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URÍA & MENÉNDEZ
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The information contained in this Newsletter is of a general nature and does not constitute legal advice |
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ENVIRONMENTAL NEWSLETTERWe are pleased to provide the first issue of the Uría & Menéndez Environmental Newsletter. The aim of this Newsletter is to disseminate the main legislative novelties on environment both at State and Regional levels. The newsletter will be distributed on a quarterly basis. Should you have any queries regarding this Newsletter (suggestions, subscriptions, cancellations, problems viewing the pages) please send an e-mail to: circularmedioambiente@uria.com
NATIONAL RULES Genetically Modified Organisms Royal Decree 178/2004, of January 30, which approves the General Regulations in order to implement Law 9/2003, of April 25, by which the legal regime of the confined use, the voluntary liberation and the commercialization of genetically modified organisms is established. B.O.E. no. 27, of February 2, 2004. It came into force the day following its publication. (More information) Maritime and Port Public Domain Royal Decree 253/2004, of February 13, which establishes measures of prevention and fight against pollution caused by the loading and unloading of cargo and the handling of hydrocarbons in the maritime and port area. B.O.E. no. 39, of February 14, 2004. It will enter into force six months following its publication. (More information) Large Combustion Chambers Royal Decree 430/2004, of March 12, which establishes new provisions on the control of emissions into the atmosphere of certain polluting agents from large combustion chambers, and certain conditions are established controlling atmospheric emissions from petroleum refineries. B.O.E. no. 69, of March 20, 2004. It came into force the day following its publication. (More information) National Inventory of Wetlands Royal Decree 435/2004, of March 12, regulates the National Inventory of Wetlands. B.O.E. no. 73, of March 25, 2004. It came into force the day following its publication. (More information) AUTONOMOUS REGIONS RULES Andalusia Forests of the Autonomous Region of Andalusia Order of January 26, 2004, which approves the General Instructions for Forestry Planning of the Autonomous Region of Andalusia. B.O. Junta de Andalucía no. 25, of 6 February, 2004. It came into force the day following its publication. (More information) Tax on Waste Water Discharges in Coastal Waters and on the Deposit of Residual Radioactive and Hazardous Waste. Order of March 12, 2004, which regulates the report dealing with the commencement, modification and cessation of activities, which will be subject to the taxes on waste water discharges in coastal waters and on the deposit of residual radioactive and hazardous waste. B.O. Junta de Andalucía no. 56, of March 22, 2004. It came into force the day following its publication. (More information) Management Plan of Hazardous Waste of Andalusia Decree 99/2004, of March 9, approves the review of the Management Plan of Hazardous Waste of Andalusia. B.O. Junta de Andalucía no. 64, of April 1, 2004. It came into force the day following its publication. (More information) Aragon Waste Water Discharges Decree 38/2004, of February 24, 2004, which approves the Regulations on the discharge of waste waters into the local sewer system networks. B.O. Aragón no. 30, of March 10. It came into force one month following its publication. (More information) Balearic Islands Control of Serious Accidents in Which Hazardous Substances are Involved Decree 7/2004, of January 23, by which it is executed, within the limits of the Balearic Islands, Royal Decree 1254/1999, of July 16, by means of which the control on the measures of serious accidents in which hazardous substances are involved is approved. D.O. Illes Balears no. 17, of February 3, 2004. It came into force the day following its publication. (More information) Autonomous Region of Valencia Burned Forest Soils Decree 6/2004, of January 23, by which the general rules on the protection of burned forest soils are established. D.O. Generalitat Valenciana no. 4678, of January, 2004. It came into force the day following its publication. (More information) Prevention of Forest Fires Decree 7/2004, of January 23, which approves the general specifications of security rules on the prevention of forest fires to be observed in the execution of works carried out in forest soils or places closed to it. D.O. Generalitat Valenciana no. 4678, of January 27, 2004. It will come into force six months following its publication. (More information) Integrated Pollution Prevention and Control Decree 40/2004, of March 5, which develops the regime on the integrated pollution prevention and control in the Autonomous Region of Valencia. D.O. Generalitat Valenciana no. 4710, of March 11, 2004. It came into force the day following its publication. (More information) Autonomous Region of Navarra Environmental Quality Order 153/2004, of February 18, which establishes the actions of regulation control on environmental quality in the context of the Autonomous Region of Navarra. B.O. Navarra no.35, of March 22, 2004. It came into force twenty days following its publication. (More information) Environmental Inspection Plan Order 138/2004, of February 13, which approves the Environmental Inspection Plan on the Industrial Activity of the Autonomous Region of Navarra and the Programme of Inspections for the year 2004. B.O. Navarra no. 37, of March 26, 2004. It came into force twenty days following its publication. (More information) La Rioja Packaging and Waste Packaging Resolution of February 23, 2004, which establishes the publication of the Frame Agreement of Collaboration between the Autonomous Region of La Rioja and Ecoembalajes España, S.A. B.O. La Rioja no. 30, of March 4, de 2004. (More information)
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NATIONAL RULES
Genetically Modified Organisms
The object of Royal Decree 178/2004 is to pass the necessary rules in order to implement and execute Law 9/2003, of April 25, which establishes the legal regime of the confined use, the voluntary liberation and the commercialization of genetically modified organisms. Law 9/2003 has incorporated into the Spanish legal system the latest Community Directives on the subject.
In addition, by means of this Royal Decree, the Central Registry of Genetically Modified Organisms is created. This Registry will be managed by the General Directorate of Quality and Environmental Assessment of the Ministry of Environment.
Finally, Royal Decree 178/2004 repeals the previous Regulations on the subject, which were approved by Royal Decree 951/1997, of June 20, as well as, all other regulations of equal or inferior rank, which may be opposed to what is established in it.
Maritime and Port Public Domain
The object of Royal Decree 253/2004 is to minimize the potential risk of accidents caused by the spillage of hydrocarbons in the sea which may arise during the loading, unloading and transfer of cargo and the handling of crude oil on board ships, in the terminals of the refineries or in the process of delivering fuels in anchoring platforms or quays of the Spanish ports.
Large Combustion Chambers
The object of Royal Decree 430/2004 is to regulate the emissions into the atmosphere of sulphur dioxide, nitrogen oxides and particles from large combustion chambers (generally, those installations with an installed power output of more than 50 MW), as well as certain conditions to control the emissions from petroleum refineries.
By means of Royal Decree 430/2004, Directive 2001/80/CE of October 23, 2001 is implemented into the Spanish legal system. Royal Decree 430/2004 also updates and standardizes the emissions limits for the petroleum refineries.
Finally, Royal Decree 430/2004 repeals Royal Decree 646/1991, of April 21, 1991, which established new ways of limiting emissions into the atmosphere caused by those main industrial activities included in the context of its provisions.
National Inventory of Wetlands
The preparation and maintenance continually updated of the Inventory will correspond with the Ministry of Environment, through the General Directorate of the Conservation of Nature, taking into consideration the information provided by the Autonomous Regions.
AUTONOMOUS REGIONS RULES
Andalusia
Forests of the Autonomous Region of Andalusia
The object of the Order of January 26, 2004 is the approval of the General Instructions for the drafting of the Projects and the Technical Forestry Planning of the Autonomous Region of Andalusia, as considered by Law 2/1992, of June 15, on the Forest of Andalusia, and by Decree 208/1997, of September 9, which approves the Forestry Regulations of Andalusia, so as to put into effect the management and use of forests.
Annex I of the Order of January 26, 2004 regulates the minimum requirements of the Forestry Planning Projects, which must contain, at least, three sections in which the inventory of the forest is established; its planning (determining the model use, and including a general and special plan of the use and management, improvement and protection of the forest); and the review of its planning.
The minimum requirements of the Technical Projects, established in Annex 2 of the Order, will be two sections which must contain the inventory of the forest and its planning, respectively. The latter will include, among others, a special plan which will regulate the management and use of the forest, as well as programmes for its improvement and defence.
Order of March 12, 2004, which regulates the report dealing with the commencement, modification and cessation of activities, which will be subject to the taxes on waste water discharges in coastal waters and on the deposit of residual radioactive and hazardous waste. B.O. Junta de Andalucía no. 56, of March 22, 2004. It came into force the day following its publication.
Article 20 of Andalusia Law 18/2003, of December 29, by means of which, tax and administrative measures are approved, creates and regulates certain ecological taxes (tax on waste water discharges in coastal waters, tax on the deposit of radioactive and hazardous waste), and regulates that the taxpayers of the aforementioned taxes will be obliged to submit a declaration on the commencement, modification and cessation of the activities which determine the subjection to them.
The present Order deals with the regime of these declarations and regulates its content, formulation, term, place and form of submission and, at the same time, approves the relevant forms which must be used.
Management Plan of Hazardous Waste of Andalusia
By virtue of Decree 99/2004 the review of the Management Plan of Hazardous Waste of Andalusia is approved, which is attached thereto as Annex under the name of “Prevention and Management Plan of Hazardous Waste 2004-2010”.
Decree 99/2004 also establishes that the entry into Andalusia of hazardous waste from another Autonomous Region, its destination being to safety deposits located in Andalusia will be annually limited to a quantity, per each installation, of 20% of the average of the quantities deposited in the same installation during the last three years, or of the quantity determined in the corresponding authorisation in the event of new installations of safety deposits.
Finally, Decree 99/2004 states that in the soils of industrial use in which, due to the characteristics of the installations that may be located in them, hazardous waste is or has been generated, the developers must guarantee the minimum infrastructure for the collection, classification and transfer of such hazardous waste.
Waste Water Discharges
The object of Decree 38/2004 is to regulate the legal regime of waste water discharges which directly or indirectly ends up in the municipal drainage and collection systems of the Autonomous Region of Aragon.
Among other aspects, Decree 38/2004 determines that the utilization of the local sewer system and clean-up networks will require a prior waste water discharge authorisation issued by the competent municipal or local authority, without prejudice to any prior waste water discharge authorisation that may be required by the State’s regulations on waters or, as the case may be, under the legislation on integrated prevention and pollution control.
Decree 38/2004 establishes, in addition, limits to waste water discharge into the sewer system networks, as well as, a system of control of the effluents.
Balearic Islands
Control of Serious Accidents in Which Hazardous Substances are Involved
The object of Decree 7/2004 is to designate the authorities of the Autonomous Region of the Balearic Islands to exercise the functions entrusted by Royal Decree 1254/1999.
Decree 7/2004 also imposes certain obligations for the activities and installations included in Article 2 of Royal Decree 1254/1999 located in the Autonomous Region of the Balearic Islands, and with the exclusions covered in Article 4 of the same Royal Decree.
In accordance with what is established in Decree 7/2004, the responsible for the activities and installation falling within the scope of this Decree are obliged to serve a notification on the competent authority and to comply with certain documentary obligations (such as the submission of the document in which their prevention policy is established, the safety report, the internal emergency plan and the necessary information for the Autonomous Region so as to prepare the emergency plan).
Autonomous Region of Valencia
Burned Forest Soils
Decree 6/2004 establishes the conservation regulations which will be applicable following any forest fire that may arise in the Autonomous Region of Valencia, in order to encourage the regeneration of vegetation cover as soon as possible. For these purposes, the Regional Ministry on Territory and Housing will immediately issue, following a forest fire, an expert report in which the cause and the most probable reason of the fire will be determined.
Decree 6/2004 prohibits the classification or reclassification o forest soils as urban or suitable for development, when in actual fact had been classified not-suitable for development following the effects of a fire. Moreover, these soils will be subject to a special protection so as to reforest and revive the vegetation cover. Thus, certain activities, such as grazing or hunting, are limited to certain periods, unless express and justified authorisation has been obtained.
The autonomous Administration can declare the areas affected by forest fires as zones of urgent action, so as to restore and encourage its regeneration, and to preserve them from the risks of erosion, being further empowered to limit or prohibit the use which may be incompatible with their purpose.
Prevention of Forest Fires
Among the interim measures which apply to works projects started on forest soils or in areas closed to them following the entry into force of Decree 7/2004, we must point out the obligation imposed on the promoters of these works or projects to include in the specifications of the technical conditions the general specifications of security rules required under this Decree. In addition, in order to execute certain works, it will be necessary to serve prior notification on the directors of the regional services of the Regional Ministry on Territory and Housing.
Integrated Pollution Prevention and Control
Decree 40/2004, of March 5, which developed the regime on the integrated pollution prevention and control in the Autonomous Region of Valencia. D.O. Generalitat Valenciana no. 4710, of March 11, 2004. It came into force the day following its publication.
Decree 40/2004 develops, within the framework of the powers of the Regional Government of Valencia, certain aspects of State Law 16/2002, of July 1, on the Integrated Pollution Prevention and Control, which will allow the implementation within the Autonomous Region of Valencia of an integrated, simplified and agile model of the environmental operation.
According to Decree 40/2004, the construction, setting-up, running and transfer, as well as the substantial modifications in the public and private installations located in the Autonomous Region of Valencia where some or part of the activities included in Annex 1 of Law 16/2002 are carried out will be subject to the regime of integrated environmental authorisation.
In addition to the regime established under Law 16/2002, Decree 40/2002 plans the creation of a registry on integrated environmental authorisations.
Autonomous Region of Navarra
Environmental Quality
Order 153/2004, of February 18, which establishes the actions of regulation control on environmental quality in the context of the Autonomous Region of Navarra. B.O. Navarra no.35, of March 22, 2004. It comes into effect twenty days following its publication.
The Order 153/2004 has two basic aims; the first one is to establish the conditions for the activities of control of environmental quality, and the second one, to indicate the duties conferred upon the control agencies (organismos de control autorizados) within the field of environmental quality. The fulfilment of the conditions established under the Annex of Order 153/2004 must be observed by the control agencies as from May 1, 2004.
The Annex to the Order 153/2004 determines the duties of the control agencies within the field of environmental quality, as well as their sphere of activity, which will be limited to what is specified in the accreditation granted by the National Entity of Accreditation (ENAC). In addition, the control agencies within the field of environmental quality will have to comply with certain obligations, such as the notification of detected incidents, maintenance of the documentation for a ten-year period and the submission of an annual report of the activities carried out.
Environmental Inspection Plan
On the other hand, the Programme of Inspections, contained in Annex II of the Order, establishes a number of routine inspections to be carried out in the Autonomous Region of Navarra and an estimate of non routine inspections, which will be carried out as a consequence of a prior complaint, claim, submission of an application for an authorisation or the amendment of a prior authorisation.
La Rioja
Packaging and Waste Packaging
The Resolution of February 23, 2004, contains the summary of the Frame Agreement of Collaboration between the Autonomous Region of La Rioja and Ecoembalajes España, S.A., dated February 2, 2004.
The object of the Frame Agreement is to regulate the commitments assumed by the Autonomous Region of La Rioja and Ecoembalajes España, S.A. regarding the operation of the integrated system managed by the latter in order to guarantee compliance with Law 11/1997, of April 24, on Packaging and Waste Packaging, and with the legislation which develops Law 11/1997.
The initial duration of the Frame Agreement will be extended up until the expiration of the authorisation granted by the Autonomous Region of La Rioja to the Integrated System of Management of Waste Packaging from which Ecoembalajes España, S.A is the manager. However, it is established that, in the event of a renewal of the authorisation of the Integrated System of Management, as mentioned above, the Frame Agreement will be extended for a new term of three months, and will be automatically renewed for periods of the same duration.