Draft Ministerial Order establishing the date from which it will be required the establishment of mandatory financial security to Annex III activities of the Law 26/2007, of October 23, classified as priority 1 is established, and priority level 2, by Order ARM / 1783/2011, dated 22 June
Law 26/2007 of 23 October, on Environmental Responsibility, amended by Law 11/2014 of 3 July, which transposed into Spanish law Directive 2004/35 / EC of the European Parliament and of the Council of April 21, 2004, established a new administrative regime repair environmental damage under which operators that cause environmental damage or are likely to cause it, should take the necessary measures to prevent accrual or when the damage occurred to prevent further damage and restore natural resources damaged the state in which they were before the causation of damage.
Article 24 of the Act also provides that the operators of the activities listed in Annex III, subject to the exemptions provided for in Article 28, shall provide a financial guarantee to enable them to cope with the environmental responsibility inherent to the activity or activities that intend to develop.
The final provision four of Law 26/2007, of October 23, set the date from which it will be required the establishment of mandatory financial security for each of the activities of Annex III shall be determined by order of the Minister Food, Agriculture and Environment, prior approval of the Government Commission for Economic Affairs, and after consultation with the regions and sectors affected. It also established that these ministerial orders would be approved since April 30, 2010.
n this context, the June 29, 2011 was published in the Official Gazette ARM / 1783/2011 Order of 22 June, establishing the order of priority and a gradual timetable for the adoption orders set ministry from which shall be enforceable mandatory financial security, provided four of Law 26/2007, of 23 October, on Environmental Responsibility disposal.
This Draft Ministerial Order complies with the Order ARM / 1783/2011, of June 22, setting the date from which it will be required the establishment of compulsory financial security under Article 24 of Law 26 / 2007 of October 23, Environmental Liability for activities in Annex III of Law 26/2007, of October 23, classified as priority 1 and priority level 2 in accordance with the Annex to the Order ARM / 1783 / 2011 of 22 June.
On the other hand, due to regulatory changes that have occurred in both the rules of environmental responsibility and sectoral legislation referring to the annex to the Ministerial Order ARM / 1783/2011, of June 22, it is necessary amending the Annex to this order, so that it addresses only professional activities are obliged to constitute the mandatory financial security, and a current ratio thereof in accordance with the relevant sectoral legislation.
The Draft Ministerial Order establishing the date from which it will be required the establishment of mandatory financial security to Annex III activities of the Law 26/2007, of October 23, classified as priority 1 is established and priority level 2 underwent the process of public participation from 9 to April 29, 2015, inclusive.
