Royal Decree 180/2015 of 13 March regulating waste transportation within the territory of the State

Royal Decree 180/2015 (the «Royal Decree») has the nature of basic legislation. It supports itself both on art. 149(1)(23) of the Spanish Constitution, which grants the State exclusive authority over basic legislation related to environmental protection, without prejudice to the powers of the devolved regions to establish additional protective measures, and on art. 149(1)(13) of the same, which assigns the State exclusive authority over the terms and coordination of general economic activity planning. At this point we should remind ourselves of the economic importance of waste transportation and that waste (notwithstanding its peculiarities) is considered «goods», which accounts for its being subject to the rules on free movement and the principle of market unity…