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Royal Decree 180/2015, Of 13 March, Which Regulates The Transfer Of Waste Inside The Territory Of The State.

Original Language Title: Real Decreto 180/2015, de 13 de marzo, por el que se regula el traslado de residuos en el interior del territorio del Estado.

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TEXT

I

The Basel Convention of 22 March 1989 on the control of transboundary movements of hazardous waste and their disposal-the "Basel Convention"-was the response of the international community to the the problems generated by the transboundary movements of hazardous waste arising from the relentless increase in global production of these wastes.

The international treaty, ratified by an important number of countries, basically aims to control the movements of hazardous waste and prevent its illicit trafficking, recognizing that the most effective way to protect health human and the environment in the face of the damage produced by the waste is the reduction of its generation in quantity and in danger.

The principles on which the Basel Convention is inspired are the proper management of waste that minimises shipments, the treatment and disposal of waste as close as possible to the source of its generation. as well as the reduction and minimisation of the generation of hazardous waste at source.

By Council Decision 93 /98/EEC of 1 February 1993, the signature on behalf of the then European Community of the Basel Convention was authorised. With the adoption of Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, the entry and exit of the European Community, rules were laid down for the the Community system for the supervision and control of waste movements complies with the requirements of the Basel Convention.

Council Regulation (EEC) No 259/93 of 1 February 1993 was replaced by Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (") (hereinafter referred to as "the Community"), in order to adapt it to the successive amendments to the Basel Convention.

This Community Regulation seeks to ensure that waste which is transferred within the Community, as well as those imported from third countries into the Community, is managed in such a way that during the whole shipment and when value or eliminate in the country of destination, human health is not endangered and processes or methods that may be harmful to the environment are not used.

As regards exports to third countries from the Community which are not prohibited, the Community regulation is intended to ensure that waste management is carried out in an environmentally sound manner during the course of the the entire course of the shipment and including recovery or disposal in the third country of destination. To this end, the waste receiving facility is required to comply with standards for the protection of human health and the environment equivalent to the standards laid down in Community legislation.

The monitoring and control of shipments of waste within a Member State, as the Community Regulation itself recognises in its part, is a matter for the Member State concerned; however, as In addition to the regulation, the national waste disposal schemes must take account of the need to maintain consistency with the Community system in order to ensure a high level of protection of the environment and the environment. human health throughout the territory of the Union.

For this reason, Article 33 of the EC Regulation requires each Member State to establish an appropriate regime for the surveillance and control of shipments of waste carried out exclusively within its jurisdiction. The scheme must take account of the need to ensure consistency with the Community scheme laid down by Titles II and VII of the Community Regulation (which respectively regulate transfers within the Community with a view to or without transit through third countries and the additional provisions relating to the protection of the environment, inspections of establishments and undertakings, as well as infringements and penalties.

II

In order to comply with the mandate contained in Article 33 of the Community Regulation, Law 22/2011 of 28 July on contaminated waste and soil has established a legal system for regulating shipments of waste. waste within the territory of the State, based on the principles of international and Community law.

It should be noted that this is not the first time the matter has been dealt with in our legal order. Royal Decree 833/1988 of 20 July 1988 approving the Regulation for the implementation of the Law 20/1986, Basic for Toxic and Dangerous Waste, has already regulated the obligations relating to the shipment of waste, although limited to those at the time 'toxic and dangerous waste'-'hazardous waste ' in the current terminology-in line with the Community standard then in force: Council Directive 84 /631/EEC of 6 December 1984 on monitoring and control in the Community on the transfrontier shipments of hazardous waste. The new regulation contained in this royal decree, on the other hand, will apply, in the light of the provisions of the Community regulation, to all waste, thus extending the guarantees of its control and traceability.

In Royal Decree 833/1988 of 20 July, the three basic elements of the waste shipment regime have already been established: firstly, the existence of a prior undertaking between the producer of the waste waste and the manager, which ensures that the waste transferred will be accepted and properly managed; secondly, the need for the waste to be accompanied by an identification document which is the instrument for the waste. monitoring of the residue from its origin to its final treatment and, thirdly, the obligation to notify the transfers regulated in Royal Decree 833/1988 of 20 July.

Law 10/1998, of 21 April, of Waste included an article concerning the "Transfer of waste within the territory of the State", in which the reasons of opposition of the autonomous communities to the entrance and exit of the wastes from its territory. This same article stated that the Government would regulate transfers between autonomous communities.

Since that regulation was not carried out, in practice shipments of waste have been carried out, from the year 1988 to the present, in accordance with Royal Decree 833/1988 of 20 July, although limiting its scope to shipments of hazardous waste.

III

The need to maintain market unity within the strict observance of the rules on environmental protection, and to respect the principle of the free movement of goods-albeit highly nuanced when it comes to In addition to the fact that they are dangerous-it advises the adoption of common criteria, applicable to all shipments that are carried out in the territory of the State; criteria, it should be emphasized, that they have been demanded numerous times by the own autonomous communities, which have the competence to monitor and monitor the movements of waste in its territory. Law 22/2011 of 28 July 2011, in addition to the fulfilment of the obligations arising from the Union's right previously mentioned, has laid the foundations for the determination of those criteria governing the transfer scheme. It is now, through the approval of this royal decree, the development of them.

One of the questions raised in the application of Royal Decree 833/1988 of 20 July 1988 was that of the scope of the transfer scheme itself, doubts that were extended to the same concept of 'transfer' and the difference between the shipment and the transport of the waste.

Well, this question is dealt with in Article 25 of Law 22/2011 of 28 July, which defines the shipment of waste within the State-following the definition of shipment offered by the Community regulation-as " the transport of waste from one autonomous community to another, for recovery or disposal ". In this way, the scope of this legal system is limited, which will only be required when the waste is transported from one autonomous community to another and when the waste is destined for recovery or removal.

However, in order to ensure adequate compliance with the provisions of Article 33 of the Community Regulation, the autonomous communities shall regulate the movements of waste which are carried out exclusively within their own territory. territory, in a manner consistent with the regime established in this royal decree.

IV

This royal decree is based on the third paragraph of Law 22/2011 of 28 July 2011, which enables the Government to lay down the regulatory provisions necessary for the development and implementation of the law, and its purpose is to develop the provisions of Article 25 of the law on shipments of waste within the territory of the State.

The rule is structured in three chapters: the first contains the general provisions, the second the requirements common to all transfers and the third refers to the specific case of transfers that require a prior notification is made to the competent bodies of the Autonomous Communities.

Chapter I begins with the determination of the object, scope, definitions, and general requirements of the shipments. With regard to the scope of application it is relevant to clarify that this royal decree is applicable in the field of professional transport of waste as derived from Article 26 of Directive 2008 /98/EC of the European Parliament and of the Council Directive of 19 November 2008 on waste and repealing certain Directives, which is reflected in Article 29.2 of Law 22/2011 of 28 July 2011.

In the field of application, shipments destined for "intermediate" recovery or disposal are expressly mentioned, as defined in this chapter and which come from the Community regulation. This inclusion is crucial for the understanding of the rule as it allows the legal regime of shipments to waste movements between autonomous communities whose destination is a storage facility to be applied.

This storage linked to an approved facility-a different facility from that in which the waste was produced-should be considered, in accordance with Law 22/2011 of 28 July, a treatment operation -disposal D15 of Annex I or recovery R13 of Annex II.

In addition to the above definitions, the "transfer operator" has been introduced in this chapter as the natural or legal person who intends to move or move waste to another autonomous community for treatment. The operator shall, as a general rule, be the producer of the waste and, in the event of an intervention in the shipment, the trader or the agent may be the operators of the shipment instead of the producer. The determination of the operator is important for the purposes of the administrative control of the transfers and the application of the surveillance and sanction regime provided for in Law 22/2011 of 28 July. This is why the royal decree incorporates a closing clause stating that in the event that all the former persons are unknown, the person or legal person who is in possession of the waste will be considered an operator of the shipment. The royal decree provides for a derogation from the consideration of the producer as an operator: in the case of the collection of different producers, which are carried out in the same vehicle, of waste which is transferred at one time to a plant storage or other type of installation located in another autonomous community; in this case the possibility of being the authorized collector or in his case the manager of the installation that acts as an operator and the prior notification of the transfer from each production site to the warehouse. An example of this situation would be the collection of used industrial oils from repair shops located in one or more autonomous communities, which are temporarily taken to a warehouse located in another distinct autonomous community, to the expects to be moved to a regeneration facility located in a third, in this case the operator of the transfer from each workshop to the warehouse shall be the authorised collector.

Also included are the definitions of "identification document", which accompanies and identifies the waste in all types of shipment, and the "treatment contract" which in general terms is the agreement between the operator and the the consignee of the shipment, which establishes at least the specifications of the waste, the conditions of the shipment and the obligations of the parties when they occur-equivalent to the so-called 'acceptance document' in the Royal Decree 833/1988, July 20-. The reason for this change of denomination is the confusion that has occurred in the past between the "acceptance" as a document that plasma the agreement between producer and manager of the waste that guarantees that the waste will be treated properly and "acceptance" as the physical fact of admitting to the treatment plant the waste delivered by the carrier who has carried out the shipment.

This first chapter also lists the general requirements for shipments. As mentioned above, there are common requirements for all shipments-the prior existence of a "treatment contract", the "identification document"-and a third additional requirement, the prior notification, applicable exclusively for shipments of waste destined for disposal and shipments of mixed household waste, hazardous waste and those which are regulated, when used, in all three cases, for recovery.

This first chapter concludes with the referral to the surveillance, inspection and sanction regime contained in Title VII of Law 22/2011, of July 28.

Chapter II develops the common requirements for all shipments, i.e. the "treatment contract" and the "identification document".

The treatment contract is one of the essential pieces of this legal regime. As has been shown above, it is equivalent to the so-called 'acceptance document' of Royal Decree 833/1988 of 20 July 1988. This is a document of a legal/private contractual nature, signed between the transfer operator and the entity or undertaking that will carry out the treatment, be it intermediate, be it final. It is also provided for in the definition of the contract of treatment which may be concluded between the producer or holder of the waste in the event that the operator is the manager who collects waste from different sources. This contract shall stipulate at least the estimated quantity of waste to be transferred, its identification by means of the LER coding, the estimated frequency of shipments, the treatment to which the waste is to be subjected, any other information relevant to the proper treatment of the waste and the legal consequences of the non-compliance of the shipment with the provisions of the treatment contract itself.

The existence of this agreement, which is prior to the completion of any shipment and which, as a general rule, will cover all the transfers that are planned to be carried out in a given period of time, implies a guarantee that the waste will only be transferred if it is intended for a treatment plant in which it will be treated; in addition, such a contract ensures, in the event of incidents or non-compliance, the existence of an action protocol agreed between the operator and the company that will receive the waste for its treatment. For situations that might occur during a shipment that were not provided for in the treatment contract, the royal decree refers to the provisions of the Community regulation.

Not less is the importance of the "identification document", referred to in Royal Decree 833/1988 of 20 July, "control and monitoring document" ("DCS"). Its content, detailed in Annex I, makes it possible to know at all times the type of waste, its origin and destination, the operator of the shipment, the data of the carrier and any other circumstances inherent in the movement of the waste. It therefore has an essential role for proper traceability and in order to make it easier for administrations to carry out their functions of control, surveillance and inspection.

This chapter finally regulates the alleged rejection of the waste at the treatment plant to which they have been moved. This royal decree provides for two possible scenarios: the return of the waste to the place of origin accompanied by the same identification document, and the storage of the waste temporarily before it is sent to another treatment facility, accompanied by a new identification document. In the latter case, a new shipment notification is required when the waste is not returned to its place of origin but is transferred to another plant, either in the autonomous community of destination, or in a different one.

Chapter III and last develops the additional requirement of the "prior notification" to which certain types of shipments are subject, which, by the nature of the waste or the treatment to which they will be subjected, must be have been brought to the attention of the authorities concerned, in order to enable them, if there are reasons to justify it, to oppose them.

In this way, any shipment of waste destined for disposal must be notified in advance, since this type of treatment is the last place in the waste hierarchy, as enshrined in Article 8 of Law 22/2011, 28 of July, and therefore, the Administration must be given the opportunity to assess whether there is an alternative to the shipment of waste to another autonomous community for disposal, in accordance with the principles of self-sufficiency and proximity, also in law.

They are also subject to prior notification of certain wastes which, still destined for recovery, may have effects which need to be analysed by the authorities: these are the mixed household waste, the hazardous waste and of those that are regulated.

The procedure for prior notification has been designed with the need to simplify and facilitate administrative formalities for operators, and to do so the time allowed for the administrations to demonstrate -ten days-is very brief, and the administrative silence has a positive character, so that if within that period the operator has not made a statement, he/she will be able to carry out the transfer.

Furthermore, and with the aim of simplification, it is expected that the operator will be able to make a general notification with a three-year term for residues of similar physical and chemical characteristics that will be receiver and installation.

The reasons for opposition to transfers have been fully taken into account in this chapter to facilitate the work of implementing the rule, avoiding the cascading referrals to Law 22/2011 of 28 July and the Community regulation, which the law in turn was referred to in order to determine such grounds of opposition. Pursuant to Law No 20/2013 of 9 December 2013 on the guarantee of the market unit, it will not be possible to be a cause of opposition to the transfer of certain services, in the territory of destination, to public service under Article 14.6 of the Treaty. Law 22 /2011 of 28 July.

The final part of the standard is made up of two additional provisions, a transitional arrangement that allows existing documents to continue to be used as long as the formats adapted to the new standard are not available. regulation, and a derogation provision which expressly repeals certain articles of Royal Decree 833/1988 of 20 July 1988 and four final provisions on amendments to Annex VIII to Law 22/2011 of 28 July 2011, authorization for updating the attachments and entry into force.

The additional provision first provides that the procedures provided for in the first provision shall be made by electronic means. For these purposes, all transfer documents are intended to be available in electronic and unique format for the entire territory of the State. These documents will be adapted to the situations foreseen in this royal decree.

By means of the additional provision, second, the movements of waste within the territory of the autonomous communities which must establish their own regime of monitoring and control of the movements of waste are regulated. carried out exclusively within its territory. The purpose of this provision is to complete the regulation of all movements of waste that are carried out inside the national territory-and not only those that are carried out among autonomous communities-thus guaranteeing the complete and correct compliance with Article 33 of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste, according to which Member States are to regulate shipments within their territory. jurisdiction.

The system of transfers within each autonomous community must take into account the need to ensure consistency with the regime of transfers between autonomous communities and, in particular, the requirement of a document (a) identification accompanying the waste in its movements, prior notification and the existence of a treatment contract.

The fourth additional provision regulates shipments of waste between autonomous communities, where there is a transit country belonging to the European Union and when the transit country is a third country, as regards the powers relating to authorisations and processing in accordance with Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006.

The final provision first introduces an amendment to paragraph (f) of Annex VIII to Law 22/2011 of 28 July on the content of the communication of waste producers and managers in order to adapt it to the new name of the acceptance document, which under this royal decree becomes known as a treatment contract.

While the third final provision of Law 22/2011, of July 28, states that "the updating and modification of the annexes of this law shall be carried out by order of the Minister of Agriculture, Food and the Environment". Environment ", reasons for legal certainty have led to the option of making this slight modification through this norm.

The competing titles on which this royal decree is based are Article 149.1.13 of the Constitution, which attributes to the State exclusive competence on the basis and coordination of the general planning of the economic activity, and Article 149.1.23, which attributes exclusive competence to the State in basic legislation on environmental protection, without prejudice to the powers of the autonomous communities to lay down additional rules of protection.

On the first of the relevant titles mentioned, it should be noted that shipments of waste are of great importance in the economy. The waste is goods-although it is true that as such they have some singularities-so they are subject to the rules of free movement and the principle of market unity. The regulation of shipments of waste should therefore be based on this title. However, as goods with specific characteristics must also be subject to the rules on environmental protection, it is also essential to mention the title of Article 149.1.23. Constitution.

There are two annexes that accompany the royal decree: one concerning the content of the identification document and one on the transfer notification.

The measures contained in this royal decree are framed within the actions envisaged within the Commission for the Reform of Public Administrations (CORA) aimed at reducing administrative burdens and simplification of procedures.

In the elaboration of this royal decree, the autonomous communities and cities of Ceuta and Melilla, and the most representative sectors potentially affected, have been consulted. In addition, it has submitted to the Environment Advisory Council, the Commission on the coordination of waste and the procedure for public participation in accordance with the provisions of Law 27/2006 of 18 July on the protection of the rights of the access to information, public participation and access to justice in the field of the environment.

In its virtue, on the proposal of the Minister of Agriculture, Food and Environment, with the prior approval of the Minister of Finance and Public Administrations, according to the State Council and prior deliberation of the Council of Ministers, at its meeting on 13 March 2015,

DISPONGO:

CHAPTER I

General provisions

Article 1. Object and scope of application.

1. The present royal decree aims to develop the legal regime for shipments of waste that are carried out inside the territory of the State, regulated in Article 25 of Law 22/2011, of July 28, of residues and soils. contaminated.

2. This royal decree applies to shipments of waste between autonomous communities for recovery or disposal, including shipments to installations carrying out intermediate recovery or disposal operations.

Article 2. Definitions.

In addition to the definitions contained in Law 22/2011, of July 28, for the purposes of this royal decree, it is understood by:

(a) "Transfer Operator" means the natural or legal person who intends to move or move waste for treatment, and who has the obligation to notify the shipment. The operator is one of the natural or legal persons of the following list, chosen according to the order established in the list:

1. The producer of the waste in accordance with the definition in Article 3 (i) of Law 22/2011 of 28 July, as a general rule and provided that the origin of the shipment is the place of production of the waste.

2. The manager of the warehouse or the treatment facility, in the event that waste is collected from different producers or holders in a single vehicle and transferred to a warehouse or treatment facility of waste.

3. The Store Manager, in case the move is made from an authorized store.

4. The dealer, provided for in the definition of Article 3.k) of Law 22/2011, of July 28.

5. The agent, provided for in Article 3.l) of Law 22/2011, of July 28, authorized in writing by the third party who commissioned the waste management.

6. The holder of the residue, in cases where the previous subjects are unknown.

The actual decrees regulating the specific waste streams will be able to determine who is the operator of the shipment in each case.

b) "Move Recipient" means the entity or company that is to perform the treatment of the waste at the target facility.

(c) "Storage" means operations R13 and D15 of Annexes I and II to Law 22/2011, of 28 July.

(d) "Intermediate treatment" means operations R12, D13 and D14 of Annexes I and II to Law 22/2011 of 28 July.

e) "Move source": the place from which the shipment of waste is started.

f) "Move destination": the place where the shipment of waste ends.

g) "Identification document": the document that identifies and accompanies the waste during its shipment. Its content shall be as set out in Annex I.

(h) "Contract for the treatment of waste" means the agreement between the operator and the consignee of the shipment, which establishes at least the specifications of the waste, the conditions of the shipment and the obligations of the parties when incidents are presented. In the case of shipments referred to in Article 2 (a) (2) (2), in which waste from different sources is expected to be collected, the treatment contract shall be established between the producer or holder of the waste and the manager of the waste. target installation.

In cases where the rule of a certain waste stream, so established, the extended liability systems of the producer which organise the waste management, may be the ones that subscribe to the contract of the treatment.

Article 3. General requirements for shipments.

1. These are requirements applicable to all shipments of regulated waste in this royal decree, the following:

(a) Dispose with prior character at the start of a transfer of a treatment contract as set out in Article 2.h). In the case of waste that is transferred between two treatment plants which are managed by the same legal entity, this contract may be replaced by a declaration of the entity in question which includes at least the content of the specified in Article 5.

b) That the waste is accompanied by an identification document from the source to its reception at the destination facility.

2. In addition to the requirements set out in the previous paragraph, they are subject to the pre-shipment notification requirement:

a) Shipments of hazardous waste;

b) shipments of waste destined for disposal;

c) shipments of waste destined for incineration plants classified as recovery, as provided for in operation R1 of Annex II to Law 22/2011 of 28 July, as regards compliance with the formula Energy efficiency;

(d) shipments to be used for the recovery of mixed household waste identified with the code LER 20 03 01 and the waste that is regulated by regulation.

3. Excluded from the prior notification requirement:

(a) shipments of non-hazardous waste as referred to in paragraph 2 (c) and (d), intended for recovery, if the amount of waste moved does not exceed 20 kg.

(b) shipments of waste for laboratory analysis to assess their physical or chemical characteristics or to determine their suitability for recovery or disposal operations. The quantity of such residues, except where they are specifically intended for laboratory analysis, shall be determined on the basis of the minimum quantity that is reasonably necessary to make the analysis in each case, and shall not exceed 25 kg.

Article 4. Surveillance, control, inspection and sanctioning regime.

The surveillance, control and inspection of shipments of waste, as well as the sanction of the infringements of the provisions of this royal decree will be carried out in accordance with the provisions of Title VII of Law 22/2011, of 28 of July.

CHAPTER II

Common requirements for all shipments

Article 5. Content of the waste treatment contract.

The waste treatment contract shall contain at least the following aspects:

a) Estimated amount of waste to be moved.

b) Identification of waste by means of its LER coding.

c) Estimated Periods of the Moves.

d) Any other information that is relevant to the proper treatment of the waste.

e) Treatment to which the waste is to be subjected, in accordance with Annexes I and II to Law 22/2011, of 28 July.

(f) Obligations of the parties in relation to the possibility of rejection of the waste by the recipient.

Article 6. Identification document.

1. Before starting a shipment of waste, the operator shall complete the identification document, containing the contents of Annex I, which shall be delivered to the carrier for the identification of the waste during the shipment. The identification documents shall be consistent with the provisions of the treatment contract.

2. Once the shipment has been carried out, the carrier shall deliver the identification document to the consignee of the waste. Both the carrier and the consignee shall incorporate the information into their chronological file and keep a copy of the identification document signed by the consignee on which the waste is delivered.

3. The consignee shall have a period of 30 days from the receipt of the waste to carry out the necessary checks and to send the identification document to the operator, indicating the acceptance or rejection of the waste, conformity with the provisions of the treatment contract. The identification document received by the operator shall permit the documentary accreditation of the delivery of waste provided for in Article 17 of Law 22/2011 of 28 July.

4. In the case of waste subject to prior notification, the consignee of the shipment of waste shall, within 30 days of the delivery of the waste, transmit the identification document to the competent authority of the autonomous community of origin and destination, for the purposes of monitoring, monitoring, inspection and statistics, except in the case of cases where paragraph 8 applies.

5. In the case of shipments of waste not subject to the prior notification procedure, the function of an identification document may be made, an invoice or other documentation provided for in the legislation applicable as a consignment note or control document, provided that it contains the information in Annex I relating to the content of the identification document.

6. The documentary accreditation of the complete treatment of the waste by the dealer to the natural or legal person who gave him the waste provided for in the second paragraph of Law 22/2011, of July 28, will be carried out by the negotiating by delivering:

(a) The identification document with the acceptance of the waste by the recipient. Within 30 days after the business has received the identification document with the acceptance of the waste, or

(b) A declaration of the delivery of the waste to an authorised manager and acceptance by the authorised manager for its full treatment, where the trader agrees with the natural or legal person who delivered the waste. wastes. The delivery declaration may be for a shipment or for several shipments, relating to a maximum period of time of one year. This declaration shall be delivered within 30 days of the receipt of the document identifying the shipment with the acceptance of the waste, or within 30 days of receipt of the identification document of the shipment. last shipment with the acceptance of the waste, in the case of declarations for several shipments.

The trader, in the case of non-hazardous waste, may exclude from the declaration the information in point 6 of Annex I, relating to the destination of the waste, with the exception of the processing operation to which it has been subjected. the residue and the environmental identification number (NIMA) of the target installation. Where the data referred to in the preceding paragraph are omitted from the above statements, the trader shall present a summary of the information contained in the chronological file to the autonomous communities of origin and destination of the transfers, provided for in Article 41 of Law 22/2011, of 28 July, for the purposes of monitoring, monitoring, inspection and statistics.

In any event, the dealer shall keep the documents for the identification of the shipments made available to the competent authorities during the three-year period provided for in Article 40 of Law 22/2011, 28 of July.

7. In the case of waste managed by local authorities in a direct or indirect manner, the operator may issue an identification document for several shipments with a maximum of one year, provided that the types of waste match, as the source and destination of the shipment. This document should be amended when any of the above mentioned circumstances change. Each vehicle shall have its own identification document. The information on the quantities of waste to be transferred shall be incorporated into the identification document where the waste is weighed on each of the deliveries to the target installation. These identification documents shall be transmitted annually by the installation of destination to the autonomous communities of origin and destination.

8. In the case of shipments of waste that are regulated by regulation, the regulations governing these wastes will determine in which cases the function of identification document can be made any commercial document, such as albaran, invoice or other documentation provided for in the applicable legislation.

Article 7. Rejection of waste.

1. When the shipment is carried out, if the waste is not accepted by the consignee, the consignee shall send to the transfer operator the identification document indicating the non-acceptance of the waste and, in accordance with the provisions of the treatment contract, you can choose to:

a) Return the residue to the place of origin accompanied by identification document with the indication of the return of the residue.

b) Send the waste to another treatment facility. This transfer must be accompanied by a new identification document. The operator of this new move will be the operator of the initial move.

2. Where shipments are subject to the prior notification procedure, in the case of paragraph 1b), the operator of the initial shipment shall submit to the autonomous communities of origin and destination a new notification for the new shipment. transfer. In the case of paragraphs 1 (a) and (b) the operator of the initial shipment shall forward the identification document to the communities of origin and destination.

CHAPTER III

Specific requirements

Article 8. Prior notification of shipment.

1. The operators of the shipments referred to in Article 3.2 shall submit to the competent authority of the autonomous community of origin and of destination a prior notification containing the content specified in Annex II at least 10 days before the date of the notification. carry out the move.

The notification may serve multiple shipments provided the waste has similar physical and chemical characteristics and the waste is transferred to the same recipient and to the same facility. This notification shall be referred to as general notification and shall be submitted at least 10 days before the first shipment and shall be valid for a maximum of three years.

2. A new notification shall be made when the notified amount of waste has been moved, where there is a change in the aspects referred to in paragraph 1, or after the period of validity has elapsed.

3. Where the waste has as its destination an intermediate treatment facility in the prior notification, it shall include any treatment facilities to which the waste is finally intended for up to a maximum of three. This information shall be completed by the operator unless, for reasons of confidentiality, the intermediate installation manager chooses to incorporate such information in the notification, in which case the notification shall be transmitted by the operator. to the intermediate installation manager, and by this to the source and target stand-alone communities.

4. The operator may carry out the shipment if no information or documentation has been requested by the competent bodies of the autonomous communities of origin and destination after 10 days since the prior notification was submitted. additional, error-related errors, or have not indicated their opposition to the shipment, in accordance with the provisions set out in the following Article.

Article 9. Opposition to the move.

1. Within a maximum of 10 days from the date of submission of the shipment notification, the competent authority of the autonomous communities of origin and destination may object to the shipment, on the grounds of one of the causes provided for in Article 25. of Law 22/2011 of 28 July and developed in the following paragraphs 2 and 3, motivating this decision.

The ten-day period will be interrupted if the Administrations request information, supplementary documentation or the error of error, with the effects provided for in Article 71 of Law 30/1992 of 26 November 1992. Legal status of public administrations and the common administrative procedure. The applicant administration shall inform the competent authority of the other autonomous community concerned.

If any of the competent bodies object to the transfer, it shall communicate its decision to the transfer operator and to the competent body of the other affected autonomous community.

2. The competent authority of the Autonomous Communities may object to shipments of waste destined for disposal where:

(a) The planned removal or disposal does not comply with the national provisions in force for the protection of the environment, public order, public security or health protection.

(b) The planned transfer or disposal does not comply with the provisions of Law 22/2011 of 28 July, in particular Article 9, concerning the principle of self-sufficiency and proximity, and Article 14, on plans and waste management programmes, taking into account the geographical circumstances or the need to have specialised facilities for certain types of waste because:

1. The installation of the integrated state network of disposal facilities, provided for in Article 9 of Law 22/2011, of July 28, is not the closest to the place where the waste was generated.

2. The residue must be disposed of in a specialised facility, and waste from a source of the nearest source must be disposed of in this facility and the waste is given priority by the competent authority.

3. º Transfers, if produced, would not be in line with waste management plans.

(c) Waste is treated in facilities referred to in Law 16/2002 of 1 July of Integrated Pollution Prevention and Control, but which do not apply the best available techniques as defined in Article 3.15 that law, in accordance with the integrated environmental authorisation of the installation.

(d) This is domestic mixed waste from households.

3. The competent authority of the autonomous communities may oppose shipments of waste destined for recovery of the waste referred to in Article 3.2 (a), (c) and (d) where:

(a) The planned transfer or recovery does not comply with the provisions of Law 22/2011 of 28 July 2011, in particular Article 7 on the protection of human health and the environment, Article 8 on the hierarchy of waste, Article 14 on waste management plans and programmes, and Article 27 on the authorisation of waste recovery operations.

(b) The planned transfer or recovery does not comply with national laws and regulations on the protection of the environment, public order, public security or health protection.

(c) The waste in question is not treated in accordance with waste management plans drawn up under Article 14 on waste management plans and programmes under Law 22/2011 of 28 July, in order to ensure that the waste is treated as waste. compliance with the objectives set for recovery or recycling in Community and national legislation.

(d) In the case of municipal waste destined for incineration plants classified as valorisation, in accordance with Article 3.2.c), it may be claimed as a cause of opposition:

1. º That shipments, if produced, would result in the waste produced in the autonomous community of destination having to be eliminated.

2. º That shipments, in the event of occurrence, would result in waste from the autonomous community of destination having to be treated in a way that would not be compatible with its waste management plans.

4. Where shipments of waste to intermediate processing facilities occur, the competent bodies of the autonomous communities of origin and destination shall assess their possible opposition to the shipment for the reasons set out in paragraphs 2 and 3 of this Regulation. this Article, in relation to intermediate processing operations and facilities, as well as in relation to subsequent operations and treatment facilities.

5. The decisions taken by the autonomous communities pursuant to paragraphs 2 and 3 shall be reasoned, notified to the Commission on the coordination of waste, and shall not be contrary to the National Framework Plan for Waste Management.

The Waste Coordination Commission will pay particular attention to a consistent interpretation and application throughout the national territory of the grounds for opposition to the shipment and will propose, where appropriate, the adoption of agreements to ensure this objective.

6. The opposition to the transfer of the competent body shall be subject to the terms laid down in Law 30/1992 of 26 November.

Additional disposition first. Electronic processing.

The procedures regulated in this royal decree will be carried out electronically within a maximum of one year from its entry into force, through standardized documents for the entire territory of the State that will be available in the web portals or electronic venues of the competent public administrations. The format of the documents will be adapted to the contents provided for in this royal decree.

The presentation of the electronic documents which are the subject of this royal decree before the competent bodies of the autonomous communities may be effected by the persons or entities authorized for the electronic filing of documents on behalf of third parties, in the terms set out in Royal Decree 1671/2009 of 6 November 2009, for which the Law 11/2007, of 22 June, of electronic access of citizens to services is partially developed public.

Additional provision second. Waste movements within an autonomous community.

To ensure adequate compliance with the requirements of Article 33 of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste, the Community They shall establish an appropriate regime for the surveillance and control of the movements of waste carried out exclusively within their territory within a maximum of one year from the entry into force of this royal decree or may choose to apply directly in its territory this royal decree. The autonomous communities shall inform the Commission of coordination in the field of residues of the surveillance and control regime they establish in their territory.

This regime should take into account the consistency with the movement regime established in this royal decree. In particular, the arrangements applicable to the movement of waste within an autonomous community shall include at least the requirement for all movements of waste from: an identification document accompanying them, a contract of waste treatment, as well as a prior notification in the cases referred to in Article 3.2 of this royal decree for the purposes of the opposition to its treatment in the autonomous community where it lacks adequate facilities on its territory or has provided an alternative solution to its treatment in the waste plans in its waste plans.

Additional provision third. Emergency situations.

Urgent shipments of motivated waste for reasons of force majeure, accidents, spills, or other emergency situations, will be exempt from the requirements of this royal decree. The operators of such shipments shall inform the autonomous communities concerned as soon as possible and, in any event, immediately after completion.

Additional provision fourth. Shipments of waste with transit through another country.

1. Shipments of waste between autonomous communities with transit through another Community country or by a third country shall be governed by the provisions of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on the shipments of waste.

2. The powers for the authorisation and processing of such transfers shall be the responsibility of the Ministry responsible for the environment, pursuant to Article 12.3.c) of Law 22/2011 of 28 July, where the country of transit does not belong to the the European Union, and shall correspond to the Autonomous Communities, pursuant to Article 12.4.d) of Law 22/2011 of 28 July, when the country of transit belongs to the European Union.

Single transient arrangement. Transitional arrangements.

1. The competent public authorities shall adapt the procedure and the transfer documents to the provisions of this royal decree within one year of their entry into force. As long as this adaptation occurs, the existing transfer documents, which must be available on the websites of the competent public administrations, will continue to be used.

2. By way of derogation from Article 8.1, operators may choose to forward the prior notification only to the competent authority of the autonomous community of origin, if they so indicate in the prior notification. By way of derogation from Article 6.4, the recipients of shipments of waste may choose to refer the identification document only to the competent authority of the autonomous community of destination.

In such cases, the receiving authority shall send the documents electronically to the other autonomous community within three days and, for the purposes of calculating the time limits provided for in Article 8, inform the operator of the date of receipt of the prior notification by the destination authority.

3. As long as the electronic processing provided for in the first provision is not carried out, the time limits laid down in Article 8 shall be taken into account from the date of receipt of the prior notification by the competent bodies of the communities. origin and destination stand-alone; where the date of receipt does not coincide, the time limit shall be computed from the later date. For these purposes, the competent bodies of the autonomous communities shall send an acknowledgement of receipt to the operator in which the date of receipt is to be recorded.

4. As long as the actual decrees of specific waste streams are not modified, in those wastes where the extended producer responsibility systems are subscribing to treatment contracts, they may continue to do so for the compliance with Article 3.1.a), until specific provisions on this issue are included in the actual decrees of the waste streams.

Single repeal provision. Regulatory repeal.

All those provisions that oppose, contradict or are incompatible with the provisions of this royal decree are repealed, and in particular the following articles of the Regulation for the implementation of Law 20/1986, Basic of Toxic and Dangerous Waste, approved by Royal Decree 833/1988 of 20 July: 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 16, 17, 18, 19, 20, 21, 22.2, 22.3, 23, 24, 25, 26, 29, 30, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 46, 47, 48, 49, 52, 53, 54, 55, 57, 58, 59, 60, transitional provisions first, second, third, additional provision and Additional provision second.

Final disposition first. Amendment of Annex VIII to Law 22/2011 of 28 July on contaminated waste and soils.

Paragraph (f) of Annex VIII to Law 22/2011, of 28 July, of contaminated waste and soils, is hereby worded as follows:

" (f) the intended treatment operations for the waste, the treatment contract with the waste manager, where it has the waste manager, or in the absence of the waste manager responsible for the producer in which the waste manager is responsible; commitment to conclude the relevant treatment contract with the manager. "

Final disposition second. Competitive titles.

This royal decree has the character of basic legislation in accordance with the provisions of article 149.1.13. of the Spanish Constitution, which attributes to the State the competence on the basis and coordination of the planning Article 149.1.23 of the Constitution, which attributes the basic legislation on environmental protection to the State.

Final disposition third. Authorization for updating the attachments.

The Minister of Agriculture, Food and the Environment is authorized to update the annexes of this royal decree by ministerial order.

Final disposition fourth. Entry into force.

This royal decree will enter into force within one month of its publication in the "Official Gazette of the State".

Given in Madrid, on March 13, 2015.

FELIPE R.

The Minister of Agriculture, Food and the Environment,

ISABEL GARCÍA TEJERINA

ANNEX I

Identification document content

1. Identification document number1.

2. Prior notification number1.

3. Start date of the move.

4. Information relating to the transfer operator:

a) Social name or reason.

b) NIF.

c) Address: street, municipality, province, autonomous community, country.

d) Contact details: telephone, fax, e-mail.

e) The enrollment number in the Production and Waste Management record2.

f) Operator type3.

g) Environmental identification number (NIMA)2.

5. Information regarding the source of the move4:

(a) Information of the producer or holder of waste or the installation source of the shipment:

1. The name or social reason for the center or installation.

2. º NIF5.

3. Address: street, municipality, province, autonomous community, country.

4. º Registration number in the Production and Waste Management Registry2.

5. º Environmental Identification Number (NIMA)2 from the producer or installation center.

6. Code of economic activities (CNAE).

(b) Information of the undertaking authorised to carry out waste treatment operations, including storage, if the origin of the shipment is a waste treatment facility:

1. Name or Social Reason.

2. NIF.

3. Address: street, municipality, province, autonomous community, country.

4. Contact details: telephone, fax, e-mail.

5. º Registration number in the Production and Waste Management Registry2.

6. Environmental Identification Number (NIMA)2.

6. Information regarding the destination of the move:

a) Target installation information:

1. The name or social reason for the installation.

2. NIF of the authorization holder.

3. Address: street, municipality, province, autonomous community, country.

4. º Registration number in the Production and Waste Management Registry2.

5. º Environmental Identification Number (NIMA)2 of the treatment facility.

6. Treatment operation to which the waste is to be subjected in accordance with Annexes I and II of Law 22/2011, of July 28, of contaminated waste and soils6.

b) Information of the approved company to perform waste treatment operations, including storage at the target facility:

1. Name or Social Reason.

2. NIF.

3. Address of the registered office: street, municipality, province, autonomous community, country.

4. Contact details: telephone, fax, e-mail.

5. º Registration number in the Production and Waste Management Log2.

6. Environmental Identification Number (NIMA)2.

7. Characteristics of the residue being moved:

(a) The residue code in accordance with the European List of Waste (LER) set out in Commission Decision 2000 /532/EC of 3 May 2000.

b) Description of the residue.

c) The amount of waste that is transported in Kg.

(d) In the case of hazardous waste, indication of the hazard characteristics in accordance with Annex III to Law 22/2011 of 28 July of contaminated waste and soil.

8. Information regarding the carriers involved in the shipment:

a) Social name or reason.

b) Address of the registered office: street, municipality, province, autonomous community, country.

c) NIF.

d) Contact details: telephone, fax, e-mail.

e) Registration number in the Production and Waste Management Registry2.

f) Environmental identification number (NIMA)2.

9. Other information:

a) Date of delivery of the waste.

b) Quantity received in kg.

c) Information dated on the acceptance or rejection of the waste.

(d) In case of rejection of the waste, if the return to the installation of origin is chosen, it will be indicated with the date of the new shipment.

e) Identification of the Producer's Extended Responsibility System which, if any, organizes the shipment.

10. Indicate whether the competent authority of the autonomous community with which the identification document refers to the competent authority of the autonomous community of origin of the shipment is chosen to be the competent authority of the autonomous community.

ANNEX II

Content of the move prior notification

1. Notification number1.

2. Type of notification:

a) Individual.

b) Multiple.

3. Expected date of first move.

4. Period covered by the notification.

5. Frequency with which the shipments will be performed.

6. Information relating to the transfer operator:

a) Social name or reason.

b) NIF.

c) Address: street, municipality, province, autonomous community, country.

d) Contact details: telephone, fax, e-mail.

e) The enrollment number in the Production and Waste Management record2.

f) Operator type3.

g) Environmental identification number (NIMA)2.

7. Information regarding the source of the move4:

(a) Information of the producer or holder of waste or the installation source of the shipment:

1. The name or social reason for the center or installation.

2. º NIF5.

3. Address: street, municipality, province, autonomous community, country.

4. Code of economic activities (CNAE).

5. º Registration number in the Production and Waste Management Registry2.

6. º Environmental Identification Number (NIMA)2 of the producer or installation center.

(b) Information of the undertaking authorised to carry out waste treatment operations, including storage, where the origin of the shipment is a waste treatment facility:

1. Name or Social Reason.

2. NIF.

3. Social address address: street, municipality, province, autonomous community, country.

4. Contact details: telephone, fax, e-mail.

5. º Registration number in the Production and Waste Management Registry2.

6. Environmental Identification Number (NIMA)2.

8. Information regarding the destination of the move:

a) Target installation information:

1. The name or social reason for the installation.

2. NIF of the installation authorization holder.

3. Address: street, municipality, province, autonomous community, country.

4. º Registration number in the Production and Waste Management Registry2.

5 th Environmental Identification Number (NIMA)2 of the treatment facility

6. Treatment operation to which the waste is to be subjected in accordance with Annexes I and II of Law 22/2011, of July 28, of contaminated waste and soils6.

b) Information of the approved company to perform waste treatment operations, including storage at the target facility:

1. Name or Social Reason.

2. Social address address: street, municipality, province, autonomous community, country.

3. NIF.

4. Contact details: telephone, fax, e-mail.

5. º Registration number in the Production and Waste Management Log2.

6. Environmental Identification Number (NIMA)2.

9. Information about the residue that is moved:

(a) Codification of the residue in accordance with the European Waste List (LER), as set out in Commission Decision 2000 /532/EC of 3 May 2000.

b) Description of the residue.

c) Total amount of waste to be transported in kg.

(d) In the case of hazardous waste, indication of the hazard characteristics, in accordance with Annex III to Law 22/2011, of 28 July.

10. Information regarding subsequent treatments, in case the target is a storage or buffer operation6:

a) Target installation information:

1. The name or social reason for the waste treatment facility including storage.

2. NIF of the installation authorization holder.

3. Address: street, municipality, province, autonomous community, country.

4. º Registration number in the Production and Waste Management Registry2.

5 th Environmental Identification Number (NIMA)2 of the treatment facility

6. The treatment operation to which the waste will be used, in accordance with Annexes I and II to Law 22/2011 of 28 July, of contaminated waste and soils5.

b) Information about the authorized company to perform waste treatment operations, including storage at the destination facility.

1. Name or Social Reason.

2. Address of the registered office: street, municipality, province, autonomous community, country.

3. NIF.

4. Contact details: telephone, fax, e-mail.

5. º Number of enrollment in the Production and Waste Management Log2.

6. Environmental Identification Number (NIMA)2.

11. Indicate whether the competent authority of the autonomous community before which the prior notification is submitted is chosen to refer the document to the competent authority of the autonomous community of destination of the shipment.

Explanatory notes:

1. Identification document No and No of prior notification: Mandatory data for shipments subject to the requirement of prior notification of shipment.

2. Mandatory data for natural or legal persons registered in the Waste Management and Production Register.

3. Type of operator in accordance with the provisions of Article 2 (a).

4. Information concerning the origin of the shipment: Where shipments relate to waste directly or indirectly collected by the local entity, the information relating to the origin shall be the data of the local entity.

5. NIF of the producer, holder or holder of the authorisation of the treatment facility.

6. Treatment operation: It shall be indicated by the coding assigned in the Register of Production and Waste Management.

7. If, at the time of completion of the prior notification of shipments, there are several possible alternatives, with respect to the final destination of the waste, the information of three possible destinations shall be incorporated.