Environmental rules - Spain

Updated 01/2011

Legal requirements

Environment and business

The term environment refers to all those factors enabling the birth and development of life: atmosphere, air, noise, planning, natural areas, water, plants, animals, biodiversity, and so on.

Our very existence as human beings depends on the environment. It is for that reason that we need environmentally friendly sustainable economic development, which respects the lives and economies of future generations. Natural resources need to be used sustainably in order to achieve this objective.

Everyone needs to work together to ensure sustainable economic development: public authorities, businesses, society and individuals.

The environment is present in all economic sectors. It affects all businesses to a greater or lesser extent. All business activities consume natural resources or impact on the environment: agriculture, fisheries, mining, energy, industry, construction or services.

The minimum requirement for businesses in this respect is to comply with the rules laid down by law: respect the pollution limit values imposed on noise or gas emissions, or carry out the associated administrative procedures.

The environmental rules and requirements with which businesses must comply differ depending on their business activity: a farmer or livestock breeder must apply for a licence to extract water; an industry that emits greenhouse gases must have an emission allowance; an entertainment venue must comply with the legislation on noise, and so on.

Businesses can go further than the law requires in terms of their environmental responsibility. They can, on a voluntary basis, take other steps to protect the environment, such as: operate more sustainably; manufacture products that are more environmentally friendly, etc.

Those businesses that are environmentally responsible can profit from this. Their goods and services may be higher quality and better meet the needs of consumers. Such initiatives can generate consumer confidence, prestige and recognition for the business.

In order for businesses to profit from their environmental responsibility, they need to communicate and publicise their actions. One way of doing this is to undergo an environmental audit and obtain an environmental quality certificate.

Eco-Management and Audit Scheme (EMAS)
EMAS and Spain

Authorities

Public actions connected with the environment affect businesses.

This section indicates the various levels of public administration with responsibilities for the environment, and the main areas involved.

Public actions with regard to the environment are carried out at the international, national, regional and local levels.

There are international treaties on the environment, which have been signed by a large number of countries. These include the climate change treaties, such as the Kyoto Protocol and the Cancun Agreements.

Environment and the United Nations
Climate Change and the United Nations

The European Union has powers to adopt legislation and take action when it believes that it is better to act at the European level on water, air, climate change, noise, biodiversity and so on.

In Spain central government represents Spain in the European Union and transposes European legislation into Spanish law. It is responsible for adopting national legislation on the basic and common aspects of the environment.

It can also exceptionally take specific action, where justified by the general interest due to several Autonomous Communities being affected. This is the case, for example, with environmental impact assessments for national public infrastructure projects or the management of certain water authorities which cover several Autonomous Communities.

Ministry of the Environment and Rural and Marine Affairs

The Autonomous Communities (regions) comply with the common legislative framework established by the State. They also adopt supplementary legislation and hold most of the powers in terms of managing the environment. Most environmental procedures are carried out by businesses with the Autonomous Communities, and in many cases these can be completed online.

Andalusia
Asturias (Principality of)
Balearic Islands
Canaries
Cantabria
Castilla and León
Castilla-La Mancha
Catalonia
Valencian Community
Extremadura
Galicia
Madrid (Community of)
Murcia (Region of)
Navarre (Administrative Community of)
Basque Country
Rioja (La)

Local authorities have more limited environmental powers, within the scope determined by the State and Autonomous Community legislation. These include, for example, powers in relation to town planning, refuse collection and recycling, sewerage and noise.

Environment and local authorities: Spanish Federation of Towns and Provinces
Local authorities in Spain: Spanish Federation of Towns and Provinces

Areas

The environmental legislation and public actions cover a wide variety of areas, but particularly the following: water and coasts, air, climate change, planning, biodiversity, environmental impact assessment, waste and packaging. All these rules and actions affect businesses according to their activities.

Environmental responsibility

Businesses are responsible for the environmental damage that their activities cause. Where applicable, they may be required to restore the environment to its prior state.

Environmental Responsibility and the European Union
Environmental Responsibility and Spain: Law No 26/2007 on Environmental Responsibility (Consolidated Text)

Water and Coasts

For certain activities, such as using water for agriculture or industry, dumping waste, constructing physical installations on beaches, or other activities impacting on public waters, coasts or the marine environment, businesses must have the appropriate administrative authorisations and licences.

Water, Coasts and the European Union: Legislation
Water, Coasts and the European Union: European Commission
Water and the Spanish Government
Coasts and the Spanish Government
Water and Spain: Legislation
Coastal Law (Consolidated Text)
Law on the Protection of the Marine Environment
Coasts, the Marine Environment and Spain: Legislation
Water-related procedures that can be carried out online: authorisations, licences, complaints about infringements
Coast-related procedures that can be carried out online

Air and Climate Change

As an example, businesses must comply with limits on gas emissions. Where applicable, they must have greenhouse gas emission allowances. Products made by a business which emit gaseous pollutants, for example cars, must also comply with the set gaseous pollutant emission limits.

Air and the European Union: Legislation
Air and the European Union: European Commission
Air Quality and Spain
Climate Change and Spain: Legislation
Climate Change and Spain: Activities
Online procedure for obtaining greenhouse gas emission allowances and other procedures

Planning

Planning, including town planning, imposes conditions on where businesses and their activities can be located. It particularly applies to those businesses involved in the construction of infrastructure or housing.

Planning and the European Union
Planning and Spain
Planning in Spain: Town planning and housing

Biodiversity

All individuals and businesses must comply with the measures adopted to protect biodiversity and natural areas.

Biodiversity and the European Union: Legislation
Biodiversity and the European Union: European Commission
Biodiversity and Spain
Biodiversity and Spain: Online procedures with the Spanish Government

Environmental Impact Assessment

Most assessments are carried out by the Autonomous Communities. The State is responsible for those assessments required for national projects, such as the construction of a road or port of general interest.

Environmental Assessment and the European Union: Legislation
Environmental Assessment and the European Union: European Commission
Environmental Assessment and Spain: Legislation
Environmental Assessment and Spain: Activities
Environmental Assessment and Spain: Online procedures with the Spanish Government

Other areas

Businesses must comply with the applicable limits and requirements and carry out the necessary administrative procedures and activities in terms of noise, waste, waste packaging, dumping, transport of hazardous substances and so on.

Other areas: noise, soil protection, waste and the European Union: Legislation
Other areas: noise, soil protection, waste and the European Union: European Commission
Other areas connected with the environment: noise, soil, waste and Spain
Other areas connected with the environment: Procedures with the Spanish Government

Businesses are free to go beyond the minimum environmental legal requirements at their own initiative.

Sustainability — Spain

Administrative procedures

With regard to the environment, businesses are required to complete various procedures with the authorities, some with central government, but many with the Autonomous Communities and local authorities.

Any environmental procedures with the Spanish Government can be easily and simply carried out online by accessing the website of the Ministry of the Environment. This website covers procedures in relation to water, environmental impact assessment and quality, climate change, coasts and meteorology. It can be accessed through the following link:

Website of the Ministry of the Environment and Rural and Marine Affairs

Businesses can also access online various electronic services of the Autonomous Communities (regions), allowing various administrative procedures to be easily and simply carried out.

Andalusia
Asturias (Principality of)
Balearic Islands
Canaries
Cantabria
Castilla and León
Castilla-La Mancha
Catalonia
Valencian Community
Extremadura
Galicia
Madrid (Community of)
Murcia (Region of)
Navarre (Administrative Community of)
Basque Country
Rioja (La)

Businesses can also carry out online various administrative procedures with the local authorities.

Local authorities in Spain: Contact details

Check also the legislation on this topic in:

Environmental rules - Spain

Legal requirements

Environment and business

Authorities

Areas

Environmental responsibility

Administrative procedures

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Further help

Environmental rules - Spain

Legal requirements

Environment and business

Authorities

Areas

Environmental responsibility

Administrative procedures

Legal texts

Key documents

Still need help?

Enterprise Europe Network - Contact points

Further help