Basel Convention

SPAIN

Status of Ratification/Accession/Acceptance/Approval:	07.02.1994 (r)
Acceptance of the Amendment to the Basel Convention:	07.08.1997

Competent Authority

Focal Point

Subdireccion General de Calidad Ambiental Direccion General de Calidad y Evaluacion Ambiental Ministerio de Medio Ambiente Plaza de San Juan de la Cruz, s/n 28071 – Madrid tel: [phone] fax: [phone] In addition (but only for movements of wastes among Spain and Members States of the European Union), there are 17 Competent Authorities for the regions of Andalucía, Aragón, Asturias, Baleares, Canarias, Cantabria, Castilla - La Mancha, Castilla y León, Cataluña, Extremadura, Galicia, Madrid, Murcia, Navarra, País Vasco, La Rioja and Valencia. A complete list could be obtained from the Focal Point.

Office of Environmental Quality Department of Environmental Quality and Assessment Ministry of the Environment Plaza de San Juan de la Cruz, s/n 28.071 - Madrid tel: [phone] fax: [phone] e-mail: [e-mail] web site: www.mma.es

National Definition

According to the Act 10/1998 on Wastes, Article 3, Definitions, “wastes” are those substances or objects falling under any of the categories referred to in the annex to the present Act, which the holder discards, has the intention or is required to discard. In any case, substances or objects (which fulfil the above condition) and listed in the European Waste Catalogue approved by the Community institutions should always be considered as wastes. (For categories of wastes appearing in the annex to the Act, see annex II to the questionnaire) (The version in force of the European Waste Catalogue/List has been adopted by Decision 2000/532/EC of the Commission of European Communities of 3^rd May 2000, amended by Decisions of the Commission 2001/118/EC of 16^th January 2001, 2001/119 of 22^nd January 2001, and Decision of the Council 2001/573 of 23^rd July 2001).

According to the Act 10/1998 on Wastes, Article 3, Definitions, “hazardous wastes” refers to those wastes appearing in the Hazardous Wastes List adopted by Royal Decree 952/1997, as well as their containers. Those which have been classified as hazardous in pursuance of Community norms and those which the Government can approve in accordance with the established European norms or international agreements to which Spain is a Party. (Royal Decree 952/1997 publishes in Spain the Community list of hazardous wastes approved through decision 94/904/EEC of the Council of the European Communities of 22 December 1994, which has been derogated by new Commission and Council Decisions –see above paragraph). The transboundary movement of wastes in Spain, is governed by Council regulation (EEC) No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community, amended by Council regulations (EEC) No 120/97, (EEC) No 2408/98 and (EC) No 2557/2001, as well as decision 1999/816/EEC. Provisions in the body of the text of these regulations and in its annexes II, III, IV and V, define those wastes on which the control applies. Since there is no definition of hazardous wastes, it is not possible to list those hazardous wastes which, even though not included under article 1 (1) of the Basel Convention, will be subject to the control of shipments. It has to be determined in each case whether the waste is listed under annexes V, II, III or IV (in that order) of the regulation. For instance, it can be identified: Sludge from the treatment of sewage; municipal and domestic wastes; and wastes from the combustion of municipal/domestic wastes (subject to control of shipments and in many cases to a ban). Although it may be deducted from the information referred to in the preceding question, the following wastes, inter alia, are subject to control of shipments (and in many cases to a ban): sludge from the treatment of sewage; municipal and domestic wastes; and wastes from the combustion of municipal/domestic wastes.

Data* on the Generation and Transboundary Movements of Hazardous Wastes** and Other Wastes*** in 2000 (as reported)

		Quantities (in metric tonnes)
Generation	Total amount of hazardous wastesgenerated	3 293 705 ^1)
	Total amount of other wastesgenerated	18 925 109 ^2)
Transboundary Movement	Total amount of hazardous wastesand other wastesexported	60 772
	Total amount of hazardous wastesand other wastesimported	204 675

* Figures are rounded to the nearest integer.

** Covers wastes under Art. 1 (1)a (Annex I: Y1-Y45) and Art. 1 (1)b.

*** Covers wastes under (Annex II: Y46-Y47).

1) Figure refers to total amount of hazardous industrial wastes generated (excluding wastes from mining activities and from mineral processing activities). Source: revision of the Hazardous Waste National Plan.

2) Figure refers to total amount of municipal wastes generated.

Restrictions on Transboundary Movement	Amendment to the Basel Convention The amendment to the Basel Convention (Decision III/1) has been implemented in Spain through the Act of Approval of 07.08.97. Its actual implementation had already started on 27.01.97 through Council regulation (EEC) No 120/97 (which was amended by Council regulation (EEC) No 259/93), in pursuance of decisions II/2 and III/1 of the Basel Convention.
	Restrictions on export for final disposal Spain restricts the export of hazardous wastes and other wastes for final disposal to certain countries. The relevant legislation is Article 14 of Council Regulation (EEC) no 259/93 (entered into force on 09.02.93) which bans all export of wastes intended for elimination, except for wastes destined to EFTA countries that are also Parties to the Basel Convention. The restriction applies to all countries, except Member States of the European Union, Norway, Switzerland, Iceland and Liechtenstein); and to all wastes. Article 14 also lays down restrictions, in certain circumstances, on the export of wastes to EFTA countries which are Parties to the Basel Convention.
	Restriction on export for recovery Spain restricts the export of hazardous wastes and other wastes for recovery to certain countries. The relevant legislation is Article 16 of Council Regulation (EEC) No. 259/93, which prohibits all export of wastes which appear in annex V to the regulation, except for those destined to countries to which the OECD Decision applies. The restriction covers non OECD countries and wastes listed in Annex V to Regulation (EEC) Nº 259/93. Article 17 of the regulation stipulates that the movement of the wastes listed under annexes III and IV, intended for recovery, will be subject to control, which in certain circumstances could imply imposing restrictions on exports of these wastes.
	Restrictions on import for final disposal and for recovery Spain restricts, under some circumstances, the import of hazardous wastes and other wastes for final disposal and for recovery. The relevant legislation is Article 17 of Act 10/98 on Wastes, which entered into force on 22.04.98. The restriction may apply to all countries and all wastes.
	Restrictions on transit Spain restricts the transit of hazardous wastes and other wastes. The relevant legislation is the Articles 3, 4, 6, 7, 23 and 24 of Council Regulation (EEC) No 259/93, which entered into force on 09.02.93. The restriction covers all countries and all wastes intended for elimination and those listed under annexes III and IV of the regulation or those not yet included in annexes II, III and IV to the regulation, in the case of those destined for recovery.

Reduction and/or Elimination of Hazardous Waste Generation	National strategies/policies The national strategy on hazardous wastes in Spain falls under the National Plan on Hazardous Wastes (1995-2000), published in the Official Government Gazette of 13 may 1995. The Plan is currently under revision. The Plan seeks to gradually reduce at source the amount of hazardous wastes generated, while ensuring their environmentally sound reuse, recycling and treatment by: ensuring the generator of the wastes assumes his responsibility; encouraging agreements between employers and unions; conducting studies into available technology for reducing wastes; discouraging recourse to hazardous substances through fiscal, financial and legislative measures; and encouraging the establishment of treatment facilities. It lays down specific goals for the reduction, reuse and recycling of hazardous wastes. For these goals to be attained, lines of credit and subsidies are granted for business and/or sectoral plans, for technical assistance to small and medium-sized firms, for eco-auditing and for the management of wastes. The plan is implemented through agreements between the national government and the governments of the regions. It is currently under review. The national strategy on urban wastes in Spain is set on the National Plan on Municipal Wastes (2000-2006), published in the Official Gazette of 2 February 2000. Its objectives are, inter alia: to maintain in the year 2002, the quantity of municipal wastes generated, at the 1996 level, thereby reducing by 6 per cent the quantity of waste per inhabitant per year; to reduce, prior to 30 June 2001, by 10 per cent, the annual generation of packaging wastes in relation to the quantity generated in 1996; to ensure other levels of reuse, recycling and recovery for specific wastes selectively collected (glass, paper/carton, packaging of various origins, etc.) set out in the Plan; to eliminate the uncontrolled spillage of wastes by the end of 2006 and in the same year, eliminate in controlled landfill sites 33 per cent of the municipal wastes generated, and in landfill sites which comply with directive 1999/31/EC of the European Community; and to build "clean points" for the selective collection of domestic hazardous wastes (paint, solvents , oils, etc.), of which 200 had already been installed in the whole country by 1999. The Plan provides for a total investment of 500,000 million pesetas. (3.000 million Euros). In addition to the National Plan on Municipal Wastes, various plans on specific waste streams have been issued, namely: used tires (October 2001); end of life vehicles (August 2001); construction and demolition wastes (June 2001); and sludge from sewage treatment plants (June 2001).
	Legislation, regulations and guidelines Act 10/98 on Wastes is aimed, inter alia, at preventing the production of wastes and encouraging, in this order, its minimization, reuse, recycling and other forms of recovery, with the view to protecting the environment and human health. To that end, the Government will be able to establish norms for the various types of wastes, including specific provisions on the production and management of wastes. Industries and activities generating hazardous wastes are subject to administrative authorization. The permit must determine the maximum quantity per unit of production as well as the characteristics of the wastes which can be generated, on the basis of certain criteria, including, the use of less contaminating technologies under economic and technically viable conditions, as well as technical characteristics of the installation in question. When applying the criteria for deciding on the less contaminating technologies, priority will be given to the principle of prevention of wastes. To that end, the Act foresees the use of various instruments as voluntary agreements on the management of wastes by those responsible for launching on the market products which after use become waste. Voluntary agreements should be approved or authorized by the relevant competent authorities, which in some cases may themselves participate in the agreements. The Act expressly requires that any potentially recyclable or recoverable waste should be destined for that purpose and its elimination avoided as far as possible (in the case of hazardous wastes, this requirement will be applicable from 1 January 2000). The regional authorities of the Spanish State should have to draw up regional plans on waste. The national government, by integrating these regional plans, should draw up national plans on waste which should establish the goals relating to reduction, reuse, recycling, other forms of recover and elimination, the measures to adopt in order to attain these goals, the financial means and the procedure for reviewing the plans. Act 11/97 on packaging and packaging wastes lays down goals for reducing the generation of packaging and recovering those produced, as well as requirements for reducing the content of certain hazardous substances in the packages (lead, cadmium, mercury and hexavalent chromium). Royal Decree 782/1998, which develops and implements the above mentioned Act 11/97 on packaging and packaging wastes requires packaging industries to prepare triennial forecasts indicating the goals for reducing the generation of packaging waste and their content of hazardous substances. The attainment of previous goals will be ensured through voluntary sectoral agreements (between packers, dealers in packaging products, those involved in recycling activities, etc.) reached by establishing integrated management systems for packaging wastes and used packages. There is, in addition, a specific norm governing used oils and the prevention and management of waste from used batteries and accumulators. Royal Decree 1378/1999 provides for measures for eliminating and managing PCB/PCTs as well as apparatus containing them. It sets the year 2010 as the deadline for the gradual elimination of PCBs, either directly, including apparatus that contain them, or indirectly through decontamination. Further rules are being prepared including sectoral agreements on other specific wastes streams such as out-of-use vehicles or used batteries and accumulators, which incorporate measures on the minimization of the generation of hazardous wastes. In 27^th December the 2001, Decree 1481/2001 regulating the landfilling of wastes has been passed in Spain (it is the transposition of directive 1999/31/EEC) The costs supported today by users of landfills are, in general terms, far from reflecting the real cost of final disposal of wastes through landfilling, which in fact means a transfer of environmental costs to the society as a whole and to future generations. The new regulation will means that the price the user of a landfill will pay for the elimination of his wastes will be the real price, including the cost of controlling the landfill for a minimum period of 30 years after it has been closed. This measure will apply to all new landfills and gradually (before the year 2009) to all existing ones. The rise in the cost of the landfilling of wastes will have a positive effect on more appropriate alternative methods of waste management from an environmental point of view (reuse, recycling, energy recovery), as well as on the prevention of the generation of wastes.
	Economic instruments/initiatives Subsidies or economic assistance reflected in the plans (mentioned above); Every year the State grants subsidies for the environmentally correct collection and management of used oils, on a quantity which averages 6 million Euros; and Sectoral agreements on the management of wastes (mentioned above).
	Measures taken by industries/waste generators Voluntary sectoral agreements on the management of wastes (mentioned above); and Certification of Environmental Management Systems: according to ISO 14000, more than 600 firms (as of 30.11.2000); and according to the Community Environmental Management Audit System (EMAS), 70 firms (as of 14.09.2000).

Transboundary Movement Reduction Measures

National strategies/policies National policy relies on: implementation of the "principle of self-sufficiency" in the elimination of wastes generated in Spain, wherever possible; implementation of the "principle of proximity" in the treatment of wastes, which implies that the wastes must be treated (especially hazardous wastes) at the closest point to their production to minimize movement; implementation of decision III/2 of the Basel Convention on the prohibition of the export of hazardous wastes to non-member countries of OECD (in the case of wastes intended for elimination, the restriction applies to countries that are not members of EFTA); and strategies, laws and other instruments mentioned in Reduction and/or Elimination of Hazardous Waste Generation.

Disposal/ Recovery Facilities

There are many facilities in the country. A complete list could be obtained from the Focal Point.

Bilateral, Multilateral or Regional Agreements

OECD Council Decision C(92)39/Final, effective from 30 March 1992 concerning the control of transfrontier movements of wastes destined for recovery operations. Bilateral agreement with Andorra, valid from 27.01.2000 to 10.07.2004, relating to imports from Andorra to Spain of wastes, generated in Andorra, with the aim of their environmentally sound management. Wastes covered: Chapters GA, GC, GE, GG, GH, GI, GJ, GK, GL, GM, GN GO in Annex II of EC Regulation (EEC) 259/93; Wastes categories AA170, AA180 and chapters AB, AC, AD in Annex III of EC Regulation (EEC) 259/93; Medicines; Construction and Demolition Wastes; Fridges; Animals killed by sanitary reasons or died by natural causes. Disposal operations: valorisation; Final disposal (but not allowed for C & D wastes imported under the agreement).

Technical Assistance and Training Available

Some of the available sources are: Consejo Superior de Investigaciones Científicas (CSIC), Serrrano 117, 28006-Madrid, www.csic.es; Centro de Investigaciones Energéticas Medioambientales y Tecnológicas (CIEMAT), Avenida Complutense 22, 28040-Madrid, www.ciemat.es; Centro de Estudios y Experimentación de Obras Públicas (CEDEX), Alfonso XII 3/5, 28014-Madrid, www.cedex.es; Instituto de Salud Carlos III, Sinesio Delgado 6 (pabellón 3), 28029-Madrid, www.isciii.es; and Instituto Tecnológico Geominero de España (ITGE), Ríos Rosas 23, 28003-Madrid, www.itge.mma.es A complete list could be obtained from the Focal Point.

Basel Convention

Country Fact Sheet