Initial and periodic environmental controls in Catalonia: what your company needs to know

In Catalonia, Law 20/2009 on environmental prevention and control of activities establishes the legal regime applicable to activities with an environmental impact, differentiating them according to their potential impact and regulating the controls necessary to ensure compliance.

In this article, we explain which environmental controls must be passed and what the consequences of non-compliance may be.

Initial environmental control

After obtaining environmental authorisation or a licence, the activity cannot begin until the initial environmental control has been passed.

This control, carried out by an entity collaborating with the Administration (ECA), aims to verify that the facilities and equipment correspond to the authorised project and comply with all the technical and environmental conditions imposed.

Only with a favourable result can the activity begin operating.

Periodic controls: when and how should they be carried out?

Law 20/2009 establishes the frequency of environmental controls based on the degree of impact on the environment:

• Annex I (activities with a high environmental impact – integrated environmental authorisation): Periodic controls every 4 years for most activities. In the case of facilities with special impacts (emissions into the atmosphere, discharges into water, etc.), the frequency may be reduced to every 2 years.
• Annex II (activities with a low environmental impact – environmental authorisation): Periodic checks every 6 years for most activities.
• Annex III (activities with low environmental impact - environmental communication): These activities are not subject to periodic checks by an ECA, but may be subject to spot checks by the Administration.

Important: it is the sole responsibility of the company to comply with the established deadlines. The Administration is not obliged to remind them or require them in advance, so timely compliance is a legal obligation of the activity.

Consequences of non-compliance

Failure to carry out initial or periodic checks, or the detection of serious non-compliance, may have significant consequences for the company responsible for the activity:

• Suspension or expiry of the environmental licence or authorisation.
• Financial penalties, which can reach €300,000 for very serious infringements.
• Obligation to take immediate corrective measures and possible additional liabilities in the event of damage to the environment.
• Temporary or permanent closure of the activity in cases of serious risk to people or the environment.

Conclusions

Initial and periodic inspections are a key part of the environmental prevention and control system in Catalonia. Not only do they ensure regulatory compliance, but they also protect the environment and ensure adequate public health and safety conditions.

For companies, keeping up with these controls is an unavoidable legal obligation, but it is also an investment in security, sustainability and corporate reputation.