IMPLEMENTATION OF THE ELD IN SPAIN LEGAL FRAMEWORK AND TECHNICAL SOLUTIONS

Transcription

1 10th National Experts Meeting on ELD Brussels. November, 7th 2011 IMPLEMENTATION OF THE ELD IN SPAIN LEGAL FRAMEWORK AND TECHNICAL SOLUTIONS Isaac Sánchez Navarro Technical Advisor General Directorate of Environmental Quality and Assessment Ministry of the Environment and Rural and Marine Affairs

2 1. LEGAL FRAMEWORK 2. TECHNICAL COMMISSION ON THE PREVENTION AND REMEDIATION OF ENVIRONMENTAL DAMAGE 3. ENVIRONMENTAL LIABILITY SUPPLY MODEL (MORA) 4. VALUATION OF SPANISH NATURAL ASSETS (VANE)

3 1. LEGAL FRAMEWORK 2. TECHNICAL COMMISSION ON THE PREVENTION AND REMEDIATION OF ENVIRONMENTAL DAMAGE 3. ENVIRONMENTAL LIABILITY SUPPLY MODEL (MORA) 4. VALUATION OF SPANISH NATURAL ASSETS (VANE)

4 LEGAL FRAMEWORK 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

5 LAW 26/2007 OBJECTIVES LEGAL FRAMEWORK 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

6 MAIN FEATURES Environmental liability LEGAL FRAMEWORK 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 costs Administrative liability Non-civil liability. It concerns the administration to enforce the Law 26/2007

7 CONCURRENCE BETWEEN ENVIRONMENTAL LIABILITY AND PENAL AND ADMINISTRATIVE SANCTIONS LEGAL FRAMEWORK 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

8 ADMINISTRATIVE COMPETENCES Legislative development and implementation of the Law: Autonomous Communities in whose territory damage or harm-threats are located. LEGAL FRAMEWORK 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 damage affects 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

9 MANDATORY FINANCIAL SECURITY LEGAL FRAMEWORK Annex III operators must ensure they have the financial security to cover the environmental liability inherent in their intended activity/s Financial security forms: insurance policy or contracts, guarantee or adhoc technical reserves 20 M limited coverage (prevention, avoidance and primary remediation costs), although liability is unlimited Will 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 The use of the plant health products and biocides referred to in paragraphs 8.c) and 8.d) of Annex III for agricultural and forestry purposes Exclusion criteria (exemption of mandatory FG and environmental risk assessment)

10 SECTORIAL ENVIRONMENTAL RISK ANALYSIS Annex III operators obliged to carry out an Environmental Risk Assessment in order to: LEGAL FRAMEWORK 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 the fulfilment of their obligations (ERA) and share the costs between operators: MIRAT Methodological guides Scale charts They must be approved by the Technical Commission

11 MINISTERIAL ORDER ARM/1783/2011 (I) Justification Actions Objectives Heterogeneity and large scope of Spanish Environmental Law Annex-III operators 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 The calculation of FG must be based on an homogenous risk scenarios assessment (Art Law 26/2007) 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 Environmental risk prevention and minimization Provide operator the estimation of entry into force of mandatory FG Gradual implementation of mandatory FG Guidance on timing for individual risk assessment Organize the reception and processing of sectorial proposals (Technical Commission) Sectorial instruments for environmental risks assessment (MIRAT, TB, GM) Classification of Spanish Environmental Law Annex-III activities Number of Annex III operators for each autonomous communities Economic or professional activities that must conduct the environmental damage assessment on a priority basis Exclusion criteria for low-risk activities (Technical Commission)

12 MINISTERIAL ORDER ARM/1783/2011 (II) Priority rate estimation (semi-quantitative analysis) Six priority levels (A - F) Weighing of environmental risk variables Sector analysis IPPC and Seveso priority activities CRITERION 1 CRITERION 2 CRITERION 3 Danger rate (IPPC Activities assessment) Source: PRTR-SPAIN Note: Priority level is extended to professional sector when more of the 50% of its activities belongs to IPPC Accident rate [(Nº acc/ Nº companies) * 100] Source: Accident data base (Chemical risks in industry installations , Civil Defense) State legislation on prior obligations in terms of risk assessment, technical studies, bonds and security systems A < AR < 1% Environmental technical studies, previous mandatory security systems and bonds Priority B C D --- DR 0 9 DR % < AR < 5% AR > 5% --- Environmental risk assessment or equivalent E DR F DR

13 MINISTERIAL ORDER ARM/1783/2011 (III) Priority level 3 (A) 3 (B) 3 (C) 3 (D) 2 (E) 1 (F) Total Annex III sectors 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 2 The publication of the MO will be between three and five years from the date of its entry into force Priority level 3 The publication of the MO will be between five and eight years from the date of its entry into force

14 1. LEGAL FRAMEWORK 2. TECHNICAL COMMISSION ON THE PREVENTION AND REMEDIATION OF ENVIRONMENTAL DAMAGE 3. ENVIRONMENTAL LIABILITY SUPPLY MODEL (MORA) 4. VALUATION OF SPANISH NATURAL ASSETS (VANE)

15 TECHNICAL COMMISSION ON THE PREVENTION AND REMEDIATION OF ENVIRONMENTAL DAMAGE TECHNICAL COMMISSION Objectives Guarantee technical cooperation and collaboration between central government and autonomous communities for information exchange and advising Article 3 RD 2090/2008 Flexible structure Attached to the Ministry of the Environment and Rural and Marine Affairs through the General Directorate of Environmental Quality and Assessment Functions: Advising Information exchange Cooperation and collaboration Members Presidency: General Directorate of Environmental Quality and Assessment (MARM) Vice-presidency: one of the representatives of the Autonomous Communities Members (36): CG, AACC, Autonomous Cities and Local Entities

16 TECHNICAL COMMISSION OBJECTIVES 2011 TECHNICAL COMMISSION Objective 1.- Technical platform Environmental liability supply model (MORA) methodology completion Spanish Environmental Law-annex III analysis Development of the structure and contents that shall be included in sectorial tools for environmental risk assessment, and examples Technical support and advice to sectors involved Objetive 2.- Administratives mechanisms Four 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

17 ACTIONS OBJECTIVE 1.- TECHNICAL PLATFORM TECHNICAL COMMISSION MORA completion - Software tool with free web access: developing Analysis Service of evaluation Tools of chemicals behavior and dissemination in the framework of the Environmental Responsibility Regime 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 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 sector MIRAT: olive and seed oil sector Methodological Guide: non-energy mining extractive sector

18 1. LEGAL FRAMEWORK 2. TECHNICAL COMMISSION ON THE PREVENTION AND REMEDIATION OF ENVIRONMENTAL DAMAGE 3. ENVIRONMENTAL LIABILITY SUPPLY MODEL (MORA) 4. VALUATION OF SPANISH NATURAL ASSETS (VANE)

19 Context: RD 2090/2008 Chapter III: Mandatory Financial Guarantee Environmental Liability Supply Model 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 MORA helps operators fulfill their EL obligations

20 JUSTIFICATION AND OBJECTIVES Environmental Liability Supply Model Assessment of different accident scenarios Valuation 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

21 DAMAGE FEATURES Environmental Liability Supply Model Phases: Identification of Natural resource Identification of Damaging agent Identification of affection level Identification of Remedial measures ELD Resources Model equivalency Water Water Soil Soil Habitat Habitat Species Species Coast (sea and river) Combination of water, soil and habitat

22 IDENTIFICATION OF NATURAL RESOURCE (I) Environmental Liability Supply Model RECEPTOR Water Soil Species (plants and anim.) Habitat (plants) Coast (sea and rivers) TIPE METHOD UNIT Biotope R-R m 3 Biotope R-R t Biocoenosis R-R Nº Biocoenosis R-R ha Combination of water, soil and habitat

23 IDENTIFICATION OF NATURAL RESOURCE (II) Base mapping: Environmental Liability Supply Model 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

24 IDENTIFICATION OF DAMAGING AGENT Chemical damaging agent 1 Non-halogenated volatiles compounds Volatile halogenated compounds Non-halogenated semi-volatile compounds Halogenated semi-volatile compounds Fuel Inorganic substances Explosives Physical agent Extraction Dumping of inert Temperature Fire Biological agent GMO Exitics species Viruses and bacterias Fungi and insects 1 Federal Remediation Technologies Roundtable (

25 TREES OF EVENTS PARAMETERS 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 (m 3 ) Underground water (m 3 ) Marine water Soil (tons) Habitat (Ha) Species (Nº individuals) Red: user data

26 ACCESIBILITY

27 INFILTRATION RISK

28 LAND USE Forest Map of Spain + Rivers + Reservoirs + Lakes = land use

29 PRIMARY REMEDIAL MEASURES (I) Marine Water Surface Groundwater Soil Habitat Species Animal Plants Chemical Code Name Cleaning spills (marine water) Cleaning spills (surface water) Cleaning spills (underground water) Cleaning spills (soil) Cutting and replanting Recovery Center Main data source Salvage (Spanish Ministry of Development) FRTR (USA) FRTR (USA) FRTR (USA) Tragsa 2007 Price lists Spanish Aut. Com.

30 PRIMARY REMEDIAL MEASURES (II) Marine Water Surface Groundwater Soil Habitat Species Animal Plants Extraction Physical Dumping of inert Temperature Code Name Pumping water extracted Artificial recharhe of aquifers Replacement of extracted soil Plantations Breeding and restocking Endargered species plantation Pick up and transfer to landfill disposal Issuance of room temperature water Affected mass removial and replanting Main data source Tragsa 2007 Price lists and National Statistics Institute (NSI) Tragsa projects Tragsa 2007 and Forestry Association 2004 Price lists Tragsa 2007 Price lists Spanish Aut. Com and USA Tragsa 2007 and Aut. Com. Price lists Tragsa 2007 Price lists Tragsa 2007 Price lists and Wtaer Price Statistics (NSI) Tragsa 2007 Price lists

31 PRIMARY REMEDIAL MEASURES (III) Marine Water Surface Groundwater Soil Habitat Species Animal Plants Fire GMO Biological Exotic species Viruses and bacterias Fungi and insects Code Name Animals raising and restocking Endargered species plantation Afected mass removal and replanting Cutting and replanting Capture and restocking Cutting and replanting endargered species Plague treatment Main data soruce Spanish Aut. Com and USA Tragsa 2007 and Aut. Com. Price lists Tragsa 2007 Price lists Tragsa 2007 Price lists Tragsa 2007 and Aut. Com. Price lists Tragsa 2007 and Aut. Com. Price lists Tragsa 2007 Price lists

32 RESULTS OF THE MODEL Alphanumeric results Cartographic results

33 Alphanumeric results Economic value of the environmental damage (Art. 33 Royal Decree) Selection of remedial measures Factors that affects the remedial technique to apply: -DamagingAgent - Features of the receptor Factors that affects the length of the remediation: -RemedialTechnique - Features of the receptor

34 Alphanumeric results: Matrixes RECEPTOR FEATURES Remedial Technique M1 AGENTS X Cost /u.f. Primary RECEPTOR FEATURES Duration M2 TECHNIQUE X Time required REA CMP CPL

35 Alphanumeric results: Decission Trees Assign a remedial technique of each combination damaging agent receptor features Example. Decission Tree to assign remedial techniques of damages caused by non-halogen OVC Accesibility Biodegradable matter Protected area Permeability Remedial Technique No Irrevirsible damage Non accesible Yes Natural recovery Damage by nondegradable halogen OVC on soil Accesible Yes High Low Technique 1 Technique 2 No High Technique 3 Low Technique 4

36 Alphanumeric results: Techniques Soil remedial techniques (chemical damages) Technique Biopiles Enhanced Biorremediation Oxidation/Chemical Reduction Solidification/Estabilitation Landfarming Natural recovery Cost ( 2010 /t) 135,49 52,11 343,95 299,00 52,11 0,00 Recovery timeframe (years) 0,75 2 0,25 0,5 0,75 3

37 Alphanumeric results: Techniques Costs to take into account: Prevention and avoidance Remedial (primary, compensatory and complementary) Budget calculation: Base costs (exploitation costs) C.I (6%) + C.C (1%) = PE PE + consultancy costs = PEM PEM + S.S (1,5%) = PG PG + G.G y B.I (19%) = PEC PEC + contingency security margin (20-40%) = PT s/iva PT s/iva + IVA (18%) = PT c/iva

38 Cartographic results Remediation cost maps Digital format: raster National Scope Resolution: 1 hectare Units: euros/units resource They represent the estimated cost for the remediation of one resource unit in each píxel of the national territory Reference grid: Valuation of Spanish Natural Assets (VANE) (MARM, 2010)

39 Cartographic results SAMPLE 1: Accesibility map based on the slope

40 Cartographic results SAMPLE 2: Map of distance to the nearest road

41 Cartographic results SAMPLE 3: Map combining the variables for soil chemical damages

42 Cartographic results SAMPLE 4: Map for the remediation of the damaged caused by inorganic substances to soil. Primary remedial measure

43 Cartographic results SAMPLE 5: Map for the remediation of damage caused by the infiltration of explosive substances into the aquifer. Primary remedial measure

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

45 CONCLUSIONS MORA is a monetization tool for environmental damage (primary, compensatory and complementary remediation costs) Environmental Liability Supply Model 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

46 More information about MORA methodology on: Environmental Liability Supply Model

47 1. LEGAL FRAMEWORK 2. TECHNICAL COMMISSION ON THE PREVENTION AND REMEDIATION OF ENVIRONMENTAL DAMAGE 3. ENVIRONMENTAL LIABILITY SUPPLY MODEL (MORA) 4. VALUATION OF SPANISH NATURAL ASSETS

48 VANE project VANE: Valoración de los Activos Naturales de España Valuation of Spanish Natural Assets Objective I Natural services identification and creation of physical models of value assignment. Determination of its value for all the territory Objective II Development of a Land Information System of natural capital in order to obtain value maps for each of the considered ecosystems services

49 VANE project Carrying out effective methods to determine the economic value of ecosystems goods and services Optimization of decision-making processes on environmental management A reference for alternative uses of natural resources appraisal More available information about benefits that environmental services provide to society Decision-making support on land management and public policy development Consideration of positive and negative externalities in national accounts

50 Ecosystems goods and services SUPPLY Food Freshwater Wood, fiber and fuel Biochemical and pharmaceutical products Genetic resources SUPPORT Nutrient cycling Soil formation Primary production REGULATION Climate regulation Flood control Disease control Erosion control Water purification Pollination CULTURAL Aesthetic Spiritual Educational Recreational activities

51 Results. Erosion control

52 Conclusions Valuation model of goods and services provided by Spanish ecosystems nationwide Minimum-assessment, preserving the conservation principle Value duplications have been avoided in ecosystem services assessment Involves a comprehensive assessment of ecosystem services that are provided in a given time (snapshot)

53 VANE in Spanish Environmental Liability Law Context Identification of ecosystems services Natural resources assessment methodology Social value of ecosystem services Mapping results in digital version 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

54 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

55 10th National Experts Meeting on ELD Brussels. November, 7th 2011 IMPLEMENTATION OF THE ELD IN SPAIN LEGAL FRAMEWORK AND TECHNICAL SOLUTIONS THANK YOU VERY MUCH FOR YOUR ATTENTION Isaac Sánchez Navarro Technical Advisor General Directorate of Environmental Quality and Assessment Ministry of the Environment and Rural and Marine Affairs