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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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NATIONAL REGULATIONSMajor-Accident Hazard Control Involving Hazardous Substances.Royal Decree 948/2005 of 29 July, amends Royal Decree 1254/1999 approving certain measures to control the risks related to major-accidents in certain industrial activities. Spanish Official Gazette of 30 July 2005.The main purpose of Royal Decree 948/2005 is to implement the amendments set forth in Directive 2003/105/EU dated 16 December, of the Council and Parliament in Royal Decree 1254/1999, mentioned above. The most relevant amendments implemented by Royal Decree 948/2005 relate to the scope of application of Royal Decree 1254/1999; the maximum terms of notification and the policies for the prevention of accidents; the expertise of the staff in charge of the activities falling within the scope of this regulation; and the assessment of risks. REGULATIONS OF THE AUTONOMOUS REGIONSAutonomous Region of Galicia. Protection of the Environment.Decree 208/2005 of 14 July, on environmental management and integration of hollows resulting from previous activities with debris and rocks from infrastructure works. Galician Official Gazette of 2 August 2005.The main purpose of Decree 208/2005 is to regulate the surplus debris and rocks resulting from large infrastructure works used for the infilling of the hollows left by those works or activities that, for technical or economic reasons, have stopped their activities. In this regard, Decree 208/2005 regulates a new inventory of hollows that will be infilled with the debris and rocks from infrastructure works. The incorporation of a hollow to said inventory will be carried out either by the Regional Government ex officio or at the request of any interested third party. The owners of the hollows included in said inventory may decide to have them restored with the debris and rocks from infrastructure works (for that purpose, a communication to the competent environmental authorities will be required) or, alternatively, to restore the hollows on their own initiative within a maximum term of twelve months. Offences under Decree 208/2005 shall be sanctioned in accordance with Law 1/1995 of the Autonomous Region of Galicia of 2 January on Protection of the Environment. Autonomous Region of La Rioja. Wastewater Discharges to the Sewer System.Decree 50/2005, of 22 July, amends Decree 55/2001, approves implementing regulations of Law 5/2000 on wastewater treatment in La Rioja. La Rioja Official Gazette of 28 July 2005.The main purpose of Decree 50/2005 is to amend Articles 31, 32, 34 and 35 of Decree 55/2001 which approves the implementing of regulations of Law 5/2000 regarding tax on wastewater discharges. The amendment introduced by Decree 50/2005 is carried out in light of the recently approved amendment of the General Tax Law affecting the rebate and reimbursement rights, in the returns and payments as well as foreign tax payers’ income. COURT RESOLUTIONSCivil liability. Article 1,908 of the Spanish Civil Code.Decision of the Supreme Court of 14 March 2005.The Supreme Court’s decision dated 14 March 2005 focuses on Article 1,908 of the Civil Code when analysing the complaint filed by a number claimants against two aluminium manufacturing companies for damage caused to the claimants’ crops due to the irregular operation of the defendants’ industrial premises. The Court ruled in favour of the claimants, on the basis of the following arguments: Firstly, the Supreme Court stated that civil liability arising as a consequence of damages to the environment must be considered, in general, as a protection of a healthy environment for the well-being of individuals and, more specifically, as a way of protecting personal rights. Secondly, in response to the defendants’ arguments that premises complied with applicable regulations concerning air emissions, hence excluding any liability, the Supreme Court concluded that, even though the emissions from the premises complied with applicable regulations quantitatively, they were still noxious and caused damage to third parties (the claimants) who were unrelated to the referred premises. Under Article 1,908 of the Civil Code, it is the existence of harmful effects that gives rise to the obligation to compensate regardless of whether the damage is caused by the defendant’s negligence. This Resolution reinforces the strict liability consideration under Article 1,908 of the Civil Code and reiterates, once again, the application of the general principles of civil liability for the protection of the environment in accordance with Article 45 of the Spanish Constitution. Freedom of Access to Information on the Environment.The European Court of Justice Decision dated 21 April 2005 (C‑186/04).The European Court of Justice Decision of 21 April 2005 considered the effects of administrative silence in relation to the freedom of access to information on the environment. More specifically, this decision examined whether Articles 3 and 4 of Directive 90/313/EU of the Council, of 7 June 1990, on freedom of access to information on the environment, prohibits a national regulation from interpreting the lack of response from the authority to which the request of information has been made as a denial. The Court considered that a denial interpreted from administrative silence is contrary to the provisions of Directive 90/313/EU, as such Directive imposes on Member States the obligation to justify any denial to provide the requested information. Hence, a denial based on administrative silence cannot be justified, due to its specific nature. Based on this rationale, the Court stated that the relevant authority’s lack of response cannot constitute a valid denial of a request for information on the environment.
The information contained in this Newsletter is of a general nature and does not constitute legal advice |
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