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Real Decree 183 / 2015, Of 13 Of March, By Which Is Modifies The Regulation Of Development Partial Of The Law 26 / 2007, Of 23 Of October, Of Responsibility Environmental, Approved By The Royal Decree 2090 / 2008, Of 22 Of December.

Original Language Title: Real Decreto 183/2015, de 13 de marzo, por el que se modifica el Reglamento de desarrollo parcial de la Ley 26/2007, de 23 de octubre, de Responsabilidad Medioambiental, aprobado por el Real Decreto 2090/2008, de 22 de diciembre.

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TEXT

I

As set out in Article 45 of the Spanish Constitution, all citizens have the right to enjoy a suitable environment for the development of the person, as well as the duty to preserve it. The same Article states that for those who do not comply with the obligation to use natural resources rationally and to preserve nature, criminal sanctions or, where appropriate, administrative sanctions, as well as the obligation to repair, shall be established. the damage caused.

Despite the existence of different legal norms whose objective is to prevent the occurrence of accidents with consequences for the environment, the need to have an environmental legislation concerning the an environmental liability system, which would enable environmental damage to be effectively prevented and, in the event of occurrence, ensure the repair of environmental damage.

This need is in response to Directive 2004 /35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability in relation to the prevention and repair of environmental damage, which it established for the first time a common framework, minimum mandatory content, for the prevention and repair of environmental damage in the Member States.

Law 26/2007, of 23 October, of Environmental Liability, which incorporated this directive into national law, establishes a new administrative regime for the repair of environmental damage under which operators who cause damage to the environment or threaten to cause damage to the environment, must take the necessary measures to prevent or prevent their causation or, where the damage has occurred, to return damaged natural resources to the state in which they are were before the cause of the damage. It is also established that the operators of the activities listed in Annex III thereto must have a financial guarantee which enables them to face the environmental liability inherent in the activity or activities they intend to carry out. develop.

Article 24 of the aforementioned Law provided that the Government established the technical criteria to assess the intensity and extent of the environmental damage and determine the method to ensure a homogeneous assessment. the risk scenarios and the repair costs associated with each of them, ensuring a uniform delimitation of the definition of the hedges that are necessary for each activity or installation. The fixing of the coverage of such financial guarantees required an efficient and homogeneous method of calculation, which would not create distortions in the functioning of the internal market and would allow a precise definition and a minimum degree of certainty. the economic amount of the environmental risk to which an operator is exposed in the development of its economic and professional activities.

In relation to both questions, the final provision of Law 26/2007, of 23 October, empowers the Government, after consulting the Autonomous Communities, to issue the provisions in its field of competence. necessary for the development and implementation of Chapter IV of the Act concerning the legal status of financial guarantees and of the Annexes to the Law, including Annex I, on criteria for determining the significance of the damage in the wild or in the habitats, Annex II, on the repair of environmental damage and the Annex VI on information to be provided by public administrations to the Ministry of Agriculture, Food and the Environment on environmental liability.

Making use of this enablement, the Government approved Royal Decree 2090/2008, of 22 December, approving the Regulation of partial development of Law 26/2007, of October 23, of Environmental Responsibility, which Among other issues, the Commission created the Technical Commission for the Prevention and Repair of Environmental Damage, established the methodological framework for determining environmental damage and, according to its scope, to determine the necessary repair measures in each case, and regulate the essential questions of the compulsory financial guarantee, such as are the determination of their value, the modalities of the amount-the guarantee, the technical reserve and the insurance policy-as well as the verification of the environmental risk analysis and the minimum requirements of the verifiers.

II

Article 28 of Law 26/2007, of 23 October, in paragraphs (a) and (b), exempted certain operators from the obligation to provide financial collateral, depending on the cost of the repair of the damage they may have. cause, while obliging all operators listed in Annex III, to carry out an environmental risk analysis with the associated associated costs.

The experience acquired during the first years of validity of this new regime of environmental responsibility has shown that the requirement to provide financial guarantee to all the operators of Annex III of the Without further exemptions than those provided for in Article 28, it was somewhat disproportionate in view of the fact that not all the operators listed in Annex III have the same hazard and accident rates.

Taking into account, both the important weight that this standard gives to preventive aspects, and the obligation for operators included in Annex III to repair the environmental damage with an objective and unlimited nature. could be caused as a result of their activities, it was considered appropriate to exempt from the obligation to provide financial collateral to operators whose activities they present at low risk of environmental damage, The principles of objective and unlimited liability remain committed Chair the Environmental Liability Act.

For these reasons, through Article 32 of Royal Decree-Law 8/2011 of 1 July 2011, of measures to support mortgage debtors, control of public expenditure and the cancellation of debts with companies and self-employed workers (d) local authorities, encouraging the business activity and promoting rehabilitation and administrative simplification, have amended paragraph d) to Article 28 of Law 26/2007 of 23 October on Environmental Liability, to provide for the the possibility of exempting, by way of regulation, the obligation to provide financial collateral mandatory, to certain activities originally included within the scope of the law.

Subsequently, through Law 11/2014 of 3 July, amending Law 26/2007, of October 23, of Environmental Responsibility, an amendment has been introduced in the new paragraph (d) of Article 28 of the law, on exemptions from the obligation to set up a compulsory financial guarantee, with the aim of establishing the criteria on the basis of which such exemptions may be made, so that operators of the activities which are establish regulations on the basis of their limited potential for environmental damage and on the level of accidents, they shall be exempt from compulsory financial guarantee, and shall be exempt from making the communication thereof, as provided for in Article 24 (3) of the law.

From another perspective, and to abundate the preventive aspects of the law, it is established that the operators who choose to constitute their financial guarantee for the maximum coverage provided in the Law-20,000,000 euros-have to carry out, compulsorily, an analysis of the environmental risks of its activity, and communicate its constitution to the competent authority in accordance with the procedure laid down in Article 24.3.

III

It should be recalled that Directive 2004 /35/EC of 21 April 2004 provides that Member States should take measures to encourage operators to use appropriate insurance or other forms of financial collateral and for to promote the development of financial collateral instruments and markets. In particular, Article 14.1 of the Directive provides that Member States shall take measures to encourage the development of markets and financial guarantee instruments by the relevant economic and financial operators, including financial mechanisms in the event of insolvency, in order to allow operators to rely on financial guarantees to deal with their liabilities.

However, the Directive did not establish a system of mandatory financial guarantees for operators of the activities of Annex III, leaving it to the discretion of the Member States.

Article 14 (2) of the Directive also provided that, before 30 April 2010, the Commission was to present a report on the effectiveness of the Directive in relation to the actual repair of environmental damage, on the offer at a reasonable cost and on the conditions of insurance and other types of financial guarantee for the activities listed in Annex III, and if appropriate, make proposals for a system of compulsory financial collateral harmonised.

The European Commission published in October 2010 this report, in which it concludes that due to the lack of practical experience in the implementation of the Directive, the Commission has not yet sufficiently justified the introduction of a harmonised system of mandatory financial collateral.

This report further notes that, in order to facilitate their implementation, all mandatory financial guarantee schemes should have recourse to a gradual implementation, set maximum ceilings for financial guarantees, and exclude low-risk activities.

The recommendation of the European Commission's report to use a gradual implementation in the implementation of the system of compulsory financial guarantees, responded to the Order ARM/1783/2011 of 22 June, for which the establishes the order of priority and the timetable for the approval of the ministerial orders from which the constitution of the compulsory financial guarantee, provided for in the fourth final provision of Law 26/2007, of 23, will be required. The Commission's proposal for a Council Regulation (EC) on environmental liability; recommendation to set maximum ceilings for financial guarantees are laid down in Law 26/2007 of 23 October in Article 30, setting a ceiling of EUR 20 million; and the recommendation to exclude low-risk activities is in line with this royal decree amending the (a) Regulation (EC) No 26/2007 of 23 October 1993 laying down, for the time being, the obligation to provide a financial guarantee for the activities laid down in the new Article 37 (2) (b) of the Treaty. rules.

IV

One of the main purposes of this royal decree is, therefore, to comply with the mandate contained in article 28.d) of the law, establishing the operators of the activities which, in the light of its limited potential to generate environmental damage and a low level of accidents, they will be exempt from the obligation to provide financial guarantees, and therefore to carry out environmental risk analyses, which are laid down in the new paragraph 2.b) of the Article 37 of the Regulation.

In this new Article 37 (2) (b), the activities of which operators are exempted from the obligation to provide financial collateral, and therefore to make the communication to the competent authority provided for in Article 37 (2) (b), are collected. Article 24 (3) of Law 26/2007 of 23 October and Article 33 of this Regulation. Operators of activities which are not exempt, which are those listed in Article 37 (2) (a), shall therefore be obliged to carry out the analysis of environmental risks, and if they exceed the thresholds laid down in the law, to constitute the mandatory financial guarantee.

On the other hand, it is necessary to emphasize that the exclusion of activities from Annex III of the Law of the obligation to constitute financial guarantee does not compromise the fundamental objectives of the rules of responsibility The environmental damage caused by the environmental damage caused by the environmental damage caused by the damage caused by the disease. Thus, irrespective of the obligation or not to constitute a financial guarantee, all the operators in Annex III to the Act continue to have an objective and unlimited liability in such a way that those who cause environmental damage or threaten They have an obligation to take the necessary measures to prevent their causation or, where the damage has occurred, to return the damaged natural resources to the state they were in before the damage was caused.

It is necessary to remember that, as stated in the preamble of Law 26/2007, of October 23, not all natural resources are protected by this law. Only those that have a place in the concept of environmental damage are there. In the same way, not all damage to these natural resources will generate environmental responsibility. In order for the law to be applied, it must be in the presence of threats of damage or damage itself that will result in significant adverse effects on a natural resource.

In Law 26/2007 of 23 October, and its partial development regulation, approved by Royal Decree 2090/2008, a number of criteria are included for determining the significance of the damage, and since this is a This is a crucial operation, since it is based on the applicability of the environmental liability system that criteria are used to ensure objectivity in this work of assessment, when it has been possible, as far as possible, to other rules for determining the significance of the damage in each natural resource.

Among these criteria for establishing the significance of the damage, the ones established in Article 16 of the regulation of partial development of the law, by reference to the natural resource affected, stand out. In this way, it is established that damage to wild species and habitats will be significant when the changes experienced by the recipient result in adverse effects affecting the maintenance of a favourable state of conservation or the possibility of it being achieved, and for this to be taken into account any available local, regional, national and community information of the species or affected habitat that is relevant; The water supply shall be significant if the mass of the receiving water has an effect (a) unfavourable to its ecological, chemical or quantitative status, in the case of surface water or groundwater, or its ecological potential, in the case of artificial and highly modified waters, which will, in both cases, bring about a change in the classification of that state at the time of the affectation, in accordance with the provisions of the Hydrological Planning Regulation approved by Royal Decree 907/2007 of 6 July 2007 and other applicable legislation; Damage to the soil will be significant if the recipient experiences an adverse effect that creates risks for human health or the environment, so that it can be classified as contaminated soil in the terms established in Royal Decree 9/2005 of 14 January, establishing the relationship of activities potentially soil contaminants and the criteria and standards for the declaration of contaminated soils; and finally the damage to the riparries of the sea and the rias will be significant to the extent that the damage experienced by the waters, by soil or by wild species and habitats, in accordance with the provisions set out in paragraphs above.

The scale of the assessment of the significance of the damage is a very relevant element, especially in the resources of wild species and habitats, as well as in the water resource, where the assessment must be done at mass scale water. This should be taken into account when assessing the potential for environmental damage, i.e. damage resulting from significant adverse effects, from the various activities in Annex III to the law.

Therefore, it is necessary to distinguish between the concepts of "damage", and "environmental damage", which in the scope of Law 26/2007, of 23 October, as set out in its article 2.1, which regulates the definitions, refers to damage that causes significant adverse effects.

This is an important element that must be taken into account in the establishment of activities that are excluded from the obligation to provide financial collateral, since, in the same way as not all damage that they can cause the operators of the activities of Annex III to Law 26/2007 of 23 October will always generate significant adverse effects, not all the activities of Annex III of Law 26/2007, have the same potential to generate damage that they can to produce significant adverse effects, thereby generating "environmental damage".

V

For the purpose of establishing the activities which are excluded from the obligation to provide financial collateral, in addition to the elements described above, an analysis of the characteristics of all the activities has been carried out. activities in Annex III to Law 26/2007 of 23 October and in particular its potential to cause environmental damage and its level of accidents.

This analysis has taken into account, on the one hand, the prioritisation of activities included in Annex III of Law 26/2007 of 23 October, based on the assessment of three risk-related criteria. the environmental impact of each professional sector, carried out for the drafting of Order ARM/1783/2011 of 22 June, and on the other hand, an analysis of the information available on the most common accidents in recent years in the various industrial sectors, with environmental consequences.

Of this analysis carried out for each of the activities of Annex III of Law 26/2007, of 23 October, it is concluded that the operators of the activities with greater potential to cause environmental damage and with higher level of Accidents are as follows:

First of all, the operators included in the scope of Royal Decree 1254/1999 of 16 July 1999, which approved measures to control the risks inherent in serious accidents in which they are subject, stand out. Dangerous substances are involved. These operators stand out for their potential risk of accident generation.

Secondly, there would be the operators included in Law 16/2002, of July 1, of integrated prevention and control of pollution, since in the field of this Law are included installations whose production processes they are characterised by a degree of complexity, and whose potential for environmental pollution is high, because they produce a higher volume of product, which is why it is estimated that both the consumption of raw materials and chemicals, and the Waste generation, many of them dangerous, are high, which can cause damage significant environmental in the event of an accident.

thirdly, in view of the accidents that have occurred in recent years and their severity, they highlight those in installations dedicated to the management of waste from the extractive industries, in particular: Accidents related to mining waste rafts. These activities are regulated in Royal Decree 975/2009 of 12 June on the management of waste from the extractive industries and the protection and rehabilitation of the space affected by mining activities, and in that royal decree identify facilities classified as category A, such as those with a higher risk of serious accidents.

During the processing of this royal decree, the text of article 28.d) of Law 26/2007, of 23 October, with wording from article 32 of the Royal Decree-Law of July 1, granted to the Government the power of to exempt the activities of Annex III of the Act from the obligation to provide financial guarantees. Subsequently, Law 11/2014, of 3 July, clarified the wording of Article 28 (d), stating that these exemptions would be made in the light of the limited potential for environmental damage and low level of accidents. activities of Annex III to the Act.

However, it is necessary to stress that the analysis of the characteristics of all the activities of Annex III to Law 26/2007 of 23 October, on which the exemption from the obligation to constitute a financial guarantee is based, is based on Article 37 of the regulation took into account, since the beginning of the processing of this royal decree, the potential to cause environmental damage and the level of accidents. This was the reason why, in the amendment of the wording of Article 28d) of Law 26/2007, of 23 October, carried out by Law 11/2014, of July 3, these criteria were introduced, to make them coincide with those that had been used for the determination of the activities to exempt from the compulsory financial guarantee, in the draft royal decree amending the regulation of partial development of the Law that was in the process.

As a result of the analysis of the rest of the activities in Annex III to Law 26/2007 of 23 October, not included in Article 37 (2) (a) of the Regulation, carried out since the beginning of the processing of this real decree, it is concluded that the operators of those activities, provided that they are not included in any of the cases of such paragraph, and especially in the scope of application of Royal Decree 1254/1999, of 16 July, nor of Law 16/2002, of 1 of July, have a lower potential to generate environmental damage and low level of accidents, in the framework of Law 26/2007 of 23 October. Therefore, these activities, as set out in the new Article 37 (2) (b) of the Regulation, are exempted from the obligation to provide financial collateral and to carry out environmental risk analysis.

However, these exemptions are without prejudice to the need to carry out the study provided for in Article 37 (2) (b), within a maximum period of five years from the entry into force of this royal decree, taking into account as a basis for the agenda of the ARM/1783/2011 Order of 22 June 2011, which will update the assessment of the potential for environmental damage and the level of accidents in these activities. In the light of the results of this study, the adaptations to be made shall be made as appropriate.

It is also necessary to clarify that the exemptions to the obligation to provide financial collateral in the field of Law 26/2007 of 23 October are without prejudice to the fact that it remains in force for the operators of the activities exempted from the financial guarantee provided for in Law 26/2007 of 23 October, the obligation to provide the financial guarantees to which they are subject under other specific sectoral rules.

Finally, it should be stressed that, regardless of the obligation or not to constitute a financial guarantee, all the operators in Annex III of the Law that cause environmental damage or threaten to cause them, have the the obligation to take the necessary measures to prevent their causation or, where the damage has occurred, to return the damaged natural resources to the state in which they were located before the damage was caused, This is a very objective and unlimited basis, based on the principles of prevention and the polluter pays. the environmental liability regime laid down in Law 26/2007 of 23 October is not altered by the exemptions from the obligation to provide financial collateral provided for in this Royal Decree.

VI

The fourth final provision of Law 26/2007 of 23 October provides that the date from which the establishment of the compulsory financial guarantee for each of the activities in Annex III will be required shall be required. The Minister of Agriculture, Food, and the Environment, after agreement of the Government's Delegation for Economic Affairs, will decide after consulting the autonomous communities and the sectors affected. It also provides that those ministerial orders shall be approved as from 30 April 2010.

In this regard, on June 29, 2011, the "Official State Gazette" was published in Order ARM/1783/2011 of 22 June, establishing the order of priority and timetable for the approval of the ministerial orders to from which the mandatory financial guarantee, provided for in the fourth final provision of Law 26/2007 of 23 October, of Environmental Liability, will be required.

Order ARM/1783/2011 of 22 June 2011 carried out a classification of the economic and professional activities listed in Annex III of Law 26/2007 of 23 October. On the basis of that classification, the order laid down the following timetable: the ministerial orders from which the compulsory financial guarantee will be payable to the sectors of activity which are classified with the priority level 1, be published between the two and three years following the entry into force of that order, those relating to sectors classified with priority level 2 shall be published between the following three and five years, and those relating to the sectors of activity which are classified with priority level 3 shall be published between the following five and eight years the order entry into effect.

It should be noted that, dated July 3, 2014, Law 11/2014, amending Law 26/2007, October 23, Environmental Responsibility was approved, and that through this royal decree modifications will be introduced in the the partial development regulation of the said Law 26/2007 of 23 October.

These changes are primarily intended to reduce administrative burdens and to simplify the administrative procedures laid down in environmental liability legislation, in particular that of of the financial guarantee, as well as the definition of the operators who are exempt from the obligation to constitute financial guarantee, and therefore to carry out the analysis of environmental risks, and to make effective the requirement of financial guarantee to the operators obliged.

Therefore, due to the important implications of these regulatory changes in relation to the constitution of the compulsory financial guarantee, there has been a delay in the publication of the ministerial order which set the date of entry into force of the financial guarantee for the activities classified at priority level 1, in respect of the timetable initially foreseen in the Order ARM 1783/2011.

On the other hand, Order ARM/1783/2011, of 22 June, established that the ministerial orders from which the compulsory financial guarantee will be payable to the sectors of activity that are classified with the level of priority 2 would be published between the three and five years following the entry into force of that ministerial order.

Therefore, and since more than three years have passed since the publication of Order ARM/1783/2011, of June 22, after the entry into force of this royal decree, the processing of the ministerial order that sets the date to from which the establishment of the mandatory financial guarantee provided for in Article 24 of Law 26/2007 of 23 October for the activities of Annex III to Law 26/2007 of 23 October, which maintain this obligation, will be required, classified with priority level 1 and 2, as set out in the Annex to Order ARM/1783/2011 of 22 June.

Ministerial orders relating to sectors of activity which are classified with priority level 3 in accordance with the Annex to Order ARM 1783/2011 of 22 June shall be published between the five and eight years following the end of the year. the entry into force of that order, that is between 22 June 2016 and 22 June 2019.

Taking into account these deadlines, and considering that most of the activities that are exempted from the obligation to provide financial collateral pursuant to the provisions of the new Article 37 (2) (b) of the Treaty Regulation, are classified with priority level 3 in Order ARM/1783/2011, of 22 June, the study has been planned to update the assessment of the potential to generate environmental damage and the level of accidents activities of Annex III to the Act, for the purposes referred to in Article 28.d of Law 26/2007, of 23 October, in such a way as to ensure that the necessary measures are taken for their inclusion in the obligation to provide financial security within five years of the entry into force of this royal decree.

In this way, both deadlines are agreed, the publication of the ministerial order setting the date of entry into force of the financial guarantee for the activities classified with priority level 3, and the the study from which the inclusion in the obligation to provide financial collateral for some of the activities that are now exempted is decided, where appropriate. Thus, this inclusion of activities now exempt from the obligation to provide financial collateral could be carried out without the need to alter the schedule for the publication of such a ministerial order.

VII

In addition to the development of these provisions of Law 26/2007 of 23 October, it is necessary to carry out further amendments to its rules of partial development, with the overriding aim of reducing the burden of (a) the administrative procedures for operators and the simplification of the administrative procedures referred to therein, in particular the determination of the financial guarantee. In addition and in this line of simplification, the requirement for verification of environmental risk analyses is removed, and is replaced by a responsible declaration by the operator that the above analysis and the establishment of the financial guarantee, have been carried out in compliance with all the requirements imposed for it in the Law and the regulation.

As provided for in Article 24 (3) of Law 26/2007 of 23 October, the calculation of the amount of the compulsory financial guarantee must be based on an analysis of environmental risks, the scope and content of which is developed in the the partial development of the law.

With this royal decree, the wording of Article 33 is amended, which stated that, in order to fix the amount of the financial guarantee, the analysis of environmental risks should be taken as a starting point. must: identify the accidental scenarios and their probability of occurrence; establish the monetary value of the damage associated with each scenario based on the quantification of the damage and the cost of the primary repair and determine the risk associated with these scenarios, understood as a product of the probability of occurrence and the value of the damage each scenario; select the lowest associated cost scenarios that group 95 percent of the total risk and, last, establish as a proposal for the amount of the guarantee, the highest environmental damage among the selected scenarios.

This wording is amended by introducing a new method which significantly simplifies the operator of the process of fixing the amount of the financial guarantee, while following consistency with the previous procedure.

This new method consists primarily of identifying accidental scenarios and their probability of occurrence, a step that was already foreseen in the previous wording.

Secondly, the operator must estimate an environmental damage index associated with each accidental scenario, new in this new procedure, following the steps set out in the new Annex III of the Regulation. The Environmental Damage Index (IDM) aims to estimate the damage associated with each accidental scenario, and is based on a series of estimates of the amount of resource damaged and the costs of repairing the natural resources covered by the Law 26/2007, of 23 October, offering a semi-quantitative result, but which allows to order in order of magnitude the accidental scenarios according to the potential environmental damage that they can generate.

The third step is to calculate the risk associated with each accidental scenario as the product between the probability of occurrence of the scenario and the environmental damage index. As a fourth step, the scenarios with the lowest associated environmental damage index should be selected, grouping 95 percent of the total risk.

Finally, the amount of the financial guarantee will be established as the value of the environmental damage of the scenario with the highest environmental damage index among the selected accidental scenarios. First, the environmental damage generated in the selected scenario will be quantified, and second, the environmental damage generated in that reference scenario will be monetized, the value of which will be equal to the cost of the project primary repair.

If the primary repair corresponding to the reference scenario for the calculation of the financial guarantee consists entirely of the natural recovery, the amount of the natural recovery shall be equal to the value of the associated damage. the accidental scenario with the highest environmental damage index among the selected scenarios whose primary repair is different from natural recovery.

With this new procedure, it will only be necessary to quantify the environmental damage generated, and to monetize the environmental damage, for a single selected scenario, rather than for all scenarios identified as provided for the previous wording of this article.

The Environmental Damage Index is intended to estimate the damage associated with each accidental scenario. The methodology of calculation of the IDM is based on a series of estimates of the costs of repair of the natural resources covered by Law 26/2007, of 23 October, offering a semi-quantitative result that in no case can interpreted as the actual value of the damage associated with each scenario. The expected relationship between the value of the IDM and the value of the environmental damage is that both increase in the same direction-greater the value of the higher IDM is the predicted value of the damage-, not existing a mathematical relationship that relates the value of the IDM with the actual value of the damage repair cost associated with each accidental scenario. The IDM equation may be used exclusively for the different groups of combinations of agents causing the damage and potentially affected resource which are represented in Table 1 of Annex III. The user must select the combination or agent-resource combinations that are considered relevant to the scenario that is evaluating and proceed to calculate their IDM, using the above equation and the tables listed in the subsequent for each group. These tables are structured in two blocks, a first block that includes the tables with the coefficients and modifiers of each group and a second block with the values that the different modifiers can acquire (MAj, MBj, MCj) and must be chosen by the user.

On the other hand, the regulation provided that the environmental risk analysis should be verified by an accredited body, providing that it would be the competent authority to determine the amount of the financial guarantee after verification of compliance with the formal requirements of the proposal submitted by the operator in its analysis of environmental risks. Under the new wording of this Article 33, the operator must submit to the competent authority a statement responsible for carrying out the operations provided for in this Article, which shall contain at least the information included in this Article. the new Annex IV to the Regulation. This removes the procedure for the verification of environmental risk analysis and therefore deletes Section 3 of Chapter III on the verification of environmental risk analysis.

VIII

The other changes introduced by this royal decree in the regulation of partial development of the law are intended to clarify, correct or eliminate certain aspects of the law, in the light of the experience gained. during the years since its entry into force.

First, an amendment to Article 38 is introduced in relation to the updating of the minimum amount of the financial guarantee, in such a way that the minimum amount to be guaranteed will be updated in terms of they are indicated in the policy or in the relevant instrument of the financial guarantee constitution, or at the request of the competent authority in cases where it is necessary for the enforcement of the law.

Article 44 is also amended, on the Environmental Damage Compensation Fund of the Insurance Compensation Consortium, in line with the amendment to Article 33 of Law 26/2007 of 23 October, introduced by Law 11/2014, of 3 July, in order to adapt it to the current situation of the national legislation under which it is constituted and operates a system of liquidation of insurers in situation of insolvency, which is managed by the Insurance Compensation Consortium, and which, "de facto", means a guarantee mechanism for the insurance, which would also operate, if necessary, in relation to the coverage of environmental liability. Consequently, in order to avoid redundancies, the insolvency fund referred to in the original wording of the article is deleted, maintaining that it is intended to extend insurance cover for damages during the life of the policy. but with deferred manifestation.

With the new wording of the third additional provision, the possibility is introduced that those holders of economic or professional activities which are subject to other rules to the obligation to provide (i) to contract liability insurance which covers damage to persons, to things and to the restoration of natural resources; they may well replace such sureties and insurance by others through which the responsibilities arising from them are also covered; of Law 26/2007 of 23 October, or to supplement them for the same purpose. With the previous wording of this additional provision third, this possibility was restricted exclusively to those securities or insurance provided for in provisions prior to Law 26/2007 of 23 October.

It is also necessary to amend the first final provision on environmental risk analysis. In this sense, it is worth remembering that on June 29, 2011, the "Official State Gazette" was published in Order ARM/1783/2011 of 22 June, establishing the order of priority and the timetable for the approval of orders. from which the constitution of the compulsory financial guarantee, provided for in the fourth final provision of Law 26/2007 of 23 October, of Environmental Liability, shall be enforceable.

With the new wording of the first final provision, the analysis of environmental risks necessary for the calculation of the amount of the financial guarantee provided for in Chapter III shall not be carried out (a) to the date from which the establishment of the compulsory financial guarantee to be fixed, for each sector of activity, by the ministerial orders referred to in the final provision, shall be compulsory until the date on which it is required; fourth of Law 26/2007 of 23 October. On the other hand, the models of environmental risk reporting for each sector or, where appropriate, the corresponding methodological guide, as well as the tables of scales, should be reported favourably by the Technical Commission for Prevention and repair of environmental damage, before the date from which the establishment of the compulsory financial guarantee for each sector of activity is required, so that operators can use these voluntary instruments as a basis to carry out its analysis of environmental risks and to fix the amount of financial guarantee mandatory.

Finally, in relation to the methodology for the calculation of the supplementary and compensatory repair measures introduced in Annex II, in Section III 'Analysis of the equivalence of resources', paragraph 4, the wording The above stated that the estimate of the losses of natural resources or services will be realized by discounting the reference year (understanding the year of claim) the flow of losses and the flow of profits from these resources or services generated by the repair project. To this end, the operator shall, in general, take a reference value of the discount rate of 75% of the average interest rate of the last auction of 10-year State obligations, prior to the time of the claim. In no case shall the reference value of the discount rate be less than 1%. In case the time horizon for repair is over 30 years, a discount method of hyperbolic type, i.e. based on a variable and decreasing discount rate over time, will be used.

This reference to the method and discount rate has been seen in practice to be modified given the complexity of the application of the hyperbolic discount method and the wide range of discount rate variation, and modifies its wording in such a way that the operator shall, as a general rule, take a reference value of the 3% discount rate and use an exponential discount method.

IX

The royal decree is structured in a single article, amending the regulation of partial development of Law 26/2007, of October 23, of Environmental Responsibility, approved by Royal Decree 2090/2008, of 22 of December, which is divided into seventeen paragraphs. By means of the numbered paragraphs 1 to 15, Articles 3, 25, 33, 34, 35, 36, 37, 38, 40, 44, the third additional provision, the sixth additional provision, the first provision, and Annex II are amended and the Section III of Chapter III on 'Verification of environmental risk analysis'. Paragraphs 16 and 17 create two new Annexes to the Regulation: Annex III ("Methodology for the estimation of an environmental damage index associated with each accidental scenario") and Annex IV ("Minimum content of the declaration"). Article 33 "). In addition, the royal decree provides for a single transitional provision on the determination of the amount of the compulsory financial guarantee by operators whose sector has submitted to the Commission for a report on prevention and repair of environmental damage, analysis of sectoral environmental risks or tables of scales, within six months of the entry into force of this royal decree.

This royal decree is issued in accordance with the third-first paragraph of Law 26/2007 of 23 October, which empowers the Government to dictate, in its field of competence, how many provisions are necessary. for the development and implementation of Chapter IV and of the Annexes to the Act, and in accordance with Article 28.d) thereof, which empowers the Government to establish the activities of which operators shall be exempt from the obligation to set up financial collateral.

In the preparation of this royal decree has participated the technical commission of prevention and repair of environmental damage, have been consulted the representative entities of the affected sectors and has been submitted to the procedure of public information and forwarded to the Advisory Council on the Environment, in application of the provisions of Law 27/2006, of July 18, which regulate the rights of access to information, public participation and access to justice in the environmental matter.

Finally, it should be noted that the criteria for the low potential for environmental damage and the low level of accidents are to be determined by the operators of the activities which will be exempted from the The same criteria have been taken into account in Article 28 (d) of the Law on the provision of compulsory financial guarantees, introduced by Law 11/2014 of 3 July, amending Law 26/2007 of 23 October, in Article 28 (d) of the Law. the drafting of the draft royal decree amending the implementing regulation The law was part of the law that was submitted to public information, as well as in the version of the rest of the proceedings. Therefore, all operators of the activities that are exempted, as well as those that maintain the obligation to constitute the financial guarantee, have been consulted since the beginning of the processing of this royal decree, and have had access to the studies on which this decision is based. These studies have not been modified as a result of the inclusion of these criteria in Article 28.d) of Law 26/2007, by Law 11/2014 of 3 July, since these criteria coincide with those that were used from the outset for their realization.

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 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:

Single item. Amendment of the partial development regulation of Law 26/2007, of 23 October, of Environmental Liability, approved by Royal Decree 2090/2008, of 22 December.

The Regulation of partial development of Law 26/2007, of 23 October, of Environmental Liability, approved by Royal Decree 2090/2008 of 22 December, is amended as follows:

One. Article 3 is worded as follows:

" Article 3. Technical Commission for the prevention and repair of environmental damage.

1. The Technical Commission for the Prevention and Repair of Environmental Damage is hereby established as a technical cooperation and collaboration body between the General Administration of the State and the Autonomous Communities for the exchange of information and the advice on the prevention and repair of environmental damage.

2. The Technical Commission for the Prevention and Repair of Environmental Damage is attached to the Ministry of Agriculture, Food and Environment through the Directorate General of Quality and Environmental Assessment and Natural Environment and will exercise the The following functions:

a) Emission of recommendations and elaboration of methodological guidelines on risk analysis, prevention and repair of environmental damage.

(b) Evacuation, on a proposal from the competent authority, of expert opinions on the determination of environmental damage, on its repair and on its monetization.

(c) Proposal for the designation of the competent body or bodies for the processing of administrative files requiring environmental liability when the circumstances referred to in Article 7.4 of the Treaty are met. Law 26/2007, of 23 October, and so agreed by the public administrations concerned.

(d) Proposal for the modification and adequacy of the environmental liability legislation arising from technical, scientific, economic or legal progress.

e) Elaboration of studies on the implementation of environmental risk analysis and risk management systems, on the implementation of environmental damage restoration projects and on the evolution of the market financial guarantees in the field of the environment.

f) Collecting statistical data on environmental damage and on environmental restoration projects.

g) To promote cooperation and collaboration between public administrations with powers in the field of environmental liability repair and to propose the collaboration protocols set out in the final provision fifth of Law 26/2007, of 23 October.

h) Report Type Environmental Risk Report Models ("MIRAT") or, where appropriate, the methodological guides referred to in Article 35, as well as the tables of scales referred to in Article 36.

(i) Any other function of exchange of information or advice on matters covered by this regulation which may be entrusted to it by the Ministry of Agriculture, Food and the Environment Environment or Autonomous Communities.

3. The Technical Commission for the Prevention and Repair of Environmental Damage will be chaired by the Director General of Quality and Environmental Assessment and Natural Environment of the Ministry of Agriculture, Food and Environment, will hold the vice presidency. one of the representatives of the Autonomous Communities and shall be composed of the following vowels:

(a) By the General Administration of the State, sixteen vowels, with the category of Subdirector General or equivalent and appointed by the corresponding Undersecretary. Eleven of the vowels will be appointed, two for each of the following ministries: Economy and Competitiveness, Health, Social Services and Equality, Industry, Energy and Tourism, and Interior; and three by the Ministry of Public Works.

The other five will be appointed by the Ministry of Agriculture, Food and Environment: three by the Directorate General of Quality and Environmental Assessment and the Environment; one by the General Directorate of Sustainability of the Costa and del Mar and the other by the Directorate General of Water.

b) A vowel designated by each of the autonomous communities.

c) A vowel designated by each of the cities of Ceuta and Melilla.

d) A vocal representative of the local entities, designated by the state-wide association with the highest implementation.

4. For each of the members of the Technical Commission for the prevention and repair of environmental damage, an alternate shall be appointed. He will serve as an alternate for the President, a Deputy Director General of the Ministry of Agriculture, Food and Environment, and as an alternate for the Vice President, a representative of the Autonomous Community.

He will act as secretary, with voice and no vote, an official from the Ministry of Agriculture, Food and Environment.

5. In order to carry out the preparatory work necessary for the performance of its tasks, the Commission may agree to the establishment of specialised composition committees involving recognised experts and representatives of the business organisations, trade unions and non-governmental organisations whose object is the defence of the environment, in the light of the matter in question in each case.

6. The Commission shall adopt its rules of operation, which shall be in accordance with the provisions of Chapter II of Title II of Law No 30/1992 of 26 November 1992 on the legal system of public administrations and of the Common Administrative. "

Two. Point (f) of item 25.1 is renamed (e).

Three. Article 33 is worded as follows:

" Article 33. Mandatory financial guarantee and communication to the competent authority.

1. In accordance with the provisions of Article 24.1 of Law 26/2007 of 23 October, operators of the activities listed in Annex III to the Act, without prejudice to the exemptions provided for in Article 28 thereof, shall have a guarantee financial support to enable them to face the environmental responsibility inherent in their activity.

2. The calculation of the amount of the financial guarantee shall be based on the environmental risk analysis of the activity containing the following operations:

a) Identify the accidental scenarios and establish the probability of occurrence of each scenario.

b) Estimate an environmental damage index associated with each accidental scenario by following the steps set out in Annex III.

c) Calculate the risk associated with each accidental scenario as the product between scenario occurrence probability and environmental damage index.

d) Select the scenarios with the lowest associated environmental damage index that group 95 percent of the total risk.

e) Set the amount of the financial guarantee, such as the value of the environmental damage of the scenario with the highest environmental damage index among the selected accidental scenarios. This will follow the following steps:

1. First, the environmental damage generated in the selected scenario will be quantified.

2. Second, the environmental damage generated in that reference scenario will be monetized, the value of which will be equal to the cost of the primary repair project.

If the primary repair corresponding to the reference scenario for the calculation of the financial guarantee consists entirely of the natural recovery, the amount of the financial guarantee shall be equal to the value of the damage associated with the accidental scenario with the highest environmental damage index among the selected scenarios whose primary repair is different from natural recovery.

3. Once the amount of the mandatory financial guarantee is calculated, the costs of prevention and avoidance of damage shall be added to it, for which the calculation of the operator may:

a) Apply a percentage on the total amount of the mandatory warranty.

b) Estimating such prevention and avoidance costs through environmental risk analysis.

In any event, the amount of the cost of prevention and avoidance of damage shall be at least 10% of the total amount of the security determined in accordance with the preceding paragraphs.

4. Once the financial guarantee has been lodged by the operator, the operator shall, before the competent authority, present a statement responsible for having constituted such a financial guarantee, and having carried out the operations provided for in this Article, which shall contain at least the information listed in Annex IV.1. The competent authority shall establish the control systems to enable it to verify the completion of these obligations. Such quantity shall be of a minimum nature and shall not affect or limit in any way the power of the person concerned to constitute a guarantee by a higher amount, by means of the same or other instruments.

5. Operators who, having carried out the environmental risk analysis of their activity, are exempted from constituting the financial guarantee under the exemptions provided for in Article 28 (a) and (b) of Law 26/2007, 23 of The competent authority shall submit to the competent authority a responsible declaration containing at least the information listed in Annex IV.2. '

Four. Article 34 is worded as follows:

" Article 34. Development of environmental risk analysis.

1. The environmental risk analysis shall be carried out by the operator or a third party contracted by the operator, in accordance with the scheme established by UNE 150,008 or other equivalent standards. Also, with a degree of detail appropriate to the hypothetical nature of the damage, the criteria set out in Chapter II for the following parameters shall be used in the preparation of the risk analysis:

a) The characterization of the environment where the installation is located.

b) The identification of the agent causing the damage and the affected resources and services.

c) The extent, intensity and time scale of the damage, for the scenario with the highest environmental damage index, selected in accordance with the procedure laid down in Article 33.

d) An assessment of the significance of the damage.

e) The identification of primary repair measures.

However, the following rules will be considered for quantification:

(f) The uncertainty associated with the estimation of the extent of the environmental damage of an accident scenario shall preferably be defined with the use of simulation models of the behaviour of the causative agent environmental damage.

g) Acute, chronic and potential damages amount to a loss of natural resource or natural resource service of 75, 30, and 5 percent, respectively.

2. Risk analyses shall take into account the extent to which the risk prevention and management systems adopted by the operator continuously and continuously reduce the potential environmental damage that may result from the activity.

3. An operator shall update the environmental risk analysis whenever it deems appropriate and in any case where substantial changes in the activity, installation or substantive authorisation occur. '

Five. Article 35 (4) is worded as follows:

" 4. The Ministry of Agriculture, Food and the Environment will give publicity in its electronic headquarters of the models of environmental risks report type and of the methodological guides informed favorably by the Technical Commission of prevention and repair of environmental damage. "

Six. Article 36 (1) is worded as follows:

" 1. For the calculation of the amount of the compulsory financial guarantee for sectors or sub-sectors of activity or for small and medium-sized enterprises which, due to their high degree of homogeneity, permit the standardization of their environmental risks, as These limited, identifiable and known tables may be used in the tables of the scales to be drawn up, following a favourable report by the Technical Commission for the prevention and repair of environmental damage.

In any case, the parameters used for the production of these scales must be established in relation to the intensity and extent of the damage that the operator's activity may cause. The calculation method must also ensure coverage of the primary repair cost.

The Ministry of Agriculture, Food and the Environment will give publicity in its electronic headquarters of the tables of baremos informed favorably by the technical commission of prevention and repair of damages environmental. "

Seven. Article 37 is worded as follows:

" Article 37. Operators exempted from constituting financial collateral.

1. In order to determine the exemption assumptions from the obligation to provide financial collateral in accordance with Article 28 (a) and (b) of Law 26/2007 of 23 October, any of the risk analysis instruments shall be used. calculation of the amount of the financial guarantee provided for in this Regulation.

2. In relation to the assumptions for exemption from the obligation to provide financial collateral in accordance with Article 28 (d) of Law 26/2007 of 23 October:

(a) They shall be obliged to constitute the financial guarantee and, therefore, to make the communication to the competent authority provided for in Article 24 (3) of Law 26/2007 of 23 October, and in Article 33 of this Regulation, operators of the following activities in Annex III of the Act:

1. The activities and installations subject to the scope of Royal Decree 1254/1999 of 16 July 1999 approving measures to control the risks inherent in serious accidents involving the use of the hazardous substances.

2. The activities and facilities subject to the scope of Law 16/2002, of July 1, of integrated pollution prevention and control.

3. Operators with mining waste facilities classified as category A according to the provisions of Royal Decree 975/2009 of 12 June on the management of waste from the extractive industries and protection and rehabilitation of the space affected by mining activities.

(b) In view of their limited potential for environmental damage and low level of accidents, they will be exempt from the mandatory financial guarantee, as well as from the planned communication in the Article 24 (3), operators of the other activities of Annex III to Act 26/2007 of 23 October, provided that they are not included in any of the cases referred to in paragraph 2.a) above.

In the framework of the Technical Commission for the Prevention and Repair of Environmental Damage, within five years from the entry into force of this royal decree, a study will be carried out to update the evaluation of the potential of to generate environmental damage and the level of accidents at all activities in Annex III to Law 26/2007 of 23 October, other than those listed in subparagraph (a) above. Such assessment may give rise to the review of the operators of the other Annex III activities which, having regard to their limited potential for environmental damage and low level of accidents, are exempted from providing guarantees. (a) the obligation to carry out the notification referred to in Article 24 (3) shall not be included in any of the cases referred to in paragraph 2 (a) above.

3. The operators of the activities exempted from the financial guarantee provided for in Law 26/2007 of 23 October shall be subject to the obligation to provide the financial guarantees provided for in the sectoral or specific rules which they are responsible for. their case, application. "

Eight. Article 38 is worded as follows:

" Article 38. Update of the minimum amount of the financial guarantee.

The minimum amount to be guaranteed shall be updated in the terms set out in the policy or in the relevant instrument of the financial guarantee, or at the reasoned request of the competent authority. In any event, the operator may request the update of the financial guarantee when it updates its risk analysis. "

Nine. Paragraphs 1 and 2 of Article 40 are worded as follows:

" 1. The financial guarantee for environmental liability shall be established for each economic, professional or authorisation activity listed in Annex III to Law 26/2007 of 23 October, without prejudice to the exemptions provided for in its Article 28 and the provisions of the following paragraphs.

2. When the operator develops its activity in more than one installation, regardless of whether it is subject to the same or different authorizations, you can choose between these two options:

a) The constitution of separate guarantee instruments for each installation.

(b) The inclusion, in the same instrument of guarantee, of the activity carried out by all the installations. The risk analysis used as a starting point for the fixing of the amount of this guarantee instrument shall be carried out for each installation or, if a single document is chosen, particularised for each installation, in accordance with all requirements set out in this regulation for risk analysis.

(c) Exceptionally, where the degree of homogeneity of the facilities and their associated risks permits, and thus derives from their risk analysis, an operator may ensure a set of facilities for which it is holder through a single instrument of guarantee, the amount of which shall be the highest of the results after the calculation of the guarantee corresponding to each of those facilities.

In the case of paragraphs (b) and (c), the guarantee instrument will incorporate a clause in order to ensure that due to a disaster in some of the facilities, the guarantees are not reduced or exhausted for the rest. Furthermore, in such cases the statement responsible for having constituted a financial guarantee may be lodged with the competent authority of the autonomous community where the registered office of the operator is located or where the installation with the highest level of financial guarantee. The operator shall communicate to the competent authority in the territory of the other facilities the establishment of the financial guarantee. '

Ten. Article 44 (3) and (4) are worded as follows:

" 3. The Fund will not provide coverage for:

a) Activities whose insurance has been canceled before the activity ceases.

(b) Damage that has been generated after the cessation of the activity, due to the abandonment of facilities with potential contaminant, without complying with the mandatory measures to avoid such risk.

c) The facts, damages, or liabilities that would not have been covered in the insurance if the policy was in place.

(d) The pollution episodes that are discovered in a feisty form for the first time, before the end of three years after the final cessation of the insured activity took place. For these purposes, the date of termination of the insured activity is considered to be the date on which the mandatory operations for the reorganisation or dismantling of the facilities for the prevention of future pollution were completed, or the one in which the insured stopped performing any type of activity in the installation.

e) Pollution episodes that are claimed for the first time after the expiry of the period of application provided for in Article 4 of Law 26/2007 of 23 October.

4. The liabilities of the Fund shall in each case correspond to the amounts which, according to each type of activity, have been determined in accordance with the provisions of Article 24 of Law 26/2007 of 23 October, and shall be limited, in addition, the total amount constituted in the same.

In the event that, during the period of validity of the insurance or subsequent insurance, the sum insured has been modified, the Fund shall cover an insured sum equal to the arithmetic mean of the sums insured during the The last five years, at most, where insurance has been in place, counting from the year in which the environmental damage occurred. "

Once. Section 3 of Chapter III on 'Verification of environmental risk analysis' is deleted.

Twelve. The third additional provision is worded as follows:

" Additional provision third. Adaptation of existing insurance.

1. Those holders of economic or professional activities which, in addition to Law 26/2007 of 23 October, are subject to other rules, to the obligation to provide sureties or to hire liability insurance to cover damage to persons, (a) the nature of the activities and the restoration of natural resources may well replace those sureties and insurance by other means by which the responsibilities deriving from Law 26/2007 of 23 October are also covered or supplemented by the same purpose.

2. For the fixing of the amounts to be secured in accordance with that law, operators shall use the criteria set out in this Regulation for environmental damage. "

Thirteen. The sixth additional provision is worded as follows:

" Additional disposal sixth. Adaptation of existing environmental risk analysis.

The holders of economic or professional activities which, by environmental provisions prior to Law 26/2007 of 23 October, are subject to the obligation to carry out environmental risk analysis, may carry out a single risk analysis provided that it meets the objectives and requirements of both the environmental liability regime and the sectoral rules that provide for them.

In the event that operators already have environmental risk analysis, they will be able to adapt them to the requirements of Law 26/2007 of 23 October, and to the provisions of this regulation. "

Fourteen. The final provision is worded as follows:

" Final Disposition first. Carrying out the environmental risk analysis.

1. The analysis of the environmental risks necessary for the calculation of the amount of the financial guarantee provided for in Chapter III shall not be carried out on a compulsory basis up to the date from which it is (a) the obligation to set up the compulsory financial guarantee to be fixed for each sector of activity by means of the ministerial orders referred to in the fourth final provision of Law 26/2007 of 23 October.

2. The models of environmental risk reporting for each sector or, where appropriate, the relevant methodological guide, as well as the tables of scales, should be informed favourably by the Technical Commission for the prevention and repair of damage. (a) before the date on which the establishment of the compulsory financial guarantee for each sector of activity is due. "

Fifteen. Paragraphs 2 and 4 of heading III of Annex II are worded as follows:

" 2. The operator shall determine both the provisional and the irreversible losses of natural resources or services of natural resources that have occurred as a result of environmental damage until they reach the basic state, and the profits of resources. or services obtained through repair. "

" 4. The estimate of losses of natural resources or services shall be calculated by discounting the reference year (understanding for the year of claim) the flow of losses and the flow of profits from those resources or services generated by the repair project.

For this purpose and with a general character, the operator shall take a reference value of the 3 percent discount rate and use an exponential discount method. "

Sixteen. An Annex III is added with the following content:

" ANNEX III

Methodology for estimating an environmental damage index associated with each accidental scenario

The Environmental Damage Index, hereinafter IDM, referred to in Article 33 of this Regulation is intended to estimate the damage associated with each accidental scenario. The IDM may be used whenever the damage is considered relevant and reversible, that is, that the repair can recover the same resources as those that have been originally affected.

The methodology of calculation of the IDM is based on a series of estimates of the primary repair costs of the natural resources potentially affected, offering a semi-quantitative result that in no case can interpreted as the actual value of the damage associated with each scenario. The expected relationship between the value of the IDM and the value of environmental damage is that both increase in the same direction-greater the value of the higher IDM is the expected value of the damage-, there is no mathematical relationship that relates the value of the IDM with the actual value of the damage repair cost associated with each accidental scenario.

The general equation for the calculation of the IDM is as follows:

Imagen: img/disp/2015/083/03716_001.png

Where:

IDM, is the Environmental Damage Index.

Ecf, is the fixed cost estimator of the repair project for the potentially affected dano-resource-causing agent combination i.

A, is the multiplier of the unit cost estimator of the repair project, being the result of multiplying the values of the modifiers that affect unit costs (MAj) for each combination agent-resource i. Its formula is:

Imagen: img/disp/2015/083/03716_002.png

Ecu, is the unit cost estimator of the repair project for the i.agent-resource combination

B, is the amount estimator multiplier, being the result of multiplying the values of the modifiers that affect the quantity estimator (MBj) for each combination agent-resource i. is:

Imagen: img/disp/2015/083/03716_003.png

α, represents the amount of agent involved in the damage.

Ec,,represents the relationship between the affected resource units and the agent units involved in the damage for each agent-resource combination i.

p, is a constant that only acquires a non-zero value for damage to the continental or marine bed.

Macc, is the amount of agent associated with the accident, measured in tons, in the case of damage to the continental or marine bed. In the remaining combinations agent-resource this parameter acquires zero value.

q, is a constant that acquires value 1 for all agent-resource combinations, except for those involving damage to the continental or marine bed in which it takes a specific value.

C, is the multiplier of the review cost estimator and the repair project control, being equal to the value of the modifier that affects the review and control cost estimator (MCj) for each combination agent-resource i. Its formula is:

Imagen: img/disp/2015/083/03716_004.png

Ecr, is the estimate of the revision and control cost of the repair project for the agent-resource combination i.

Ecc, is the consultant cost estimator of the repair project, expressed as a percentage of the previous estimators, for the agent-resource combination i.

i, refers to each of the i agent-resource combinations considered in Table 1 of this annex.

n, is the total number of agent-resource combinations that the analyst considers relevant to the scenario being evaluated.

β, represents the distance (Dist) from the zone to repair to the nearest accessible path expressed in meters.

In case of scenarios that preview the condition to multiple zones, the value of the parameter will be the sum of the distance from each zone to the nearest communication path.

In case of scenarios involving only marine water damage, the continental bed or the seabed is assigned a value b equal to 0.

Eca, is the estimator of the cost of access to the area potentially affected by environmental damage, being its value equal to 6.14.

The IDM equation will be used for the different groups of agent combinations causing the damage and potentially affected resource that are represented in Table 1. In this way, any environmental damage can be assessed according to the agent-resource combinations identified in the table. The user must select the combination or agent-resource combinations that are considered relevant to the scenario that is evaluating and proceed to calculate their IDM, using the above equation and the tables listed in the subsequent for each group. These tables are structured in two blocks, a first block that includes the tables with the coefficients and modifiers of each group and a second block with the values that the different modifiers can acquire (MAj, MBj, MCj) and must be chosen by the user.

Table 1: Agent groups that cause affected natural resource-natural resource

Resource

Water

Continental and Marine

Soil

Sea and Sea Ribera the rías

Species

Marina

Continental

Vegetables

Animals

-causing agent

Chemicals

halogenated VOCs

Group 1

Group 2

Group 5

Group 9

Group 10

Group 11

Group 16

-halogenated COV

halogenated COSV

COSV not Halogenated

Fuels and CONV

Group 7

Explosives

Physical

Extraction/Disappearance

Group 3

Group 6

Group 3

Group 12

Group 17

Group_table_izq"> Group 8

4

Group 4

Group 4

Group 13

Group 18

Group 14

Group 19

Biologic

OMG

 

Group 15

Group 20

 

Virus and bacteria

Hongos and Insects

 

Group 15

VOC, volatile organic compounds (boiling point < 100ºC).

COSV, organic half-time compounds (boiling point between 100-325 ° C).

CONV, non-volatile organic compounds (boiling point > 325 ° C).

GMOs, genetically modified organisms.

A more detailed description of the technical criteria that have been taken into account for the development of the Environmental Damage Index, as well as guidance for its use, can be obtained on the website of the Ministry of Agriculture, Food and Environment (http://www.magrama.es).

I. Tables with the parameters relative to each group of agent-resource combinations

This section includes a table for each group of agent-resource combinations with the values of the coefficients that are needed to estimate the IDM of each accidental scenario and the modifiers that apply to each group. The parameters represented in italics must be reported by the user.

Group 1. Marine water-chemicals

Ecu

MC1

Agent

Coefficient

Ecf

α

Ec

Ecr

Ecc

MA

MB

MC

COV and COSV

0

866

Mvert

1

1,934

0.03

B1

MB12

MB18

C1

Fuels and CONV

0

3,648

Mvert

1

1,934

0.03

Mvert, mass poured into marine water in tons (t).

Group 2. Surface water-chemicals

Ecu

Agent

Coefficient

Ecf

α

Ec

Ecr

Ecc

MA

MB

MC

COV, COSV, and Inorganic

100,000

15

Vvert

2

0.03

0.03

0.03

rowspan="2">

MB1

MB5

MB11

MB12

MB18

MC1

Fuels, CONV, and Explosives

100,000

8

Vvert

2

1.934

0.03

Vvert, volume poured into surface water in cubic meters (m3).

Group 3. Surface water and soil-physical (extraction/disappearance and landfilling)

Ecu

Agent

Coefficient

Ecf

α

Ec

Ecr

Ecc

MA

MB

MC

surface water

1

1

1

1

1

0.03

0.03

0.03

rowspan="3">

MC1

extraction

1

18

1

0.03

inert to floor

0

18

Mvert

1

887

0.03

Vext, volume extracted from surface water in cubic meters (m3).

Mext, mass extracted from soil in tons (t).

Mvert, inert mass of inert in tons (t).

Group 4. Surface water and soil-physical (temperature)

Ecu

Agent

Coefficient

Ecf

α

Ec

Ecr

Ecc

MA

MB

MC

by temperature to surface water

0

1

Vvert

2

1,934

0.03

MB4

MC1

Dano by temperature to floor

0

1

Vvert

1

1,934

0.03

Vvert, volume of hot water poured into surface water or soil in cubic meters (m3).

Group 5. Water-chemical water

Ecu

Agent

Coefficient

Ecf

α

Ec

Ecr

Ecc

MA

MB

MC

COV, COSV, Fuels, and CONV

100,000

67

VvertA. S

1.5

55,238

0.03

B1

MB9

MB12

MB17

MB18

C2

Inorganic

100,000

15

VvertA. S

1.5

55,238

Explosives

100,000

8

A.

1.5

1.5

Centro_table_body " > 55,238

0.03

Vvert A. S, volume poured into groundwater in cubic meters (m3). For its calculation, see paragraph III concerning the allocation of the volume of damage to conditions combined to soil and groundwater.

Group 6. Water-physical water (extraction/disappearance)

Ecu

Agent

Coefficient

Ecf

α

Ec

Ecr

Ecc

MA

MB

MC

0

7

Vext

1

55.238

0.03

C2

Vext, volume extracted from groundwater in cubic meters (m3).

Group 7. Continental and marine-chemical bed

Ecu

Resource

Coefficient

Ecf

α

Ec

p

Macc

q

Ecr

Ecc

MA

MB

C

0

74

Mvert

1

628

Mvert

0.635

2,426

0.03

MB1

M

Mvert, mass poured into the continental or marine bed in tons (t).

Group 8. Continental bed and marine-physical (inert)

Ecu

Resource

Coefficient

Ecf

α

Ec

p

Macc

q

Ecr

Ecc

MA

MB

C

0

14

Mvert

1

628

Mvert

0.635

2,426

0.03

MC1

Mvert, mass poured into the continental or marine bed in tons (t).

Group 9. Chemical-release

Ecu

Agent

Coefficient

Ecf

α

Ec

Ecr

Ecc

MA

MB

MC

COV, COSV, Fuels, CONV, and Explosives

0

201

VvertS

1

887

0.03

B1

MB8

MB14

MB17

MB18

C3

Inorganic

0

105

VvertS

1

887

0.03

VvertS, volume fraction remaining on the floor in cubic meters (m3). For its calculation, see paragraph III concerning the allocation of the volume of damage to conditions combined to soil and groundwater.

Group 10. Riverbank and the river-chemicals

Ecu

Agent

Coefficient

Ecf

α

Ec

Ecr

Ecc

MA

MB

MC

COV and COSV

0

5,958

Vvert

1

887

B1

MB18

MC1

Fuels and CONV

0

25,095

Vvert

1

887

0.025

Vvert, volume dumped at sea bank and rias in cubic meters (m3).

Group 11. Non-threatened and threatened plant species-chemicals

Ecu

0

Arbolate young or scrub

Resource

Coefficient

Ecf

α

Ec

Ecr

Ecc

MA

MB

MC

-threatened plant species:

MA1

MA2

MA3

MA4

B1

MB8

MB14

MB15

MB17

MB18

C4

0

0

Vvert

Vvert

Vvert

0.01

11.226

0

3,761

Vvert

0.01

11.226

0.02

0

Vvert

0

Vvert

0

0.01

11.226

threatened:

Arbolate (diameter greater than 20 cm)

0

11.708

Vvert

0.01

11.226

0.02

Arbolate or scrub

0

7.025

Vvert

0.01

11.226

Herbazal

0

5,051

Vvert

0.01

11.226

0.02

Vvert, dumped volume to plant species in cubic meters (m3).

Group 12. Non-threatened and threatening plant species-physical (extraction/disappearance)

Ecu

C4

Threatened Plant Species:

1

Resource

Coefficient

Ecf

α

Ec

Ecr

Ecc

MA

MB

MC

-threatened plant species:

MA1

MA2

MA3

MA4

0

1,864

0

SupExt

1

11.226

0.02

0

0

289

SupExt

1

11.226

Arbolate, scrub, or herbal

0

4,689

1

11.226

SupExt, a surface of plant species that has been affected in hectares (ha).

Group 13. Non-threatened and threatening plant species-physical (temperature)

Ecu

0

Resource

Coefficient

Ecf

α

Ec

Ecr

Ecc

MA

MB

MC

-threatened plant species:

MA1

MA2

MA3

MA4

MB4

C4

0

0

Vvert

0.005

11,226

Arbolate young or scrub

0

3,761

Vvert

0.005

11.226

0.02

Herbazal

0

574

Vvert

0.005

11.226

0.02

Threatened Plant Species:

mature tree (diameter greater than 20 cm)

0

11,708

Vvert

0.005

11.226

0.02

or scrub

0

7.025

Vvert

0.005

11.226

0.02

Herbazal

0

Vvert

0.005

11,226

0.02

Vvert, volume of hot water poured into the plant species in cubic meters (m3).

Group 14. Plant species not threatened and threatened-fire

Ecu

Resource

Coefficient

Ecf

α

Ec

Ecr

Ecc

MA

MB

MC

-threatened plant species:

MA1

MA2

MA3

MA4

MB3

MB7

MB10

MB13

MB16

MC4

Arbolate (diameter greater than 20 cm)

0

5.256

1

6.2

11.226

0.02

Arbolate or scrub

0

1,865

1

6.2

11.226

Herbazal

0

289

1

6.2

11.226

0.02

Threatened vegetable species:

\cs6\f1\cf6\lang1024} Table_table_der" > 11,708

1

6.2

11.226

0

0

4.689

1

6.2

11.226

0.02

Herbazal

0

1

6.2

11.226

0.02

Group 15. Non-threatened and threatening plant species-biological

Ecu

0

Resource

Coefficient

Ecf

α

Ec

Ecr

Ecc

MA

MB

MC

-threatened plant species:

MA1

MA2

MA3

MA4

B6

C4

0

0

1

10

11.226

Arbolate young or scrub

0

4.009

1

10

11.226

0.02

Herbazal

0

574

1

10

11.226

0.02

Threatened vegetable species:

ripe Arbolate (diameter greater than 20cm)

0

11,708

1

10

11.226

0

0

7.025

1

10

11.226

0.02

0

0

1

10

11.226

0.02

Group 16. Animal-chemical species

Ecu

Threatened Birds

Resource

Coefficient

Ecf

α

Ec

Ecr

Ecc

MA

MB

MC

Threatened Mammals

0

47.463

R

0.5

0.03

0.03

MA2

MB1

MB2

MB15

C5

0

11.866

R

0.5

0.03

0

0

2,848

R

1

6,027

Threatened Times

0

190

R

5

Unthreatened Mammals

0

0

2.373

R

1

6,027

0.03

Unthreatened Birds

0

2.373

R

1

6,027

Amphibians and Reptiles not threatened

0

14

R

100

0.03

0

100

R

6,027

0.03

Where R acquires the following values:

Group 16. Animal-chemical species

Resource

Threatened Amphibians and Reptilians

Vvert > 100

Criterion

R

0 ≤ Vvert ≤ 25

2xVvert

Vvert > 25

50

threatened

0 ≤ Vvert ≤ 75

2xVvert

Vvert > 75

150

0 ≤ Vvert ≤ 100

2xVvert

200

Threatened Fish

0 ≤ Vvert ≤ 125

2xVvert

Vvert > 125

250

Unthreatened fauna species

0 ≤ Vvert ≤ 125

2xVvert

Vvert > 125

250

Vvert, volume of hot water poured into cubic meters (m3) that generates adverse effects on animal species.

Group 17. Animal-physical species (extraction/disappearance)

Ecu

Resource

Coefficient

Ecf

α

Ec

Ecr

Ecc

MA

MB

MC

Threatened Mammals

0

47.463

Next

1

0.03

0.03

MA2

MC5

Threatened Birds

0

11.866

Next

1

0.03

2.848

Next

0

Next

Next

1

6,027

0.03

Threatened Times

0

190

Next

1

0.03

0.03

0

2.373

Next

0

Next

Next

1

6,027

Unthreatened Birds

0

2.373

Next

1

0.03

0.03

0

0

0

0

14

Next

1

6.027

0

0

5

Next

1

6.027

0.03

Next, number of individuals extracted.

Group 18. Animal-physical species (temperature)

Ecu

0.03

Resource

Coefficient

Ecf

α

Ec

Ecr

Ecc

MA

MB

MC

Threatened Mammals

0

47.463

R

0.5

0.03

0.03

MA2

MB2

MC5

Threatened Birds

0

11.866

R

0.5

0.03

2.848

R

0

R

R

R

1

6,027

0.03

Threatened Times

0

190

R

5

6.027

0.03

0

2,373

R

0

R

R

1

6,027

Unthreatened Birds

0

2.373

R

1

0.03

0

0

14

R

100

6,027

0

0

5

R

100

100

0.03

Where R acquires the following values:

Group 18. Animal-physical species (temperature)

Resource

Vvert > 250

Vvert > 250

Criterion

R

0 ≤ Vvert ≤ 50

Vvert

Vvert > 50

50

Threatened Birds

0 ≤ Vvert ≤ 150

Vvert

Vvert > 150

150

Amphibians and Reptiles Threatened

0 ≤ Vvert ≤ 200

Vvert

Vvert > 200

200

0 ≤ Vvert ≤ 250

Vvert

250

Unthreatened fauna species

0 ≤ Vvert ≤ 250

Vvert

Vvert > 250

250

Vvert, volume of hot water poured into cubic meters (m3) that generates adverse effects on animal species.

Group 19. Animal species-fire

Resource

Coefficient

Modifiers

Ecf

Ecu

α

Ec

Ecr

Ecc

MA

MB

MC

Threatened Mammals

0

47.463

1

0.5

6,027

0.03

MB2

MB3

MB7

MB10

MB13

MB16

C5

threatened

0

11.866

1

1

6,027

0

0

2,848

1

1

Unthreatened Mammals

0

0

2.373

1

5

6,027

Unthreatened Birds

0

2.373

1

5

0.03

amphibians and Reptiles not Threatened

0

14

1

100

6,027

0.03

Not considered to be a condition of the fish.

Group 20. Animal-biological species

Resource

Coefficient

Modifiers

Ecf

Ecu

α

Ec

Ecr

Ecc

MA

MB

MC

Threatened Mammals

0

47.463

1

10

6,027

0.03

MB2

MB6

MC5

11,866

1

10

6,027

0

0

2,848

1

10

6,027

0.03

0

0

190

1

10

6,027

Unthreatened Mammals

0

2.373

20

20

0.03

Unthreatened Birds

0

2.373

1

20

6,027

0.03

Unthreatened Amphibians and Reptiles

0

14

1

20

6,027

0

0

5

20

20

0.03

II. Values of the multipliers

The multipliers A, B, and C of the IDM equation are directed to mayorize or minorize the value of the coefficient to which they multiply. These three multipliers have a different weight according to the agent-resource combination modify different components within the equation:

A, affects the unit cost estimator of the repair project (Ecu),

B, affects the affected recipient quantity (Ec) estimator, and

C, affects the review cost estimator and the corresponding repair project control for that combination (Ecr).

Once the user has identified in the tables that are included in the previous section the modifiers that you need to consider in each combination agent-resource, you should go to the corresponding table and choose the value of the modifier according to its particular context.

The value that is finally acquired by multipliers A, B, and C will result from the product of the values assigned to their respective modifiers. If the multiplier has no modifier associated with it, a value of 1 is assigned to it.

Unit Cost estimator Modifiers (MAj)

Vegetation density modifier. Density of vegetation

0.50

Categories

MA1

Very dense (foot density greater than 700 ft/ha, very dense scrub or herbal)

Media (foot density between 50-700 ft/ha, scrub or density herbal media)

1.00

0.50

ENP Modifier. Condition to a Protected Natural Space (ENP)

Categories

MA2

Possible Condition to an ENP

1.25

Condition to ENP

1.00

Pedregosity modifier. Ground stony

Categories

MA3

Stony Soil

-stony Soil

1.00

Pending "modifier". Average slope of the land

Categories

MA4

(> 50%)

(30-50%)

1.25

(<30%)

1.00

Affected Receiver Quantity Estimator (MBj) Modifiers

Biodegradability Modifier. Degradability of the substance

Categories

MB1

High

Media

Centro_table_body "> 0,80

Population Density Modifier. Population density

Categories

MB2

Very dense

2.00

Media

Undense

1.00

Vegetation density modifier. Density of vegetation

0.50

Categories

M

Very dense (foot density greater than 700 ft/ha, very dense scrub or herbal)

Media (foot density between 50-700 ft/ha, scrub or density herbal media)

1.00

0.50

Temperature Difference Modifier. Spill-receiver temperature difference

Categories

MB4

(> 50 ° C)

2.00

(20-50 ° C)

(< 20 ºC)

1.00

Lake Or Reservoir Modifier. Damage to a lake or reservoir

Categories

MB5

(> 100 Hm3)

3.00

(5-100 Hm3)

2.00

3)

1.50

lake or reservoir condition

1.00

Hazard modifier. Hazard of the biological agent

Categories

MB6

High

2.00

Centro_table_body"> 1.00

Pending "modifier". Average slope of the land

Categories

MB7

High (> 10%)

Media (5-10%)

1.00

(<5%)

0.50

Permeability 1 modifier. Soil permeability

Categories

MB8

High (gravas, loose sand, fractured limestone)

2.00

Media (limes or clay sands, limos)

1.50

(clays, margas, non-fractured rock)

1.00

Permeability 2 " modifier. Soil permeability

Categories

MB9

High (gravas, loose sand, fractured limestone)

3.00

Media (limes or clay sands, limos)

2.00

(clays, margas, non-fractured rock)

1.00

Precipitation "modifier". Annual average rainfall

Categories

MB10

Zone (< 400 mm)

zone (400-700 mm)

1.00

Wet Zone (> 700 mm)

0.50

Rio Modifier. Damage to a river

Categories

MB11

Rio very cautious (> 100 m3/s)

2.00

Rio moderately cautious (5-100 m3/s)

1.50

Uncautious Rio (< 5 m3/s)

condition to a river

1.00

Solubility "modifier". Solubility of the substance

Very soluble (water solubility at 20 ° C > 10 mg/l)

Categories

M

Insoluble (water solubility a 20 ° C < 0.1 mg/l)

1.00

Unsoluble (water solubility at 20 ° C between 0.1 and 10 mg/l)

Temperature Modifier. Average annual temperature

Categories

MB13

High (> 17.5 ºC)

Media (10-17.5 ºC)

1.00

(< 10 °C)

0.50

Fuse type modifier. How the spill occurs

Categories

MB14

Fuga

Fuga

1.25

Fuga snapshot

1.00

Toxicity "modifier". Toxicity of the substance

Categories

MB15

High

Media

Centro_table_body"> 1.00

Wind Modifier. Average wind speed

Categories

MB16

(> 5 m/s)

(1-5 m/s)

1.00

Suave (< 1 m/s)

0.50

Viscosity modifier. Viscosity of the substance

Categories

MB17

Unviscous Substance

1.25

measurably viscous substance

1,00

1.00

Volatility Modifier. Volatility of the substance

Categories

MB18

(PE > 325 ºC)

1.00

(PE 100-325 ºC)

E < 100 ° C)

0.80

PE, boiling point (ºC).

Review and Control Cost estimator Modifiers (MCj)

Duration 1 Modifier. Estimated duration of damages

Categories

MC1

(> 1 year)

1.25

(6 months-1 year)

(< 6 months)

1.00

Duration 2 Modifier. Estimated duration of damages

Categories

MC2

(> 10 years)

1.25

(3-10 years)

(< 3 years)

1.00

Duration 3 Modifier. Estimated duration of damages

Categories

MC3

(> 2 years)

1.25

(6 meses-2 years)

(< 6 months)

1.00

Duration 4 Modifier. Estimated duration of damages

1.00

Categories

MC4

High (mature tree, more than 30 years)

1.25

Media-high (young tree, less than 30 years old)

Media-low (scrub)

1,05

(herbal)

1.00

Duration 5 Modifier. Estimated duration of damages

Categories

MC5

High (mammals)

1.25

(rest of species)

1.00

III. Distribution of the volume of landfill in combined condition to the soil and groundwater resources

In case the same damage affects the soil and groundwater, the operator must calculate how the volume of the two resources is distributed in the accidental scenario under study.

The equations for calculating the fraction of the volume that affects each of these resources will be as follows:

1. Fraction of the dumped volume affecting the soil:

VvertS = VvertT -X

2. Fraction of the dumped volume affecting groundwater:

VvertA.S = VvertT -Y

Where:

Vvert T = Total volume poured to the ground for the accidental scenario (m3).

VvertS = Total Volume Fraction (VvertT) that remains on the floor (m3).

VvertA.S = Total Volume Fraction (VvertT) that affects groundwater (m3).

X = Coefficient of the condition to the ground based on the depth of the water table (see table of water table below).

Y = Coefficient of the condition to groundwater based on the depth of the water table (see table of water table below).

Freatic level. Volume distribution to be discharged according to the water level

Categories

X

Somero (<10 m)

0.33

(10-50 m)

0.50

0.50

50m)

0.67

potential condition exists groundwater

1.00

0.00 "

seventeen. An Annex IV is added with the following wording:

" ANNEX IV

Minimum content of the responsible declaration provided for in Article 33

1. Minimum content of the responsible declaration provided for in Article 33 (4

.

The completion and referral, by the operators, of this standard model of the Responsible Declaration to the competent organ in the field of environmental responsibility, credits the fulfilment of the obligation of constitute the financial guarantee regulated by Law 26/2007 of 23 October of Environmental Liability, as well as in the Regulation of partial development of Law 26/2007, of 23 October, of Environmental Responsibility, approved by the Royal Decree 2090/2008 of 22 December. The referral may be made through the places provided for in Article 38.4 of Law No 30/1992 of 26 November 1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, as well as by the electronic means established by Law 11/2007, of 22 June, on the electronic access of citizens to public services.

1. NAME OF THE STATEMENT

NIF

NAME 1

NAME 2

NAME

E-MAIL

FAX

FAX

FIXED PHONE

MOBILE phone

Acting as: ☐ Representative ☐ Representative

2. OPERATOR DATA

NAME OR SOCIAL REASON

ADDRESS

TYPE VIA

VIA NAME

N.

PISO

PORT

POL. INDUST

CP

PROVINCE

PAIS

FAX

FAX

colspan="2">

FIXED PHONE

MOBILE PHONE

3. ADDRESS FOR COMMUNICATIONS PURPOSES (IF DIFFERENT FROM THE PREVIOUS)

ADDRESS

TYPE VIA

VIA NAME

N.

PISO

PORT

POL. INDUSTRIAL

CP

PROVINCE

PAIS

FAX

FAX

colspan="2">

FIXED PHONE

MOBILE PHONE

4. RESPONSIBLE STATEMENT

In accordance with Article 71a of Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure,

DECLARES:

1. It has constituted the financial guarantee provided for in Article 33 of the Regulation of partial development of Law 26/2007 of 23 October of Environmental Liability approved by Royal Decree 2090/2008 of 22 December, which allows the address the environmental responsibility inherent in their activity.

2. The characteristics of the financial guarantee are as follows:

Installation data:

NAMING CENTER

CNAE

address

TYPE VIA

NAME VIA

N.

PISO

PORT

POL. INDUSTRIAL

CP

PROVINCE

PAIS

MAIL ICO

FAX

MOBILE PHONE

UTM COORDINATES

X

Y

Financial Warranty Features:

The chosen form of guarantee shall be indicated in relation to the three possibilities provided for in Law 26/2007 of 23 October on Environmental Liability.

☐ Insurance

☐ Aval

☐ Technical Reserve

Name of the Insurance Company or Financial Entity

Identification of the Constitution Instrument

Date

Period(1)

(1) complete in case of constitution of the guarantee by subscription of insurance.

In case the financial guarantee is established for various activities or installations, the data for each activity or installation must be included:

Activity or installation 2

NAMING CENTER

CNAE

address

TYPE VIA

NAME VIA

N.

PISO

PORT

POL. INDUSTRIAL

CP

PROVINCE

PAIS

MAIL ICO

FAX

MOBILE PHONE

UTM COORDINATES

X

Y

Financial Warranty Features:

The chosen form of guarantee shall be indicated in relation to the three possibilities provided for in Law 26/2007 of 23 October on Environmental Liability.

☐ Insurance

☐ Aval

☐ Technical Reserve

Name of the Insurance Company or Financial Entity

Identification of the Constitution Instrument

Date

Period(1)

(1) complete in case of constitution of the warranty by insurance

Activity or installation 3

NAMING CENTER

CNAE

address

TYPE VIA

NAME VIA

N.

PISO

PORT

POL. INDUSTRIAL

CP

PROVINCE

PAIS

MAIL ICO

FAX

MOBILE PHONE

UTM COORDINATES

X

Y

Financial Warranty Features

The chosen form of guarantee shall be indicated in relation to the three possibilities provided for in Law 26/2007 of 23 October on Environmental Liability.

☐ Insurance

☐ Aval

☐ Technical Reserve

Name of the Insurance Company or Financial Entity

Identification of the Constitution Instrument

Date

Period(1)

(1) complete in case of constitution of the warranty by insurance

5. RESPONSIBLE STATEMENTS ASSUMED BY THE DATA SUBJECT

With the signature of the Responsible Declaration the operator assumes, under his responsibility:

-Which has constituted the mandatory financial guarantee in the terms established by Law 26/2007, of 23 October, of Environmental Liability, and in the Regulation of partial development of Law 26/2007, of October 23, Environmental Liability, approved by Royal Decree 2090/2008 of 22 December.

-That, for the determination of the amount of the financial guarantee, it has carried out the analysis of environmental risks of the activity provided for in Article 24 (3) of Law 26/2007 of 23 October, and which is carried out in the Articles 34 et seq. of this regulation, or has used a corresponding table of scales, reported favourably by the Technical Commission on Prevention and Repair of Environmental Damage.

-That you agree to maintain the financial guarantee for the duration of the activity.

-Which will communicate the updates of the minimum amount of the financial guarantee, in the terms set out in the partial development regulation, of Law 26/2007, of October 23, of Environmental Responsibility, approved by Royal Decree 2090/2008 of 22 December.

-That meets the requirements set forth in the above paragraphs, and that it has the documents that so credit, on the date the present declaration is made.

-That it undertakes to provide, as appropriate, any data or information required by the competent body to verify compliance with this responsible statement.

6. ATTACHED DOCUMENTATION:

-Legal documents of legal representation.

-Express authorization signed by the interested party or his legal representative in the event that the declaration is made by a third party.

In ..............................., to ...... of ........................... of ..........

Fdo. D. /Dna. "

2. Minimum content of the responsible declaration provided for in Article 33 (5

.

The completion and referral, by the operators, of this standard model of the Responsible Declaration to the competent organ in the field of environmental responsibility, credits the fulfilment of the obligation of to determine the amount of the financial guarantee provided for in Article 33 of this Regulation, either by carrying out the environmental risk analysis provided for in Article 24 (3) of Law 26/2007 of 23 October, and which is carried out in Articles 34 et seq. of this Regulation, either by the use of a table of We are pleased to be informed by the Technical Commission on Environmental Damage Prevention and Repair.

Also, it credits the compliance with the exemptions provided for in paragraphs (a) and (b) of Article 28 of Law 26/2007, of October 23, of Environmental Responsibility. The referral may be made through the places provided for in Article 38.4 of Law No 30/1992 of 26 November 1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, as well as by the electronic means established by Law 11/2007, of 22 June, on the electronic access of citizens to public services.

1. NAME OF THE STATEMENT

NIF

NAME 1

NAME 2

NAME

E-MAIL

FAX

FAX

FIXED PHONE

MOBILE phone

Acting as: ☐ Representative ☐ Representative

2. OPERATOR DATA

NAME OR SOCIAL REASON

ADDRESS

TYPE VIA

VIA NAME

#

PISO

PISO

PORT

POL. INDUSTRIAL

CP

PROVINCE

PAIS

FAX

FAX

colspan="2">

FIXED PHONE

MOBILE PHONE

3. ADDRESS FOR COMMUNICATIONS PURPOSES (IF DIFFERENT FROM THE PREVIOUS)

ADDRESS

TYPE VIA

VIA NAME

N.

PISO

POL. INDUSTRIAL

CP

PROVINCE

PAIS

FAX

FAX

colspan="2">

FIXED PHONE

MOBILE PHONE

4. RESPONSIBLE STATEMENT

1. In accordance with Article 71a of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure,

DECLARES:

1. It has complied with the obligation to determine the amount of the financial guarantee provided for in Article 33 of this Regulation.

2. It complies with the exemptions provided for in paragraphs (a) and (b) of Article 28 of Law 26/2007 of 23 October of Environmental Liability and is therefore exempted from the provision of compulsory financial guarantee for the following reason:

☐ The activity is liable to cause damage whose repair has been assessed at a quantity of less than € 300,000.

☐ The activity is liable to cause damage whose repair has been assessed in excess of EUR 300,000 and less than EUR 2,000,000 and the activity is permanently and continuously adhered to:

☐ Community Environmental Management and Audit System (EMAS).

☐ Environmental Management System UNE-EN ISO 14001 in force.

Installation data

NAMING CENTER

CNAE

address

TYPE VIA

NAME VIA

N.

PISO

PORT

POL. INDUSTRIAL

CP

PROVINCE

PAIS

MAIL ICO

FAX

MOBILE PHONE

UTM COORDINATES

X

Y

5. RESPONSIBLE STATEMENTS ASSUMED BY THE DATA SUBJECT

With the signature of the Responsible Declaration the operator assumes, under his responsibility:

-Which, for the determination of the amount of the financial guarantee, has carried out an analysis of the environmental risks of the activity, as provided for in Article 24 (3) of Law 26/2007 of 23 October, and which is carried out in the Articles 34 et seq. of this regulation, or has used a table of scales reported favourably by the Technical Commission on Prevention and Repair of Environmental Damage.

-Which is exempt from constituting the mandatory financial guarantee in the terms set out in paragraphs (a) and (b) of Article 28 of Law 26/2007 of 23 October on Environmental Liability.

-That you have the documents that so credit, on the date the present responsible statement is made.

-That it undertakes to provide, as appropriate, any data or information required by the competent body to verify compliance with this declaration.

6. ATTACHED DOCUMENTATION

-Legal documents of legal representation.

-Express authorization signed by the interested party or his legal representative in the event that the declaration is made by a third party.

In ..............................., to ...... of ........................... of ..........

Fdo. D. /Dna. "

Single transient arrangement. Determination of the amount of the mandatory financial guarantee by operators whose sector has submitted for report sectoral environmental risk analyses or scales tables.

Those operators whose sector or sector association has submitted to the Technical Commission for environmental damage prevention and repair, for their report, a sectoral environmental risk analysis tool or a table of scales, within six months of the entry into force of this royal decree, may carry out their analysis of individual environmental risks based on the methodology defined in the original wording of Article 33 of the This Regulation, approved by Royal Decree 2090/2008 of 22 December 2009, the instrument is favourably informed by the technical Commission.

In addition, those operators who have carried out their environmental risk analysis based on the methodology defined in the original wording of Article 33 of this Regulation may use it to constitute the guarantee. (a) compulsory financial guarantee when it enters into force, when within six months of the entry into force of this royal decree, these operators constitute a voluntary financial guarantee based on the same, and submit to the authority a statement responsible for having constituted such a financial guarantee.

Final disposition first. Competitive titles.

This royal decree has the character of basic environmental protection legislation, in accordance with the provisions of Article 149.1.23. of the Spanish Constitution, except for paragraphs three, four, six, seven, Eight, nine, ten, twelve, sixteen, and seventeen of article one and the single transitional provision, which constitute basic insurance legislation dictated under article 149.1.11. of the Spanish Constitution.

They have no basic legislation in the form of paragraphs 1 and 5 of the single article.

Final disposition second. Entry into force.

This royal decree will enter into force on the twentieth day 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