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.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-3715

I the Convention of Basel of 22 of March of 1989 on the control of them movements cross-border of them waste dangerous and its elimination-«Convention of Basel» in forward-was the response of the community international to them problems generated by them movements cross-border of waste dangerous derivatives of the incessant increase of it production world of these waste.

The international treaty, ratified by a large number of countries, aims to basically control the movement of hazardous waste and preventing their illicit trade, recognizing that the most effective way of protecting human health and the environment from damage caused by waste is the reduction of his generation in quantity and dangerousness.

Them principles on which is inspires the Convention of Basel are it management adequate of them waste that reduce to the minimum them transfers, the treatment and elimination of them waste it more near possible of it source of his generation as well as the reduction and minimization of the generation of waste dangerous in its origin.

By Decision 93/98/EEC of the Council of 1 February 1993, authorized the signature on behalf of the then European Community of the Basel Convention. With the adoption of the Regulation (EEC) No. 259 / 93, of the Council, of 1 of February of 1993, relative to it surveillance and to the control of them transfers of waste in the inside, to the input and to the output of it Community European, is established standards so the system community of supervision and control of them movements of waste fulfilled them requirements of the Convention of Basel.

Regulation (EEC) No. 259/93 of the Council 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 ('the Community regulation' onwards), in order to adapt to the successive modifications of the Basel Convention.

This EU regulation seeks to ensure that waste which move within the community, as well as which are imported from third countries to the community, are managed so that during all transfer and when she is recovered or deleted in the destination country, does not endanger human health and not using processes or methods which may be harmful to the environment.

In regards to the exports to third countries from the community which are not prohibited, the Community regulations are intended to ensure that the management of the waste is carried out in environmentally correct manner during the transfer and including recovery or disposal in the third country of destination. For this is requires that the installation receiving of waste meets standards of protection of the health human and of the environment equivalent to the standards established in the legislation community.

The supervision and control of shipments of waste within a Member State, such as the Community regulation itself acknowledges in its descriptive part, is a matter that is up to the Member State concerned; However, as also is collects in the regulation, them regimes national of transfers of waste must have in has the need of maintain the coherence with the system community, in order ensure a high level of protection of the environment and of the health human in all the territory of the Union.

This is why article 33 of the Community regulation obliges each Member State to establish an appropriate regime of supervision and control of shipments of waste exclusively made within its jurisdiction. Such arrangements shall take into account the need to ensure coherence with the Community system established by titles II and VII of the Community regulation itself (which respectively regulate transfers within the community with or without transit by third countries and the additional provisions relating to the protection of the environment, inspections of establishments and enterprises as well as offences and sanctions).

II for give compliance to the mandate content in the cited article 33 of the regulation community, the law 22 / 2011, of 28 of July, of waste and soils contaminated, has established a regime legal for regular them transfers of them waste in the interior of the territory of the State, based in the principles of the right international and community.

Must point out is that not is this the first time that is addresses the matter in our ordering legal. The Royal Decree 833/1988, of July 20, which approves the regulations for the execution of law 20/1986, basic of toxic and dangerous waste, as regulated obligations relating to the shipment of waste, although confined to the then so-called "toxic and hazardous waste'-'hazardous waste' in the current terminology, in line with the Community legislation then in force : the Directive 84/631/EEC of the Council of 6 December 1984 on the supervision and control within the community of the transfrontier shipment of hazardous waste. The new rules contained in the present Royal Decree, on the contrary, shall apply, in the likeness of the provisions of the Community rules, to all waste, expanding in this way guarantees control and traceability.

In the Royal Decree 833/1988, of July 20, were already established three basic elements that make up the regime of the shipment of waste: firstly, the existence of a prior commitment between the waste producer and the Manager, ensuring that the transferred waste will be accepted and properly managed; Secondly, the need for that waste to be accompanied by an identification document constituting instrument for the monitoring of the waste from its origin to its final treatment and, thirdly, the obligation to notify shipments regulated in Royal Decree 833/1988, of July 20.

Law 10/1998, of April 21, waste included an article concerning the 'shipment of waste within the territory of the State", in which the grounds of opposition of the autonomous communities at the entrance and exit of residues of its territory are regulated. This article established that the Government would regulate transfers between regions.

Since that regulation not is led to out, in the practice them transfers of waste is have effected, from the year 1988 to the time current, of conformity with the Real Decree 833 / 1988, of 20 of July, while limiting its scope to them transfers of waste dangerous.

III the need to maintain the unity of market within the strict observance of the rules on protection of the environment, and respecting the principle of the free movement of goods - even though very nuanced when it comes to waste and especially if they are dangerous - advises the adoption of common criteria applicable to all transfers carried out in the territory of the State; criteria, should be highlighted, that they have been sued repeatedly by the autonomous communities, which are the competence of the monitoring and control of movements of waste in its territory. Law 22/2011, 28 July, in addition to compliance with the obligations arising from the right of the Union mentioned above, has laid the foundations for the determination of those guiding criteria of the transfers regime. Comes now, through the approval of this Royal Decree, the development of the same.

One of the issues which had given rise to doubts in the implementation of the Royal Decree 833/1988, of July 20, was that of the own field of application of the system of transfers, doubts that they extended to the same concept of 'transfer' and the difference between the transfer and transport of waste.

As well, this issue is addressed in article 25 of the law 22/2011, 28 July, which defines the shipment of waste in the interior of the State, following the definition of transfer offered by the Community regulation - as «transport of waste from an autonomous region to another, for its recovery or disposal». The scope of this legal regime, which will only be of compulsory application when waste is transported in an autonomous community to another and where the destination of waste recovery or disposal is limited in this way.

However, to ensure proper compliance with the provisions of article 33 of the Community regulation autonomous communities regulate movements of waste that are conducted exclusively within its territory, consistent with the regime established in this Decree.

IV the present Royal Decree has its foundation in the third final provision, paragraph 1 of law 22/2011, 28 July, which empowers the Government to issue the regulations necessary for the development and implementation of the same, and its purpose is to develop the provisions of article 25 of the law on the shipment of waste inside the territory of the State.

The standard is divided into three chapters: the first contains provisions of a general nature, the second the requirements common to all transfers and the third refers to the specific case of shipments that require that be made a prior notification to the competent bodies of the autonomous communities.


Chapter I begins with the determination of the object, scope, definitions and General requirements for transfers. With regard to the scope of application it is important to clarify that this Royal Decree is of application in the field of professional waste transport as it derives from article 26 of the Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and why repealing certain directives that it is reflected in article 29.2 of the law 22/2011, 28 July.

The scope of mentions expressly intended for recovery or disposal transfers «intermediate» terms defined in this chapter and which come from the Community regulation. This inclusion is crucial for the full understanding of the standard, since it allows to apply the legal regime of transfers to the movements of waste between the autonomous communities whose destination is a storage facility.

This storage linked to an installation authorized-installation different of that in which is produced them waste-should consider is, of compliance with the law 22 / 2011, of 28 of July, an operation of treatment-elimination D15 of the annex I or valuation R13 of the annex II.

In addition to the above definitions, it entered in this chapter of 'operator of the shuttle' as the natural or legal person who intended to move or make transferring waste to another autonomous community for his treatment. He operator will be, as rule general, the producer of the waste and, if involved in the transfer, the merchant, or the agent may be them operators of the transfer instead of the producer. Operator definition is important to the expected effects of administrative control of transfers and the application of the system of surveillance and punishment in law 22/2011, July 28. By this the real Decree incorporates a clause of closing that establishes that where all them people earlier are unknown is considered operator of the transfer the person physical or legal that is in possession of them waste. The Royal Decree provides an exception to the consideration of the producer as operator: case of collecting different producers, who are in the same vehicle, of waste that move only once to a storage facility or other type of installation located in another autonomous community; in this case contemplates the possibility is picker if the Installation Manager or authorized which act as operator and previously notified the transfer from each place of production to the warehouse. An example of this situation is the collection of industrial waste oils from repair shops located in one or several autonomous communities, which are temporarily a warehouse located in another autonomous community other than waiting for his transfer to a facility located in a third regeneration, in this case the transfer from each workshop to warehouse operator will be authorized picker.

Is include also them definitions of «document of identification», that accompanies e identifies to them waste in all type of transfer, and the «contract of treatment» that in terms General is the agreement between the operator and the recipient of the transfer that sets, at least, them specifications of them waste, them conditions of the transfer and the obligations of them parts when is submit incidents-equivalent to the called «document of acceptance» in the Real Decree 833 / 1988 , 20 July. The reason of this change of denomination is in the confusion that is has produced in the last between the «acceptance» as document that plasma the agreement between producer and Manager of them waste that guarantees that them waste will be treated properly and the «acceptance» as the made physical of admit in the plant of treatment them waste delivered by the carrier that has effected in transfer.

This first chapter also lists the General requirements for transfers. As already mentioned above, there are some common requirements for all transfers - the prior existence of a "contract of treatment', 'ID card' - and a third additional requirement, notification, only applicable to shipments of waste for disposal and shipments of mixed domestic waste, hazardous waste and the implementing regulations shall determine When intended, in three cases, for recovery.

This first chapter concludes with the referral to the regime of surveillance, inspection and sanction content in the title VII of the law 22 / 2011, from 28 of July.

He chapter II develops the requirements common to all those transfers, i.e. the «contract of treatment» and the «document of identification».

The treatment is one of the essential pieces of this legal regime. As it has been shown above it is equivalent to the so-called 'document of acceptance' of the Royal Decree 833/1988, of July 20. It is of a contractual nature juridico-privada document, signed between the transfer operator and the entity or company that made treatment, intermediate, either end. It also includes in the definition of the contract of treatment this can be signed between producers or holders of waste in the course of the operator being the manager that collects waste from different sources. In this contract shall stipulate, as a minimum, the estimated amount of waste that will be moving, identification through coding LER, the estimated timing of shipments, treatment which will submit waste, any other information that is relevant for the proper treatment of waste and the legal consequences of non-compliance of the transfer with the own treatment contract provisions.

The existence of this agreement, that is prior to the realization of any transfer and that, by rule general, will give coverage to all them transfers that is provides for perform in a given period of time, is a warranty of that them waste only is move if is intended to a plant of treatment in which will be treated; also said contract guarantees, in case of incidents or of breach of the same, the existence of a protocol of action agreed between the operator and the company that goes to receive them waste for its treatment. For those situations that may occur during a move which were not provided for in the contract of treatment, the Royal Decree refers to the Community regulation.

Not less is the importance of the 'identification document', named in the Royal Decree 833/1988, of July 20, 'control and monitoring document' ("DCS"). Its content, detailed in annex I, allows to know at all times the type of waste, its origin and destination, the transfer operator, carrier data and any other circumstance inherent in the movement of waste. Therefore has an essential role for proper traceability and to help authorities control, monitoring and inspection functions.

Finally this chapter regulates the course of rejection in residues in the treatment plant that have moved. This Royal Decree contemplates two possible situations: the return of the waste to the place of origin accompanied by the same document of identification, and storage of the residue on a temporary basis prior to shipment to another facility for treatment, accompanied by a new identification document. In the latter case requires to perform a transfer notification when residues are not returned to their place of origin but that move to another plant, in the autonomous community of destination, either in a different one.

Chapter III and finally develops the additional requirement of the 'prior notification' are subject to certain types of transfers, which, by the nature of the waste or the treatment that will be submitted, should be previously released knowledge of affected Governments, so they can, if there are reasons that justify it, oppose them.

In this way, any shipment of waste intended for disposal should be notified previously, since this type of treatment is the last place in the waste hierarchy, enshrined in article 8 of the law 22/2011, 28 July, and therefore the chance that values must provide to the Administration if there is an alternative to the transfer of waste to another region for disposal in accordance with the principles of self-sufficiency and proximity, also sitting in the law.

Also certain that, even waste destined for recovery are subject to prior notification, may have effects that must be analyzed by the authorities: it is of mixed household waste, the dangerous and those that are determined according to the rules.

The prior notification procedure has been designed bearing in mind the need to simplify and facilitate administrative formalities, the operators and so the term given to the administrations to demonstrate - ten days - is very short, and the administrative silence has positive character, so that if within that period there were no pronouncement operator may make the transfer.


In addition, and with the aim of simplification, expected that the operator can perform a general notice with a validity of three years for waste of similar physical and chemical characteristics that go to a same destination and installation.

Them reasons of opposition to them transfers is have collected entirely in this chapter for facilitate the work of application of the standard, avoiding them referrals in waterfall to the law 22 / 2011, of 28 of July, and to the regulation community, to which the law to its time is referred for determine such reasons of opposition. In application of law 20/2013, December 9, guarantee of the unity of market, may not be cause of opposition to the transfer that certain services are declared, in the territory of destination, public service of article 14.6 of the law 22/2011, July 28.

It part end of it standard is integrated by two provisions additional, an available transient that allows that is continue using them documents existing insofar as not are available them formats adapted to the new regulation, and a provision repealing that repeals expressly certain articles of the Real Decree 833 / 1988, of 20 of July, and four provisions late on modification of the annex VIII of the law 22 / 2011 , 28 July, competence, authorization for the updating of the annexes and entry into force.

The first additional provision establishes that the procedures provided for in the same shall be made by electronic means. For this purpose, it is intended that all transfer documents are available in electronic format and for the entire territory of the State. These documents is put in place to the situations envisaged in this Royal Decree.

By the second additional provision regulates the movements of waste inside the territory of the autonomous communities to be established his own regime of surveillance and control of movements of waste performed solely within their territory. The purpose of this provision is to complete the regulation of all movements of waste carried out in the territory inside national - and not only that occur between regions - thus ensuring complete and proper compliance with article 33 of Regulation (EC) No. 1013 / 2006 of the European Parliament and of the Council of 14 June 2006 , relative to them transfers of waste, according to which the States members should regular them transfers within their jurisdiction.

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

The available additional fourth regulates them transfers of waste between communities autonomous, when there is a country of transit belonging to the Union European and when the country of transit is a third country, with regard to them skills relating to them authorizations and procedures in accordance with the Regulation (CE) No. 1013 / 2006 of the Parliament European and of the Council, of 14 of June of 2006.

The first final provision introduces a modification of paragraph f) of annex VIII of the law 22/2011, of 28 July, on the content of the communication of producers and waste managers, in order to adapt it to the new name of the document of acceptance, that under this Royal Decree renamed contract treatment.

Although the third final disposition of law 22/2011, of 28 July, establishes that «the updating and amendment of the annexes of this Act, be held by order of the Minister of agriculture, food and environment», reasons of legal certainty have led to the option of making this slight modification through this standard.

Competence qualifications in which this Royal Decree is based are article 149.1.13. ª of the Constitution, which attributes to the State the exclusive competence on the bases and coordination of the general planning of economic activity, and article 149.1.23. ª, which attributes to the State the exclusive competence in basic legislation on protection of the environment, without prejudice to the powers of the autonomous communities to establish additional standards of protection.

On the first of them titles competence mentioned must point out is that them transfers of waste have a great importance in the economy. The residues are goods - even though it is true that as such presented some singularities - so they are subject to the rules of free movement and the principle of unity of market. The regulation of the transfers of waste, therefore, must substantiate is in this title. Now as goods with specific characteristics should be also subject to the rules on protection of the environment, it is also essential to mention the competence title of article 149.1.23. ª of the Constitution.

They are two annexes which accompany the Royal Decree: one concerning the identification document and other content of the notification of transfer.

The measures contained in this Royal Decree are part of the actions foreseen in the Commission for the reform of the administrations public (CORA) aimed at the reduction of administrative burden and simplification of procedures.

The autonomous communities and cities of Ceuta and Melilla, and the most representative sectors potentially affected been consulted in the elaboration of this Royal Decree. It has also undergone to the Council Adviser of the environment, the Commission of coordination in the field of waste and the procedure of public participation in accordance with the provisions of law 27/2006, of July 18, which regulates the rights of access to information, public participation and access to justice in environmental matters.

By virtue, on the proposal of the Minister of agriculture, food and environment, with the prior approval of the Minister of finance and public administration, in accordance with the Council of State and after deliberation by the Council of Ministers, at its meeting of March 13, 2015, HAVE: CHAPTER I General provisions article 1. Object and scope of application.

1. the present Royal Decree aims to develop the status of the shipment of waste carried out in the interior of the territory of the State, regulated in article 25 of the law 22/2011, of July 28, of waste and contaminated soils.

2. this Royal Decree applies to shipments of waste between autonomous communities for its recovery or disposal, including shipments that occur at facilities that perform intermediate recovery or disposal operations.

Article 2. Definitions.

Besides the definitions in law 22/2011, July 28, for the purposes of this Royal Decree shall mean: to) 'Transport operator': the person or entity that you intend to move or do move waste for treatment, and who has the obligation to notify the transfer. The operator is one of the natural or legal persons from the following list, chosen according to the order established in it: 1 the producer of the waste in accordance with the definition in article 3.i) law 22/2011, 28 July, General and provided that the origin of the transfer is the place of production of the waste.

2. the Manager of store or treatment, in the case of collected waste from different producers or holders in a unique vehicle and move to a store or to a waste treatment facility.

3rd the Manager of the store, in the event that the transfer is made from a warehouse authorized.

4th the businessman, referred to in the definition in article 3.k) of law 22/2011, 28 July.

Agent 5, provided for in article 3.l) of law 22/2011, 28 July, authorized in writing by the third which tasked with the management of waste.

6 the holder of the waste, in cases in which the above subjects are unknown.

The royal decrees governing the specific waste streams may determine who is the operator of the transfer in each case.

(b) ' transfer consignee': the entity or company that will perform the treatment of waste in the installation destination.

(c) «storage»: the operations R13 and D15 of those annexes I and II of the law 22 / 2011, of 28 of July.

(d) ' intermediate treatment': operations R12, D13 and D14 of annexes I and II of the Act 22/2011, July 28.

(e) «origin of transfer»: the place from which starts the transfer of waste.

(f) «the transfer destination»: the place where ends the shipment of waste.

(g) ' identification document': document that identifies and accompanies the residue during its transfer. Its content shall be laid down in annex I.


(h) "waste treatment contract': the agreement between the operator and the recipient of the transfer which States, at least, waste specifications, conditions of the transfer and the obligations of the parties when incidents arise. In the case of transfers provided for in item 2.a). 2nd, which provides waste resulting from different backgrounds, to pick up the treatment contract will be established between the producer or holder of the waste and the Manager of the facility of destination.

In them cases in that the standard of a given flow of waste, so it set, them systems of responsibility expanded of the producer that organize the management of them waste, may be that sign the contract of treatment.

Article 3. Requirements General of those transfers.

((1. are requirements applicable to all them transfers of waste regulated in this Royal Decree, the following: to) have with character prior to the home of a transfer of a contract of treatment according to is sets in the article 2.h). For waste that move between two treatment facilities that are managed by the same legal entity, this contract may be replaced by a declaration by the entity in question, comprising at least the content specified in article 5.

(b) that waste will accompanied by an identification document from the source to its reception at the destination facility.

2 in addition to the requirements set forth in the preceding paragraph, shall be subject to the requirement of prior notification to the transfer: to) shipments of hazardous waste;

(b) the transfer of waste destined to elimination;

(c) shipments of waste destined for incineration facilities classified as recovery, as envisaged in the operation R1 of annex II of law 22/2011, July 28, in relation to the compliance of the formula of energy efficiency;

(d) shipments which are intended for valorisation of identified with the code LER 20 03 01 mixed household waste and waste according to the rules established.

(3. are excluded of the requirement of notification prior: to) them transfers of waste not dangerous indicated in them paragraphs c and of of the point 2, destined to recovery, if the amount of waste transferred not exceeds them 20 kg.

(b) shipments of waste destined for laboratory analysis to assess its physical or chemical characteristics or to determine its suitability for recovery or disposal operations. The amount of such waste, except when are expressly intended to analysis of laboratory, is will determine depending on the quantity minimum that is reasonably necessary for do the analysis in each case, and not exceed them 25 kg.

Article 4. Surveillance, control, inspection and penalties.

Monitoring, control and inspection of the shipment of waste, as well as sanctioning of infringements of the provisions of this Royal Decree shall be carried out in accordance with the provisions of title VII of the Act 22/2011, July 28.

CHAPTER II requirements common to all transfers article 5. Content of the contract of treatment of waste.

Waste treatment contract shall contain, at least, the following aspects: to) estimated amount of waste that will be moving.

(b) identification of those residues through its encoding LER.

(c) estimated frequency of transfers.

(d) any other information that is relevant for the proper treatment of waste.

e) treatment which are to submit waste, in accordance with annexes I and II of the Act 22/2011, July 28.

(f) obligations of the parties in relation to the possibility of rejection of them waste from the recipient.

Article 6. Document of identification.

1. before to start a shipment of waste operator shall provide the document of identification, with the content of annex I, which shall deliver to the carrier for the identification of waste during shipment. Identification documents will be consistent with the forecasts of the treatment contract.

2. once made the move, the carrier will deliver identification document to the consignee of the waste. Both the carrier and the recipient will incorporate the information into your chronological file and keep a copy of the identification document signed by the addressee indicating the delivery of waste.

3. the recipient shall have within thirty days from the receipt of the waste to carry out the necessary checks and to send to the operator identification document, indicating the acceptance or rejection of waste, in accordance with the provisions of the treatment contract. The identification document received by the operator will allow the documentary accreditation of the delivery of waste referred to in article 17 of the law 22/2011, 28 July.

4. in the case of waste subject to prior notification, the recipient of the shipment of waste shall be sent, within the period of thirty days from the delivery of the waste, the identification document to the competent body of the autonomous community of origin and destination, for the purposes of control, monitoring, inspection and statistics, except in the case of application of paragraph 8.

5. in the case of shipments of waste not subject to the prior notification procedure may be the function of identification document a delivery note, invoice or other documentation referred to in the legislation as a letter from porte or control document, whenever you collect information from Annex I concerning the content of the document of identification.

6 documentary accreditation of the full treatment of the waste by the merchant to the natural or legal person who handed him the waste referred to in article 20.3 second paragraph of the law 22/2011, from July 28, it will perform the merchant providing: to) the document of identification with the acceptance of the waste by the consignee. Within the period of thirty days since the merchant received the document of identification with the acceptance of the waste, or b) a statement of delivery of waste to an authorized manager and acceptance by saying Manager authorizedto their full treatment, when the merchant agreed with the physical or legal person delivered the waste. The Declaration of delivery may be for a transfer or several transfers, relating to a maximum period of one year. This statement will be delivered within the period of thirty days since the merchant received the document ID for the transfer with the acceptance of the waste, or within thirty days since the identification document of the last transfer with the acceptance of the waste, in the case of statements for several shipments are received.

The merchant, in the case of non-hazardous waste, may exclude from the declaration information of point 6 of annex I, concerning the fate of the residue, except for the operation of treatment which has been tested according the residue and environmental (NIMA) ID of the destination installation. When in the above statements be omitted the data provided for in the preceding paragraph, the merchant will present a memory summary of the information contained in the file chronological to regions of origin and destination of shipments, provided for in article 41 of the law 22/2011, July 28, for the purposes of control, monitoring, inspection and statistics.

In any case, the merchant will keep the identification documents of shipments made at the disposal of the competent authorities during the period of three years provided for in article 40 of the law 22/2011, 28 July.

7. in the case of waste managed by the entities local of way direct or indirect, the operator may issue a document of identification for several transfers with a force maximum of a year, whenever coincide them types of waste, as well as the origin and the destination of the transfer. This document must modify is when change any of the circumstances mentioned above. Each vehicle will have of its own document of identification. The information relative to the quantities of waste that is moved is will incorporate to the document of identification when them waste is weighing in each an of them deliveries to the installation of destination. These documents of identification is sent annually by the installation of destination to the communities autonomous of origin and destination.

8. in the case of shipments of waste that is established by law, with the rules governing these residues will determine in which cases can make the function of identification document any commercial document, as a delivery note, invoice or other documentation provided for in the applicable legislation.

Article 7. Rejection of waste.

1 made the transfer, if the waste are not accepted by the addressee, this will send the transfer operator identification document indicating non-acceptance of the waste and, in accordance with the contract of treatment, may opt for: to) return the waste to the place of origin accompanied by identification 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 transfer.


2 when the transfers are subject to the procedure of prior notification, in the case of paragraph 1b), operator of the initial transfer shall submit to the autonomous communities of origin and destination a new corresponding to the new transfer notification. En_el_caso_de paragraphs 1 a) and b) the initial transfer operator shall refer to communities of origin and destination identification document.

CHAPTER III article 8 specific requirements. Notice of transfer.

1. operators of the transfers referred to in article 3(2) shall submit before the competent body of the autonomous community of origin and destination a notice with the content specified in annex II at least ten days before the transfer is carried out.

The notification can serve for multiple transfers whenever waste have similar physical and chemical characteristics, and waste to be transferred to the same consignee and the same installation. This notification is referred to as general notice, and shall be filed, at least ten days prior to the first transfer and will have a maximum term of three years.

2 a new notice must be performed when it has moved the notified amount of waste, when there is some change in the aspects referred to in paragraph 1, or expiry of the period of validity provided.

3. where residues have as destination an intermediate treatment facility in the prior notification should include possible treatment plants that waste, will finally go up to a maximum of three. The operator shall provide this information unless, for reasons of confidentiality, the intermediate installation manager chooses to incorporate such information itself in the notification, in which case the notification shall be sent by the operator to the intermediate Installation Manager, and by this to the autonomous communities of origin and destination.

4. the operator may make the transfer if, within ten days after the filing of the notice the competent bodies of the autonomous communities of origin and destination had not requested information or documentation, correction of errors, or have not expressed their opposition to the transfer, in accordance with the provisions of the following article.

Article 9. Opposition to the transfer.

1. within a maximum period of ten days from the date of filing of the notice of transfer, the competent body of the autonomous communities of origin and destination may object to the transfer, alleging any of the causes provided for in article 25 of the law 22/2011, July 28, and carried out in the following paragraphs 2 and 3 motivating this decision.

Within ten days will be interrupted if the administrations request information, documentation or correction of errors, with the expected impacts in article 71 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure. Applicant administration shall inform the competent authority of the other affected autonomous community about it.

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

2 the authority of the autonomous communities may object to shipments of waste intended for disposal when: to) transfer or disposal referred to do not conform to the national provisions in force on the protection of the environment, public order, public safety or health protection.

(b) the transfer or disposal referred to do not conform to the provisions of law 22/2011, 28 July, especially in its article 9, concerning the principle of proximity and self-sufficiency, and in article 14, on plans and programmes for management of waste, taking into account geographical circumstances or the need for specialized facilities for certain types of waste because : 1 the installation of the national integrated network of disposal facilities, provided for in article 9 of the law 22/2011, July 28, is the nearest to the place where the waste was generated.

2nd residue must be disposed of in a specialized facility, and at this facility have to eliminate waste from a nearest source and the competent authority has given priority to this waste.

3rd transfers, occur, would not be adjusted to waste management plans.

(c) the waste will be treated in the facilities referred to in law 16/2002, of July 1, Integrated Pollution Control and prevention, but that do not apply best available techniques defined in article 3.15 this Act, in accordance with the integrated environmental authorisation that is available to the installation.

(d) the case of mixed domestic waste from households.

3 the competent authority of the autonomous communities may object to shipments of waste destined for recovery of waste listed in article 3.2 paragraphs to), c) and (d)), when: to) transfer or recovery referred to do not conform to the provisions of the law 22/2011, on 28 July, in particular to article 7 on the protection of human health and the environment Article 8 on the waste hierarchy, to article 14 on plans and programmes of waste management, and article 27 on authorization of the waste recovery operations.

(b) the transfer or recovery provided do not conform to national legal and regulatory provisions on the protection of environment, public order, public safety or health protection.

(c) the residues in question are not treaties in accordance with plans made under article 14 waste management plans and programmes of waste management of law 22/2011, 28 July, in order to ensure the fulfilment of the objectives set in terms of recovery or recycling in community and national legislation.

((d) also, in the case of waste municipal destined to facilities of incineration classified as valuation, in accordance with the article 3.2. c) may claim is as cause of opposition: 1 that them transfers, in case of produce is, would have as consequence that them waste produced in the community autonomous of destination had that be deleted.

2nd that them transfers, in case of produce is, would have as consequence that the waste of the community autonomous of destination had that be treated so not out compatible with their plans of management of waste.

4. where they are produced of waste shipments to intermediate treatment facilities, the competent bodies of the autonomous communities of origin and destination will appreciate their possible opposition to the move on the grounds set out in paragraphs 2 and 3 of this article, in relation to the operations and intermediate treatment facilities, as well as in relation to the operations and subsequent treatment facilities.

5. decisions adopted by the autonomous communities in implementation of paragraphs 2 and 3 will be motivated, notified to the Commission of coordination in the field of waste, and shall not be contrary to the National Plan for waste management framework.

The Commission for coordination in the field of waste will pay special attention to consistent throughout the national territory of the grounds of opposition to the transfer interpretation and application and, where appropriate, propose the adoption of agreements that guarantee this objective.

6. the opposition to the transfer of the competent organ may be appealed in the terms foreseen in law 30/1992, of 26 November.

First additional provision. Electronic processing.

The procedures covered in this Royal Decree shall be electronically within a maximum period of one year since its entry into force, by documents standardized for the entire territory of the State which will be available on the websites or electronic venues of the competent public administrations. The format of documents is suit to the contents provided in this Royal Decree.

Communication of electronic documents subject to this Royal Decree before the competent bodies of the autonomous communities may be made by the persons or entities for the electronic filing of documents on behalf of third parties, in the terms established in the Royal Decree 1671 / 2009, dated November 6, whereby the law 11/2007, of 22 June is partially developed , electronic access of citizens to public services.

Second additional provision. Movements of waste inside of an autonomous community.

To ensure proper compliance with the provisions 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 autonomous communities shall establish an appropriate regime of surveillance and control of movements of waste only performed within their territory within a maximum period of one year from the entry into force of this Royal Decree, either may elect to apply directly in its territory this Royal Decree. The autonomous communities shall inform the Coordinating Commission on the regime of surveillance and control waste that they established in their territory.


This regime must take into account the consistency with the transfers regime established in this Decree. In particular, the regime applicable to the movements of waste inside of an autonomous community shall include, at least, the requirement for all movements of waste: an identification document accompanying these, a waste treatment contract, as well as a prior notice in the case of article 3.2 of the present Royal Decree for the purposes of the opposition to his treatment in the autonomous community when it lacks adequate in its territory facilities or an alternative solution to their treatment in the same been foreseen in their waste plans.

Third additional provision. Emergency situations.

Urgent shipments of waste motivated by reasons of force majeure, accidents, spills, or other emergencies, shall be exempt from the requirements of this Royal Decree. The operators of these transfers shall inform of its realization as soon as possible to them communities autonomous affected and, in all case, immediately after their realization.

Fourth additional provision. Shipments of waste with transit through another country.

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

2 the competencies for the authorization and processing of these transfers correspond to the competent Ministry in the field of environment, in application of article 12.3. c) law 22/2011, from July 28, when the country of transit does not belong to the European Union, and correspond to the autonomous communities, in application of article 12.4. d) of law 22/2011 , from July 28, when the transit country belong to the European Union.

Sole transitional provision. Regime transition.

1. the competent public administrations adapted the procedure and the documents of transfer as provided in this Royal Decree within the period of one year after its entry into force. Insofar as this adaptation occurs will continue to be used the existing transfer documents, which shall be available on the web pages of the competent public administrations.

2. Notwithstanding provisions of article 8.1, the operators may choose to send the notice, only to the competent authority of the autonomous region of origin, if so they indicate in the notice. However as provided for in article 6(4), the recipients of the shipment of waste, may choose to send identification document only to the competent authority of the autonomous region of destination.

In these cases, the receiving authority will send documents electronically to the other autonomous community within the period of three days and, for the purposes of the computation of time limits provided for in article 8, the date of receipt of the notice by the authority of destination notify operator.

3 insofar as no carry out electronic processing provided for in the first additional provision, the time limits laid down in article 8 will be calculated from the date of receipt of the notice by the competent bodies of the autonomous communities of origin and destination; When reception dates do not coincide, the period will be calculated from the later. For this purpose, the competent bodies of the autonomous communities shall send an acknowledgement of receipt the operator that will be the date of receipt.

(4. insofar as not is modify them real decrees of flows specific of waste, in those waste in that them systems of responsibility extended of the producer were subscribing contracts of treatment, may continue doing it for the compliance of the article 3.1. to), until is include forecasts specific on this issue in them real decrees of them flows of waste.

Sole repeal provision. Repeal legislation.

Shall be repealed all those provisions that are opposed, contradict or are inconsistent with the provisions of this Royal Decree, and in particular the following articles of the regulation for the execution of law 20/1986, basic of toxic and hazardous waste, approved by Royal Decree 833/1988, of July 20: 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 and additional provision second additional provision.

First final provision. Modification of annex VIII of the law 22/2011, of 28 July, waste and contaminated soils.

(F)) of annex VIII of the law 22/2011, July 28, of waste and contaminated soils, is worded as follows: 'f) operations of treatment laid down for residues, the contract of Manager of waste treatment, when available, or failing that statement responsible for the producer in which have stated their commitment to hold the corresponding treatment contract with Manager.'

Second final provision. Competence titles.

This Royal Decree has the character of basic legislation in accordance with the provisions of article 149.1.13. ª of the Spanish Constitution, which attributes to the State competition on bases and coordination of the general planning of economic activity, and in article 149.1.23. ª of the Constitution, which attributes to the State the basic legislation on protection of the environment.

Third final provision. Authorization for the updating of the annexes.

The Minister of agriculture, food and environment, is authorized to update the annexes of this Royal Decree by ministerial order.

Fourth final provision. Entry into force.

This Royal Decree shall enter into force within a period of one month after its publication in the «Official Gazette».

Given in Madrid, on March 13, 2015.

PHILIP R.

The Minister of agriculture, food and environment, ISABEL GARCÍA TEJERINA ANNEX I contents of the document of identification 1. Identificacion1 document number.

2. number of notification previa1.

3 start date of the transfer.

4 information concerning the transfer operator: a) name or business name.

(b) TAX.

(c) address: Street, town, province, region, country.

(d) contact details: telephone, fax, email.

(e) number of registration in the register of production and management of Residuos2.

(f) type of operador3.

(g) environmental (NIMA) ID number 2.

5 information concerning the origin of the traslado4: to) information of the producer Centre or holder of waste or the origin of the transfer installation: 1 name or business name of the Center or installation.

2ND NIF5.

3rd address: Street, town, province, region, country.

4th number of registration in the register of production and management of Residuos2.

5 environmental identification (NIMA) number 2 of the producer Center or facility.

6 code of economic activities (CNAE).

(b) information of the authorized company for operation of waste treatment, including storage, where the origin of the transfer is a waste treatment installation: 1 name or company name.

2ND NIF.

3rd address: Street, town, province, region, country.

4th contact details: telephone, fax, e-mail.

5 number of registration in the register of production and management of Residuos2.

6 environmental identification (NIMA) number 2.

6 information concerning the destination of the transfer: to) destination information of the installation: 1 name or business name of the installation.

2. tax ID of the holder of the authorization.

3rd address: Street, town, province, region, country.

4th number of registration in the register of production and management of Residuos2.

5 environmental identification (NIMA) number 2 of the treatment.

6 processing operation which are going to be waste in accordance with annexes I and II of the Act 22/2011, 28 July, waste and soil contaminados6.

(b) information of the authorized company for operation of waste treatment, including storage on the target installation: 1 name or company name.

2ND NIF.

3rd address of registered office: Street, town, province, region, country.

4th contact details: telephone, fax, e-mail.

5 number of registration in the register of production and management of residuos2.

6 environmental identification (NIMA) number 2.

7 characteristics of the residue that moves: to) code of the waste according to the European list of waste (LER), established in Decision 2000/532/EC of 3 May 2000 Commission.

(b) description of the residue.

(c) amount of waste transported in Kg.

(d) in the case of hazardous waste, indication of the characteristics of dangerousness in accordance with annex III of the law 22/2011, of 28 July, waste and contaminated soils.

8 information concerning carriers involved in the transfer: to) name or business name.

(b) address registered office: Street, town, province, region, country.

(c) TAX.

(d) contact details: telephone, fax, e-mail.

(e) number of registration in the register of production and management of Residuos2.


(f) environmental (NIMA) ID number 2.

9 other information: to) date of delivery of the waste.

b) amount received in kg.

(c) information dated on the acceptance or the rejection of the waste.

(d) in the case of rejection of waste, if you choose to return to the installation of origin, should be given with the new move date.

(e) identification of the system of responsibility extended from the producer which, in his case, organizes the transfer.

10. indicate if you choose to be the competent authority of the autonomous region which presents the identification document which forward this document to the competent authority of the autonomous region of origin of the transfer.

ANNEX II content of the notice of transfer 1. Number of notificacion1.

2 notification type: a) Individual.

(b) multiple.

3. scheduled date for the first shuttle.

4. period that covers the notification.

5. frequency with which transfers will be carried out.

6 information concerning the transfer operator: a) name or business name.

(b) TAX.

(c) address: Street, town, province, region, country.

(d) contact details: telephone, fax, email.

(e) number of registration in the register of production and management of Residuos2.

(f) type of operador3.

(g) environmental (NIMA) ID number 2.

7 information concerning the origin of the traslado4: to) information of the producer Centre or holder of waste or the origin of the transfer installation: 1 name or business name of the Center or installation.

2ND NIF5.

3rd address: Street, town, province, region, country.

4th code of economic activities (CNAE).

5 number of registration in the register of production and management of Residuos2.

6 environmental identification (NIMA) number 2 of the producer Center or facility.

(b) information of the authorized company for operation of waste treatment, including storage, in the event that the origin of the transfer is a waste treatment facility: 1 name or company name.

2ND NIF.

3rd address registered office: Street, town, province, region, country.

4th contact details: telephone, fax, e-mail.

5 number of registration in the register of production and management of Residuos2.

6 environmental identification (NIMA) number 2.

8 information concerning the destination of the transfer: to) destination information of the installation: 1 name or business name of the installation.

2nd NIF of the holder of the authorization of the installation.

3rd address: Street, town, province, region, country.

4th number of registration in the register of production and management of Residuos2.

5 environmental identification (NIMA) number 2 of the installation of treatment 6 processing operation which are going to be waste in accordance with annexes I and II of the Act 22/2011, of 28 July, waste and soil contaminados6.

(b) information of the authorized company for operation of waste treatment, including storage on the target installation: 1 name or company name.

2nd address registered office: Street, town, province, region, country.

3RD NIF.

4th contact details: telephone, fax, e-mail.

5 number of registration in the register of production and management of residuos2.

6 environmental identification (NIMA) number 2.

9 information on the residue that moves: to) coding of the waste according to the European list of waste (LER), established in Decision 2000/532/EC of 3 May 2000 Commission.

(b) description of the residue.

(c) total quantity of waste which is expected to transport in kg.

(d) in the case of hazardous waste, indication of the characteristics of dangerousness, in accordance with annex III of the law 22/2011, July 28.

10 information concerning the subsequent treatments, where the destination is a storage or treatment intermedio6 operation: to) destination information of the installation: 1 name or business name of the installation of waste treatment including storage.

2nd NIF of the holder of the authorization of the installation.

3rd address: Street, town, province, region, country.

4th number of registration in the register of production and management of Residuos2.

5 environmental identification (NIMA) number 2 of the installation of treatment 6 processing operation that is bring the residue, in accordance with annexes I and II of the Act 22/2011, of 28 July, waste and soil contaminados5.

(b) information on the authorized company for operation of waste treatment, including storage at the destination facility.

1 name or company name.

2nd address of the address social: Street, town, province, community autonomous, country.

3RD NIF.

4th data of contact: telephone, fax, e-mail.

5 number of of inscription in the registry of production and management of residuos2.

6 environmental identification (NIMA) number 2.

11. indicate if you choose to be the competent authority of the autonomous region which arises prior notification, which forward this document to the competent authority of the autonomous region of destination of the transfer.

Explanatory notes: 1. number of identification document and notice No.: data required for shipments subject to the requirement of prior notification of transfer.

2. data required for natural or legal persons registered in the register of production and management of waste.

(3 type of operator as laid down in article 2.a).

4 information concerning the origin of the transfer: when movements relating to waste collected directly or indirectly by the local authority, information concerning the origin will be the local authority data.

5 NIF producer, the patentee or the holder of the authorization of the treatment.

6. operation of treatment: indicate with coding assigned in the registration of production and management of waste.

7. in the event that at the time of completing the prior notification of transfers exist several possible alternatives, with respect to the final destination of the waste, will be incorporated information from three possible destinations at most.