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.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-3716

I as is establishes in the article 45 of the Constitution Spanish, all them citizens have the right to enjoy of an environment suitable for the development of the person, as well as the duty of keep it. This article provides that you for those who fail to comply with the obligation to rationally use natural resources and conserve nature, criminal or, where appropriate, administrative sanctions, as well as the obligation to repair the damage caused will be established.

Despite the existence of different legal standards whose aim is to prevent the occurrence of accidents with consequences for the environment, it became clear the need for an environmental legislation concerning a system of environmental liability, allowing to effectively prevent environmental damage and, in case of guarantee repair of the same.

Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, which established a common framework for the first time, minimum compulsory contents for prevention and repair of environmental damage in the Member States responding to this need.

Law 26/2007, of October 23, environmental responsibility, which incorporated into the domestic legal order this directive, establishes a new administrative regime for environmental damages whereby operators that cause damage to the environment or threaten to cause it, should take appropriate measures to prevent or avoid its causation or, when the damage has occurred , to return them resources natural damaged to the State in which is found before the causation of the damage. Also, is sets that them operators of them activities included in its annex III should have of a warranty financial that les allow make facing the responsibility environmental inherent to the activity or activities that intend to develop.

Article 24 of the aforementioned law provided that the Government establish technical criteria that would assess the intensity and the extent of the environmental damage and determine the method that would guarantee a uniform assessment of scenarios of risks and the associated repair costs to each one of them, ensuring a uniform boundary of the definition of the coverages that are required for each activity or installation. The fixation of the coverage of such financial guarantees required have a method of calculating effective and homogeneous, that would not generate distortions in the functioning of the internal market and allow to define with precision and a minimum degree of certainty the economic pillar of the environmental risk to which it is exposed to an operator in the development of their economic and professional activities.

On both issues, the third final provision of law 26/2007, of October 23, empowers the Government, after consultation with the autonomous communities, to dictate, in their sphere of competence, the provisions necessary for the development and implementation of chapter IV of the law, concerning the legal regime of the financial guarantees, and annexes to the law , among which are annex I, on criteria to determine the significance of the damage to wildlife or habitats, annex II, on repairing environmental damage and annex VI the information that public administrations must provide to the Ministry of agriculture, food and environment, in terms of environmental responsibility.

Making use of this authorization, the Government approved Royal Decree 2090 / 2008 of 22 December, which approves the regulation of partial development of law 26/2007, of October 23, of environmental responsibility, which inter alia established the Commission technical prevention and remedying of environmental damage, established the methodological framework to determine the environmental damage and Depending on its scope, determine the necessary repair measures in each case, and it regulated the core issues of compulsory financial security, such as the determination of its amount, the modalities of the same - the endorsement, technique reservation and insurance - policy as well as the verification of the analysis of environmental risks and the minimum requirements of the verifiers.

(II article 28 of law 26/2007, of October 23, paragraphs a) and b), exempted certain operators from the obligation to establish financial security, based on the cost of the repair of the damage that could cause, even though it required all operators included in annex III, to an analysis of environmental risk with the consequent associated costs.

The experience acquired during the first years of this new environmental liability regime made it clear that the requirement to provide financial guarantee to all operators of annex III of the law, no more exemptions than those laid down in article 28, was somewhat disproportionate taking into account that not all the operators listed in annex III are themselves hazardous and accident rates.

Taking in has, both the important weight that this standard gives to them aspects preventive, as the obligation of that them operators included in the annex III repair with character objective and unlimited them damage environmental that could cause is as consequence of their activities, is considered timely exempt of the obligation of Constitution of warranty financial to them operators whose activities submit low risk of produce damage environmental without that therefore be objective and unlimited liability principles governing environmental liability act committed.

(By these reasons, through the article 32 of the Real Decree-Law 8 / 2011, of 1 of July, of measures of support to them debtors mortgage, of control of the expenditure public and cancellation of debts with companies and autonomous collapsed by them entities local, of promotion of the activity business and impulse of the rehabilitation and of simplification administrative, is modified the paragraph d) to the article 28 of the Law 26 / 2007 on 23 October, environmental responsibility, to provide for the possibility of exempting, by regulatory pathway, the obligation to establish compulsory financial guarantee, to some activities originally included within the scope of the law.

(Subsequently, through it law 11 / 2014, of 3 of July, by which is modifies it Law 26 / 2007, of 23 of October, of responsibility environmental, is has introduced a modification in the new paragraph d) of the article 28 of the law, on exemptions to the obligation of Constitution of warranty financial compulsory, with the purpose of establish them criteria attending to which is may perform such exemptions so that the operators of activities established by law, according to its low potential to generate environmental damage and low accident rate, shall be exempt from compulsory financial security, and shall also be exempt from making the same communication, provided for in article 24.3 of the law.

From another perspective, and for abound in them aspects preventive of it law, is sets that them operators that opt by constitute its warranty financial by the coverage maximum planned in it law-20,000,000 of euros-have that perform, mandatory, an analysis of them risks environmental of your activity, and communicate its Constitution to the authority competent according to the procedure planned in the article 24.3.

III must be remember that Directive 2004/35/EC, of 21 April 2004, establishes that Member States must take measures to encourage operators to use appropriate insurance or other forms of financial security and to foster the development of instruments and markets of financial guarantee. Specifically, article 14.1 of the directive states that Member States shall take measures to promote the development of economic and financial operators corresponding, of markets and instruments of financial security, including financial mechanisms in case of insolvency, so operators can rely on financial guarantees to cope with its responsibilities.

However, the directive not established a system of guarantees financial mandatory for them operators of the activities of its annex III, leaving it to the criterion of them States members.

The paragraph 14.2 of the directive also foresaw that, before April 30, 2010, the Commission to submit a report on the effectiveness of the directive in regard to the actual repair of environmental damage, on offer at reasonable costs and on conditions of insurance and other types of financial security for the activities listed in annex III , and if appropriate, make proposals for a harmonised compulsory financial guarantee system.

The European Commission published in October 2010 this report, which comes to the conclusion that, because of the lack of practical experience in the application of the directive, for the moment is not justified sufficiently the introduction of a harmonised compulsory financial guarantee system.


This report points out also that, to facilitate its application, all them systems of warranty financial compulsory should resort to an implementation gradual, set ones stops maximum for them guarantees financial, as well as exclude them activities of low risk.

At the recommendation of the report of the European Commission to a gradual implementation in the implementation of the system of obligatory financial guarantees, said the order ARM/1783/2011, of 22 June, by which establishes priorities and the timetable for the adoption of the ministerial orders which will be enforceable the mandatory financial security scheduled in the fourth final provision of law 26/2007, of October 23, environmental liability; recommendation set maximum financial guarantees stops is collected in law 26/2007, of October 23, in article 30, by setting a maximum limit of EUR 20 million; (and to the recommendation of exclude the activities of low risk responds this real Decree of modification of the regulation of development partial of it Law 26 / 2007, of 23 of October, through which is excluded, of time, of the obligation of constitute a warranty financial to them activities established in the new paragraph 2.b) of the article 37 of the regulation.

IV one of the main purposes of this Royal Decree is, accordingly, to comply with the mandate contained in the 28.d article) of the Act, established operators of activities which, according to its low potential to generate environmental damage and low accident rate, shall be exempt from the obligation to provide financial guarantee, and therefore analysis of environmental risks (, which are established in new paragraph 2.b) of article 37 of the rules of procedure.

In this new section 2.b) of article 37, collected activities whose operators are exempted from the obligation to provide financial guarantee, and therefore, for the communication to the competent authority referred to in article 24.3 of the Law 26/2007, of October 23 and in article 33 of this regulation. Operators of activities that are not exempt, which are those included in paragraph 2.a) article 37, shall be obliged therefore perform analysis of environmental risks, and in case that exceed the thresholds provided for in the law, the mandatory financial security.

On the other hand, is necessary stress that the exclusion of activities of the annex III of the law of the obligation of constitute warranty financial, not committed them objectives fundamental of the normative of responsibility environmental, that is regular them obligations of them operators of prevent, avoid and repair them damage environmental that can cause. Thus, regardless of the obligation or not constitute financial guarantee, all operators of annex III of the law continue to have an objective and unlimited responsibility in such a way that those who cause environmental damage or threaten to cause them, are obliged to take measures to prevent its causation or, when the damage has occurred, to return natural resources damaged the State which were before the causation of the damage.

Is necessary remind that, as is indicated in the preamble of the Law 26 / 2007, of 23 of October, not all them resources natural are protected by this law. They are only those that have no place in the concept of environmental damage. Similarly, not all the damage that suffer from these natural resources will generate environmental responsibility. So the law can be applied, is should be in presence of threats of damage or of damages properly such that produce effects adverse significant on a resource natural.

In law 26/2007, of October 23, and its partial development regulations, adopted by Royal Decree 2090 / 2008, will include a series of criteria for the determination of the significance of the damage, and given that this is a crucial operation, since the applicability of the system of environmental liability rests on it, used criteria that ensure objectivity in this work of appreciation referring, when it has been possible, as provided in rules for the determination of the significance of each natural resource damage.

Between these criteria to establish the significance of the damage, highlight them established in the article 16 of the regulation of development partial of the law, by reference to the resource natural affected. In this way, is established that damage to wild species and habitats will be significant when the changes experienced by the receiver to produce adverse effects relating to the maintenance of a favourable conservation status or to the possibility that this is achieved, and for this purpose shall take into account any available information of local , regional, national and community of the species or of the habitat affected that is relevant; damage to the waters will be significant if the receiving water body experiencing an unfavorable effect of its ecological, chemical and quantitative, State in the case of surface water or groundwater, or of its ecological potential for heavily modified and artificial water, who brings with him, in both cases, a change in the classification of that State at the time of the involvement , of conformity with it provisions in the regulation of planning hydrological approved by the Real Decree 907 / 2007, of 6 of July, and other legislation applicable; the damage caused to the soil will be significant if the receiver experiences an adverse effect that generates risks for human health or the environment, so that one can be described as contaminated soil in the terms established in the Royal Decree 9/2005, of 14 January, is establishing the relationship of activities potentially contaminants from the soil and the criteria and standards for the Declaration of polluted soils; and finally the damage to the banks of the estuaries and sea will be significant insofar as whether it harms experienced by the waters, soil or by wild species and habitats, in accordance with the provisions of the preceding paragraphs.

The scale of the assessment of the significance of the damage is a very important element, especially in resources wildlife species and habitats, as well as in the resource water, where the assessment should be at water level. This should have is in has at the time of evaluate the potential of generate damage environmental, i.e., damage that cause effects adverse significant, of the different activities of the annex III of the law.

Therefore, it is necessary to distinguish between the concepts of 'harm', and 'environmental damage', that within the scope of law 26/2007, of October 23, as set out in its article 2.1, which regulates the definitions, refers to those damages that result from significant adverse effects.

This is an element important that should have is in has in the establishment of them activities that is exclude of the obligation of constitute warranty financial, since, of the same mode that not all them damage that can cause them operators of the activities of the annex III of the Law 26 / 2007, of 23 of October, will generate always effects adverse significant , nor the activities of annex III of the Law 26/2007, have the same potential to generate damage that can produce significant adverse effects, and therefore generate "environmental damage".

V for the establishment of activities which are excluded from the obligation of financial security, in addition to the elements described above, has been conducted an analysis of the characteristics of the activities of annex III of law 26/2007, 23 October and especially for its potential to cause environmental damage and its level of accident rate.

In this analysis is has had in has, hand the prioritization of them activities included in the annex III of the Law 26 / 2007, of 23 of October, starting from the valuation of three criteria related with the risk environmental of each sector professional, made for the drafting of the order ARM / 1783 / 2011, of 22 of June , and on the other hand, an analysis of the available information on the most common accidents that have occurred in recent years in different industrial sectors, with consequences on the environment.

From this analysis for each of the activities in the annex III of law 26/2007, of October 23, is concluded that operators of activities with greater potential to cause environmental damage and higher level of accident rate are as follows: first, include operators included in the scope of the Royal Decree 1254 / 1999 , of 16 of July, by which is approve measures of control of those risks inherent to them accidents serious in which involved substances dangerous. These operators stand out for their potential risk of generation of accidents.


In second place, would be them operators included in the law 16 / 2002, of 1 of July, of prevention and control integrated of the contamination, since in the scope of this law is include facilities whose processes productive is characterized by a certain complexity, and whose potential of pollution environmental is high, since produce a greater volume of product , it is estimated that the consumption of raw materials and chemicals, both the generation of waste, many of them dangerous, are high, which can cause significant environmental damage in case of accident.

Thirdly, whereas the accidents that have occurred in recent years and its severity, include in facilities dedicated to the management of waste from extractive industries, in particular the rafts of mining waste-related accidents. These activities is are regulated in the Real Decree 975 / 2009, of 12 of June, on management of them waste of them industries extractive and of protection and rehabilitation of the space affected by activities mining, and in said real Decree is identify them facilities classified as of category to, as those that present a greater risk of having accidents serious.

During the processing of this Royal Decree, the text of the article 28.d) of law 26/2007, of October 23, with the wording of article 32 of the Royal Decree-Law of July 1, gave the Government the authority to exempt by regulation activities of annex III of the law of the obligation to provide financial guarantees. (Subsequently, the law 11 / 2014, of 3 of July, pointed out the drafting of the mentioned article 28.d), establishing that these exemptions is would make attending to the scarce potential of generate damage environmental and low level of accidents of them activities of the annex III of the law.

However, it is necessary to emphasize that the analysis of the characteristics of the activities of annex III of the Law 26/2007, of October 23, on which is based the exemption from the requirement of financial security that is included in article 37 of the rules of procedure, took into account, since the beginning of the processing of this Royal Decree , the potential of causing damage environmental and the level of accidents of the same. This was the reason why in the amendment of the wording of article 28 d) of law 26/2007, of October 23, conducted by the law 11/2014, of 3 July, introduced these criteria, to make them match which had been used for the determination of activities to exempt from the compulsory financial guarantee , the draft royal decree amending the regulation of partial development of the law which was in the pipeline.

(As result of the analysis of the rest of the activities of the annex III of the Law 26 / 2007, of 23 of October, not included in the paragraph 2.a) of the article 37 of the regulation, made from the home of the processing of this real Decree, is concludes that them operators of such activities, whenever not are included in none of them alleged of said paragraph , and especially in the scope of the Royal Decree 1254 / 1999, of July 16, nor of the law 16/2002, of July 1, have a lower potential to generate environmental damage and low level of accidents, within the framework of law 26/2007, of October 23. For this reason, these activities, as are contained in new paragraph 2.b) of article 37 of the rules of procedure, are exempted from the obligation to establish financial security and analysis of environmental risks.

(However, these exemptions is established without prejudice of the need of perform the study planned in the paragraph 2.b) of the article 37, in a term maximum of five years from the entry in force of this real Decree, taking as base the calendar of the order ARM / 1783 / 2011, of 22 of June, that update the evaluation of the potential of generate damage environmental and the level of accidents of these activities. In the light of the results of this study, there will be adaptations that, if any, are appropriate.

Is necessary also clarify that them exemptions to the obligation of constitute warranty financial in the field of it Law 26 / 2007, of 23 of October, is established without prejudice of that continues existing, for them operators of these activities exempt of the warranty financial planned in the Law 26 / 2007, of 23 of October, the obligation of constitute them guarantees financial to which are subject under others standards sectoral specific.

Finally, should be stressed that, regardless of the obligation or not of financial security, all operators of annex III of the Act that may cause environmental damage or threaten to cause them, are obliged to adopt the necessary measures to prevent its causation or, when the damage has occurred, to return natural resources damaged the State which were before the causation of the damage , by what the character eminently objective and unlimited, based in them principles of prevention and of who pollutes pays, of the regime of responsibility environmental established in the Law 26 / 2007, of 23 of October, not is sees altered by them exemptions to the obligation of constitute warranty financial planned in the present real Decree.

VI the fourth final provision of law 26/2007 of 23 October, establishes that the date from which the Constitution of financial security shall be enforceable mandatory for each of the activities of annex III, shall be determined by order of the Minister of agriculture, food, and environment, agreement of the delegate Commission of the Government for Economic Affairs prior consultation to the autonomous communities and the sectors concerned. It also sets these ministerial orders will be approved as of April 30, 2010.

In this sense, the 29 of June of 2011 is published in the «newsletter official of the State» the order ARM / 1783 / 2011, of 22 of June, by which is sets the order of priority and calendar for the approval of them orders Ministerial starting from which will be callable it warranty financial compulsory, planned in the available end fourth of the Law 26 / 2007 , 23 October, environmental liability.

The order ARM / 1783 / 2011, of 22 of June, made a classification of the activities economic and professional listed in the annex III of the Law 26 / 2007, of 23 of October. From this classification, the order established the following timetable: ministerial orders which will be enforceable mandatory financial security sectors of activity which are classified with the priority 1 level, they will be published between the two to three years following the entry into force of this order, those relating to the sectors classified with the priority 2 level will be published between three and five years following , and those relating to the sectors of activity which are classified with the priority 3 level will be published between five and eight years after the entry into force of the order.

It should be noted that, dated July 3, 2014, adopted the law 11/2014, modification of law 26/2007, of October 23, environmental responsibility, and that by this Royal Decree will be to introduce modifications in the regulation of partial development of the mentioned Law 26/2007, of October 23.

These modifications have as their primary aim to reduce administrative burdens and simplify administrative procedures referred to in the regulation of environmental responsibility, especially that of determination of financial security, as well as define the operators who are exempted from the obligation to provide financial guarantee, and therefore carry out the analysis of environmental risks, and responding to the requirement of financial security required operators.

Therefore, due to the major implications of these policy changes in relation to the establishment of compulsory financial security, there has been a delay in the publication of the ministerial order that set the date of entry into force of the financial guarantee for the activities classified with priority level 1, with respect to the timetable initially contemplated the order ARM 1783 / 2011.

On the other hand, it order ARM / 1783 / 2011, of 22 of June, established that the orders Ministerial starting from which will be callable it warranty financial compulsory to them sectors of activity that are classified with the level of priority 2 is would publish between them three and five years following to the entry in force of such order ministerial.

Therefore, and given that more than three years have passed since the publication of the order ARM/1783/2011, June 22, after the entry into force of this Royal Decree, will start the processing of the ministerial order that set the date from which the Constitution of the compulsory financial guarantee provided for in article 24 of law 26/2007 will be payable , of 23 of October, for the activities of the annex III of the Law 26 / 2007, of 23 of October, that maintain this obligation, classified with level of priority 1 and 2, according to the annex of the order ARM / 1783 / 2011, of 22 of June.


The ministerial orders relating to the sectors of activity which are classified with the priority level 3 in accordance with the annex to the order ARM 1783 / 2011, June 22, will be posted between five and eight years after the entry into force of this order, i.e. between 22 June 2016 and June 22, 2019.

Taking into account these deadlines, and considering that you most of the activities which are exempted from the obligation to provide financial guarantee pursuant to new paragraph 2.b) of article 37 of this regulation, are classified with priority 3 in the ARM/1783 order level/2011, June 22, the study which updated the assessment of the potential damage to the environment and the level of accidents is intended (of them activities of the annex III of the law, to them effects expected in the article 28.d) of it Law 26 / 2007, of 23 of October, so in your case is adopt them measures necessary for its inclusion in it obligation of constitute warranty financial in a term of five years from the entry in force of this real Decree.

Thus matched both times, on the publication of the ministerial order fixing the date of entry into force of the financial guarantee for activities classified with priority 3 level, and the study from which decide, where appropriate, the inclusion in the obligation to provide financial guarantee of some of the activities that are now exempt. Thus, this inclusion of activities now exempt of the obligation of Constitution of warranty financial could take is to out without need of alter the calendar planned for the publication of such order ministerial.

VII aside from the development of these provisions of law 26/2007, of October 23, it is necessary to carry out other changes to their rules of partial development, with the primary goal of reduce the administrative burden to the operators and simplify administrative procedures referred to therein, singularly determination of financial security. Also and in that line of simplification, is eliminates the requirement of the verification of them analysis of risks environmental, and is replaces by a statement responsible from the operator of that the cited analysis and the Constitution of the warranty financial, is have led to out complying with all them requirements taxes for this in the law and the regulation.

As provided for in article 24.3 of the Law 26/2007, of October 23, the calculation of the amount of the mandatory financial security should start from an analysis of environmental risks, whose scope and content takes place in the regulation of partial development of the law.

With this Royal Decree, amending the wording of article 33, which established that, for the fixing of the amount of the financial guarantee, you should take as starting point the analysis of environmental risks which must: identify accidental scenarios and their probability of occurrence; establishing the monetary value of the damage associated with each scenario from the quantification of the damage and the cost of primary repair and determine the risk associated with these scenarios, understood as the product of the probability of occurrence and the value of the damage of each scenario. Select accidental lower associated cost scenarios grouping 95 per cent of the total risk and, finally, establish as a proposal for the amount of the guarantee, the highest environmental damage among the selected scenarios.

Modifies this wording by introducing a new method that greatly simplifies the process of fixing the amount of the financial guarantee to the operator, following at the same time a coherence with the previous procedure.

This new method is in first place in identify them scenarios accidental and its probability of occurrence, step that already was planned in the writing earlier.

Secondly, the operator must estimate an index of environmental damage associated with each accidental scenario, novelty in this new procedure, following the steps provided for in the new annex III to the regulation. The index of damage environmental (IDM) has by object estimate the damage associated to each scenario accidental, and is based in a series of estimators of the amount of resource damaged and of them costs of repair of them resources natural covered by it Law 26 / 2007, of 23 of October, offering a result semi-quantitative, but that allows order by order of magnitude them scenarios accidental depending on them potential damage environmental that 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 rate of environmental damage. As fourth step, is should select those scenarios with lower index of damage environmental associated that grouped the 95 percent of the risk total.

Finally, the amount of the financial guarantee as the value of the environmental damage of the scenario with the highest environmental damage between the accidental scenarios selected index will be established. For this in first place, is quantify the damage environmental generated in the scenario selected, and in second place, is monetize the damage environmental generated in said scene of reference, whose value will be equal to the cost of the project of repair primary.

Where primary repair for the baseline scenario for the calculation of the financial guarantee, consist entirely of natural recovery, the amount thereof shall be equal to the value of the damage associated with the accidental scene with the highest index of environmental damage among the selected scenarios whose primary service is distinct from the natural recovery.

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

The index of environmental damage, aims to estimate the damage associated with each scenario accidental. The methodology of calculation of the IDM is based in a series of estimators of them costs of repair of them resources natural covered by the Law 26 / 2007, of 23 of October, offering a result semiquantitative that in no case can interpret is as the value real of the damage associated to each scenario. The relationship envisaged between the value of the IDM and the value of the damage environmental is that both increase in the same direction - a higher value of the greater IDM is the estimated value of the damage, there is a mathematical relationship that relates the value of the IDM with the real value of the cost of repair of the damage associated with each accidental scenario. The IDM equation may be used exclusively for different groups of combinations of causative agent of damage and potentially affected resources that are represented in table 1 of annex III. The user must select the combination or combinations agente-recurso that are considered relevant for the scenario that is evaluating and proceed to calculate your IDM, using the above equation and tables included in subsequent paragraphs for each group. These tables are structured into two blocks, a first block that includes tables with the coefficients and the modifiers for each group and a second block with values that can acquire different modifiers (MAj, MBD, MCj) and who shall be selected by the user.

On the other hand, the regulation envisaged that the analysis of risks environmental should be verified by a body accredited, anticipating that outside it authority competent which will determine the amount of it warranty financial after it checking of the compliance of them requirements formal of it proposed presented by the operator in his analysis of risks environmental. With the new wording of this article 33, the operator shall provide to the competent authority a declaration responsible for performing the operations provided for in this article, which will contain, at a minimum, the information that is included in the new annex IV to the regulation. In this way eliminates the procedure of verification of the analysis of environmental risks, so it is deleted the section 3 of chapter III on verification of the environmental risk analysis.

VIII the remaining amendments introduced by Royal Decree on the regulation of partial development of the Act, are intended to clarify, correct, or delete certain aspects thereof, in the light of the experience gained during the years since its entry into force.

In first place, is introduces a modification of the article 38 in relation to the update of it amount minimum of it warranty financial, so it claims minimum that is has of ensure is updated in them terms that is indicate in it policy or in the corresponding instrument of Constitution of warranty financial, or to instance of the authority competent in them cases in which is provides for necessary for the compliance of the law.


In addition, amending article 44 on compensation fund for environmental damage of the Consorcio de Compensación de Seguros, in line with the amendment of article 33 of the Law 26/2007, of October 23, introduced by law 11/2014, of 3 July, in order to adapt it to the current situation of national legislation under which it is constituted and operates a system of liquidation of insolvent insurance companies , that is managed by the consortium of compensation of insurance, and that, «de-facto», is a mechanism of warranty for them insured of all them ramos of the safe, that would operate also, arrived the case, in relation to the coverage of liability environmental. Accordingly, and to avoid duplication, suppresses the insolvency fund referred to in the original wording of the article, keeping which is intended to extend insurance coverage for damages occurring during the policy period but with deferred manifestation.

With the new wording of the third additional provision, it introduces the possibility that those holders of economic or professional activities which are subject to other rules to the obligation to provide guarantees or hire insurance covering damage to people, things and the restoration of natural resources, may well replace those bonds and insurance by others through which cover also the responsibilities derived from law 26/2007 , 23 October, either complement them with this same purpose. With the previous formulation of this third additional provision, this possibility was restricted exclusively to those bonds or insurance under earlier provisions to law 26/2007, of October 23.

Is makes necessary, also, modify the available end first on realization of the analysis of risks environmental. In this regard, it is worth remembering that on June 29, 2011, was published in the «Official Gazette» ARM/1783 order/2011, of 22 June, by which establishes priorities and the timetable for the adoption of the ministerial orders which will be enforceable the mandatory financial security , planned in the available final fourth of the Law 26 / 2007, of 23 of October, of responsibility environmental.

With the new wording of the first final provision, the realization of the analysis of environmental risks that are necessary for the calculation of the amount of the financial guarantee provided in chapter III, shall not be conducted mandatory until the date from which the Constitution of the compulsory financial guarantee which will be fixed for each sector of activity become chargeable , by them orders Ministerial to which is concerns the provision final fourth of the Law 26 / 2007, of 23 of October. On the other hand, the report models of environmental risks type of each sector or, in your case, the corresponding methodological guide as well as tables of scales, must be informed favorably by the Technical Committee for the prevention and remedying of environmental damage, the date from which the establishment of the financial guarantee required for each sector of activity become chargeable so that operators can use these voluntary instruments as a basis for its analysis of environmental risks and the amount of mandatory financial security.

Finally, in relation to the methodology for the calculation of the complementary and compensatory remedies introduced in annex II, section III 'Analysis of equivalence of resources', paragraph 4, the previous wording stated that the estimation of the loss of natural resources or the services will be discounting to the reference year (meaning the year of claim) the flow of losses and gains of those resources or services flow generated by the project of repair. To this end, and in General, the operator will take a reference value of the discount rate of 75 per cent of the average interest rate of the last auction of 10-year State obligations, previous to the time of the claim. In any case the reference value of the discount rate may be lower than 1 percent. Where the horizon temporary of repair is superior to 30 years, is will employ a method of discount of type hyperbolic, i.e., based on a rate of discount variable and decreasing with the time.

This reference to the method and the discount rate has been in practice that should be changed given the complexity of the application of the method of hyperbolic discount and the range of variation of the discount rate, and their wording is changed so that in General, the operator will take a reference value of 3 percent discount rate and will employ a method of exponential type discount.

IX the real Decree is structure in a single article, of modification of the regulation of development partial of it Law 26 / 2007, of 23 of October, of responsibility environmental, approved by the Royal Decree 2090 / 2008, of 22 of December, that is divided in seventeen paragraphs. Through them paragraphs numbered of the one to the fifteen is modify them articles 3, 25, 33, 34, 35, 36, 37, 38, 40, 44, the available additional third, the available additional sixth, the available end first, and the annex II, and also is eliminates the section third of the chapter III on «verification of the analysis of risks environmental». Them paragraphs sixteen and seventeen created two new annexes to the regulation: the annex III («methodology for the estimation of an index of damage environmental associated to each scenario accidental»), and the annex IV («content minimum of the statement responsible planned in the article 33»). In addition, the Royal Decree envisages a single transitional provision on the determination of the amount of the mandatory financial security by operators whose sector filed to report of the Technical Committee on prevention and remedying of environmental damage, analysis of sectoral environmental risks or tables of scales, within the six months following the entry into force of this Royal Decree.

This Royal Decree is issued in accordance with the third final provision - paragraph first - law 26/2007, of October 23, which empowers the Government to issue, in their sphere of competence, many provisions are necessary for the development and implementation of chapter IV and annexes of the law, and in accordance with article 28.d) of the same that empowers the Government to establish the activities whose operators shall be exempt from the obligation to provide financial guarantee.

The Technical Committee for the prevention and remedying of environmental damage has participated in the elaboration of this Royal Decree, have been consulted the organizations representing the sectors concerned and it has been subjected to the process of public and information sent to the Board Advisor of environment, in application of the provisions of the law 27/2006, of July 18, which regulates the rights of access to information public participation and access to justice in environmental matters.

Finally, it should be noted that the criteria which allude to the low potential to generate environmental damage and the low level of accident rate, to determine by regulation the operators of activities which shall be exempt from compulsory financial security, introduced through law 11/2014, of 3 July, amending the Law 26/2007, of October 23 (, in subparagraph (d)) of article 28 of the Act, are the same criteria that were taken into account in the drafting of the draft royal decree amending the regulation of partial development of the law, which was submitted to public information, as well as the versions of the rest of the procedures. Therefore, all operators of activities which are exempted, as well as those that maintain the obligation to establish financial security, have been consulted since the start 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 the article 28.d) of law 26/2007, by law 11/2014, of 3 July, since these criteria match which were used from the beginning to its realization.

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

By virtue, on the proposal of the Minister of agriculture, food and environment, with the prior approval of the Minister of finance and public administration, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of March 13, 2015, HAVE: single article. Modification of the rules of procedure of partial development of law 26/2007, of October 23, environmental responsibility, approved by the Royal Decree 2090 / 2008 of 22 December.

The regulation of partial development of law 26/2007, of October 23, environmental responsibility, approved by the Royal Decree 2090 / 2008 of 22 December, is to be re-worded as follows: one. The article 3 is worded in the following terms:


«Article 3. Commission technique of prevention and repair of damage environmental.

1. you create the Technical Committee for the prevention and remedying of environmental damage as technical cooperation and collaboration between the General Administration of the State and the autonomous communities for the exchange of information and advice for prevention and repair of environmental damage.

(2. it Commission technical of prevention and repair of damage environmental is attached to the Ministry of agriculture, power and environment through the address General of quality and evaluation environmental and half Natural and shall exercise the following functions: to) emission of recommendations and elaboration of guides methodological on analysis of risks, prevention and repair of damage environmental.

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

(c) proposal for designation of the body or bodies for the processing of administrative records of demand for environmental responsibility when circumstances that referred to in article 7.4 of the Law 26/2007 of 23 October, and thus public administrations concerned agree.

(d) proposal for amendment and adaptation of the legislation on environmental liability for technical, scientific, economic or legal progress.

(e) preparation of studies on implementation of analysis of risks environmental and systems of management of those risks, on execution of projects of restoration of damage environmental and on evolution of the market from them guarantees financial in the field of the environment.

(f) compilation of statistics on environmental damage and environmental restoration projects.

(g) promote cooperation and collaboration between public administrations with competences in the field of repair of environmental responsibility and proposing collaboration protocols collected in the fifth final provision of law 26/2007, of October 23.

(h) inform models of environmental risk report type («MIRAT») or where appropriate methodological guidelines referred to in article 35, as well as tables of scales them referred to in article 36.

(i) any other function of exchange of information or advice on issues relating to the matters regulated by this regulation that may be entrusted by the Ministry of agriculture, food and environment or the autonomous communities.

(3. it Commission technical of prevention and repair of damage environmental will be presided over by the Director General of quality and evaluation environmental and half Natural of the Ministry of agriculture, food and environment, will hold the Vice President one of them representatives of them communities autonomous and will be integrated by them following vocal: to) by it Administration General of the State, sixteen vocal, with category of Deputy Director General or equivalent and designated by the Undersecretary corresponding. Eleven of the members shall 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 promotion.

The other five will be appointed by the Ministry of agriculture, food and environment: three by the General Directorate of quality and environmental assessment and Natural Environment; one by the General direction of sustainability of the coast and the sea and the other by the General direction of the water.

(b) a vocal designated by each an of the communities autonomous.

(c) a member appointed by each of the cities of Ceuta and Melilla.

(d) a vocal representative of local authorities, appointed by the Association of State level with higher implantation.

4. for each one of them members of the Commission technical of prevention and repair of damage environmental, is shall appoint an alternate. A representative of the autonomous community will act as alternate for the President, a General Deputy Director of the Ministry of agriculture, food and environment, and as alternate for the Vice President.

Will act as Secretary, with voice and without vote, an official of the Ministry of agriculture, food and environment.

5. in order to carry out the necessary preparatory work for the exercise of its functions, the Commission may agree to the establishment of committees of specialized composition involving renowned experts and representatives of business, trade union organizations and non-governmental organizations whose purpose is the defence of the environment, attention to the matter concerned in each case.

"6. the Commission shall adopt its rules of operation, shall comply with the provisions contained in chapter II of title II of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure."

Two. (Letter f) article 25.1 happens to be called letter e).

Three. Article 33 is worded as follows: «article 33. Compulsory financial security and communication to the competent authority.

1. of conformity with it willing in the article 24.1 of the Law 26 / 2007, of 23 of October, them operators of them activities included in the annex III of the law, without prejudice of them exemptions planned in its article 28, must have of a warranty financial that les allow make facing it responsibility environmental inherent to its activity.

2 the calculation of the amount of the financial guarantee will depart from the analysis of environmental risks of the activity containing the following operations: to) identify accidental and establish the probability of occurrence of each scenario.

(b) estimate an index of damage environmental associated to each scenario accidental following those steps that are established in the annex III.

(c) calculate the risk associated to each scenario accidental as the product between the probability of occurrence of the scenario and the index of damage environmental.

(d) select the scenarios with lower index of damage environmental associated that grouped the 95 per cent of the risk total.

(e) establish the amount of the guarantee financial, as the value of the damage environmental of the scenario with the index of damage environmental more high between them scenarios accidental selected. For it is will continue to the following steps: 1 in first place, is quantify the damage environmental generated in the scenario selected.

2nd in second place, is monetize the damage environmental generated in said scene of reference, whose value will be equal to the cost of the project of service primary.

Where the repair primary corresponding to the stage of reference for the calculation of it warranty financial consist entirely in it recovery natural, the amount of the same will be equal to the value of the damage associated to the scenario accidental with greater index of damage environmental between them scenarios selected whose repair primary is different of it recovery natural.

3 Once calculated the amount of the compulsory financial guarantee, will be added to the costs of prevention and avoidance of damage, for which calculation operator may: to) apply a percentage of the total amount of compulsory warranty.

(b) estimate such costs of prevention and avoidance through the analysis of environmental risks.

In any case, the amount of the expenses for the prevention and avoidance of damage will be, at a minimum, ten percent of the total amount of the security determined in accordance with the preceding paragraphs.

4. once constituted financial guarantee by the operator, this will file, to the competent authority for a statement have made such financial security, and performing the operations provided for in this article, which shall contain at least the information included in annex IV.1. The competent authority shall establish the corresponding control systems enabling you to check compliance with these obligations. This amount shall be of minimum and will not condition or limit in any sense the power of the person concerned constitute a guarantee amounting to one greater, by the same or other instruments.

«And b) of article 28 of law 26/2007, of October 23, must be submitted to the competent authority a responsible statement which shall contain at least the information included in annex IV.2.»

Four. Article 34 is worded as follows: «article 34. Development of the analysis of risks environmental.

1. the analysis of risks environmental will be carried out by the operator or a third contracted by this, following the scheme established by the standard UNE 150.008 u others standards equivalent. (Also, with a grade of detail suitable to the character hypothetical of the damage, in the development of the analysis of risks must use is them criteria collected in the chapter II concerning them following parameters: to) the characterization of the environment where is located the installation.

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


(c) the extension, intensity and scale temporary of the damage, to the stage with the index of damage environmental more high, selected in accordance with the procedure established in the article 33.

(d) an evaluation of the significance of the damage.

(e) the identification of measures of primary repair.

(However, for the quantification is will have in has them following rules: f) the uncertainty associated to the estimate of the magnitude of the damage environmental of a hypothesis of accident, is delimit preferably with the use of models of simulation of the behavior of the agent causing of the damage environmental.

(g) the acute, chronic and potential damage is equivalent to a loss of natural resource or service of natural resource of a 75, 30 and 5 percent, respectively.

2. the risk analysis shall take into account to what extent systems of prevention and management of risk adopted by the operator, permanently and continuously, reduce the potential environmental damage that may result from the activity.

«3. the operator update the analysis of risks environmental whenever it deems appropriate and in all case, when is produce modifications substantial in it activity, in the installation or in the authorization substantive.»

5. Paragraph 4 of article 35 is drawn up in the following terms: "4. the Ministry of agriculture, food and environment will give publicity in its electronic headquartes of the report models of environmental risk type and methodological guides reported favorably by the Technical Committee for the prevention and remedying of environmental damage."

6. He paragraph 1 of the article 36 is drafted in them following terms: «1. for the calculation of the amount of it warranty financial mandatory for sectors or subsectors of activity or for small and medium companies that, by its high grade of homogeneity allow the standardization of their risks environmental, by be these limited, identifiable and known, is may use them tables of scales that these develop» , prior favourable report of the Technical Committee for the prevention and remedying of environmental damage.

In all case, them parameters that is used to develop these tables of scales must establish is in relation to the intensity and extension of the damage that the activity of the operator can cause. In addition, the calculation method shall ensure primary repair cost coverage.

«He Ministry of agriculture, food and environment will give advertising in its headquarters electronic of them tables of scales informed favorably from the Commission technical of prevention and repair of damage environmental.»

7. Article 37 is worded as follows: «article 37. Exempted operators provide financial guarantee.

1 to determine the cases of exemption from the obligation to provide financial guarantee in accordance with the letters a) and b) of article 28 of law 26/2007, of October 23, will any of the instruments of analysis of risks and calculation of the amount of the financial guarantee provided for in this regulation.

((2. in relation to them alleged of exemption of the obligation of constitute warranty financial of conformity with the letter d) of the article 28 of the Law 26 / 2007, of 23 of October: to) will be forced to constitute it warranty financial, and therefore to make it communication to it authority competent planned in the article 24.3 of the Law 26 / 2007 23 October, and in article 33 of this regulation, operators of activities of annex III of the Act: 1 activities and facilities subject to the scope of the Royal Decree 1254 / 1999, 16 July, laying down control measures of the risks inherent in serious accidents involving hazardous substances.

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

3rd operators that have mining waste facilities classified as category A according to what is established in Royal Decree 975/2009 of 12 June, on management of waste from extractive industries and of protection and rehabilitation of the area affected by mining activities.

((b) in response to its low potential to generate environmental damage and low accident rate, shall be exempt constitute compulsory financial security, as well as to carry out the communication provided for in article 24.3, the operators of other activities of annex III of the Law 26/2007, of October 23, provided that are not included in any of the assumptions of paragraph 2.a) earlier.

In the frame of the Commission technical of prevention and repair of damage environmental, in the term of five years from the entry in force of this real Decree, is held a study that update the evaluation of the potential of generate damage environmental and the level of accidents of all them activities of the annex III of the Law 26 / 2007, of 23 of October (, other than those listed in the subsection to) above. Such evaluation may give rise to the revision of the operators of the remaining activities of annex III which, according to its low potential to generate environmental damage and low accident rate are exonerated of compulsory financial security, as well as to carry out the communication provided for in article 24.3, not be included in any of the assumptions of paragraph 2.a) earlier.

3. operators of activities exempt from the financial guarantee provided for in law 26/2007, of October 23, will be subject to the obligation to constitute the financial guarantees provided for in sectoral or specific standards that are them, where appropriate, of the application.»

8. Article 38 is worded as follows: «article 38. The minimum amount of financial security update.

The minimum amount which is to be secure will be updated in the terms indicated in the policy or in the instrument of financial security, or a reasoned request of the competent authority. In any case, the operator may request financial security update when you update your risk analysis.»

9. Paragraphs 1 and 2 of article 40 are written in the following way: "1. the financial assurance for environmental responsibility is established by each economic activity, professional or authorization related in annex III of the Law 26/2007, of October 23, without prejudice to the exemptions provided for in its article 28 and the provisions of the following sections.»

2 when the operator develops its activity in more than one installation, regardless of which is subject to the same or to different authorizations, you can choose between these two options: to) the Constitution of independent guarantee instruments for each installation.

(b) the inclusion, in a single instrument of guarantee, the activity of all facilities. Risk analysis as a starting point for the fixing of the amount of this guarantee instrument shall perform each installation or, if you opt for a single document, underscore is for each installation, in accordance with all the requirements laid down in this regulation for the risk analysis.

(c) exceptionally, when permitted by the degree of homogeneity of the facilities and their associated risks, and thus it derived from its risk analysis, an operator can guarantee a set of facilities that is holder through a unique guarantee instrument, whose amount will be the highest of the resulting after calculating the guarantee corresponding to each of these facilities.

In the cases of paragraphs b) and (c)), the guarantee instrument will incorporate a clause in order to ensure that by an accident occur in any of the facilities, the guarantees are not depleted or reduced for the rest. Also in these cases the statement responsible for having set up a financial guarantee may be made to the competent authority of the autonomous community in which is the registered office of the operator or will locate the installation with the amount of financial guarantee highest. The operator shall inform the competent authority in the territory of the remaining facilities financial security.»

10. The paragraphs 3 and 4 of the article 44 are written of the following form: «(3. the Fund not grant coverage for: to) them activities whose safe have been cancelled before cesar it activity.»

(b) the damages that have been generated after cesar activity, have left facilities with polluting potential, without complying with mandatory measures to avoid that risk.

(c) the facts, damage or responsibilities that had not had coverage in the safe if had been the policy in force.


(d) the pollution episodes that are reliably discovered for the first time within three years since the cessation of the insured activity took place. For these purposes, is considered the date of cessation of activity ensured that concluded the mandatory operations for sanitation or decommissioning of installations for the purpose of preventing future contamination, either one in which the insured ceased to carry out any activity in the installation.

(e) those episodes of pollution that are claimed by first time after elapsed the term of application intended in the article 4 of the Law 26 / 2007, of 23 of October.

4. the responsibilities of the Fund shall be consistent in each case with 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 October 23, and shall be limited to the total amount established in the same.

«In the event that, during the period of validity of the safe or them safe successive, the sum assured is has modified, the Fund will cover a sum assured equivalent to it half arithmetic of them sums secured during them last five years, as maximum, in that them safe have State force, counting from the year in that is produced the damage environmental.»

Eleven. Section 3 of chapter III, on «Verification of environmental risk analysis» twelve shall be deleted. The available additional third is worded in the following terms: «provision additional third.» Adaptation of the existing insurance.

1. those holders of activities economic or professional that besides by the Law 26 / 2007, of 23 of October, are subject by others standards, to the obligation of provide bonds or hire safe of responsibility that cover damage to them people, to them things and to the restoration of them resources natural may, well replace such bonds and safe by others through which is cover also them responsibilities that derived of it Law 26 / 2007 , 23 October, or complement them with this same purpose.

2. for the fixing of the amounts which must be secured in accordance with the aforementioned law, operators used the criteria laid down in this regulation with respect to the damage to the environment.»

13. The sixth additional provision is drafted in the following terms: "sixth additional provision. Adaptation of analysis of risks environmental existing.

Those holders of economic or professional activities which are subject to the obligation to carry out analysis of environmental risks, by environmental regulations prior to law 26/2007, of October 23, may be a single risk analysis provided that it meets the goals and requirements already laid down in the sectoral rules which provide for them both the environmental liability regime.

In the event that the operators already have analysis of environmental risks they may adapt them to the requirements of law 26/2007, of October 23, and the provisions of this regulation.»

Fourteen. The first final provision is couched in the following terms: 'first final provision. Realization of environmental risk analysis.

1. the realization of the analysis of environmental risks that are necessary for the calculation of the amount of the financial guarantee provided for in chapter III should not carry out mandatory until the date from which the Constitution of the compulsory financial guarantee which will be fixed for each sector of activity, through ministerial orders referred to in the fourth final provision of law 26/2007 become chargeable , 23 October.

«2. them models of report of risks environmental type of each sector or, in its case, the Guide methodological corresponding, as well as them tables of scales, deberanestar informed favorably by the Commission technical of prevention and repair of damage environmental, before the date starting from which is callable the Constitution of it warranty financial compulsory for each sector of activity.»

15. Paragraphs 2 and 4 of section III of annex II are drawn up in the following way: «2. the operator shall determine both the irreversible natural resources or natural resources services occuring as a result of the environmental damage and temporary losses until they reach the basic State, and earnings of resources or services obtained through the service.» «» 4. the estimation of the loss of natural resources or the services will be discounting the reference year (meaning the year of claim) the flow of losses and the flow of profits of such resources or services generated by the repair project.

«For this purpose and with character general, the operator will take a value of reference of the rate of discount of the 3 per cent and will employ a method of discount of type exponential.»

Sixteen. Add an annex III with the following content: «ANNEX III methodology for the estimation of an index of environmental damage associated with each scenario accidental index of environmental damage, on WDR, which referred to in article 33 of this regulation aims to estimate the damage associated with each scenario accidental. The IDM can be used whenever damage is deemed relevant and reversible, i.e., that repair may retrieve the same resources as those that have originally been affected.

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

The general equation for the calculation of the IDM is as follows: where: IDM, is the index of environmental damage.

ECF, is the estimator of the fixed cost of the repair project for the dano-recurso causative agent combination potentially affected i.

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

B, is the multiplier of the estimate of quantity, being the result of multiplying the values of the modifiers that affect the estimate of quantity (MBj) for each agente-recurso combination i. Its formula is: α, represents the amount of agent involved in the damage.

EC, represents the relationship between the units of resource affected and the units of agent involved in the damage to each combination agente-recurso i.

p, is a constant that only acquires a nonzero value for damages to the continental or marine bedding.

MACC, is the amount of agent associated to the accident, measured in tonnes, in the case of damage to the bedding continental or marine. In the remaining combinations agente-recurso this parameter takes value zero.

q, is a constant that acquires value 1 for all the combinations agente-recurso, except for those that involve damage to the bedding continental or marine in which adopts a value specific.

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

ECC, is the estimator of the cost of consulting of the project of repair, expressed as a percentage of the estimators earlier, for the combination agente-recurso i.

i, makes reference to each an of the combinations agente-recurso i considered in the table 1 of the present annex.

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

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

In case of scenarios that provide for the condition to several areas, 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 damage to water marina, to the bed continental or seafloor is assigns a value to b equals 0.

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


The equation of the IDM is used for the different groups of combinations of agent causing of the damage and of resource potentially affected that is represent in the table 1. In this way, any environmental damage can be assessed according to the combinations agente-recurso identified in the table. He user must select the combination or combinations agente-recurso that is consider relevant for the scenario that is evaluating and proceed to calculate your IDM, using the mentioned equation and them tables that is collected in them paragraphs subsequent to each group. These tables are structured into two blocks, a first block that includes tables with the coefficients and the modifiers for each group and a second block with values that can acquire different modifiers (MAj, MBD, MCj) and who shall be selected by the user.

Table 1: groups of causative agent of dano-recurso affected natural resource water bed continental and marine soil Bank of the sea and of the rias species marine Continental vegetable animals surface underground agent causing of damage chemical VOC halogenated Group 1 group 2 Group 5 Group 9 group 10 Group 11 Group 16 VOC non-halogenated COSV halogenated non-halogenated fuels and CONV COSV





Grupo 7






Sustancias inorgánicas





 





 






Explosivos





 





 






Físico





Extracción/Desaparición





 





Grupo 3





Grupo 6





 





Grupo 3





 





Grupo 12





Grupo 17






Vertido de inertes





 





 





 





Grupo 8





 





 





 






Temperatura





 





Grupo 4





 





 





Grupo 4





 





Grupo 13





Grupo 18






Incendio





 





 





 





 





 





 





Grupo 14





Grupo 19






Biológico





OMG





 





 





 





 





 





 





Grupo 15





Grupo 20






Especies exóticas invasoras





 





 





 





 





 





 






Virus y bacterias





 





 





 





 





 





 





 






Hongos e insectos





 





 





 





 





 





 





Grupo 15





 





COV, compuestos orgánicos volátiles ( 325 ° C boiling point).

OMG, organisms modified genetically.

A more detailed description on the technical criteria that have been taken into consideration for the development of the index of environmental damage, as well as guidelines can be obtained for its use, on the website of the Ministry of agriculture, food and environment (http://www.magrama.es).

I tables with the parameters relative to each of the combinations agente-recurso this section includes a table for each of the combinations agente-recurso with the values of the coefficients needed to estimate the IDM of each accidental scenario and the switches that apply to each group. The parameters represented in italics must be informed by the user.

Group 1. Water marina-quimicos agent coefficients modifying Ecf Ecu α Ec Ecr Ecc MA MB MC COV and COSV 0 866 Mvert 1 1,934 0.03 MB1 MB12 MB18 MC1 fuels and CONV 0 3.648 Mvert 1 1,934 0.03 Mvert, mass poured to the water marina in tonnes (t).

Group 2. Water superficial-quimicos agent coefficients modifying Ecf Ecu α Ec Ecr Ecc MA MB MC COV, COSV and inorganic 100,000 15 Vvert 2 1,934 0.03 MB1 MB5 MB11 MB12 MB18 MC1 fuels, CONV and explosive 100,000 8 Vvert 2 1,934 0.03 Vvert, volume poured to the water surface in metres cubic (m3).

Group 3. Surface water and suelo-fisicos (extraction/disappearance and dumping of inert) agent coefficients modifiers Ecf Ecu α Ec Ecr Ecc MA MB MC extraction of surface water 1 0 1 1,934 Vext 0.03 MC1 soil extraction 0 18 1 1,934 Mext 0.03 poured from inert to ground 0 18 Mvert 1 887 0.03 Vext, volume ext frayed of water surface in metres cubic (m3).

MEXT, mass extracted from soil in tonnes (t).

Mvert, poured mass of inert in tonnes (t).

Group 4. Surface water and suelo-fisicos (temperature) agent coefficients modifiers Ecf Ecu α Ec Ecr Ecc MA MB MC damage to surface water temperature 0 1 2 1,934 Vvert 0.03 MB4 MC1 damage by soil temperature 0 1 1 1,934 Vvert 0.03 Vvert, volume of hot water discharge to surface water or soil in cubic metres (m3).

Group 5. Water subterranea-quimicos agent coefficients modifiers Ecf Ecu α Ec Ecr Ecc MA MB MC COV, COSV, fuels and CONV 100,000 67 VvertA.S 1.5 55,238 0.03 MB1 MB9 MB12 MB17 MB18 inorganic 100,000 15 VvertA.S MC2 1.5 55,238 0.03 100,000 explosives 8 VvertA.S 1.5 55,238 0.03 Vvert A.S, volu men dumped in the ground water in cubic metres (m3). For its calculation, see section III concerning the distribution of the volume of damage in conditions combined to the soil and groundwater.

Group 6. Subterranea-fisico water (extraction/disappearance) agent coefficients modifiers Ecf Ecu α Ec Ecr






ECC MA MB MC extraction 0 7 Vext 1 55.238 0.03 MC2 Vext, volume extracted from water underground in metres cubic (m3).

Group 7. Bedding continental and marino-quimicos resource coefficients modifying Ecf Ecu α Ec p Macc that Ecr Ecc MA MB MC bedding continental and marine 0 74 Mvert 1 628 Mvert 0,635 2,426 0.03 MB1 MB12 MC1 Mvert, mass poured to the bedding continental or marine in tonnes (t).

Group 8. Bedding continental and marino-fisicos (inert) resource coefficients modifying Ecf Ecu α Ec p Macc that Ecr Ecc MA MB MC bedding continental and marine 0 14 Mvert 1 628 Mvert 0,635 2,426 0.03 MC1 Mvert, mass poured to the bedding continental or marine in tonnes (t).

Group 9. Suelo-quimicos agent coefficients modifying Ecf Ecu α Ec Ecr Ecc MA MB MC COV, COSV, fuels, CONV, and explosive 0 201 VvertS 1 887 0.03 MB1 MB8 MB14 MB17 MB18 MC3 inorganic 0 105 VvertS 1 887 0.03 VvertS, fraction of volume that remains in the ground in meters cubic (m3). For its calculation, see section III concerning the distribution of the volume of damage in conditions combined to the soil and groundwater.

Group 10. Bank of the sea and the rias-quimicos agent coefficients modifiers Ecf Ecu Ec Ecr Ecc MA MB MC COV α and 0 Vvert 1 887 0.025 5,958 COSV MB1 MB18 MC1 fuels and CONV 0 25.095 Vvert 1 887 0.025 Vvert, volume dumped in the shore of the sea and the rias in cubic metres (m3).

Group 11. Plant species not threatened and amenazadas-quimicos not threatened resource coefficients modifiers Ecf Ecu α Ec Ecr Ecc MA MB MC plant species: MA1 MA2 MA3 MA4 MB1 MB8 MB14 MB15 MB17 MB18 MC4 trees mature (exceeding 20 cm diameter) 0 5.256 Vvert 0.01 0.02 11.226 Woody young or Bush 0 3.761 Vvert 0.01 0.02 11.226 Herbazal 0





574 Vvert 0.01 0.02 11.226 threatened plant species: mature trees (exceeding 20 cm diameter) 0 11.708 11.226 0.02 0.01 Vvert woodland scrub or young 0 7.025 11.226 0.02 0.01 Vvert Herbazal 0 5.051 Vvert 0.01 0.02 11.226 Vvert, volume dumped in plant species in cubic metres (m3).

Group 12. Plant species not threatened and amenazadas-fisicos not threatened (extraction/disappearance) resource coefficients modifiers Ecf Ecu α Ec Ecr Ecc MA MB MC plant species: MA1 MA2 MA3 MA4 MC4 woodland or scrub 0 1,864 1 11.226 SupExt 0,02 0 Herbazal 289 1 11.226 SupExt 0.02 threatened plant species: woodland, scrub or pasture 0





4.689 1 11.226 SupExt 0.02 SupExt, surface of plant species that has been affected in hectares (ha).

Group 13. Species vegetable not threatened and amenazadas-fisicos (temperature) resource coefficients modifying Ecf Ecu α Ec Ecr Ecc MA MB MC species plant not threatened: MA1 MA2 MA3 MA4 MB4 MC4 Woody mature (diameter superior to 20 cm) 0 5.256 Vvert 0.005 11.226 0.02 Woody 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 trees (exceeding 20 cm diameter) 0 11.708 11.226 0.02 0.005 Vvert woodland scrub or young 0 7.025 11.226 0.02 0.005 Vvert 0.02 11.226 0 5.051 0.005 Vvert Herbazal Vvert, volume of hot water poured for the plants in cubic metres (m3).

Group 14. Species plant not threatened and threatened-fire resource coefficients modifying Ecf Ecu α Ec Ecr Ecc MA MB MC species vegetable not threatened: MA1 MA2 MA3 MA4 MB3 MB7 MB10 MB13 MB16 MC4 wooded mature (diameter superior to 20 cm) 0 5.256 1 6.2 11.226 0.02 Woody young or scrub 0 1.865 1 6.2 11.226 0.02 Herbazal 0 289





1 6.2 11.226 0.02 threatened plant species:







Mature trees (exceeding 20 cm diameter) 0 11.708 1 6.2 11.226 0,02 young woodland or scrub 0 4.689 1 6.2 11.226 0.02 4.689 1 0 Herbazal 6.2 11.226 0.02 15 group. Species plant not threatened and amenazadas-biologico resource coefficients modifying Ecf Ecu α Ec Ecr Ecc MA MB MC species vegetable not threatened: MA1 MA2 MA3 MA4 MB6 MC4 wooded mature (diameter superior to 20 cm) 0 5.504 1 10 11.226 0.02 Woody young or scrub 0 4,009 1 10 11.226 0.02 Herbazal 0 574 1 10





11.226 0.02 threatened plant species: mature trees (exceeding 20 cm diameter) 0 11.708 1 10 11.226 0,02 young woodland or scrub 0 7.025 1 10 11.226 0.02 0 Herbazal 5.051 1 10 11.226 0.02 Group 16. Animales-quimicos resource coefficients modifiers Ecf Ecu α Ec Ecr Ecc MA MB MC threatened mammals species 0 47.463 R 0.5 0.03 6.027 MA2 MB1 MB2 MB15 MC5 birds threatened 0 11.866 6.027 0.03 0.5 R threatened reptiles and amphibians 0 2.848 1 6.027 R 0.03 0 imperiled fishes





190 r 5 6.027 0.03 mammals not threatened 0 2.373 R 1 6.027 0.03 birds not endangered 0 2.373 R 1 6.027 0.03 amphibians and Reptiles not threatened 0 14 R 100 6.027 0.03 fish not threatened 0 5 R 100 6.027 0.03 where R acquires the following values: Group 16. Species animales-quimicos resource criteria R threatened mammals 0 ≤ Vvert ≤ 25 2xVvert Vvert > 25 50 0 ≤ Vvert ≤ 75 threatened bird 2xVvert Vvert > 75 150 amphibians and reptiles threatened 0 ≤ Vvert ≤ 100 2xVvert Vvert > 100 200 0 ≤ Vvert ≤ 125 threatened fish 2xVvert Vvert > 125 250 species of wildlife not threatened 0 ≤ Vvert ≤ 125 2xVvert Vvert > 125 250 Vvert , volume of hot water poured in cubic meters (m3) that generates adverse effects on animals.

Group 17. Animales-fisico species (extraction/disappearance) resource coefficients modifiers Ecf Ecu α Ec Ecr Ecc MA MB MC mammals threatened 0 47.463 1 6.027 Next 0.03 MA2 MC5 birds threatened 0 11.866 1 6.027 Next 0.03 amphibians and reptiles threatened 0 2.848 1 6.027 Next 0.03 imperiled fishes





0 190 Next 1 6.027 0.03 mammals not threatened 0 2.373 Next 1 6.027 0.03 birds not endangered 0 2.373 Next 1 6.027 0.03 amphibians and Reptiles not threatened 0 14 Next 1 6.027 0.03 fish not threatened 0 5 Next 1 6.027 0.03 Next, number of individuals extracted.

Group 18. Species animales-fisico (temperature) resource coefficients modifying Ecf Ecu α Ec Ecr Ecc MA MB MC mammals threatened 0 47.463 R 0.5 6.027 0.03 MA2 MB2 MC5 birds threatened 0 11.866 R 0.5 6.027 0.03 amphibians and reptiles threatened 0 2.848 R 1 6.027 0.03 fish threatened 0





190. 5 6.027 0.03 r mammals not threatened 0 2.373 1 6.027 R 0.03 birds not endangered 0 2.373 1 6.027 R 0.03 amphibians and reptiles not threatened 0 14 100 6.027 R 0.03 fish not threatened 0 5 R 100 6.027 0.03 where R takes the following values: group 18. Species animales-fisico (temperature) resource criteria R mammals threatened 0 ≤ Vvert ≤ 50 Vvert Vvert > 50 50 birds threatened 0 ≤ Vvert ≤ 150 Vvert Vvert > 150 150 amphibians and Reptiles threatened 0 ≤ Vvert ≤ 200 Vvert Vvert > 200 200 fish threatened 0 ≤ Vvert ≤ 250 Vvert Vvert > 250 250 species of wildlife not threatened 0 ≤ Vvert ≤ 250 Vvert Vvert > 250 250 Vvert , volume of hot water poured in cubic meters (m3) that generates adverse effects on animals.


Group 19. Species animales-incendio resource coefficients modifying Ecf Ecu α Ec Ecr Ecc MA MB MC mammals threatened 0 47.463 1 0.5 6.027 0.03 MA2 MB2 MB3 MB7 MB10 MB13 MB16 MC5 birds threatened 0 11.866 1 1 6.027 0.03 amphibians and Reptiles threatened 0 2.848 1 1 6.027 0.03 mammal s not threatened 0 2.373 1 5 6.027 0.03 0 not threatened bird 2.373 1 5 6.027 0.03 amphibians and Reptiles not threatened 0 14 1 100 6.027 0.03 fish is not condition the fish.





Group 20. Species animales-biologico resource coefficients modifiers Ecf Ecu Ec Ecr Ecc MA MB MC threatened mammals α 0 47.463 1 10 6.027 0.03 MA2 MB2 MB6 MC5 11.866 1 10 6.027 0 threatened bird 0.03 amphibians and Reptiles threatened 2.848 1 10 6.027 0 0,03 0 imperiled fishes





190





1





10





6.027





0,03






Mamíferos no amenazados





0





2.373





1





20





6.027





0,03






Aves no amenazadas





0





2.373





1





20





6.027





0,03






Anfibios y Reptiles no amenazados





0





14





1





20





6.027





0,03






Peces no amenazados





0





5





1





20





6.027





0,03





II. Values of the multiplier them multiplier to, B and C of the equation of the IDM are directed to mayorar or lower the value of the coefficient to which multiply. These three multipliers have a different weight depending on the combination agent-recursoy modify various components within the equation: A, affects the unit cost of repair (Ecu), B, affects the estimate of the number of affected receiver (Ec), and project C, afectaal estimate of the cost of revision and control of the corresponding repair for that combination project estimator (Ecr).

A time the user has identified in the tables that is include in the paragraph previous them modifiers that must have in has in each combination agente-recurso, must go in this paragraph to the table corresponding and choose the value of the modifier according its context particular.

Value finally purchasing multipliers A, B and C will be the product of the values assigned to their respective switches. When the multiplier has not associated with any modifier, be assigned a value of 1.



The estimate of unit costs (MAj) modifiers modifier «Vegetation density». Dense vegetation categories MA1 very density (density of feet higher than 700 feet / ha, scrubland or dense herbazal) 1.20 average (density of 50-700 feet feet / ha, scrub or pasture of medium density) sparse 1.00 (density of feet less than 50 feet / ha, scrub or not very dense and pasture) 0.50 modifier 'ENP'. Condition to a space Natural protected (ENP) categories MA2 possible condition to an ENP 1.25 without condition to ENP 1.00 modifier «Rocky». The stony categories MA3 soil Rocky 1.10 «Pending» modifier 1.00 not stony soil. Pending middle of the terrain categories MA4 high (> 50%)





1.50-medium (30-50%)





1.25 lower (50 ° C) 2.00 average (20-50 ° C) 1.50 low (< 20 ºc) 1.00 modifier 'Lake or reservoir'. damage to a lake or reservoir categories MB5 large (> 100 Hm3) 3.00 medium (5-100 Hm3) 2.00 small (< 5 Hm3) 1.50 there is no Lake or reservoir condition 1.00 modifier "Dangerousness". endangerment of the biological agent categories MB6 high 3.00 average 2.00 low 1.00 modifier «Pending». average terrain categories MB7 high gradient (> 10%)





2.50 medium (5-10%)





1.00 (700 mm) low 0.50 modifier «River». Damage to a categories MB11 River very plentiful (> 100 m3/s) 2.00 medium River (5-100 m3/s) 1.50 River little (< 5 m3/s) 1.25 there is no condition to a river 1.00 modifier 'Solubility'. Solubility of the substance categories MB12 Insoluble (solubility in water to 20 ° C < 0.1 mg / l) 1.00 little soluble (solubility in water to 20 ° C between 0.1 and 10 mg / l) 0.90 very soluble (solubility in water at 20 ° C > 10 mg / l) 0.80 modifier «temperature». Average annual temperature categories MB13 high (> 17.5 ° C) 2.50 medium (10-17, 5 ° C) 1.00 low (< 10 ° C) 0.50 modifier 'Escape type'. form in which occurs the growing categories MB14 leak dumping 1.50 1.25 continuous leakage leak instant 1.00 modifier 'Toxicity'. toxicity of the substance categories MB15 high 2.00 average 1.50 down 1.00 modifier «Wind». 2.50 medium categories MB16 strong (> 5 m/s) wind speed (average) 1-5 m/s) 1.00 soft (< 1 m/s) 0.50 modifier "Viscosity". viscosity of substance categories MB17 substance little viscous 1.25 1.10 medium viscous substance very viscous substance 1.00 modifier 'Volatility'. volatility of the substance categories MB18 low (PE > 325 ºc) 1.00 average (PE 100-325 ° C) 0.90 (PE high < 100 ° c) 0.80 PE, (° C) boiling point. modifiers of the estimate of the cost of revision and control (MCj) modifier 'Duration 1'. estimated duration of categories C1 high (> 1 year) 1.25 average damage (6 meses-1 year) 1.10 low (< 6 months) 1.00 modifier 'Duration 2'. Estimated duration of the damage





Categories MC2 high (> 10 years) 1.25 average (3-10 years) 1.10 low (< 3 years) 1,00 modifier 'Duration 3'. duration estimated damage categories MC3 high (> 2 years) 1.25 average (6 meses-2 years) 1.10 low (< 6 months) 1.00 "Long 4" modifier. Duration estimated of them damage categories MC4 high (Woody mature, more than 30 years) 1.25 medium (Woody young, less than 30 years) 1.10 lower-middle (scrubland) 1.05 low (herbazal) 1.00 modifier «duration 5». Duration estimated damage categories MC5 high (mammals) 1.25 low (other species) 1.00 III. Cast of the volume of poured in condition combined to them resources soil and water underground where a same damage affect to the soil and to the water underground, the operator must calculate how is partitioning the volume poured between both resources in the scenario accidental object of study.

The equations for the calculation of the volume fraction poured that affects each of these resources will be the following: 1. volume fraction poured affecting soil: VvertS = VvertT · X 2. Fraction of the discharge volume affecting groundwater: VvertA.S = VvertT · And where: Vvert T = total volume dumped in the land corresponding to the accidental scene (m3).

VvertS = fraction of total volume (VvertT) that remains in the ground (m3).

VvertA.S = fraction of the volume total (VvertT) that affects to the water underground (m3).

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

Y = coefficient of condition to groundwaters on the basis of the depth of the water table (see table of water table attached below).

Level table. «Distribution of volume discharge according to the categories X and shallow groundwater level (50 m) 0.67 0.33 there is a potential condition to groundwater 1.00 0.00» seventeen. Is adds an annex IV with the following wording: «ANNEX IV content minimum of the statement responsible planned in the article 33 1.» Minimum content of the responsible declaration provided for in paragraph 4 of article 33.

The filling and remission, from them operators, of this model standard of statement responsible to the organ competent in matter of responsibility environmental, credited the compliance of the obligation of constitute it warranty financial regulated in the Law 26 / 2007, of 23 of October, of responsibility environmental, as well as in the regulation of development partial of the Law 26 / 2007 , 23 October, environmental responsibility, approved by the Royal Decree 2090 / 2008 of 22 December. This remission may be carried out through the established places in article 38.4 of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, as well as by electronic means which establishes the law 11/2007, of 22 June, electronic access of citizens to public services.

1. NAME OF THE DECLARANT NIF last NAME 1 last NAME 2 NAME MAIL ELECTRONIC FAX PHONE FIXED PHONE MOBILE acting on quality of: ☐ holder ☐ representative 2. DATOS DEL OPERADOR




CIF





 





NOMBRE O RAZÓN SOCIAL





 






DIRECCIÓN





TIPO VÍA





 





NOMBRE VÍA





N.º





 






PISO





 





PUERTA





 





POL. INDUST





 





CP





 






LOCALIDAD





 





PROVINCIA





 






PAÍS





 





CORREO ELECTRÓNICO





 






FAX





 





TELÉFONO FIJO





 





TELÉFONO MÓVIL





3. ADDRESS FOR SERVICE FOR THE PURPOSES OF COMMUNICATION (IF DIFFERENT FROM ABOVE) ADDRESS TYPE VIA NAME VIA NO. FLOOR DOOR POL. INDUSTRIAL





 





CP





 






LOCALIDAD





 





PROVINCIA





 






PAÍS





 





CORREO ELECTRÓNICO





 






FAX





 





TELÉFONO FIJO





 





TELÉFONO MÓVIL





4. Responsible FOR DECLARATION in accordance with article 71 bis of the law 30/1992, of November 26, legal regime of public administrations and administrative procedure common, DECLARES: 1. who has been the financial guarantee regulated in article 33 of the regulation implementing Law 26/2007, of October 23, partial environmental responsibility approved by the Royal Decree 2090 / 2008 , of 22 of December, that you allows do faced with the responsibility environmental inherent to its activity.

2. that the characteristics of the financial guarantee, are as follows: the installation data: NAME CENTER NACE ADDRESS TYPE VIA NAME VIA # FLOOR DOOR POL. INDUSTRIAL CP CITY PROVINCE COUNTRY MAIL ELECTRONIC FAX PHONE FIXED PHONE MOBILE COORDINATES UTM X and features of financial security: indicate the form of guarantee chosen in relation to three possibilities provided for in law 26/2007, of October 23, of environmental responsibility.

☐ ☐ ☐ Guarantee insurance book technical name of the insurance company or financial institution identification of the instrument of incorporation date of establishment period of the policy (1) amount of the financial guarantee (€) autonomous region in which it is presented (1) complete in case of subscription of insurance security.

Where financial security is established for various activities or facilities, it shall include the elements of each activity or installation: installation 2 or activity NAME CENTER NACE ADDRESS TYPE VIA NAME VIA # FLOOR DOOR POL. INDUSTRIAL CP CITY PROVINCE COUNTRY MAIL ELECTRONIC FAX PHONE FIXED PHONE MOBILE COORDINATES UTM X and features of financial security: indicate the form of guarantee chosen in relation to three possibilities provided for in law 26/2007, of October 23, of environmental responsibility.

☐ ☐ Guarantee insurance


☐ Book technical name of the insurance company or financial institution identification of the instrument of incorporation date of establishment period of the policy (1) amount of the financial guarantee (€) autonomous region in which it is presented (1) complete in case of creation of the security by a certain activity or installation 3 DENOMINATION CENTER NACE ADDRESS TYPE VIA NAME VIA # FLOOR DOOR





 





POL. INDUSTRIAL CP CITY PROVINCE COUNTRY MAIL ELECTRONIC FAX PHONE FIXED PHONE MOBILE COORDINATES UTM X and features of financial security shows the form of guarantee chosen in relation to three possibilities provided for in law 26/2007, of October 23, of environmental responsibility.

☐ ☐ ☐ Guarantee insurance book technical name of the insurance company or financial institution identification of the instrument of incorporation date of establishment period of the policy (1) amount of the financial guarantee (€) autonomous region in which it is presented (1) complete in case of security through insurance 5. STATEMENTS RESPONSIBLE THAT ASSUMES THE INTERESTED with the signature of it statement responsible the operator assumes, low your responsibility:-that has constituted it warranty financial compulsory in them terms that sets the Law 26 / 2007, of 23 of October, of responsibility environmental, and in the regulation of development partial of it Law 26 / 2007, of 23 of October, of responsibility environmental approved by the Royal Decree 2090 / 2008 of 22 December.

-That, for the determination of the amount of financial security, has made the analysis of environmental risks of the activity referred to in article 24.3 of the Law 26/2007, of October 23, and which develops in articles 34 et seq. of the regulations, or has used a corresponding scales table, reported favorably by the Technical Committee for the prevention and remedying of environmental damage.

-Is committed to maintaining the financial security during the entire period of activity.

-To communicate updates of the minimum of financial security, in the terms established under regulation of partial development, of law 26/2007, of October 23, environmental responsibility, approved by the Royal Decree 2090 / 2008 of 22 December.

-That complies with them requirements established in them paragraphs earlier, and that has of them documents that thus it credited, in the date in that is made the present Declaration.

-Is committed to facilitate, where appropriate, any data or information required by the competent authority in order to verify compliance with this responsible Declaration.

6. DOCUMENTATION ATTACHED:-documents evidence of the representation legal.

-The authorization signed by the interested party or his legal representative in the event that the Declaration is carried out by a third party.

En ..............................., a ...... de ........................... de ..........




THE / THE DECLARANT Fdo. Mr./Ms.» 2. Minimum content of the responsible declaration provided for in paragraph 5 of article 33.

Filling and remission, by operators, of this standard model of responsible Declaration to the competent body in the field of environmental liability, certifies compliance with the obligation of determining the amount of the financial guarantee regulated in article 33 of this regulation, either through the implementation of the environmental risk analysis referred to in article 24.3 of the Law 26/2007 , of 23 of October, and that is develops in those articles 34 and following of this regulation, well through the use of a table of scales informed favorably by the Commission technical of prevention and repair of damage environmental.

Also, certifies compliance with the exemptions provided for in paragraphs a) and b) of article 28 of law 26/2007, of October 23, of environmental responsibility. This remission may be carried out through the established places in article 38.4 of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, as well as by electronic means which establishes the law 11/2007, of 22 June, electronic access of citizens to public services.

1. NAME OF THE DECLARANT NIF last NAME 1 last NAME 2 NAME MAIL ELECTRONIC FAX PHONE FIXED PHONE MOBILE acting on quality of: ☐ holder ☐ representative 2. DATOS DEL OPERADOR




CIF





 





NOMBRE O RAZÓN SOCIAL





 






DIRECCIÓN





TIPO VÍA





 





NOMBRE VÍA





 





N.º





 






PISO





 





PUERTA





 





POL. INDUSTRIAL





 





CP





 






LOCALIDAD





 





PROVINCIA





 






PAÍS





 





CORREO ELECTRÓNICO





 






FAX





 





TELÉFONO FIJO





 





TELÉFONO MÓVIL





 





3. ADDRESS FOR SERVICE FOR THE PURPOSES OF COMMUNICATION (IF DIFFERENT FROM ABOVE) ADDRESS TYPE VIA NAME VIA NO. FLOOR DOOR POL. INDUSTRIAL





 





CP





 






LOCALIDAD





 





PROVINCIA





 






PAÍS





 





CORREO ELECTRÓNICO





 






FAX





 





TELÉFONO FIJO





 





TELÉFONO MÓVIL





 





4. STATEMENT RESPONSIBLE 1. In accordance with the article 71 bis of the law 30 / 1992, of 26 of November, of regime legal of them administrations public and of the procedure administrative common, DECLARES: 1. that has fulfilled with the obligation of determine the amount of the warranty financial regulated in the article 33 of this regulation.

2 which adheres to the exemptions provided for in paragraphs a) and b) of article 28 of law 26/2007, of October 23, environmental responsibility, and is therefore exempt from financial security compulsory for the following cause: ☐ the activity is likely to damage repair has been assessed at less than 300,000 euros.

☐ The activity is likely to damage repair has been evaluated in a quantity greater than 300,000 euros and less than 2.000.000 euros and activity is attached with permanent and continued to the: ☐ Community system for management and audit scheme (EMAS).

☐ UNE-EN ISO 14001 existing environmental management system.

Datos de la instalación




DENOMINACIÓN CENTRO





 





CNAE





 






DIRECCIÓN





TIPO VÍA





 





NOMBRE VÍA





 





N.º





 






PISO





 





PUERTA





 





POL. INDUSTRIAL





 





CP





 






LOCALIDAD





 





PROVINCIA





 






PAÍS





 






CORREO ELECTRÓNICO





 






FAX





 





TELÉFONO FIJO





 





TELÉFONO MÓVIL





 






COORDENADAS UTM





X





 





Y





 





5. STATEMENTS RESPONSIBLE THAT ASSUMES THE INTERESTED with it signature of it statement responsible the operator assumes, low your responsibility:-that, for the determination of the amount of it warranty financial, has made an analysis of risks environmental of it activity, planned in the article 24.3 of it Law 26 / 2007, of 23 of October, and that is develops in them articles 34 and following of this regulation , or used a table of indicators reported favorably by the Technical Committee for the prevention and remedying of environmental damage.

((-That is exempt of constitute the guarantee financial compulsory in them terms that establish them paragraphs to) and b) of the article 28 of the Law 26 / 2007, of 23 of October, of responsibility environmental.

-That you have documents that accredit it as well, on the date in which occurs this responsible Declaration.

-Is committed to facilitate, where appropriate, any data or information required by the competent authority in order to verify compliance with this statement.

6. ATTACHED DOCUMENTATION - supporting documents of legal representation.

-The authorization signed by the interested party or his legal representative in the event that the Declaration is carried out by a third party.

En ..............................., a ...... de ........................... de ..........




THE / THE DECLARANT Fdo. Mr./Mrs.' sole transitional provision. Determination of the amount of the mandatory financial security by operators whose sector filed to report analysis of sectoral environmental risks or scales tables.

Those operators whose industry or sectoral Association submitted to the Technical Committee for the prevention and remedying of environmental damage, for his report, an instrument of sectoral environmental risk analysis or a table of scales, within the six months following the entry into force of this Royal Decree, may make their individual environmental risk analysis on the basis of the methodology defined in the original wording of article 33 of this regulation approved by Royal Decree 2090 / 2008 of 22 December, when this instrument is informed favorably by the aforementioned Technical Commission.

Also, those operators that have made your analysis of risks environmental based is in it methodology defined in the drafting original of the article 33 of this regulation, may use it for constitute it warranty financial compulsory when this between in force, when within them six months following to the entry in force of this real Decree, these operators constitute a warranty financial voluntary based in the same , and submit to the competent authority a statement responsible for have made such financial security.

First final provision. Titles competence.

This Royal Decree is the basic legislation for the protection of the environment, in accordance with the provisions of article 149.1.23. ª of the Spanish Constitution, except paragraphs three, four, six, seven, eight, nine, ten, twelve, sixteen, and seventeen of the one article and the single transitional provision, which are basic insurance legislation issued on the basis of article 149.1.11. ª of the Spanish Constitution.

Paragraphs one and five unique item have no character of basic legislation.

Second final provision. Entry in force.

This Royal Decree shall enter into force on the twentieth day of its publication in the «Official Gazette».

Given in Madrid, on March 13, 2015.

PHILIP R.

The Minister of agriculture, food and environment, ISABEL GARCÍA TEJERINA