Title I sets out the principles and general provisions applicable to both the strategic environmental assessment and the environmental impact assessment. The principles mentioned in the law are not established ex novo, but preexist in the community and national systems. However, their explicit inclusion in the standard has been considered appropriate in order to be very present, summarized and compiled, at the time of taking decisions on environmental assessment and in particular for the communities They shall be taken into consideration if they decide to make use of the constitutional rating enabling them to adopt additional environmental protection rules. These principles are the protection and improvement of the environment; preventive and precautionary action: prevention and correction and compensation of impacts on the environment; the polluter pays; rationalisation; simplification and consultation of environmental assessment procedures; cooperation and coordination between the General Administration of the State and the Autonomous Communities, proportionality between the effects on the environment of the plans, programmes and projects and the type of assessment procedure to which they are to be submitted, if appropriate, active collaboration of the various administrative bodies involved in the evaluation procedure, providing the necessary information required for them, public participation, sustainable development and integration of the aspects environmental in decision making. For environmental assessment legislation to be inspired by these principles and to achieve a high degree of homogeneity among the rules applicable in different parts of the national territory, the law makes a call for cooperation in the framework of the Sectoral Environment Conference, in which the necessary regulatory changes will be analyzed and proposed to comply with the law and, in particular, to promote regulatory changes and reforms. necessary for the amendment, repeal or recasting of the legislation existing autonomy, or the referral to this law, with the provisos that demand their organizational particularities. Within the framework, technical working groups may be set up to develop methodological guidelines for environmental assessment to allow the standardisation of these procedures. This Title I also regulates general issues such as the object and purpose of the rule; definitions; scope; assumptions excluded from environmental assessment and exceptable projects; mandate In order to assess the environmental impact of the environmental assessment, the Commission will be responsible for the implementation of the environmental assessment of the environmental impact assessment and the implementation of the environmental impact assessment. the relationship between administrations; the relationship between the strategic assessment and the environmental impact; the relationship between this and the integrated environmental authorization contained in Law 16/2002, of July 1, of integrated prevention and control of pollution; the confidentiality and the technical capacity and responsibility of the author of environmental studies and documents. In relation to relations between administrations and as a consequence of the consideration of environmental assessment as an instrumental procedure with respect to the substantive procedure, it has been considered necessary to establish that the substantive body report to the environmental body of any incident occurring during the processing of the procedure for the adoption, approval or authorisation of a plan, programme or project which is relevant for the purposes of the processing of the environmental assessment procedures, particularly those involving the file or the expiration of the substantive procedure. This prevents the environmental organ from continuing with unnecessary processing. The primary obligation under the law is to submit to an appropriate environmental assessment any plan, programme or project which may have significant effects on the environment prior to its adoption, approval or the authorisation, or, where appropriate, in the case of projects, before the submission of a responsible statement or prior notice referred to in Article 71a of Law No 30/1992 of 26 November 1992 on the legal framework of the Public administrations and the Common Administrative Procedure. The legal consequence arising from the failure to comply with this obligation, expressly stated in the law itself, is that the acts of adoption, approval or approval of plans, programmes and projects, or in their the case, where appropriate, the responsible declaration or the prior communication relating to a project which, while falling within the scope of this law, has not been subject to an environmental assessment, without prejudice to the penalties which, where appropriate, may correspond. This preventive, essential and inherent aspect of the law is reinforced by the express mention of the legal consequences of the lack of delivery in environmental procedures-in coherence with the law and the law. Community and national case-law. In accordance with this regulation, the lack of issuance of the strategic environmental statement, the strategic environmental report, the environmental impact statement or the environmental impact report, within the legally established deadlines, in no Case may be understood to be equivalent to a favourable environmental assessment. The definitions have been set with the required level of detail and sufficient to clarify the concepts of the articulated. In order to facilitate their use, they have been divided into three sections: general definitions, definitions for the effects of the strategic environmental assessment and definitions for the effects of the environmental impact assessment. As a novelty, it should be noted that for the first time the legal nature of environmental procedures and environmental pronouncements is defined, in accordance with the established case law during the years of validity of this legislation. With regard to the former, the strategic environmental assessment and environmental impact assessment are described as "instrumental administrative procedure" with respect to the substantive and sectoral procedure of approval or adoption of the plans and programmes or the authorisation of the projects. For their part, the environmental statements, that is, the strategic environmental statement, the strategic environmental report, the environmental impact statement and the environmental impact report, have the legal nature of a mandatory and decisive report. The determining character of the environmental pronouncements is manifested in a double aspect, both formal and material. From the formal or procedural point of view, the determining character of the environmental pronouncements implies that it is not possible to continue the processing of the substantive procedure as long as it is not evacuated. From the material point of view, this is, as regards the linking of its content to the body that resolves, the determining character of a report assumes, in accordance with the recent case-law, that the report is necessary for the competent body to be able to decide on the issues to which the report itself refers. This determining character materializes in the mechanism provided for in this law for the resolution of discrepancies, so that the substantive organ is determined by the conditioning of the environmental pronouncements, which can be (a) to depart on the grounds of its own powers and to raise the relevant dispute before the Council of Ministers or the Governing Council of the relevant autonomous community, or, where appropriate, that the Community has determined. The environmental pronouncements in themselves will not be used, even if they will be, as it cannot be otherwise if the defensiveness is to be avoided, the pronouncements of the substantive organ under which it is approve or adopt the plans or programs or authorize the projects, in which the environmental pronouncements are incorporated. One of the essential pieces of environmental assessment is the consultation of the public administrations concerned. In order to avoid delays which have no justification from the environmental point of view and to ensure that the procedure is effective, the lack of delivery of the public authorities concerned cannot, in any way, slow down, and even less so. paralyse the procedure, which may continue as long as the environmental body has sufficient evidence to carry out the environmental assessment. In the event that the public authorities concerned do not issue their reports, or if they do not prove sufficient, the law provides that the environmental body requires the head of the authority's hierarchically superior body to it would have to issue the report, so that within ten days, from receipt of the request, the competent body would be instructed to deliver the relevant report within ten days, without prejudice to the responsibilities of the the person responsible for the delay and the possibility of the promoter of claiming to the Competent administration to issue the report, through the procedure provided for in Article 29.1 of Law 29/1998 of July 13, of the Jurisdiction-Administrative Jurisdiction. It is also remarkable that two procedures are designed for both the strategic environmental assessment and the environmental impact assessment: the ordinary and the simplified. The terminology used is widespread and consolidated in the autonomous communities and places the emphasis on the essentially procedural nature of the norm. The reasons which have led to this distinction are found in the Community directives themselves, which require an environmental assessment to be carried out prior to any plan, programme or project ' which may have significant effects. on the environment ". For certain types of plans, programmes or projects the directives establish the presumption iuris et de lure that they will in any case have significant effects on the environment and therefore need to be evaluated. prior to their approval, adoption or authorisation, in accordance with the ordinary procedure. For the remaining plans, programmes and projects, each Member State shall carry out an analysis either on a case-by-case basis, either by means of thresholds or by combining both techniques, in order to determine whether they have significant effects on the environment. This analysis is what has been called a simplified assessment procedure and if it is concluded that the plan, programme or project has significant effects on the environment, an ordinary assessment should be carried out. In this way, the correct compliance with the Community directives is ensured, in accordance with the interpretation made by the Court of Justice of the European Union. With regard to the maximum time limits, the following are established: regular strategic assessment: 22 months, renewable for two months longer for duly substantiated reasons; strategic environmental assessment simplified: four months; regular environmental impact assessment: four months, renewable for two more months for duly substantiated reasons; and simplified environmental impact assessment: three months. The scope of the law has not been changed substantially in relation to the laws which are now being repealed, since this area is clearly defined in the Community directives, so it does not has done more than maintain the transposition that was made of them. However, certain headings in Annexes I and II to the recast text of the Draft Environmental Impact Assessment Act, approved by the Royal Decree, have been incorporated in the field of application of this law. Legislative Decree 1/2008 of 11 January. It has also included the possibility that projects subject to a simplified environmental impact assessment will be subject to the ordinary procedure when requested by the sponsor. In terms of competences and administrative coordination, the law seeks to clarify some of the shared administrative actions foreseen in the previous legislation. On the relationship between the strategic environmental assessment and the environmental impact assessment, it should be noted that, in accordance with the Community directives, the first one does not exclude the second one, in such a way as to maintain the previous one. regulation. The article on the relationship between the environmental impact assessment and the integrated environmental authorization is also maintained, since this regulation is contained in Law 16/2002, of July 1, of integrated prevention and control of the pollution. As a novelty, the regulation of the confidentiality to be maintained by public administrations in relation to certain documentation provided by the promoter is included. In this way, many problems arising from requests for access to documents of procedures that have not yet been finalised will be solved by applying Law 27/2006 of 18 July on the rights of access to information, public participation and access to justice in the field of the environment. Finally, we include the requirement that the documents submitted by the promoters during the environmental assessment be carried out by persons who possess sufficient technical capacity, which will allow to maintain a high level of of the technical quality of these documents.
Title II is dedicated, in separate chapters, to the strategic environmental assessment and environmental impact assessment, establishing a basic regulation applicable to the entire territory of the State. with the savages set in the eighth final disposition, which determines the items that are not basic. Although the Community directives do not oblige, but with the provision that it will shortly be a Community mandate, and in any case to understand that it is an unavoidable reference, the law introduces the obligation to have in consideration of climate change, for which, as it cannot be otherwise, the information and techniques available at any time should be used. Regardless of whether the substantive body can resolve, in accordance with sectoral legislation, the mere formal inadmission of the application for adoption, approval or approval of the plan, programme or project if the The law also regulates a process of inadmission of a substantive or material character, which is intended for the promoters to know, from a very preliminary stage of the procedure, that they exist. well-founded reasons to understand that the plan, program or project will not be able to have a statement (a) environmental considerations, for environmental reasons, or where environmental studies do not meet sufficient quality conditions, or where an unfavourable environmental statement has been or has been issued in a plan, programme or project analogous to the one presented. This non-admission resolution declared by the environmental body concerns exclusively the application for the start of the environmental assessment-both strategic and impact, and both ordinary and simplified-and is given without prejudice to what is resolved. the substantive body, in accordance with the sectoral legislation, on the application for the adoption, approval or authorisation of the plan, programme or project.
Chapter I of this Title II contains the provisions relating to the strategic environmental assessment, regulating the ordinary and simplified procedures referred to above and, specifying certain questions of Law 9/2006, of 28 April, which had proved difficult to interpret. This Chapter I is divided into two sections dedicated, respectively, to the ordinary and simplified strategic environmental assessment. In section 1, it has been tried to systematize the ordinary procedure, following a chronological order that facilitates the promoters to apply this law. In addition, we have tried to assimilate the terminology of the strategic environmental assessment with the one used in the environmental impact assessment, which is older and already consolidated in our legal system. In this way, the environmental sustainability report that regulated Law 9/2006, of April 28, now goes on to be called a strategic environmental study, while the environmental memory becomes, under this law, the strategic environmental statement, including, respectively, the environmental impact assessment and the environmental impact statement. The consultations with the authorities concerned are essential for the determination of the scope and content of the strategic environmental study and for this reason they are mandatory in the directive. Community environmental assessment of plans and programs, and how it cannot be otherwise, in the law itself. To achieve a proper integration of environmental aspects into planning, the standard mandates that successive versions of a plan or program-draft, initial version and final proposal-incorporate the content of the previous environmental document. corresponding strategic initial document, strategic environmental study and strategic environmental statement. The ordinary procedure for strategic environmental assessment ends with the strategic environmental statement, a statement of the environmental body that, as has already been pointed out, has the legal nature of a mandatory report and determining, shall not be the subject of an appeal and shall be published in the Official Journal of the State or the official journal concerned, without prejudice to its publication in the electronic seat of the environmental body. Concludes this section with the regulation, ex novo and in parallel with the one set for environmental impact assessment, the validity of the strategic environmental statement and the procedure for the modification of the the same, and with the resolution of discrepancies, which is attributed, in the field of the General Administration of the State to the Council of Ministers, and in the field of the autonomous communities to the Governing Council or to the organ that they determine.
Section 2 provides for the simplified procedure for strategic environmental assessment, which includes, as a novelty, the prior admission to the process, continues with consultations with the authorities concerned and concludes with a report strategic environmental, which may well determine that the plan or programme has significant effects on the environment, and should therefore be subject to an ordinary strategic assessment, or that the plan or programme has no significant impact on the environment and, therefore, can be adopted or approved in terms of its own report set. For the case that the strategic environmental report has concluded that an ordinary strategic environmental assessment is necessary, it is expressly regulated and for the first time that the performances carried out in the simplified procedure.
Chapter II of this Title II regulates the environmental impact assessment of projects with a greater degree of detail than the previous law, providing greater legal certainty. It may be, as is the strategic, ordinary or simplified.
Section 1 regulates the ordinary environmental impact assessment procedure, which applies to the projects listed in Annex I, including some new developments in the light of experience and problems diagnosed. The procedure itself starts when the substantive body refers to the environmental body the complete file, which includes the project, the environmental impact study and the result of the public and the consultations with the public authorities concerned and the persons concerned. However, in the run-up to the procedure, a number of formalities must be carried out, some of which are compulsory and others are of a potential nature. The first of these steps is the determination of the scope of the environmental impact study which, as a novelty in this law, will be voluntary for the promoter, as provided for in Directive 2011 /92/EU, of the European Parliament and of the European Parliament. Council, dated December 13. Next, and once the developer has developed the environmental impact study, the substantive body must carry out, on this occasion with a binding nature, the procedures for public information and consultation with the the authorities concerned and the persons concerned. The law establishes, for the first time, that they will be of a mandatory nature, the report of the body with powers in the field of the environment of the autonomous community, the report of the basin body, the report on cultural heritage and, if necessary, the report on land maritime public domain. The ordinary environmental impact assessment itself is developed in three phases: start, technical analysis and environmental impact statement. Admitted the file and after its technical analysis the procedure ends with the resolution in which the environmental impact statement is formulated, which will determine whether or not the project will be carried out environmental conditions and, where appropriate, the environmental conditions in which it can be developed, the corrective measures of the negative environmental effects and, if they come, the compensatory measures of the above negative environmental effects. In addition, the minimum content of the environmental impact statement is regulated in greater detail and is foreseen not only in their publication in official journals but also in the electronic headquarters of the environmental body. As has already been stated in the other environmental statements, the environmental impact statement has the legal nature of a mandatory and determining report, will not be feasible and must be published in the "Official State Gazette" or corresponding official journal. It concludes this section by regulating the validity of the impact statement and the procedure for amending it, and with the resolution of discrepancies, which is attributed to the Council of Ministers or the Governing Council of the the autonomous community or the organ that it has determined. The validity of environmental impact statements has been one of the elements of the previous regulations, the application of which has undoubtedly generated greater difficulties. In order to solve this situation, it is considered that the relevant dates are the publication of the environmental impact declaration to start the calculation of the term of its validity and the date of the start of the execution of the project for its completion. The possibility of extending the validity of the environmental impact declaration for an additional period is also provided for. Finally, the modification of the environmental condition of an environmental impact statement, at the request of the promoter, is regulated for the first time when certain circumstances are present.
Section 2 of Chapter II regulates the simplified environmental impact assessment, which shall be subject to the projects listed in Annex II, and projects which are not included in Annex I or Annex II. directly or indirectly affect the Natura 2000 sites. Main procedure for this procedure, as in the other cases, is that of consultations, which must be carried out at the level of the authorities concerned and, as a novelty, people will also be consulted. interested. The environmental body, taking into account the outcome of the consultations, will resolve by issuing the environmental impact report, which should be published when the environmental body determines that the project should not submit to the ordinary environmental impact assessment procedure. It is remarkable that the law expressly states, for the first time, that if the simplified procedure concludes with the need to submit the draft to the ordinary procedure, the actions carried out will be preserved, Further consultations will be necessary if the sponsor decides to ask the administration to determine the scope and content of the environmental impact study.
Chapter III regulates cross-border consultations, which must be carried out both when a plan, programme or project to be implemented in Spain can have significant effects on the environment in another Member State. Member of the European Union or of another State to which Spain has an obligation to consult under international instruments, such as when the situation is reversed, i.e. when a plan, programme or project to be implemented in another State may have significant effects on the environment in Spain.
Title III regulates, in three separate chapters, the monitoring of plans and programmes and environmental impact statements, which are attributed to the substantive body, the sanctioning regime and the sanctioning procedure, incorporating technical improvements to overcome some of the deficiencies of the previous law. IV On the regime and the sanctioning procedure (Chapters II and III), this law regulates measures of a provisional nature, such as those which are necessary prior to the initiation of the sanctioning procedure, with the limits and conditions laid down in Article 72 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure. In addition, the regulation of the provision of compensation for damages in line with Law 26/2007 of 23 October on Environmental Liability is clarified. The final part consists of 15 additional provisions, two transitional provisions, one derogating provision and 11 final provisions. The additional provisions relate to: projects submitted to a responsible declaration; or prior communication; plans and programmes co-financed by the European Union; reporting obligations; relation of environmental assessment to other standards; concurrency and hierarchy of plans or programmes; infrastructure of state ownership; environmental assessment of state projects that may affect Natura 2000 sites; nature conservation banks; certificate of non-condition to the Natura 2000 network; periodic operations, accumulation of procedures environmental impact assessment; application of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure and electronic processing. Nature conservation banks are a voluntary mechanism to compensate, repair or restore the net loss of natural values, which will be the subject of regulatory development by the Ministry of Agriculture, Food and Environment. The credits generated in nature conservation banks will be entered in an official register under the Ministry of Agriculture, Food and Environment and can be marketed under free conditions. market directly to: entities that require them in the field of any activity that produces an inevitable and irreparable net loss of natural values-especially in the case of compensatory measures of environmental impact Complementary and compensatory environmental damage compensation-entities without for profit; and the public administrations themselves. The final provision first serves the partial modification of the sanctioning regime included in Law 42/2007, of December 13, of Natural Heritage and Biodiversity. The law is accompanied by six annexes: the first and the second contain the relationship of projects that must be submitted, respectively, to an ordinary or simplified environmental impact assessment. To a large extent, the groups and project categories of the current legislation have been maintained, although technical improvements have been introduced and new typologies of projects have been incorporated to assess the use of new techniques, such as the hydraulic fracture. In addition, the content of the Directive has been adapted to the projects listed in the Annexes, so that projects which can actually have significant impacts on the environment will be subject to an ordinary environmental impact assessment. environment. The third Annex contains the criteria under which the environmental body should determine whether a project in Annex II is to be subject to an ordinary environmental assessment. The fourth annex details the content of the strategic environmental study; the fifth contains the criteria for etermining whether a plan or programme should be subject to an ordinary strategic environmental assessment. Finally, Annex VI details the content of the environmental impact study and the technical criteria for the interpretation of Annexes I and II. Finally, the Law introduces a series of modifications concerning the cross-basin transfers, in general, and in particular, to the operation of the Tajo-Segura transfer, thus adapting the specific rules on the Ta-Segura transfer to the general legislation of Spanish-born waters from 1985 onwards. And legal security is granted to the general system. In addition to legal certainty, a security and technical stability mechanism is established in order to order the government to update by real decree the determining measures of the transfer operating rule. This is necessary to adapt these measures in a flexible manner to the hydrological variations observed in recent years and to have agile instruments for adapting to possible effects of hydrological alteration such as those induced by climate change. Giving excessive rigidity to the system in these operational aspects can lead to undesirable effects that the intended mechanism allows to obviate. The modification, in depth, of the Water legislation that will have to establish, among other things, a new regime of cession of rights, that will have more efficiency in the future. Article 72 of the recast of the Water Law is partially modified at this time, with the aim of making its legal regime more flexible, without prejudice to the specific regulation of each transfer. It is also necessary that, in the near future, the regulation of transfers between territorial areas of different river basin management plans be incorporated into the National Hydrological Plan, as the text itself has Recast of the Law of Waters. And in this context, the next National Hydrological Plan Law will have to integrate, harmonize and update in a single normative block, the provisions concerning all the cross-basin transfers, which are scattered in different norms.
TITLE I - General principles and provisions
Article 1. Object and purpose.
1. This law lays down the basis for the environmental assessment of plans, programmes and projects which may have significant effects on the environment, ensuring a high level of protection throughout the territory of the State. environmental, in order to promote sustainable development, by: a) The integration of environmental aspects into the development and adoption, approval or authorisation of plans, programmes and projects; b) the analysis and selection of environmentally viable alternatives; c) the establishment of measures to prevent, correct and, where appropriate, compensate for adverse effects on the environment; d) the establishment of the surveillance, monitoring and sanction measures necessary to comply with the purposes of this law.
2. This law also lays down the principles which will inform the environmental assessment procedure of plans, programmes and projects which may have significant effects on the environment, as well as the cooperation arrangements between the General Administration of the State and Autonomous Communities through the Sectoral Conference on the Environment.
Article 2. Principles of environmental assessment. Environmental assessment procedures will be subject to the following principles: a) Protection and improvement of the environment. b) Caution. c) Preventive and precautionary action, correction and compensation of environmental impacts. d) Who pollutes pay. e) Rationalization, simplification and consultation of environmental assessment procedures. f) Cooperation and coordination between the General Administration of the State and the Autonomous Communities. g) Proportionality between the environmental effects of plans, programmes and projects, and the type of assessment procedure to which they are required to be submitted. h) Active collaboration of the various administrative bodies involved in the evaluation procedure, providing the necessary information required. i) Public participation. j) Sustainable development. k) Integrating environmental aspects into decision making. l) Take action according to the best possible scientific knowledge.
Article 3. Relations between public administrations.
1. Public administrations will adjust their environmental assessment actions to the principles of institutional loyalty, coordination, mutual information, cooperation, collaboration and coherence. To this end, the consultations to be held by a public administration shall ensure that all the public interests involved and, in particular, those whose management is entrusted to other administrations are properly weighted. public.
2. The substantive body shall inform the environmental body of any incident occurring during the processing of the substantive procedure for the adoption, approval or authorisation of a plan, programme or project which is relevant for the purposes of the processing of the environmental assessment procedures, particularly those involving the file or the expiry of the substantive procedure.
3. Where it is the responsibility of the General Administration of the State to formulate the strategic environmental statement or the environmental impact statement, or to issue the strategic environmental report or the environmental impact report regulated in this law, it shall be required to consult the body which has the environmental powers of the autonomous community in which the plan, programme or project is located territorially.
Article 4. Cooperation within the framework of the Sectoral Environment Conference.
1. The Sectoral Environment Conference will analyse and propose the necessary regulatory changes to comply with the principles contained in this Title and establish a homogeneous environmental assessment procedure throughout the territory. national.
2. In particular, the Sectoral Conference will promote the necessary regulatory changes and reforms that may consist of the modification, repeal or recasting of the existing autonomic regulations, or the referral to this law, with the provisos that they demand. their organizational particularities.
3. The Sectoral Conference may establish mechanisms to ensure that the public administrations concerned issue the reports provided for in this law in time.
4. Within the Sectoral Conference, technical working groups may be set up to develop methodological guidelines for environmental assessment to allow the standardization of these procedures.
Article 5. Definitions.
1. For the purposes of this law: a) "Environmental assessment" means an administrative procedure for the approval or adoption of plans and programmes, as well as for the approval of projects or, where appropriate, the activity of the project; administrative control of projects submitted to a responsible declaration or prior communication, through which the possible significant effects on the environment of plans, programmes and projects are analyzed. The environmental assessment includes both "strategic environmental assessment" and "environmental impact assessment":
1. "Strategic Environmental Assessment" that comes from plans and programs, and concludes: i) By means of the "Strategic Environmental Declaration", in respect of those submitted to the ordinary strategic assessment procedure, in accordance with Section 1 of Chapter I of Title II. ii) By means of the "Strategic Environmental Report", in respect of those submitted to the simplified strategic assessment procedure, as provided for in Section 2 of Chapter I of Title II.
2. "Environmental Impact Assessment" that proceeds with respect to projects and concludes: i) By means of the "Declaration of Environmental Impact", in respect of those submitted to the ordinary environmental impact assessment procedure, in accordance with the provisions of Section 1 of Chapter II of Title II. ii) By means of the "Environmental Impact Report", in respect of those submitted to the simplified environmental impact assessment procedure, as provided for in Section 2 of Chapter II of Title II. b) "Impact or significant effect": permanent or long-term alteration of a natural value and, in the case of Natura 2000 sites, where it also affects the elements that have led to its designation and objectives of conservation. c) "Scope document" means a statement of the environmental organ addressed to the sponsor that aims to delimit the extent, level of detail and grade of specification that the strategic environmental study and the study of environmental impact. d) "substantive body" means an organ of the public administration which has the power to adopt or approve a plan or programme, to authorise a project, or to control the activity of the projects subject to a declaration responsible or prior communication, unless the project consists of different actions in matters whose competence is held by different bodies of the State, regional or local public administration, in which case it shall be considered a substantive body the person who has the powers over the activity to which the aim is project, with priority on the bodies holding competences on instrumental or complementary activities in relation to that. e) "Environmental Authority" means an organ of the public administration that performs the technical analysis of the environmental assessment files and formulates the strategic and environmental impact statements and environmental reports. f) "Public" means any natural or legal person, as well as their associations, organisations or groups, constituted under the rules that apply to them that do not meet the requirements to be considered as persons interested. g) "Interested persons": are considered to be interested in the environmental assessment procedure:
1. All those in whom any of the circumstances provided for in Article 31 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Administrative Procedure are met. Common.
2. No profit-making legal persons who, in accordance with Law 27/2006 of 18 July on access to information, public participation and access to justice in the field of the environment, comply with the Following requirements: i) the protection of the environment in general or of any of its elements in particular, which may be affected by the environmental assessment, between the purposes accredited in its statutes, and that such purposes may be affected by the environmental assessment. ii) that they carry, at least, two legally constituted years and that they are actively engaged in the activities necessary to achieve the objectives laid down in their statutes. iii) That according to its statutes, they develop their activity in a territorial area that is affected by the plan, program or project that must be submitted to environmental assessment. h) "Public administrations concerned": public administrations with specific competencies in the following areas: population, human health, biodiversity, geodiversity, fauna, flora, soil, water, air, noise, climatic factors, landscape, material goods, cultural heritage, spatial planning and town planning. i) "Cultural Heritage": a concept that includes all the meanings of heritage, such as historical, artistic, architectural, archaeological, industrial and immaterial. j) 'Compensatory Measures' means those defined in Article 3 (24) of Law 42/2007 of 13 December 2007 on Natural Heritage and Biodiversity.
2. For the purposes of the strategic environmental assessment regulated in this law, following definitions shall apply: a) "Promoter" means any natural or legal person, public or private, who intends to draw up a plan or programme of those referred to in this law, regardless of the Administration's or time is competent for adoption or approval. b) "Plans and programs": the set of strategies, guidelines and proposals aimed at meeting social needs, not directly enforceable, but through their development through one or more projects. c) "Strategic Environmental Study": a study prepared by the promoter who, being an integral part of the plan or programme, identifies, describes and evaluates the possible significant effects on the environment that may result from the implementation of the plan or programme, as well as reasonable, technical and environmentally viable alternatives, taking into account the objectives and territorial scope of the implementation of the plan or programme, in order to prevent or minimise the effects adverse effects on the environment of the implementation of the plan or programme. d) "Strategic Environmental Declaration": a mandatory and determining report of the environmental body with which the regular strategic environmental assessment evaluating the integration of environmental aspects into the proposal end of the plan or program. e) "Strategic Environmental Report": a mandatory and determining report of the environmental body with which the simplified strategic environmental assessment is concluded. f) "minor modifications": changes in the characteristics of plans or programmes already adopted or approved that do not constitute fundamental variations of the strategies, guidelines and proposals or of their chronology but which produce differences in the intended effects or in the area of influence.
3. For the purposes of the environmental impact assessment of projects covered by this law, following definitions shall apply: a) "Promoter" means any natural or legal person, public or private, who intends to carry out a project within the scope of this law, regardless of the Administration that is competent for its authorization. b) "Project" means any action that consists in the execution or exploitation of a work, a construction, or installation, as well as the dismantling or demolition or any intervention in the natural environment or in the landscape; including those for the exploitation or exploitation of natural resources or soil and subsoil as well as marine waters. c) "Environmental impact study" means a document prepared by the sponsor containing the information necessary to assess the potential significant effects of the project on the environment and enables decisions to be taken appropriate to prevent and minimize such effects. d) "Declaration of Environmental Impact": a mandatory and determining report of the environmental body with which the evaluation of the ordinary environmental impact, which evaluates the integration of environmental aspects into the project and determines the conditions to be laid down for the proper protection of the environment and natural resources during the implementation and operation and, where appropriate, the dismantling or demolition of the project. e) "Environmental Impact Report": a mandatory and determining report of the environmental organ with which the simplified environmental impact assessment concludes.
Article 6. Scope of the strategic environmental assessment.
1. Plans and programmes, as well as amendments thereto, which are adopted or approved by a public administration and whose preparation and approval are required by a legal or legal provision, shall be the subject of an ordinary strategic environmental assessment. regulatory or by agreement of the Council of Ministers or the Governing Council of an autonomous community, where: a) Establish the framework for the future authorization of projects legally submitted to environmental impact assessment and refer to agriculture, livestock, forestry, aquaculture, fisheries, energy, mining, industry, transport, waste management, water resource management, occupation of land-based maritime public domain, use of the marine environment, telecommunications, tourism, urban and rural land management, or land use; or, b) Require an evaluation for affecting Natura 2000 sites in the terms provided for in Law 42/2007, of December 13, of Natural Heritage and Biodiversity. c) Those referred to in paragraph 2 where this is decided on a case-by-case basis by the environmental body in the strategic environmental report in accordance with the criteria set out in Annex V. d) The plans and programmes referred to in paragraph 2, when determined by the environmental body, at the request of the sponsor.
2. They will be the subject of a simplified strategic environmental assessment: a) The minor modifications to the plans and programs mentioned in the previous section. b) The plans and programmes referred to in the previous paragraph that establish the use, at the municipal level, of areas with reduced extension. c) Plans and programmes which, by establishing a framework for the authorisation in the future of projects, do not meet the other requirements mentioned in the previous paragraph.
Article 7. Scope of the environmental impact assessment.
1. The following projects shall be subject to an ordinary environmental impact assessment: (a) Those included in Annex I, as well as projects which, being split up, meet the thresholds of Annex I by means of the accumulation of the quantities or dimensions of each of the projects concerned. (b) Those referred to in paragraph 2, where this is decided on a case-by-case basis by the environmental body, in the environmental impact report in accordance with the criteria set out in Annex Ill. (c) Any modification of the characteristics of a project as set out in Annex I or Annex II, where such modification complies, on its own, with the thresholds set out in Annex I. (d) The projects referred to in paragraph 2, when requested by the sponsor. 2. They will be the subject of a simplified environmental impact assessment: (a) The projects listed in Annex II. (b) Projects not included in Annex I or Annex II which may have an appreciable effect, directly or indirectly, on Natura 2000 Protected Spaces. c) Any modification of the characteristics of a project in Annex I or Annex II, other than the modifications described in Article 7.1.c) already authorised, executed or in the process of being carried out, which may have effects significant adverse effects on the environment. It is understood that this modification can have significant adverse effects on the environment when it involves:
1. A significant increase in emissions to the atmosphere.
2. significant increase in discharges to public channels or to the coast.
3. Significant increase in waste generation.
4. A significant increase in the use of natural resources.
5. A Condition to Protected Spaces Network Natura 2000.
6. A Significant Condition to Cultural Heritage. d) Projects which, being split up, meet the thresholds in Annex II by accumulating the quantities or dimensions of each of the projects concerned. e) Annex I projects which serve exclusively or principally to develop or test new methods or products, provided that the duration of the project is not more than two years.
Article 8. Assumptions excluded from environmental assessment and excepted projects.
1. This Law will not apply to the following plans and programs: a) Those with the sole object of national defence or civil protection in cases of emergency. b) Financial or budgetary type.
2. This Law will not apply to the following projects: a) Those related to the objectives of the national defense when such application could have negative repercussions on such objectives. b) Detailed projects specifically approved by a Law. These projects must contain the data necessary for the assessment of the impact of this project on the environment and in the processing of the Law of approval of the project the objectives set out in this Law must be met.
3. The Council of Ministers, within the scope of the General Administration of the State, and the body determining the legislation of each Autonomous Community, in their respective fields of competence, may, in exceptional circumstances and by means of a reasoned agreement, exclude a particular project from the environmental impact assessment procedure. In particular, the Council of Ministers in the field of the General Administration of the State and, where appropriate, the body that determines the legislation of each autonomous community in its respective field of competence, in accordance with the provided for in the above paragraph and on a case-by-case basis, it may determine whether the exclusion of the environmental impact assessment procedure from projects of: a) Construction of prison facilities, or projects declared to be of particular interest to public security by the competent authorities. b) Works to repair damaged critical infrastructure as a result of catastrophic events and emergency works.
4. In the cases provided for in the preceding paragraph: a) The desirability of submitting the excluded project to another form of assessment that complies with the principles and objectives of this law will be examined. b) The exclusion agreement and the reasons justifying it shall be published in the Official Journal of the State or the official journal concerned. In addition, information on the exclusion decision and the grounds for exclusion and the examination of alternative forms of assessment of the excluded project shall be made available to the public. c) The substantive body shall communicate the information provided for in the preceding paragraph to the European Commission, prior to the authorisation of the project.
Article 9. General obligations.
1. Plans, programmes and projects falling within the scope of this law shall be subject to an environmental assessment prior to their adoption, approval, authorisation or, where appropriate, in the case of projects, before the submission of the plans. of a responsible statement or of a prior notice referred to in Article 71a of Law No 30/1992 of 26 November 1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure. The acts of adoption, approval or authorization of plans, programs and projects that are included in the scope of this law shall not have been subject to environmental assessment, without prejudice to the penalties which, if any, may be applicable.
2. Where access to an activity or to its exercise requires a responsible statement or prior communication and in accordance with this law, it requires an environmental impact assessment, the responsible statement or the prior communication may not be be submitted until such an environmental impact assessment has been completed by the environmental body and published in the Official State Gazette or the relevant official journal and such report is adopted by a later resolution adopted by the substantive organ. The responsible statement or prior communication relating to a project shall lack validity and effectiveness for all intents and purposes if it must have been subject to an environmental assessment, without prejudice to the penalties provided for in Article 3. which, if appropriate, proceed.
Article 10. Failure to issue environmental statements and reports. The lack of issuance of the strategic environmental statement, strategic environmental report, environmental impact statement, or environmental impact report, within the legally established time limits, may in no case be This is equivalent to a favourable environmental assessment.
Article 11. Determination of the environmental organ and the substantive organ.
1. It is for the Ministry of Agriculture, Food and the Environment to exercise the functions assigned by this law to the environmental body when it comes to the environmental assessment of plans, programmes or projects to be adopted, approved or authorised by the General Administration of the State and the public bodies linked to or dependent on it, or which are the subject of a responsible statement or prior communication to this administration.
2. The functions assigned by this law to the environmental body and to the substantive body, as regards the processing of the various procedures, shall correspond to the bodies determined by the legislation of each autonomous community in the case of the environmental assessment of plans, programmes or projects to be adopted, approved or approved by the Autonomous Communities or which are the subject of a responsible declaration or prior communication to them.
3. In the case of plans, programmes and projects the adoption, approval or approval of which corresponds to the local authorities, the functions assigned by this law to the environmental body and the substantive body shall correspond to the organ of the administration. autonomic or local that determines the autonomic legislation.
4. Where the substantive body is simultaneously the sponsor of the plan, programme or project, the substantive body shall perform the actions attributed to the sponsor in this law.
Article 12. Resolution of discrepancies.
1. Where there are discrepancies between the substantive body and the environmental body on the content of the strategic environmental statement, the environmental impact statement, or, where appropriate, the strategic environmental report, or the The environmental impact report shall be determined by the Administration that has dealt with the file, the Council of Ministers or the Governing Council or body that the Autonomous Community determines.
2. The substantive body shall transfer to the written environmental body where it manifests the reasons for the discrepancy along with all the documentation, including how many reports and documents it deems appropriate, within the maximum period of 30 days. (a) from the publication in the "Official State Gazette" or corresponding official journal of the strategic environmental statement, the environmental impact statement, or, where appropriate, the strategic environmental report, or the impact report environmental.
3. In receipt of a statement of discrepancies, the environmental body shall give its opinion within a maximum of 30 working days. If the environmental body is not pronounced in the above term, it shall be understood to maintain its criterion on the content of the strategic environmental statement, the environmental impact statement, or, where appropriate, the strategic environmental report; or of the formulated environmental impact report.
4. The substantive body shall raise the discrepancy to the body responsible for its decision, who shall act within a maximum of 60 working days from its receipt. As long as the body to resolve the discrepancy is not pronounced, the strategic environmental statement, the environmental impact statement, or the strategic environmental report, or the environmental impact report shall be deemed to be the strategic environmental statement. maintain their effectiveness.
5. The agreement to resolve the discrepancy will be published in the "Official State Gazette" or the corresponding official journal. Artcle 13. Relationship between strategic environmental assessment and environmental impact assessment.
1. The strategic environmental assessment of a plan or programme does not exclude the environmental impact assessment of the projects that are derived from them.
2. The environmental body may, in the interests of the principle of effectiveness, agree on the incorporation of formalities and administrative acts of the strategic environmental assessment procedure in other environmental assessment procedures, provided that where the time limit laid down in the plan or programme has not elapsed or, failing that, the four-year period since the publication of the strategic environmental statement and no alterations to the circumstances taken into account have occurred in the strategic environmental assessment.
Article 14. Relationship between environmental impact assessment and integrated environmental authorization. The autonomous communities will have the necessary to include the actions in the field of environmental impact assessment, when this is necessary, in the procedure for granting and modifying the environmental authorization. integrated.
Article 15. Confidentiality.
1. The public authorities involved in the environmental assessment procedures shall respect the confidentiality of the information provided by the sponsor which, in accordance with the applicable rules, have such a character, in any case, the protection of the public interest.
2. The sponsor must indicate that part of the information contained in the submitted documentation considers that it should be confidential. The competent authority shall decide on the information which, according to current legislation, is exempt from commercial or industrial secrecy and information covered by confidentiality.
Article 16. Technical capacity and responsibility of the author of environmental studies and documents.
1. The strategic initial document, the strategic environmental study and the strategic environmental document, in the case of the strategic environmental assessment, and the initial document, the environmental impact study and the environmental document in the case of the environmental impact assessment must be carried out by persons with sufficient technical capacity in accordance with the standards on professional qualifications and higher education, and shall have the necessary quality to comply with the requirements of the requirements of this law. To this end, the above mentioned environmental studies and documents must identify their author or authors indicating their degree and, where appropriate, regulated profession. In addition, the end date and signature of the author must be entered.
2. The authors of the above documents shall be responsible for their content and the reliability of the information, except as regards the data received from the administration in a reliable manner.
TITLE II - Environmental Assessment
CHAPTER I - Strategic Environmental Assessment
Section 1. First Procedure of the ordinary strategic environmental assessment for the formulation of the strategic environmental statement
Article 17. Procedures and deadlines for the ordinary strategic environmental assessment.
1. The ordinary strategic environmental assessment shall consist of the following: a) Start request. b) Prior consultations and determination of the scope of the strategic environmental study. c) Elaboration of the strategic environmental study. d) Public information and consultations with the affected public administrations and interested persons. e) Technical analysis of the case. f) Strategic environmental statement.
2. The environmental body shall have a maximum period of three months, counted from the receipt of the application for the start of the ordinary strategic environmental assessment, accompanied by the draft plan or programme and an initial strategic document, to carry out the consultations provided for in Article 19.1 and to draw up a document of scope of the strategic environmental study, as provided for in Article 19.2.
3. The maximum period for the preparation of the strategic environmental study and for the implementation of the public information and the consultations provided for in Articles 20, 21, 22 and 23 shall be 15 months from the notification to the sponsor of the scope.
4. For the technical analysis of the dossier and the formulation of the strategic environmental statement, the environmental body shall have a period of four months, which may be extended for two months, for duly substantiated reasons from the receipt of the document. of the complete file and communicated to the sponsor and the substantive body.
Article 18. Request for the start of the ordinary strategic environmental assessment.
1. Within the substantive procedure for the adoption or approval of the plan or programme, the sponsor shall submit to the substantive body, together with the documentation required by the sectoral legislation, a request for the start of the environmental assessment. ordinary strategic, accompanied by the draft plan or programme and a strategic initial document containing at least the following information: a) The goals of the schedule. b) The scope and content of the proposed plan or programme and its reasonable, technical and environmentally viable alternatives. c) The foreseeable development of the plan or program. d) Potential environmental impacts taking into account climate change. e) The foreseeable impacts on concurrent sectoral and territorial plans.
2. If the substantive body finds that the application for initiation does not include the documents referred to in the preceding paragraph, it shall require the sponsor to accompany, within 10 working days, the required documents, with the intended effect of Article 71 of Law 30/1992 of 26 November. The substantive body shall also verify that the documentation submitted in accordance with the sectoral legislation complies with the requirements.
3. Once the above checks have been carried out, the substantive body shall send the environmental body the application for initiation and the documents to accompany it.
4. Within 20 working days from the receipt of the application for the start of the ordinary strategic environmental assessment, the environmental body may decide to refuse admission for some of the following reasons: a) If you clearly estimate that the plan or program is manifestly unfeasible for environmental reasons. b) If you estimate that the strategic initial document does not meet sufficient quality conditions. c) Inadmission resolution shall justify the reasons for which it is appreciated, and the legal proceedings may be brought against it in administrative and judicial proceedings, where appropriate. If you have already admitted or already issued an unfavourable strategic environmental statement in a plan or program substantially analogous to that presented. Prior to the adoption of the resolution agreeing to the inadmissibility, the environmental body shall give the sponsor a hearing, informing the substantive body, for a period of 10 working days which suspends the intended to declare the inadmission. Article 19. Consultations with the affected public administrations and interested persons, and preparation of the strategic environmental study scope document.
1. The environmental body shall submit the draft plan or programme and the initial strategic document to consultations of the public administrations concerned and the persons concerned, which shall be delivered within 45 working days from the date of the first meeting. their receipt. After this deadline has not been received, the procedure will continue if the environmental body has sufficient evidence to produce the document of scope of the strategic environmental study. In this case, the previously received statements will not be taken into account. If the environmental body did not have sufficient evidence, either because the reports of the relevant public administrations would not have been received, or because, having received them, these Insufficient to decide, it shall personally require the holder of the hierarchically superior organ of that which would have to issue the report, so that, within ten working days, counted from the receipt of the requirement, order the competent authority to deliver the relevant report within 10 days (a) without prejudice to the responsibilities in which the person responsible for the delay may be liable. The request made shall be communicated to the substantive body and to the sponsor and shall suspend the time limit provided for in Article 17.2. In any event, the sponsor may request the competent Administration to issue the report, through the procedure provided for in Article 29.1 of Law 29/1998, of 13 July of the Jurisdiction-Administrative Jurisdiction.
2. Received the replies to the consultations, the environmental body shall develop and transmit to the sponsor and to the substantive body, the scope document of the strategic environmental study, together with the replies received to the consultations carried out.
3. The scope document of the strategic environmental study shall be made available to the public through the electronic headquarters of the environmental body and the substantive body.
Article 20. Strategic environmental study.
1. Taking into account the scope document, the developer shall develop the strategic environmental study, identifying, describing and assessing the possible significant effects on the environment of the implementation of the plan or programme. as a reasonable technical and environmentally viable alternative, taking into account the objectives and geographical application scope of the plan or programme.
2. The strategic environmental study shall be considered an integral part of the plan or programme and shall contain at least the information contained in Annex IV as well as the information deemed reasonably necessary to ensure its quality. For these purposes, the following extremes shall be taken into account: a) Existing knowledge and assessment methods. b) The content and level of detail of the plan or program. c) The phase of the decision process in which it is located. d) The extent to which the assessment of certain aspects needs to be complemented in other phases of such a process, to avoid its repetition.
3. For the preparation of the strategic environmental study, the relevant information that has been obtained in the preparation of the plans and programmes promoted by the same or other public administrations may be used.
Article 21. Initial version of the plan or program and public information.
1. The sponsor shall develop the initial version of the plan or programme taking into account the strategic environmental study, and present both documents to the substantive body.
2. The substantive body shall submit that initial version of the plan or programme, accompanied by the strategic environmental study, to prior public information in the Official Journal of the State or the official journal concerned and, where appropriate, at its headquarters. electronic. The public information shall be at least forty-five working days. Public information may be carried out by the sponsor instead of the substantive body where, in accordance with the sectoral legislation, the sponsor is responsible for the administrative processing of the plan or programme.
3. The documentation submitted for public information shall also include a non-technical summary of the strategic environmental study.
4. The substantive body shall take the necessary measures to ensure that the documentation to be submitted to public information has the maximum dissemination among the public, using the means of communication and, preferably, the means electronic.
Article 22. Consultation of the public administrations concerned and the persons concerned.
1. At the same time as the public information procedure, the substantive body shall submit the initial version of the plan or programme, accompanied by the strategic environmental study, to the public authorities concerned and the persons concerned. have been previously consulted in accordance with Article 19. These consultations may be carried out by the sponsor instead of the substantive body where, in accordance with the sectoral legislation, the sponsor is responsible for the administrative processing of the plan or programme. The consultation of the Public Administrations concerned and the persons concerned may be carried out by means of conventional, electronic or any other means, provided that the conduct of the consultation is established.
2. The public authorities concerned and the persons concerned shall have a minimum period of 45 working days from which the initial version of the plan or programme is submitted to them, accompanied by the strategic environmental study to issue the reports and allegations that they deem relevant.
Article 23. Final plan or program proposal. Taking into consideration the allegations made in the procedures for public information and consultation, including, where appropriate, cross-border consultations, the promoter will modify, if necessary, the environmental study strategy, and will develop the final proposal of the plan or program. Reports or allegations received outside the time limits set out in Articles 21 and 22 shall not be taken into account.
Article 24. Technical analysis of the dossier.
1. The substantive body shall transmit to the environmental body the complete strategic environmental assessment dossier, consisting of: a) The final plan or program proposal. b) The strategic environmental study. c) The outcome of public information and consultations, including in their case cross border consultations as well as their consideration. d) A summary document in which the promoter describes the integration in the final proposal of the plan or program of the environmental aspects, of the strategic environmental study and of its suitability to the document of scope, of the result of the queries made and how these have been taken into consideration.
2. The environmental body shall conduct a technical analysis of the dossier, and an analysis of the significant impacts of the implementation of the plan or programme on the environment, which will take into account climate change.
3. If, during the technical analysis of the strategic environmental assessment file, the environmental body considers that public information or consultations have not been carried out in accordance with this law, it shall require the substantive body to subsane the strategic environmental assessment file within the maximum period of three months. In such cases, the time limit for the formulation of the strategic environmental statement shall be suspended. If after three months the substantive body has not submitted the subsated file, or if once presented is insufficient, the environmental organ will terminate the ordinary strategic environmental assessment, notifying the sponsor and the substantive body of the termination decision. Against this resolution, legal proceedings may be brought in the administrative and judicial proceedings where appropriate.
4. If, during the technical analysis of the strategic environmental assessment dossier, the environmental body concludes that additional information is necessary to formulate the strategic environmental statement, it shall ask the sponsor for information essential, informing the substantive body, that it completes the dossier. This request suspends the deadline for the formulation of the strategic environmental statement. If after three months the sponsor has not submitted the requested additional documentation, or if the additional documentation is not sufficient, the environmental organ shall terminate the ordinary strategic environmental assessment, notifying the sponsor and the substantive body of the termination decision. Against this resolution, legal proceedings may be brought in administrative and judicial proceedings, where appropriate.
5. The environmental body shall continue with the procedure provided that it has sufficient evidence to carry out the strategic environmental assessment. If the strategic environmental assessment file does not contain any of the reports of the public administrations concerned, consulted as provided for in Article 22, and the environmental body does not have a In order to carry out the strategic environmental assessment, it will personally require the head of the hierarchically superior body to issue the report so that, within ten days, it will be counted from the receipt of the request, order the competent authority to deliver the corresponding report within ten days, without prejudice to the responsibilities of the person responsible for the delay. The requirement shall be communicated to the substantive body and to the sponsor and shall suspend the time limit for the formulation of the environmental impact statement. If the environmental body has not received the report within ten days, it shall inform the substantive body and the sponsor of the impossibility of continuing the procedure. In any event, the sponsor may request the competent Administration to issue the report through the procedure provided for in Article 29 of Law 29/1998 of July 13, of Jurisdiction-Administrative Jurisdiction.
Article 25. Strategic environmental statement.
1. The environmental body, after the technical analysis of the dossier has been completed, shall formulate the strategic environmental statement within four months of receipt of the complete dossier, which may be extended for two months longer for reasons of reasons. duly substantiated and communicated to the sponsor and to the substantive body.
2. The strategic environmental statement shall have the nature of a preceptively, determinative report and shall contain an exposition of the facts summarising the main milestones of the procedure including the results of the public information, consultations, where appropriate, of cross-border consultations, as well as of the final determinations, measures or conditions to be incorporated in the plan or programme which is finally approved or adopted.
3. The strategic environmental statement, once formulated, shall be submitted for publication within 15 working days of the Official Journal of the State or the official journal concerned, without prejudice to its publication in the electronic environmental organ.
4. No recourse shall be made against the strategic environmental declaration, without prejudice to those which, where appropriate, proceed on a judicial basis in the light of the general provision which the plan or programme has approved, or those which come on the way administrative or judicial authorities in respect of the act, where appropriate, of the adoption or approval of the plan or programme.
Article 26. Advertising the adoption or approval of the plan or program.
1. The sponsor shall incorporate the content of the strategic environmental statement into the plan or programme and, in accordance with the provisions of the sectoral legislation, submit it to the adoption or approval of the substantive body.
2. Within 15 working days of the adoption or approval of the plan or programme, the substantive body shall send the following documentation for publication in the Official Journal of the State or the official journal: a) The resolution to which the plan or programme is adopted or approved, and a reference to the electronic address in which the substantive body shall make available to the public the full content of that plan or programme. b) An extract that includes the following aspects:
1. How environmental aspects have been integrated into the plan or program.
2. How the strategic environmental study, the results of public information and consultations, including cross-border consultations and the environmental statement, have been taken into account in the plan or programme. strategic, as well as, where appropriate, any discrepancies that may have arisen in the process.
3. The reasons for choosing the selected alternative, in relation to the alternatives considered. (c) The measures taken to monitor the environmental effects of the implementation of the plan or programme. Article 27. The effectiveness of the strategic environmental statement.
1. The strategic environmental statement shall be forfeited and shall cease to be in production for the purposes of its own if, once published in the Official Journal of the State or the official journal concerned, the adoption or approval of the plan or programme within a maximum of two years from its publication. In such cases, the sponsor shall initiate the strategic environmental assessment of the plan or program again, unless the extension of the strategic environmental declaration is agreed upon in the terms specified in the following terms: paragraphs.
2. The sponsor may request the extension of the validity of the strategic environmental declaration before the time limit laid down in the previous paragraph. The application made by the sponsor shall suspend the period of two years of the previous paragraph.
3. In the light of such an application, the environmental body may agree to extend the validity of the strategic environmental declaration in the event that there have been no substantial changes in the essential elements which have been used as a basis for the implementation of the strategic environmental assessment, extending its validity for two additional years. After this period has elapsed without the approval of the plan or programme, the sponsor shall start the strategic environmental assessment procedure again.
4. The environmental body shall decide on the request for an extension within six months from the date of submission of the request. In advance, the environmental body will ask the public authorities concerned for the matter in relation to the essential elements that have been used as a basis for the strategic environmental assessment. These administrations must decide within a period of two months, which may be extended, for duly justified reasons, for one month.
5. After the period of six months without the environmental authority having notified the extension of the duration of the strategic environmental declaration, the request for an extension shall be deemed to be considered.
Article 28. Modification of the strategic environmental statement.
1. The strategic environmental statement of an approved plan or programme may be amended where circumstances determining the incorrectness of the strategic environmental statement are met, including those arising during the assessment procedure. of environmental impact, either by facts or circumstances of post-course occurrence or by past facts or circumstances which, at the time, were not or could not be the subject of the appropriate assessment.
2. The procedure for amending the strategic environmental declaration may be initiated on its own initiative or at the request of the sponsor. The environmental body shall initiate such a trade procedure either on its own initiative or on a reasoned request from the substantive body, or on complaint, by agreement. In the event that a reasoned request or complaint has been received, the environmental body shall decide on the provenance of the procedure to be agreed within 20 working days from the receipt of the request or of the complaint.
3. Within 20 working days of receipt of the application by the sponsor to initiate the modification of the strategic environmental declaration, the environmental body may provide a reasoned decision on its inadmissibility. In the event of such a decision, the legal proceedings may be brought before the courts, where appropriate.
4. The environmental body shall consult the sponsor, the substantive body and the public authorities concerned and the persons concerned previously consulted in accordance with Article 22, for the minimum period of 40 and five working days in accordance with Article 22. to issue the reports and to make any claims they deem appropriate and to provide as many documents as they deem necessary. The consultation may be carried out by means of conventional, electronic or any other means, provided that the conduct of the consultation is established. After the deadline without receipt of the reports and allegations from the public administrations concerned, and the persons concerned, the modification procedure will continue if the environmental body has sufficient evidence to do so. In this case, the reports and allegations that are subsequently received will not be taken into account. If the environmental body did not have sufficient evidence to proceed with the modification procedure, either because the reports of the public administrations concerned had not been received, or because In the absence of such a decision, it will require the holder of the hierarchically superior body to issue the report, so that within ten working days from the date of order, order the competent body to refer the reports within 10 working days, without prejudice to the liability incurred by the person responsible for the delay. The requirement shall be communicated to the substantive body and to the sponsor and suspend the time limit for the environmental body to decide on the modification of the strategic environmental statement. In any event, the sponsor may claim to the competent administration the formulation of the reports, through the procedure provided for in Article 29.1 of Law 29/1998, of July 13, of Jurisdiction Administrative-litigation.
5. The environmental body, within three months from the start of the procedure, shall decide on the modification of the strategic environmental declaration that was made in its day.
6. The decision of the environmental authority on the amendment shall be of a decisive and non-actionable nature without prejudice to the administrative or judicial resources which, where appropriate, come against the acts or provisions which, after and after Consequently, they can be dictated. Such decision shall be notified to the sponsor and to the substantive body and shall be forwarded for publication within 15 working days of the Official Journal of the State or the official journal concerned, without prejudice to its publication in the The environmental organ.
Section 2. A simplified strategic environmental assessment procedure for the issuance of the strategic environmental report
Article 29. Application for the start of the simplified strategic environmental assessment.
1. Within the substantive procedure for adoption or approval of the plan or programme, the sponsor shall submit to the substantive body, together with the documentation required by the sectoral legislation, an application for the start of the environmental assessment. simplified strategy, accompanied by the draft plan or programme and a strategic environmental document containing at least the following information: a) The goals of the schedule. b) The scope and content of the proposed plan and its reasonable, technical and environmentally viable alternatives. c) The foreseeable development of the plan or program. d) A characterization of the environmental situation prior to the development of the plan or programme in the affected territorial area. e) The foreseeable environmental effects and, if appropriate, their quantification. f) The foreseeable effects on concurrent sectoral and territorial plans. g) The motivation for the application of the simplified strategic environmental assessment procedure. h) A summary of the reasons for selecting the alternatives contemplated. i) The measures envisaged to prevent, reduce and, as far as possible, correct any relevant negative effects on the environment of the implementation of the plan or programme, taking into account climate change. j) A description of the planned measures for environmental monitoring of the plan.
2. If the substantive body finds that the application for initiation does not include the documents referred to in the preceding paragraph, it shall require the sponsor to provide, within 10 working days, with the effects provided for in Article 71 of the Law 30/1992, dated November 26. The substantive body shall also verify that the documentation submitted in accordance with the sectoral legislation complies with the requirements.
3. Once the above checks have been carried out, the substantive body shall send the environmental body the application for initiation and the documents to accompany it.
4. Within 20 working days from the receipt of the application for the initiation of the simplified strategic environmental assessment, the environmental body may decide to refuse admission for some of the following reasons: a) If you clearly estimate that the plan or program is manifestly unfeasible for environmental reasons. b) If you estimate that the strategic environmental document does not meet sufficient quality conditions. Prior to the adoption of the resolution agreeing to the inadmissibility, the environmental body shall give the sponsor a hearing, informing the substantive body, for a period of 10 days, which suspends the provision of the declare the inadmission. Inadmission resolution shall justify the reasons for which it is appreciated, and in front of it, the legal proceedings may be brought in administrative and judicial proceedings where appropriate. Article 30. Consultations with the public administrations concerned and the persons concerned.
1. The environmental body shall consult the public administrations concerned and the persons concerned, making available the strategic environmental document and draft plan or programme.
2. The public authorities concerned and the persons concerned consulted shall decide within the maximum period of 45 working days from the receipt of the request for a report. After this period has not been received, the procedure shall continue if the environmental body has sufficient evidence to formulate the strategic environmental report. In this case, the previously received statements will not be taken into account. If the environmental body did not have sufficient evidence, either because the reports of the relevant public administrations that are relevant were not received, or because they were received Insufficient to decide, it shall personally require the holder of the hierarchically superior organ of that which would have to issue the report, so that within ten working days, counted from the receipt of the requirement, order the competent body to deliver the relevant report within 10 working days, without prejudice to the responsibilities of the person responsible for the delay. The requirement shall be communicated to the substantive body and to the sponsor and suspend the time limit. In any event, the sponsor may request the competent Administration to issue the report, through the procedure provided for in Article 29.1 of Law 29/1998, of 13 July of the Jurisdiction-Administrative Jurisdiction.
Article 31. Strategic Environmental Report.
1. The environmental body shall formulate the strategic environmental report within four months from the receipt of the application for the start and the documents to accompany it.
2. The environmental body, taking into account the outcome of the consultations carried out and in accordance with the criteria set out in Annex V, shall resolve by issuing the strategic environmental report, which may determine that: a) The plan or program must undergo an ordinary strategic environmental assessment because it may have significant effects on the environment. In this case the environmental body shall draw up the document of scope of the strategic environmental study, taking into account the outcome of the consultations carried out in accordance with Article 30, and the consultations shall not be necessary. regulated in Article 19. This decision shall be notified to the sponsor together with the scope document and the outcome of the consultations undertaken to produce the strategic environmental study and continue with the processing provided for in Articles 21 and next. b) The plan or program has no significant environmental effects, in the terms set forth in the strategic environmental report.
3. The strategic environmental report, once formulated, shall be submitted by the environmental body for publication within 15 working days of the "Official State Gazette" or the corresponding official journal, without prejudice to its publication in the headquarters. The environmental organ.
4. In the case referred to in paragraph 1 (b), the strategic environmental report shall lose its validity and cease in the production of its own effects if, once published in the Official Journal of the State or the official journal concerned, the approval of the plan or programme has not been carried out within the maximum period of four years from its publication. In such cases, the sponsor shall again initiate the simplified strategic environmental assessment procedure of the plan or programme.
5. The strategic environmental report shall not be the subject of any appeal without prejudice to those which, where appropriate, proceed on a judicial basis in the light of the general provision which the plan or programme has approved, or, without prejudice to the provisions of the proceed on an administrative basis to the act, where appropriate, for the approval of the plan or programme.
Article 32. Advertising the adoption or approval of the plan or program. Within 15 working days of the approval of the plan or programme, the substantive body shall forward the following documentation for publication in the Official Journal of the State or the official journal: a) The resolution adopting or approving the approved plan or programme, and a reference to the electronic address in which the substantive body shall make available to the public the full content of the plan or programme; or program. b) A reference to the "Official State Gazette" or corresponding official journal in which the strategic environmental report has been published.
CHAPTER II - Project Environmental Impact Assessment
Section 1. Regular Environmental Impact Assessment Procedure for the Environmental Impact Statement formulation
Article 33. Procedures and deadlines for the regular environmental impact assessment.
1. The ordinary environmental impact assessment procedure is initiated with the receipt by the environmental body of the complete environmental impact assessment file.
2. The following actions are established prior to the start of the ordinary environmental impact assessment procedure: a) The sponsor may, in accordance with Article 34, request that the environmental body produce the environmental impact assessment document. The maximum period for its preparation is three months. b) On a compulsory basis, the substantive body, within the substantive procedure for the authorisation of the project, shall carry out the procedures for public information and consultation of the public administrations concerned and the interested persons. Public information and consultation procedures will be in place for one year from completion. After this period has elapsed without the ordinary environmental impact assessment being initiated, the substantive body shall declare the expiry of the said procedures.
3. After the previous actions referred to in the previous paragraph, the ordinary environmental impact assessment shall be carried out in the following a) Start request. b) Technical analysis of the environmental impact file. c) Environmental impact statement. The environmental body will perform these procedures within four months, counted from the full receipt of the environmental impact file. This period may be extended for an additional two months due to justified, duly substantiated reasons. Article 34. Previous actions: consultations with the public administrations concerned and the persons concerned and preparation of the environmental impact study's scope document.
1. Prior to the start of the ordinary environmental impact assessment procedure, the sponsor may request the environmental body to produce a document of scope of the environmental impact study. The maximum period for drawing up the scope document is three months from the receipt of the request for the scope document.
2. To this end, the sponsor shall submit to the substantive body a request for determination of the scope of the environmental impact study, accompanied by the initial project document, containing at least the following information: a) The project definition, characteristics, and location. b) The main alternatives that are considered and an analysis of the potential impacts of each of them. c) A territorial and environmental diagnosis affected by the project. The substantive body, once formally verified the adequacy of the submitted documentation, will forward it, within ten working days, to the environmental body to produce the document of scope of the impact study environmental.
3. For the development of the environmental impact assessment document, the environmental body shall consult the public administrations concerned and the persons concerned.
4. The public authorities concerned and the persons concerned consulted shall decide within the maximum period of 30 working days from the receipt of the documentation. Elapsed this time without these pronouncements having been received, the procedure will continue if the environmental body has sufficient evidence to elaborate the scope document of the impact study. environmental. In this case, the previously received statements will not be taken into account. If the environmental body did not have sufficient evidence, either because the reports of the relevant public administrations were not received, or because they had received these reports. Insufficient to decide, it shall personally require the holder of the hierarchically superior organ of that which would have to issue the report, so that within ten working days, counted from the receipt of the requirement, order the competent authority to deliver the relevant report within 10 days (a) without prejudice to the responsibilities in which the person responsible for the delay may be liable. The request made shall be communicated to the substantive body and to the sponsor and shall suspend the time limit laid down for drawing up the scope document. In the event that no report has been received after the previous deadline, the environmental body shall notify the sponsor, who may develop the environmental impact assessment and continue with the processing of the procedure. In any event, the sponsor may request the competent administration to issue the report, through the procedure provided for in Article 29.1 of Law 29/1998 of July 13, of the Jurisdiction Administrative-litigation.
5. The replies to the consultations shall be received by the environmental body and shall send to the sponsor and the substantive body the scope document of the environmental impact study, together with the replies received to the consultations carried out within the framework. of the time limit laid down in Article 33.2.a).
6. Where the project has to be subject to an ordinary environmental impact assessment pursuant to Article 47.2.a), the environmental body shall take into account the outcome of the consultations carried out in accordance with Article 46 and shall not be required. conduct further consultations for the elaboration of the environmental impact study's scope document.
Article 35. Environmental impact study.
1. The sponsor shall prepare the environmental impact study which shall contain at least the following information in the terms developed in Annex VI: a) Overview of the project and forecasts over time about land use and other natural resources. Estimation of the types and quantities of waste discharges and emissions of the resulting matter or energy. b) Exposure of the main alternatives studied, including the zero alternative, or non-implementation of the project, and a justification of the main reasons for the solution adopted, taking into account the effects environmental. c) Evaluation and, if appropriate, quantification of the direct or indirect, cumulative and synergistic effects of the project on population, human health, flora, fauna, biodiversity, geodiversity, soil, subsoil, air, water, climatic factors, climate change, landscape, material goods, including cultural heritage, and the interaction between all the factors mentioned, during the phases of implementation, exploitation and Case during the demolition or abandonment of the project. When the project can directly or indirectly affect the Natura 2000 sites, a specific section will be included for the assessment of their impact on the site, taking into account the conservation objectives of the project. space. d) Measures to prevent, correct and, where appropriate, compensate for adverse effects on the environment. e) Environmental surveillance program. f) Summary of study and conclusions in easily understandable terms.
2. The Administration shall make available to the sponsor the reports and any other documentation in its possession when it is useful for the performance of the environmental impact study.
3. The environmental impact assessment shall be valid if within one year from the date of its conclusion it has not been submitted to the substantive body for the conduct of public information and consultations.
Article 36. Public information on the project and the environmental impact study.
1. The sponsor shall submit the project and the environmental impact study to the substantive body, which shall submit them to the public for a period of not less than 30 days, prior to the announcement in the Official State Gazette or official journal. corresponds to and, where appropriate, its electronic headquarters. This public information will be carried out at a stage of the substantive project authorization procedure where all options regarding the determination of the content, extension and definition of the project are open. project. In the case of projects that must be authorized by the General Administration of the State and which also require an integrated environmental authorization as provided for in Law 16/2002, of July 1, of Prevention and Control Integrated from Pollution, the substantive body shall carry out the public information referred to in this Article. In the case of projects submitted to a responsible declaration or prior communication, the environmental body shall be responsible for the implementation of the public information.
2. In the notice of initiation of public information, the substantive body, or in the case of the environmental body, shall include a summary of the project authorisation procedure, which shall contain at least the following information: a) Indication that the project is subject to an ordinary environmental impact assessment, as well as that, where appropriate, the provisions of Chapter III of this Title may apply in the field of consultations; Cross-border. b) Identification of the body responsible for authorising the project or, in the case of projects submitted to a responsible statement or prior communication, identification of the body to which the said declaration is to be submitted; or prior notice; identification of those bodies from which relevant information may be obtained and from those to whom allegations may be made, as well as the time available for submission.
3. The substantive body, or in the case of the environmental body, shall take the necessary measures to ensure that the documentation to be submitted to public information has the maximum dissemination among the public, preferably using the means of communication and electronics.
Article 37. Consultation of the public administrations concerned and the persons concerned.
1. At the same time as the public information procedure, the substantive body will consult the public administrations concerned and the persons concerned.
2. The substantive body shall require the following reports in a prescriptive manner: a) The report of the body with environmental powers of the autonomous community where the project is located territorially. b) The report on cultural heritage, where appropriate. c) The report of the body with powers in the field of hydraulic public domain, where appropriate. d) The report on maritime-terrestrial public domain, where applicable. The autonomous communities, within the scope of their powers, may establish the mandatory nature of any other report other than those mentioned above.
3. The queries shall be made by means of a notification containing at least the following information: a) The environmental impact study, or the place or places where it can be consulted. b) The body to which reports and allegations are to be submitted. c) All relevant documentation on the project for the purposes of the environmental assessment under the authority of the substantive body. The consultation of the Public Administrations concerned and the persons concerned may be carried out by means of conventional, electronic or any other means, provided that the conduct of the consultation is established.
4. The public authorities concerned and the persons concerned shall have a maximum period of 30 working days from the receipt of the notification to issue the reports and to make any allegations they deem relevant.
5. The substantive body shall make available to the public authorities concerned and to the persons concerned any other information other than that provided for in paragraph 3 of this Article, which may be obtained only after the expiry of the period of public information referred to in Article 36 and which is relevant for the purposes of the decision on the implementation of the project.
Article 38. Referral to the promoter of the outcome of the public information and of the consultations. Within the maximum period of 30 working days from the completion of the public information and consultation procedures to the public authorities concerned and to the persons concerned, the substantive body shall send the sponsor the reports and allegations received for consideration in the drafting, if any, of the new version of the project and in the environmental impact study.
Article 39. Start of the regular environmental impact assessment.
1. Within the substantive project authorisation procedure, the sponsor shall submit to the substantive body, together with the documentation required by the sectoral legislation, an application for the start of the ordinary environmental impact assessment, accompanied by the following documentation which shall constitute the minimum content of the environmental impact assessment file: a) The project's technical document. b) The environmental impact study. c) The allegations and reports received in the proceedings of public information and consultations with the public authorities concerned and the persons concerned. d) Where appropriate, any comments deemed appropriate by the substantive body.
2. If the substantive body finds that the application for initiation does not include the documents referred to in the preceding paragraph, it shall require the sponsor to accompany, within 10 working days, the required documents, with the intended effect of Article 71 of Law No 30/1992 of 26 November of the Legal Regime of Public Administrations and of the Common Administrative Procedure. The substantive body will also formally verify that the documentation submitted complies with the requirements of the sectoral legislation.
3. Once the above checks have been carried out, the substantive body shall send the environmental body the application for initiation and the documents to accompany it.
4. Within 20 working days from the receipt of the application for the start of the ordinary environmental impact assessment, the environmental body may decide to refuse admission for some of the following reasons: a) If you clearly estimate that the project is manifestly unfeasible for environmental reasons. b) If you estimate that the environmental impact study does not meet sufficient quality conditions. c) If you have already admitted or already issued an unfavourable environmental impact statement in a project that is substantially analogous to the one presented. Prior to the adoption of the resolution agreeing to the inadmissibility, the environmental body shall give the sponsor a hearing, informing the substantive body, for a period of 10 working days which suspends the intended to declare the inadmission. Inadmission resolution shall justify the reasons for which it is appreciated, and in front of it, the legal proceedings may be brought in administrative and judicial proceedings where appropriate. Article 40. Technical analysis of the dossier.
1. The environmental organ shall conduct a technical analysis of the environmental impact file, assessing the environmental effects of the project. It will be analysed, in particular, how the outcome of the public information procedure has been taken into account, the consultations with the public authorities concerned and the persons concerned and, where appropriate, the outcome of the cross-border consultations. Climate change will also be taken into account.
2. If during the technical analysis of the environmental impact file the environmental body considers that the public information or the consultations have not been carried out in accordance with this law, it will require the substantive body to subsane the the environmental impact file within three months. In such cases, the time limit for the formulation of the environmental impact statement shall be suspended. If after three months the substantive body has not submitted the subsated file, or if once presented is insufficient, the environmental organ will terminate the regular environmental impact assessment, notifying to the sponsor and to the substantive organ the termination resolution. Against this resolution, legal proceedings may be brought in the administrative and judicial proceedings where appropriate.
3. If during the technical analysis of the dossier, the environmental body concludes that additional information concerning the environmental impact assessment is necessary or that the sponsor has not taken into account the allegations received during the course of the investigation. public information will require you, informing the substantive body, to complete the information that is essential for the formulation of the environmental impact statement. This request suspends the deadline for the formulation of the environmental impact statement. If after three months the sponsor has not submitted the required information or, once submitted, is insufficient, the environmental organ will terminate the regular environmental impact assessment, notifying the promoter and the substantive organ the termination resolution. Against this resolution, legal proceedings may be brought in administrative and judicial proceedings, where appropriate.
4. The environmental body shall continue with the procedure provided that it has sufficient evidence to carry out the environmental impact assessment. If the environmental impact file does not contain any of the mandatory reports referred to in Article 37.2 and the environmental body does not have sufficient evidence to carry out the impact assessment It shall, in person, require the holder of the hierarchically superior body to issue the report so that, within ten days, from receipt of the request, the competent body shall be ordered to deliver it. of the relevant report within 10 days, without prejudice to the responsibilities of the that the person responsible for the delay may incur. The requirement shall be communicated to the substantive body and to the sponsor and shall suspend the time limit for the formulation of the environmental impact statement. If the environmental body has not received the report within ten days, it shall inform the substantive body and the sponsor of the impossibility of continuing the procedure. In any event, the sponsor may request the competent Administration to issue the report through the procedure provided for in Article 29 of Law 29/1998 of July 13, of Jurisdiction-Administrative Jurisdiction.
Article 41. Environmental impact statement.
1. The environmental impact assessment shall be formulated by the environmental body after the technical analysis of the environmental impact assessment dossier is completed.
2. The environmental impact statement shall be of a mandatory and decisive nature and shall determine whether or not it is appropriate for the environmental effects, the implementation of the project and, where appropriate, the conditions under which it may be developed. corrective measures and compensatory measures. The environmental impact statement shall include at least the following content: a) The identification of the project promoter and the substantive organ, and the description of the project. b) The summary of the outcome of the public information process and of the consultations with the public administrations concerned and the persons concerned, and how they have been taken into account. c) The summary of the technical analysis performed by the environmental body. d) If they come, the conditions to be established and the measures to prevent, correct and, where appropriate, compensate for adverse effects on the environment. e) The compensatory measures to be established in the event of the circumstances provided for in Article 45 of Law 42/2007, of 13 December, of Natural Heritage and Biodiversity. f) The environmental monitoring program. g) If applicable, the creation of a monitoring commission. h) In the case of periodic operations, the statement of reasons for the decision and the time limit referred to in the additional provision shall be tenth.
3. The environmental impact statement shall be submitted for publication within 15 days of the Official Journal of the State or the official journal concerned, without prejudice to its publication in the electronic seat of the environmental body.
4. The environmental impact statement shall not be the subject of an appeal without prejudice to those who, where appropriate, proceed on the administrative and judicial basis against the act authorising the project.
Article 42. Advertisement of the project authorization.
1. The substantive body, within 15 days of the adoption of the decision to authorise or refuse the project, shall forward to the "Official State Gazette" or the official journal concerned, for publication, an extract of the content of the decision. The decision on the authorisation or refusal of the project and a reference to the "Official State Gazette" or the corresponding official journal on which the impact statement was published shall also be published in its electronic headquarters. environmental.
2. The information referred to in the previous paragraph shall be sent to the Member States which have been consulted in accordance with Chapter III of this Title on cross-border consultations.
Article 43. The validity of the environmental impact statement.
1. The environmental impact statement of the project or activity shall be forfeited and cease in the production of its own effects if, once published in the "Official State Gazette" or corresponding official journal, there is no the implementation of the project or activity has begun within four years. In such cases, the sponsor shall initiate the environmental impact assessment procedure again, unless the extension of the environmental impact declaration is agreed upon in the terms provided for in the following terms: paragraphs. In the absence of specific regulation, the project shall be defined at the beginning of the project when, once all the authorizations that are required have been obtained, the works or the assembly of the installations have been materially started. necessary for the execution of the project or activity and thus consists of the Administration. For the purposes set out in this paragraph, the sponsor of any project or activity subject to environmental impact assessment shall inform the environmental body of the date of commencement of the implementation of that project or activity.
2. The sponsor may request the extension of the validity of the environmental impact statement before the time limit laid down in the previous paragraph. The application made by the sponsor shall suspend the four-year period of the previous paragraph.
3. The environmental body may agree to extend the validity of the environmental impact declaration if substantial changes have not been made to the essential elements that have been used to carry out the assessment. of environmental impact, extending its validity for two additional years. After this period has elapsed without the project or activity being started, the sponsor shall start the environmental impact assessment procedure of the project again.
4. The environmental body shall decide on the request for an extension within six months from the date of submission of the request. The environmental body will request the public authorities concerned for the matter in relation to the essential elements that have been used to carry out the environmental impact assessment. These administrations must decide within a period of two months, which may be extended, for duly justified reasons, for one month.
5. After the deadline without the environmental authority having resolved the extension of the validity of the environmental impact declaration, the request for an extension shall be deemed to be considered.
Article 44. Modification of the conditions of the environmental impact declaration.
1. The conditions of the environmental impact declaration may be modified when any of the following conditions are met: a) The entry into force of new regulations that substantially affects compliance with the conditions set out in the environmental impact declaration. b) Where the environmental impact statement establishes conditions for which compliance is made impossible or unnecessary because the use of the new and best available techniques at the time of the application of the modification allows for a better and more adequate protection of the environment, with respect to the project or action initially submitted to environmental impact assessment. c) When monitoring compliance with the environmental impact statement is detected that preventive, corrective or compensatory measures are insufficient, unnecessary or ineffective.
2. The procedure for amending the conditions of the environmental impact declaration may be initiated on its own initiative or at the request of the sponsor. The environmental body shall initiate such a trade procedure either on its own initiative or on a reasoned request from the substantive body, or on complaint, by agreement. In the event that a reasoned request or complaint has been received, the environmental body shall decide on the provenance of the procedure to be agreed within 20 working days from the receipt of the request or of the complaint.
3. Within 20 working days from the receipt of the application by the sponsor to initiate the amendment of the environmental impact declaration, the environmental body may provide a reasoned decision to be inadmitted. In the event of such a decision, the legal proceedings may be brought before the courts, where appropriate.
4. In the proceedings initiated at the request of the sponsor, the sponsor shall submit the application and the supporting documentation for the modification of the environmental impact statement to the substantive body for analysis, verification and subsequent analysis. referral to the environmental body within the maximum period of 30 days from the receipt of the request.
5. In order to be able to resolve the request for modification of the environmental impact declaration, the environmental body shall consult the public authorities concerned and persons concerned previously consulted. The public authorities concerned and the persons concerned shall decide within the maximum period of 30 days. After the deadline without any reports or allegations being received, the modification procedure will continue if the environmental body has sufficient evidence to do so. In this case, the reports or allegations that are subsequently received will not be taken into account. If the environmental body did not have sufficient evidence to proceed with the modification procedure, either because the reports of the affected public administrations would not have been received (i) because, having received, these results are insufficient to decide, it will personally require the head of the hierarchically superior body of the one who would have to issue the report, so that within ten days of from the receipt of the request, order the competent body to deliver the report within ten days, without prejudice to the responsibilities of the person responsible for the delay. The requirement shall be communicated to the substantive body and to the sponsor and shall suspend the time limit for the formulation of the environmental impact statement. In any event, the sponsor may request the competent administration to issue the report, through the procedure provided for in Article 29.1 of Law 29/1998 of July 13, of Jurisdiction-Administrative Jurisdiction.
6. The maximum time limit for the issue and notification of the resolution of the amendment of the environmental impact declaration shall be 30 days from the receipt of the requested reports to the authorities concerned by reason of the matter. This resolution shall be published in the Official Journal of the State or the official journal concerned.
7. For the purposes set out in this Article, the sponsor of any project or activity subject to environmental impact assessment shall inform the environmental body of the date of commencement of the implementation of the amendment of the condition set out in the relationship to that project or activity.
Section 2. Simplified Environmental Impact Assessment
Article 45. Request to start the simplified environmental impact assessment.
1. Within the substantive procedure for the authorisation of the project, the sponsor shall submit to the substantive body, together with the documentation required by the sectoral legislation, an application for the start of the environmental impact assessment. simplified, accompanied by the environmental document with the following content: a) The motivation of the application of the simplified environmental impact assessment procedure. b) The project definition, characteristics, and location. c) An exhibition of the main alternatives studied and a justification of the main reasons for the solution adopted, taking into account the environmental effects. d) An assessment of the direct or indirect, cumulative and synergistic effects of the project on the population, human health, flora, fauna, biodiversity, soil, air, water, climatic factors, climate change, landscape, material goods, including cultural heritage, and the interaction between all the factors mentioned, during the phases of implementation, exploitation and where appropriate during the demolition or abandonment of the project. When the project can directly or indirectly affect the Natura 2000 sites, a specific section will be included for the assessment of their impact on the site, taking into account the conservation objectives of the project. space. e) Measures to prevent, reduce and compensate and, as far as possible, correct any relevant negative effects on the environment of project implementation. f) The way to carry out the monitoring to ensure compliance with the protective and corrective indications and measures contained in the environmental document.
2. If the substantive body finds that the application for initiation does not include the documents referred to in the preceding paragraph, it shall require the sponsor to accompany, within a period of 10 days, the required documents, with the intended effects on the Article 71 of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure. The substantive body shall also verify that the documentation submitted in accordance with the sectoral legislation complies with the requirements.
3. Once the above checks have been carried out, the substantive body shall send the environmental body the application for initiation and the documents to accompany it.
4. Within 20 days of the receipt of the application for the initiation of the simplified environmental impact assessment, the environmental body may decide to refuse admission for some of the following reasons: a) If you clearly estimate that the project is manifestly unfeasible for environmental reasons. b) If you estimate that the environmental document does not meet sufficient quality conditions. Prior to the adoption of the resolution agreeing to the inadmissibility, the environmental body shall give the sponsor a hearing, informing the substantive body, for a period of 10 days, which suspends the provision of the declare the inadmission. Inadmission resolution shall justify the reasons for which it is appreciated, and the legal proceedings may be brought against it in administrative and judicial proceedings, where appropriate. Article 46. Consultations with the public administrations concerned and the persons concerned.
1. The environmental body shall consult the public administrations concerned and the persons concerned, making available the environmental document of the project referred to in the previous article.
2. The public authorities concerned and the persons concerned shall be required to give an opinion within the maximum period of 30 days from the receipt of the request for a report. Elapsed this time without the delivery of the statement, the procedure will continue if the environmental body has sufficient evidence to formulate the environmental impact report. In this case, the previously received statements will not be taken into account.
3. If the environmental body does not have sufficient evidence of the evidence, either because the reports of the relevant public administrations are not received, or because, in the absence of such reports, they are insufficient. To decide, it will personally require the holder of the hierarchically superior organ of the one who would have to issue the report, so that within ten days, counted from the receipt of the requirement, order the competent organ the delivery of the relevant report within 10 days, without prejudice to the responsibilities in which the person responsible for the delay may incur. In any event, the sponsor may request the competent Administration to issue the report, through the procedure provided for in Article 29.1 of Law 29/1998 of 13 July, of the Jurisdiction-Administrative Jurisdiction.
Article 47. Environmental impact report.
1. The environmental impact report shall be formulated by the environmental body within three months of receipt of the application for the start and of the documents to accompany it.
2. The environmental body, taking into account the outcome of the consultations carried out and in accordance with the above paragraph, shall resolve by issuing the environmental impact report, which may determine that: a) The project must undergo an ordinary environmental impact assessment for having significant effects on the environment. In this case, the sponsor shall prepare the environmental impact assessment in accordance with Article 35. For this purpose, the sponsor may request the environmental body to the environmental impact study's scope document in the terms of Article 34. b) The project has no significant effects on the environment, in the terms set out in the environmental impact report.
3. The environmental impact report shall be submitted for publication within 15 days of the Official Journal of the State or the official journal concerned, without prejudice to its publication in the electronic seat of the environmental body.
4. In the case referred to in paragraph 1 (b), the environmental impact report shall lose its validity and cease to be in the production of its own effects if, once published in the Official Journal of the State or the official journal concerned, it is not the project has been authorised within the maximum period of four years from its publication. In such cases, the sponsor shall initiate the project's simplified environmental impact assessment procedure again.
5. The environmental impact report shall comply with the criteria set out in Annex III.
6. The environmental impact report shall not be subject to any action without prejudice to those which, where appropriate, proceed on the administrative or judicial basis, in the event of authorisation of the project, where appropriate.
Article 48. Advertisement of the project authorization. The substantive body, within a period of 15 days after the adoption of the decision to authorize or refuse the project, shall forward to the "Official State Gazette" or the official journal concerned, for publication, an extract of the content of that decision. The decision on the authorisation or refusal of the project and a reference to the "Official State Gazette" or the corresponding official journal on which the impact report was published shall also be published in its electronic headquarters. environmental.
CHAPTER III - Cross-border queries
Article 49. Consultations with other States in the environmental assessment procedures.
1. Where the implementation in Spain of a plan, a programme or a project may have significant effects on the environment of another Member State of the European Union or of another State to which Spain has an obligation to consult under international instruments, the Ministry of Foreign Affairs and Cooperation shall notify that State of the existence of the plan, programme or project, and the procedure for adoption, approval or authorization to which it is subject, giving it a period of 30 days for the decision on its intention to participate in the evaluation procedure environmental. The Ministry of Foreign Affairs and Cooperation shall make the notification at the request of the substantive body or at the request of the State which may be affected.
2. The notification referred to in the preceding paragraph shall be made as soon as possible and, at the latest, when the public information procedure is initiated. Where the environmental assessment procedure includes the process of determining the scope document of the strategic environmental study or of the environmental impact study, the notification may be carried out during this procedure and at the request of the environmental organ.
3. The notification to the State which may be affected shall be accompanied by the following documentation: a) A summary of the procedure for adoption, approval or authorization to which the plan, program or project is subject, including the environmental assessment, and the phase of the procedure in which the consultations will take place Cross-border. b) The initial version of the plan or programme and the part of the strategic environmental study relating to possible cross-border effects, in the case of plans or programmes, or the project and part of the environmental impact study on the possible cross-border effects in the case of projects. c) When the notification is made in the process of determining the scope document of the strategic environmental study or environmental impact study, it shall include the initial document of the plan, programme or project instead of the documentation referred to in paragraph (b).
4. If the State concerned has expressed its intention to participate in the environmental assessment procedure, the Ministry of Foreign Affairs and Cooperation, in collaboration with the environmental body and the substantive body, and taking into account the bilateral or multilateral agreements signed by Spain to the effect: (a) Set a reasonable timetable for the conduct of cross-border consultations and the measures to be taken to ensure that the public authorities concerned and the public concerned in that State are able to participate in the environmental assessment procedure, including which documents are to be translated. (b) Rissue the initial version of the plan or programme and the part of the strategic environmental study relating to possible cross-border effects, in the case of plans or programmes, or the project and part of the impact study environmental effects, in the case of projects, when this documentation has not already been submitted.
5. The comments made by the environmental authorities and the interested public of the State concerned shall be taken into account in the formulation of the strategic environmental declaration or in the formulation of the environmental impact declaration.
6. The deadlines provided for in this law for the environmental assessment of plans, programmes and projects shall be suspended as long as cross-border consultations have not been completed. 7. The environmental authority shall forward to the Ministry of Foreign Affairs and Cooperation, for the purpose of its transfer to the State concerned, the decision making the strategic environmental statement of the plan or programme, or the environmental impact declaration. of the project. The substantive body shall also transmit to the Ministry of Foreign Affairs and Cooperation, for shipment to the State concerned, the approved plan or programme or the approved project.
Article 50. Consultations of other States in their environmental assessment procedures.
1. Where a State notifies that a plan, programme or project envisaged in its territory may have significant environmental effects in Spain, the Ministry of Foreign Affairs and Cooperation shall inform the other State, after consulting the Ministry. Agriculture, Food and the Environment on the will to participate or not in the corresponding environmental assessment. Also, when the Ministry of Agriculture, Food and Environment or an autonomous community considers that the execution of a plan, program or project of another State may have significant effects on the environment Spain, shall request that State, through the Ministry of Foreign Affairs and Cooperation, to be notified of the existence of the plan, programme or project, and the procedure of adoption, approval or authorization to which it is subject, to be able to assess the willingness to participate in the relevant environmental assessment.
2. Once expressed the will to participate in the environmental assessment, the Ministry of Foreign Affairs and Cooperation in collaboration with the Ministry of Agriculture, Food and Environment, and taking into account the bilateral agreements or multilateral agreements signed by Spain to the effect, shall request relevant information from the plan, programme or project and its possible significant transboundary effects on the environment. When consultations with the public authorities concerned and the public concerned are not regulated in another law or in bilateral or multilateral agreements signed by Spain to that effect, they shall be carried out by the Ministry. of Agriculture, Food and the Environment, in the terms referred to in Articles 36 and 38.
3. Once the consultations have been carried out with the public authorities concerned and the public concerned and the technical analysis of the dossier has been carried out, the Ministry of Agriculture, Food and the Environment will forward to the State of origin, through the Ministry of Foreign Affairs and Cooperation, a report on the following aspects: (a) The outcome of the consultations with the public authorities concerned and the public concerned. (b) The conclusions on the cross-border impacts of the project, the alternatives studied, the preventive, corrective and, if appropriate, follow-up measures, as well as the way in which they are to be taken into account in the plan, program, or project.
4. When the final decision of the plan, program or project is received, the Ministry of Agriculture, Food and Environment will make it public in its electronic headquarters.
TITLE III - Tracking and sanctioning regime
CHAPTER I - Tracking
Article 51. Follow up on strategic environmental statements and strategic environmental reports.
1. The substantive bodies or bodies which, where appropriate, designate the autonomous communities in respect of plans or programmes which are not of state competence, shall monitor the effects on the environment of their implementation or execution, inter alia, in order to identify promptly any adverse effects not foreseen and to allow appropriate measures to be taken to prevent them. For these purposes, the sponsor shall forward to the substantive body, in the terms set out in the strategic environmental statement or in the strategic environmental report, a follow-up report on compliance with the declaration. strategic environmental report or strategic environmental report. The monitoring report shall include a checklist of the measures provided for in the environmental monitoring programme. The environmental monitoring programme and the checklist shall be made public at the electronic headquarters of the substantive body.
2. The environmental body shall participate in the monitoring of such plans or programmes. To this end, the environmental body may collect information and carry out any checks it deems necessary.
3. Strategic environmental statements and strategic environmental reports of plans and programs of state competence, may establish, at the proposal of the substantive body and with the express agreement of the autonomous community, that the monitoring of certain environmental conditions, criteria or indicators are carried out by the competent authority of the Autonomous Community.
4. To avoid duplication, existing monitoring mechanisms may be used.
Article 52. Monitoring of environmental impact statements and environmental impact reports.
1. It is up to the substantive body or bodies which, where appropriate, to designate the autonomous communities in respect of non-State-owned projects, monitoring of compliance with the environmental impact declaration or the report of the environmental impact. The environmental impact statement or the environmental impact report may define, if necessary, the monitoring requirements for compliance with the conditions set out therein. For this purpose, the sponsor shall forward to the substantive body, in the event that this has been determined in the environmental impact statement or the environmental impact report and in the terms set out in those resolutions, a report of monitoring of compliance with the conditions, or of the corrective and countervailing measures laid down in the environmental impact declaration. The monitoring report shall include a checklist of the measures provided for in the environmental monitoring programme. The environmental monitoring programme and the checklist shall be made public at the electronic headquarters of the substantive body.
2. The environmental body may collect information and carry out any checks it deems necessary to verify compliance with the condition of the environmental impact statement or the environmental impact report.
3. The sponsor is obliged to allow officials who have the status of public authority to have access to the facilities and sites linked to the implementation of the project, in accordance with the guarantees provided for in Article 18 of the Constitution. The sponsor shall also be obliged to provide them with the necessary collaboration for their development, providing the information and documentation required for this purpose.
4. Environmental impact statements and environmental impact reports on state competition projects, except for projects subject to nuclear energy regulations and those for the production of explosives, may be established on a proposal. of the substantive body and with the express agreement of the Autonomous Community, that the monitoring of certain conditions, corrective and compensatory measures is carried out by the competent body of the Autonomous Community.
CHAPTER II - Sanctioning Regime
Article 53. Sanctioning power. The sanctioning authority will be the substantive organ in the private projects that must be authorized by the General Administration of the State and the bodies that determine the autonomous communities in their field of competence.
Article 54. Subjects responsible for the infringements.
1. The promoters of projects which have the status of a private natural or legal person who are responsible for those offences may be punished for the acts constituting the administrative offences covered by this Chapter.
2. Where compliance with a legal obligation corresponds to a number of persons together, they shall respond in solidarity to the infringements which, where appropriate, are committed and to the penalties imposed.
Article 55. Infringements in the area of environmental impact assessment.
1. Without prejudice to the infringements which, where appropriate, may be established by the Autonomous Communities, infringements in the field of environmental impact assessment in the case of private projects carried out by private natural or legal persons shall be classified in very serious, severe and mild.
2. The initiation of the execution of a project, including those subject to a responsible statement or prior communication, subject to an ordinary environmental impact assessment without having previously obtained the relevant declaration of a project, is very serious. environmental impact.
3. These are serious violations: a) The start of the execution of a project, including subject to a responsible statement or prior communication, subject to a simplified environmental impact assessment without having previously obtained the impact report environmental. b) The concealment of data, its distortion or malicious manipulation in the assessment procedure. c) Failure to comply with environmental conditions, corrective or compensatory measures as set out in the environmental impact statement and included in the resolution approving or ultimately authorising the project; or non-compliance with the environmental conditions set out in the environmental report, and included in the resolution approving or ultimately authorising the project or, where appropriate, in the responsible statement or prior communication of the project. d) Failure to comply with the requirement agreed by the Administration for the suspension of project execution.
4. It is a minor breach of any of the obligations or requirements contained in this Act, where it is not classified as very serious or serious.
5. In the event that the same infringer commits a number of actions likely to be considered as a number of infringements, there will be as many penalties as infringements would have been committed. In the case where the same facts may be the constituent of a number of offences, the penalty for the most serious offence in its upper half shall be imposed. In the case where facts are the constitutive of a qualifying infringement as a means or instrument to ensure the commission of other acts also constituting an infringement so that they necessarily derive from those acts, the more severe penalty on its top half.
6. The infringements shall be prescribed within the following time limits, which shall be computed from the day of the commission of the offence: a) Very serious infractions at three years. b) Serious infractions at two years. c) Minor violations per year.
Article 56. Penalties for infringements in the field of environmental impact assessment.
1. The offences listed in the previous Article shall result in the imposition of the following penalties: a) In case of very serious infringement: fine from 240,401 to 2,404,000 euros. b) In the case of serious infringements: fine from 24,001 to EUR 240,400. c) In the case of minor infractions: fine of up to 24,000 euros.
2. Penalties shall be imposed within the following time limits which shall be computed from the day following that in which the decision imposing the sanction is final: a) The very serious sanctions at three years. b) Serious sanctions at two years. c) Mild penalties per year.Sanctions shall be imposed in the light of the circumstances of the person responsible, degree of guilt, reiteration, participation and benefit obtained and extent of the damage to the environment or the danger in which the health of the persons, in accordance with the provisions of Article 131.3 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.
3. Without prejudice to the provisions of this Article, the imposition of a penalty on a firm basis by the very serious infringement commission shall result in the prohibition of the contracting established in Article 60.1.c) of the Recast Text of the Law of Contracts of the Public Sector approved by Royal Legislative Decree 3/2011 of 14 November or a rule that, if applicable, replaces it.
4. If the sanctioned conduct has caused damage to the Public Administration or to the environment lacking specific provision in the sectoral legislation, the decision of the procedure may declare: a) The requirement for the offender to replace his/her state of origin with the situation altered by the infringement. In this respect, when the commission of an infringement of those provided for in this standard produces an environmental damage, it will proceed in accordance with the provisions of Law 26/2007, of October 23, of Liability Environmental or legislation which, where appropriate, is given for that purpose. b) The compensation for damage and damage caused, where the amount of damage is determined during the procedure.
5. The provisions of this Article shall be without prejudice to the powers of the autonomous communities in this field.
Article 57. Sanctions concurrency.
1. Acts which have been punishable by criminal or administrative punishment may not be sanctioned in cases where the identity of the subject, fact and substance is assessed.
2. Where the alleged infringer may be a criminal offence or a fault, it will be transferred from the fault to the Prosecutor's Office, while the prosecution of the sanctioning procedure should be suspended from the same moment while the judicial authority does not he has issued a final decision to terminate the proceedings or to terminate the proceedings or file the proceedings or to refer the case back to the Prosecutor's Office. If the existence of a crime has not been appreciated, the competent administrative body shall continue the criminal case. The stated facts proven in the final court judgment will bind the administrative body.
CHAPTER III - Sanctioning Procedure
Article 58. Initiation.
1. Sanctioning procedures shall always be initiated on their own initiative, either on their own initiative or as a result of higher order, reasoned request from other bodies or denunciation.
2. Prior to the initiation of the procedure, prior action may be taken in order to determine on a preliminary basis whether or not circumstances warrant such initiation. In particular, these actions shall be aimed at determining, as precisely as possible, the facts which may be used to encourage the opening of the procedure, the identification of the person or persons who may be responsible and the relevant circumstances that are present in each other.
3. The previous actions may be carried out by the substantive body to which the monitoring is responsible and by the environment to which the inspection in the field is responsible.
4. The initiation agreement of the sanctioning procedures shall be formalised with the following minimum content: a) Identification of the person (s) or private legal persons (s) allegedly responsible. b) The facts which are succinctly set out in the opening of the proceedings, their possible qualification and the penalties which may be imposed, without prejudice to the result of the instruction. c) Instructor and, where appropriate, Registrar of the procedure, with express indication of the system of recusal of the same. d) Authority competent for the resolution of the file and rule giving it such competence. e) Interim measures which have been agreed by the competent body to initiate the sanctioning procedure, without prejudice to those which may be adopted during the procedure in accordance with the following Article. f) Indication of the right to make representations and to the hearing in the proceedings and the time limits for their exercise.
5. The initiation agreement shall be communicated to the instructor, with the transfer of any such action, and the complainant shall be notified, where appropriate, and to the persons concerned, in any case understood to be the case.
Article 59. Measures of a provisional nature.
1. The competent authority for the instruction of the sanctioning procedure, in cases of urgency and for the provisional protection of the interests involved, may take the provisional measures necessary prior to the initiation of the Penalty proceedings, subject to the limits and conditions laid down in Article 72 of Law No 30/1992 of 26 November 1992 and other applicable rules.
2. Once the sanctioning procedure has been initiated, the body responsible for resolving, on its own initiative or at the request of the environmental body, may at any time and by means of a reasoned agreement, agree to suspend the implementation of the project and to adopt other measures of a provisional nature to ensure the effectiveness of the final resolution that may be placed on it.
Article 60. Instruction.
1. The parties concerned shall have a period of 15 days in which to submit any allegations, documents or information they deem appropriate and, where appropriate, to propose proof of the means to which they intend to avail themselves. The notification of initiation of the procedure shall indicate to the interested parties that period.
2. In the case of the notification referred to in the preceding paragraph, the instructor of the proceedings shall make as appropriate as any action necessary for the examination of the facts, obtaining the relevant information and information to determine, where appropriate, the existence of liability liable to sanction.
3. If, as a result of the instruction in the proceedings, the initial determination of the facts, their possible qualification, the taxable penalties or the responsibilities liable to be imposed is amended, all this shall be notified to the the proposal for a resolution should be laid down for a period of 15 days for the formulation of claims in this respect.
Article 61. Test.
1. If the arguments have been received or the time limit set for that purpose, the instructor may agree to open a probationary period, in accordance with the provisions of Articles 80 et seq. and 137.4 of Law No 30/1992 on Legal Conditions. of the General Administration and the Common Administrative Procedure, for a period not exceeding 30 days and less than 10 days.
2. The facts established by officials to whom the status of authority is recognised and which are formalised in a public document, subject to the relevant legal requirements, shall have probative value, without prejudice to the evidence to be given to them. the respective rights or interests may be indicated or provided by the managed own.
Article 62. Motion for a resolution. Where appropriate, the test shall be completed by the instructor of the procedure, which shall formulate a motion for a resolution setting out the reasons for the facts, specifying those which are considered to be proven and their exact qualification. The Court of First Instance shall, in accordance with Article I of the Treaty, determine the infringement which, where appropriate, those persons constitute and the person or persons responsible, specifying the sanction which it proposes to impose and the provisional measures which have been taken, where appropriate, by the competent authority to initiate the procedure or the instructor of the procedure; or it shall be proposed the declaration of non-existence of infringement or liability.
Article 63. Hearing.
1. The motion for a resolution shall be notified to the parties concerned, indicating the outcome of the procedure. The notification shall be accompanied by a list of the documents in the proceedings so that the parties concerned may obtain copies of the documents they deem appropriate, giving them a period of 15 days to make representations and present the documents and information they deem relevant to the instructor of the procedure.
2. Proceedings may be waived where they are not included in the proceedings and are not taken into account other facts or other allegations and evidence which the person concerned has given them, where appropriate.
3. The motion for a resolution shall be sent immediately to the body responsible for resolving the proceedings, together with all the documents, allegations and information contained therein.
Article 64. Resolution.
1. Before making a decision, the body responsible for resolving may decide, by means of a reasoned agreement, to carry out the necessary additional measures to resolve the procedure. The agreement to carry out complementary actions will be notified to the interested parties, giving them a period of seven days to formulate the arguments that they have for the relevant ones. Complementary actions shall be carried out within a period not exceeding 15 days. The time limit for resolving the procedure shall be suspended until the completion of the accompanying measures. The reports preceding the final decision of the procedure shall not be taken into account by any additional action.
2. The competent body shall give a decision which shall be reasoned and shall decide on all the questions raised by the parties concerned and those arising from the proceedings. The resolution shall be adopted within one month of receipt of the motion for a resolution and the documents, allegations and information obtained in the proceedings.
3. The decision may not accept facts other than those determined in the course of the procedure, except where appropriate, where appropriate, in the application of the provisions of the first paragraph of this Article, irrespective of their differing nature. legal assessment. However, and only where the body responsible for resolving the case considers that the infringement is more serious than that determined in the motion for a resolution, the defendant shall be notified of any such claims as to be appropriate, to grant it a period of 15 days.
4. The resolutions of the sanctioning procedures, in addition to containing the elements provided for in Article 89.3 of Law 30/1992 of the Legal Regime of the Public Administrations and of the Common Administrative Procedure, shall include the of the tests carried out, and in particular of those which constitute the basis of the decision, shall lay down the facts and, where appropriate, the person or persons responsible, the offence or offences committed and the sanction or penalties which impose, or the declaration of non-existence of infringement or liability.
5. The decisions shall be notified to the parties concerned. If the procedure has been initiated as a result of higher order or reasoned request, the resolution shall also be communicated to the administrative body responsible for that decision.
6. The expiry of the sanctioning file shall be declared if the time limit of one year after the initiation of the initiation agreement has not been notified of the decision. Additional disposition first. Evaluation of projects subject to a responsible statement or prior communication.
1. The environmental impact assessment procedures covered by this law shall apply to projects which, being included in their scope, do not require an authorisation but a responsible statement or prior communication. provided for in Article 71a of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.
2. Without prejudice to the provisions of the autonomic rules, where it is the responsibility of the General Administration of the State to make the environmental impact statement or to issue the environmental impact report, the functions attributed to the substantive body the environmental organ must be performed.
3. The obligations for the publication of the project authorisation shall be understood to be fulfilled with the publication of the environmental impact statement or the environmental impact report.
4. In such cases, the environmental impact statement and the environmental impact report may be brought to the proceedings which, where appropriate, are on the administrative or judicial basis. Additional provision second. Plans and programmes co-financed by the European Union. The environmental assessment of plans and programmes co-financed by the European Union shall be carried out in accordance with the provisions of the Community rules applicable to it. Additional provision third. Reporting obligations. The public authorities will provide the Ministry with powers in the field of the environment with the information necessary for the fulfilment of the information obligations arising from international law and community. Additional provision fourth. Relationship of environmental assessment to other standards. For those plans, programmes or projects for which there is an obligation to carry out an environmental assessment under this law and under other rules, competent public administrations shall establish procedures. coordinated or joint in order to avoid duplication of assessments. Additional provision fifth. Concurrency and hierarchy of plans or programs.
1. Where there is a concurrency of plans or programmes promoted by different public administrations, they shall take the necessary measures to enable them to be supplemented and to avoid duplication of assessments, ensuring that all significant environmental effects of each are properly evaluated.
2. Where plans and programmes are structured in different hierarchical areas of decision of the same public administration, the environmental assessment in each of them shall be carried out taking into account the stage of the decision process in which the plans and programmes are finds the plan or program, to avoid duplicity of evaluations. Additional provision sixth. State ownership infrastructure. For the purposes of the fourth additional provision, on the concurrency and the hierarchy of plans or programmes, they must not undergo a new assessment procedure as a result of the preparation and approval of a urban or territorial planning, the infrastructure of State ownership in whose sectoral planning the environmental assessment has been carried out in accordance with the provisions of this law. In such cases, the public administration competent for the approval of the planning or territorial planning plan may require that the aspects not specifically considered in the first assessment be taken into account. environmental. Additional provision seventh. Environmental assessment of plans, programmes and projects that may affect Natura 2000 sites.
1. The evaluation of plans, programmes and projects which, without having a direct relation to the management of a Natura 2000 site or without being necessary for it, may be of appreciable effect to those places either individually or in the combination with other plans, programmes or projects, shall be subject, within the procedures provided for in this law, to an appropriate assessment of their impact on the site taking into account the conservation objectives of that site; in accordance with the provisions of Law 42/2007, of 13 December, of Natural Heritage and Biodiversity.
2. In the case of projects authorised by the General Administration of the State, in the light of the conclusions of the environmental impact assessment on the Natura 2000 areas, and subject to the provisions of Article 45 of Law 42/2007, On 13 December, the Ministry of Agriculture, Food and the Environment will fix and monitor the compensatory measures necessary to ensure the overall coherence of the Natura 2000 network. For its definition, the competent authority of the autonomous community in which the project is located shall be consulted. The time limit for the evacuation of this report shall be 30 days. After that period without the receipt of the report, the state environmental authority may continue the proceedings.
3. The referral, where appropriate, of the information to the European Commission on the compensatory measures which have been adopted shall be carried out by the Ministry of Agriculture, Food and the Environment in accordance with the terms laid down in Article 10 of the Law 30/1992, of 26 November. Additional disposition octave. Nature conservation banks.
1. Nature conservation banks are a set of environmental titles or conservation credits granted by the Ministry of Agriculture, Food and Environment and, where appropriate, by the Autonomous Communities, which represent natural created or enhanced specifically.
2. Nature conservation banks will be created by resolution of the Ministry of Agriculture, Food and Environment and, where appropriate, of the Autonomous Communities. This resolution shall describe the actions, identifying the farms in which it is carried out, indicating its cadastral reference and, where appropriate, the number of the land register; it will also include the allocation of the number of credits that the General management of the Ministry of Agriculture, Food and the Environment responsible for the natural environment, or the body which, to the effect, determines the corresponding autonomous community, to the owners of the land, according to the technical criteria to be laid down in the resolution establishing each conservation bank.
3. The holders of land affected by the banks must retain the natural values created or improved, and these land should only be used for uses which are compatible with those natural values, in accordance with the provisions of the Treaty. Resolution of the creation of each nature conservation bank. This limitation of the domain will be recorded in the Land Registry in the inscription of the estate or farms in which the improvement or creation of natural assets has been carried out. To this end, it shall be sufficient to permit the registration of the administrative certificate that the performance of the creation or improvement of the natural asset is recorded in the relevant nature conservation bank.
4. Conservation credits may be the compensatory or complementary measures provided for in the environmental assessment, environmental liability or natural heritage and biodiversity legislation, with the aim of negative effects caused by a natural value are balanced by the positive effects generated on the natural value or similar natural value, in the same or different place.
5. The credits awarded for each bank may be transmitted under free market and will be proposed by each granting authority, for registration in a shared and unique public register throughout the national territory, dependent on the Ministry of Agriculture, Food and Environment.
6. Infringements of the regulatory regulation of nature conservation banks shall be sanctioned in accordance with the provisions of the Natural Heritage and Biodiversity Regulatory Regulations.
7. The general scheme, organisation, operation and technical criteria of nature conservation banks shall be developed in a regulated manner. Additional provision ninth. Certification of non-condition to the Natura 2000 Network. For the purposes of European legislation on Community funds, the environmental body of the General Administration of the State shall be the competent authority for the issue of the certification of non-compliance with the Natura Network. 2000 of the projects for which the authorisation corresponds to the General Administration of the State and in whose environmental impact assessment, where this is mandatory, it has been determined that there are no conditions for Natura 2000 sites. Additional provision 10th. Periodic operations.
1. In the case of projects submitted to environmental assessment which consist of actions with a total duration of less than one year which are likely to be repeated periodically in successive years under the same conditions through projects which the same substantive body with the same promoter should be authorised, the environmental body may set out in the environmental impact statement that it may extend its effects for such projects for a number of years not exceeding four years; and taking into account cumulative character impacts.
2. In such cases, the formulation of a prior application by the substantive body shall be required, at the request of the sponsor, when referring the file, warning of this possibility and justifying the identity between the operations which shall be repeated in the number of years not exceeding that provided for in the preceding paragraph. The environmental impact study will provide for periodic action in a scenario not exceeding four years, and the sponsor will develop a special monitoring plan, including measures to enable the implementation of the project for a number of years not exceeding four years. The environmental impact study will identify appropriately and assess cumulative impacts.
3. In the event of an alteration of the determining circumstances of the favourable environmental impact declaration, the environmental body shall decide that the environmental impact statement has fallen into effect and has no effect on it. Additional provision eleventh. Accumulation of environmental impact assessment procedures. In general, each environmental impact assessment procedure should refer to a single project. However, the environmental authority may agree to the accumulation of proceedings where the circumstances referred to in Article 73 of Law No 30/1992 of 26 November 1992 of the Legal Regime of the General and the Common Administrative Procedure. Additional disposition twelfth. Extra regime. In all cases not provided for in this law, it will apply, where applicable, Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure. Additional disposition thirteenth. Electronic processing. The formalities regulated in this law will be carried out electronically in the electronic venues that to this effect enable the competent public administrations, in the terms established in Title III of Law 11/2007, of 22 June, the citizens ' electronic access to Public Services. Additional disposition fourteenth. Identification of the persons concerned.
1. The competent public authorities shall take appropriate measures to identify the persons concerned who are to be consulted in accordance with the provisions of this Law, in order to ensure that their participation in the environmental assessment is effective. In particular, they may create registrations for the registration of natural or legal persons who credit the condition of person concerned in accordance with the definition contained in this Law.
2. By virtue of the principles of mutual information, cooperation and collaboration, public administrations shall establish the most effective mechanisms for an effective exchange of information on the persons concerned that have been identified. Additional provision 15th. Rules of operation of the Tajo-Segura transfer.
1. Based on joint stock in Entrepenas and Buendia at the beginning of each month, the following monthly levels are set according to which the transfer will be agreed, with a total annual maximum of 650 hm3 in each hydrological year (600 for the Segura and 50 for the Guadiana). Level 1. It will be given when joint stock in Entrepenas and Buendia is equal to or greater than 1,500 hm3, or when the incoming joint contributions to these reservoirs in the last twelve months are equal to or greater than 1,000 hm3. In this case the competent authority shall authorise a monthly transfer of 68 hm3, up to the annual maximum referred to above. Level 2. It will be given when the joint stock of Entrepenas and Buendia is less than 1,500 hm3, without reaching the volumes foreseen in Level 3, and the joint contributions recorded in the last twelve months are less than 1,000 hm3. In this case the competent authority shall authorise a monthly transfer of 38 hm3, up to the annual maximum referred to above. Level 3. Exceptional hydrological situations will occur when the joint stock in Entrepenas and Buendia does not exceed, at the beginning of each month, the values to be determined by the current Tagus hydrological plan. The Government, by means of the actual decree provided for in this paragraph, shall establish for level 3 the maximum monthly transfer which the competent authority may authorise discretionally and in a reasoned manner, as well as the monthly values before referred to, level 3 defining, with the single target indicated later. Level 4. This situation will be given when joint stock in Entrepenas and Buendia is less than 400 hm3, in which case no transfer is approved. With the sole aim of providing more stability to supplies on a year-over-year basis, minimizing the presentation of exceptional hydrological situations referred to in Level 3, without changing the annual maximum of Water transportable, on a justified proposal from the competent Ministry in the field of water, and after a favourable report of the Central Commission for the exploitation of the Tajo-Segura Aqueduct, may be modified, by royal decree, both the volume of stocks and the cumulative contributions referred to at level 1, such as monthly transfers corresponding to levels 1, 2, 3 and stock volumes for each month corresponding to level 3. In this royal decree, the criteria for the prediction of contributions for the application of the rule will be defined in multi-dimensional horizons. For the purpose of promoting the development of the coastal municipalities, the system will be exploited in such a way that the volume of transfer already authorised and pending application is preferably maintained in the head reservoirs, rather than in the other storage in transit or destination, provided that such operation is compatible with a rational and integrated management of the joint system. Except in catastrophic or extreme situations duly motivated, which prevent the dispatch of water, if the approved volumes provided for in levels 1 and 2 have not been transferred within the authorised time limit, transfer within three months of the end of the authorisation period, unless a level change occurs. The resources of which the transfer has already been authorized may be used by its users throughout the hydrological year, until the end of the year. Where at the end of the hydrological year there is an available volume of water transferred in the receiving basin, it will be the subject of a new distribution, being considered as a usable resource for the uses of the transfer to the following hydrological year. The volumes whose transfer has been authorized will be distributed between supplies and irrigation, in the proportion of 25 percent for supply and the remaining 75 percent for irrigation, up to the maximum of its allocations. annually, and always ensuring at least 7.5 hm3/month for urban supplies.
2. The Central Commission for the exploitation of the Tajo-Segura Aqueduct will authorize transfers when the hydrological conditions of Levels 1 and 2 are met, and the Minister who has the powers in the field of water, prior to this report Commission, where the conditions of Level 3 are met. In the case of levels 1 and 2, the approval of the transfers shall be carried out preferably by semesters, whereas in the case of level 3 it shall be carried out preferably by quarters, unless the competent body justifies in any of the levels the use of different timeframes.
3. Prior to the first meeting of the hydrological year of the Central Commission for the exploitation of the Tajo-Segura Aqueduct, and in any case, before the first authorization of the transfer, exclusively at levels 1 and 2, the General Directorate of the For consideration by the Central Commission of Exploitation for the purposes of the authorizations, water shall draw up a report justifying the water needs in the areas and supplies affected by the Tajo-Segura transfer, which will cover the regables, to planned crops and, for supplies, to the estimated demands, as well as the existing regulatory possibilities for such flows. This report will be prepared by the Directorate General for Water on the basis of the information on hydrological planning, and should be updated semi-annually, in accordance with the provisions of the Hydrological Planning Regulation, on monitoring of the hydrological plans. First transient disposition. Transitional arrangements.
1. This law applies to all plans, programs and projects whose strategic environmental assessment or environmental impact assessment is initiated from the day of the entry into force of this law.
2. The regulation of the validity of environmental impact declarations applies to all those that are published after the entry into force of this law.
3. The environmental impact statements published prior to the entry into force of this Law will lose their validity and will cease in the production of the effects that are of their own if the execution of the projects or activities has not begun within the maximum period of six years after the entry into force of this Law. In such cases, the sponsor shall again initiate the environmental impact assessment process of the project in accordance with the provisions of this Law.
4. The regulation of the modification of the strategic environmental declarations and the conditions of the environmental impact declarations applies to all those formulated before the entry into force of this law. Second transient disposition. Transitional regime of the amendment of Law 10/2001 of 5 July of the National Hydrological Plan. The application of the third additional Disposition of Law 10/2001, of July 5, regulatory of the National Hydrological Plan, will be staggered in time according to the following prescriptions:
1. The introduction of the new reference level of 400 cubic hectolitres for the definition of a transfer of surplus in the Tagus heading will follow a transitional regime so that this new level will breached at most in five years according to the next procedure.
2. On the date of entry into force of the new Tagus hydrological plan, drawn up under the Water Framework Directive, the level will be raised to 32 cubic metres, and will be raised by additional steps of 32 cubic hectolitres on 1 January each successive year, up to 400 hectolitres final. Similarly, the definition curve for exceptional hydrological situations shall be raised in a staggered and simultaneous manner at the corresponding reference levels, until the final curve is reached.
3. If at the start or at any time of the transitional period a level of packed stocks of 900 cubic hectolitres were reached, both the new reference level of 400 cubic hectolitres and the exceptional conditions curve would enter in effect immediately.
4. The Central Committee for the exploitation of the Tajo-Segura Aqueduct will ensure the application of these criteria and will resolve any incidents that may arise during the transition period. Single repeal provision. Regulatory repeal.
1. All provisions of equal or lower rank which are contrary to this law and in particular the following shall be repealed: a) Law 9/2006 of 28 April on the assessment of the effects of certain plans and programmes on the environment. b) The text recast of the Environmental Impact Assessment of Projects Act, approved by Royal Legislative Decree 1/2008, of January 11. c) Royal Decree 1131/1988 of 30 September 1988 approving the Regulation for the implementation of the Royal Decree-Law 1302/1986 of 28 June 1986 on Environmental Impact Assessment.
2. The repeal of the rules laid down in the previous paragraph, in their condition as basic rules and in respect of the Autonomous Communities, shall in any event be produced within one year of the entry into force of this Law. However, if, before the end of this period, the Autonomous Communities approve new regulatory texts adapted to this law, the derogation provided for in the previous paragraph will take place at the moment when the new autonomous rules enter into force.
3. The Additional Provision of Law 11/2005 of 22 June 2005 amending Law 10/2001 of 5 July 2001 on the National Hydrological Plan is hereby repealed. Final disposition first. Amendment of Law 42/2007, of 13 December, of Natural Heritage and Biodiversity. " (a) The use of chemical or biological substances, the performance of discharges, both liquid and solid, the waste spill, as well as the deposition of solid elements for fillers, which alter or assume a risk of altering the conditions of the ecosystems with damage to the values contained therein. " The anchorage shall be deemed to be permanent even if there are any periods of absence of the vessel or replace or replace the one by another of the same company, shipowner or group, provided that the purpose of the anchorage is the storage for fuel supply." Two. Two new points (s) and (t) are added to Article 76 (1) with the following wording: "s) Failure to comply with obligations and prohibitions laid down in regulatory standards and in management instruments, including plans, of protected natural spaces and protected spaces Network Natura 2000." " t) The supply or storage of fuel by the permanent anchorage of tank-tanks in the waters within the protected natural spaces and the protected spaces Network Natura 2000, the reception of such fuel as well as the supply of fuel to the referred-to-tank. " 2. The offences referred to in the previous paragraph shall be described as follows: a) As very serious, those referred to in paragraphs (a), (b), (c), (d), (e), (f), (s) and (t) if the damage exceeds EUR 100 000; any of the others, if the damage exceeds EUR 200,000; and the recidivism when a a serious infringement of the same type as that which led to a previous sanction within two years of the notification of the latter, provided that the penalty decision has been taken on an administrative basis. b) As serious, those referred to in paragraphs (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (I), (m), (n), (s) and (t) where they are not considered to be very serious; and recidivism when a minor infringement of the same is committed. the type that gave rise to a previous sanction within two years of the notification of the latter, provided that the sanction resolution has acquired firmness on the administrative basis. c) As minor, as referred to in (o), (p), (q) and (r). " Five. Article 77 (4) is deleted. Final disposition second. Amendment of Law 52/1980 of 16 October of the economic regime for the exploitation of the Tajo-Segura aqueduct. " On the other hand, if lower losses occur, the additional resources generated will be distributed by seventy percent for irrigation, in proportion to those areas eligible for irrigation, while the remaining 30 percent will be distributed. will be allocated for supplies from the province of Almeria. " Four. Article 77 (2) and (6) are amended, in the following terms: " 2. The imposition of the penalties shall be due to the adequacy of the seriousness of the fact of the infringement and the penalty applied, taking into account the following criteria: the extent of the risk involved in the conduct of the infringement the amount, if any, of the damage caused; its importance as regards the safety of the persons or property protected by this Law; the circumstances of the person responsible; the degree of intentional intentionality in the offender or offenders; and, where appropriate, the benefit unlawfully obtained as a result of the infringing behaviour, as well as the irreversibility of damage or deterioration produced. " " 6. In the field of the General Administration of the State, the amount of each of those periodic penalty payments shall not exceed EUR 3 000. ' " The natural or legal persons, public or private, who are responsible for the actions or omissions that constitute the administrative infractions classified in this law, including, where appropriate, those persons shall be sanctioned. the promoters of the infringing activity, the business owners, the technical directors of the activity, as well as any other subject who intervenes, by way of action or omission, or whose participation is essential for the commission of the violation. " The last paragraph of the First Additional Disposition is modified to have the following wording:
Article 72 " Article 72. Interbasin connection infrastructures. is amended to have the following wording:
1. The Directorate-General for Water may authorise the transfer of rights, referred to in this section, which involves the use of infrastructures that interconnect territories of different basin Hydrological Plans, this authorization entails the use of the interconnection infrastructure. Requests for disposal shall be deemed to be rejected after the time limits provided for without notification of the administrative decision.
2. Without prejudice to Article 69.3, the economic and financial arrangements applicable to such transactions shall be that laid down in the rules of the individual rules governing the operation of the infrastructure concerned.
3. The authorisation of the disposals provided for in this Article shall not alter the conditions laid down in the operating rules for each transfer. ' Final disposition fifth. Amendment of Law 11/2005 of 22 June amending Law 10/2001 of 5 July of the National Hydrological Plan. Paragraph 1 of the additional sixth provision is amended to read as follows: " 1. In application of the principle of transparency, and for complete public information and legal certainty for all concerned, the Ministry of Agriculture, Food and the Environment will publish and update the information on the Ordinary transfers between different hydrographic demarcations in the following terms: In the receiving demarcation, reference values will be established for the monthly consumption of water transferred by uses and irrigation zones. Supplies to these claims shall not exceed the reference values set, where occasional deviations from these values are allowed provided that the average year of deviations does not exceed the annual total indicated. With respect to the principle of preference of the donor basin and to the determinations of the hydrological planning, monthly reference values of the results will be established in the yield demarcation to satisfy their own requirements. Monthly results shall not exceed the reference values fixed, with occasional deviations from these values, provided that the annual average of deviations does not exceed the annual total indicated. Prior to the report of the Directorate General of Water, and within a maximum period of 3 months, by royal decree the monthly values of the reference consumption of water transferred by uses and irrigation zones in the demarcation will be defined For the purposes of this Regulation, the Commission shall take into account the conditions laid down in Article 1 (1) of Regulation (EU) Regulation (EU) Regulation (EU) Regulation (EU) Regulation (EU) no. They should be considered for full definition. For this purpose, the available hydrological information shall be considered and the determinations of the hydrological planning of the different demarcations shall be respected. The Directorate General of Water will supervise both the monthly supplies to the uses and irrigation areas of the transfer and the reference flows, being able to request to the effect the checks and justifications that it considers appropriate, as well as order the execution of the technical means required for this. By royal decree the periodicity of the data update and its temporal interval, the presentation formats, the minimum scope of the historical values, and the statistical data to be determined shall be determined. join. " Final disposition sixth. Incorporation of European Union law. By this law, Directive 2001 /42/EC of the European Parliament and of the Council of 27 June on the assessment of the effects of certain plans and programmes on the environment is incorporated into the Spanish legal order. Directive 2011 /92/EU of the European Parliament and of the Council of 13 December on the assessment of the impact of certain public and private projects on the environment. Final disposition seventh. Relations of environmental assessment with sectoral legislation.
1. Within one year, the sectoral rules governing the processing and adoption or approval of plans and programmes shall contain the provisions necessary to ensure that those falling within the scope of this law undergo a strategic environmental assessment prior to their adoption or approval.
2. The sectoral rules governing the processing and adoption or approval of plans, programmes and projects shall set deadlines for the actions which the present law attributes to the substantive body or to the sponsor. This regulatory adaptation shall be carried out within one year of the entry into force of this Law. Final disposition octave. Competitive titles.
1. This law, including its annexes, is issued under Article 149.1.23, which confers exclusive competence on the State on the basis of the basic legislation for the protection of the environment, without prejudice to the powers of the autonomous communities of establish additional standards of protection.
2. They are not of a basic nature and shall therefore only apply to the General Administration of the State and its public bodies: (a) Articles 3.3, 8. 3, 8.4, 11.1; Chapter III of Title III; the additional provision sixth; paragraphs 2 and 3 of the additional seventh provision; and the additional provision novena. (b) The time limits laid down in Articles 17, 18, 19, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47 and the additional provision tenth.
3. The eighth additional provision is made in accordance with the provisions of Article 149.1.6. of the Constitution, which gives the State exclusive jurisdiction over commercial law and under Article 149.1.23, which confers on the State the exclusive competence to issue basic legislation on the protection of the environment. The second subparagraph of paragraph 3 of the eighth additional provision is covered by the jurisdiction that Article 149.1.8. of the Constitution grants to the State in the field of the management of public records and instruments.
4. The additional fifteenth provision, the second, third, fourth and fifth final provisions, and the second transitional provision are given in accordance with the provisions of Article 149.1.22. of the Constitution, which confers on the State the exclusive competence on the legislation, management and provision of water resources and use when water flows through more than one Autonomous Community, and the authorisation of electrical installations when their use is affected to another Community or the transport of energy from its territorial scope. Final disposition ninth. Development authorization.
1. In the field of State competence and for the procedures of strategic environmental assessment and environmental impact assessment in which the General Administration of the State is competent, the Government will dictate how many provisions will be necessary for the execution and development of what is established in this law.
2. The Government is also authorised to adapt the Annexes to the amendments which, where appropriate, are introduced by Community legislation.
3. The Government is also authorised to update Annex VI, in those aspects of a technical nature or of a changing and changing nature, in order to adapt it to technical, scientific and economic progress. JOHN CARLOS R. The President of the Government, MARIANO RAJOY BREY Final disposition tenth. Entry into force. This law shall enter into force on the day following that of its publication in the "Official Gazette of the State". Final disposition eleventh. Entry into force in relation to the autonomic development regulations. Without prejudice to its application to the environmental assessments of the General Administration of the State from the moment of its entry into force, for the purposes of the provisions of the repealed and final provisions seventh and (9), and the application of this Law as basic legislation, the Autonomous Communities which have their own legislation in the field of environmental assessment must adapt it to the provisions of this Law within one year of their entry into effective, at which time, in any event, the articles of this Law shall apply, except for The Commission has also been involved in this. However, the Autonomous Communities may choose to make a block referral to this law, which will result in their territorial scope as basic and supplementary legislation. Therefore, I command all Spaniards, individuals and authorities, to keep and keep this law. Madrid, 9 December 2013. ANNEX I Projects submitted to the ordinary environmental assessment as referred to in Title II, Chapter II, Section Group 1. Livestock. a) Facilities for the rearing of animals in livestock holdings governed by Royal Decree 348/2000 of 10 March 2000 incorporating Directive 98 /58/EC on the protection of animals and the protection of animals the animals on the livestock holdings and which exceed the following capacities:
2. 55,000 places for chickens.
3. ° 2,000 places for pigs for fattening.
4. 750 places for breeding sows. Group 2. Extractor industry. a) Holdings and fronts of the same authorisation or open-pit concession of mineral deposits and other geological resources of Sections A, B, C and D, the use of which is governed by Law 22/1973 of 21 July, of Mines and supplementary rules, where one of the following circumstances applies:
1. Holdings in which the area of land affected exceeds 25 ha.
2. Holdings with a total land movement of more than 200,000 cubic metres per year.
3. Holdings below the water level, taking as the reference level the highest among the annual oscillations, or which may lead to a reduction in the recharge of surface or deep aquifers.
4. Holdings of deposits linked to the current dynamics: fluvial, fluvio-glacial, littoral or wind. Those other deposits and peatlands that for their content in fossil flora may have scientific interest for palinological and paleoclimatic reconstruction. Peat extraction, when the surface of the extraction ground exceeds 150 ha.
5. Holdings visible from motorways, motorways, national and regional roads, protected natural areas, urban centres exceeding 1,000 inhabitants or situated at distances less than 2 km from such nuclei.
6. Holdings of substances which may be altered by oxidation, hydration, etc., and which induce, in excess of those included in the legislation in force, acidity, toxicity or other parameters in concentrations such as risk to human health or the environment, such as menas with sulphides, solid fuel holdings, holdings requiring treatment by leaching in situ and radioactive minerals.
7. Extractions which, while not complying with any of the above conditions, are less than 5 km from the limits of the area to be affected by the work and the ancillary facilities of any open-pit mining or mining concession existing. b) Underground mining on holdings where one of the following conditions is met:
1. ° that its paragenesis can, by oxidation, hydration or dissolution, produce acidic or alkaline waters that result in changes in the pH or release of metal or non-metallic ions that assume an alteration of the natural environment.
2. ° That they exploit radioactive minerals.
3. Aquellas whose mineas are less than 1 km (measured in plane) away from urban cores, which may induce risks for subsidence. c) Underground extraction or storage of oil and natural gas for commercial purposes when:
1. The quantity of production is more than 500 tons per day in the case of oil and 500,000 cubic meters per day in the case of gas or,
2. ° In marine environment. d) Projects consisting of drilling for exploration, research or exploitation of hydrocarbons, storage of CO2, storage of gas and geothermal medium and high enthalpy, which require the use of hydraulic fracturing techniques. Not included in this section are the investigation probe drilling that has the object of prior witness taking to drilling projects that require the use of hydraulic billing techniques. All sections of this group include the necessary facilities and structures for the extraction, treatment, storage, utilization and transportation of the mineral, sterile, rafts, as well as the lines power supplies, water supplies and their purification and new access paths. Group 3. Energy industry. a) Refineries of crude oil (excluding companies producing only lubricants from crude oil), as well as gasification and liquefaction facilities of at least 500 tonnes of coal or of Bituminous shale a day. b) Thermal power plants and other combustion plants with a thermal input of at least 300 MW. c) Nuclear power plants and other nuclear reactors, including the decommissioning or final decommissioning of such power plants and reactors (excluding research facilities for the production and processing of nuclear power stations). fissile and fertile materials), the maximum power of which does not exceed 1 kW of continuous thermal load. d) Installation of reprocess of irradiated nuclear fuels. e) Facilities designed to:
1. The production or enrichment of nuclear fuel.
2. The process of reusing irradiated nuclear fuel or high radioactivity residues.
3. The final deposit of spent nuclear fuel.
4. ° Exclusively the final deposit of radioactive waste.
5. ° Exclusively storage (projected for a period of more than ten years) of irradiated nuclear fuels or radioactive waste in a place other than production. f) Tuberies with a diameter of more than 800 mm and a length greater than 40 km for the transport of:
1. gas, petroleum or chemicals, including compression facilities,
2. ° carbon dioxide flows for geological storage purposes, including associated pumping stations. g) Construction of power transmission lines with a voltage equal to or greater than 220 kV and a length of more than 15 km, except where they are wholly underground by urbanised soil, as well as its substations associated. h) Facilities for the storage of petroleum or petrochemical or chemical products with a capacity of at least 200,000 t. i) Facilities for the use of wind power for the production of energy (wind farms) that have 50 or more wind turbines, or that have more than 30 MW or are less than 2 km from another wind farm in operation, under construction, with administrative authorisation or with an environmental impact statement. j) Installations for the production of electrical energy from solar energy for sale to the grid, which are not located on roofs or roofs of existing buildings and which occupy more than 100 ha of surface area. Group 4. Iron and steel industry. Production and processing of metals. a) Facilities for the production of non-ferrous raw metals from ores, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes. b) Integrated plants for the initial casting of cast iron and steel. c) Facilities for the manufacture of ferrous metals in which one of the following activities is carried out:
1. Hot Rolled with a capacity exceeding 20 t of raw steel per hour.
2. Forged with hammers whose impact energy is greater than 50 kJ per hammer and when the thermal input used is greater than 20 MW.
3. Application of molten metal protective layers with a treatment capacity of more than 2 t of gross steel per hour. d) Fuses of ferrous metals with a production capacity of more than 20 t per day. e) Facilities for foundry (including alloy) of non-ferrous metals, with the exception of precious metals, including recovery products (refined, foundry remains, etc.), with a melting capacity of more than 4 t for lead and cadmium or 20 t for all other metals, per day. f) Facilities for the treatment of the surface of metals and plastic materials by electrolytic or chemical process, when the volume of the buckets or the complete lines for the treatment used is greater than 30 cubic meters. g) Calcination and sintering installations of metallic minerals, with a capacity exceeding 5,000 t per year of processed ore. h) Production of cement, lime and magnesium oxide:
1. Manufacturing of cement by milling with a production capacity of more than 500 t daily.
2. Manufacturing of clinker in rotary kilns with a production capacity of more than 500 t per day, or in other furnaces with a production capacity exceeding 50 t per day.
3. Production of lime in kilns with a production capacity exceeding 50 t per day.
4. Production of magnesium oxide in furnaces with a production capacity exceeding 50 t per day. i) Facilities for the manufacture of glass, including fibreglass, with a melting capacity exceeding 20 t per day. j) Facilities for the smelting of mineral substances, including the production of mineral fibres, with a melting capacity exceeding 20 t per day. k) Facilities for the manufacture of ceramic products by baking, in particular, tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production capacity exceeding 75 t per day and a capacity For baking of more than 4 cubic metres and more than 300 kg per cubic metre of load density per oven. Group 5. Chemical, petrochemical, textile and paper industry. a) Facilities for the industrial scale production of substances by chemical or biological transformation of the following products or groups of products:
1. Organic Chemicals: i) Simple hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic). ii) oxygenated hydrocarbons, such as alcohols, aldehydes, ketones, organic acids, esters and mixtures of acetates, ethers, peroxides, epoxy resins. iii) Sulfide hydrocarbons. iv) Nitrogen hydrocarbons, in particular amines, amides, nitrous, nitrous or nitrate compounds, nitriles, cyanates and isocyanates. v) Phosphorous hydrocarbons. vi) Halogenated hydrocarbons. vii) Metal organic compounds. viii) Plastic materials (polymers, synthetic fibres, cellulose-based fibres). viii) Synthetic rubbers. ix) Colorants and pigments. x) Assets and surface agents.
2. Inorganic Chemicals: i) Gases and, in particular, ammonia, chlorine or hydrogen chloride, hydrogen fluoride or fluoride, carbon oxides, sulphur compounds, nitrogen oxides, hydrogen, sulphur dioxide, dichloride of carbonyl. (ii) Cooked and, in particular, chromic acid, hydrofluoric acid, phosphoric acid, nitric acid, hydrochloric acid, sulphuric acid, sulphuric acid, sulphuric acid, sulphuric acids. (iii) Bases and, in particular, ammonium hydroxide, potassium hydroxide, sodium hydroxide. iv) Sales such as ammonium chloride, potassium chlorate, potassium carbonate (potash), sodium carbonate (soda), perborates, Argentine nitrate. v) Non-metals, metal oxides or other inorganic compounds such as calcium carbide, silicon, silicon carbide.
3. Phosphorus-based fertilizers, nitrogen or potassium (simple fertilizers or compounds).
4. Plant protection products and biocides.
5. Pharmaceutical products through a chemical or biological process.
6. Explosive Products. b) Plants for prior treatment (such as washing, bleaching, mercerisation) or for the dyeing of fibres or textile products where the processing capacity exceeds 10 t per day. c) Plants for the tanning of hides and skins when the treatment capacity exceeds 12 t of finished products per day. d) Industrial plants for:
1. The production of paper pulp from wood or other similar fibrous materials.
2. The production of paper and cardboard, with a production capacity exceeding 200 t daily. e) Cellulose production and treatment facilities with a production capacity exceeding 20 t per day. Group 6. Infrastructure projects. a) Roads:
1. Construction of motorways and highways.
2. Construction of a new four-lane or more road, or realignment and/or widening of an existing road of two lanes or less in order to achieve four or more lanes, when such a new road or stretch of road realigned and/or widened road reach or exceed 10 km in a continuous length. b) Railways:
1. Construction of railway lines for long-haul traffic.
2. ° Extension of the number of tracks of an existing railway line on a continuous length of more than 10 km. c) Construction of aerodromes classified as airports, as defined in Article 39 of Law 48/1960 of 21 July on Air Navigation with take-off and landing strips of a length equal to or greater than 2,100 meters. d) Construction of commercial, fishing or sporting ports that support vessels of more than 1,350 t. e) Morelles for loading and unloading connected to land and external ports (excluding ferry docks) which allow vessels of more than 1,350 t tonnage, except where they are located in zone I, according to the Delimitation of the Spaces and Port Uses regulated in Article 69 (a) of the Recast Text of the Law of State Ports and the Merchant Navy, approved by the Royal Legislative Decree 2/2011 of 5 September. f) Construction of inland waterways, covered by Decision No 661 /2010/EU of the European Parliament and of the Council of 7 July 2010 on the guidelines of the Union for the development of the trans-European transport network; and inland ports of navigation allowing for the passage of vessels of more than 1,350 t. Group 7. Water engineering and water management projects. a) Presas and other facilities intended to retain water or to store water permanently when the new or additional volume of water stored is greater than 10 cubic metres. b) Projects for the extraction of groundwater or the artificial recharge of aquifers, if the annual volume of water extracted or contributed is equal to or greater than 10 cubic hectolitres. c) Projects for the transfer of water resources between river basins, excluding water transfers for human consumption by pipeline, in any of the following cases:
1. The purpose of the transfer is to avoid the possible water shortage and the volume of water transferred is greater than 100 cubic meters per year.
2. ° that the average multi-annual flow of the extraction basin exceeds 2,000 cubic hectolitres per year and the volume of water transferred exceeds 5% of that flow. d) Waste water treatment plants with a capacity of more than 150,000 inhabitants-equivalents. Group 8. Waste management and waste management projects. a) Hazardous Waste Incineration Plants as defined in Article 3 (e) of Law 22/2011 of 28 July on contaminated waste and soils, as well as the disposal of such waste by deposit in landfill, safety deposit or chemical treatment (as defined in section D9 of Annex I to Law 22/2011). b) Non-hazardous waste incineration plants or waste disposal facilities by physico-chemical treatment (as defined under heading D9 of Annex I to Law 22/2011), with a capacity exceeding 100 t daily. c) Landfill of non-hazardous waste receiving more than 10 t per day or having a total capacity of more than 25,000 t, excluding inert waste dumps. Group 9. Other projects. a) The following projects when they are developed in Protected Natural Spaces, Natura 2000 Network and protected areas by international instruments, according to the regulation of Law 42/2007, of December 13, of the Heritage Natural and Biodiversity:
1. Non-hazardous waste landfill facilities not included in Group 8 of this Annex I, as well as inert waste or extraction materials of river, land or sea origin occupying more than 1 ha of waste. surface.
2. Projects to allocate uneducated areas or semi-natural areas to agricultural exploitation or timber harvesting involving the occupation of a surface greater than 10 ha.
3. Projects of transformation into irrigation or land-based processing, when they affect a surface greater than 10 ha.
4. River dredging when the volume extracted is greater than 20,000 cubic meters per year, and marine dredging when the volume extracted is greater than 20,000 cubic meters per year.
5. "Tuberies" for the transport of chemicals and for the transport of gas and oil, with a diameter of more than 800 mm and a length greater than 10 km in the spaces referred to in paragraph (a) and pipes for the transport transport of carbon dioxide flows for geological storage purposes, including associated pumping stations.
6.° Lines for the transmission of electrical energy whose layout affects the natural spaces considered in this article with a length greater than 3 km, excluding those that pass through urbanized areas.
7.° wind farms with more than 10 wind turbines or 6 MW of power.
8.° installations for the production of hydroelectric power.
9. Construction of airports, as defined in Article 39 of Law 48/1960 of 21 July on Air Navigation with take-off and landing strips of less than 2,100 metres.
10.° Projects that require soil urbanization for industrial estates or residential uses that occupy more than 5 ha; Construction of shopping centers and car parks, out of land that is urbanizable, and which in surface occupy more than 1 ha; Hotel facilities on non-urban land.
11. Ski, ski lifts and cable cars and associated constructions.
13.° long distance water conduction facilities with a diameter of more than 800 mm and a length greater than 10 km.
14.° parcelary concentrations that lead to a change in soil use when a substantial alteration of the plant cover is involved.
15.° holdings and fronts of the same authorization or open-pit concession of mineral deposits and other geological resources of sections A, B, C and D, the use of which is governed by Law 22/1973 of 21 July, of Mines and supplementary rules.
3. Construction of highways, highways and conventional roads again.
4. Mining or underground storage of oil and natural gas.
16.° installations for the production of electrical energy from solar energy destined for sale to the network, which do not locate on roofs or roofs of existing buildings and occupy a surface of more than 10 ha. b) Any project that involves a change of land use on a surface equal to or greater than 100 ha. c) Storage sites in accordance with Law 40/2010 of 29 December 2010 on geological storage of carbon dioxide. d) Facilities for the capture of CO2 flows for geological storage purposes in accordance with Law 40/2010 of 29 December of geological storage of carbon dioxide from installations included in this annex, or when the total annual CO2 capture is equal to or greater than 1.5 Mt. ANNEX II - Projects submitted to the simplified environmental assessment as referred to in Title II, Chapter II, Section Group 1. Agriculture, forestry, aquaculture and livestock farming. a) Parcel Concentration Projects which are not included in Annex I when affecting a surface greater than 100 ha. b) Forstations as defined in Article 6.g) of Law 43/2003 of 21 November of Montes, affecting a surface of more than 50 ha and forest mass tallies for the purpose of switching to another type of use of the soil. c) Water resource management projects for agriculture:
1. Projects of consolidation and improvement of irrigation on a surface greater than 100 ha (projects not included in Annex I).
2. Projects of conversion to irrigated or land-based conversion, when they affect a surface greater than 10 ha. d) Projects for the purpose of allocating natural, semi-natural or inculcate areas to agricultural holding which are not included in Annex I, the area of which is greater than 10 ha. e) Facilities for intensive aquaculture with a production capacity exceeding 500 t per year. f) Facilities for the rearing of animals in livestock holdings governed by Royal Decree 348/2000 of 10 March 2000 incorporating Directive 98 /58/EC on the protection of animals from the the animals on the livestock holdings and which exceed the following capacities:
1. 2000 places for sheep and goats.
2. 300 places for milk cattle.
3. 600 places for bait cattle.
4. 20,000 places for rabbits. Group 2. Food industries. a) Industrial installations for the manufacture of vegetable and animal fats and oils, provided that the following circumstances are simultaneously provided in the installation:
1. ° That is located outside of industrial polygons.
2. ° That is less than 500 meters from a residential area.
3. ° That occupies a surface of at least 1 ha. b) Industrial facilities for the packaging and canning of animal and plant products where the raw material, except milk, has a production capacity of more than 75 t per day of finished products (quarterly average values), and installations where the raw material of which is vegetable has a production capacity exceeding 300 t per day of finished products (quarterly average values); or both animal and plant raw materials are used and has a production capacity of more than 75 t per day of finished products (average values quarterly). c) Industrial facilities for the manufacture of dairy products, provided that the plant receives a quantity of milk exceeding 200 t per day (average annual value). d) Industrial installations for the manufacture of beer and malt, provided that the following circumstances are simultaneously provided in the installation:
1. ° That is located outside of industrial polygons.
2. ° That is less than 500 meters from a residential area.
3. ° That occupies a surface of at least 1 ha. e) Industrial installations for the production of jams and almibars, provided that the following circumstances occur simultaneously in the installation:
1. ° That is located outside of industrial polygons.
2. ° That is less than 500 meters from a residential area.
3. ° That occupies a surface of at least 1 ha. f) Facilities for slaughter, cutting or disengaging animals with a capacity for production of carcases exceeding 50 t per day. g) Industrial facilities for the manufacture of fecules, provided that the following circumstances occur simultaneously:
1. ° That is located outside of industrial polygons.
2. ° That is less than 500 meters from a residential area.
3. ° That occupies a surface of at least 1 ha. h) Industrial facilities for the manufacture of fishmeal and fish oil, provided that the following circumstances are simultaneously provided in the installation:
1. ° That is located outside of industrial polygons.
2. ° That is less than 500 meters from a residential area.
3. ° That occupies a surface of at least 1 ha. i) Sugar with a raw material treatment capacity exceeding 300 t daily. Group 3. Drilling, dredging and other mining and industrial facilities. a) Deep perforations, with the exception of perforations to investigate the stability or stratigraphy of soils and subsoil, in particular:
1. ° Geothermal drilling of more than 500 meters.
2. ° Perforations for the storage of nuclear waste.
3. ° Perforations of more than 120 meters for water supply.
4. Oil drilling or exploration or research gas drilling. b) Installations on the outside and inside for the gasification of coal and bituminous boards not included in Annex I. c) Exploration by marine seismic. d) Extraction of materials by marine dredging except where the object of the project is to maintain the hydrodynamic or navigability conditions. e) River dredging (not included in Annex I) and in estuaries where the volume of the product extracted is greater than 100,000 cubic metres per year. f) Facilities for the capture of CO2 flows for geological storage purposes in accordance with Law 40/2010 of 29 December of geological storage of carbon dioxide from non-nuclear installations. included in Annex I. g) Farms of aggregates (not included in Annex I) located at:
1. Hydraulic Public Domain Terrain for Extractions Exceeding 20,000 Cubic Meters Annually; or
2. Cuces police area and its surface is greater than 5 ha. h) Open-pit holdings and peat extraction (projects not included in Annex I). i) Industrial installations abroad for the extraction of coal, oil, natural gas, minerals and bituminous shale (projects not included in Annex I). Group 4. Energy industry. a) Industrial installations for:
1. production of electricity, steam and hot water (projects not included in Annex I) with installed power equal to or greater than 100 MW. b) Construction of lines for the transmission of electrical energy (projects not included in Annex I) with a voltage of 15 kV or more, having a length of more than 3 km, except where they are wholly in underground by urbanized soil, as well as its associated substations. c) Industrial manufacture of coal and lignite briquettes. d) Facilities for the production of hydroelectric power. e) Facilities for the transport of steam and hot water, of oil and gas pipelines, except in urban land, having a length greater than 10 km and pipes for the transport of CO2 flows for the purposes of geological storage (projects not included in Annex I). f) Facilities for the processing and storage of radioactive waste (not included in Annex I). g) Facilities for the use of wind force for energy production. (Wind parks) not included in Annex I, except those for self-consumption that do not exceed 100 kW of total power. h) Facilities for the production of energy in the marine environment. i) Installations for the production of electrical energy from solar energy, for sale to the network, not included in Annex I or installed on roofs or roofs of buildings or in urban land and which occupy a surface greater than 10 ha. j) Natural gas storage on the ground. Tanks with a unit capacity of more than 200 t. i) Underground storage of combustible gases. I) Storage on the ground of fossil fuels not included in Annex I. m) Facilities for the production of iron or steel ingots (primary or secondary fusion), including continuous casting facilities with a capacity of more than 2,5 t per hour. Group 5. Iron and steel industry. Production and processing of metals. a) Coke (dry distillation of coal). b) Facilities for the manufacture of artificial mineral fibres. c) Shipyards. d) Installations for aircraft construction and repair. e) Facilities for the manufacture of railway equipment. f) Facilities for the manufacture and assembly of motor vehicles and the manufacture of motor vehicles. g) Deep-bottomed by explosives or field expanders. Group 6. Chemical, petrochemical, textile and paper industry. a) Industrial facilities for the treatment of intermediate products and the production of chemicals. b) Industrial facilities for the production of pesticides and pharmaceuticals, paints and varnishes, elastomers and peroxides. c) Industrial storage facilities for petroleum products, petrochemicals and chemicals with more than 100 cubic meters of capacity (projects not included in Annex I). d) Industrial facilities for the manufacture and treatment of elastomers-based products. e) Industrial installations for the production of paper and paperboard (projects not included in Annex I). Group 7. Infrastructure projects. a) Projects of industrial estates housing developments. b) Projects located outside urbanised areas of urbanisation, including the construction of shopping centres and car parks and covering more than 1 ha of land. c) Construction of railway tracks and intermodal transhipment facilities and intermodal freight terminals (projects not included in Annex I). d) Construction of aerodromes, as defined in Article 39 of Law 48/1960 of 21 July, on Air Navigation (not included in Annex I) as well as any modifications to the facilities or operation of aerodromes listed in Annex I or in Annex II which may have significant effects on the environment, in accordance with the provisions of Article 7.2.c) of this Law. Aerodromes exclusively intended for:
1. Health and emergency use, or
2. prevention and extinction of fires, provided that they are not located in Protected Natural Spaces, Natura 2000 Network and protected areas by international instruments, according to the regulation of Law 42/2007, of December 13, of Natural Heritage and Biodiversity. e) Works of artificial feeding of beaches whose volume of sand contribution exceeds 500,000 cubic meters or that require the construction of dikes or spigons. f) Trams, air and underground metres, suspended lines or similar lines of a certain type, which serve exclusively or principally for the carriage of passengers. g) Construction of inland waterways (not included in Annex I). h) Coastal works to combat erosion and maritime works that may alter the coast, for example, by the construction of dams, malecons, spigons and other works of defence against the sea, excluding maintenance and reconstruction of such works and the works carried out in the service area of the ports. i) Construction of population variants and conventional roads not included in Annex I. j) Modification of the layout of an existing railway track at a length of more than 10 km. Group 8. Water engineering and water management projects. a) Extraction of groundwater or recharge of aquifers (not included in Annex I) where the annual volume of water extracted or provided is greater than 1 cubic hectolitre and less than 10 hectolitres per year. b) Projects for the transfer of water resources between river basins when the volume of water transferred exceeds 5 hectolitres per year and not included in Annex I.Projects are excepted for water diversion of human consumption by pipeline and projects for the direct reuse of clean water. c) Lighting works and channel and margin defence projects where the total length of the affected section is greater than 5 km. Those actions that are implemented to avoid risk in urban areas are excepted. d) Waste water treatment plants with a capacity of between 10,000 and 150,000 inhabitants-equivalents. e) desalination or water-raising facilities with a new or additional volume of more than 3,000 cubic metres per day. f) Long-distance water-driving facilities with a diameter of more than 800 mm and a length of more than 40 km (projects not included in Annex I). g) Presas and other facilities intended to retain or store water, provided that it is one of the following assumptions:
1. Large dams as defined in the Technical Regulation on Security of Presas and Embalses, approved by Order of 12 March 1996, when they are not included in Annex I.
2. Other facilities to retain water, not included in the previous paragraph, with storage capacity, new or additional, exceeding 200,000 cubic meters. Group 9. Other projects. a) Permanent race and test tracks for motor vehicles. b) Facilities for the disposal or recovery of waste not included in Annex I which do not develop within a ship on an industrial estate, or with any capacity if the activity is carried out on the outside or outside of industrial zones. c) Land facilities for the dumping or deposition of extraction materials of river, land or sea origin not included in Annex I with a surface area of more than 1 ha. d) Scrap Storage Facilities, Disposal of Discarded Vehicles and Decommissioning and Decontamination Facilities of Vehicles not developed within a ship in an industrial estate, or with any capacity if the activity is carried out on the outside or out of industrial areas. e) Facilities for the recovery of waste (including storage outside the place of production) that do not develop within a ship in an industrial estate excluding waste facilities Dangerous substances with a treatment capacity of not more than 5,000 tonnes per year and less than 100 t. f) Facilities or test benches for engines, turbines or reactors. g) Facilities for the recovery or destruction of explosive substances. (h) Ski, ski lifts, cable cars and associated buildings (projects not included in Annex I). i) Permanent camps for tents or caravans with a minimum capacity of 500 guests. j) Theme parks (projects not included in Annex I). k) Projects to gain land at sea, provided that they represent a surface area of more than five hectares. l) Holiday urbanizations and hotel facilities outside of urbanized soil and associated constructions. m) Any project that involves a change of land use on a surface equal to or greater than 50 ha. Group 10. The following projects to be developed in Protected Natural Spaces, Natura 2000 Network and protected areas by international instruments, according to the regulation of Law 42/2007, of December 13, of Natural Heritage and Biodiversity. a) Waste water treatment plants when they can result in negative ecological transformations for the space. b) Lighting works and natural course defense projects when they can result in negative ecological transformations for space. c) Any project not covered by this Annex II which involves a change in soil use on a surface equal to or greater than 10 ha. ANNEX Ill - Criteria referred to in Article 47.5 to determine whether an Annex II project should be subject to an ordinary environmental impact assessment
1. Characteristics of the projects: The characteristics of the projects shall be considered, in particular, from the point of view of: a) The size of the project. b) Accumulation with other projects. c) The use of natural resources. d) Waste generation. e) Pollution and other drawbacks. f) The risk of accidents, in particular considering the substances and technologies used.
2. Location of projects: The environmental sensitivity of the geographical areas that may be affected by the projects should be considered taking into account the principles of sustainability, in particular: a) The existing use of the soil. b) The relative abundance, quality, and regenerative capacity of the area's natural resources. c) The load capacity of the natural environment, with special attention to the following areas:
4. Natural reserves and parks.
5. ° Areas classified or protected by the legislation of the State or Autonomous Communities; sites Network Natura 2000.
6. Areas where the environmental quality objectives set out in Community legislation have already been exceeded.
7. Large population density areas.
8. Landscapes with historical, cultural and/or archaeological significance.
9. Areas with potential for cultural heritage.
3. Characteristics of the potential impact: The potential significant effects of the projects should be considered in relation to the criteria set out in paragraphs 1 and 2 above, and taking into account in particular: a) The extent of the impact (geographic area and size of the affected population). b) The cross-border nature of the impact. c) The magnitude and complexity of the impact. d) The probability of impact. e) The duration, frequency, and reversibility of the impact. ANNEX IV - Strategic Environmental Study Content The information to be contained in the strategic environmental study provided for in Article 20 shall be at least the following:
1. An outline of the content, main objectives of the plan or programme and relationships with other relevant plans and programmes;
2. The relevant aspects of the current environment and its likely evolution in the event of non-implementation of the plan or programme;
3. The environmental characteristics of the areas likely to be significantly affected and their evolution taking into account the expected climate change within the duration of the plan or programme;
4. Any existing environmental problems that are relevant to the plan or programme, including in particular problems related to any area of particular environmental importance, such as the areas designated in accordance with the applicable legislation on natural spaces and protected species and protected areas of the Natura 2000 Network;
5. The environmental protection objectives laid down at international, Community or national level which relate to the plan or programme and the manner in which those objectives and any environmental aspects have been taken into account during their elaboration;
6. The likely significant effects on the environment, including aspects such as biodiversity, population, human health, fauna, flora, land, water, air, climate factors, their impact on climate change, in a particular assessment of the carbon footprint associated with the plan or programme, the material goods, the cultural heritage, the landscape and the interrelationship between these factors. These effects should comprise the secondary, cumulative, synergistic, short, medium and long-term, permanent and temporary, positive and negative effects;
7. The measures envisaged to prevent, reduce and, as far as possible, offset any significant negative effects on the environment of the implementation of the plan or programme, including those to mitigate its impact on climate change. and enable its adaptation to it;
8. A summary of the reasons for the selection of the alternatives envisaged and a description of the manner in which the assessment was carried out, including difficulties, such as technical deficiencies or lack of knowledge and experience that may have been found when collecting the required information;
9. An environmental monitoring programme describing the measures envisaged for monitoring;
10. A non-technical summary of the information provided under the preceding headings. ANNEX V - Criteria referred to in Article 31 to determine whether a plan or program should be subject to an ordinary strategic environmental assessment
1. The characteristics of the plans and programmes, considering in particular: (a) The extent to which the plan or programme establishes a framework for projects and other activities, either in relation to location, nature, dimensions, and operating conditions or in relation to the allocation of resources. b) The extent to which the plan or program influences other plans or programs, including those that are hierarchized. c) The relevance of the plan or programme for the integration of environmental considerations, with the aim, in particular, to promote sustainable development. d) Significant environmental problems related to the plan or program. e) the relevance of the plan or programme for the implementation of Community or national environmental legislation, such as, inter alia, plans or programmes relating to the management of waste or the protection of the environment; water resources.
2. The characteristics of the effects and the area likely to be affected, considering in particular: a) The probability, duration, frequency, and reversibility of the effects. b) The cumulative character of the effects. c) The cross-border nature of the effects. d) Risks to human health or the environment (e.g. due to accidents). e) The magnitude and spatial scope of the effects (geographic area and population size that may be affected). f) The value and vulnerability of the area likely to be affected by:
1. ° Special natural features.
2. The effects on cultural heritage.
3. Exceeding limit values or environmental quality objectives.
4. The intensive exploitation of the soil.
5. The effects on areas or landscapes with recognized protection status at the national, community or international level. ANNEX VI - Environmental impact study and technical criteria
1. Content. The environmental impact assessment referred to in Article 35 shall include at least the following data: a) Object and description of the project and its actions, in the phases of execution, exploitation and decommissioning. b) Review of project alternatives that are more environmentally appropriate, in accordance with Article 1, that are technically feasible and justification for the solution adopted. c) Environmental inventory and description of key environmental or environmental processes and interactions. d) Identification and assessment of impacts, both in the proposed solution and in their alternatives. e) Where appropriate, assessment of the impact of the project on the Natura 2000 Network, in accordance with Article 35. f) Establishment of preventive, corrective and compensatory measures to reduce, eliminate or compensate for significant environmental effects. g) Environmental monitoring and monitoring programme. h) Synthesis document.
2. Description of the project defined in Article 5.3.b) which shall include: a) Localization. b) the relationship of all the actions inherent in the action concerned, by means of a detailed examination of both the stage of its implementation and its operation. c) Description of the materials to be used, soil to occupy, and other natural resources whose disposal or affectation is deemed necessary for the execution of the project. d) Description, where appropriate, of the types, quantities and composition of the waste, discharges, emissions or any other element derived from the action such as natural seismic hazard or the seismic hazard induced by the project, whether of a temporary nature during the construction of the work, or permanent when it is already carried out and in operation, in particular noise, vibration, odours, luminous emissions, particle emissions, etc. e) A multicriteria examination of the different alternatives that are more environmentally appropriate, including the zero alternative, or non-performance, and that are technically feasible, and a justification for the proposed solution that It will take into account various criteria, economic, functional, among which will be the environmental. The selection of the best alternative should be supported by a multi-criteria global analysis taking into account not only economic but also social and environmental aspects. f) A description of the foreseeable requirements over time, in order to use the soil and other natural resources, for each alternative examined.
3. Environmental inventory, comprising at least: a) Study of the state of the place and its environmental conditions before the construction of the works, as well as of the existing types of land occupation and use of other natural resources, taking into account the pre-existing activities. b) Identification, census, inventory, quantification and, where appropriate, mapping, of all the environmental aspects mentioned in Article 35, that may be affected by the projected performance, including the landscape in the terms of the European Landscape Convention. c) Description of key ecological interactions and their justification. d) Demarcation and mapped description of the territory affected by the project for each of the defined environmental aspects. e) Comparative study of the current environmental situation, with the performance derived from the project object of the evaluation, for each alternative examined. f) The above descriptions and studies shall be made in a succinct manner to the extent that they are accurate for the understanding of the possible effects of the project on the environment.
4. Identification, quantification and assessment of impacts. The identification, quantification and assessment of the expected significant effects of the projected activities on the environmental aspects referred to in the previous paragraph shall be included for each alternative examined. Where appropriate, the necessary modelling to complete the environmental inventory, and identify and assess project impacts will be included. Necessarily, the identification of the environmental impacts will result from the study of the interactions between the actions derived from the project and the specific characteristics of the environmental aspects affected in each case concrete, including the landscape in terms of the European Landscape Convention. The positive effects of the negatives will be distinguished; the temporary ones of the permanent ones; the simple ones of the cumulative and synergistic; the direct of the indirect; the reversible of the irreversible; the retrievable of the irretrievable; the newspapers of the irregular apparitions; the continuous of the discontinuous. The compatible, moderate, severe, and critical environmental impacts that are expected as a result of project execution will be indicated. The quantification of the significant effects of a plan, programme or project on the environment will consist of the identification and description, through measurable data of the expected variations of the habitats and the species affected as a result of the development of the plan or programme or project implementation. In particular, the expected variations in: Area of the habitat or size of the population affected directly or indirectly through the trophic chains, or of the environmental vectors, in particular, water, waste, energy or atmospheric flows; soil, sea side and of the rias. For this purpose, biophysical units of the affected habitat or species shall be used. The intensity of impact with quantitative and qualitative indicators. In case of not finding a suitable indicator for this purpose, a scale representing in terms of percentage the quality variations experienced by the affected habitats and species may be designed. The duration, frequency, and reversibility of the effects that the impact will cause on habitat and species. The abundance or number of individuals, their density, or the extent of their area of presence. Ecological diversity measured, at least, as a number of species or as a description of their relative abundance. The rarity of the species or habitat (assessed at local, regional and higher levels, including the community plan), as well as their degree of threat. The variation and changes that will be experienced, among others, the following habitat parameters and affected species: The conservation status. The quantitative ecological status. Physical integrity. The structure and function. The assessment of these effects shall be carried out, whenever possible, from the quantification, using the methodologies referred to in technical standards or studies that are applicable. The administration, through its electronic headquarters, will make available to the promoters the necessary documents to identify, quantify and assess the impacts. The identified and valued environmental impacts will be ranked, to be aware of their relative importance.
5. Quantification and assessment of the impact of the project on the Natura 2000 network. In the case of Natura 2000 sites, the variations in the essential elements of the habitats and species that led to their designation will be quantified singularly: Structure and function of the components of the ecological system and identification of the essential ecological processes of the site. Area, representativeness and conservation status of priority and non-priority habitats of the site. Population size, degree of isolation, locally adapted ecotypes or populations, genetic group, age structure and conservation status of species present at the site in question. The relative importance of the site in the biogeographical region and the coherence of the Natura 2000 network. Other environmental elements and functions identified at the site.
6. Proposal for preventive, corrective and compensatory measures. The measures planned to prevent, reduce, eliminate or compensate for the significant negative environmental effects of the various alternatives of the project will be indicated. To this end: The appropriate measures shall be described to prevent, mitigate or suppress the negative environmental effects of the activity, both in terms of its design and location, as well as the anti-pollution procedures, debugging, and generic environmental protection devices. In the absence of previous measures, those other measures aimed at compensating for such effects, if possible with restoration actions, or of the same nature and effect contrary to that of the action undertaken. The project budget will include these measures with the same level of detail as the rest of the project, in a specific section, which will be incorporated into the environmental impact study.
7. Environmental monitoring and monitoring programme. The environmental monitoring program will establish a system to ensure compliance with the indications and measures, preventive and corrective and compensatory measures contained in the environmental impact assessment at the execution as in the holding. This programme will be used for monitoring during the construction phase and for monitoring during the project's exploitation phase. The objectives pursued are as follows: a) Environmental monitoring during the construction phase: Detect and correct deviations, with environmental relevance, with respect to the projected construction project. Monitor the proper execution of environmental measures. Determine the need to delete, modify, or introduce new measures. Track the evolution of relevant environmental elements. Feeding future environmental impact studies. b) Environmental monitoring during the exploitation phase. The environmental impact study will justify the temporary extension of this phase considering the environmental relevance of the anticipated adverse effects. Verify the correct evolution of the measures applied in the works phase. Tracking the environmental response and evolution of the environment to the implementation of the activity. Feeding future environmental impact studies. a) The conclusions regarding the feasibility of the proposed actions. b) Conclusions on the analysis and evaluation of the various alternatives. c) The proposal for compensatory corrective preventive measures and the surveillance programme both at the stage of implementation of the planned activity and in its operation and, where appropriate, decommissioning.The summary document must not exceed twenty-five pages and will be written in terms of the general understanding. The information or technical difficulties encountered in carrying out the study with specification of the origin and cause of such difficulties shall also be indicated.
8. Technical concepts. a) Significant effect: The one that manifests itself as a modification of the environment, of natural resources, or of its fundamental processes of operation, that produces or can produce in the future repercussions appable on the same. b) Positive effect: The person admitted as such, both by the technical and scientific community and by the general population, in the context of a complete analysis of the generic costs and benefits and the externalities of the performance contemplated. c) Negative effect: The one that results in loss of naturalistic, aesthetic-cultural, landscape, ecological productivity, or increasing the damage caused by pollution, erosion or colkilling and other environmental risks in disagreement with the ecological-geographical structure, character and personality of a given locality. d) Direct effect: He who has an immediate impact on some environmental aspect. e) Indirect effect: The one that assumes immediate effect on the interdependence, or, in general, on the relationship of one environmental sector to another. f) Simple effect: The one that manifests itself on a single environmental component, or whose mode of action is individualized, without consequences in the induction of new effects, neither in its accumulation, nor in that of its synergy. g) Cumulative effect: That when the action of the inducer agent is prolonged in time, it progressively increases its severity, lacking the mechanisms of elimination with temporary effectiveness similar to that of the increase of the agent causing the damage. h) Synergic effect: The one that occurs when the joint effect of the simultaneous presence of several agents implies an environmental impact greater than the sum effect of the individual incidences contemplated in isolation. In addition, this type of effect is included in this type, whose mode of action induces the appearance of new ones in time. i) Permanent effect: The one that represents an indefinite alteration in the time of factors of action predominant in the structure or in the function of the systems of ecological or environmental relations present in the place. j) Temporary effect: The one that assumes non-permanent alteration in time, with a time limit of manifestation that can be estimated or determined. k) Reversible effect: The one in which the alteration it assumes can be assimilated by the environment in a measurable way, in the medium term, due to the functioning of the natural processes of ecological succession, and the mechanisms of Media self-debugging. l) Irreversible effect: The one who assumes the impossibility, or the "extreme difficulty", to return to the situation before the action that produces it. m) Recoverable effect: The one in which the alteration that it assumes can be eliminated, either by natural action or by human action, and also by the one in which the alteration it assumes can be replaceable. n) Unrecoverable effect: The one in which the alteration or loss it assumes is impossible to repair or restore, both by natural and human action. o) Periodic effect: That which manifests itself with an intermittent and continuous mode of action in time. p) Effect of irregular occurrence: The one that manifests itself in an unpredictable way in time and whose alterations it is necessary to evaluate according to a probability of occurrence, especially in those circumstances not periodic nor continuous, but of exceptional severity. q) Continuous effect: The one that manifests itself with a constant alteration in time, accumulated or not. r) Discontinuous effect: That which manifests itself through irregular or intermittent alterations in its permanence. s) Compatible environmental impact: The one whose recovery is immediate after the cessation of the activity, and does not require preventive or corrective measures. t) Moderate environmental impact: The one whose recovery does not require intensive preventive or corrective measures, and in which the achievement of initial environmental conditions requires some time. u) Severe environmental impact: The one in which the recovery of the conditions of the environment requires preventive or corrective measures, and in which, even with these measures, that recovery requires a long period of time. v) Critical environmental impact: The one whose magnitude is higher than the acceptable threshold. It produces a permanent loss of the quality of environmental conditions, without possible recovery, even with the adoption of protective or corrective measures. x) Residual impact: losses or alterations of the natural values quantified in number, surface, quality, structure and function, which cannot be avoided or repaired, once applied in situ prevention and correction measures. y) Seismic hazard: Probability that the value of a certain parameter that measures ground movement (intensities; acceleration, etc.) is exceeded in a given period of time.
9. Specifications relating to the works, installations or activities listed in Annex I and II: a) Refineries of crude oil (excluding companies producing only lubricants from crude oil), as well as the gasification and liquefaction facilities of at least 500 tonnes of coal Bituminous shales a day. b) thermal power stations and other combustion plants with a thermal power of at least 300 MW, as well as nuclear power plants and other nuclear reactors (excluding research facilities for production and processing of fissile and fertile materials in which the maximum power does not pass from 1 KW of permanent thermal duration). Nuclear power plants and other nuclear reactors cease to be considered as such installations when the entire nuclear fuel and other radioactive elements have been definitively withdrawn. of the place of the installation. c) Installations intended exclusively for permanent storage, or for the disposal of radioactive waste definitively: For the purposes of this law, permanent storage of radioactive waste shall mean any it is its temporary duration, which is specifically designed for such activity and which is outside the scope of the nuclear or radioactive installation which produces such waste. d) Comprehensive steel plants. e) Integrated chemical installations: For the purposes of this law, integration shall be understood, such as those of undertakings which start in the raw material or intermediate chemicals and their final product is any chemical products which may be used for commercial or subsequent use in a new manufacturing process. When the chemical-integrated installation is intended to be located in a particular location where there is no pre-existing chemical plant, it shall be subject to this law, whichever is the chemical object. of their manufacture. When the chemical-integrated installation is intended to be located in a particular location where a set of chemical plants already exists, it shall be subject to this law if the chemical or the chemicals it intends to manufacture are classified as toxic or dangerous, according to the regulation to which Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the registration, assessment, authorisation and restriction of the chemical substances and preparations (REACH), for which the European Agency is set up Chemical substances and preparations. f) Construction of motorways, highways, conventional roads and population variants. For the purposes of this Act, these types of roads are those defined in the Roads Act. g) Airports with take-off and landing strips of a length greater than or equal to 2,100 metres and airports of particular use: For the purposes of this law the definition contained in Law 48/1960, of 21 of 21 July, on Air Navigation and the Chicago Convention of 1944 on the creation of the International Civil Aviation Organization (Annex 14). In this regard, the defined area of land or water (including all buildings, installations and equipment), intended to be wholly or partly for the arrival, departure and movement of aircraft, is understood by airport. h) Commercial ports; inland waterways and inland waterway ports allowing access to vessels of more than 1,350 tonnes and marinas. In relation to inland waterways and inland waterway ports allowing access to ships of more than 1,350 tonnes, they shall be understood to allow access to vessels of more than 1,350 tonnes of tonnage. i) Facilities for the disposal of hazardous waste by incineration, chemical treatment or land storage: For the purposes of this law, chemical treatment, referred to as a physical-chemical treatment, shall be understood; On-shore storage shall be understood as a security deposit on land. The actions of which an uncontrollable erosive process may be derived, or which result in losses of soil exceeding the permissible ones in relation to the soil regeneration capacity. Actions that alter natural or humanized landscapes of traditional, rooted values. The use of species not included in the natural succession of vegetation corresponding to the station to be repopulated. The performance that results in a remarkable decrease in biological diversity. j) Uncultured grounds and semi-natural areas: for the purposes of this Law, the land that has never been cultivated or those that have been cultivated has been included in this denomination; activities that meet the conditions and deadlines determined by the Law of Montes and that have allowed them to be populated by woody forest vegetation. k) Open-pit extraction of hard coal, lignite or other mineral deposits: For the purposes of this law, open-pit extraction shall mean those tasks or activities of exploitation or exploitation of the mineral deposits and other geological resources which necessarily require the application of mining techniques and are not carried out by underground work. The application of a mining technique is deemed necessary in cases where explosives, short form, tajos or banks of 3 metres or more are to be used, or the use of any kind of machinery. l) Change of use of soil: For the purposes of this Law, the transformation of any use of rural land to one another (agricultural, livestock, forestry, hunting, or any other linked to the land) shall be understood as a change in land use. rational use of natural resources) when it involves a substantial alteration of the plant cover or the transformation of the use of rural soil into urbanised soil. m) Consolidation and improvement of irrigation: For the purposes of this law, the consolidation of regulations shall mean actions that affect the infrastructure of water, either for lack of water or for excessive losses in water. (a) to supplement the water requirements of existing crops, and to supplement the water requirements of existing crops. Actions to improve irrigation are considered to be those affecting the irrigated area sufficiently endowed, or very gifted, of water, which are considered to be appropriate actions involving improvements to water savings or improvements. Socioeconomic status of holdings. n) Quarterly average value: mean quarterly value, taking into account the days of actual production, the period of 90 consecutive days of maximum production. o) Annual average value: average annual value shall mean the average daily average values over a calendar year. p) Hotel installation: for the purposes of this law, hotel facilities are considered to be those tourist accommodations that are available to the public for which the minimum capacity is 30 seats. q) Transmission of electrical energy: includes the activity (transport), the facilities (interconnected network of high and medium voltage) and the end (supply to final customers or distributors). Substations are included in this concept.
