portable batteries must be carried out using specific disposal procedures.» To do this, create networks of selective collection points distributed according to the density of population and in number sufficient, accessible and close to the owner or end-user; in any case the delivery by the owner / end user is free of charge for these, which are not obliged to the acquisition of new portable batteries.
These procedures may be used together with procedures for the collection of waste electrical and electronic equipment which are regulated in the Real Decree 110/2015, of 20 February.»
«(c) through the services offered operating by individual or collective systems of extended producer responsibility.' «» 5. in selective collection points is must expose the public sufficient information that facilitates and allows the correct operation of deposit at each point, indicating, where necessary, the way to separate them according to types and sizes.»
«7. them producers shall ensure, through systems of responsibility extended or, in your case, through contribution to the system public, the transfer of these waste until the plants or facilities of treatment and recycling.» Producers may comply with this obligation directly with their own means or through third parties, duly authorized, providing them is. Extended responsibility systems will be able to sign contracts or agreements with plants or facilities for treatment and recycling, as established in the Royal Decree 180/2015, of 13 March, which regulates the transfer of waste inside the territory of the State.»
Eleven. Amending paragraphs 1 and 3 of article 11, being drafted in the following terms: "1. the collection of waste batteries, accumulators of automotive and its transportation to the treatment and recycling plants or industrial producers must make them preferably through the accountability system expanded involving it or by using the services of the management companies that hire» authorization or communication in accordance with the law 22/2011, July 28. Collection, storage and transportation operations should be free to the owner / end user. These producers can sign voluntary agreements with other economic operators or third parties, to facilitate the services of collection and transportation to authorized facilities that correspond to correct environmental management.»
«3. the producers of industrial batteries, accumulators or batteries or those acting on their behalf, are obliged to accept, owners or end users, batteries, accumulators and used industrial batteries that deliver them, and this free of charge to such owners or end users.» These obligations are payable irrespective of the chemical composition or origin of these batteries, accumulators and batteries. «Batteries, rechargeable batteries and industrial battery may also collect them operators licensed or registered to do so, as set forth in the law 22/2011, 28 July.»
12. Paragraph 1, the first subparagraph of paragraph 2, paragraph 3 and paragraph 4 of article 12, are written as follows respectively: «1. all waste batteries or accumulators collected pursuant to the provisions of articles 10 and 11, or as established in the Royal Decree 110/2015, of 20 February» they will undergo treatment and recycling, and should be use procedures that conform, at a minimum, in this Royal Decree and the rest of the legislation in force in the field of waste, health and safety.
2. the treatment and recycling of waste batteries and accumulators should be in licensed facilities established by the producers or third parties duly authorized, must be used, as of September 26, 2009, best available techniques for the protection of health and the environment, giving priority to the implementation of the principle of subsidiarity.
3. the operations of treatment must adjust is to them requirements minimum provided in the part to of the annex III.
When them waste of batteries or accumulators are collected together with them waste of appliances electrical and electronic according to the Real Decree 110 / 2015, of 20 of February, them batteries and accumulators is extracted of the inside of these residues.
4. recycling processes shall comply with the provisions and minimum levels of recycling efficiency set out in part B of annex III, by September 26, 2011. «Them levels of efficiency of recycled achieved in each year natural is calculated according to the Regulation (EU) No. 493 / 2012 of the Commission, of 11 of June of 2012, by which is established, of conformity with the directive 2006 / 66 / CE of the Parliament European and of the Council, rules detailed for the calculation of them levels of efficiency of them processes of recycled of them waste of batteries and accumulators.»
13. The article 14 is drafted in the following terms: ' article 14.» Financing of the collection and management of those waste of batteries and accumulators.
1. all costs of operations for the collection and management of waste portable, industrial and automotive batteries carried out in implementation of articles 10 and 11 including selective collection, transport, sorting, temporary storage, treatment and recycling, respectively, shall be borne by the producers subject to the extended responsibility system used.
2. in the specific case of batteries, accumulators and batteries collected pursuant to the Royal Decree 1383 / 2002, of 20 December, and the Royal Decree 110/2015, of 20 February, the cost of operation of collection and management, including transport, sorting, temporary storage, treatment and recycling, will be borne by the producers of these batteries, accumulators and batteries , while in no case may give rise to a duplication of costs for a same management operation. To this end, exclusively when the batteries, accumulators or batteries are incorporated into appliances or vehicles without that end users can easily extract them, the financing of the collection and complete management of waste batteries and accumulators and batteries, should be borne by producers of equipment or vehicles. For the fulfilment of the obligations of this paragraph, producers of batteries, accumulators or batteries can sign agreements with producers of vehicles, or vehicles or authorized treatment (CAT) management systems, regulated in the Real Decree 1383 / 2002, of 20 December, as well as with the producers of electrical and electronic equipment or systems of extended responsibility that integrates regulated in the Real Decree 110/2015, of 20 February.
3. in the event that the producers opt for collective systems of extended responsibility to assume the obligations of this article, they must provide to the system an amount for each battery, accumulator or battery that placed for the first time on the market and which are obliged to collect and manage in accordance with article 5.1, quantity that is proportional to the net costs of waste management and the environmental impact of its components.
4. to them effects of facilitate the control and follow-up of the funding of them systems of responsibility expanded and of ensure your maximum transparency and traceability, them producers of batteries, accumulators or batteries integrated in such systems, may identify them costs of them operations of collected, treatment and recycled of each category of batteries, accumulators or batteries, specifying it in the invoice of sale in it put in the market of their products , in any case, to ensure that the producer complies with its obligations from extended responsibility, this shall its incorporation into an extended responsibility system and Industrial integrated registration number. Costs are not indicated separately, in any case, to end-users at the time of sale of new portable batteries.
5. producers shall be obliged to facilitate verification, by those responsible for the different systems of collection, of the amount and types of batteries, accumulators and batteries that are placed on the market. Producers integrated in a collective system of extended responsibility will have this same obligation with respect to the system. Distributors or vendors will provide individual or collective systems of extended responsibility, the respective duly accredited information of the amount and type of batteries, accumulators and batteries that provide or sell to the end user, put on the market by such producers.
6. the producers, or in your case extended responsibility collective systems, or other entities acting on behalf of the producers, will finance the costs of campaigns of information to the public on collection, treatment and recycling of waste batteries and laptop batteries. These campaigns must be approved by the autonomous communities in whose territory or by the competent administrative authorities that apply.
«7. the present article is of application for all the waste of batteries or accumulators, regardless of the date of your put in the market.»
Fourteen. A new wording is given to paragraph 1, add a new letter c) to paragraph 2 and a new point (c)) to paragraph 3 of article 15. Additionally, is modifies the paragraph 4 of the same article, being written in the following terms respectively: «1. the index of collected is calculated by first time with regard to the year 2011.» The figures annual of collected and of sales include the batteries and accumulators incorporated to devices.
The objective minimum annual in the field State must meet is in each community autonomous. This will be calculated sales estimated in the autonomous territory of batteries and portable accumulators on the basis of the population, according to the latest data available from the National Institute of statistics at 31 December of the preceding year; the estimated sales of batteries, accumulators and batteries from automotive, will be calculated depending on the vehicle fleet; and sales of batteries, rechargeable batteries and industrial battery, be estimated on the basis of GDP. However, the Commission's coordination in the field of waste can arbitrate compensation mechanisms to modulate the objectives of autonomy on the basis of additional parameters that are considered suitable, such as official indicators of economic and social development, industrial development or indicators whose impact on the generation of waste batteries and accumulators has been demonstrated, and that, in any case ensure compliance with the minimum goals at the State level."
«(c) 50 per cent from December 31, 2020.» «» «(c) starting from December 31, 2018: a minimum rate of annual collection of 98 percent should reach.»
«4. without prejudice to the obligations of the producers laid down in article 5, as of December 31, 2011 is must, at a minimum, the goal of collecting annual for the whole of the national territory of 95 per cent by weight of waste batteries, accumulators and industrial batteries containing cadmium generated in the year preceding the collection of.
In addition, the following minimum indices of collecting waste batteries, batteries and industrial battery must reach: to) 98 percent for batteries, accumulators and industrial batteries containing cadmium, from December 31, 2017.
(b) the 98 per cent for those batteries, accumulators and batteries industrial that contain lead, starting from the 31 of December of 2017.
(c) 70 per cent per cent to batteries, accumulators and industrial batteries that do not contain neither cadmium nor lead, from December 31, 2020.»
15. Article 17 is worded as follows: «article 17. Removal of batteries and accumulators from appliances that contain them.
1. the manufacturer of appliances containing batteries or accumulators should design them so that they can be extracted easily, except that, for reasons of safety, performance, medical order or data integrity, continuity of power supply is necessary and requires a permanent connection between the device and the battery or accumulator.
2. when for technical reasons or force majeure, it is not possible that end users can easily extract these wastes, equipment manufacturers should design them so that a professional qualified, independent of the manufacturer, Yes to to remove easily.
3 appliances bearing incorporated batteries or accumulators must be accompanied by clear instructions about how removal of batteries and accumulators in a secure manner can be performed both by the end user as by independent qualified professional. The instructions should indicate also that before putting the appliance in the collection facilities, the end user must remove batteries and accumulators of the same and deposit it in selective waste collection points, provided that it is not necessary the intervention of a qualified to do so. Where appropriate, such instructions is shall inform the end user about the types of batteries incorporated into the device and necessary for its 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 forward to the competent authorities of the autonomous communities, an annual report on its activities, containing the following information: a) identification of the producer or producers integrated into the system of extended responsibility, and of the economic operators involved in the same.
(b) management activities organized or carried out by the manufacturer or by the extended responsibility system, and means used for this purpose, during the preceding calendar year in the field of the corresponding autonomous community. As well as identification of treatment and recycling facilities which are intended for waste batteries or accumulators collected in this autonomous community. Where appropriate, indicate the existence, characteristics, conditions and scope of voluntary agreements entered into by the producer for the management of these residues in this autonomous community.
(c) amounts estimated by weight, types, batteries, accumulators and batteries put on sale in the territory of the autonomous community corresponding, for each of the three preceding calendar years, obtained through procedures duly justified (of cast by autonomies of the amount put in the Spanish market proportionally with the distribution of other indicators such as population GDP, the Spanish fleet of vehicles or other official indicators).
(d) actual amounts by weight and by types of waste batteries or accumulators collected and managed by the system of responsibility expanded in the corresponding autonomous community during the preceding calendar year.
(e) collection rate achieved by the accountability system expanded during the preceding year in the whole of the Spanish territory, and estimated rate of collection achieved by the system within the territorial scope of the corresponding autonomous community.
(f) where appropriate, contribution to public management systems which have chosen the producers, pointing to operations covered by the public system.
(g) guarantee of solvency and economic situation accredited through: the proof of the existence of insurance, bond or other financial security endorsed in accordance with article 5.4; through the global turnover Declaration and of the works, supplies, services or work performed by the entity in the previous year, and, if necessary, through the accounts or annual audit reports; If for justified reasons unable to provide any of the documents referred to in the preceding paragraphs, you can register the economic and financial solvency through a report of financial institutions legally authorized to operate in Spain; or by any other documentation considered sufficient by the competent regional authority.
(h) others data that the authority competent of the community autonomous, the producer or the entity administering of the system consider necessary to facilitate the checking of that is meets the present real Decree.
This information shall be accompanied by the reports and audits to such systems, referred to in articles 7.4 and 8.4.
2 before 1 may each year plants or Spanish facilities of treatment and recycling of batteries, accumulators or batteries, shall send to the competent authorities of the autonomous community where they are located, the following information relating to the preceding calendar year: to) memory summary referred to in article 41.1 of the law 22/2011, 28 July waste and soil contaminated. This report will be made up of two distinct parts, a part concerning waste batteries generated in Spanish territory and another part dealing with waste batteries or accumulators generated outside of Spain that are imported and delivered to the facility for treatment. Data and information relevant to each of these parties shall be submitted separately in two tables of data to be adjusted to the format laid down in annex XII of law 22/2011, July 28. It will also include in memory information about identification, where applicable, of the system of extended liability or manager who has delivered the waste to the facility.
(b) the annual report, he referred to article 3.4 of Regulation (EU) No. 493/2012, 11 June 2012, which lays down detailed rules for the calculation of the levels of efficiency of the recycling of waste batteries and accumulators. This report will include, separately, data relating to residues of batteries or accumulators generated in Spanish territory and handed over to the installation for its treatment of those coming from other countries.
3. before the 1 of June of each year, them authorities competent of them communities autonomous sent annually to the address General of quality and evaluation environmental and medium Natural of the Ministry of agriculture, power and environment, the following information referred to its field territorial, elaborate starting from them data obtained as result of their own competencies and of them data supplied by them producers (, by them systems of responsibility expanded and by them facilities of treatment and recycled: to) identification of them producers and of them systems established in the community autonomous for the collection and management of batteries, accumulators or batteries. As well as the features, conditions and scope of voluntary agreements which, in this respect, were in force in the autonomous community.
(b) amounts estimated in weight and types, of batteries, accumulators and battery put to the sale in the field territorial of the community autonomous corresponding during each one of them three years natural preceding.
(c) quantities real in weight and types, of the waste of batteries or accumulators collected and managed in the community autonomous corresponding during the year natural preceding.
(d) index estimated of collected reached in the field territorial of the community autonomous corresponding during the year natural preceding, and comparison with the index of collected real reached during that year on the set of the territory Spanish.
(e) where appropriate, identification of the treatment and recycling facilities located on the territory of the corresponding Autonomous Community, indicating the procedures and processes carried out in the same, the type of batteries, accumulators and batteries treated, and treatment and recycling capacity for each of the types and processes.
(f) quantities by weight and by types of waste batteries treated and recycled in these facilities during the preceding calendar year, indicating the quantities generated in Spanish territory of the imported for processing and recycling.
(g) fractions of output and efficiency levels of recycling achieved during the preceding calendar year, in the processes of recycling of batteries or accumulators generated in Spanish territory and delivered to such facilities, calculated in accordance with the Regulation (EU) No. 493/2012 from the Commission of 11 June 2012, for each of the cases referred to in part B of annex III.
(h) innovations and measures taken by producers to reduce the content of heavy metals and other hazardous substances in batteries, accumulators and batteries.
(i) any other information which the competent authority of the corresponding autonomous community deems necessary or appropriate to check that it complies with the present Royal Decree.
4. the documentation relating to the obligations of information referred to in paragraphs shall be sent in electronic form, and, whenever possible, these obligations will be processed electronically.»
Seventeen. The first subparagraph of paragraph 1 of article 19 is worded in the following terms: "1. the public administrations, economic operators and individual or collective systems of extended liability will be required to provide consumers and the public in general complete and rigorous information on the management of waste batteries.» This information is may channel through campaigns joint of awareness citizen, publications, u others way similar, in whose case, when is try of batteries, accumulators or batteries that not are portable, is may establish agreements between the different parts interested mentioned for the funding and realization of such information. The minimum informational contents referenced a:» eighteen. (Is suppresses the paragraph 3 and is modifies it letter c) of the paragraph 1 of the article 20, that is drafted in the following terms: «(c) that is register in the registration of production and management of waste planned in it law 22 / 2011, of 28 of July.»
Nineteen. Article 21 is worded as follows: «article 21. Obligations of the end users and possessors.
End users or owners shall be obliged to deliver used batteries, accumulators and batteries having to pick up prescriptions set out in articles 10 and 11, in the special selective collection points, settlements of distributors or sellers, or waste managers duly registered recruitment in accordance with the provisions of this Royal Decree. "
20. Article 22 is drawn up in the following terms: 'article 22. Sanctioning regime.
1. the infringements committed against the provisions of this Royal Decree shall be subject to the penalties regulated in law 22/2011, 28 July, waste and contaminated soils in the law 21/1992 of July 16, of industry.
2. in the event of an extended responsibility system fails the communication conditions, the competent authorities where you breach the conditions may initiate disciplinary proceedings, may promote a partial implementation of the financial security as well as partially revoke the communication or authorization, suspending the activity of the system on its territory. If the system violates widely you can be a total execution of the guarantee, the revocation of its activity and downward in registration of production and management by the competent authority which registered system.»
Twenty-one. The first additional provision is couched in the following terms: «first additional provision. Registration in the Industrial integrated register of State level.
1. all producers of batteries, accumulators or batteries must register or be registered in the section special, created for this purpose, the Industrial integrated registry of area State, constituted under the protection of the law 21/1992 of July 16, industry and regulation of the record integrated industry, approved by the Royal Decree 559/2010, on May 7. The procedure of registration and enrollment, specific to this section, shall meet the requirements set out in annex IV.
2. the registry will assign to each registered producer, a registration number as a producer of batteries, accumulators or batteries. This number will serve to identify the producers in the verification of compliance with their rights and obligations, for which producers must include the registration number on all invoices or documents relating to commercial transactions of batteries, accumulators or batteries carried out between them and the dealers. In the case of distance selling, the producers must contain its registration number, both in the Web page or instrument that give support to the sale, as in the invoice issued to the purchaser or user.
3 in addition to the information indicated in annex IV, producers must annually provide to that section of the registry the following additional information: a) identification of the autonomous community where the headquarters of the producer and of the autonomous communities where sold batteries, accumulators or batteries placed on the market by the producer is located.
(b) technique used for sale and trade marks, for each type of battery, accumulator or battery placed on the market by the producer.
(c) identification of the extended responsibility system used by the producer, with indication in your case of the administering entity of the system, the geographic scope of its activity and the type and amount of the financial guarantee, with appropriate supporting documentation.
(d) in weight quantities 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 final user in Spanish territory. These amounts shall be also provided in a disaggregated way, differentiating the corresponding to the replacement market for those in the market for new products that incorporate them.
(e) quantities by weight and units, by type, origin and applications, batteries, accumulators and batteries placed on the market in Spanish by the producer, during the preceding calendar year, departing then for various reasons outside the Spanish for their sale to the end user (for example: amounts exported or transferred to other countries of the European Union incorporated into appliances or vehicles) (, amounts exported or transferred directly to commercial dealer centers located in other countries, sold by procedures remote users from other countries, etc.).
(f) the total amount in weight and units, by type, origin and applications, batteries, accumulators and batteries placed on the Spanish market by the producer during the preceding calendar year. (This amount should be the result of the sum of the quantities indicated in the letters d) and e).
(g) a statement that the yearly information supplied is true.
The introduction of these data will be held by electronic means through the application developed by the Ministry of industry, energy and tourism. In the event that by reason of force majeure is not possible the provision of these data by electronic means, may provide exceptionally on paper.
For the purposes of the content of such information, the breakdown by types of batteries, accumulators and batteries differentiated minimum types set out in article 5(1), the breakdown by origin must distinguish batteries, accumulators or batteries manufactured in Spain by the producer, manufactured in Spain by another company, imported from third countries acquired in other countries of the European Union or acquired through distance selling , and the breakdown by applications will be portable, automotive and industrial batteries.
4. the registry shall be sent, within four months of each year, the General Directorate of quality and environmental assessment and Natural Environment of the Ministry of agriculture, food and environment, a report summary containing quantities of batteries, accumulators and batteries placed on the Spanish market during the preceding calendar year by each of the registered producers «(((, broken down according to it specified in them lyrics d), e) and f) of the paragraph 3, with identification of the systems of responsibility expanded used by each producer and it technical used for the sale of their products.»
Twenty-two. The following annex is added IV: 'annex IV procedural requirements for registration in the registry integrated Industrial 1. Registration requirements.
The registration of registration of producers of batteries, accumulators and batteries, will be held electronically to enabled, special section for this purpose, the integrated Industrial registry set up as an organ of record. In the case that the electronic registration by reason of force majeure is not possible, this can be held exceptionally on paper.
Producers of batteries, accumulators and batteries will only have to register register only once, and when registering will receive a registration number.
2. information that producers must provide.
At the time of registration, for the purposes of registration the producers of batteries, accumulators and batteries provide the organ of record the following information: a) name of the producer and brand (in your case) that operates in Spain.
(b) address or addresses of the producer: postal code, city, street and number, country, URL and phone number, as well as contact person, fax number and electronic mail address of the producer, if available.
(c) indication of the kind of batteries, accumulators and batteries placed on the market by the producer: batteries and portable accumulators, batteries and industrial accumulators or batteries and automotive batteries.
(d) information on how the producer meets its responsibilities: individually or through a collective system (indicating whether it is individual or collective extended responsibility system, and if there is a contribution to a public system or establishment of system of deposit, and return, indicating also if you participate in voluntary agreements).
(e) date of the registration application.
(f) national identification code of the producer, including European tax identification number or national tax identification number (optional).
(g) Declaration of that the information provided is true.
3. registration fees.
Single registration organ may apply rates of registration if these are provided and are based on the costs.
When the organ of record apply rates of record, will inform to the authorities national competent on the methodology used to calculate them.
4. modification of the data of registration.
In the case of modification of them data, each producer will be forced to update the information indicated in the point 2, informing of this to the organ of record in the term maximum of a month starting from the moment in that is produce any modification.
5 low registry.
When producers no longer producers in Spain, will be removed from the registry informing the registration body.»
Available to transient first. 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 responsibility extended within the period of one year from the entry into force of this Royal Decree on the application of the fourth transitional provision of law 22/2011, of 28 July. For this purpose, 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 application for authorization as a collective system of extended liability, as provided for in paragraphs 7, 8 and 9 of the sole article of this Royal Decree and chapter III of the Royal Decree 106/2008 , 1 February.
Individual and integrated management systems that were already made of the entry into force of this Royal Decree will continue to function in accordance with the previous regime until you adapt to the new provisions, as set out in the preceding paragraph.
Available to transient second. Regulation of them guarantees financial.
To the adaptation of individual and integrated management systems to the expanded liability regime foreseen in this Royal Decree in accordance with the first transitional provision, already deposited financial guarantees they will cover the objectives laid down at the time of its Constitution and shall remain in force.
After the adaptation of the systems of extended responsibility, the provisions of this Royal Decree, the provisions on financial guarantees contained in this Royal Decree shall apply. However, if the regulation on financial guarantees referred to in articles 7.3 and 8.6, was not in force at the time of the application for authorisation of a collective system of extended liability or the presentation of the communication of a single system, the financial security you will subscribe in the terms that were doing so far.
Third transitional provision. Registration of producers making distance selling in the integrated Industrial registry.
The producers of batteries, accumulators or batteries that are putting their products on the market through sale at distance without being given in the Industrial integrated registry, must register within the period of six months from the entry into force of this Royal Decree.
First final provision. Incorporation of Community law.
This Royal Decree incorporates into the Spanish legal system 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 waste batteries and accumulators, with regard to the placing on the market of batteries and portable accumulators containing cadmium intended for use in cordless power tools, and with a low content of mercury button cells, and repealing Decision 2009/603/EC of the Commission.
Second final provision. Entry into force.
This Royal Decree shall enter into force the day following its publication in the "Official Gazette".
Given in Madrid, the 24 July 2015.
The Vice-President of the Government and Minister of the Presidency, SORAYA SAENZ DE SANTAMARIA ANTON
Search Translated Laws of Spain