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For Internal Use Only
Office of International Activities
Environmental Protection Agency
May, 1976
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\ ? UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
V.w«^ WASHINGTON. D.C. 20460
May 19, 1976
MEMORANDUM
TO: EPA Staff
FROM: Division of Visitors and Information Exchange
Office of International Activities
SUBJECT: Attached Report on Spain
Attached is a report on Spain, sixth in a series of back-
ground country papers for EPA staff involved in international'
activities. Earlier reports covered national environmental pro-
grams in Japan, Luxemburg, Belgium, Great Britain and the
Netherlands. Other reports will be:
ASIA
Australia
EUROPE
Austria
Denmark
France
Germany (Federal Republic)
Ireland
Italy
New Zealand
Norway
Sweden
Switzerland
NORTH AMERICA
Canada
The country profiles, together with our monthly bulletin —
"Summaries of Foreign Government Environmental Reports", are
to inform EPA staff about national environmental efforts
abroad. Suggestions on improving the format or contents of
the reports are welcome. Please call Dolores Gregory
(202-755-0560).
Attachment
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PREFACE
This is a brief report on the organization and management
of environmental activities on the national level in Spain.
Reports on Japan, Luxemburg, Belgium, Great Britain and the
Netherlands have already been distributed, similar reports on
other countries will be available soon. These reports, which
are background papers for EPA staff involved in international
activities, are not for distribution outside the Agency.
Emphasis is on policy and regulatory functions of national
environmental agencies. Research and development, often under
the auspices of other departments, for example, science and
technology, are not covered in these reports.
Source documents" for the reports, received under the
International Documents Exchange, are available in the EPA
Headquarters Library. English summaries of the foreign docu-
ments are published in the monthly bulletin "Summaries of
Foreign Government Environmental Reports."
Office of International Activities
May, 1976
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TABLE OF CONTENTS
Page
I. National Organization for Environmental Control 1
11. Environmental Laws 8
111. Standards 13
IV. Enforcement Procedures 16
V. Interrelationships Between Government and Industry 20
Reference Notes 22
Bibliography 24
ill
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ENVIRONMENTAL CONTROL IN SPAIN
I. National Organization for Environmental Control
overall government structure
Spain is a monarchy whose present Head of State, King Juan Carlos
de Borbon, succeeded to the throne after the death of General Francisco Franco
in late 1975. Although Spain has no formal constitution, government powers
and structures are regulated in a series of fundamental laws and charters,
culminating in the 1967 Organic Law of State. Under this law, the Head of
State is the supreme representative of the nation, personifies national sover-
eignty, and exercises supreme political and administrative power.
The Head of State selects a President of the Government from a list
of nominees submitted to him by the Council of the Realm, an important advisory
body presided over by the President of the Parliament and consisting of repre-
sentatives of a wide range of Spanish institutions, including the Church, the
military and the judiciary. Together, the Head of State and the President of
the Government, as advised by several consultative bodies, particularly the
Council of State, the highest consultative body in matters of government and
administration, exercise executive powers through the Council of Ministers
(the Cabinet), whose members are appointed by the Head of State on the recom-
mendation of the President.
The unicameral parliament (the Cortes) consists of 750 elected and
appointed members. Its chief function is the elaboration and approval of
legislation submitted to it by the executive.
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national environmental control agency
Environmental matters, often treated as aspects of public health
administration, are among the concerns of many governmental bodies, nearly all
executive ministries and several intermlnlsterial commissions having some share
in the administration of the numerous environmentally related laws. In order
to ensure unity of action among these numerous agencies, a decree promulgated
on April 13, 1972 by the President of the Government created the Delegate Com-
mission for the Environment and the Intermlnlsterial Commission for the Environ-
ment. The Delegate Commission is a superior government organ composed of from
14 to 19 cabinet members and, as an ex officio instrument of the cabinet, is
empowered to supervise, coordinate and regulate the environmental activities of
the central government ministries as well as of the provincial and local governments.
Serving as the working group for the Delegate Commission for the Envi-
ronment is the Intermlnlsterial Commission for the Environment (Commission Inter-
mlnlsterial para el Medio Ambiente - CIMA). (See organizational chart, p 2a.)
The July 21, 1974 Decree 2216 reorganized and expanded the membership of CIMA,
and the February 6, 1976 Decree 182 promulgated further administrative changes
within the government affecting the organization of CIMA. At present, CIMA
consists of a plenary committee of 22 members and a standing committee of 11
members to which are responsible seven committees, each concerned with a speci-
fic area of environmental protection, namely: urban environment, protection
of the atmosphere, protection of inland waters, protection of marine waters,
protection of nature and rural areas, environmental sanitation, and international
relations. The President of CIMA is the Minister of the Presidency of Government
and its Secretary is the Director General of Environmental and Territorial Plan-
ning, under the Minister of the Presidency of the Government. Under this
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DELEGATE CQHAISSI04 FOR THE [HI RONNEKT
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Ui1
IbwIb| *nd
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Syndic*!
Organlaaiions
Ihtckhinisterial Covhssim ran tki Envuowirirr (CIRA)
fniUnr PUeUur of
tbt fruKwty of ctM
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telentlfie toaatch Cooacll
Director af tW liltiui
Aaroaaaalntow
latmirr. Olrrciof Caoarel of
tevlroiwat and Territorial Planing
Stand In* Co^ittee
DLrcccor Gancral of Local lUainUttat loA
01r#cior Cvnvral of Urban Affair*
I CoaKtat for Protection of
* the Urban BnvlfQfuwnt
Secretary CnaraJ of tba Ualitry of
Interior
!(Ca« fot Proteetlwi of
tha Afoapftara
Director General of Waterwrba
Ccmittn for Protectloo of
I Inlaid Harare
¦ ¦ j Subeeeretar} of ihrMerchant Marina
Ormltte* for Protection of
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Dlractor of tba tat 1 octal Inatltuta for
batwra Ctournl too
CoHdctM for Protection of
Mature Araaa
Director Ceeeral of Sanitation
CmMIIm for Invlrofiarsttl
Sanitation
Director Central of International
9t|0iutlont and CMftraMti
itria* fvr Intemat lona
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f»<* National D*»«lopMoi Plan of t n* De!*i£"»-
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administrative structure, legislation formulated by CIMA is prepared and promul-
gated through the Ministry of the Presidency of the Government.
agencies for the control of vater pollution
Because vater is a scarce resource in Spain, the country has long been
preoccupied with water supply and quality. For more than a century numerous
agencies have been concerned with vater management and, for this reason, the
present administrative organization of water pollution control is complex and
fragmented.
The Ministry of Public Works has the primary responsibility for the
administration of surface inland waters, vhile the Hydrographlc Confederations,
created in 1926 as autonomous agencies and later put under the jurisdiction of
this ministry, are responsible for regional water use planning throughout Spain.
Also falling under the aegis of this Ministry are the Central Water Commissary
and the regional Water Commissaries (one for each watershed), which are generally
responsible for inland vater pollution control, water conservation, the inspec-
tion and policing of public watervays, and the delegation of vater use conces-
sions. The Ministry's Geological Service and Pollution Control Service conduct
pollution control research and formulate technical plans for the future control
1*
of vater pollution and treatment of wastewater. The Director General of Water-
works in this Ministry is a CIMA Standing Committee member and presides over
CIMA'8 Committee for the Protection of Inland Waters.
The Ministry of Interior plays an important role in eliciting and
setting conditions on local ordinances and regulations dealing with water pollu-
tion control. Within this Ministry, the General Directorate of Sanitation is
*A11 reference notes will be found beginning on page 22.
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responsible for controlling water pollution as it affects public health. The
Director General of Sanitation is a CIMA Standing Committee member and presides
over the Committee for Environmental Sanitation. Administered by the Ministry
of the Interior, but actually interministerial in character, is the Central
Sanitation Commission, which is responsible for the improvement of sanitary
conditions within the municipalities, its primary concerns being water supply
2
quality, sewage disposal and wastewater treatment.
The Ministry of Industry has broad jurisdiction in controlling waste-
water discharges from industrial and mining activities, and is responsible for
the administration of underground waters, while specific functions in water pollu-
tion control are also among the functions of the Ministry of Agriculture, the
Ministry of Information and Tourism, the Ministry of Housing, the Geological and
3
Mining Institute and the Nuclear Energy Board.
Marine pollution control is among the functions of the Ministries of
Commerce, the Navy, Public Works, Finance, Industry and Information/Tourism.
The Subsecretary of the Merchant Marine within the Ministry of Commerce is a
CIMA Standing Committee member, presiding over the Committee for the Protection
4
of Marine Waters.
agencies for the control of air pollution
Because high levels of air pollution in Spain are relatively recent
and localized phenomena, the administration of air pollution control has a shorter
history and is not as fragmented as that of water pollution control.
Comprehensive laws and regulations recently developed by the Inter-
ministerial Commission for the Environment and promulgated through the former
Ministry of Development Planning designate the Ministry of Interior as the agency
responsible for monitoring, evaluating and studying air pollution in cooperation
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with local governments. Under the general supervision of this Ministry, the
provincial civil governors and town mayors are given a wide range of responsi-
bility and authority in passing local pollution control ordinances. Further-
more, within this Ministry's General Directorate of Sanitation is the National
Center for Monitoring and Studying Pollution, which operates a national pollution
monitoring network.^
The Ministry of Agriculture and the Ministry of Industry are respon-
sible for formulating technical air quality standards for industrial activities
falling under their respective jurisdictions, and the latter ministry's Service
for Pollution Control plays an important role in developing antipollution tech-
nology and disseminating information to the public and to interested parties.
The Ministry of Public Works is responsible for controlling air pollu-
tion caused by public works projects, port and shipping activities, earth moving
activities, construction and similar activities.^
other program areas (noise, radiation, pesticides, solid wastes)
Measures for the control of noise nuisances are a responsibility of
local governments, which have Issued noise control ordinances applicable to
stationary noise sources as well as to traffic circulation. With regard to
the manufacture of vehicles, the Ministry of Industry, through the Iron and
Steel Industries Board, is responsible for specifying and enforcing noise emis-
sion controls.
The General Directorate of Sanitation of the Ministry of Interior and
the Nuclear Energy Board of the Ministry of Industry work in cooperation to pre-
vent environmental contamination by ionizing radiations. The Commission for
Protection against Ionizing Radiations, under the General Directorate of Sani-
tation, advises in matters concerning radioactive contamination, while the
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Nuclear Energy Board is basically responsible for developing nuclear energy
programs and promulgating regulations and standards for nuclear energy installa-
tions.
The Ministry of Agriculture, as the agency generally responsible for
the protection of soil, wildlife, forest resources and the national patrimony,
formulates and enforces regulations concerning the sale and use of pesticides.
It is assisted in this regard by the General Directorate of Sanitation of the
Ministry of Interior, which prepares reports on the toxicity to man of various
phytopharmaceutical products.
The Ministries of Industry, Interior, Public Works, Agriculture and
Housing, working in cooperation with local governments are responsible for the
various aspects of solid waste disposal under their respective jurisdictions.
national, provincial and municipal relationships
There are two levels of government comprising Spanish local adminis-
tration, the provincial and the iminicipal, both of which are effectively con-
trolled by the central government through the Minister of Interior (Ministerio
de Gobernacion). The 50 provinces are governed by civil governors, appointed
by the Council of Ministers on the nomination of the Minister of the Interior.
Mayors of municipalities with a population of over 10,000 are also appointed by
this Ministry, while mayors of smaller jurisdictions are appointed by the civil
governors. The provincial councils (diputaciones) and town councils (ayuntamien-
tos), elected by limited suffrage, have some autonomy but are responsible to the
civil governors and town mayors respectively.
Provincial and municipal governments are responsible for creating the
ordinances and regulations necessary for the implementation of national environ-
mental legislation. In addition, these governments are empowered to create their
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own environmental agencies as conditions dictate, examples of such organizations
being the Commission for the Protection of Nature and the Environment of the Pro-
vince of Valencia and the Air Pollution Control Department of the Municipality
of Madrid which, among other things, operates an air pollution monitoring network
in that city.^ Local agencies must report their activities to the Ministry of
the Interior.®
Serving as links between central and provincial government are the
Technical Services Commissions, provincial-level organizations which house vari-
ous Delegate Commissions representing the central government and comprised of
both provincial and central governmental officials. Of importance in the en-
vironmental area are the Delegate Sanitation Conmissions, which represent the
Central Sanitation Commission of the Ministry of Interior and which deal with
sanitation problems within the province. Similar administrative procedures may
9
also be employed on the municipal level. For example, in early 1975, the cen-
tral government, concerned about unprecedented levels of air pollution In Madrid,
established the Special Commission for the Study and Resolution of Pollution
Problems in Madrid. This Commission is presided over by the Mayor of Madrid,
but its membership includes environmental authorities from both central and local
government agencies.
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II. Environmental Laws
overall legislative system
Legislation is initiated within the Council of Ministers, where it
is put into more or less final form. Drafts of laws and decrees are submitted
to the Cortes for appropriate comment or elaboration, but no provisions are
made for the initiation of legislation within this body. Legislation can enter
into force only upon receiving the signature of the Head of State. In the event
of war or of an emergency, the executive may act through decree-laws which are
later ratified by the Cortes.
environmental laws
Since Spanish laws dealing with the environment are not only numerous
but also fragmented in their approach, one of the first tasks assigned to the
Inteministerial Commission for the Environment was the compilation of all laws
and regulations applicable to various aspects of environmental protection. This
resulted in the publication of an annotated chronological collection of 150 laws
and regulations pertaining to air and water pollution alone.^ Much of this
legislation deals with the creation, duties and organization of the various
environmental agencies discussed above, while other legislation sets forth
environmental standards and details enforcement procedures for environmental
control. The most important of these laws are discussed below.
general
The most comprehensive legislation applicable to environmental matters
in general is the November 30, 1961 Decree Approving the Regulation on Nuisances,
Unhealthy, Toxic and Dangerous Activities, as supplemented by the March 15, 1963
Order and the August 16, 1968 Decree of the Ministry of Interior, the purpose of
which is to prevent any sort of activity from endangering life or property or
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contributing to the deterioration of the normal state of the environment. Major
provisions establish criteria for: the location of industrial plants, classifi-
cation of and standards for installations, the control of industrial growth, and
the imposition of fines on contraveners. The 1961 Decree provides for enforce-
ment through the licensing of any activity classified as a nuisance, unhealthy,
toxic or dangerous and, while retaining rainicipal jurisdiction over such activi-
ties, contains provisions for central government intervention to coordinate
activities or provide guidance through the Provincial Technical Services Commis-
12
sion and the civil governors.
water pollution laws
In addition to the provisions applicable to water pollution contained
in the Regulation on Nuisances, Unhealthy, Toxic and Dangerous Activities, there
are many other laws and regulations dealing with water pollution, the most impro-
tant of which are summarized below.
The July 13, 1879 Water Law was the first basic law applicable to the
control of water pollution. It obligates landowners to drain areas which are
declared unsanitary, gives civil governors the authority to suspend industrial
activities which may adversely affect water quality, and empowers the government
to monitor privately owned lands to ensure that measures are taken to protect
13
public health.
The November 16, 1900 Decree, containing regulations on water pollution
and the filling of public waterways, sets forth penalty procedures and formulas
14
for water purification, under the jurisdiction of the civil governors.
The February 20, 1942 Stream Fish Law, with its subsequent regulations,
15
provides for the protection of stream fish against all types of water pollutants.
The November 14, 1958 Decree on the Policing of Water and Waterways, as
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amended by a March 23, 1960 Order, outlines regulations and responsibilities
16
concerning the control and monitoring of polluting industries.
air pollution legislation
The basis for a general nationwide environmental policy regarding air
pollution control is contained in Law No. 38 on the Protection of the Atmospheric
Environment Against Pollution, which was formulated jointly by the Ministry of
Industry and the Inteministerial Commission for the Environment and signed into
law by the Head of State on December 22, 1972. This law sets up the basic frame-
work for the comprehensive control of all types of air pollution.^ Several
regulatory decrees pursuant to this law were promulgated in late 1974 and early
1975.
The August 9, 1974 Decree No. 3025 on the Limitation of Atmospheric
Pollution Caused by Motor Vehicles, promulgated by the Ministry of Development
Planning, assigns administrative responsibilities and sets comprehensive stan-
18
dards and procedures for the control of vehicle emissions.
The February 6, 1975 Decree No. 833 on the Regulation of the 1972 Law
on Protection of the Atmospheric Environment, promulgated by the Ministry of
Development Planning, represents the most comprehensive regulations under the
1972 Law. Technical standards for air quality and emission levels are set
forth, types of potentially polluting activities and principal air pollutants
are listed, areas of administrative responsibilities of national and local
governments are delineated, and the functions of the National Network for
19
Monitoring and Controlling Air Pollution are described.
The March 20, 1975 Decree No. 795, promulgated by the Ministry of
Finance, pursuant to Article 11 of the 1972 Law, provides for initial economic
assistance to certain industries in their efforts to control atmospheric
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pollution arising from their operations.
These new air pollution regulations contain provisions for a system
of monitoring and sanctions against offenders and allow for the modification of
provisions, if necessary, to accommodate new developments in industrial growth
and technological progress. Contrasting provisions of older laws are abrogated,
and the nomenclature and specifications concerning air pollution as contained
in the 1961 Regulation on Nuisances, Unhealthy, Toxic and Dangerous Activities
must be modified to correspond with the provisions of the new regulations.
legislation in other program areas (noise, radiation, pesticides, solid wastes)
The 1972 Law on the Protection of the Atmospheric Environment Against
Pollution defines noise vibrations and the presence of ionizing radiations as
forms of air pollution, but pertinent regulations pursuant to the Law have not
yet been Issued. At present the basic measures controlling these types of pol-
lution are those discussed below.
The November 30, 1961 Decree Approving the Regulation on Nuisances,
Unhealthy, Toxic and Dangerous Activities and the supplemental August 16, 1968
Decree of the Ministry of Interior require local governments, under the super-
vision of the Ministry of Interior, to promulgate ordinances and take measures
to control ambient noise levels.
Provisions specifically designed to control noise produced by vehicles
are contained in Articles 90 and 210 of the Traffic Code, which require vehicles
21
to be equipped with properly working mufflers, and in the July 10, 1965 Order
of the Presidency, which fixes maximum noise emission levels for certain classes
of vehicles and also contains provisions relating to: the inspection of vehicles;
noise control devices in vehicle manufacture; fines against violators of noise
regulations; and the enforcement of vehicle noise control by the Ministry of
22
Industry and the traffic authorities.
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The April 29, 1964 Nuclear Energy Law contains basic provisions for
23
preventing radioactive contamination of the environment. This law enumerates
the responsibilities of the General Directorate of Sanitation and the Nuclear
Energy Board, and Chapter IV sets forth prescribed safety measures to prevent
contamination from nuclear installations. Further regulations and standards
for nuclear installations are contained in the July 21, 1972 Decree of the Min-
istry of Industry.^
Provisions for preventing pollution by pesticides are found primarily
in health safety regulations controlling the sale and use of phytopharmaceutical
products. The February 23, 1965 Order requires the Ministry of Agriculture to
classify phytopharmaceutical products into three categories according to their
toxicity and further stipulates that before registering any such product the
Ministry of Agriculture is to apply to the General Directorate of Sanitation of
25
the Ministry of Interior for a report on the toxicity of the product to man.
Products registered as highly dangerous may be bought and used only by duly
authorized enterprises.
Except for certain stages in the cultivation of olive crops, the use
of DDT-based pesticides in food crop treatment is prohibited by the March 22,
If*
1971 Order of the Ministry of Agriculture. This order also sets forth certain
other administrative controls on the sale and use of DDT-based pesticides.
The November 19, 1975 Law 42 on Municipal Solid Wastes sets up the
legislative framework to provide for the proper collection, disposal and, in
some cases, the recovery of municipal solid wastes, and to prevent these opera-
tions from having any negative impact on the environment. This law will be
27
followed in the near future by a Decree developing its clauses.
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III. Standards
water standards
The most current water quality and effluent standards are contained
in the November 30, 1961 Decree Approving the Regulation on Nuisances, Unhealthy,
Toxic and Dangerous Substances, which stipulates that wastewater discharges from
any installation or activity must meet the following standards:
1) suspended particulate matter must comprise no more than 30 mg/liter;
2) biochemical oxygen demand, measured after five days at a temperature
of 20°C must not exceed 10 mg/liter;
3) after seven days of discharge at a temperature of 30°C, no disagree-
able odor may be present;
4) pH must be between 6 and 9;
5) no discharge may raise ambient water pollution levels above the
following levels for the following substances:
substance permissible content in mg/liter
lead
0.10
arsenic
0.20
selenium
0.05
chromium (hexavalent)
0.05
chlorine
1.50
hydrocyanic acid
0.01
fluorides
1.50
iron
0.10
manganese
0.05
carbolic acid compounds
0.001
copper
0.05
air standards
Technical standards and formulas for determining acceptable concentra-
tion levels for polluting agents in the ambient air are contained in Annex I to
the February 6, 1975 Decree No. 833 on the Regulation of the 1972 Law on Protec-
tion of the Atmosphere. Principal polluting agents are listed as: sulfur oxides,
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carbon monoxide, nitrogen oxides, hydrocarbons, particulate matter and smoke.
Special polluting agents are listed as: lead, chlorine, hydrogen chloride,
flourine compounds, hydrogen flourides, hydrogen sulfide, carbon sulfides and
sedimentary particulates. Criteria are also presented for designating contam-
inated zones and declaring states of emergency when the levels of pollutants
in the ambient air exceed certain levels.
Annex IV of the February 6, 1975 Decree No. 833 on the Regulation of
the 1972 Law on Protection of the Atmosphere sets forth standards establishing
maximum permissible emission levels for the various polluting agents emitted
from the following types of activities: heating plant operations, industrial
combustion, solid waste incineration, iron production, non-ferrous metallurgy,
the iron alloy industry, petroleum refinery operations, lime production, cement
production, the ceramics industry, glass and mineral fiber production, the asphalt
industry, sulfuric acid production, nitric acid manufacture, the fertilizer
industry, calcium carbide production, lampblack production, the aluminum industry,
chlorine production, arsenic production, antimony production, cadmium production,
the pulp and paper industry, viscose production and related processes, sludge
incineration, and various miscellaneous activities. Different emission standards
are set for existing and new installations, and more strenuous standards pro-
jected for 1980 are set for all installations.
Emission control standards for motor vehicles are contained in annexes
to the August 9, 1974 Decree No. 3025 on Limitation of Atmospheric Pollution
Caused by Motor Vehicles. Annex I prescribes testing procedures, equipment and
conversion factors for measuring carbon monoxide emissions from motor vehicles
with spark-ignited motors (with the exception of two- or three-wheel vehicles
weighing less than 400 kilograms or having a maximum velocity of less than 50
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kilometers per hour). Carbon monoxide content in the exhaust of an idling motor
(ralenti test system) is not to exceed five percent of the exhaust volume measured
at 15° to 20°C and at 750 to 769 millimeters of atmospheric pressure.
Annex II sets forth procedures for measuring the opacity of exhaust
smoke from diesel motor vehicles and establishes standards for the opacity of
such emissions. Further standards for diesel motors are contained in the Min-
istry of Industry Order of February 28, 1975, which requires that all diesel
motors be fitted with a reinforced seal in fuel injection pumps by October 1975.
local air quality standards
Even before the passage of the 1972 Law on Protection of the Atmo-
spheric Environment, high levels of pollution in cities such as Madrid and
Barcelona had prompted the promulgation of local air quality standards in muni-
cipal ordinances, such as the 1968 Regulatory Ordinance for Municipal Action
Against Air Pollution in Madrid. The new national law requires that local
legislation be amended, where necessary, to conform to the minimum require-
ments of national air quality and emission standards. Municipal governments
without local air pollution laws are required to promulgate such laws contain-
ing standards as strict or stricter than those found in national laws.
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IV. Enforcement Procedures
overall court system
The Spanish judicial system is based on the civil, penal, commercial
and labor codes as well as on the codes of civil and criminal procedures. In
addition to ordinary courts, which try civil, criminal, administrative and
labor cases, there is a military court system with a wide range of jurisdiction
in the broadly defined area of national defense. Litigation involving environ-
mental matters can be resolved in the civil, criminal or administrative courts
of the ordinary court system.
At the apex of the ordinary court hierarchy is the Supreme Court (Tri-
bunal Supremo), which serves as a court of cassation for civil actions, a court
of criminal appeal, and a court of administrative and labor affairs. Next in
the judicial hierarchy are the 15 Territorial Courts (Audiencias Territoriales),
which serve as courts of second instance in civil matters; the 50 Provincial
Courts (Audiencias Provinciales), in which criminal cases are tried and which
serve as appellate courts for administrative litigations against local govern-
ment laws; and the approximately 500 Courts of First Instance (Juzgados de
Primera Instancia) for civil cases. Lower courts are the Municipal Courts,
District Courts and Courts of Peace, which hear minor civil issues and cases
involving petty offenses.
enforcement mechanisms to control
The major means for enforcement of environmental legislation in Spain
is the licensing system provided for in the 1961 Regulation on Nuisances,
Unhealthy, Toxic and Dangerous Activities, which requires municipal governments,
in cooperation with the Provincial Technical Services Commissions and the Civil
Governors, to establish a procedure for licensing, classification, review and
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inspection of all activities classified as nuisances, unhealthy, toxic or dan-
gerous. Any such existing "activity" must be licensed to continue operations
and, if licensed, must meet the standards set forth in regulations within speci-
fied time periods. An industrialist who wishes to initiate a new activity or
expand an existing one must submit a project report to the municipal government,
which then considers the project, making a copy of the report available to
local residents for comment. If the project is given municipal approval, it
is submitted to the Provincial Technical Services Commission for classification.
Other provincial agencies also review the proposed activity for appropriate
action or comment, but it is the municipal government which ultimately grants,
refuses, or grants conditionally the requested license.
If an industrialist objects to a municipal resolution refusing a
permit for a new activity, he may enter an administrative appeal in the provin-
cial court. On the other hand, if a third party wishes to contest the establish-
ment of any such activity, he may also enter his complaint before an adminis-
trative court, appealing for revocation of the license.
Responsible parties who do not meet dictated specifications within the
allotted time period or otherwise contravene the provisions of these regulations
are liable to fines, closure of installations, or revocation of licenses. Court
proceedings are initiated only when the responsible party refuses to admit his
culpability in the violation of these regulations.
In addition to the administrative enforcement procedures described
above, the new air pollution regulations contained in the February 5, 1975
Decree No. 833 on the Regulation of the 1972 Law on Protection of the Environ-
ment, refine the system of industrial permits to accommodate air quality and
emission standards. Industries must comply with these standards before being
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issued a permit for the establishment, modification or transferal of any poten-
tially polluting activity. Additional enforcement mechanisms prescribed in the
Decree include a rigorous system of monitoring, inspection and penalizing, where
necessary, of air pollution sources, as well as special enforcement procedures
applicable to contaminated zones or to situations in which a pollution emergency
has been declared.
Certain areas may be declared contaminated zones by the Council of
Ministers upon the recommendation of local government and civil governors.
Stricter air quality and emission standards are applicable in these areas, and
use of better quality fuel for industrial combustion may also be required as
well as a limitation on or better distribution of industrial activities.
Areas frequently suffering high levels of air pollution are required
to adopt plans of action for emergency proceedings. The civil governor, rely-
ing on meteorological data received from the National Network for Controlling
and Monitoring Air Pollution, is responsible for declaring a state of emergency
and is authorized to impose special limitations on industrial activity and on
traffic circulation.
The Ministry of Industry and those local agencies with which it col-
laborates are responsible for enforcing emission standards contained in the
August 9, 1974 Decree No. 3025 on Limitation of Atmospheric Pollution Caused by
Motor Vehicles. In addition, traffic authorities are empowered to detain on sight
and to test any vehicle suspected of noncompliance with emission standards.
penalties
Under the February 5, 1975 Decree No. 833, authorized agents of
national and local governments are to inspect polluting installations at least
once a year. Enterprises found to be in contravention of the regulations,
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contained in the Decree are subject to fines and/or shutdowns as well as to
special continued surveillance. Minor infractions carry, fines of up to 50,000
pesetas, while fines for major infractions range from 50,000 to 500,000 pesetas.
The exact penalty is to be determined by the competent national or local author-
ity after consideration of such factors as the nature, gravity, intentionality,
and recurrence of the offense as well as of the economic capacity of the penal-
ized enterprise to sustain the fine.
Vehicle owners convicted of infractions under the August 9, 1974
Decree No. 3025 on Limitation of Pollution Caused by Motor Vehicles are subject
to fines ranging from 250 to 500 pesetas for minor infractions, 1,500 to 3,000
pesetas for serious infractions, and 3,000 to 5,000 pesetas for very serious
infractions. Furthermore, vehicles are subject to stricter standards and higher
fines in contaminated zones and during states of emergency.
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V. Interrelationships Between--Government and Industry
Although Spain traditionally has been an agricultural country, the
portion of the population engaged in agricultural pursuits dropped from 42%
to 28% during the period 1960 to 1970, and by the early 1970's industry accounted
for about 35% of the total national output. Major Spanish industrial activities
include the production of textiles, especially cotton and woollen goods, and
paper, cork and cement production. Shipbuilding is also of major importance,
Spain now being the world's third largest shipbuilding nation. Other important
Industries are engaged in the production of steel and other metals, chemical
and fertilizer production, oil refining, and automobile and aircraft production.
Although there are some large manufacturing concerns, Spanish industry consists
primarily of small firms.
general relationships between government and Industry
The Spanish government exercises a strong influence over the economy.
Not only are many vital services such as railways, hotels and connnunication ser-
vices state-owned, but the government, through the Instituto Nacional de Indus-
tria, has large holdings of ordinary shares in industries covering the whole
range of the economy, including coal, basic steel, petroleum and petrochemicals,
and automobile manufacturing. The government has also traditionally subsidized
certain industries.
relationships between government and industry in environmental matters
Until recently there has been a general lack of direct industrial
28
participation in environmental protection efforts. Therefore, recent environ-
mental legislation, besides requiring compliance with air quality and emission
standards, also contains provisions designed to promote industrial cooperation
in this area. Regulations promulgated under the Law on the Protection of the
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Atmospheric Environment, for example, require that industrial establishments
with more than 250 employees work in cooperation with a research service for
29
resolving or preventing air pollution problems caused by their operations.
The government also encourages industrial cooperation in air pollu-
tion control by offering economic assistance to certain Industries. The
March 20, 1975 Decree No. 295 stipulates that, upon meeting specified condi-
tions , industrialists in contaminated zones or those under legal obligation
to install antipollution devices, may solicit economic assistance from the
Ministry of Finance. This assistance may take the form of loans, subsidies
or tax incentives.
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Reference Notes
Numbers in brackets following entries are the identification numbers assigned
to documents which have been abstracted for the Foreign Exchange Documents
Program of the E.P.A. Office of International Activities. Copies of documents
are filed under these numbers at the E.P.A. Headquarters Library in Washington,
D.C.
1. Miguel A. Arroyo Gomez. Admlnistracion y Medio Ambiente en Espana.
(Madrid, undated), pp 23-24. [ID #01134A]
2. ibid., p 25.
3. ibid., p 25-27.
4. ibid., pp 21-22, 27-28.
5. "February 6, 1975 Decree No. 833 on Regulating the 1972 Law on Protection
of the Atmospheric Environment Against Pollution." Boletln Oficial del
Estado, (Madrid), April 22, 1975, p 8392. [ID //01133F]
6. ibid.
7. "45 Stations Take Daily Atmospheric Pollution Samples," ABC, (Madrid),
June 6, 1974, pp 57-58. [ID 0O2185A]
8. Leyes de Admlnistracion Local (Codigos y Leyes Espanoles), (Madrid, 1957),
p 12.
9. Arroyo Gomez, op. cit., p 22-23.
10. "Pollution in Madrid, Extremely Grave Levels, Government Has Required the
Municipality to Conduct a Study of Emergency Anti-Pollution Measures."
ABC, (Madrid), January 10, 1975, pp 15, 37-38. [ID //02655A]
11. Comision Interministerial del Medio Ambiente. Recopilacion de las
Disposiciones Adoptadas sobre el Medio Ambiente, (Madrid, 1972). [ID #01159A]
12. "November 30, 1961 Decree Approving the Regulation on Troublesome, Unhealthy,
Harmful and Dangerous Industries." In: Editorial Aranzadi , cotnp.
Reportorio Cronologico de Legislaclon, (Pamplona, 1961), pp 1416-1428.
[ID //01125A]
13. "June 13, 1879 Water Law." Coleccion de Decretoa, vol. 122, pt. 2 (1879),
pp 1166-1218. [ID //01140A]
14. "November 16, 1900 Decree Approving the Regulation Concerning Pollution and
Infection of Public Waters...." Legislacion y Disposiciones de la
Admlnistracion Central, vol. 8, pp 741-750. [ID //01141A]
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15. "February 20, 1942 Stream Fish Law." In: Repertorlo Cronologlco de
Legialacion (Pamplona, 1942), pp 294-302.
16. "November 14, 1958 Decree Approving the Regulation on Policing Waterways
and Their Sources." In: Editorial Aranzadi, comp. Repertorlo Cronologlco
de Legialacion (Pamplona, 1958), pp 1630-1635. [ID #01142A]
17. "December 22, 1972 Law No. 38 on Protection of the Atmospheric Environment
Against Pollution." In: Editorial Aranzadi, comp. Repertorlo Cronologlco
de Legislacion (Pamplona, 1972), pp 2770-2775. [ID #01133A]
18. "August 9, 1974 Decree No. 3025 on the Limitation of Atmospheric Pollution
Caused by Motor Vehicles." Boletln Oficial del Estado, No. 267 (November 7,
1974), pp 22625-28. [ID 0O1133C]
19. "February 6, 1975 Decree No. 833 " o£. cit. , pp 8391-8416. [ID 0O1133F]
20. "March 20, 1975 Decree No. 795 Regulating Article Eleven of the Atmospheric
Protection Law." Boletin Oficial del Estado, no. 93 (April 18, 1975),
pp 8042-8044. [ID 0O1133E]
21. Commision Interministerial del Medio Ambiente, o£. cit. , pp 60-61. [ID //01159A]
22. "July 10, 1965 Order Fixing the Highest Admissible Noise Limit3 for
Motorcycles and New and Used Vehicles." Coleccion Legislative de Espana,
(Madrid, 1965), pp 1003-1004. [ID //01135A]
23. "April 29, 1964 Law (No. 25) Concerning Nuclear Energy." Boletin Oficial
del Estado, (Madrid), December 3, 1971, pp 5688-5696. [ID #01139A]
24. "July 21, 1972 Decree (No. 2869/1972) of the Ministry of Industry Approving
the Regulation on Nuclear and Radioactive Installations." Coleccion
Legislative de Espana, (Madrid, 1972), pp 2362-2372.
25. "February 23, 1965 Order Relating to the Sale and Use of Phy^pharmaceutical
Products." Boletin Oficial del Estado, (Madrid), March 3, L965, pp 3286-3287.
[ID //01137A]
26. "November 19, 1975 Law (No. 42) on Municipal Solid Wastes." Boletin Oficial
del Estado, (Madrid), November 21 , 1975, pp 24360-24363. L £D //03532A]
27. "March 22, 1971 Order...on the Use of Agricultural Pesticides Containing DDT."
Boletin Oficial del Estado, (Madrid), March 30, 1971, p 5118. [ID 0O1138A]
28. "Spanish Atmosphere Receives Nearly Six Million Tons of Pollution Annually,"
ABC, (Madrid), September 10, 1974. p 39. [ID //02419A]
29. "February 6, 1975 Decree No. 833...." o£. cit. , pp 8391-84lf>. [ID //01133F]
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Bibliography
Publications that were of significant value in the preparation of
this study and are recommended for those undertaking research on environmental
protection in Spain are listed below.
1. Arroyo Gomez, Miguel A. Administracion y Medio Ambiente en Espana.
(Madrid, undated).
2. Comision Interministerial del Medio Ambiente. Recopilaclon de las
Disposiciones Adoptadas sobre el Medio Embiente. (Madrid, 1972).
3. "November 30, 1961 Decree Approving the Regulation on Nuisances,
Unhealthy, Toxic and Dangerous Activities," Repertorio Cronologico
de Legislacion, 1961.
4. "December 22, 1972 Law no. 38 on the Protection of the Atmospheric
Environment Against Pollution," Repertorio Cronologico de Leglslaclon,
1972.
5. "February 6, 1975 Decree no. 833 on the Regulation of the 1972 Law on
Probection of the Atmospheric Environment," Boletin Oficial del Estado,
(Madrid), April 22, 1975.
6. "August 9, 1974 Decree no. 3025 on the Limitation of Atmospheric
Pollution Caused by Motor Vehicles," Boletin Oficial del Estado,
(Madrid), November 7, 1974.
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