Background; environmental law in Spain.
The first legal framework in Spain, referring to the environment, was the Regulation of Annoying, Unhealthy, Noxious and Dangerous Activities, approved by Decree 2414/1961. This regulation was in force until it was repealed by Law 34/2007 on air quality and atmospheric protection. During that period, Law 38/1972 on the Protection of the Atmospheric Environment also played an important role, although it was repealed by the same Law 34/2007. Both regulations stood out for their technical quality and innovative approach, laying the foundations for environmental protection in Spain.
Subsequently, in the Spanish Constitution of 1978, the environment and its protection were recognized, as goods or interests of a collective nature, in Article 45:
- Everyone has the right to enjoy an environment suitable for the development of the person, as well as the duty to preserve it.
- The public authorities shall ensure the rational use of all natural resources in order to protect and improve the quality of life and to defend and restore the environment, relying on the indispensable collective solidarity.
- For those who violate the provisions of the preceding paragraph, under the terms established by law, criminal or, as the case may be, administrative sanctions will be established, as well as the obligation to repair the damage caused.
Although in 1978 it was not considered a priority to establish environmental protection measures for activities and the legal framework excluded environmental law from fundamental regulations, the Constitution introduced this aspect as one of the guiding principles of economic and social policies. Thereafter, environmental protection was instituted through ordinary laws as a minimum safeguard against administrative acts, although it was still far from reaching the legal standards of the 21st century.
The real influence in this area came with the incorporation of Spain into the European Communities in June 1985, with effect from January 1, 1986. At that time, the set of Community environmental regulations was adopted, which was strengthened by the inclusion, in the Treaty establishing the European Communities, of the Community environmental policy, promoted by the reform of the Single European Act of 1986.
At that time, one of the most significant milestones in Spanish environmental regulations was the enactment of Royal Legislative Decree 1302/1986 on Environmental Impact Assessment, which laid the foundations for the current Law on Environmental Impact Assessment of Projects, approved by Royal Legislative Decree 1/2008.
The leveling of the scope of competence of all the Autonomous Communities with respect to the “legislative development and execution of additional regulations for the protection of the environment” – effected by means of Organic Law 9/1992 on the transfer of competences to the Communities – notably boosted the production of autonomous environmental laws.
From a structural point of view, the creation of the Ministry of the Environment by Royal Decree 758/1996, followed by similar initiatives in the Autonomous Communities, promoted considerable progress in environmental public policies, both at the state and autonomous community levels, and, therefore, in the field of environmental law.
Instruments for environmental protection, Integrated Pollution Prevention and Control
Law 16/2002 on Integrated Pollution Prevention and Control transposes Directive 2008/1 and its amendments. This law establishes a new approach to environmental protection, introducing the need to obtain the Integrated Environmental Authorization (AAI) to carry out industrial activities, as well as the concept of Best Available Techniques (BAT) as a measure of environmental protection and information transparency.
These changes have a significant impact for the competent authorities and for the industrial sectors.
The main objective of Law 16/2002 is to prevent, reduce and control pollution as a whole by means of prevention and control systems that prevent its propagation among different media. All industrial complexes that carry out activities listed in Annex 1 of this Law must obtain the Integrated Environmental Authorization (AAI).
The most relevant aspects are:
● Introduces the concept of Best Available Techniques (BAT) as a reference for establishing Emission Limit Values (ELVs).
● Establishes the Integrated Environmental Authorization (AAI), which integrates and coordinates existing procedures and authorizations, for which full administrative coordination of the agencies involved in its granting is essential.
● Promotes dialogue and information exchange between administrations and industrial sectors.
● Promotes the principle of information transparency, through actions such as the PRTREspaña registry and other information mechanisms.
For industries it means:
● The requirement to be aware of BAT conclusions defined or considered for their sector.
● Simplification of administrative procedures.
● Through the PRTR-España registry, together with other mechanisms, information transparency of industrial complexes towards the public and other interested parties.
Law 1/2023 of the Principality of Asturias of 15 March of March 15, on Environmental Quality. –
This is the Principality’s main legal instrument for the prevention and control of environmental quality. Enacted on March 15, it introduces the Simplified Integrated Environmental Authorization for activities with a moderate environmental impact.
These activities, which are not listed in Annex I of the Integrated Pollution Prevention and Control Law, require an ordinary environmental impact assessment or a sectorial environmental authorization in areas such as water, air, soil or waste, in accordance with state or regional regulations.
See: “Law 21/2013, of December 9, 2013, on environmental assessment. ANNEX I Projects subject to the ordinary environmental assessment regulated in title II, chapter II, section 1.ª”
The activities within the scope of application of the Law are those whose characteristics are included in the requirements established in Article 31, which provides that certain industrial activities, which are not included in Annex I of the Integrated Pollution Prevention and Control Law but which have a moderate environmental impact, will require a simplified integrated environmental authorization.
Such authorization will cover all aspects related to air pollution, wastewater discharges, waste management, among others, in a single administrative procedure. In addition, the authorization may include the authorization of discharges to inland water bodies. This authorization is granted without affecting other authorizations required by water and coastal regulations or other applicable laws.
The Environmental Authorization Service of the General Directorate of Environmental Quality and Climate Change, belonging to the Administration of the Principality of Asturias, is responsible for managing the Integrated Environmental Authorizations (AAIs). These authorizations are processed within 4 months, which makes it easier to obtain the environmental authorization and allows to start up activities and facilities in a faster way. However, infrastructure projects are generally not subject to this authorization, as they are not considered facilities.
Required Documentation
- Application on a standard form.
- Basic project drafted by a competent technician with the contents listed in article 38 of Law 1/2023.
- Town planning certificate from the town council in whose territory the installation is located, accrediting town planning compatibility and municipal ordinances, or copy of the request for such certificate.
- Any other information and documentation accrediting compliance with the requirements established in plans, ordinances and technical regulations applicable to the activity in the municipality in whose territory the facility is located.
- Any other information and documentation accrediting compliance with the requirements established in the applicable environmental legislation, including, if applicable, those relating to mandatory bonds and insurance required, among others, by Law 26/2007, of October 23, 2007, on Environmental Liability.
- A document containing the data which, in the applicant’s opinion, are confidential in accordance with the provisions in force.
- Non-technical summary of all the specified indications, to facilitate their understanding for the purposes of the public information process.
In activities involving discharges into the public water domain regulated in the revised text of the Water Law, approved by Royal Legislative Decree 1/2001:
- Documentation required by the basin organization for authorization.
- When necessary for the development of the activity:
- Copy of the previous authorizations or concessions of public domain or others required by sectorial regulations, or copy of their application when they are in process.
In the case of facilities subject to Royal Decree 840/2015, of September 21, establishing measures to control the risks inherent to major accidents involving hazardous substances:
- Documentation required by state and regional regulations on the subject.
In case the facility has implemented a Community eco-management and audit scheme in accordance with Regulation (EC) 1221/2009:
- Last validated environmental statement and its updates.
- If applicable:
- Environmental impact study or environmental document, with the content and requirements demanded by current legislation on environmental impact assessment of projects.
If you do not agree that the Principality of Asturias should collect information from other Public Administrations or these documents have not been previously provided to any Administration, it is also necessary:
Certificate accrediting the identification of the cadastral plots where the activity is to be carried out and their ownership, as well as the graphic representation of the delimitation of the outline of the installation.
National identity document or document proving the identity or identity card of the foreign person residing in Spanish territory, of the applicant natural person.
Tax identification card, of the applicant legal entity
