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Law 15/2003 of 13th June, modifying Law 6/1993 of 15th July, regulating waste, in force since 1st January 2004, establishes a new concept of municipal waste: commercial waste. This definition implies that some waste caused in industry may be considered municipal waste and be included in the category of commercial waste.
Specifically, the definition made in the regulations concerning commercial waste includes, for the effects of waste management, the waste caused in industry that is not hazardous waste and which is considered waste similar to municipal waste. This means that no Acceptance Sheet is necessary for these wastes according to article 23.1 of Decree 93/1999 of 6th April concerning waste management procedures.
However, in the terms of the regulations, the corresponding consignment note may still be required. Likewise, the documentation will be required that is derived from the obligations to which the waste producers are subject through applicable specific regulations.
In order to guide the producers, the transporters and the waste management enterprises on the industrial waste affected by this new perspective, an orientative list of waste caused in industry that is similar to commercial municipal waste has been drawn up from the European waste catalogue (CER). This list is informative and may not replace, extend or limit the legal definition on which it is based.
In addition to all of the above, it must also be remembered that the most important thing is that the waste management must be correct and respect the priorities concerning the most favourable forms of environmental management, according to the established principles and the hierarchy of waste management forms taken from the different legislations and planning established in this sense in Catalonia.
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