On January 20, 2021, Royal Decree 27/2021, of January 19, which modifies Royal Decree 106/2008, of February 1, on batteries and accumulators and the environmental management of their waste, and Royal Decree 110/2015, of February 20, on appliance waste, was published in the Official State Gazette (BOE) electrical and electronic (hereinafter, “RD 27/2021“). RD 27/2021 came into force on January 21, 2021.
RD 27/2021 aims to modify Royal Decree 106/2008, of February 1, and Royal Decree 110/2015, of February 20, in order to incorporate Directive (EU) 2018/849 of the European Parliament and of the Council of May 30, 2018 into our legal system, and to ensure the principle of precaution and prevention in waste management. of cells, accumulators and batteries and electrical and electronic devices. In addition, an improvement is intended in the management of waste batteries and accumulators and WEEE by establishing clearer rules that increase the level of legal certainty.
The standard is structured in two articles, which modify both standards respectively, and whose main novelties are summarized in the explanatory memorandum. Specifically, in the first article, new LER (European Waste List) codes are introduced for the identification of waste cells, accumulators and batteries considered dangerous. This responds to the need to adjust the regulations to the new reality, characterized by the existence of new cell, accumulator and battery chemistries that are not represented in the current waste framework (such as those associated with the electric automobile sector). The rest of the aspects introduced in the first article refer to the communication of data by the Spanish State to the European Commission, and the need to encourage the principle of waste hierarchy. It also clarifies the need for producers entering into voluntary agreements to fulfill their obligations as individual extended producer responsibility schemes. The second article, which in turn is structured into forty-three sections, includes, on the one hand, the provisions that allow the transposition of Directive (EU) 2018/849 of the European Parliament and of the Council, of May 30, 2018, and on the other, a series of provisions that introduce improvements to Royal Decree 110/2015. Specifically, the scope of application of the royal decree is extended to all EEE, which are classified in the categories included in its annex III. Likewise, and among other aspects, Annex XIV is restructured in order to add recovery objectives that must be met directly by EEE producers. Also worth highlighting is the modification of article 29 due to the greater difficulty of meeting WEEE collection objectives in the professional sector, as well as the modification of article 38 with the aim of clarifying the role of EEE producers within the scope of their responsibility, specifying in more detail the responsibilities they assume. In addition, improved coherence in WEEE coordination is introduced through the WEEE working group. Due to the opening of the scope of application of the royal decree, it has been necessary to modify the list of LER-WEEE codes, included in table 1 of annex VIII. The financial guarantees required in the authorization procedure for collective extended responsibility systems for EEE producers have also been reviewed, modifying point 2 of Annex XVII and reducing the amount of the amounts of financial guarantees for domestic EEE producers. On the other hand, and in relation to both standards that are modified, and in order to prevent the consequences for the environment of imported products that escape the obligations of the extended producer responsibility, it is considered of interest to strengthen the control of compliance by importers with the registration obligations in the Integrated Industrial Registry, both in the case of electrical and electronic devices and batteries and accumulators. Taking into account the above, and considering the controls that are already carried out in accordance with Royal Decree 330/2008, of February 29, by which control measures are adopted for the importation of certain products with respect to the applicable standards regarding product safety, it is considered appropriate to add the review of compliance with the registration obligations in the Integrated Industrial Registry at the time of importation, avoiding the introduction of products into the Spanish market that have not complied with their obligations.
In addition to the two articles mentioned, RD 27/2021 contains three additional provisions, which refer to aspects related to the authorization of waste management facilities, the adaptation of individual extended producer responsibility systems and the updating of the amounts of the financial guarantees of the extended producer responsibility systems for domestic electrical and electronic appliances, a repealing provision and four final provisions, the first of which specifies a provision on collaborating entities in the Royal Decree. 646/2020, of July 7, which regulates the disposal of waste by depositing it in a landfill, so that it is in accordance with the provisions of Law 22/2011, of July 28, in relation to its collaboration in the inspection; the second in order to complete the incorporation into the Spanish legal system of the provisions contained in Directive 2016/2284 of the European Parliament and of the Council, of December 14, 2016, relating to the reduction of national emissions of certain atmospheric pollutants, which modifies Directive 2003/35/EC and repeals Directive 2001/81/EC; and the remaining two related to the incorporation of the European Union directives and their entry into force, respectively.
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