implementation of the eld in spain legal framework...

MINISTERIODE MEDIO AMBIENTE

IMPLEMENTATION OF THE ELD IN SPAIN

LEGAL FRAMEWORK ANDTECHNICAL SOLUTIONS

Isaac Sánchez NavarroTechnical Advisor

General Directorate of Environmental Quality and AssessmentMinistry of the Environment and Rural and Marine Affairs

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1.1. LEGAL FRAMEWORKLEGAL FRAMEWORK

2.2. TECHNICAL COMMISSION ON THE PREVENTION AND TECHNICAL COMMISSION ON THE PREVENTION AND REMEDIATION OF ENVIRONMENTAL DAMAGE REMEDIATION OF ENVIRONMENTAL DAMAGE

3.3. ENVIRONMENTAL LIABILITY SUPPLY MODEL (MORA)ENVIRONMENTAL LIABILITY SUPPLY MODEL (MORA)

4.4. VALUATION OF SPANISH NATURAL ASSETS (VANE)VALUATION OF SPANISH NATURAL ASSETS (VANE)


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European Directive 2004/35/EC, of the European Parliament and of the Council, of 21 April 2004, on environmental liability in relation to the prevention and remediation of environmental damage

Environmental Liability Law 26/2007, of 23 October

Includes administrative regime on environmental liability based on prevention and polluter-pays principles

Royal Decree 2090/2008, of 22 of December which enacts the partial implementation regulations of Environmental Liability Law 26/2007

Ministerial Order ARM/1783/2011

Priority order and timetable for the publication of ministerial orders that will set mandatory financial guarantee for each group of economic activities


Reinforce prevention mechanisms to avoid accidents with harmful consequences for the environment

Ensure the environmental damage remediation from economic activities even when they are in full compliance with the law and have taken all the available preventive measures

Guarantee that prevention and remediation of environmental damage are faced by the responsible operator

LAW 26/2007 OBJECTIVESLE

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Environmental liability – Protection of environmental damage and imminent threat of environmental damage

(land, water, wildlife and protected habitats, sea coast)– It does not include traditional damage to persons and property– 30 years time frame

Strict and fault based liability – Annex III activities: strict liability– Other activities: fault based liability (fraud, fault or negligence)– Prevention and avoidance measures are always mandatory

Unlimited remediation liability– Obliges to return the resources and services damaged to baseline condition

regardless the remediation costsAdministrative liability

– Non-civil liability. It concerns the administration to enforce the Law 26/2007

MAIN FEATURESLE

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CONCURRENCE BETWEEN ENVIRONMENTAL LIABILITY AND PENAL AND ADMINISTRATIVE SANCTIONS

Art. 6.1 The liability established in the present Law shall be compatible with penal or administrative penalties imposed for the actions giving rise to the liability

Art. 6.3 If, due to the application of other laws, prevention, avoidance or remediation has been secured at the expense of the liable party, the actions provided for in this Law will not be necessary

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MINISTERIODE MEDIO AMBIENTE ADMINISTRATIVE COMPETENCES

Legislative development and implementation of the Law: Autonomous Communities in whose territory damage or harm-threats are located.

Central Government executive competence:

Law application of executive competence in terms of state owned public property (water and coasts)

Mandatory report in case of damage or the imminent threat of damageaffects state-managed water basins or state-owned public property

Where the territories of more than one Autonomous Community are affected or where Autonomous Communities must act in cooperation with the Central Government, the Administrations concerned shall establish the cooperation mechanisms considered appropriate for the effective exercise of the powers set out in the present Law:

Technical Commission on the Prevention and Remediation of Environmental Damage plays an important role

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MINISTERIODE MEDIO AMBIENTE MANDATORY FINANCIAL SECURITY

Annex III operators must ensure they have the financial security to cover the environmental liability inherent in their intended activity/sFinancial security forms: insurance policy or contracts, guarantee or ad-hoc technical reserves20 M€ limited coverage (prevention, avoidance and primary remediation costs), although liability is unlimitedWill be determined based on an environmental risk assessment

Exemptions mechanisms (art. 28 Law 26/2007):• Operators likely to cause damage remediation of which is estimated to be less than

300,000€.• Operators likely to cause damage remediation of which is estimated at between 300,000 and

2,000,000€ and who show, through certificates issued by independent bodies, that they are associated permanently and continuously with EMAS and/or ISO 14001.

• The use of the plant health products and biocides referred to in paragraphs 8.c) and 8.d) ofAnnex III for agricultural and forestry purposes

• Exclusion criteria (exemption of mandatory FG and environmental risk assessment)

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MINISTERIODE MEDIO AMBIENTE SECTORIAL ENVIRONMENTAL RISK ANALYSIS

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• Annex III operators obliged to carry out an Environmental RiskAssessment in order to:

– Determine if are under the obligation to have a FG or are exempted, and calculate its amount

– It is a prevention tool (risk management decision-making tool)

• Sectorial environmental risk analysis tools to help operators thefulfilment of their obligations (ERA) and share the costs betweenoperators:– MIRAT– Methodological guides– Scale charts

They must be approved by the Technical Commission


Just

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Sectorial instruments for environmental risk assessment must be finished prior to the approval of the ministry orders set forth in final provision four of Law 26/2007

Heterogeneity and large scope of Spanish Environmental Law Annex-III operators

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Economic or professional activities that must conduct the environmental damage assessmenton a priority basis Exclusion criteria for low-risk activities (Technical Commission)

Classification of Spanish Environmental Law Annex-III activitiesSectorial instruments for environmental risks assessment (MIRAT, TB, GM)

Number of Annex III operators for each autonomous communities

Organize the reception and processing of sectorial proposals (Technical Commission)

Gradual implementation of mandatory FGGuidance on timing for individual risk assessment

Provide operator the estimation of entry into force of mandatory FGEnvironmental risk prevention and minimization

Sectorial priority order and timetable for the publication of ministerial orders that will set the mandatory FG for each group of economic or professional activities

The calculation of FG must be based on an homogenous risk scenarios assessment (Art. 24.3 Law 26/2007)

MINISTERIAL ORDER ARM/1783/2011 (I)


Priority rate estimation (semi-quantitative analysis) Six priority levels (A - F)Weighing of environmental risk variablesSector analysisIPPC and Seveso priority activities

------DR 30 - 40F

------DR 20 – 29E

------DR 10 – 19D

---AR > 5%DR 0 – 9C

Environmental risk assessment or equivalent1% < AR < 5%---B

Environmental technical studies, previous mandatory security systems and bonds

0 < AR < 1% ---A

CRITERION 3State legislation on prior obligations in terms of risk assessment, technical studies, bonds and security systems

CRITERION 2Accident rate [(Nº acc/ Nºcompanies) * 100]Source: Accident data base (Chemical risks in industry installations 1999 -2010, Civil Defense)

CRITERION 1Danger rate (IPPC Activities assessment)Source: PRTR-SPAINNote: Priority level is extended to professional sector when more of the 50% of its activities belongs to IPPC

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MINISTERIAL ORDER ARM/1783/2011 (II)


Priority level 1 The publication of the MO will be between two and three years from the date of its entry into force

Priority level 2The publication of the MO will be between three and five years from the date of its entry into force

Priority level 3The publication of the MO will be between five and eight years from the date of its entry into force

218294368771Annex III sectors

Total1(F)

2 (E)

3 (D)

3 (C)

3 (B)

3 (A)Priority level

MINISTERIAL ORDER ARM/1783/2011 (III)



2.2. TECHNICAL COMMISSION ON THE PREVENTION AND TECHNICAL COMMISSION ON THE PREVENTION AND REMEDIATION OF ENVIRONMENTAL DAMAGEREMEDIATION OF ENVIRONMENTAL DAMAGE




ObjectivesGuarantee technical cooperation and collaboration between central government and autonomous communities for information exchange and advisingArticle 3 RD 2090/2008Flexible structureAttached to the Ministry of the Environment and Rural and Marine Affairs through the General Directorate of Environmental Quality and AssessmentFunctions:

– Advising– Information exchange– Cooperation and collaboration

MembersPresidency: General Directorate of Environmental Quality and Assessment (MARM)Vice-presidency: one of the representatives of the Autonomous CommunitiesMembers (36): CG, AACC, Autonomous Cities and Local Entities

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NTECHNICAL COMMISSION ON THE PREVENTION TECHNICAL COMMISSION ON THE PREVENTION AND REMEDIATION OF ENVIRONMENTAL DAMAGEAND REMEDIATION OF ENVIRONMENTAL DAMAGE


Objective 1.- Technical platformEnvironmental liability supply model (MORA) methodology completionSpanish Environmental Law-annex III analysis Development of the structure and contents that shall be included in sectorial tools for environmental risk assessment, and examplesTechnical support and advice to sectors involved

Objetive 2.- Administratives mechanismsFour working groups within the Techical Commission

Objetivo 3.- Regulatory mechanisms Priority and calendar for the entry into force of mandatory financial security(Ministerial Order ARM/1783/2011)Exclusion criteria

TECHNICAL COMMISSION OBJECTIVES 2011TE

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MORA completion- Software tool with free web access: developing

Development of the structure and contents that shall be included in sectoral tools for environmental risk assessment, and examples

- Strucutre and general contents ended completed and published in MARM website in July 2010

- Examples of MIRAT and scale charts

Technical Support and advice to the several sectors involved- Technical support and advice for different sectors wishing to design or that are

developing sectorial tools for environmental risk assessment- Performing one of each sectorial tools for environmental risk assessment under RD

2090/2008:Scale charts: paints and printing iks sectorMIRAT: olive and seed oil sector Methodological Guide: non-energy mining extractive sector

ACTIONS OBJECTIVE 1.- TECHNICAL PLATFORM

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Analysis Service of evaluation Tools of chemicals behavior and dissemination in the framework of the Environmental Responsibility Regime

MINISTERIODE MEDIO AMBIENTE Context: RD 2090/2008

Chapter III: Mandatory Financial Guarantee

Environmental Risk Analysis (art.34-36)

Determination of FG (art.33):

1. Identification of risk scenarios and its probability

2. Environmental damage cost

A. Quantification

B. Cost MORA

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MORA helps operators fulfill their EL obligations


Assessment of different accident scenariosValuation model ex-ante and ex-post

OBJECTIVES:Evaluation of scientific literature

Development of techniques catalogs

Design of the mechanisms for techniques selection

Design of the economic model for damage assessment

JUSTIFICATION AND OBJECTIVES

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DAMAGE FEATURES

Phases:

Identification of Natural resourceIdentification of Damaging agentIdentification of affection level Identification of Remedial measures

Combination of water, soil and habitatCoast (sea and river)SpeciesSpeciesHabitatHabitatSoilSoilWaterWaterModel equivalencyELD Resources

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Combination of water, soil and habitatCoast (sea and rivers)

haR-RBiocoenosisHabitat (plants)

NºR-RBiocoenosisSpecies (plants and anim.)

tR-RBiotopeSoil

m3R-RBiotopeWater

UNITMETHODTIPERECEPTOR

IDENTIFICATION OF NATURAL RESOURCE (I)En

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Base mapping:

Forest Map of Spain 1:50,000 (MFE50)

Third National Forest Inventory (IFN3)

Rivers, lakes and reservoirs (MARM)

Groundwater bodies coverage (MARM)

Digital Terrain Model (DTM)

Permeability map (MARM)

National Cartographic Base

Protected Natural Areas (PNA)

National Biodiversity Inventory

IDENTIFICATION OF NATURAL RESOURCE (II)En

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Physical agent

Extraction

Dumping of inert

Temperature

Fire Biological agent

GMO

Exitics species

Viruses and bacterias

Fungi and insects

Chemical damaging agent 1

Non-halogenated volatiles compounds

Volatile halogenated compounds

Non-halogenated semi-volatile compounds

Halogenated semi-volatile compounds

Fuel

Inorganic substances

Explosives

1 Federal Remediation Technologies Roundtable (http://www.frtr.gov/)

IDENTIFICATION OF DAMAGING AGENT


PACK I:

Location

¿Where?

Coordinates

Accesibility

Distance to nearest road

Protected area

Infiltration risk

Groundwater body presence

Permeability

Slope

Species

Canopy cover

Trees age

Density

Land use

Animal species present

PACK II:

Damage Causing - Agent

¿What?

Chemical. Degradability

Physical

Fire

Biological

PACK IV:

Damage reversibility

¿Yes/no?Based on:

- Environment features

- Damaging agent and extent

- Disproportionate Cost

- Time frame not reasonable

PACK III:

Damage cuantification

¿Extent?

Surface water (m3)

Underground water (m3)

Marine water

Soil (tons)

Habitat (Ha)

Species (Nº individuals)

Red: user data

TREES OF EVENTS PARAMETERS


ACCESIBILITYACCESIBILITY


INFILTRATION RISKINFILTRATION RISK


LAND USELAND USE

Forest Map of Spain + Rivers + Reservoirs + Lakes = land use


5654321ChemicalPlantsAnimalGroundwaterSurfaceMarine

SpeciesHabitatSoil

Water

Spanish Aut. Com. Recovery Center6

Tragsa 2007 Price listsCutting and replanting5

FRTR (USA)Cleaning spills (soil)4

FRTR (USA)Cleaning spills (underground water)3

FRTR (USA)Cleaning spills (surface water)2

Salvage (Spanish Ministry of Development)Cleaning spills (marine water)1

Main data sourceNameCode

PRIMARY REMEDIAL MEASURES (I)


SpeciesHabitatSoil

Water

PlantsAnimalGroundwaterSurfaceMarine

1211151414Temperature

1313Dumping of inert

121110987Extraction

Physical

Tragsa 2007 and Aut. Com. Price listsEndargered species plantation12

Tragsa 2007 Price listsPick up and transfer to landfill disposal13

Tragsa 2007 Price lists and Wtaer Price Statistics (NSI)Issuance of room temperature water 14

Tragsa 2007 Price listsAffected mass removial and replanting15

Spanish Aut. Com and USABreeding and restocking11

Tragsa 2007 Price listsPlantations10

Tragsa 2007 and Forestry Association 2004 Price lists Replacement of extracted soil9

Tragsa projectsArtificial recharhe of aquifers8

Tragsa 2007 Price lists and National Statistics Institute (NSI)Pumping water extracted7

Main data sourceNameCode

PRIMARY REMEDIAL MEASURES (II)


SpeciesHabitatSoil

WaterPlantsAnimalGroundwaterSurfaceMarine

1916Fungi and insects

11Viruses and bacterias

181716Exotic species

181716GMO

Biological

121115Fire

Tragsa 2007 Price listsAfected mass removal and replanting15

Tragsa 2007 and Aut. Com. Price listsCapture and restocking17

Tragsa 2007 and Aut. Com. Price listsCutting and replanting endargered species18

Tragsa 2007 and Aut. Com. Price listsEndargered species plantation12

Tragsa 2007 Price listsCutting and replanting16

Tragsa 2007 Price listsPlague treatment19

Spanish Aut. Com and USAAnimals raising and restocking11

Main data soruceNameCode

PRIMARY REMEDIAL MEASURES (III)


Alphanumeric results

Cartographic results

RESULTS OF THE MODEL


Factors that affects the remedial technique to apply:- Damaging Agent

- Features of the receptor

Factors that affects the length of theremediation:

- RemedialTechnique

- Features of the receptor

Economic value of the environmental damage(Art. 33 Royal Decree)

Selection of remedial measures

Alphanumeric results


AG

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RECEPTOR FEATURES

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RECEPTOR FEATURES

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Duration

Time required REA CMP

CPL

Cost €/u.f. Primary

Remedial Technique

Alphanumeric results: Matrixes


Assign a remedial technique of each combination damaging agent –receptor features

Example. Decission Tree to assign remedial techniques of damagescaused by non-halogen OVC

Damage by non-degradable

halogen OVC onsoil

Non accesible

Accesible

Yes Natural recovery

Irrevirsible damageNo

Yes

NoHigh

Low

Technique 3

Technique 4

High

Low

Technique 1

Technique 2

Accesibility Biodegradable matter

Remedial TechniqueProtectedarea Permeability

Alphanumeric results: Decission Trees


30,00• Natural recovery

0,7552,11• Landfarming

0,5299,00• Solidification/Estabilitation

0,25343,95• Oxidation/Chemical Reduction

252,11• Enhanced Biorremediation

0,75135,49• Biopiles

Recovery timeframe(years)

Cost(€2010/t)

Technique

Soil remedial techniques (chemical damages)

Alphanumeric results: Techniques


Costs to take into account:

Prevention and avoidanceRemedial (primary, compensatory and complementary)

Budget calculation:Base costs (exploitation costs)C.I (6%) + C.C (1%) = PEPE + consultancy costs = PEMPEM + S.S (1,5%) = PGPG + G.G y B.I (19%) = PECPEC + contingency security margin (20-40%) = PT s/IVAPT s/IVA + IVA (18%) = PT c/IVA

Alphanumeric results: Techniques


Remediation cost maps

Digital format: raster

National Scope

Resolution: 1 hectare

Units: euros/units resource

They represent the estimated cost for the remediation of oneresource unit in each píxel of the national territory

Reference grid: Valuation of Spanish Natural Assets (VANE) (MARM, 2010)



SAMPLE 1: Accesibility map based on the slope



SAMPLE 2: Map of distance to the nearest road



SAMPLE 3: Map combining the variables for soil chemical damages



SAMPLE 4: Map for the remediation of the damaged caused by inorganicsubstances to soil. Primary remedial measure



SAMPLE 5: Map for the remediation of damage caused by the infiltration ofexplosive substances into the aquifer. Primary remedial measure



SAMPLE 6: Map for the remediation costs of habitats damaged by fire. Primary remedial measure



MORA is a monetization tool for environmental damage (primary, compensatory and complementary remediation costs)

The absence of a specific management information about natural resources remediation costs has hampered data collection phase

MORA enables to estimate the extent of financial guarantees, but obtaining more accurate results of the model requires scaling from actual cases

Future free Internet software application. Expected finalization: end of 2011

MORA solves cases by an Resource-Resorce approach. If this is not possible user must use Service-Service, Value-Value or Value-Cost approaches

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More information about MORA methodology on:

www.marm.es/es/calidad-y-evaluacion-ambiental/temas/responsabilidad-mediambiental/jornadas/jornada_pres_mod/jornadamora2011.aspx

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4.4. VALUATION OF SPANISH NATURAL ASSETSVALUATION OF SPANISH NATURAL ASSETS

VANE project

Objective INatural services identification and creation of physical models of value assignment. Determination of its value for all the territory

Objective IIDevelopment of a Land Information System of natural capital in order to obtain value maps for each of the considered ecosystems services

VANE: Valoración de los Activos Naturales de EspañaValuation of Spanish Natural Assets

VANE project

Carrying out effective methods to determine the economic value of ecosystems goods and servicesOptimization of decision-making processes on environmental managementA reference for alternative uses of natural resources appraisalMore available information about benefits that environmental services provide to societyDecision-making support on land management and public policydevelopmentConsideration of positive and negative externalities in national accounts

SUPPORT

• Nutrient cycling• Soil formation• Primary production• …

SUPPLY

REGULATION

• Climate regulation• Flood control• Disease control• Erosion control• Water purification• Pollination…

CULTURAL

• Aesthetic• Spiritual• Educational• Recreational activities…

• Food• Freshwater• Wood, fiber and fuel• Biochemical and pharmaceutical

products• Genetic resources…

Ecosystems goods and services

Results. Erosion control

Valuation model of goods and services provided by Spanish ecosystems nationwide

Minimum-assessment, preserving the conservation principle

Involves a comprehensive assessment of ecosystem services that are provided in a given time (snapshot)

Conclusions

Value duplications have been avoided in ecosystem services assessment

VANE in Spanish Environmental Liability Law Context

Warnings

VANE is a decision making support tool, which must be used with responsibility:

- Was developed prior to Spanish Environmental Liability Law- Gives a minimum value (unlike MORA)- Does not offer an ecosystem service global value - National scale (1 Ha) - VANE results provide some guidance that must be checked and fitted to each case

Identification of ecosystems servicesNatural resources assessment methodologySocial value of ecosystem servicesMapping results in digital version

Applications

Assistance in the identification of damaged ecosystem services

Assistance in assessing the proportionality of remediation costs(MORA)

Assistance for the assessment of damaged natural resources and ecosystem services in the alternative matching criteria: value-value and value-cost

It offers a catalogue of specific valuation methodologies to apply in specific cases

Continuous evaluation of VANE utility in the context of the Environmental Liability Regime


IMPLEMENTATION OF THE ELD IN SPAIN

LEGAL FRAMEWORK ANDTECHNICAL SOLUTIONS

THANK YOU VERY MUCH FOR YOUR ATTENTION

Isaac Sánchez NavarroTechnical Advisor

General Directorate of Environmental Quality and AssessmentMinistry of the Environment and Rural and Marine Affairs

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implementation of the eld in spain legal framework...

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