Seminar on Environmental Law

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Seminar on Environmental Law

• CARDS Project Good Governance and the rule of
  Law in Croatian Environmental Policy
• Zagreb, 23-24 November 2006
• Environmental Law in Spain
• Ana Barreira
• www.iidma.org

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ENVIRONMENTAL LAW IN SPAIN

• 1.- BACKGROUND AND CONTEXT
• 2.- THE ACCESSION TO THE EEC
• 3.- SECTORS BRIEF REVIEW
• 4.- LEGAL MECHANISMS FOR THE DEFENSE OF THE
  ENVIRONMENT IN SPAIN
• 5.- LEGAL MECHANISMS FOR THE DEFENSE OF THE
  ENVIRONMENT AT THE EU
• 6.- CONCLUSSIONS

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1.- BACKGROUND AND CONTEXT
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• THE ENVIRONMENT PREVIOUS TO THE 1978 SPANISH
  CONSTITUTION
• 1972 UN Stockholm Conference on the Human
  Environment
• 1972 EC Declaration on the Environment
• Decree of 13/04/1972 creating a Government
  Commission for the Environment comprised of 14
  Ministers. It also created the Interministerial
  Commission for the Environment (CIMA)
• CIMA prepared and published the first report on
  the Environment in Spain published on June 1977.
  
• No much activity, actions as a response to the
  International
• Community movement, not to forget the historical
  period

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THE ENVIRONMENT IN THE 1978 SPANISH CONSTITUTION

• Article 45
• 1. Every person has a right to enjoy a healthy
  environment for its own development and a duty to
  protect it.
• 2. The public authorities will ensure the
  rational use of the natural resources aimed at
  protecting and enhancing the quality of life and
  defending and restoring the environment.
• 3. Criminal and administrative sanctions will be
  established for those who violate the previous
  provision in addition to the obligation to repair
  the damage.

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• Article 148
• The Autonomous Communities will be able to
  acquire competences on the following areas.....
  9. Protection of the environment management
• Article 149
• The State has exclusive competence on the
  following areas....
• 23. Basic legislation on environment protection,
  having the Autonomous Communities faculty to
  establish additional protection legislation...

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PRE-ACCESSION PERIOD

• During 1983 and 1984 cooperation with EEC Member
  States was very intense and Spain attended the
  Environment Council of Ministries as observer on
  November 1985.
• Spain hardly had environmental legislation and
  the pieces of legislation on environment issues
  were roughly in line with EEC provisions
• 1970 Hunting Law
• 1972 Atmosphere Protection Act
• 1975 Domestic and Urban Wastes Act
• 1975 Natural Protected Areas
• 1985 Water Act
• Institutions Ministry of Public Works-Under
  Secretary for Territory and Environment created
  in 1977

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2.- THE ACCESSION TO THE EEC

• January 1, 1986 Portugal and Spain acceded to
  the EEC
• Accession to the European Communities Treaty
• Accession Act established the conditions for
  accession
• Title II of Part IV of the Act provided for
  transitional periods for Spain on the following
  issues
• Free movement of goods
• Free movement of persons, services and capital
• Agriculture
• Fisheries
• External Relations
• Financial aspects

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AT THE TIME OF ACCESSION, THE ENVIRONMENT WAS NOT
INCLUDED IN THE TREATY OF ROME

• Part V of the Act included a title on the
  applicability of the acts of the institutions in
  the new member states.
• Unless a transitional period were negotiated, all
  secondary legislation was in force from the
  accession time. (Article 395).
• Annex XXXVI , part III, contained the list of the
  Environmental Directives to which transitional
  periods were applicable BUT only Portugal
  negotiated such periods. Therefore, SPAIN HAD TO
• COMPLY WITH THE ENVIRONMENTAL acquis
  communitaire FROM JANUARY 1, 1986

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• Main Transitional periods for Portugal
• Deadline January 1, 1986-Directives on disposal
  of waste oils, water quality of drinking water
  and human consumption water and methods of
  measurements and frequencies.
• Deadline January 1, 1993- Directive on quality of
  bathing water
• To adequate Spanish legislation to the EC
  legislation the 47/1985 Act delegated powers to
  the Government to pass the necessary Acts and
  amendments to existing Acts to comply with the
  acquis communitaire.
• Legislation to Ammend
• Natural Protected Areas, Hunting, Domestic and
  Urban Wastes
• Directives to implement into Spanish Law
• Wild birds, EIA and packaging of dangerous
  substances

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Portugal and Spain introduced the Mediterranean
perspective to the EC( specific problems) and
gave impetus to certain temporary exceptions.

• 1987 SINGLE EUROPEAN ACT-Environmental Chapter
• Three Spanish EU Presidencies
• 1.- 1988 to further advance in the 4th EAP,
  proposed more stringent ozone depletion measures,
  biotechnology proposals, soil erosion and
  habitats protection
• 2.- 1995 LIFE II Euro Mediterranean Conference
  Proposal for a
• EU Desertification Strategy Impetus for new EU
  water policy
• 3.- 2002 Launch of a Soil Strategy, Preparation
  of WSSD.
• Since the accession Spain needed and needs EU
  funds to
• comply with environmental legislationstructural,
  LIFE,
• Cohesion Funds (Maastricht)

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THE COHESION FUNDS

• Art. 130 D Maastricht Treaty Fund to develop
  environmental protection projects and
  transeuropean transportation infrastructure
  networks.
• Eligible countries Greece, Ireland, Portugal and
  Spain
• Funds received by Spain water sewerage, waste
  management, urban environment

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3.- SECTORS BRIEF REVIEW

• Water
• Waste Management
• Biodiversity

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Water

• Authorities emphasised more on water quantity
  than in water quality due to precipitation
  patterns ( rainfall national average is about
  690mm per year)
• LEGISLATION AND ACHIEVEMENTS
• Dangerous Substances Directives 76/464/EEC on
  discharge of dangerous substances and 80/68/EEC
  on groundwater pollution implemented by 1985
  Water Act, ammended by 46/1999 Act and its 1986
  Implementing Regulation
• The daughter Directives have been implemented
  through Ministerial Orders.
• Drinking Water D 75/440/EEC on drinking water
  and
• D 79/869/EEC on measurement methods implemented
  by
• 1988 Ministerial Orders and 1985 Water Act
  Implementing
• Regulations

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• Bathing Waters D 76/160/EEC implemented by
  734/1988
• Royal Decree and 1988 Implementing Regulation
• Urban Waste Water Treatment D 91/272/EEC
  implemented by
• RD 11/1995, RD 509/1996 provides rules to collect
  and treat urban waste water and by the 1995
  National Sewerage and Waste Water Treatment Plan.
  2004, 73 of the population in accordance D.
• Water Framework Directive implemented by the
  Consolidated Water Act 2001 through an amendment

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• Waste Management
• Urban waste generation ranges from 300 to 400 kg
  per capita
• Management of urban solid is mostly by landfill
  though decreasing
• LEGISLATION AND ACHIEVEMENTS
• Spanish legislation on waste in line with the
  Community Strategy
• for Waste Management
• - Prevention principle
• Producer responsibility and polluter pays
  principle
• Proximity principle
• Hierarchy of waste management operations
• Prevention of waste, recycling and reuse, optimum
  final
• disposal and improved monitoring

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• Waste D 91/156/EEC on waste implemented by
  10/1998 Act on Waste all kind of wastes wastes
  community list contaminated land selective
  collection for municipalities with 5.000 inh.
  Hazardous waste also regulated by RD 952/1997
• Annual Hazardous Generation Waste Statements
• 3.000 in 1994 4820 in 1999 10.806 in 2003
• Annual Hazardous Waste Managers Reports 331 in
  1999 742 in 2003
• Hazardous Waste Imports 102.704 tns in 1997
• 113.663 tns. In 1999
• 232.667 tns. In 2003
• Hazardous Waste incineration D 2000/76/EC
  implemented by RD 653/2003,
• Packaging and Packaging Waste D 94/62/EC implemt.
• 11/1997 Act and 782/1998 Implementing Regulation
• return, collection, recovery and deposit system
  (charge)
• Integrated management system (11.000 business
  accepted)

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• Urban Waste National Plan 2000-2006
• 2004 Reuse goals
• 25 mineral water bottles
• 35 refreshing drinks bottles
• 70 beer bottles
• 15 wine bottles
• 2006 Recycling goals 50 minimum for packaging
  waste
• Developed through National Plans on
• Recovery and Recycling
• Packaging and Packaging Waste
• Compost
• Energy Valorisation
• Elimination

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• Biodiversity
• The most outstanding feature of nature in Spain
  is its wide biodiversity. More than half of all
  European species can be found in Spain
• - Flora 8.000 vascular plant species 3.500
  lichens and 12.000 fungus species
• Fauna 118 mammals 368 birds 68 freshwater
  fish 25.000 invertebrates
• High degree of endemism species 1.500 vascular
  plants are endemic to Spain
• Wide diversity of habitats due to the
  geographical
• heterogeneity

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• LEGISLATION AND ACHIEVEMENTS
• Wild Birds D 79/409/EEC implemented by 1989
  Conservation of Natural Areas and Wild Flora and
  Fauna Act (general goals of conservation in
  Spain)
• This Act established the Endangered Species
  National Catalogue
• On species conservation this Act was amended by
  40/1997 Act to allow derogations in accordance to
  art. 9 of the Wild Birds D and art. 16 of the
  Habitats Directive.

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• Habitats 92/43/EEC implemented by RD 1997/1995
  and RD 1193/1998.
• Spanish proposed contribution to the Nature 2000
  Network includes sites of the 4 biographical
  regions atlantic, macaronesian, alpine and
  mediterranean.
• It represents almost 17 of the Spanish territory
• The Macaronesian list is comprised of Canary
  Islands territories
• 176.537 has. marine
• 283.627 has. land
• The Mediterranean list is comprised of
• 6.936.688 has. land
• 146.834 has. marine
• Balearic Islands have 29 community sites (4,69
  of territory)
• 23.534 has. land
• 64.473 has. marine

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4.- LEGAL MECHANISMS FOR ENVIRONMENTAL DEFENSE IN
SPAIN

• Access to information
• Ley 27/2006 of 18 july 2006
• Public participation mechanisms for
  environmental defense
• Legislative Initiative
• Right to petition
• Petition to the legislative power
• Complaints to the Ombusdman
• Public information procedure within an
  administrative process
• Access to justice
• Access to administrative procedures
• Reporting to the administration
• Access to administrative courts of justice
• Access to criminal courts
• Access to civil courts
• Access to the Constitutional Court (HRs
  procedure)

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5.- LEGAL MECHANISMS FOR ENVIRONMENTAL DEFENSE AT
THE EU

• Access to information access to documents of EU
  institutions
• Public participation in the European Commission
  decision-making processes
• Petition to the European Parliament
• Complaint to the European Commission
• Complaints to the European Ombusdman
• Access to the ECJ

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6.- CONCLUSIONS

• Accession to the EEC was an important impetus for
  Spains environmental policy. Legislation was
  further developed and brough into line with
  Community environmental law
• It obliged Spanish authorities to take the
  environment seriously though it took some time
• It contributed to the progressive establishment
  of an environmental administrative structure
  necessary for environmental management
• 1996 MoE creation
• Autonomous communities environmental ministers

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• It contributed to raise awareness among spanish
  citizens and
• companies
• Still there are difficuties for public
  participation
• Difficulties for enforcement actions ( 6th EAP)
• Without doubt the new law on the three access
  rights will give impetus to environmental
  protection in Spain

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• ana.barreira_at_iidma.org
• www.iidma.org