Machine Translated by Google CONSOLIDATED LEGISLATION Law 34/2007, of November 15, on air quality and protection of the atmosphere. head of state «BOE» no. 275, of November 16, 2007 Reference: BOE-A-2007-19744 INDEX Preamble................................................. ............... 5 CHAPTER I. General provisions................................................... .. 10 Article 1. Object................................................... .......... 10 Article 2. Scope of application.............................................. ... 10 Article 3. Definitions.............................................. ....... 10 Article 4. Guiding principles............................................... .... 12 Article 5. Powers of the Public Administrations................................... 12 Article 6. Cooperation and inter-administrative collaboration..................................... 13 Article 7. Obligations of the owners of facilities where potentially polluting activities of the atmosphere are carried out.................................... .. 14 Article 8. Information to the public............................................ ... 14 CHAPTER II. Assessment and management of air quality.............................................. 15 Article 9. Air pollutants and air quality objectives.................................. 15 Article 10. Assessment of air quality.............................................. 15 Article 11. Zoning of the territory................................................... 16 CHAPTER III. Prevention and control of emissions................................................... 16 Article 12. Control of emissions.............................................. 16 Article 13. Potentially polluting activities of the atmosphere................... 16 Article 14. Substantial modification of the installation................................... 17 Page 1 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION Article 15. Inter-community and cross-border pollution................................... 17 CHAPTER IV. Planning................................................. ..... 18 Article 16. Plans and programs for the protection of the atmosphere and to minimize the negative effects of air pollution..................................... .......... 18 Article 17. Public participation............................................ .. 19 Article 18. Integration of the protection of the atmosphere in sectoral policies.............. 19 Article 19. Environmental indicators................................................... 19 CHAPTER V. Instruments to promote protection of the atmosphere................................... 20 Article 20. Voluntary agreements.................................................. . 20 Article 21. Management systems and environmental audits................................... 20 Article 22. Research, development and innovation................................... 20 Article 23. Public contracting............................................... .. 20 Article 24. Training and public awareness.................................... 20 Article 25. Environmental taxation............................................... .. 21 CHAPTER VI. Control, inspection, surveillance and follow-up.................................... 21 Article 26. Control and inspection.............................................. ... 21 Article 27. Spanish air pollution information, surveillance and prevention system.. 21 Article 28. Stations, networks and other air quality assessment systems..................... 22 CHAPTER VII. Sanctions regime................................................ 22 Article 29. Responsibility.............................................. ... 22 Article 30. Typification of infractions................................................... 22 Article 31. Sanctions................................................... ....... 24 Article 32. Graduation of sanctions............................................... 24 Article 33. Criminal liability..................................................... 25 Article 34. Concurrence of sanctions................................................... 25 Article 35. Provisional measures.................................................. 25 Article 36. Obligation to replace, coercive fines and subsidiary execution................... 25 Article 37. Punishment power............................................ 26 Additional provisions................................................... ...... 26 First additional provision. Sanctioning regime related to international and intra-community trade.................................................... .............. 26 Page 2 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION Second additional provision. Activities and facilities included in the scope of application of Law 16/2002, of July 1, on prevention and integrated control of pollution and regional legislation................... ........................................... 26 Third additional provision. Installations included in the scope of application of Law 1/2005, of March 9, which regulates the trading regime of greenhouse gas emission rights............. ............................................................ 26 Fourth additional provision. Light pollution................................. 26 Fifth additional provision. Application of the laws regulating National Defense............. 27 Sixth additional provision. More sustainable mobility.................................. 27 Seventh additional provision. Law of sustainable mobility................................... 27 Eighth additional provision. Restructuring of the Tax on certain means of transport. 27 Ninth additional provision. Information regarding vehicle emissions............................. 33 Transitory dispositions................................................ ...... 33 Unique transitional provision. Regime applicable to existing installations.................. 33 Repealing provisions................................................... ..... 33 Unique derogatory provision. Regulatory derogation.................................... 33 Final provisions.................................................. ......... 33 First final provision. Modification of Law 10/1998, of April 21, on Waste.............. 33 Second final provision. Modification of Law 14/2000, of December 29, on Fiscal, Administrative and Social Order Measures.................................... ................ 33 Third final provision. Modification of Law 16/2002, of July 1, on integrated pollution prevention and control..................................... .................. 35 Fourth final provision. Modification of Law 16/2007, of July 4, on the reform and adaptation of commercial legislation in accounting matters for its international harmonization based on European Union regulations............... ................................ 35 Fifth final provision. References to the repealed regulation..................... 35 Final disposition sixth. Competent title ..................................................... 35 Seventh final provision. Deadline for the approval of the consolidated text of the environmental impact assessment.............................................. ...................... 36 Eighth final provision. Regulatory development of state legislation in the cities of Ceuta and Melilla............................................... ........................ 36 Ninth final provision. Enabling for regulatory development............................ 36 Final provision ten. Entry into force.............................................. 36 ANNEX I. List of atmospheric contaminants................................................... 36 ANNEX II. Guidelines for the selection of air pollutants..................................... 37 Page 3 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION ANNEX III. Factors to take into account for establishing air quality objectives and alert thresholds..................................... .................................... 37 ANNEX IV. Catalog of potentially polluting activities of the atmosphere. CAPCA-2010.......... 37 Page 4 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION CONSOLIDATED TEXT Last Modified: December 23, 2017 JUAN CARLOS I KING OF SPAIN All those who were present saw and understood. Know: That the Cortes Generales have approved and I come to sanction the following law. PREAMBLE I The atmosphere is a common good indispensable for life, with respect to which all People have the right to use and enjoy it and the obligation to preserve it. Due to its status as a vital resource and the damage that its pollution can cause to human health, the environment and other goods of any nature, air quality and the protection of the atmosphere have been a priority for decades. of environmental policy. Thus, as the processes of industrialization and urbanization of large territorial areas caused negative impacts on air quality, it became necessary, both at the national, regional and international levels, to articulate a wide repertoire of legal instruments aimed at to make economic and social development compatible with the preservation of this natural resource. In this context is located the important legal heritage and the set of policies and measures that the European Community has been developing since the 1970s in terms of air quality, and the regional and multilateral treaties adopted to achieve other air protection objectives such as such as reducing cross-border pollution, protecting the ozone layer or combating climate change. As far as Spain is concerned, Law 38/1972, of December 22, on the Protection of the Atmospheric Environment can also be included in this process, which, together with its extensive regulatory development, has served to date as a basic standard to frame the response to air pollution problems. The result of applying all the measures indicated has undoubtedly generated significant improvements in air quality, particularly with regard to certain pollutants such as sulfur dioxide. It has made it possible to set quality and emission limitation objectives, reduce pollution from stationary and mobile sources, improve the environmental quality of fuels and address problems such as acid rain or tropospheric ozone, among others. At the same time, in recent decades, progress has also been made on other fronts of atmospheric protection, such as the ozone layer, and the integration of these considerations into other sectoral policies such as energy or transport has deepened. However, despite the aforementioned achievements, air pollution continues to be a matter of serious concern in Spain and in the rest of Europe. All the evaluations carried out show that, despite the measures implemented in the past, there are still levels of pollution with very significant adverse effects on human health and the environment, particularly in urban agglomerations. In addition, the most recent studies confirm that, if new measures are not adopted, environmental and health problems will persist in the future. Specifically in the case of Spain, the evaluations of air quality show that our main problems are similar to those of other European countries although, in some cases, aggravated by our special meteorological and geographical conditions. Page 5 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION II By virtue of the foregoing and within the framework of the initiatives that are being implemented both by the Spanish public administrations and by the European Community to achieve levels of air quality that do not give rise to risks or significant negative effects on human health or the environment, it was evident that in Spain it was essential to update and adapt the capacity to act against air pollution. Although the 1972 Law, thanks to its innovative nature, has rendered an important service to the protection of the atmospheric environment for more than thirty years, it is no less true that, due to the intense changes that have taken place over a long period of time Since its promulgation, it has now become outdated in important respects and overtaken by events. For this reason, one of the main measures to be adopted to strengthen and modernize the aforementioned capacity for action was to draw up a new law on air quality and protection of the atmosphere that would provide Spain with a basic standard in accordance with current circumstances and requirements. . This is precisely the purpose of this law, namely, to define a new basic rule in accordance with the requirements of our current legal and administrative system, which is inspired by the principles, approaches and guidelines that define and guide the current environmental policy and for the protection of the atmosphere within the scope of the European Union and that gives adequate space to the approaches and technical requirements that make up the acquis communautaire in matters of the atmosphere, and that derived from the corresponding international conventions. With these premises and aspiring to a certain degree of permanence, the law also intends to be flexible enough to enable the appropriate regulatory developments that are required as progress is made in air quality and protection of the atmospheric environment policy. In order to achieve its objectives and specifically to achieve and maintain a high level of protection for people and the environment against atmospheric pollution in a manner that is compatible with sustainable development, this law addresses the management of air quality and protection of the atmosphere in light of the principles of precaution and preventive action, correction of pollution at the source itself and whoever pollutes pays, and from an approach of co-responsibility, with a comprehensive and integrating approach. As far as co-responsibility is concerned, this law gives this aspect a transcendental role in the fight against pollution and reflects its relevance on three basic levels. On the one hand, involving in the conservation of the atmospheric environment not only the public authorities but also society as a whole. In this sense, the law understands that, if citizens have the right to demand that the public powers adopt the necessary measures to preserve the purity of the air within limits that do not compromise their health and the protection of the environment, to the same extent We must all be required to preserve and respect this natural resource. On another level, this co-responsibility is also claimed by the law with regard to the actions of the different public administrations. If we consider that air and pollution do not know of territorial or administrative boundaries and we take into account the distribution of powers provided for in this matter in our legal system, this law emphasizes the necessary inter-administrative cooperation and collaboration to ensure the effectiveness and coherence of its actions and avoid dysfunctions or shortcomings, especially in those cases in which air pollution affects a territorial scope greater than that of a municipality or an autonomous community. Similarly, on a third level, this law seeks to encourage public administrations to incorporate considerations relating to air quality and the protection of the atmosphere in the planning, definition, execution and development of the different sectoral policies and to make an effort in seeking sustainable development, promoting all those initiatives that contribute to the conservation of the atmospheric environment and avoiding, as far as possible, actions contrary to said objective. With regard to the comprehensive and integrating approach that guides this law, it materializes both in the object and scope of application of the same as in the instruments enabled to fight against air pollution. On the one hand, his character Page 6 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION comprehensive is expressed in that this law does not limit its action to a specific aspect of atmospheric pollution, such as the quality of ambient air, but rather covers the different problems of the same such as transboundary pollution, the depletion of the ozone or climate change. With this, it intends to address the plurality of causes and effects of atmospheric pollution with a global vision of the problem regarding the sources, whether point or diffuse, the pollutants and their impacts on the health of people, the environment and other property. any nature. For its part, the integrating approach of this law responds to the need to respond to the fact that the phenomenon of atmospheric pollution, due to its complex nature, requires, for its treatment, the competition of multiple actions to attend to as many other aspects of it. . For this reason, this law seeks greater effectiveness by trying to take advantage of the synergy resulting from the combination of various instruments of a modern atmospheric policy that is consistent with the models in force in the European Union and international conventions. Consequently, this law articulates a battery of instruments that range from the most specific to act on air quality or to limit emissions, passing through those of a horizontal nature for evaluation, information, control and inspection to those essential to promote the protection of the atmospheric environment or to promote research, development and innovation and training and public awareness. III For the definition of this new legal framework, the law is divided into seven chapters. Chapter I contains the general provisions and begins by defining, as the object of the standard, the prevention, monitoring and reduction of air pollution in order to avoid or reduce the damage that may result from it for people, the environment and others. goods of any nature. It also delimits its scope of application to the pollutants listed in Annex I from all sources, whether public or private, excluding only those forms of pollution that are governed by its specific regulations, as well as the control measures of the inherent risks. to serious accidents involving dangerous substances, which will be governed by specific civil protection regulations. Below are the precise definitions for a better understanding of the rule and the guiding principles that inspire the law. Together with the principles that govern the environmental policy of the European Union, the necessary co-responsibility of both public administrations and public or private law entities and individuals is also underlined. This first chapter also includes the distribution of powers between the different public administrations. In this regard, it should be noted that the law establishes certain obligations for municipalities with a population of more than 100,000 inhabitants and agglomerations, such as having evaluation facilities and networks, informing the population about levels of pollution and air quality or preparing plans and programs for compliance with air quality objectives. The obligations of the holders and the indispensable inter-administrative cooperation and collaboration are also established, as well as the public's right to information. With regard to the obligations of the owners, the law limits them to owners of facilities in which potentially polluting activities of the atmosphere are carried out, that is, within the set of all possible sources of contamination, only those whose characteristics can require that they be subject to stricter control and monitoring. Chapter II addresses the provisions relating to the evaluation and management of air quality in accordance with the current model in the regulations of the European Community. In the first place, it enables and urges the Government so that, with the participation of the autonomous communities, it sets air quality objectives and can periodically update the list of pollutants included in Annex I. Next, the law establishes when and how the autonomous communities and local entities, in accordance with their powers, must carry out air quality assessments in relation to the pollutants referred to in the air quality objectives and establishes that the autonomous communities will zone their territory according to the pollution levels identified in the above evaluations. In turn, this chapter stipulates that the General Administration of the State Page 7 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION must integrate the zones for the entire national territory and that the information used for zoning must be taken into account by the public administrations in relation to urban planning, land use planning and the processing of authorization procedures for activities and facilities. Chapter III contains two types of measures that are part of the conventional scheme for the prevention and control of emissions. On the one hand, the Government is empowered, with the participation of the autonomous communities, to establish emission limit values for pollutants and specific activities, as well as to set specific obligations regarding the manufacture, marketing, use and management of products that can generate atmospheric pollution. At the same time, the use of the best available techniques and the use of less polluting fuels are encouraged. Secondly, the law perfects a prevention instrument already provided for in Spanish and European regulations for decades, such as the submission of certain activities to a regime of administrative intervention. Unlike the provisions of the Law for the Protection of the Atmospheric Environment of 1972, in which a catalog was established that included only those potentially polluting activities of the atmosphere subject to a system of administrative authorization or notification, this law arbitrates a scheme with a more operational and flexible philosophy. On the one hand, it establishes a catalog of potentially polluting activities of the atmosphere in which all those sources whose anthropogenic emissions are estimated to prepare the Spanish inventory of emissions into the atmosphere are collected. Then, based on this catalog, the law specifies which of the categories of activities of the same must be subject to a regime of administrative intervention of the autonomous communities in the terms that they determine. With this new approach, the law responds to its comprehensive approach by including all potential sources of contamination in the catalog. In addition, since there is a correlation between the catalog and the Spanish emissions inventory, this scheme allows the list of catalog categories subject to the administrative intervention regime to be periodically reviewed and decide whether or not it is convenient to maintain the existing ones, exclude some or incorporate new ones into depending on their greater or lesser contribution to air pollution. Once both the catalog and the categories subject to an intervention regime have been defined, this chapter also regulates basic aspects of the regime, including the criteria that must be taken into consideration in order to qualify the modification of an installation as substantial and the procedure to follow. in the case of authorizations for activities that may have repercussions on the air quality of another autonomous community or of another State. In its chapter IV, the law addresses issues related to planning in its three aspects: plans to improve air quality and meet objectives and obligations; public participation in the preparation of said plans and the integration of the protection of the atmosphere in the planning of sectoral policies. Specifically, this law entrusts the Government, with the participation of the autonomous communities, the preparation of those state-level plans derived from international and community commitments. Likewise, it entrusts to the autonomous communities the plans and programs for the fulfillment of the quality objectives in their territorial areas, indicating the types of minimum plans that they must adopt and their basic requirements. The procedural requirements include the guarantee of public participation in the preparation and review of these plans. At the same time, this chapter also underlines the obligation that public administrations have to integrate considerations related to atmospheric protection in the planning of the different sectoral policies. Lastly, to facilitate planning based on a better understanding of the state of pollution and its effects, and to be able to evaluate the effectiveness of the measures adopted, the Ministry of the Environment, in collaboration with the autonomous communities, is urged to draw up indicators that are accurate. Chapter V of the law is dedicated to the promotion of instruments to promote the protection of the atmosphere, in the understanding that the fight against pollution requires the concurrence of multiple actions in very diverse fields. To this end, this law identifies up to four areas in which public action can yield significant results and proposes measures in this regard. Specifically, the four areas covered are: page 8 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION voluntary agreements, management systems and environmental audits, research, development and innovation, and training and public awareness. Chapter VI deals with aspects related to control, inspection, surveillance and monitoring to ensure compliance with this law. On the one hand, it attributes to the autonomous communities and local entities, in accordance with their powers, the responsibility of adopting the necessary inspection measures and the officials who carry out the inspection as agents of the authority. Secondly, it establishes a Spanish system of information, monitoring and prevention of air pollution so that public administrations have the information necessary to comply with this law, assigning its coordination to the Ministry of the Environment and regulating how the system will be supplied, indicating particularly the responsibility of the Government to draw up the Spanish emissions inventories and the statutory establishment of a Spanish Inventory System in accordance with current community and international guidelines and criteria. Third, it includes provisions relating to the stations, networks and other air quality evaluation systems that the autonomous communities must have and the information obtained from them. Chapter VII is dedicated to the sanctioning regime. A regime that seeks to be consistent with the comprehensive and integrating approach of this law, with the principles that inspire it, in particular those of the polluter pays and prevention of pollution at the source and with the particular fact that the adverse effects of air pollution on the atmospheric environment are not repairable in most cases, nor are their causes easily identifiable and quantifiable. Consequently, in the sanctioning regime of this law, special relevance is given to aspects related to prevention both in the typification of sanctions and in their graduation. Similarly, this concern for prevention is also reflected in the inclusion of an article on provisional measures, in which the autonomous body is given the possibility of adopting this type of measure to prevent continuity in the production of the risk. or of the damage, and of another provision that enables the subsidiary execution and at the expense of the responsible party of the preventive and remedial measures that must be adopted when there is an imminent threat of damage or damage has occurred. IV In the final part of the law, nine additional provisions are included in the first place. The first refers to the penalty regime applicable in the case of international and intra-community trade. The second excludes from the regime provided for in this law those categories of activities included in the scope of Law 16/2002, of July 1, on integrated pollution prevention and control. The third contemplates a restriction on the limit values required to grant the authorization in the event of activities subject to Law 1/2005, of March 9, which regulates the trading system for greenhouse gas emission rights. . Regarding the fourth and fifth additional provisions, they refer to light pollution and the application of the laws regulating National Defense. This final part also includes a transitional provision on the regime applicable to existing facilities, a single repealing provision expressly repealing Law 38/1972, of December 22, on the Protection of the Atmospheric Environment, and the regulation of annoying, unhealthy, harmful and dangerous activities, approved by Decree 2414/1961, and ten final provisions, among which the following should be highlighted: The first final provision that modifies Law 10/1998, of April 21, on Waste, providing that the holder of construction and demolition waste will be required to separate them by type of material, in the terms established by law. Secondly, the second final provision, which modifies Law 14/2000, of December 29, on Fiscal, Administrative and Social Order Measures, in order to discourage the use of noisy aircraft by applying penalties on the amount to pay for landing to those aircraft that exceed the established limits, without claiming the recovery of the costs associated with noise mitigation, control and surveillance services at airports. The third final provision Page 9 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION modifies Law 16/2002, of July 1, on integrated pollution prevention and control. The fourth final provision regulates the entry into force of the seventh additional provision of Law 16/2007, of July 4, on the reform and adaptation of commercial legislation in accounting matters for its international harmonization based on the regulations of the European Union. The sixth final provision related to the constitutional basis, in which it is stated that this Law is issued under the exclusive powers of the state provided for in the Constitution in terms of basic legislation on environmental protection. Finally, the ninth final provision through which, in addition to empowering the Government to carry out the regulatory development of this law and update its annexes, it is urged that, within a year from its entry into force and after consultation with the autonomous communities, update its annex IV relating to the catalog of activities potentially polluting the atmosphere. CHAPTER I General disposition Article 1. Object. The purpose of this law is to establish the bases for the prevention, monitoring and reduction of air pollution in order to avoid and when this is not possible, reduce the damage that may result from it for people, the environment and other goods. of any nature. Article 2. Scope of application. 1. All sources of pollutants listed in annex I corresponding to the potentially polluting activities of the atmosphere listed in annex IV, whether publicly or privately owned, are subject to the provisions of this law. 2. The following are excluded from the scope of application of this law and will be governed by its specific regulations: a) Noises and vibrations. b) Ionizing and non-ionizing radiation. c) Biological contaminants. 3. Control measures of the risks inherent to serious accidents involving dangerous substances and the corresponding activities for the protection of people and goods, which will be governed by the specific regulations, are also excluded from the scope of application of this Law. of civil protection. Article 3. Definitions. For the purposes of the provisions of this law, the following shall be understood as: a) “Potentially polluting activities of the atmosphere”: Those that, due to their very nature, location or due to the technological processes used, constitute a source of contamination whose characteristics may require that they be subjected to a stricter control and monitoring regime. b) "Agglomeration": Conurbation with a population of more than 250,000 inhabitants or, when the population is equal to or less than 250,000 inhabitants, with the population density per km2 determined by the autonomous communities. c) "Imminent threat of harm": A sufficient probability that damage to human health or the environment will occur in the near future. d) "Administrative authorization": It is the resolution of the competent body that determines the autonomous community in which the installation is located, by which it is allowed, in order to prevent, monitor and reduce air pollution, to exploit all or part of an installation under certain conditions, designed to guarantee that the same Page 10 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION complies with the purpose and provisions of this law. Such authorization may be valid for one or more facilities that have the same location and are operated by the same owner. e) «Atmospheric pollution»: The presence in the atmosphere of materials, substances or forms of energy that imply serious nuisance, risk or damage to the safety or health of people, the environment and other goods of any nature. f) «Light pollution»: The nocturnal luminous glare or brightness produced by the diffusion and reflection of light in gases, aerosols and particles in suspension in the atmosphere, which alters the natural conditions of the night hours and makes astronomical observations difficult. celestial objects, distinguishing the natural brightness, attributable to radiation from celestial sources or objects and to the luminescence of the upper layers of the atmosphere, from the luminous glow due to light sources installed in outdoor lighting. g) "Emission": Continuous or discontinuous discharge into the atmosphere of materials, substances or forms of energy coming, directly or indirectly, from any source likely to produce atmospheric pollution. h) «Emissions from natural sources»: Emissions of pollutants not produced directly or indirectly by human activities, including natural phenomena such as volcanic eruptions, seismic activities, geothermal activities, unintentional fires in nature, strong winds, sea salts or the atmospheric resuspension or the transport of natural particles from arid regions. i) «Evaluation»: The result of applying any method that allows measuring, calculating, predict or estimate the emissions, levels or effects of air pollution. j) “Installation”: Any fixed, mobile or transportable technical unit where one or more of the activities listed in annex IV of this law is carried out, as well as any other activities directly linked to those that are technically related to the activities carried out in that place and may have repercussions on emissions and pollution. k) «Existing installation»: Any installation in operation and authorized prior to the date of entry into force of this law, or that has requested the corresponding authorizations required by the applicable regulations, provided that it is put into operation no later than 12 months. after said date. l) "Best available techniques": The most efficient and advanced phase of development of the activities and their modalities of exploitation, which demonstrate the practical capacity of certain techniques to constitute, in principle, the basis of the emission limit values intended for Avoid or, when this is not possible, generally reduce pollutant emissions and the impact on the environment as a whole and on people's health. For its determination, the aspects listed in annex 4 of Law 16/2002, of July 1, on prevention and integrated control of pollution must be taken into consideration. For these purposes, it will be understood as: «Techniques»: The technology used, together with the way in which the installation is designed, built, maintained, operated or paralyzed. «Available»: Techniques developed on a scale that allows their application in the context of the corresponding sector, under economically and technically viable conditions, taking into account the costs and benefits, whether the techniques are used or produced in Spain, or No, provided that the owner can access them under reasonable conditions. "Best": The most effective techniques to achieve a high general level of protection of the environment as a whole and of people's health. m) «Substantial modification»: Any modification made to a facility that, in accordance with the criteria established in article 14, may have significant negative repercussions on atmospheric pollution. n) "Level of contamination": Amount of a contaminant in the air or its deposit on surfaces with reference to a given period of time. ñ) «Air quality objective»: The amount of each pollutant in the atmosphere, alone or associated with others, the establishment of which entails obligations according to the conditions determined for each one of them. Page 11 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION o) «PM10»: Particles that pass through the sampling head defined in standard EN 12341, with a separation efficiency of 50% for an aerodynamic diameter of 10 µm. p) «PM2.5»: Particles that pass through the sampling head defined in standard EN 14907, with a separation efficiency of 50% for an aerodynamic diameter of 2.5 µm. q) "Owner": Any natural or legal person who operates or owns the facility. r) "Alert threshold": Level from which a short-term exposure poses a risk to human health that affects the entire population and requires the adoption of immediate measures. s) «Information threshold»: Level from which a short-term exposure poses a risk to the health of particularly vulnerable sectors of the population and that requires the provision of immediate and appropriate information. t) "Emission limit value": Amount of one or more pollutants in emission that must not be exceeded within one or several periods and determined conditions, in order to prevent or reduce the effects of air pollution. u) «Zone»: Part of the territory delimited by the competent Administration for the evaluation and management of air quality. Article 4. Guiding principles. 1. The application of this law will be based on the principles of caution and preventive action, of pollution correction at the source itself and the polluter pays. 2. Within their respective powers, the public powers will adopt as many measures as are necessary to achieve and maintain a high level of protection for people and the environment. For their part, individuals will strive to help prevent and reduce air pollution. 3. In the application and development of this law, the integration of considerations related to the protection of the atmosphere in the different sectoral policies will be promoted as a key variable to achieve sustainable development. 4. With a view to achieving sustainable development in terms of air quality and protection of the atmosphere, the most effective modalities for the development, application and dissemination of environmentally sound technologies, know-how, practices and processes shall be promoted and disseminated in regarding the protection of the atmosphere and the necessary measures will be adopted to promote, facilitate and support, as appropriate, the access to those resources. Article 5. Powers of public administrations. 1. Correspond to the General State Administration in related matters with this law, the following powers: a) Update, with the participation of the autonomous communities, the list of pollutants and the catalog of activities that potentially pollute the atmosphere. b) Define and establish, with the participation of the autonomous communities, the air quality objectives, the warning and information thresholds and the emission limit values, without prejudice to the emission limit values that the autonomous communities may establish in application of Law 16/2002 of July 1, on prevention and integrated control of pollution. c) Define, with the participation of the autonomous communities, the minimum requirements to which the stations, networks, methods and other air quality assessment systems must comply. d) Define with the participation of the autonomous communities the methodologies to estimate the natural sources and the procedures to know their incidence in the registered values of certain pollutants. e) Prepare, with the participation of the autonomous communities, and approve the state-level plans and programs necessary to comply with community regulations and the commitments deriving from international agreements on cross-border air pollution. Page 12 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION f) Prepare and periodically update the Spanish emissions inventories. Carry out the evaluation, monitoring and compilation of technical information on background contamination for compliance with the obligations derived from Conventions or other types of international commitments on cross-border contamination. The information obtained will be integrated into the Spanish air pollution information, surveillance and prevention system and will be periodically provided to the autonomous communities. g) Coordinate the Spanish system of information, monitoring and prevention of air pollution. h) Coordinate, in order to achieve coherence in the actions of the affected public administrations, the adoption of the necessary measures to deal with adverse situations related to the protection of the atmosphere or related to air quality, whose dimension exceeds the territory of an autonomous community. 2. The autonomous communities, in the exercise of their powers, will assess air quality, may establish air quality objectives and stricter emission limit values than those established by the General State Administration in accordance with article 5.1, will adopt plans and programs for the improvement of air quality and the fulfillment of quality objectives in their territorial scope, will adopt the necessary control and inspection measures to guarantee compliance with this law, and will exercise the sanctioning power. In this sense, they will establish, within the scope of their territory, common criteria that define the procedures of action of the authorized control bodies (OCAs) with which they have, as well as the relations of these with the different competent administrations of their autonomous community. . 3. It corresponds to the local entities to exercise those competences in terms of air quality and protection of the atmosphere that they have attributed in the field of their specific legislation, as well as those others that are attributed to them within the framework of the basic legislation of the State and of the legislation of the autonomous communities in this matter. Local entities, within the scope of their powers, must adapt existing ordinances and urban planning to the provisions of this law and its development regulations. 4. Each one of the administrations mentioned in this article, within the scope of its powers, will develop a quality control and guarantee system that ensures completeness, coherence, transparency, comparability and trust in the entire process from the measurements or estimations of the contaminants up to the preparation of the reports related to these contaminants, as well as the implementation of the recommendations derived from the application of the quality control and guarantee system. Article 6. Cooperation and inter-administrative collaboration. 1. To guarantee the application of this law, the Public Administrations will adjust their actions to the principles of mutual information, cooperation and collaboration. In particular, due assistance must be provided to ensure the effectiveness and coherence of their actions, especially in those cases in which atmospheric pollution affects a territorial area greater than that of a municipality or autonomous community. 2. In the event that the air quality objectives set in a territorial area greater than that of an autonomous community are exceeded, the affected autonomous communities will provide mutual assistance, under the terms provided in the respective plans to reduce pollution levels. . The General Administration of the State will collaborate to this end with the autonomous communities affected or that, without being affected, have contributed to generating said situation. 3. In the cases in which the overcoming of the air quality objectives affect border areas with another State, the autonomous community will report this and the measures adopted to the Ministry of the Environment for its submission to the Ministry of Foreign Affairs and Cooperation. This department will communicate it to the affected State for its information and, where appropriate, to carry out the collaboration deemed pertinent. Page 13 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION Article 7. Obligations of the owners of facilities where activities that potentially pollute the atmosphere are carried out. 1. Without prejudice to those other obligations that the autonomous communities may establish, the owners of facilities where potentially polluting activities of the atmosphere are carried out, as listed in the catalog that appears in annex IV, must: a) Comply with the obligations arising from the provisions of article 13. b) Respect the emission limit values in the cases in which they are established by regulation. c) Notify the competent autonomous community immediately and adopt, without delay and without any requirement, the necessary preventive measures when there is an imminent threat of significant damage due to air pollution from the licensee's installation. d) Adopt without delay and without the need for any requirement and immediately notify the competent autonomous community of the measures to prevent further damage when atmospheric contamination has been caused in the licensee's installation that has caused damage to the safety or the health of people and for the environment. e) Comply with the technical requirements that are applicable to it as established by the regulations and, in any case, safeguarding human health and the environment. f) Comply with the measures contained in the plans referred to in article 16. g) Carry out controls of their emissions and, when appropriate, of the quality of the air, in the form and periodicity provided for in the applicable regulations. h) Provide the information requested by the Public Administrations in the scope of its powers. i) Facilitate the acts of inspection and verification carried out by the competent autonomous community, in the terms and with the guarantees established by current legislation. 2. The owners of facilities where activities that potentially pollute the atmosphere are carried out, and are included in groups A and B of annex IV of this law, must also comply with the following obligations: a) Notify the competent body determined by the autonomous community of the transmission, cessation or closure of activities and facilities. b) In cases in which the obligation to have measurement stations for pollution levels has been established by law, integrate said stations into the networks of the autonomous communities referred to in article 27. c) Maintain a record of emission controls and pollution levels, and submit to regular inspections related to them, in the cases and terms in which it is provided for in the applicable regulations. Article 8. Information to the public. 1. Public Administrations, within the scope of their powers, will take whatever measures are necessary to ensure that the general public and interested entities such as environmental, business, consumer and health organizations receive adequate and timely information about the air quality, of the environmental indicators prepared by the Ministry of the Environment, in accordance with the provisions of article 19.1 and of the plans and programs for the protection of the atmosphere and to minimize the negative effects of atmospheric pollution. This information will be provided in a clear and understandable manner through easily accessible media, including the Internet. This information must include: - The situation of air quality in relation to the current quality objectives for each pollutant. - Periodic information on background pollution. Page 14 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION - In the event that discounts due to emissions from natural sources are established for certain pollutants for the calculation of non-compliance with quality objectives, the methodology followed and the justification for the application of such discounts will be adequately reported. - The information on air quality that Spain sends annually to the European Commission in compliance with the obligations set forth in the community regulations on air quality. 2. The Public Administrations will also make public, through the means indicated, the studies on air quality and health that are commissioned within the scope of their powers. 3. The autonomous communities will periodically inform the population of the level of contamination and, specifically, when the air quality objectives are exceeded. In the cases in which the information and alert thresholds established by regulation are exceeded, the affected autonomous community will also inform the competent bodies in each case in matters of health, the environment and civil protection in accordance with the action plans and protocols established in the civil protection framework. 4. Municipalities with a population of more than 100,000 inhabitants and those that are part of an agglomeration, in accordance with the definition of this law, will have data available to inform the population about pollution levels and air quality. CHAPTER II Air quality assessment and management Article 9. Air pollutants and air quality objectives. 1. The Government, with the participation of the autonomous communities, in order to prevent or reduce atmospheric pollution and its effects, will review at least every five years the list of pollutants that appears in annex I and, where appropriate, will update it taking in consideration the guidelines listed in annex II and will define and establish, in accordance with the factors that appear in annex III, the air quality objectives as well as the conditions and deadlines to achieve them. 2. Public Administrations, within the scope of their powers, will adopt the necessary measures to maintain and, where appropriate, improve air quality and meet the objectives established, in accordance with the provisions of this law. 3. When the air quality objectives are exceeded or there is a risk of this occurring, the competent autonomous community will adopt the appropriate measures to avoid or mitigate contamination. 4. Public administrations, within the scope of their powers, will be obliged to ensure that the quality of the air remains within the established legal limits. Citizens and social organizations that ensure the health and preservation of the environment may sue it with the legal instruments provided for by the Spanish legal system. Article 10. Assessment of air quality. 1. The autonomous communities and, where appropriate, the local entities in the terms of article 5.3, will regularly evaluate the quality of the air in their corresponding territorial area, in accordance with the provisions of the current regulations that are applicable in each case, to the specific criteria that are established by regulation in relation to the different air quality objectives, and to the methods established by the European Union in this matter. For the purposes of the provisions of article 8.3, agglomerations must have, by themselves or in collaboration with the autonomous communities, air quality assessment stations and networks. 2. Once the air quality objectives referred to in the previous article have been established, the autonomous communities and, where appropriate, the local entities under the terms of article 5.3, must carry out a preliminary assessment of the levels of contamination in in relation to the pollutants to which the air quality objectives refer, in Page 15 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION those parts of their territories where there are no representative measurements of said levels. Article 11. Zoning of the territory. 1. In accordance with the evaluations referred to in article 10, the autonomous communities, with the participation of local entities, will zone their territory according to the levels of pollutants for which air quality objectives have been established and in accordance with they will draw up differentiated lists of zones and agglomerations. 2. The General Administration of the State, in accordance with the information provided by the autonomous communities in the terms regulated in article 28, will integrate the areas of the territory of the State. 3. The information used for the zoning referred to in this article must be taken into account by the public administrations in the preparation and approval of urban planning and land use plans, as well as in the processing of authorization procedures for activities and potentially polluting facilities of the atmosphere. CHAPTER III Prevention and control of emissions Article 12. Control of emissions. 1. The Government, with the participation of the autonomous communities, may establish by royal decree emission limit values for pollutants, in particular for those listed in annex I and for potentially polluting activities of the atmosphere listed in annex IV of this law. 2. The Government, with the participation of the autonomous communities, may establish by royal decree specific obligations for the manufacture, import, intra-community acquisition, transport, distribution, placing on the market or use and management during their life cycle of those products that can generate air pollution. 3. Public Administrations, within the scope of their powers, will ensure that the necessary measures and appropriate practices are adopted in activities and facilities, which allow air pollution to be avoided or reduced by applying, as far as possible, the best available techniques and using the least polluting fuels. Likewise, private entities and individuals will make an effort, in the exercise of their daily activities, to contribute to the reduction of pollutants in the atmosphere. Article 13. Potentially polluting activities of the atmosphere. 1. For the purposes of this law, potentially dangerous activities are considered pollutants of the atmosphere those included in the catalog that appears in annex IV. The Government, with the participation of the autonomous communities, will review Annex IV at least every five years and, where appropriate, will update it. 2. Without prejudice to the other means of administrative intervention in the activity of citizens required by other provisions, the construction, assembly, exploitation, transfer or substantial modification, of those facilities in which any of the activities included in the catalog included in annex IV of this law are carried out and that appear in said annex as belonging to groups A and B. The activities included in group A will be subject to more stringent emission control requirements than those included in group B. These authorizations will be granted for a specific time that in no case will be longer than eight years, after which they may be renewed for successive periods. The competent body to grant the authorization will issue the resolution that puts an end to the procedure within a maximum period of nine months. Once this period has elapsed without having been notified of an express resolution, the submitted application may be understood to have been rejected. page 16 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION 3. The construction, assembly, operation, transfer, substantial modification, cessation or closure of those facilities in which any of the activities included in the catalog included in annex IV and that appear as belonging to group C are carried out, must be notified. to the competent body of the autonomous community under the conditions determined by its regulations. 4. The authorization referred to in section 2 will have the following minimum content: a) The emission limit values of pollutants, particularly those listed in Annex I, that may be emitted by the facility and, where appropriate, the parameters or technical measures that complement or replace them. b) Requirements to reduce long-distance or transboundary pollution in Their case. c) The systems and procedures for treatment and control, specifying the measurement methodology, its frequency and the procedures for evaluating the measurements. d) Measures relating to operating conditions in situations other than normal that may affect the environment, such as start-up, leaks, malfunctions, temporary shutdowns or permanent closure. e) The term for which the authorization is granted. 5. The competent autonomous community may not authorize the construction, assembly, exploitation, transfer or substantial modification of facilities in which activities included in the catalog included in annex IV of this law are carried out and that appear in said annex as belonging to the groups A and B, if it is demonstrated that the increase in air pollution expected by the facility in question, due to the emissions caused by its operation, leads to the air quality objectives being exceeded. 6. When the formulation of the environmental impact statement corresponds to the environmental body of the General State Administration, in accordance with the provisions of Royal Legislative Decree 1302/1986, of June 28, on environmental impact assessment, and its regulations of development, the authorization referred to in this article may not be granted without said declaration having been previously issued. For these purposes, the state environmental body, as soon as it has formulated the environmental impact statement or after the resolution, where appropriate, by the Council of Ministers of discrepancies with the substantive body, will send a copy of it to the competent body of the autonomous community that must incorporate its conditions to the content of said authorization. Article 14. Substantial modification of the installation. 1. For the purposes of the provisions of article 13, it will be up to the autonomous communities to specify in what terms the modification of a facility is classified as substantial. 2. In order to classify the modification of a facility as substantial, the autonomous communities will consider the incidence of the projected modification on atmospheric pollution, in accordance with the following criteria: a) The size and production of the facility. b) Your energy consumption. c) The amount and type of pollution produced. d) The level of contamination existing in the area with respect to the established air quality objectives. Article 15. Inter-community and cross-border pollution. 1. When a facility may have significant repercussions on the air quality of another autonomous community, of another Member State of the European Union or of third States, the competent body of the autonomous community where it is to be located shall send a copy of the request of authorization and of all the documentation that is relevant to the affected autonomous community or to the Ministry of Foreign Affairs and Page 17 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION Cooperation, for its referral to the potentially affected State, so that they can formulate allegations before the final resolution is issued. The resolution that is finally adopted will be communicated to the affected autonomous community or, through the Ministry of Foreign Affairs and Cooperation, to the affected State. 2. The Ministry of Foreign Affairs and Cooperation will keep the Ministry of the Environment informed about the actions carried out, and the latter will transfer the aforementioned information to the affected autonomous community. CHAPTER IV Planning Article 16. Plans and programs for the protection of the atmosphere and to minimize the negative effects of atmospheric pollution. 1. The Government, within the scope of its powers, in order to comply with Community regulations and the commitments derived from the international agreements to which Spain is a party, will approve the plans and programs at state level that are necessary to prevent and reduce air pollution and its transboundary effects, as well as to minimize its negative impacts. These plans and programs will set specific objectives, the measures necessary to achieve them and the procedure for their review, and will be drawn up and updated with the participation of the autonomous communities. They may also include actions to promote research, development and innovation, as well as the exchange of information, institutional cooperation and international cooperation. 2. The autonomous communities, within the legally established deadlines, shall adopt at least the following plans and programs for the improvement of air quality and compliance with air quality objectives in their territorial area, as well as to minimize or avoid the negative impacts of air pollution: a) Improvement of air quality to achieve the air quality objectives within the established periods, in the areas in which the levels of one or more regulated pollutants exceed said objectives. In these plans, the emission sources responsible for the quality objectives will be identified, quantified objectives will be set for the reduction of pollution levels to comply with current legislation, the improvement measures or projects will be indicated, the application schedule, the estimate of the improvement of the air quality that is expected to be achieved and the timeframe expected to achieve the quality objectives. The plans will also provide procedures for monitoring their compliance and for their review. These plans must be reviewed when the air quality situation so advises or when there is evidence that the measures applied will not achieve the quality objectives within the stipulated periods. Urban mobility plans will be integrated into these plans, which, where appropriate, may incorporate company transport plans agreed upon through collective bargaining, with a view to promoting less polluting modes of transport. b) Short-term action in which immediate and short-term measures are determined for the areas and cases in which there is a risk of exceeding the air quality objectives and the alert thresholds. These plans will identify the Administration that in each case is responsible for the execution of the measures. In addition, these plans may provide control measures or suspension of those activities that are significant in the risk situation, including traffic. 3. For the preparation of their plans and programs, the autonomous communities must take into account the plans and programs referred to in section 1. Likewise, they will apply the principles of cooperation and collaboration with respect to the forecasts established for the cases in which air pollution affects a territory greater than that of an autonomous community, or its scope includes activities, infrastructures or areas of competence of other public administrations. Page 18 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION 4. Local entities may develop, within the scope of their powers, their own plans and programs. For the preparation of these plans and programs, the atmosphere protection plans of the respective autonomous communities must be taken into account. Likewise, local entities, in order to achieve the objectives of this law, may adopt total or partial traffic restriction measures, including restrictions on the most polluting vehicles, certain license plates, certain hours or certain areas, among others. Municipalities with a population of more than 100,000 inhabitants and agglomerations, within the statutorily established deadlines, will adopt plans and programs for the fulfillment and improvement of air quality objectives, within the framework of road safety legislation and regional planning. 5. For the review of the plans regulated in this article, they will be taken into account, among other aspects, the environmental indicators referred to in article 19. 6. The plans and programs regulated in this article will be decisive for the different instruments of urban planning and land use planning. If such instruments contradict or do not accept the content of the plans and programs regulated in this article, this decision must be motivated and made public. Likewise, these plans and programs may include mandatory prescriptions for citizens. To this end, said plans and programs must be published. 7. The aforementioned plans and programs will incorporate epidemiological evidence and the perspective of public health protection in decisions that affect air quality. Article 17. Public participation. The plans referred to in the previous article must be prepared and modified guaranteeing public participation, under the terms provided in articles 16 and 17 of Law 27/2006, of July 18, which regulates the rights of access to information, public participation and access to justice in environmental matters. Article 18. Integration of the protection of the atmosphere in sectoral policies. 1. Public Administrations, within the scope of their powers, must integrate considerations relating to the protection of the atmosphere in the planning, development and execution of the different sectoral policies. 2. In the cases in which the sectoral actions may have significant effects on the conservation of the atmosphere, and without prejudice to what is established by other provisions, the Public Administrations, within the scope of their powers, will ensure that said actions do not exceed the established air quality objectives and so that, in any case, their possible impacts are duly minimized in the design and planning phases of the action, and said assessment must appear in the corresponding report of the action in question. Article 19. Environmental indicators. 1. To facilitate a better knowledge of the state of air pollution and its effects, and to evaluate the effectiveness of the measures adopted for its prevention and reduction in accordance with the provisions of this law and its implementing regulations, the Ministry of Environment, in collaboration with the affected ministerial departments and the autonomous communities, will prepare the indicators that are necessary, and will carry out their annual review. 2. In the preparation and review of the indicators, the guidelines and criteria in force at the community and international level and the information obtained from the monitoring of the atmosphere protection plans referred to in article 16 will be taken into account. Page 19 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION CHAPTER V Instruments to promote protection of the atmosphere Article 20. Voluntary agreements. The voluntary agreements that the autonomous communities sign with economic agents and individuals will have executive force when their objective is to reduce the pollutant load emitted under the strictest conditions than those provided for in the applicable legislation and, in particular, indistinctly: a) Compliance with stricter emission limit values than those established by law. b) Compliance with the emission limit values in a period shorter than that which, in its case, set the rules. The voluntary agreements will be published in the respective official gazettes and the results obtained will be publicized and periodically monitored by the autonomous communities. Article 21. Management systems and environmental audits. The General State Administration and the autonomous communities, within the scope of their powers, will promote the voluntary implementation of management systems and environmental audits in all sectors of public and private activity that are sources of emissions, in order to promote production and a more sustainable market and thus contribute to the reduction of air pollution. Article 22. Research, development and innovation. The General Administration of the State and the autonomous communities, within the scope of their powers, will promote and encourage, where appropriate, research, development and innovation to prevent and reduce air pollution and its effects on people, the environment and other goods of any nature, paying particular attention to promoting: a) Knowledge about pollutants, air pollution, its causes and dynamics, as well as the evaluation methodology. b) Knowledge about the effects of air pollution on health, natural, social and economic systems, their prevention and adaptation to them. c) The development of more environmentally friendly technologies and products. d) The promotion of energy saving and efficiency and the rational use of natural resources. e) The design and application of legal, economic, social and institutional instruments that contribute to sustainable development. f) Multidisciplinary collaboration in the investigation of aspects related to the interaction between air quality and population health. Article 23. Public contracting. Public Administrations and other entities subject to public procurement legislation will promote, within the scope of their powers, the application of prevention and reduction measures for air pollution in accordance with current regulations on public sector contracts. Article 24. Training and public awareness. The General Administration of the State and the autonomous communities, within the scope of their powers, will promote training and public awareness in order to encourage citizens to make an effort to contribute, from the different social spheres, to the protection of the atmosphere. To this end, they will pay special attention to: Page 20 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION a) Support for the associative movement and the promotion of volunteering. b) Training in educational, professional and business fields. c) The dissemination of public awareness and awareness campaigns, aimed at learning about air quality, in general, and its impact, according to habits and lifestyles in particular. d) Guidance to the consumer on the most energy efficient products and less contaminants. To this end, the General State Administration may collaborate by signing the appropriate agreements with the autonomous communities, in the actions that are planned. Article 25. Environmental taxation. The Public Administrations will promote, within the scope of their powers, the use of ecological taxation and other instruments of environmental economic policy to contribute to the objectives of this law. CHAPTER VI Control, inspection, surveillance and monitoring Article 26. Control and inspection. 1. The autonomous communities and, where appropriate, the local entities in the terms of article 5.3, will be competent to adopt the necessary inspection measures to guarantee compliance with this law. 2. The officials who carry out the inspection tasks referred to in the previous point, will have the character of agents of the authority for the purposes provided in Law 30/1992, of November 26, on the Legal Regime of Public Administrations and the Common Administrative Procedure and, in the exercise of their functions, they may access any part of the facility or dependency of public or private ownership, respecting, in any case, the inviolability of the home. Article 27. Spanish air pollution information, surveillance and prevention system. 1. The Ministry of the Environment will coordinate the Spanish system of information, surveillance and prevention of atmospheric pollution, which will have the purpose of allowing the reciprocal exchange of information between the different Public Administrations for the fulfillment of the obligations derived from this law and the regulations community and international. 2. This system will be supplied with the information generated by the Public Administrations and by the owners, through them, as well as any other relevant data for the purposes of this law. In order for the system to be as efficient as possible, the public administrations will endeavor to act in a coordinated manner. 3. The General Administration of the State will prepare and periodically update the Spanish emissions inventories and other reports that the State must complete in order to comply with the information obligations assumed by it within the framework of community and international regulations, as well as to have an essential source of information for the knowledge of the state of the environment, the design of environmental policies and the evaluation of their effectiveness or the development of environmental, social and economic studies and research, among other purposes. 4. For the preparation and periodic updating of Spanish inventories, the Government will establish by regulation a Spanish Inventory System in accordance with current community and international guidelines and criteria, all without prejudice to the autonomous communities being able to prepare their own regional inventories. 5. In accordance with community and international regulations, the Government will regulate the content and deadlines of the information that must be provided for the preparation of the periodic reports that the State must complete within the scope of application of this law, Page 21 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION for compliance with the information obligations assumed within the framework of the European Union and international conventions. 6. The Ministry of Health and Consumption will monitor the impact of air pollution on health, by conducting epidemiological studies, and will integrate the information provided by the Spanish Information, Surveillance and Surveillance System into its alert and surveillance system. prevention of air pollution that may pose a risk to health. Article 28. Stations, networks and other air quality evaluation systems. 1. The autonomous communities and, where appropriate, the local entities in the terms of articles 5.3 and 10.1, must have measurement stations or other air quality evaluation systems that are sufficient to allow compliance with their obligations. , in accordance with the provisions of this law. 2. The autonomous communities will send, with the periodicity determined by regulation, to the Ministry of the Environment validated and updated information about the stations, networks and other air quality assessment systems, public and private, and about the data obtained. in themselves, in order to guarantee compliance with community and international obligations. 3. The minimum requirements to which the stations, networks and other air quality assessment systems must comply will be defined by royal decree by the Government, with the participation of the autonomous communities, and will refer to the criteria of location and minimum number of stations, the methods for sampling and analysis of pollutants and criteria related to the control and quality assurance of the evaluations. 4. For the installation of publicly owned air quality measurement stations, the forced easements deemed necessary in each case may be imposed, prior to the legally corresponding compensation. CHAPTER VII Sanctions regime Article 29. Responsibility. For the purposes of this chapter, natural or legal persons who, by action or omission, commit acts constituting an infringement in accordance with this law, will incur liability. Article 30. Classification of offenses. 1. For the purposes of this law, and without prejudice to the offenses that, where appropriate, are established by sectoral legislation and those that may be established by the autonomous communities, administrative offenses are classified as very serious, serious and minor. 2. They are very serious infractions: a) Failure to comply with the authorization and notification regime provided for in article 13 for activities that potentially pollute the atmosphere, provided that this has generated or has prevented the avoidance of atmospheric pollution that has seriously endangered the safety or health of people or has caused serious damage or deterioration to the environment. b) Failure to comply with the specific obligations that, in accordance with the provisions of article 12.2 of this law, have been established for products that may generate atmospheric contamination, provided that this has given rise to or has prevented the avoidance of atmospheric contamination that has seriously endangered the safety or health of people or has caused serious damage or deterioration to the environment. c) Failure to comply with the emission limit values, provided that this has generated or prevented the avoidance of atmospheric pollution that has seriously endangered the safety or health of people or has caused serious damage or deterioration to the environment. page 22 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION d) Failure to comply with the conditions established in matters of air pollution in the authorization or approval of the project submitted to environmental impact assessment or in the means of administrative intervention in the activity of citizens established for classified activities, provided that this has generated or has prevented the avoidance of atmospheric contamination that has seriously endangered the safety or health of people or has caused serious damage or deterioration to the environment. e) Failure to comply with the technical requirements that apply to the activity, installation or product when this has generated or has prevented the avoidance of air pollution that has seriously endangered the safety or health of people or has caused damage or deterioration. serious for the environment. f) Failure to comply with the measures contemplated in the short-term action plans referred to in article 16.2. g) Failure to comply with the measures contemplated in the plans for the protection of the atmosphere and to minimize the negative effects of atmospheric pollution, provided that this has generated or prevented the avoidance of atmospheric pollution that has seriously endangered the safety or health of people or has caused serious damage or deterioration to the environment. h) Maliciously hiding or altering the information required in the procedures regulated by this law, when this has generated or has prevented the avoidance of air pollution that has seriously endangered the safety or health of people or has caused serious damage or deterioration. For the enviroment. i) Prevent, delay or obstruct the inspection or control activity, when this has generated or prevented the avoidance of atmospheric pollution that has seriously endangered the safety or health of people or has caused serious damage or deterioration to the environment . j) Failure to comply with the obligations set forth in article 7.1.b) and d) when the safety or health of persons has been seriously endangered or has caused serious damage or deterioration to the environment. k) Failure to comply with the obligations derived from the provisional measures provided for in the article 35 of this law. 3. The following are serious infractions: a) Failure to comply with the authorization and notification regime provided for in article 13 for potentially more polluting activities of the atmosphere when it is not classified as a very serious infraction. b) Failure to comply with the specific obligations that, in accordance with the provisions of article 12.2 of this law, have been established for products that can generate atmospheric pollution, when it is not classified as a very serious infraction. c) Failure to comply with the emission limit values, when it is not classified as a very serious infraction. d) Failure to comply with the conditions established in terms of air pollution in the authorization or approval of the project subject to environmental impact assessment or in the means of administrative intervention in the activity of citizens established for classified activities when it is not classified as an infraction very serious. e) Failure to comply with the technical requirements that are applicable to the activity, installation or product when this significantly affects the atmospheric pollution produced by said activity, installation or product, when it is not classified as a very serious infraction. f) Failure to comply with the measures contemplated in the plans for the protection of the atmosphere and to minimize the negative effects of atmospheric pollution, when it is not classified as a very serious infraction. g) Maliciously concealing or altering the information required in the procedures regulated by this law, when this has generated or prevented the avoidance of air pollution without seriously endangering the safety or health of people or causing serious damage or deterioration. For the enviroment. h) Prevent, delay or obstruct the inspection or control activity, when it is not classified as a very serious infraction. Page 23 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION i) Failure to comply with the obligations relating to pollution level measurement stations and the registration of emission controls and pollution levels referred to in article 7.2.b) and c). j) Failure to carry out emissions and air quality controls in the manner and legally established periodicity. k) Failure to comply with the information obligations referred to in article 7.1.h), when this may significantly affect the fulfillment, by the Public Administrations, of their information obligations. l) Failure to comply with the obligations set forth in article 7.1.b) and d) when it is not classified as a very serious offence. 4. They are minor infractions: a) Failure to comply with the technical requirements that are applicable to the activity, installation or product when this is not classified as a serious infringement. b) Hide or maliciously alter the information required in the procedures regulated in this law, when this is not typified as a serious infraction. c) Failure to comply with the information obligations referred to in article 7.1.h), when this is not classified as a serious infringement. Article 31. Sanctions. 1. The offenses typified in the previous article may give rise to the imposition of one or more of the following sanctions: a) In the case of a very serious infraction: 1st Fine from 200,001 to 2,000,000 euros. 2. Prohibition or definitive, total or partial closure of activities and facilities. 3.º Prohibition or temporary, total or partial closure of activities or facilities for a period of not less than two years nor more than five. 4th The sealing of equipment, machines and products, for a period of not less than two years. 5th Disqualification for the exercise of the activity for a period not less than one year nor more than five. 6th Extinction, or suspension of the authorizations in which they have been established conditions relating to air pollution for a period of not less than two years. 7th Publication, through the means considered appropriate, of the sanctions imposed, once these have become firm in administrative or, where appropriate, jurisdictional channels, as well as the names, surnames or denomination or company name of the persons physical or legal responsible and the nature and nature of the infractions. b) In the case of serious infraction: 1st Fine from 20,001 to 200,000 euros. 2.º Prohibition or temporary closure, total or partial, of the activities or facilities by a maximum period of two years. 3rd disqualification for the exercise of the activity for a maximum period of one year. 4th The temporary sealing of equipment, machines and products for a maximum period of two years. 5th Suspension of the authorizations in which conditions have been established related to air pollution for a maximum period of two years. c) In the case of minor infraction: fine of up to 20,000 euros. 2. In any case, the amount of the fine imposed will be, at least, equal to twice the amount in which the offender has benefited. Article 32. Graduation of sanctions. 1. In the imposition of sanctions, the due adaptation between the seriousness of the constitutive act of the infraction and the applied sanction must be kept, with consideration of the following criteria for the graduation of the sanction: Page 24 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION a) Existence of intent or repetition. b) The extent to which the emission limit value has been exceeded. c) The inconvenience, risks or damage caused to people, the environment and other goods of any nature. d) The serious difficulty, when not the impossibility of repairing the damage caused to the atmosphere. e) Recidivism due to the commission of more than one infraction typified in this law when thus it has been declared by firm resolution. f) The benefit obtained from the commission of the offense. g) The differences between the data provided and the real data. 2. In any case, the prohibition, suspension or closure of activities or facilities will be agreed without prejudice to the payment of wages or compensation to the workers that proceed and the measures that may be arbitrated for their guarantee, in accordance with the regulations. employment that is applicable. Article 33. Criminal responsibility. 1. When the infraction could constitute a crime or misdemeanor, the instructing Administration will inform the competent jurisdictional body, suspending the processing of the sanctioning procedure while the judicial authority has not issued a final judgment or resolution that puts an end to the process. 2. The criminal sanction will exclude the imposition of an administrative sanction in the cases in which the identity of the subject, the fact and the foundation are appreciated. If the existence of a crime or misdemeanor has not been estimated, the competent body will continue the processing of the disciplinary file. Article 34. Concurrence of sanctions. When for the same facts and legal grounds, the offender could be sanctioned in accordance with this law and another or other applicable laws, the most serious of the possible sanctions will be imposed. Article 35. Provisional measures. 1. In cases of imminent threat of damage or to avoid new damage, the competent body may agree, even before the initiation of the sanctioning procedure, with the limits and conditions of articles 72 and 136 of Law 30/1992, of November 26, of the Legal Regime of the Public Administrations and the Common Administrative Procedure, by reasoned agreement and prior hearing of the interested party, among others, one or more of the following provisional measures: a) Correction, security or control measures that prevent continuity in the production of risk or damage. b) Temporary sealing of devices, equipment or products. c) Temporary, partial or total closure of the facilities. d) Temporary shutdown of the facilities. e) Temporary suspension of the authorization to carry out the activity. 2. The provisional measure that is adopted before the initiation of the disciplinary procedure must be confirmed, modified or lifted in the initiation agreement, which must be carried out within fifteen days of its adoption, which may be the subject of the appeal that proceed. Article 36. Obligation to replenish, coercive fines and subsidiary execution. 1. Without prejudice to the penal or administrative sanction that is imposed, the offender will be obliged to adopt all possible measures for the replacement or restoration of things to the state prior to the infraction committed, as well as to pay the corresponding compensation for damages. and damages caused in the event that these have been Page 25 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION produced. Compensation for damages caused to public administrations will be determined and collected through administrative means. 2. In case of non-compliance with the sanction or the obligation referred to in the previous section, the competent body will require the offender to comply. If the requirement is neglected, the competent body may agree to the imposition of coercive fines for the amount determined by the regional regulations. 3. The imposition of coercive fines will require that the requirement indicate the term available for compliance with the obligation and the amount of the fine that may be imposed. In any case, the term must be sufficient to fulfill the obligation. In the event that, once the coercive fine has been imposed, the non-compliance that gave rise to it continues, it may be reiterated as many times as necessary until the obligation is fulfilled, without, in any case, the term established in the new requirements may be less than that set in the first. Coercive fines are independent and compatible with those that can be imposed as a sanction. 4. When an imminent threat of damage occurs or damage has occurred, in the event that the owner does not adopt the necessary preventive, corrective, palliative or remedial measures, or these have been insufficient for the threat to disappear, to contain or eliminate the damage or avoid further damage and adverse effects or when the seriousness and significance of the eventual damage or damages produced so advise, the competent public administration may subsidiarily execute, and at the expense of the responsible party, the preventive and remedial measures that must be adopted. Article 37. Sanctioning power. It corresponds to the autonomous communities and, where appropriate, to the local entities in the terms of article 5.3, the exercise of the sanctioning power. First additional provision. Penalty system relating to international and intra-community trade. Failure to comply with the provisions of this law relating to international and intra-community trade will be sanctioned in accordance with the regime established in Organic Law 12/1995, of December 12, on the Repression of Smuggling. Second additional provision. Activities and facilities included in the scope of application of Law 16/2002, of July 1, on prevention and integrated control of pollution and regional legislation. Exempt from the provisions of articles 13 and 14 are those facilities included in the scope of application of Law 16/2002, of July 1, on integrated pollution prevention and control, which will be subject to integrated environmental authorization regulated in the same, as well as those that, due to legislative development of the autonomous communities, are affected by integrated intervention procedures of a similar nature. Third additional provision. Installations included in the scope of application of Law 1/2005, of March 9, which regulates the trading regime of greenhouse gas emission rights. In the case of facilities subject to Law 1/2005, of March 9, which regulates the greenhouse gas emission rights trading regime, the authorization referred to in article 13 will not include values limit for direct emissions of those gases specified in annex I of the aforementioned Law 1/2005, unless it is necessary to guarantee that no significant local pollution is caused. Fourth additional provision. Light pollution. Public Administrations, within the scope of their powers, will promote the prevention and reduction of light pollution, in order to achieve the following objectives: Page 26 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION a) Promote efficient use of outdoor lighting, without undermining the safety it must provide to pedestrians, vehicles and properties. b) Preserve as much as possible the natural conditions of the night hours in benefit of the fauna, flora and ecosystems in general. c) Prevent, minimize and correct the effects of light pollution in the night sky, and particularly in the environment of astronomical observatories that work within the visible spectrum. d) Reduce light intrusion in areas other than those to be illuminated, mainly in natural environments and inside buildings. Fifth additional provision. Application of the regulatory laws of National Defense. What is established in this Law is understood without prejudice to what is established in the laws regulating National Defense. Sixth additional provision. More sustainable mobility. Public Administrations, within the scope of their powers, will promote less polluting public and private transport systems. Seventh additional provision. Law of sustainable mobility. The Government, in development of the urgent measures to be adopted against climate change, will prepare a sustainable mobility law that will include, within the framework of the established social dialogue, the obligation to implement company transport plans that reduce the use of the automobile in the transport of their workers, promote other less polluting modes of transport and contribute to reducing the number and impact of these trips. Eighth additional provision. Restructuring of the Tax on certain means of transport. First. Modification of Law 38/1992, of December 28, on Special Taxes. With effect from January 1, 2008, the following modifications in Law 38/1992, of December 28, on Special Taxes: One. Sections 1 and 2 of article 65 are modified, which will be worded as follows: "1. They will be subject to the tax: a) The first definitive registration in Spain of vehicles, new or used, provided with an engine for their propulsion, except for those mentioned below: 1st Vehicles included in categories N1, N2 and N3 established in the text in force as of June 30, 2007 of annex II of Directive 70/156/EEC, of the Council, of February 6, 1970, relating to the approximation of the laws of the Member States on the approval of motor vehicles and their trailers, provided that, in the case of those included in the N1 category, they significantly affect the exercise of an economic activity. The affectation to an economic activity will be presumed significant when, in accordance with the provisions of article 95 of Law 37/1992, of December 28, on Value Added Tax, the taxpayer has the right to deduct at least 50 per percent of the Value Added Tax quotas supported or paid on the occasion of the acquisition or importation of the vehicle, without the application of any other restriction on the right to deduction derived from the regulations contained in said Law being relevant for these purposes. . When the registration takes place in the Canary Islands, the significant affectation to an economic activity will be presumed when the exclusions and restrictions of the right to deduct provided for in Page 27 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION Article 30 of Law 20/1991, of June 7, modifying the fiscal aspects of the Fiscal Economic Regime of the Canary Islands, without the application of any other restriction on the right to deduction derived from the regulations being relevant for these purposes. contained in said Law. However, the first definitive registration in Spain of these vehicles when they are conditioned to be used as a home will be subject to tax. 2. Vehicles included in categories M2 and M3 established in the same text referred to in number 1 above and trams. 3rd Those that, objectively considered, are of exclusive industrial, commercial, agricultural, clinical or scientific application, provided that their series models or individual vehicles have been duly approved by the Tax Administration. For these purposes, vehicles that have only two seats (for the driver and assistant) will be considered to have exclusively one of these applications, in no case have additional seats or anchors that allow their installation and the space intended for loading does not enjoy side visibility and is greater than 50 percent of the interior volume. 4th Mopeds with two or three wheels. 5th Motorcycles and three-wheeled vehicles that are not quadricycles provided that, in both cases, their displacement does not exceed 250 cubic centimeters, if they are internal combustion engines, or their maximum net power does not exceed 16 kW. in the rest of engines. 6th Vehicles for people with reduced mobility. 7th Special vehicles, provided they are not type vehicles “quad” defined in epigraph 4 of Article 70.1. 8. Adaptable mixed vehicles whose total height from the structural part of the roof of the bodywork to the ground is greater than 1,800 millimeters, provided that they are not off-road vehicles and provided that they significantly affect the exercise of an economic activity. The impact on an economic activity will be presumed significant when, in accordance with the provisions of article 95 of Law 37/1992, of December 28, on Value Added Tax, the taxpayer had the right to deduct at least 50 per percent of the Value Added Tax installments supported or paid on the occasion of the acquisition or importation of the vehicle, without the application of any other restriction on the right to deduction derived from the regulations contained in said Law being relevant for these purposes. . When the registration takes place in the Canary Islands, the significant impact on an economic activity will be presumed when the exclusions and restrictions of the right to deduct provided for in article 30 are not applicable to the quotas borne from the Canary Indirect General Tax on the acquisition or importation of the vehicle. of Law 20/1991, of June 7, modifying the fiscal aspects of the Canary Islands Fiscal Economic Regime, without the application of any other restriction in the right to deduction derived from the regulations contained in said Law. However, the first definitive registration in Spain of these vehicles when they are conditioned to be used as a home will be subject to tax. 9th Those intended to be used by the Armed Forces, by the State Security Forces and Corps, the Autonomous Communities and Local Corporations, as well as by the Customs Guard, in defense, surveillance and security functions. 10th Ambulances and vehicles that, due to their characteristics, do not allow any other purpose or use than that related to surveillance and relief on highways and roads. b) The first registration of recreational or water sports boats and vessels, new or used, that are more than eight meters in length, in the regular or special vessel registration register or, if they are not registrable in Page 28 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION said record, the first enrollment in the record of the corresponding sports Federation. It will be subject in any case, whatever its length, the first registration of the jet skis defined in section 4 of article 70.1. The length to be considered will be defined as such in the version in force as of June 30, 2007 of Royal Decree 544/2007, of April 27, which regulates the flagging and registration of pleasure craft in the seventh List. of the Ship Registration Registry. They are considered boats and vessels for pleasure or water sports: 1st The boats that are registered in the sixth or seventh lists of the registry of registration of ships, ordinary or special or, where appropriate, in the registry of the corresponding sports Federation. 2. Vessels other than those mentioned in paragraph 1 above that are intended for private recreational navigation, as defined in section 13 of article 4 of this Law. c) The first registration of airplanes, light aircraft and other aircraft, new or used, provided with a mechanical engine, in the Aircraft Registry, except for those listed below: 1. Aircraft that, due to their technical characteristics, can only be used for agricultural or forestry work or for the transfer of the sick and injured. 2nd aircraft whose maximum takeoff weight does not exceed 1,550 kilograms according to the certificate issued by the General Directorate of Civil Aviation. d) The circulation or use in Spain of the means of transport referred to in the previous sections will be subject to the tax, when their final registration in Spain has not been requested in accordance with the provisions of the first additional provision, within the period of 30 days after the start of its use in Spain. This period will be extended to 60 days in the case of means of transport used in Spain as a result of the transfer of the habitual residence of its owner to Spanish territory, provided that the exemption contemplated in section 1.I) of article 66. For these purposes, they will be considered as dates of beginning of their circulation or use in Spain the following: 1st If it is about means of transport that have been covered by the temporary importation or tourist registration regimes, the date of abandonment or extinction of said regimes. 2nd In the rest of the cases, the date of the introduction of the means of transport in Spain. If said date is not reliably recorded, the date of the start of its use will be considered to be the later of the following two: 1'. Date of acquisition of the means of transport. two'. Date from which the interested party is considered to be resident in Spain or owner of an establishment located in Spain. 2. a) The delimitation and determination of the vehicles referred to in section 1.a) above and section 1 of article 70 will be carried out, in matters not expressly provided for in said precepts, in accordance with the definitions and categories contained in the current version as of June 30, 2007 of Annex II of the General Vehicle Regulations, approved by Royal Decree 2822/1998, of December 23. b) For the purposes of this Law, those means of transport that have such consideration in accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax, will be considered new, even if the first registration occurs in Canary Islands. Page 29 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION c) The application of the non-subject cases referred to in numbers 9 and 10 of section 1.a) above, will be subject to prior recognition by the Tax Administration in the manner determined by regulation. In other cases of non-subjection, it will be necessary to present a statement to the Tax Administration in the place, form, term and forms determined by the Minister of Economy and Finance. Vehicles approved by the Tax Administration are excepted from the provisions of this paragraph. Two. Article 70 is modified, which will be worded as follows: "Article 70. Tax rates. 1. For the determination of the applicable tax rates, the following headings are established: Epigraph 1 a) Vehicles whose official CO2 emissions are not greater than 120 g/km, with the exception of ``quad'' type vehicles. b) Vehicles equipped with a single engine that is not internal combustion, with except for ``quad'' type vehicles. Epigraph 2. Vehicles whose official CO2 emissions are greater than 120 g/km and are less than 160 g/km, with the exception of ``quad'' type vehicles. Heading 3. Vehicles whose official C02 emissions are not less than 160 g/km and less than 200 g/km, with the exception of ``quad'' type vehicles. 4th heading a) Vehicles whose official CO2 emissions are equal to or greater than 200 g/km, with the exception of ``quad'' type vehicles. b) Vehicles for which the measurement of their carbon dioxide emissions is required. CO2, when these are not accredited. c) Vehicles included in categories N2 and N3 fitted out as housing. d) ``quad'' type vehicles. A quad type vehicle is understood as a vehicle with four or more wheels, with a handlebar steering system in which the driver sits astride and which is equipped with a drive system suitable for off-road use. e) Nautical motorcycles. A 'nautical motorcycle' is understood to be a boat propelled by a motor and designed to be handled by one or more people seated, standing or kneeling, on the limits of a hull and not within it. Section 5.º a) Vehicles not included in headings 1st, 2nd, 3rd or 4th b) Boats and vessels for recreation or water sports, with the exception of jet skis. c) Planes, light aircraft and other aircraft. 2. The applicable tax rates will be the following: a) The rates that, in accordance with the provisions of article 43 of Law 21/2001, of December 27, which regulates the fiscal and administrative measures of the new financing system of the Autonomous Communities of common regime and Cities with a Statute of Autonomy, have been approved by the Autonomous Community. b) If the Autonomous Community had not approved the rates referred to in the preceding paragraph, the following shall apply: Canary Islands and Balearic Islands Epigraph 1 0 per 100 0 per 100 2nd heading 4.75 per 100 3.75 per 100 3rd heading 9.75 per 100 8.75 per 100 4th heading 14.75 per 100 13.75 per 100 Page 30 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION Canary Islands and Balearic Islands Section 5 12 per 100 11 per 100 c) In Ceuta and Melilla the following tax rates will apply: Heading 1.º 0 per 100 2nd heading 0 per 100 3rd heading 0 per 100 Heading 4th 0 per 100 Heading 5.º 0 per 100 3. The applicable tax rate will be the one in force at the time of accrual. 4. When the means of transport whose first definitive registration has taken place in Ceuta and Melilla is subject to definitive importation in the peninsula and the Balearic Islands or in the Canary Islands, the tax will be settled at the tax rates resulting from multiplying the rates indicated in the paragraphs a) or b) of section 2 above, as appropriate, by the following coefficients: a) If the definitive importation takes place within the first year following the first definitive registration: 1.00. b) If the definitive importation takes place within the second year following the first definitive registration: 0.67. c) If the final importation takes place within the third or fourth year following to the first definitive registration: 0.42. In the cases provided for in this section, the tax base will be made up of the customs value of the means of transport. 5. When the means of transport for which the tax has been accrued in the Canary Islands is definitively introduced into the peninsula and the Balearic Islands, within the first year following the first definitive registration, the holder must self-assess and enter the quotas corresponding to the difference between the tax rate applicable in the Autonomous Community of the Canary Islands and the rate that corresponds to apply in the Autonomous Community in which it is definitively introduced, on a tax base that will be constituted by the value of the average transport at the time of introduction. The provisions of the preceding paragraph of this section shall not be applicable when, in relation to the means of transport object of the introduction, the tax has already been required in the Canary Islands with application of a tax rate not lower than that in force in the peninsular Autonomous Communities or in that of the Balearic Islands for said means of transport at the time of introduction. 6. The settlements and self-assessments that proceed by virtue of sections 4 and 5 of this article will not be required in cases of transfer of the residence of the owner of the means of transport to the territory in which they take place, depending on the case, the importation. definitive or the definitive introduction. The application of the provisions of this section is conditional on compliance with the following requirements: a) The interested parties must have had their habitual residence in Ceuta and Melilla or in the Canary Islands, as the case may be, for at least twelve consecutive months prior to the transfer. b) The means of transport must have been acquired under the normal existing tax conditions, as the case may be, in Ceuta and Melilla or in the Canary Islands, and must not have benefited from any exemption or refund on the occasion of their departure from said territories. c) The means of transport must have been used by the interested party at his former residence for a minimum period of six months before leaving said residence. d) The means of transport referred to in this section must not be transferred during a period of twelve months after import or introduction. Failure to comply with this requirement will determine the practice of Page 31 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION corresponding liquidation or self-liquidation with reference to the moment in which said breach occurred. 7. The official CO2 emissions will be accredited, where appropriate, by means of a certificate issued for that purpose by the manufacturer or importer of the vehicle, except in those cases in which said emissions appear on the technical inspection card or in any other document. official character issued individually with respect to the vehicle in question." Three. Article 70 bis, "quota deduction", is hereby repealed, in accordance with the provisions of paragraph a) of section four of the sole repealing provision of Law 14/2000, of December 29, on fiscal, administrative and of the social order, according to the wording given to it by the sole repealing provision of Royal Decree-Law 13/2006, of December 29, which establishes urgent measures in relation to the PREVER program for the modernization of the motor vehicle fleet , the increase in road safety and the defense and protection of the environment. Four. Article 71 is modified, which will be worded as follows: "Article 71. Liquidation and payment of the Tax. 1. The tax must be subject to self-assessment and income by the taxable person in the place, form, deadlines and forms established by the Ministry of Economy and Finance. 2. The self-assessment must be endorsed by the Tax Administration, in the manner established by the Ministry of Economy and Finance, prior to the final registration before the competent body. When the amount resulting from the self-assessment is lower than that which would result from applying the average sales prices approved by the Ministry of Economy and Finance, the Tax Administration, prior to the granting of the visa, may proceed to verify the amount or value recorded as tax base in accordance with the provisions of article 57 of Law 58/2003, of December 17, General Taxation. The average prices to be considered will be those in force at the time the interested party requests the visa before the Tax Administration. The declared amount or value may also be verified in advance when there is no average sale price approved by the Minister of Economy and Finance for the means of transport to which the submitted self-assessment refers. The maximum term to carry out the verification will be sixty days counted from the availability of the documentation of the means of transport before the Tax Administration. The passage of the aforementioned period without the verification having been carried out will determine the provisional granting of the visa on the basis of the amount or value declared by the taxpayer. For the purposes of calculating the period, the provisions of section 2 of article 104 of the General Tax Law shall apply. The visa may be granted provisionally, without prior verification of the amount or value, at the time of filing the self- assessment, which may be done by issuing an electronic code. The granting of the visa on a provisional basis will not prevent the subsequent Administrative verification of the self-assessment in all its elements. 3. To carry out the definitive registration of the means of transport, the payment of the tax must be accredited or, where appropriate, the recognition of non-subjection or exemption. Five. Sections 3 and 4 of the seventh transitory provision are repealed. Second.-Modification of Law 21/2001, of December 27, which regulates the fiscal and administrative measures of the new financing system of the Autonomous Communities of common regime and Cities with Statute of Autonomy. With effect from January 1, 2008, article 43 of Law 21/2001, of December 27, which regulates the fiscal and administrative measures of the new financing system of the Autonomous Communities of the common regime, is modified. and Cities with Statute of Autonomy, which will be worded as follows: Page 32 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION "Article 43. Scope of regulatory powers in the Special Tax on Certain Means of Transport. In the Special Tax on Certain Means of Transport, the Autonomous Communities may increase the tax rates applicable to the headings of section 1 of article 70 of Law 38/1992, of December 28, on Special Taxes, by 15 percent as maximum." Ninth additional provision. Information regarding vehicle emissions. The Government, in development of the urgent measures to be adopted against climate change, will include the mandatory nature of the Energy Efficiency Information Label referring to fuel consumption and CO2 emissions, provided for in Annex I.2 of Royal Decree 837/2002, of August 2, which regulates the information related to fuel consumption and C02 emissions of new passenger cars that are put up for sale or offered for financial lease in Spanish territory. Unique transitional provision. Regime applicable to existing installations. The legislation of the autonomous communities will establish the terms and deadlines for adaptation to the provisions of this law of existing facilities, defined in article 3.h), as well as those that have requested authorization before its entry into force. Unique derogatory provision. Regulatory repeal. 1. The Regulation of annoying, unhealthy, harmful and dangerous activities, approved by Decree 2414/1961, of November 30, is repealed. However, the aforementioned Regulation will remain in force in those autonomous communities and cities that do not have approved regulations on the matter, as long as said regulations are not issued. Notwithstanding the foregoing, the regulation contained in articles 4, 11, 15 and 20 on locations and distances established in the Regulation of annoying, unhealthy, harmful and dangerous activities, will not apply to water treatment facilities. , wastewater treatment facilities, desalination and desalination facilities, provided that such issue has been subject to analysis and correction, where appropriate, through appropriate measures in accordance with the best available techniques or that conform to what is determined in this regard the environmental evaluation or, where appropriate, the corresponding integrated environmental authorization or equivalent administrative title. 2. Likewise, any provisions of equal or lower rank that oppose the provisions of this law and, in particular, Law 38/1972, of December 22, on the Protection of the Atmospheric Environment and annexes II and III of Decree 833, are hereby repealed. /1975, of February 6, which develops Law 38/1972, of December 22, on the Protection of the Atmospheric Environment. First final provision. Modification of Law 10/1998, of April 21, on Waste. A new paragraph is added to section 1 of article 11 of Law 10/1998, of 21 April, Waste, with the following wording: "In the case of construction and demolition waste, the holder of said waste will be obliged to separate it by type of material, under the terms and conditions determined by regulation." Second final provision. Modification of Law 14/2000, of December 29, on Fiscal, Administrative and Social Order Measures. One. Four new definitions are added to section 6 of article 11 of the Law 14/2000, of December 29, with the following wording: Page 33 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION "Certified noise: lateral, approach and take-off noise level, which appears in the aircraft noise certificate, expressed in EPNdB (effective perceived noise in decibels). Determined noise: lateral, approach and take-off noise level, expressed in EPNdB, resulting from the application of the following formulas: Side Noise: Weight 0-35 tons 35-400 Tm More than 400 tons Nivel 94 80,87 + 8,51Log(mtow) 103 Approach Noise: Weight 0-35 tons 35-280 Tm More than 280 tons Nivel 98 86,03 + 7,75Log(mtow) 105 Takeoff noise: Weight 0-48,1 Tm 48,1-385 Tm More than 385 tons Level 1 or 2 engines 89 66,65 + 13,29 Log(motw) 101 Weight 0-28,6 Tm 28,6-385 Tm More than 385 tons Tier 3 engines 89 69,65 + 13,29Log(motw) 104 Weight 0-20,2 Tm 20,2-385 Tm More than 385 tons Level 4 motors or more 89 71.65 + 13.29Log(motw) 106 Accumulated margin: Figure expressed in EPNdB obtained by adding the differences between the determined noise level and the certified noise level at each of the three reference noise measurement points as defined in volume 1, second part, chapter 3, annex 16 of the Convention on International Civil Aviation. Civil subsonic jet aircraft: Aircraft with a maximum takeoff weight of 34,000 kg or more, or with a maximum certified interior capacity for the type of aircraft in question greater than 19 passenger seats, excluding seats reserved for the crew. » Two. A new paragraph D is added to section 8 of article 11 of Law 14/2000, of 29 December, with the following wording: «D) At the Madrid Barajas and Barcelona airports, and for civil subsonic jet aircraft, the amounts resulting from the application of the amounts referred to in paragraphs A and B of this section will be increased by the following percentages based on the time slot in which the landing or take-off occurs and the acoustic classification of each aircraft: From 07:00 to 22:59 (local time) 23:00 to 06:59 (local time) acoustic classification – – Percentage Percentage Category 1 70 140 category 2 20 40 Category 3 0 0 Category 4 0 0 The acoustic category of each aircraft will be determined according to the following criteria: Category 1: Aircraft whose accumulated margin is less than 5 EPNdB. Category 2: Aircraft whose accumulated margin is between 5 EPNdB and 10 EPNdB. Category 3: Aircraft whose accumulated margin is between 10 EPNdB and 15 EPNdB. Page 34 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION Category 4: Aircraft whose accumulated margin is greater than 15 EPNdB. For these purposes, the airlines will present, before the departure of the flight, to the Spanish Airports and Air Navigation Business Entity a copy of the official noise certificate adjusted to the provisions of Annex 16 to the Convention on International Civil Aviation, regarding the protection of the environment, or document of similar characteristics and validity issued by the state of registration of the aircraft. Those aircraft that do not provide a noise certificate will be considered within the same category as an aircraft of the same manufacturer, model, type and number of engines for which a certificate is available for the purposes of noise classification, until the accreditation of the corresponding certificate. . The applicable percentages based on the noise classification of each aircraft will be discounted in 2007 by 65% of their amount and in 2008 by 35% of their amount. They will be applied in their entirety as of January 1, 2009.» Three. Section 10.2 of article 11 of Law 14/2000 of December 29 is modified, with the following wording: "two. For the purposes of the provisions of the previous section, the elements and quantification criteria of this rate will be considered the maximum officially recognized takeoff weight of the aircraft, the category of the airport, the season in which the taxable event of the rate, the type, class and nature of the flight, the number of operations carried out by period of time and airport, the time zone and the acoustic classification of the aircraft.» Third final provision. Modification of Law 16/2002, of July 1, on prevention and integrated control of pollution. Section 2 of article 22 of Law 16/2002, of July 1, on integrated pollution prevention and control, is worded as follows: "two. In the case of installations subject to Law 1/2005, of March 9, which regulates the trading system for greenhouse gas emission rights, the authorization will not include limit values for direct emissions of those gases. specified in annex I of said law, unless it is necessary to ensure that no significant local pollution is caused. The provisions of the preceding paragraph shall not apply to facilities temporarily excluded from the greenhouse gas emission rights trading scheme, in accordance with the provisions of the fourth transitory provision of the aforementioned law.» Two. Section 3 of article 25 is deleted. Fourth final provision. Modification of Law 16/2007, of July 4, reforming and adapting commercial legislation in accounting matters for its international harmonization based on European Union regulations. (Repealed) Fifth final provision. References to the repealed regulations. The references of the current legal system to Law 38/1972, of December 22, on the Protection of the Atmospheric Environment and to annexes II and III of Decree 833/1975, of February 6, by which it is developed, will be understood made to this law and its annexes I and IV. Final disposition sixth. Competent title. This law is enacted under the protection of the exclusive powers of the State provided for in article 149.1.23 of the Constitution in matters of basic legislation on environmental protection. Page 35 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION Seventh final provision. Deadline for the approval of the consolidated text of environmental impact assessment. The Government will prepare and approve within a year from the entry into force of this law a consolidated text in which the legal provisions in force regarding environmental impact assessment are regularized, clarified and harmonized. Eighth final provision. Regulatory development of state legislation in the Cities of Ceuta and Melilla. The provisions on classified activities and the environmental discipline regime contained in Law 16/2002, of July 1, on integrated pollution prevention and control, in this law and in any other regulation, shall be considered general State legislation, to which effects provided for in article 21.2 of Organic Laws 1/1995 and 2/1995, of March 13, which approve, respectively, the Statutes of Autonomy of the Cities of Ceuta and Melilla. Ninth final provision. Authorization for regulatory development. 1. The Government is empowered so that, within the scope of its powers and prior consultation with the Autonomous Communities, it approves as many provisions as are necessary for the application, execution and development of the provisions of this law, as well as to update its attachments. 2. The Government, within a year from the entry into force of this law, after consultation with the autonomous communities, will update annex IV. 3. The Government, by royal decree, may update the amount of the fines established in article 31. Final provision ten. Entry into force. This law will enter into force on the day following its publication in the "Official State Gazette". So, I command all Spaniards, individuals and authorities, to uphold and enforce this law. Madrid, November 15, 2007. JUAN CARLOS R. The president of the Government, JOSE LUIS RODRIGUEZ ZAPATERO ANNEX I List of air pollutants 1. Sulfur oxides and other sulfur compounds. 2. Nitrogen oxides and other nitrogen compounds. 3. Carbon oxides. 4. Ozone. 5. Volatile organic compounds. 6. Polycyclic aromatic hydrocarbons and persistent organic compounds. 7. Metals and their compounds. 8. Particulate matter (including PM10 and PM2.5). 9. Asbestos (suspended particles, fibers). 10. Halogens and their compounds. 11. Cyanides. 12. Polychlorodibenzodioxins and polychlorodibenzofurans. Page 36 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION 13. Substances and preparations for which it has been demonstrated or there are reasonable indications that they have carcinogenic, mutagenic, xenoestrogenic properties or may affect reproduction through the air. 14. Substances that deplete the ozone layer. ANNEX II Guidelines for the selection of air pollutants 1. Possibility, severity and frequency of effects; Regarding human health and the environment as a whole, irreversible effects should be the object of special attention. 2. Generalized presence and high concentration of the pollutant in the atmosphere. 3. Environmental transformations or metabolic alterations that may give rise to to the production of more toxic chemicals. 4. Persistence in the environment, particularly if the contaminant is not biodegradable and can accumulate in humans, the environment, or in food chains. 5. Pollutant impact: - importance of exposed population, living resources or ecosystems, - particularly vulnerable recipient organisms in the affected area. 6. Risk assessment methods will preferably be used. 7. The criteria must be taken into account for the selection of contaminants. pertinent dangerousness established by virtue of the regulations of the European Union. APPENDIX III Factors to take into account for establishing air quality objectives and alert thresholds 1. Degree of exposure of human populations and, in particular, of sensitive subgroups. 2. Weather conditions. 3. Sensitivity of fauna, flora and their habitats. 4. Historical heritage exposed to contaminants. 5. Economic and technical feasibility. 6. Long-range transport of contaminants, including contaminants secondary, including ozone. 7. Specific formation mechanisms of each pollutant. ANNEX IV Catalog of potentially polluting activities of the atmosphere. CAPCA-2010 Ptn: rated thermal power Wt : thermal watts cp : production capacity aea: activities specified in the previous section ccd: solvent consumption capacity "-" : no group assigned EXERCISE GROUP CODE COMBUSTION IN THE ENERGY PRODUCTION AND TRANSFORMATION SECTOR ELECTRICITY 01 GENERATION FOR DISTRIBUTION THROUGH THE PUBLIC NETWORK Boilers with Ptn >= 300 MWt 01 01 aea, with Ptn < 300 MWt and >= 50 MWt aea, with Ptn < 50 MWt and > 20 MWt Ptn boilers <= 20 MWt and A 01 01 01 00 >= 5 MWt(1) A 01 01 02 00 B 01 01 03 01 B 01 01 03 02 Page 37 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION EXERCISE GROUP CODE aea, of Ptn < 5 MWt and >= 1 MWt aea, C 01 01 03 03 of Ptn < 1 MWt and >= 250 KWt(1) aea, of Ptn C 01 01 03 04 < 250 KWt Gas turbines of Ptn >= 50 MWt – 01 01 03 05 aea, of Ptn < 50 MWt and > 20 MWt Ptn gas A 01 01 04 01 turbines <= 20 MWt and >= 5 MWt aea, of Ptn B 01 01 04 02 < 5 MWt and >= 1 MWt aea, of Ptn < 1 MWt and >= 250 B 01 01 04 03 KWt aea, of Ptn < 250 kWt Engines of internal C 01 01 04 04 combustion of Ptn > 20 MWt aea, of Ptn <= 20 MWt and C 01 01 04 05 > 5 MWt aea, of Ptn <= 5 MWt and >= 1 MWt aea, of – 01 01 04 06 Ptn < 1 MWt HEAT GENERATION FOR URBAN A 01 01 05 01 DISTRICTS Ptn boilers > = 300 MWt aea, of Ptn < 300 B 01 01 05 02 MWt and >= 50 MWt aea, of Ptn < 50 MWt and > 20 MWt C 01 01 05 03 Boilers of Ptn <=20 MWt and >= 5 MWt(1) aea, of Ptn < 5 – 01 01 05 04 MWt and > = 1 MWt aea, of Ptn < 1 MWt and >= 250 KWt(1) aea, 01 02 of Ptn < 250 KWt Ptn gas turbines >= 50 MWt aea, of Ptn < 50 MWt A 01 02 01 00 and > 20 MWt Ptn gas turbines <= 20 MWt and >= 5 MWt aea, of A 01 02 02 00 Ptn < 5 MWt and >= 1 KWt aea, of Ptn < 1 MWt and >= 250 KWt B 01 02 03 01 aea, of Ptn < 250 KWt Internal combustion engines of Ptn > 20 MWt B 01 02 03 02 aea , of Ptn <= 20 MWt and > 5 MWt aea, of Ptn <= 5 MWt and >= C 01 02 03 03 1 MWt aea, of Ptn < 1 M Wt OIL REFINEMENT Ptn boilers >= 300 C 01 02 03 04 MWt aea, Ptn < 300 MWt and >= 50 MWt Ptn boilers < 50 MWt and – 01 02 03 05 > 20 MWt Ptn boilers <= 20 MWt and >= 5 MWt(1) aea, of Ptn < 5 A 01 02 04 01 MWt and >= 1 MWt aea, of Ptn < 1 MWt and >= 250 KWt(1) aea, of B 01 02 04 02 Ptn < 250 kWt Ptn gas turbines >= 50 MWt Ptn gas turbines < 50 B 01 02 04 03 MWt and > 20 MWt aea, of Ptn <= 20 MWt and >= 5 MWt aea, of C 01 02 04 04 Ptn < 5 MWt and >= 1 MWt aea, of Ptn < 1 MWt and >= 250 KWt C 01 02 04 05 aea, of Ptn < 250 kWt Combustion engines of Ptn > 20 MWt aea, of – 01 02 04 06 Ptn <= 20 MWt and > 5 MWt aea, of Ptn <= 5 MWt and >= 1 MWt A 01 02 05 01 aea, of Ptn < 1 MWt Non-contact process furnaces in refineries of B 01 02 05 02 Ptn >= 50 MWt Non-contact process furnaces in Ptn refineries < 50 C 01 02 05 03 MWt TRANSFORMATION OF SOLID FUELS Ptn boilers >= 300 – 01 02 05 04 MWt aea, Ptn < 300 MWt and >= 50 MWt aea, Ptn < 50 MWt and > 01 03 20 MWt Ptn boilers <= 20 MWt and >= 5 MWt(1) aea, of Ptn < 5 A 01 03 01 00 MWt and >= 1 MWt aea, of Ptn < 1 MWt and >= 250 KWt(1) aea, of A 01 03 02 00 Ptn < 250 KWt Gas turbines of Ptn >= 50 MWt aea, from Pt n < 50 B 01 03 03 01 MWt and > 20 MWt Ptn gas turbines < =20 MWt and >= 5 MWt aea, B 01 03 03 02 of Ptn < 5 MWt and >= 1 MWt aea, of Ptn < 1 MWt and >= 250 KWt C 01 03 03 03 aea, of Ptn < 250 kWt Internal combustion engines of Ptn > 20 MWt C 01 03 03 04 aea, of Ptn <= 20 MWt and > 5 MWt aea, of Ptn <= 5 MWt and >= 1 – 01 03 03 05 MWt aea, of Ptn < 1 MWt Coke ovens Distillation or liquefaction of A 01 03 04 01 coal or wood Gasification of coal or primary biomass COAL MINING; B 01 03 04 02 OIL/GAS EXTRACTION Ptn boilers >= 300 MWt aea, Ptn < 300 B 01 03 04 03 MWt and >= 50 MWt aea, Ptn < 50 MWt and > 20 MWt Ptn boilers C 01 03 04 04 <= 20 MWt and >= 5 MWt(1) aea, of Ptn < 5 MWt and >= 1 MWt C 01 03 04 05 aea, of Ptn < 1 MWt and >= 250 KWt(1) – 01 03 04 06 A 01 03 05 01 B 01 03 05 02 C 01 03 05 03 – 01 03 05 04 A 01 03 06 01 B 01 03 06 02 01 04 A 01 04 01 00 A 01 04 02 00 B 01 04 03 01 B 01 04 03 02 C 01 04 03 03 C 01 04 03 04 – 01 04 03 05 A 01 04 04 01 B 01 04 04 02 B 01 04 04 03 C 01 04 04 04 C 01 04 04 05 – 01 04 04 06 A 01 04 05 01 B 01 04 05 02 C 01 04 05 03 – 01 04 05 04 A 01 04 06 00 A 01 04 07 01 B 01 04 07 02 01 05 A 01 05 01 00 A 01 05 02 00 B 01 05 03 01 B 01 05 03 02 C 01 05 03 03 C 01 05 03 04 Page 38 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION EXERCISE GROUP CODE aea, from Ptn. < 250 kWt Ptn – 01 05 03 05 gas turbines >= 50 MWt aea, of Ptn < 50 A 01 05 04 01 MWt and > 20 MWt Ptn gas turbines <= 20 B 01 05 04 02 MWt and >= 5 MWt aea, of Ptn < 5 MWt and >= 1 KWt B 01 05 04 03 aea , of Ptn < 1 MWt and >= 250 KWt aea, of Ptn < 250 C 01 05 04 04 kWt Internal combustion engines of Ptn > 20 MWt aea, of C 01 05 04 05 Ptn <= 20 MWt and > 5 MWt aea, of Ptn <= 5 MWt and >= – 01 05 04 06 1 MWt aea, of Ptn < 1 MWt Ptn turbines >= 50 MWt or Ptn A 01 05 05 01 internal combustion engines >= 20 MWt used to drive B 01 05 05 02 compressors Ptn turbines < 50 MWt and > 5 MWt, or Ptn C 01 05 05 03 internal combustion engines < 20 MWt and > 5 MWt used – 01 05 05 04 to drive compressors Ptn Turbines <= 5 MWt and >= 1 MWt, or Ptn internal combustion engines <= 5 MWt and >= 1 MWt used to drive A 01 05 06 01 compressors Ptn Turbines < 1MWt and > = 250 kWt Ptn turbines < 250KWt, or Ptn internal combustion engines < 1 MWt used to drive compressors COMBUSTION IN B 01 05 06 02 NON-INDUSTRIAL COMMERCIAL AND INSTITUTIONAL SECTORS Ptn boilers >= 300 MWt aea, Ptn < 300 MWt and >= 50 MWt aea, of Ptn < 50 MWt and >20 MWt Ptn C 01 05 06 03 boilers <= 20 MWt and >= 1 MWt Ptn boilers < 1MWt Ptn gas turbines >= 50 MWt aea, of Ptn < 50 MWt and > 20 MWt Ptn gas turbines <= 20 MWt and >= 1 MWt Ptn gas C 01 05 06 04 turbines < 1 MWt Ptn internal combustion engines > 20 MWt aea, of Ptn < =20 MWt and > 5 MWt aea, of Ptn <= 5 MWt and >= 1 MWt aea, of Ptn < 1 MWt Other combustion – 01 05 06 05 equipment not previously specified of Ptn >= 1 MWt Other combustion equipment not previously specified of Ptn < 1 MW RESIDENTIAL 02 02 01 A 02 01 01 00 A 02 01 02 00 B 02 01 03 01 C 02 01 03 02 _ 02 01 03 03 A 02 01 04 01 B 02 01 04 02 C 02 01 04 03 – 02 01 04 04 A 02 01 05 01 B 02 01 05 02 C 02 01 05 03 – 02 01 05 04 C 02 01 06 01 – 02 01 06 02 02 02 Ptn boilers >= 50 MWt aea, Ptn < A 02 02 01 00 50 MWt and >20 MWt Ptn boilers <= 20 B 02 02 02 01 MWt and >= 1 MWt Ptn boilers < 1 MWt Ptn gas C 02 02 02 02 turbines >= 50 MWt aea, Ptn < 50 MWt and > 20 _ 02 02 02 03 MWt Ptn gas turbines <= 20 MWt and >= 1 MWt A 02 02 03 01 Ptn gas turbines < 1 MWt Ptn internal combustion B 02 02 03 02 engines > 20 MWt aea, Ptn < =20 MWt and > 5 MWt aea , C 02 02 03 03 of Ptn <= 5 MWt and >= 1 MWt aea, of Ptn < 1 MWt Other – 02 02 03 04 combustion equipment not previously specified of Ptn >= 1 A 02 02 04 01 MWt Other combustion equipment not previously specified B 02 02 04 02 of Ptn < 1 MWt AGRICULTURAL SECTOR C 02 02 04 03 (AGRICULTURAL, LIVESTOCK, . FORESTRY AND – 02 02 04 04 AQUACULTURE) C 02 02 05 01 – 02 02 05 02 02 03 Boilers of Ptn >= 50 MWt aea, of A 02 03 01 00 Ptn < 50 MWt and > 20 MWt Boilers of Ptn B 02 03 02 01 <= 20 MWt and >=5 MWt (1) aea, of Ptn < 5 MWt B 02 03 02 02 and >=1 MWt aea, of Ptn < 1 MWt and >= 500 kWt C 02 03 02 03 (1) aea, of Ptn < 500 kWt Gas turbines of Ptn >= 50 C 02 03 02 04 MWt aea, of Ptn < 50 MWt and > 20 MWt Gas _ 02 03 02 05 turbines of Ptn <= 20 MWt and >= 5 MWt aea, of A 02 03 03 01 Ptn < 5 MWt and >=1 MWt aea, of Ptn < 1 MWt and B 02 03 03 02 >= 500 KWt aea, of Ptn < 500 kWt Internal combustion B 02 03 03 03 engines of Ptn > 20 MWt aea, of Ptn < =20 MWt and > 5 C 02 03 03 04 MWt aea, from Ptn <= 5 MWt and >= 1 MWt aea, from Ptn C 02 03 03 05 < 1 MWt Other combustion equipment not previously _ 02 03 03 06 specified from Ptn >= 500 kWt aea, from Ptn < 500 kWt A 02 03 04 01 INDUSTRIAL PROCESSES WITH COMBUSTION B 02 03 04 02 BOILERS, TURBINES OF GAS, MOTORS AND OTHERS C 02 03 04 03 Boilers of Ptn >= 300 MWt aea, of Ptn < 300 MWt and >= - 02 03 04 04 50 MWt aea, of Ptn < 50 MWt and > 20 MWt Boilers of Ptn <= 20 MWt and >= 5 MWt (1 ) aea, C 02 03 05 01 from Ptn < 5 MWt and >=1 MWt aea, from Ptn < 1 MWt and >= 250 KWt(1) aea, from Ptn < 250 – 02 03 05 02 kWt Gas turbines from Ptn >= 50 MWt aea, from Ptn < 50 MWt and > 20 MWt Ptn gas turbines <= 03 20 MWt and >= 5 MWt 03 01 A 03 01 01 00 A 03 01 02 00 B 03 01 03 01 B 03 01 03 02 C 03 01 03 03 C 03 01 03 04 – 03 01 03 05 A 03 01 04 01 B 03 01 04 02 B 03 01 04 03 Page 39 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION EXERCISE GROUP CODE aea, of Ptn < 5 MWt and >=1 MWt aea, C 03 01 04 04 of Ptn < 1 MWt and >= 250 kWt aea, of Ptn C 03 01 04 05 < 250 kWt Internal combustion engines of – 03 01 04 06 Ptn > 20 MWt aea, of Ptn < =20 MWt and > 5 MWt aea, A 03 01 05 01 of Ptn <= 5 MWt and >= 1 MWt aea, of Ptn < 1 MWt Other B 03 01 05 02 combustion equipment not specified above of Ptn >= 50 C 03 01 05 03 MWt Other combustion equipment not specified above of – 03 01 05 04 Ptn < 50 MWt and >= 5 MWt(1) aea, of Ptn < 5 MWt and >= 1 MWt aea, of Ptn < 1 MWt and A 03 01 06 01 >= 250 kWt (1) aea, of Ptn < 250 kWt NON-CONTACT PROCESS FURNACES Blast Furnace Stoves Blast B 03 01 06 02 Furnaces gypsum (cp > 50 t/day) aea, de (cp <= 50 t/day) C 03 01 06 03 C 03 01 06 04 – 03 01 06 05 03 02 A 03 02 03 00 A 03 02 04 01 B 03 02 04 02 Non-contact furnaces in aluminum production Non- A 03 02 05 01 contact furnaces in galvanizing in integral steel industry Combustion A 03 02 05 03 equipment without direct contact in the food industry in cooking, sterilization, or similar operations of Ptn => 2.3 MWt aea, of Ptn <= 2, 3 MWt and >= 70 kWt (1) B 03 02 05 06 C(2) 03 02 05 07 Other non-contact furnaces not specified in other sections with Ptn > 2.3 MWt aea, of Ptn <= B 03 02 05 09 2.3 MWt and >70 kWt CONTACT PROCESSES Sintering or pelletizing plants Steel reheating C(2) 03 02 05 10 furnaces for hot rolling with cp > 20 t/hour aea, of cp <= 20 t/hour Iron reheating furnaces for 03 03 hot rolling with cp > 20 t/hour aea, of cp <= 20 t/hour Thermal or thermochemical treatments of A 03 03 01 00 steel, such as annealing, quenching, tempering, carburizing, austenitizing, recrystallizing or the B 03 03 02 01 like not specified in headings 03 03 02 01 and 03 03 02 02, with Ptn >= 2.3 MWt aea, with Ptn < C 03 03 02 02 2.3 MWt Thermal or thermochemical treatments of iron, such as annealing, quenching, tempering, B 03 03 02 03 carburizing, austenitizing, recrystallizing or the like not specified in sections 03 03 02 01 and 03 C 03 03 02 04 03 02 02, with Ptn >= 2.3 MWt aea, with Ptn < 2.3 MWt Cast steel with melting capacity > 2.5 t/hour aea, with <= 2.5 t/hour Casting of ferrous metals with capacity of f ussion > 20 t/day B 03 03 26 01 aea, with <= 20 t/day Treatment (thermal regeneration) of foundry sands or other similar materials coming from the foundry facilities Forging with hammers when the thermal power used is > 20 MWt Forging with hammers when the thermal power used is <= 20 MWt Production of primary lead Production of primary zinc Production of primary copper Primary production C 03 03 26 02 of other metals not specified in other sections, such as chromium, cadmium, antimony, manganese, tin, mercury or others Production of secondary lead with melting capacity > 4 t/day B 03 03 26 03 aea, with melting capacity <= 4 t/day Lead remelting (from ingots or similar) C 03 03 26 04 A 03 03 03 01 B 03 03 03 02 A 03 03 03 04 B 03 03 03 05 B 03 03 03 07 A 03 03 26 05 B 03 03 26 06 A 03 03 04 00 A 03 03 05 00 A 03 03 06 00 A 03 03 26 08 A 03 03 07 01 B 03 03 07 02 B 03 03 07 03 Production of secondary zinc with a melting capacity > 20 t/day aea, with a A 03 03 08 01 melting capacity <= 20 t/day Zinc remelting (from ingots or similar) B 03 03 08 02 B 03 03 08 03 Secondary copper production with melting capacity > 20 t/day aea, with A 03 03 09 01 melting capacity <= 20 t/day Copper remelting (from ingots or similar) B 03 03 09 02 B 03 03 09 03 Production of secondary aluminum with melting capacity > 20 t/day AEA, with A 03 03 10 01 melting capacity <= 20 t/day Aluminum or zamak remelting (from ingots or similar) B 03 03 10 02 B 03 03 10 03 Secondary production of other metals not specified in other headings, such as chromium, cadmium, antimony, manganese, tin, mercury or others (melting capacity > 4 t/day) aea, A 03 03 26 10 (melting capacity <= 4 t/day) B 03 03 26 11 Recasting of other metals not specified in other headings, such as chrome, cadmium, antimony, manganese, tin, mercury or others (from ingots or the like) B 03 03 26 14 Alumina production A 03 03 22 00 Magnesium production (dolomite treatment) A 03 03 23 00 Nickel production (thermal process) A 03 03 24 00 Clinker kiln for cement manufacturing Lime kiln (for A 03 03 11 00 lime production or production or use in any sector such as iron, steel, paper pulp or others) with cp > 50 t/day AEA with cp <= 50 t/day Production of bituminous A 03 03 12 01 mixtures or asphalt conglomerates Production of flat glass (equipment with melting capacity > 20 t/day) aea, (equipment with melting capacity <= 20 t/day) B 03 03 12 02 B 03 03 13 00 A 03 03 14 01 B 03 03 14 02 Hollow glass production (equipment with melting capacity > 20 t/day) aea, A 03 03 15 01 (equipment with melting capacity <= 20 t/day) B 03 03 15 02 Glass wool production (equipment with melting capacity > 20 t/day) aea, (equipment A 03 03 16 01 with melting capacity <= 20 t/day) B 03 03 16 02 Production of other glasses not specified in other sections with equipment with melting capacity > 20 t/day SAE, (equipment with A 03 03 17 01 melting capacity <= 20 t/day) B 03 03 17 02 Manufacture of frits A 03 03 17 03 Production of rock wool, fibers or other mineral materials not specified in other sections (equipment with melting capacity => 20 t/day) A 03 03 18 01 Page 40 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION EXERCISE GROUP CODE aea, (equipment with fusion capacity < 20 t/day) B 03 03 18 02 Production of bricks, tiles or other assimilable construction materials not specified in other headings with cp => 75 t/day aea, with cp < 75 t/day and => 25 t/day or A 03 03 19 01 => 10 t/day in the case of using ovens that use solid or liquid fuels Production of bricks, tiles or other similar construction materials not specified in other headings, B 03 03 19 02 regardless of the type of fuel used Production of fine ceramic materials, tiles, porcelain, earthenware, sanitary ceramics or similar Production of artistic ceramics or pottery in kilns that use solid C 03 03 19 03 or liquid fuels, with cp => 100 t/year aea, in kilns that use gaseous fuels, with cp => 100 t/year Production of artistic ceramics or pottery in kilns with Regardless of the type of fuel used with cp < 100 t/year Drying processes in the paper industry Production of pigments or ceramic colors Production of enamels Direct contact furnaces for calcinac ion in the manufacture of magnesite B 03 03 20 02 Atomizers (ceramic industry or similar) of Ptn >= 1 MWt aea, of Ptn < 1 MWt Direct contact combustion equipment in the food industry in dryers or smoking facilities, sterilization, or similar B 03 03 20 06 operations of Ptn => 20 MWt aea, of Ptn => 2.3 MWt and < 20 MWt aea, of Ptn < 2.3 MWt Drying, granulating or similar equipment or heat application by direct contact with combustion gases, C 03 03 20 07 not specified in other headings, of nominal thermal power => 20 MWt aea, of Ptn => 2.3 MWt and < 20 MWt aea, of Ptn => 70 kWt and < 2.3 MWt aea, of Ptn < 70 kWt INDUSTRIAL – 03 03 20 08 PROCESSES WITHOUT COMBUSTION PETROLEUM REFINING Processing of petroleum products: emissions from channeled sources (continuous or discontinuous) derived from ejectors, C 03 03 21 00 scrubbers, strippers or other similar equipment not included under other headings 04 01 Fluid catalytic cracking-CO furnace Sulfur recovery plants Storage of petroleum products oil products A 03 03 25 01 in refineries Handling of petroleum products in refineries. Fugitive emissions derived from devices such as valves, pumps, instrumentation, flanges, seals or similar elements Handling of B 03 03 25 02 pulverulent materials in refineries such as petroleum coke or sulfur IRON AND STEEL INDUSTRY AND IN COKING KINES Opening (loading/unloading ) or extinction of coke ovens Loading A 03 03 26 20 of blast furnaces Casting of pig iron Treatment of steel slag Treatment of coke or blast furnace gas Production of solid semi-coke Hearth furnaces of steelworks Basic oxygen furnaces of A 03 03 26 22 steelworks (converters) B 03 03 26 23 B 03 03 26 31 C(2) 03 03 26 32 - (2) 03 03 26 33 A 03 03 26 34 B(2) 03 03 26 35 C(2) 03 03 26 36 - (2) 03 03 26 37 04 04 01 B 04 01 01 00 A 04 01 02 00 A 04 01 03 00 B 04 01 04 01 B 04 01 04 02 B 04 01 05 00 04 02 A 04 02 01 00 A 04 02 02 00 A 04 02 03 00 A 04 02 10 01 A 04 02 10 02 A 04 02 04 00 A 04 02 05 00 A 04 02 06 00 Refining units (adjustment of steel properties) in steel mills Electric furnaces B 04 02 10 03 of steel mills (cp > 2.5 t/hour) aea, (cp <= 2.5 t/hour) A 04 02 07 01 B 04 02 07 02 Electric furnaces (including induction furnaces) in iron foundries (melting capacity >= 5 t/day) aea,(melting capacity < 5 t/day) B 04 02 07 03 C 04 02 07 04 Chemical or electrolytic treatments of steel that involve the use or intervention of auxiliary substances (not specified in headings 06 02) such as chemical pickling, passivation, electropolishing, B 04 02 10 05 phosphating or similar procedures Galvanization (continuous processes) B 04 03 07 08 Galvanization (non-continuous processes: batches, baskets, etc.) B 04 03 07 11 Electrocoating (continuous processes) B 04 03 08 08 Electrocoating (non-continuous processes: batches, baskets, etc.) B 04 03 08 11 Physical or mechanical treatments of iron or steel (superficial or not) characterized by mechanical action on the metal such as scaling, shot blasting, abrasive blasting, grinding, polishing, physical or mechanical pickling, cold rolling, extrusion, drawing, machining, as well as other similar operations in industrial workshops for boiler making, flame cutting or welding of iron or steel parts. C 04 02 08 03 Sintering or pelletizing plants (activities not covered by 03 03 01 00, decarbonation) – 04 02 09 00 Storage or operations for handling, mixing, separating, classifying, transporting or reducing the size of pulverulent solid materials in the iron and steel industry, coke ovens, industrial facilities, ports or B(2) 04 02 10 50 logistics centers, with a capacity to handle these materials >= 500 t/day aea, with a handling capacity of these materials >= 100 t/ day and < 500 t/day aea, with a handling capacity of these materials < 100 t/day NON-FERROUS METAL INDUSTRY Other processes different from 03 02 05 01, 03 03 10 01 and 03 03 10 02 in aluminum production such as electrolysis Processes other than 03 03 04 C(2) 04 02 10 51 00 in primary lead production Processes other than 03 03 05 00 in primary zinc production Other different processes to 03 03 06 00 in the production of primary copper Other processes different from - (2) 04 02 10 52 03 03 07 00 in the production of secondary lead, including remelting from ingots or similar Other different processes 03 03 08 00 in the production of secondary zinc, including remelting from ingots or 04 03 similar Other processes different from 03 03 09 00 in the production of secondary copper, including remelting from ingots or similar (melting capacity >= 5 t/day) aea, (melting capacity < 5 t/day) A 04 03 01 00 B 04 03 10 01 B 04 03 10 02 B 04 03 10 03 B 04 03 10 04 B 04 03 10 05 B 04 03 10 06 C 04 03 10 07 Other processes different from 03 03 26 10, 03 03 26 11 and 03 03 26 14 in the production of non-ferrous metals, including remelting from ingots or similar (melting capacity >= 5 t/day) aea, B 04 03 10 08 (capacity of fusion < 5 t/day) C 04 03 10 09 Injection molding machines for casting aluminum or C 04 03 10 10 zamak Ferroalloys with furnace capacity > 20 t/day aea, A 04 03 02 01 capacity <= 20 t/day Silicon production. Metallurgical grade B 04 03 02 02 Silicon production. Solar-Polysilicon Grade from Metallurgical A 04 03 03 01 Silicon C 04 03 03 02 Page 41 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION EXERCISE GROUP CODE Magnesium production (except 03 03 23 00) A 04 03 04 00 Nickel production (except thermal process on 03 03 24 00) B 04 03 05 00 Production of non-ferrous alloys with a furnace with a capacity > 20 t/day (4 t/day in the case of alloys with lead or cadmium) A 04 03 06 01 Production of non-ferrous alloys with capacity <= 20 t/day (4 t/day in the case of alloys with lead or cadmium) B 04 03 06 02 Galvanization (continuous processes) B 04 03 07 02 Galvanization (non-continuous processes: batches, baskets, etc.) B 04 03 07 05 Electrocoating (continuous processes) B 04 03 08 02 Electrocoating (non-continuous processes: batches, baskets, etc.) B 04 03 08 05 Chemical or electrolytic treatments of non-ferrous metals that involve the use or intervention of auxiliary substances (not specified in sections 04 03 07, 04 03 08 and 06 02) such as B 04 03 09 01 chemical pickling, passivation, phosphating or similar procedures Physical or non-ferrous metal cold mechanics (superficial or not) characterized by mechanical action on the metal such as shot blasting, abrasive blasting, polishing, cold rolling, extrusion, wire drawing, as well as other similar operations in industrial workshops for boilermaking, flame cutting or welding of non- ferrous metal parts C 04 03 09 02 Physical or mechanical hot treatments of non-ferrous metals such as hot forging, stamping or extrusion Storage or operations for handling, mixing, B 04 03 09 03 separating, classifying, transporting or reducing the size of powdery solid materials in the non-ferrous metals industry , in industrial facilities, ports or logistics centers, with a handling B(2) 04 03 09 50 capacity of these materials >= 500 t/day AEA, with a handling capacity of these materials >= 100 t/day and < 500 t/day AEA, with a handling capacity of these materials < 100 t/day INORGANIC CHEMICAL INDUSTRY Production of sulfuric acid or sulfur oxides Production of nitric acid Production of ammonia. Primary reformer Ammonia production. CO2 venting C(2) 04 03 09 51 - (2) 04 03 09 52 Production of ammonium sulfate Production of ammonium nitrate Production of ammonium phosphate Production of NPK fertilizers Production of urea Production of carbon black Production of titanium dioxide Production of graphite or graphite electrodes Production of calcium carbide Production of chlorine-HCl. Production of soda or potash Production of phosphate 04 04 fertilizers. phosphoric acid or superphosphates. A 04 04 01 00 A 04 04 02 00 B 04 04 03 01 C 04 04 03 02 A 04 04 04 00 A 04 04 05 00 A 04 04 06 00 A 04 04 07 00 A 04 04 08 00 A 04 04 09 00 A 04 04 10 00 A 04 04 11 00 C 04 04 12 00 A 04 04 13 00 A 04 04 14 01 Emissions of pollutants through the cooling towers of the phosphoric acid manufacturing process Production of fluorine, other C 04 04 14 02 halogens not specified in other headings or derivatives Production of metal salts such as ferric chloride or aluminum sulfate A 04 04 16 01 Production of hydrates/hydroxides or metal oxides N2O production Production, formulation, mixing, reformulation, packaging or B 04 04 16 02 similar processes of liquid or gaseous inorganic chemical products not specified above with a capacity >= 10,000 t/yr aea, not B 04 04 16 03 specified above with a capacity >= 1,000 t/yr and < 10,000 t/yr aea, not specified above with a capacity >= 100 t/yr and < 1,000 t/ C 04 04 16 04 yr aea, not specified above with a capacity < 100 t/yr Storage of liquid or gaseous inorganic chemicals with a capacity >= 100 m3 aea, with a capacity < 100 m3 Storage or A 04 04 16 05 handling, mixing, separation, classification, transport or size reduction operations Year of solid inorganic chemical products in bulk in industrial facilities, ports or logistics centers, with a handling capacity of these materials >= 500 t/day aea, with a handling capacity of these materials >= 100 t/ day and < 500 t/ day aea, with handling capacity of these B(2) 04 04 16 06 materials < 100 t/day ORGANIC CHEMICAL INDUSTRY Production of ethylene Production of propylene Production of 1,2 dichloroethane (except 04 05 05 00) C(2) 04 04 16 07 - (2) 04 04 16 08 C(2) 04 04 15 01 – 04 04 15 02 B(2) 04 04 16 50 C(2) 04 04 16 51 - (2) 04 04 16 52 04 05 A 04 05 01 00 A 04 05 02 00 A 04 05 03 00 Production of vinyl chloride (except 04 05 05 00) A 04 05 04 00 Production of 1,2 dichloroethane+Vinyl chloride (balanced process) A 04 05 05 00 Production of low density polyethylene Production B 04 05 06 00 of high density polyethylene Production of B 04 05 07 00 polyvinyl chloride (PVC) or copolymers Production of B 04 05 08 00 polypropylene Production of styrene Production of polystyrene B 04 05 09 00 Production of styrene-butadiene Production of styrene-butadiene A 04 05 10 00 latex Production of styrene-butadiene rubber (SBR-PB) B 04 05 11 00 A 04 05 12 00 B 04 05 13 00 B 04 05 14 00 Production of acrylonitrile-butadiene-styrene resins (ABS or SAN) B 04 05 15 00 Production of urea or melamine resins Production B 04 05 27 01 of viscose or other synthetic or cellulosic-based fibers Production of nylon, A 04 05 27 02 caprolactam or other intermediate products in textile manufacturing Production of ethylene oxide B 04 05 27 03 Production of formaldehyde Production of ethylbenzene Production of phthalic anhydride/acid A 04 05 16 00 Production of polyethylene terephthalate (PET) B 04 05 17 00 A 04 05 18 00 A 04 05 19 00 A 04 05 27 04 Production of acrylonitrile A 04 05 20 00 Production of adipic acid (including storage or handling of products) C 04 05 21 00 Production of maleic, fumaric or acetic acid/anhydride Production B 04 05 27 05 of glyoxylic acid Production of pesticides, phytosanitary products B 04 05 23 00 or biocides (active substances) A 04 05 25 01 Page 42 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION EXERCISE GROUP CODE Production of pesticides, phytosanitary products or biocides (formulations) B 04 05 25 02 Unintentional production or generation of persistent organic compounds not considered within 04 05 25 in the manufacture or production of other chemical compounds Production, formulation, A 04 05 26 00 mixing, reformulation, packaging or similar processes of liquid or gaseous organic chemical products not previously specified with capacity > = 10,000 t/yr aea, not specified above with capacity >= 1,000 t/yr and < 10,000 t/rr aea, not specified above with capacity >= 100 t/rr and < 1,000 t/rr aea, not specified above with capacity < 100 t/year Storage of liquid or gaseous organic chemical A 04 05 22 05 products with a capacity >= 100 m3 aea, with a capacity < 100 m3 Fugitive emissions derived from the handling of products or raw materials in organic chemistry industries in devices such as valves, pumps, instrumentation, flanges, seals or similar elements Storage or operations of handling, mixing, separation, classification , transport or size reduction of solid organic chemical B(2) 04 05 22 06 products in bulk in industrial facilities, ports or logistics centers, with a handling capacity of these materials >= 500 t/day aea, with a handling capacity of these materials >= 100 t/ day and < 500 t/ C(2) 04 05 22 07 - (2) 04 05 22 08 day aea, with handling capacity of these materials < 100 t/ day NON-ENERGY MINING AND PROCESSES IN VARIOUS INDUSTRIES PAPER, CARDBOARD AND PULP INDUSTRY C(2) 04 05 22 03 – 04 05 22 04 C 04 05 27 12 B(2) 04 05 27 50 C(2) 04 05 27 51 - (2) 04 05 27 52 04 06 Cardboard production (cp > 20 t/day) aea, A 04 06 01 01 (cp <= 20 t/day) B 04 06 01 02 Production of Kraft paper pulp (cp > 20 t/day), (excluding lime manufacture) aea, (cp <= 20 t/day), A 04 06 02 01 (excluding lime manufacture) B 04 06 02 02 Production of paper pulp or cellulose. Bisulfite process (cp > 20 t/day), (excluding lime manufacturing) aea, (cp <= 20 t/day), A 04 06 03 01 (excluding lime manufacturing) B 04 06 03 02 Paper pulp production. Neutral sulphite semi-chemical process (cp > 20 t/day), (excluding lime manufacturing) aea, (cp <= 20 t/day), A 04 06 04 01 (excluding lime manufacturing) B 04 06 04 02 WOOD PROCESSING INDUSTRY Production of chipboard Sawing or cutting B 04 06 17 01 of wood or cork FOOD INDUSTRY C 04 06 17 02 Bread ovens, various doughs or biscuits with cp >= 10,000 t/year Bread ovens, B 04 06 05 01 various doughs or biscuits with cp < 10,000 t/year Manufacture of feed or flour of – 04 06 05 03 animal origin Manufacture of feed or flour of vegetable origin Sugar factories A 04 06 05 04 B 04 06 05 08 B 04 06 05 11 Production of powdered milk B 04 06 05 14 Roasting or roasting coffee or similar Obtaining oils, C(2) 04 06 05 16 fats or derivatives of vegetable origin Obtaining oils, fats or derivatives of C(2) 04 06 05 18 animal origin Slaughterhouses with a capacity >= 1,000 t/year. Processing B 04 06 05 20 of products of animal origin with a capacity >= 4,000 t/year Slaughterhouses with a capacity < 1,000 t/year. Processing of products of animal B 04 06 17 03 origin with a capacity < 4,000 t/year Production, grinding, mixing or handling of powdery food products in bulk not specified in other headings – 04 06 17 04 for human or animal consumption with cp >= 3,000 t/year aea, with cp < 3,000 t/year and >= 400 t/year aea, with cp < 400 t/year ALCOHOLIC BEVERAGES INDUSTRY B(2) 04 06 17 05 C(2) 04 06 17 06 - (2) 04 06 17 07 Wine production (cp > 50,000 l/year) aea, (cp <= C 04 06 06 01 50,000 l/year) – 04 06 06 02 Production of beers or malts (cp of beers or malts > 300 t/day (as a quarterly average value) aea, (cp of beers or malts <= B 04 06 07 01 300 t/day and >10 t/day (as a quarterly average value) aea, (cp of beers or malts <10 t/day (as a quarterly average value) C 04 06 07 02 – 04 06 07 03 Liquor production (absolute alcohol cp > 500 l/day) aea, (absolute B 04 06 08 01 alcohol cp > =100 l/day and <= 500 l/day) aea, (absolute alcohol cp < C 04 06 08 02 100 l/day) – 04 06 08 03 PRODUCTION OF BIOFUELS Production of bioethanol or other fermentation products of organic origin Biodiesel production B 04 06 17 08 INDUSTRY AND USE OF MINERAL MATERIALS B 04 06 17 09 Production of elements for waterproofing roofs with asphalt materials Road paving with asphalt agglomerates C 04 06 10 00 Cement (decarbonation) – 04 06 11 00 – 04 06 12 01 Cement. Emissions from the clinker cooler Grinding in cement or A 04 06 12 02 clinker production facilities (crude oil mills, coal mills or clinker mills) with cp > 200 t/day AEA, with cp <= 200 t/day Manufacture of prefabricated cement , fiber cement, soil-cement or A 04 06 12 03 similar Concrete plants Glass (decarbonation) B 04 06 12 04 C(2) 04 06 12 05 B 04 06 12 06 – 04 06 13 00 Lime (decarbonation) (including the iron, steel or pulp industries – non-biogenic carbonates-) – 04 06 14 00 Bricks or tiles (decarbonation) – 04 06 17 10 Ceramic sector (decarbonation) – 04 06 17 11 OTHER MISCELLANEOUS INDUSTRY Production of batteries or accumulators B 04 06 15 00 Manufacture of thin-film photovoltaic panels Wave soldering C 04 06 17 12 or other types of industrial soldering not specified in other headings Production of plastics by extrusion, – 04 06 17 13 lamination or similar operations (other than 06 03 15) C 04 06 17 14 Production of explosives Use B 04 06 17 15 of limestone or dolomite (decarbonation) C 04 06 18 00 Production or use of sodium carbonate/bicarbonate (other than 03 03 12) C 04 06 19 00 Page 43 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION EXERCISE GROUP CODE Storage or handling, mixing, separation, classification, transport or size reduction operations of powdery materials in the wood processing industry, paper pulp, food, beverages, mineral industry or other diverse activities not specified in other headings in industrial facilities, ports or logistics centers, with a handling capacity of these materials >= 1,000 t/day B(2) 04 06 17 50 aea, with a handling capacity of these materials >= 200 t/day and < 1,000 t/day aea, with a handling C(2) 04 06 17 51 capacity of these materials < 200 t/day Non-solvent-based paint or coating applications in industry with - (2) 04 06 17 52 cp > = 100 m2/hour aea, with cp >= 20 m2/hour and < 100 m2/hour aea, with cp < 20 m2/hour NON-ENERGY MINING AND B 04 06 17 16 PRODUCT LOGISTICS C 04 06 17 17 – 04 06 17 18 Primary non-energy mining activities that involve the extraction or treatment of mineral products when the capacity is > 200,000 t/year or for any capacity when the facility is located less than B 04 06 16 01 500 m from an AEA population center, when the capacity is < = 200,000 t/year as long as the facility is not less than 500 m from a population center Logistical activities or distribution of mining products such as storage, handling or transport of these non-energy powdery mining products, including those carried out in ports or logistics centers for raw materials or products, with handling C 04 06 16 02 capacity for these materials >= 1,000 t/day B(2) 04 06 16 50 aea, with a handling capacity of these materials >= 200 t/day and < 1,000 t/day aea, with a handling C(2) 04 06 16 51 capacity of these materials < 200 t/day Industrial processes without combustion-HALOCARBONS - (2) 04 06 16 52 AND SULFUR HEXAFLUORIDE Production of hydrocarbon by-products halogenated 04 08 In those activities in which fluorinated gases are generated as by-products, all necessary measures will be taken to limit the emissions of these gases. A 04 08 01 00 As of June 11, 2015, HFC-23 emissions are prohibited as a by-product that must be recovered or destroyed in accordance with the best available technologies, regardless of the destination where the fluorinated gases produced are sold. Production of halogenated hydrocarbons and fugitive emissions from their production In general, the venting and direct emission into the atmosphere of any fluid with a GWP greater than 150 or PAO greater than 0.001 is prohibited, and dilutions to lower said value are not allowed. A 04 08 02 00 Automatic leak control systems must be available and periodic complementary leak checks must be carried out, and any leak detected must be repaired as soon as possible. Handling, storage or use in processes not specified in other headings of halogenated hydrocarbons Producers of fluorinated compounds will take all necessary measures to limit emissions of fluorinated greenhouse gases generated as a by-product. Automatic leak control systems must be available and periodic checks of complementary leaks must be carried out in the fluorinated gas transfer and storage systems, and any leak detected must A 04 08 03 00 be repaired as soon as possible. In the processes of filling and transferring containers of said gases, systems will be used that minimize emissions, and the remaining fluids must be recovered in any container that is going to be withdrawn or that is not going to be filled with the same type of fluid, so that it does not remain more than 0.5% by weight of the maximum content of the container for the fluid in question. Production of sulfur hexafluoride by-products By- products such as SF4, SF2, S2F2, S2F10, formed in the SF6 production process, as well as the SF6 itself contained in residual fluids that are going to be emitted into the atmosphere, must A 04 08 04 00 be recovered or destroyed from the residual fluid stream before of its issuance. Sulfur hexafluoride production and fugitive emissions from its production A 04 08 05 00 The requirements established for 04 08 02 00 will apply. Handling, storage or use in processes not specified in other headings of sulfur hexafluoride A 04 08 06 00 The requirements established for 04 08 03 00 will apply. EXTRACTION AND DISTRIBUTION OF FOSSIL FUELS AND GEOTHERMAL ENERGY EXTRACTION AND 05 FIRST TREATMENT OF SOLID FOSSIL FUELS Open pit mining Underground mining 05 01 B 05 01 01 00 B 05 01 02 00 Storage or handling, mixing, separation, classification, transport or size reduction operations of powdery solid materials in coal or coke parks, in industrial facilities, ports or logistics centers B 05 01 03 00 EXTRACTION, FIRST TREATMENT AND LOADING OF LIQUID FOSSIL FUELS 05 02 ground facilities B 05 02 01 00 marine facilities B 05 02 02 00 EXTRACTION, FIRST TREATMENT AND LOADING OF GASEOUS FOSSIL FUELS 05 03 Desulfurization in onshore facilities (gas conditioning) A 05 03 01 00 Activities at onshore facilities (other than desulfurization) B 05 03 02 00 Activities in marine facilities B 05 03 03 00 DISTRIBUTION OF LIQUID FUELS (EXCEPT GASOLINE DISTRIBUTION) 05 04 Maritime terminals (handling or storage) B 05 04 01 00 Other handling or storage (including transportation by pipeline). Logistics depots Refinery supply station Service B 05 04 02 01 stations (including vehicle refueling and station supply) B 05 04 02 02 – 05 04 02 03 GASOLINE DISTRIBUTION Refinery 05 05 supply station Transportation or storage in B 05 05 01 00 logistics warehouses Marine terminals (handling or storage) B 05 05 02 01 B 05 05 02 02 Service stations (including vehicle refueling and supply to the station) – 05 05 03 00 GAS DISTRIBUTION NETWORKS Facilities 05 06 associated with the storage or conduction of gas (including regasification, compression or liquefaction facilities) C 05 06 01 01 Gas pipelines (primary or secondary transportation network) C 05 06 01 02 Distribution networks C 05 06 03 00 GEOTHERMAL ENERGY EXTRACTION USE OF – 05 07 SOLVENTS AND OTHER PRODUCTS APPLICATION OF 06 PAINTS AND COATINGS Coating of vehicles, with ccd > 200 06 01 t/year or 150 kg/hour aea, with ccd <= 200 t/year or 150 kg/ hour and > 0.5 t/year A 06 01 01 01 aea, with ccd <= 0.5 t/year Refinishing of vehicles with ccd > 200 t/year or 150 kg/ C 06 01 01 03 hour aea, with ccd <= 200 t/year or of 150 kg/hour and > 0.5 t/year – 06 01 01 04 A 06 01 02 01 – 06 01 02 03 Page 44 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION EXERCISE GROUP CODE aea, with ccd <= 0.5 t/year – 06 01 02 04 Construction and buildings (except 060107) – 06 01 03 00 Domestic use (except 060107) – 06 01 04 00 Coating of cables, coils or wires in coils with ccd > 200 t/year or 150 kg/hour aea, with ccd <= 200 t/year or 150 A 06 01 05 01 kg/hour and > 25 t/year in the case of coating cables or coils or > 5 t/year in the case of the coating of wires in coils Coating of cables or coils, with ccd <= 25 t/year or coating of wires in C 06 01 05 03 coils, with ccd <= 5 t/year Coatings in the construction or repair of large elements (such as ships, planes, railways or others) with ccd > 200 t/year or 150 kg/hour aea, with ccd <= 200 t/ year or 150 kg/hour and > 5 t/year aea, with ccd <= 5 t/year Wood coating, with ccd > 200 t/year or 150 kg/hour aea, with ccd <= 200 t/year or at 150 kg/hour and > 15 t/ year aea, with – 06 01 05 04 ccd <= 15 t/year Applications of paints or coatings in the industry not included in previous epigraphs with ccd > 200 t/year or 150 kg/hour aea, with ccd <= 200 t/year or at 150 kg /hour A 06 01 06 01 and > 5 t/year aea, with ccd <= 5 t/year Other non-industrial applications of paints or coatings DRY CLEANING, DEGREASING AND ELECTRONICS Cleaning of metal surfaces (including degreasing), with ccd > 200 t/year or 150 kg/hour aea, with ccd <= 200 t/year or 150 kg/hour and > 2 (3) t/year aea, with ccd <= 2 (3) t/year Dry cleaning Surface cleaning in C 06 01 06 03 electronic component production facilities with ccd > 200 t/year or 150 kg/hour aea, with ccd <= 200 t/year or at 150 kg/hour and > 2 (3) tons per year aea, with ccd <= 2 (3) tons per year – 06 01 06 04 Other industrial surface cleaning, with consumption of > 200 t/ year or 150 kg/hour aea, with ccd <= 200 t/year or at 150 kg/hour and > 2 (3) t/year aea, with ccd <= 2 (3) t/year A 06 01 07 01 PROCESSING AND MANUFACTURING OF PRODUCTS Treatment polyester industry. Production of fiberglass reinforced polyester elements Industrial treatment of polyvinyl chloride C 06 01 07 03 Industrial treatment of polyurethane Industrial treatment of polystyrene foam Treatment or conversion of rubber, with ccd > 200 t/year or 150 kg/hour aea, with ccd < = 200 t/year or at – 06 01 07 04 150 kg/hour and > 15 t/year aea, with ccd <= 15 t/year Production of pharmaceutical products, with ccd > 200 t/year or 150 kg/hour aea, with ccd <= 200 t/year or at 150 kg/hour and > A 06 01 08 01 50 t/year aea, with ccd <= 50 t/year Production of coatings or varnishes, with ccd > 200 t/year or 150 kg/hour aea, with ccd <= 200 t/year or at 150 kg/hour and > 100 t/year aea, with ccd C 06 01 08 03 <= 100 t/year Ink production, with ccd > 200 t/year or 150 kg/hour aea, with ccd <= 200 t /year or at 150 kg/hour and > 100 t/year aea, with ccd <= 100 t/year Production of tails, with ccd – 06 01 08 04 > 200 t/year or 150 kg/hour aea, with ccd <= 200 t/year or at 150 kg/hour and > 100 t/year aea, with ccd <= 100 t/year Asphalt blowing Production of adhesives, ma tapes films, or – 06 01 09 00 photographs, with ccd > 200 t/year or 150 kg/hour aea, with ccd <= 200 t/year or at 150 kg/hour and > 100 t/year aea, with ccd <= 100 t/year Textile finishing processes, with ccd > 200 t/ 06 02 year or 150 kg/hour aea, with ccd <= 200 t/year or 150 kg/hour and > 5 t/year aea, with ccd <= 5 t/year Tanning or leather covering, with ccd > 200 t/year or 150 kg/hour aea, with ccd <= A 06 02 01 01 200 t/year or at 150 kg/hour and > 10 t/year aea, with ccd <= 10 t/year Production of footwear, with ccd > 200 t/year or 150 kg/hour aea, with ccd <= 200 t/year or at 150 kg/hour and > 5 C 06 02 01 03 t/year aea, with ccd <= 5 t/year Lamination of wood or plastic, with ccd > 200 t/year or 150 kg/hour aea, with ccd <= 200 t/year or at 150 kg/hour and > 5 t/year aea, with ccd <= 5 t/year – 06 02 01 04 OTHER ACTIVITIES IN THOSE WHICH SOLVENTS ARE USED Glass wool lining Rock wool lining Printing presses: offset, publishing rotogravure, other rotogravure units, flexography, C 06 02 02 00 rotary screen printing, laminating or ccd varnishing > 200 t/year or 150 kg/hour aea, with ccd <= 200 t/year or at 150 kg/hour and > 15 t/year in the cases of offset printing, non-publication A 06 02 03 01 rotography, flexography, rotary screen printing , laminated or varnished, > 25 t/year for rotogravure of publications and > 30 t/year for rotary screen printing on textiles or AEA cardboard/ C 06 02 03 03 cardboard, with ccd <= 15 t/year in the cases of printing on offset, non-publication rotogravure flexography, rotary screen printing, laminating or varnishing, <= 25 t/year for publication – 06 02 03 04 rotogravure and <= 30 t/year for rotary screen printing on textiles or cardboard/cardboard Extraction of animal fats o Vegetable oils (edible or inedible) o Vegetable oil refining activities, A 06 02 04 01 with ccd > 200 t/year or 150 kg/ C 06 02 04 03 – 06 02 04 04 06 03 B 06 03 01 00 C 06 03 02 00 C 06 03 03 00 C 06 03 04 00 A 06 03 05 01 C 06 03 05 03 – 06 03 05 04 A 06 03 06 01 C 06 03 06 03 – 06 03 06 04 A 06 03 07 01 C 06 03 07 03 – 06 03 07 04 A 06 03 08 01 C 06 03 08 03 – 06 03 08 04 A 06 03 09 01 C 06 03 09 03 – 06 03 09 04 A 06 03 10 00 A 06 03 11 01 C 06 03 11 03 – 06 03 11 04 A 06 03 12 01 C 06 03 12 03 – 06 03 12 04 A 06 03 13 01 C 06 03 13 03 – 06 03 13 04 A 06 03 14 01 C 06 03 14 03 – 06 03 14 04 A 06 03 15 01 C 06 03 15 03 – 06 03 15 04 06 04 – 06 04 01 00 – 06 04 02 00 A 06 04 03 01 C 06 04 03 03 – 06 04 03 04 A 06 04 04 01 hour aea, with ccd <= 200 t/year or at 150 kg/hour and > 10 t/year aea, C 06 04 04 03 with ccd <= 10 t/year Application of glues or adhesives (coating – 06 04 04 04 with adhesives), with ccd > 200 t/year or 150kg/hour A 06 04 05 01 Page 45 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION EXERCISE GROUP CODE aea, with ccd <= 200 t/year or at 150 kg/hour and > 5 t/year aea, with ccd C 06 04 05 03 <= 5 t/year Wood preservation, wood fiber impregnation, with ccd > 200 t/ – 06 04 05 04 year or of 150 kg/hour aea, with ccd <= 200 t/year or at 150 kg/hour and > 25 t/year aea, with ccd <= 25 t/year Treatment of subsealing A 06 04 06 01 or conservation of vehicles, with ccd > 200 t/ year or 150 kg/hour aea, with ccd <= 200 t/year or at 150 kg/hour and > 0.5 t/year aea, with C 06 04 06 03 ccd <= 0.5 t/year Domestic use of solvents (except paint) – 06 04 06 04 A 06 04 07 01 C 06 04 07 03 – 06 04 07 04 – 06 04 08 00 Dewaxing of vehicles Domestic use – 06 04 09 00 of pharmaceutical products Other activities not – 06 04 11 00 contemplated in previous sections with ccd > 200 t/year or 150 kg/hour saea, with ccd <= 200 t/year or 150 kg/hour and > 5 t/year A 06 04 12 01 saea , with ccd <= 5 t/year USE OF CO2, N2O, HFCs, PFCs, SF6, NH3 AND OTHER HALOCARBONS OR FLUORINATED C 06 04 12 03 GASES, INCLUDING SUBSTANCES THAT DEPLETE THE OZONE LAYER Anesthesia – 06 04 12 04 06 05 – 06 05 01 00 Refrigeration or air conditioning equipment that uses halogenated hydrocarbons – 06 05 02 00 Refrigeration or air conditioning equipment using products other than halocarbons – 06 05 03 00 Plastic foaming (except 06 03 04 00) – 06 05 04 00 fire protection equipment – 06 05 05 00 Aerosol sprays – 06 05 06 00 Electrical equipment (except 06 02 03) – 06 05 07 00 Fumigation – 06 05 08 01 Other activities – 06 05 08 10 MEANS OF TRANSPORTATION BY ROAD 07 TOURISM – 07 01 Cars with compression ignition engines (pre-Euro V standard) – 07 01 00 01 Cars with compression ignition engines (Euro V standard and later) – 07 01 00 02 Cars with spark ignition engines (pre-Euro II standard) – 07 01 00 03 Passenger cars with spark ignition engines (Euro II standard and later) – 07 01 00 04 electric passenger cars – 07 01 00 06 LIGHT VEHICLES < 3.5 t – 07 02 HEAVY VEHICLES > 3.5 t AND BUSES – 07 03 MOTORCYCLES AND MOPEDS < 50 cm3 – 07 04 MOTOS > 50 cm3 – 07 05 EVAPORATION OF GASOLINE FROM VEHICLES – 07 06 WEAR OF TIRES AND BRAKES – 07 07 ROAD ABRASION – 07 08 RESUSPENSION OF POWDERED MATERIAL 07 09 Resuspension of dusty material on paved roads – 07 09 01 00 Resuspension of powdery material on unpaved roads – 07 09 02 00 OTHER MEANS OF TRANSPORTATION AND MOBILE MACHINERY 08 MILITARY – 08 01 RAILWAYS – 08 02 VESSELS AND TRAFFIC IN INLAND WATERS (INLAND) 08 03 Sailing boats with auxiliary engines – 08 03 01 00 motors – 08 03 02 00 passenger ships – 08 03 03 00 freight ships – 08 03 04 00 VESSELS AND MARITIME TRAFFIC 08 04 National maritime traffic National – 08 04 02 00 fishing fleet International maritime – 08 04 03 00 traffic (including international bunkers) – 08 04 04 00 AIR TRAFFIC Domestic 08 05 traffic at airports (AD cycles; height < 1,000 m) – 08 05 01 00 International traffic at airports (AD cycles; height < 1,000 m) – 08 05 02 00 National cruise traffic (altitude > 1,000 m) – 08 05 03 00 International cruise traffic (height > 1,000 m) – 08 05 04 00 AGRICULTURE 08 06 Engines Wear of – 08 06 01 00 brakes or tires Resuspension of powdery – 08 06 02 00 material on paved roads Resuspension of powdery material on unpaved roads – 08 06 03 00 FORESTRY Engines Wear of brakes or tires Resuspension of powdery material on paved – 08 06 04 00 roads Resuspension of powdery material on unpaved roads INDUSTRY Engines Wear of 08 07 brakes or tires Resuspension of powdery material on paved roads Resuspension of powdery – 08 07 01 00 material on unpaved roads HOME ACTIVITIES AND GARDENING Engines Brake or tire – 08 07 02 00 wear Resuspension of powdery material on paved roads Resuspension of powdery material – 08 07 03 00 on unpaved roads – 08 07 04 00 08 08 – 08 08 01 00 – 08 08 02 00 – 08 08 03 00 – 08 08 04 00 08 09 – 08 09 01 00 – 08 09 02 00 – 08 09 03 00 – 08 09 04 00 Page 46 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION EXERCISE GROUP CODE WASTE TREATMENT AND DISPOSAL WASTE 09 INCINERATION Incineration of urban waste (domestic 09 02 or commercial) to generate electricity for distribution through the public network AEA with energy recovery not included in the previous section AEA A 09 02 01 01 without energy recovery (including torches) A 09 02 01 02 A 09 02 01 03 Incineration of non-hazardous industrial waste to generate electricity for distribution by the public network AEA with energy recovery not A 09 02 02 01 included in the previous section AEA without energy recovery (except torches) A 09 02 02 02 A 09 02 02 03 Incineration of hazardous waste to generate electricity for distribution by the public network aea with energy recovery not included in the previous section aea without energy recovery (except torches) Efficiencies of 99.99% will be obtained in the elimination of waste containing fluids with a GWP greater than 150 or PAO greater than 0.001, understood to include the thermal treatment A 09 02 02 04 technologies of said gases, not allowing dilutions to lower said value. A 09 02 02 05 In cases of destruction of originally dilute sources or sources of fluorinated gases contained in a solid matrix (for example, foams), the destruction efficiency will be greater than 95%. A 09 02 02 06 In any case, these facilities, regardless of their capacity, must meet the requirements of the revised text of the Integrated Pollution Prevention and Control Law and Law 22/2011, of July 28, on waste and contaminated soil, and the Royal Decree 815/2013 of October 18, which approves the Regulation on industrial emissions and the development of the consolidated text of the Law on Integrated Pollution Prevention and Control. Flares at oil refineries Flares at other A 09 02 03 00 industrial facilities not specified in other headings 09 02 Flares at oil or gas extraction plants Flares B 09 02 04 00 at natural gas storage stations Flares at natural gas regasification plants Incineration of medical A 09 02 06 01 waste with energy recovery Incineration of medical waste without energy recovery Incineration of A 09 02 06 02 used oils with energy recovery Incineration of used oils without energy recovery Incineration of A 09 02 06 03 sludge from wastewater treatment LANDFILLS Landfills of inert waste Landfills of hazardous or non- A 09 02 07 01 hazardous industrial waste, biodegradable waste as well as landfills not included in the previous A 09 02 07 02 section Flares or combustion without energy recovery of biogas Combustion of biogas to generate A 09 02 08 01 electricity for distribution through the public network Combustion with energy recovery of biogas not A 09 02 08 02 included in the previous section Others. Emissions from leachate treatment in landfills OPEN SPACE A 09 02 05 00 BURNING OF AGROFORESTRY WASTE CREMATION 09 04 C 09 04 01 01 B 09 04 01 02 B 09 04 01 03 B 09 04 01 04 B 09 04 01 05 C 09 04 03 00 – 09 07 00 00 09 09 Incineration of human corpses or remains of exhumation Incineration B 09 09 01 00 of dead animals or meat waste including by-products of animal origin not intended for human consumption. Capacity plants >= 50 kg/hour AEA Capacity plants < 50 kg/hour OTHER B(2) 09 09 02 01 WASTE TREATMENTS Treatment of wastewater/effluents in industry. Plants with treatment capacity => 10,000 m3 per day. Forced evaporation treatments regardless of their aea capacity, Plants with treatment capacity < 10,000 m3 per day Waste water/effluent treatment in the residential or commercial sectors. Plants with treatment capacity => 100,000 equivalent C(2) 09 09 02 02 inhabitants aea, Plants with treatment capacity < 100,000 equivalent inhabitants Sludge treatment (except incineration) 09 10 B 09 10 01 01 C 09 10 01 02 B 09 10 02 01 C 09 10 02 02 B 09 10 03 00 Compost production plants Slurry drying B 09 10 05 01 Biogas production or biomethanization B 09 10 05 02 plants Production of liquid fuels from plastic waste Non- B 09 10 06 00 energy recovery of hazardous waste with a capacity > 10 t/day A 09 10 08 00 Non-energy recovery of hazardous waste with a capacity <= 10 t/day or non-hazardous waste with a capacity > 50 t/day The fluorinated gas waste treatment plants or equipment that contains them indicated in this section will exclusively treat the waste for which they are authorized, said waste will correspond to the corresponding LER codes 02.16.13* (Discarded equipment that contains dangerous components, other than those specified in codes 16 02 09 to 16 02 12) and 16.05.04* (Gases in pressure vessels (including halons) containing dangerous substances). The treatment of waste electrical and electronic equipment, pressurized containers or similar products that contain fluorinated gases, CFCs, HCFCs and HFCs, without prior recovery, is prohibited, in such a way as to achieve a recovery of 99% of the fluorinated gases from the refrigeration circuit and that the content of fluorinated gases in the compressor oil is less than 0.2% by weight. A 09 10 09 01 The treatment of waste from electrical and electronic equipment or similar waste that contains chlorofluorocarbons (CFC), hydrochlorofluorocarbons (HCFC), hydrofluorocarbons (HFC) or B 09 10 09 02 hydrocarbons (HC), must be carried out in accordance with the technical requirements derived from annex XIII of Royal Decree 110/2015, of February 20, on waste electrical and electronic equipment. In the event that fluorinated gases are present in the insulating foams of electrical and electronic equipment, their treatment will also be prohibited without prior recovery of these gases so that the content of fluorinated gases in the foam is less than 0.2% by weight. The treatment of waste from electrical equipment containing SF6 gas without its prior recovery is prohibited, so that the partial pressure of SF6 gas at the time of opening of each compartment containing it is not greater than 2 kPa. All recovered fluids will be managed in accordance with the applicable waste regulations, as well as the compartments of electrical equipment that have contained SF6 will be previously decontaminated before final treatment, in order to guarantee the neutralization of SF6 decomposition products. Non-energy recovery of non-hazardous waste with capacity <= 50 t/day Energy recovery of C 09 10 09 03 waste not considered as incineration Thermal treatment of dead animals or meat waste A 09 10 09 04 including animal by-products not suitable for human consumption or their residual currents even with obtaining flour or fats Storage or handling operations such as mixing, A 09 10 09 05 separating, classifying, transporting or reducing the size of non-metallic waste or pulverulent metallic waste, with a handling capacity of these materials >= 500 t/day, or >= 10 t/ day in the case of hazardous waste B 09 10 09 50 Page 47 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION ACTIVITY aea, GROUP CODE with handling capacity of these materials >= 100 t/ day and < 500 t/ day; or >= 1 t/day and <10 t/day of hazardous waste in the case of AEA hazardous waste, with a handling capacity of <100 t/day of these C(2) 09 10 09 51 materials Shredders or shredders for scrap metal or other metallic waste Other waste treatments are not specified in previous headings AGRICULTURE AND LIVESTOCK CROPS WITH FERTILIZERS - (2) 09 10 09 52 (EXCEPT ANIMAL MANURE) B 09 10 09 06 B 09 10 09 07 10 10 01 Permanent crops Plow crops – 10 01 01 00 Rice fields Horticulture – 10 01 02 00 Pasture Fallow CROPS – 10 01 03 00 WITHOUT FERTILIZERS – 10 01 04 00 Permanent crops Plow crops – 10 01 05 00 Rice fields – 10 01 06 00 10 02 – 10 02 01 00 – 10 02 02 00 – 10 02 03 00 Horticulture – 10 02 04 00 grassland – 10 02 05 00 Fallow – 10 02 06 00 OPEN FIELD BURNING OF STUBBLE, STRAW OR OTHER AGRICULTURAL BY-PRODUCTS Cereals Legumes Tubers and 10 03 rhizomes Sugarcane Others LIVESTOCK(4) (ENTERIC FERMENTATION) – 10 03 01 00 – 10 03 02 00 – 10 03 03 00 – 10 03 04 00 – 10 03 05 00 10 04 Milk beef. Installations with capacity => 500 heads aea, with capacity => 50 heads B 10 04 01 01 and < 500 heads aea, with capacity < 50 heads Other cattle. Installations with C(5) 10 04 01 02 capacity => 600 heads aea, with capacity => 60 heads and < 600 heads aea, with – 10 04 01 03 capacity < 60 heads Sheep. Facilities with capacity => 3,300 sheep AEA, with capacity B 10 04 02 01 => 330 sheep and < 3,300 AEA, with capacity < 330 sheep Porcine. Facilities with C(5) 10 04 02 02 capacity => 2,500 pigs aea, with capacity => 200 pigs and < 2,500 pigs aea, capacity < – 10 04 02 03 200 Caballar pigs. Installations with capacity => 500 horses AEA, with capacity => 50 B 10 04 03 01 horses and < 500 AEA, with capacity < 50 horses Other equine livestock - (mule, C(5) 10 04 03 02 donkey). Facilities with capacity => 550 horses. aea, Facilities with capacity => 55 – 10 04 03 03 equines and < 550 aea, Facilities with capacity < 55 equines Goats. Facilities with a B 10 04 04 01 capacity => 3,300 goats aea, with a capacity => 330 goats and < 3,300 aea, with a C(5) 10 04 04 02 capacity < 330 goats Sows. Facilities with capacity => 750 places for sows aea, with – 10 04 04 03 capacity => 75 places for sows and < 750 aea, with capacity < 75 places for sows B 10 04 05 01 LIVESTOCK ( MANURE MANAGEMENT(4) ) C(5) 10 04 05 02 – 10 04 05 03 B 10 04 06 01 C(5) 10 04 06 02 – 10 04 06 03 B 10 04 07 01 C(5) 10 04 07 02 – 10 04 07 03 B 10 04 12 01 C(5) 10 04 12 02 – 10 04 12 03 10 05 Milk beef. Installations with capacity => 500 heads aea, with capacity => 50 heads B 10 05 01 01 and < 500 heads aea, with capacity < 50 heads Other cattle. Installations with C(5) 10 05 01 02 capacity => 600 heads aea, with capacity => 60 heads and < 600 heads, with – 10 05 01 03 capacity < 60 heads Porcine. Facilities with capacity => 2,500 pigs SAA, with capacity B 10 05 02 01 => 200 pigs and < 2,500 pigs SAA, capacity < 200 pigs Sows. Installations with capacity C(5) 10 05 02 02 => 750 places for sows aea, with capacity => 75 places for sows and < 750 aea, with – 10 05 02 03 capacity < 75 places for ovine sows. Facilities with capacity => 3,300 sheep AEA, with B 10 05 03 01 capacity => 330 sheep and < 3,300 AEA, with capacity < 330 Caballar sheep. C(5) 10 05 03 02 Installations with capacity => 500 hp aea, with capacity => 50 hp and < 500 hp, with – 10 05 03 03 capacity < 50 hp Laying hens. Installations with capacity => 40,000 hens aea, with B 10 05 04 01 capacity => 4,000 hens and < 40,000 hens, with capacity < 4,000 hens Broilers. C(5) 10 05 04 02 Facilities with a capacity => 85,000 chickens aea, with a capacity => 8,500 chickens – 10 05 04 03 and < 85,000 aea, with a capacity < 8,500 chickens Other poultry (ducks, geese or B 10 05 05 01 others). Facilities with capacity => 40,000 birds aea, with capacity => 4,000 birds and < C(5) 10 05 05 02 40,000 birds aea, with capacity < 4,000 birds – 10 05 05 03 B 10 05 06 01 C(5) 10 05 06 02 – 10 05 06 03 B 10 05 07 01 C(5) 10 05 07 02 – 10 05 07 03 B 10 05 08 01 C(5) 10 05 08 02 – 10 05 08 03 B 10 05 09 01 C(5) 10 05 09 02 – 10 05 09 03 Page 48 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION ACTIVITY Fur GROUP CODE animals (rabbits). Facilities with capacity => 50,000 animal spaces aea, with capacity => 5,000 animal B 10 05 10 01 spaces and < 50,000 aea, with capacity < 5,000 animal spaces Goats. Facilities with a capacity => C(5) 10 05 10 02 3,300 goats aea, with a capacity => 330 goats and < 3,300 aea, with a capacity < 330 goats Other – 10 05 10 03 equine livestock - (mules, donkeys). Facilities with capacity => 550 equines aea, with capacity => 55 B 10 05 11 01 equines and < 550 aea, with capacity < 55 equines USE OF PESTICIDES AND LIMESTONE C(5) 10 05 11 02 Agriculture Forestry Horticulture Lakes MANURE MANAGEMENT (not included in headings 10 05) – 10 05 11 03 B 10 05 12 01 C(5) 10 05 12 02 – 10 05 12 03 10 06 – 10 06 01 00 – 10 06 02 00 – 10 06 03 00 – 10 06 04 00 10 09 Anaerobic lagooning B 10 09 01 00 Liquid systems (slurry) B 10 09 02 00 Solid storage or dry stacking (annual amounts equivalent to those generated by any of the activities in headings 10 05 classified as group B) B 10 09 03 00 Other operations – 10 09 04 00 (1) Equipment that forms an integral part of installations included in the scope of application of Royal Decree 1027/2007, of July 20, which approves the Regulation of Thermal Installations in Buildings, will belong to group B when their Ptn < 50 MWt and >20 MWt, to group C when their Ptn < =20 MWt and >= 1 MWt and will not be assigned to any group when their Ptn < 1 MWt. (2) Activities belonging to group B will be considered group A, those belonging to group C will be considered group B and activities without group will be considered group C at the discretion of the competent body of the autonomous community, in the case in which dangerous substances are used or the activity takes place less than 500 m from any of the following spaces: - population centers, - Protected natural spaces in accordance with article 27 of Law 42/2007, of December 13, on Heritage Nature and Biodiversity, including its peripheral protection zones, - Spaces belonging to the Natura 2000 Network, - areas protected by international instruments (3) A threshold of 1 ton per year will be considered in those cases in which mixtures are used that, due to their content of volatile organic compounds classified as carcinogenic, mutagenic or toxic for reproduction, are assigned the following risk phrases or indications of danger, in accordance with the provisions of Regulation (EC) No. 1272/2008 of the European Parliament and of the Council, of December 16, 2008, on classification, labeling and packaging of substances and mixtures: - R40, R45, R46, R49, R60 or R61 (until December 1, 2010) - H341, H351, H340, H350, H350i, H360D or H360F or risk phrases R40, R45, R46, R49, R60, R61 or R68 (from December 1, 2010 to July 1, 2015) - H341, H351, H340, H350, H350i, H360D or H360F (As of July 1, 2015) (4) The specified thresholds refer to intensive livestock facilities and the intensive part of the facilities with mixed livestock (intensive + extensive). (5) At the discretion of the competent body of the autonomous community, in the event that the activity takes place less than 500 m from a population center, the activities belonging to group C will be considered as group B This consolidated text has legal value. Page 49