1 Comment

In Spain, Law 38/1972 on the Protection of the Atmosphere provided the first significant step towards addressing air pollution problems by enabling objectives to be set on air quality and emissions restrictions, and reducing pollution (in particular sulphur dioxide) from both fixed and mobile sources. Integrated environmental authorisation ("Autorización Ambiental Integrada") under Law 16/20021 which implements the EU IPPC Directive has also begun to help address air pollution problems. However, despite the progress made through these laws, further legislation has been called for to provide additional measures given persistent air quality problems, particularly in densely populated urban areas in Spain. As a result, Law 34/2007 on air quality and the protection of the atmosphere was published on 17 November 2007, ("Ley de calidad del aire y protección de la atmósfera" or "LCAPA"). The aim of LCAPA is to consolidate protection in relation to air quality based on the following principles: (i) taking preventive steps using the precautionary principle; (ii) remedying pollution problems at source; and (iii) the "polluter pays". Under LCAPA, the owners of installations where potentially air-polluting activities are carried out are required to comply with a number of administrative obligations relating to their operations as set out below.

Expand full comment