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Relevant facts on environmental issues

Juan Ignacio Xiberta

Environmental & Public

RELEVANT FACTS on environmental

  • Catalonia: publication of Decree 197/2016 of 23 February about the previous communication on waste and general registers of waste producers and waste management in Catalonia.
  • National: publication of Royal Decree 56/2016, of 12 February, transposing the Directive 2012/27/ of the European Parliament and the Council of 25 October 2012 on energy efficiency regarding energy audits, accreditation of service providers and energy auditors and promoting efficiency of energy supply.

This Royal Decree provides for companies that, for at least two consecutive years comply with the condition of being a large company (Not SME in terms of Recommendation 2003/361/CE) the obligation to make an energy audit within nine months from the entry into force of this royal decree if they have not previously made one during the last four years. In case of breach of such obligations, these companies could be sanctioned.

THE DRAFT LEGISLATIVE ROYAL DECREE APROVING THE REVISED TEXT OF PREVENTION AND INTEGRATED CONTROL POLLUTION LAW

The Government has published the project to integrate in a Royal Decree all the amendments to the date on the Act 16/2002, of July 1st.

Catalonia: DRAFT DECREE OF WASTE MANAGEMENT PROCEDURES.

Derogates Decree 93/199.As a consequence of experience and regulatory changes, some novelties have been introduced. Basically, simplification and reduction of administrative burdens and regulation method for managing waste as “by-products” (new denomination of the old “sub-resource”) that in Catalonia is still considered waste.


Europe: Pack of circular economy (December 2015)

The circular economy is considered in the UE as a way to protect and increase the resilience of the economy.

The goal is to reduce the dependence in raw materials and energy in order to protect themselves from changes in their prices.

At the same time is a policy called “Technology forcing”. It should help to make European industry more innovative, efficient and competitive.

The legislative package includes new taxes for waste reduction, treatment of plastics, promoting more efficient production processes, the management of critical materials, fertilizers, water reuse, or communication with the consumer. The package has a strong approach to promote, apart from energy efficiency, an increased durability, reparability and recyclability of products. To get these goals, mandatory requirements will be introduced in the Ecodesign Directive, the energy labeling criteria will be reviewed and companies will be incentivized to develop more sustainable products and services.


Finally, the European Commission has allocated a provision for financial support of 650 million € under the HORIZON 2020 program and 5,500 million under the Structural Funds to support companies and organizations that lead this transition.

So in the coming years national policies will go in that line. Many programs are expected in order to help companies.

 

THE SUPREME COURT REJECTS CLAIMS AGAINTS PATRIMONIAL LIABILITY FILED BY PHOTOVOLTAIC ENTERPRISES BY THE LEGISLATION IN 2010, IN WHICH THE REMUNERATION FOR PHOTOVOLTAIC POWER PLANTS WAS REDUCED.

The High Court set that the existence of a compensable injury “must be related to the useful life of the facilities (fixed at 30 years), and the expert evidence produced in the proceedings has revealed that the decrease in benefits has been compensated by subsequent provisions, so can be affirmed that the activity of producing electricity through this special scheme provides a reasonable return (around 8% annually), which excludes the damage to be considered real and unlawful”.

 

The information contained in this note should not be regarded in itself as specific advice on the matter discussed, but only a first approach to the subject. Therefore it is highly recommended that the recipients of this note search professional advice about their particular case before taking specific measures or actions.