Directive 2006 /123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market has been transposed into the Spanish legal order through Law 17/2009 of 23 December 2006. November, on the free access to and pursuit of the activities of services; this law consolidates the principles of freedom of establishment and freedom to provide services, aims to reduce barriers to access to services of services and their exercise in such a way that the instruments of intervention of the Administrations They must be in conformity with the principles of non-discrimination, justification and proportionality, and also require the simplification of procedures and the reduction of administrative burdens.

But the incorporation of these principles into a law of transposition is not sufficient for the generalisation of their application, the process of transposition of the Services Directive has also involved the revision of the rules already in force to ensure compatibility and consistency with those principles. To this end, an evaluation exercise has been carried out of all the sectoral regulations governing access to and the exercise of services. Exercise that has culminated in the elaboration of Law 25/2009, of December 22, of modification of various laws for its adaptation to the Law on the free access to the activities of services and its exercise. Through this rule, 47 laws are modified, 9 of them from the environmental area.

The adaptation of the legal order in force to the principles of the Services Directive, does not end in the norms with the law, it is also necessary to adapt the norms of the regulatory range, on the one hand, to the the guidelines contained in the law transposing the Services Directive and, on the other hand, the amendments made to the rules with the law in the law of 22 December of 22 December, amending various laws for their adaptation to the law Law on the free access to and exercise of services activities.

With regard to the adaptation of the regulatory regulations, on 12 June, the Council of Ministers adopted an Agreement (Agreement on the Adaptation of Regulatory Regulations to the Draft Law on Free Access to the Law of the European Union). activities of services and their exercise and modification of various laws for their adaptation to the law on the free access to the activities of services and their exercise) in which the guidelines and the timetable for the processing of services are contained modifications.

Following the aforementioned guidelines, the Ministry of the Environment, and the Rural and Marine Environment, in the area of the environment, incorporates in this royal decree the modifications of 19 regulations for its adaptation to the Law on the Free access to the activities of services and their exercise and to the Law of amendment of various laws for their adaptation to the Law on the free access to the activities of services and their exercise.

The modifications that are incorporated in this royal decree go along the lines that are set out below:

The current and applicable regulations are clarified in various sectors: hunting, fishing, mountain and forest fires. These are already old rules affected by other rules subsequently approved, as well as by the process of transferring competencies to the autonomous communities.

The development rules are adapted to the amendments incorporated in the rules of law introduced by Law 25/2009 of 22 December, amending various laws for their adaptation to the Law on Free access to and exercise of service activities. Thus, in Royal Decree 1471/1989 of 1 December 1989, which adopted the General Regulation for the Development and Implementation of Law 22/1988 of 28 July 1988, the principles of publicity, impartiality, transparency and competitive competition in the access to services activities; and in the regulations that collect the legal status of the different waste, the registration of authorizations and communications in the Register of production and management of the wastes provided for in the amendment of Law 10/1998, of Waste.

Also, Royal Decree 849/1986 of 11 April, approving the Regulation of the Public Hydraulic Domain, adapts to the amendment incorporated in the Royal Legislative Decree 1/2001, of July 20, for which it is approved the recast text of the Water Law. In this amendment the responsible statements were incorporated in all those special common uses which do not exclude the use of the resource by third parties, this modification implies that the development regulation has incorporated the regulation of responsible statements in this area.

In relation to the simplification of procedures, mention should be made of the amendment of Royal Decree 509/2007 of 20 April, which adopted the Regulation for the development and implementation of Law 16/2002 of 1 July 2007, integrated prevention and control of pollution, in this case the processing is simplified and adapted to the modifications subsequent to the approval of this regulation that had been introduced in the Royal Legislative Decree 1/2008 by which approves the recast text of the Environmental Impact Assessment Act.

Also in this line is amended Royal Decree 178/2004, of January 30, for which the general regulation for the development and implementation of the law 9/2003, of 25 April, establishing the legal regime of the This amendment implies an adaptation of the bodies referred to in this Regulation by the Inter-Ministerial Council of Modified Bodies, which is intended to be used for the purposes of the Genetically and the National Biosafety Commission, to the current ministerial structure. In this same regulation, the functions of these two bodies are clarified and channels of communication and collaboration between them are established to avoid duplicity of formalities for the citizens. A Committee for the participation of representatives of the social sectors is set up to promote transparency in the decision-making process. Finally, in the interests of the necessary administrative simplification, it is also possible to highlight the abolition of the National Biosurveillance Commission, provided for in Royal Decree 1697/2003 of 12 December 2003, the functions of which have been subsumed in the of the organs already mentioned.

Furthermore, references to the electronic processing of administrative procedures are also incorporated in the various regulations.

Finally, mention should be made of the amendment of Royal Decree 208/2005 of 25 February on electrical and electronic equipment and the management of its waste. This Royal Decree incorporates Directive 2002/95/EC into national law. The European Parliament and the Council of 27 January 2003 on restrictions on the use of certain dangerous substances in electrical and electronic equipment and Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 2003, on waste electrical and electronic equipment. Amendments to the Services Directive are introduced in this royal decree of electrical appliances, but other reforms are also incorporated for a more precise transposition of the waste directives.

This royal decree is issued under the state competence to issue basic environmental protection legislation (Article 149.1.23. of the Constitution), with the exception of Articles 3 and 4 (covered by the Constitution). competence to lay down basic legislation on forests and forest exploitation, also of 149.1.23. and Article 5, which is based on Article 149.1.22. which is the responsibility of the State for the legislation, management and allocation of resources and Hydraulic harness when water flows through more than one autonomous community. In addition to this title of competence, this royal decree is issued under the amparo of 149.1.13. ª, because these are rules that affect the general planning of economic activity, this norm is part of the process of adaptation of the The legal framework for the Services Directive, following the ambitious approach set out in Law 17/2009 of 23 November, the objectives of which are: to promote a comprehensive improvement of the regulatory framework for the services sector, to consolidate the regulatory principles compatible with the basic freedoms of establishment and freedom to provide services, barriers and reduce barriers that unreasonably restrict access to and exercise of services activities, and, in addition, simplify procedures by avoiding unnecessary delays and reducing administrative burdens to the public. service providers.

This regulation has the character of basic regulations and technical content, such as the regulations it modifies, so it is dealt with as a royal decree.

This royal decree consists of an exhibition party and another dispositive part consisting of 19 articles, a transitional provision, a repeal and two final provisions. The autonomous communities, the Environmental Advisory Council, the State Commission for Natural Heritage and Biodiversity, the National Water Council, the Inter-Ministerial Council of Modified Bodies have been consulted. Genetically, the sectors concerned and has been made available to the general public.

In its virtue, on the proposal of the Minister of the Environment, and the Rural and Marine Environment, of the Minister of Industry, Tourism and Commerce and the Minister of the Interior, with the prior approval of the Minister of the Presidency, according to the Council of State, and after deliberation by the Council of Ministers at its meeting on 26 March 2010,

DISPONGO:

CHAPTER I

Natural Environment

Article 1. Amendment of the Regulation for the implementation of the Inland Fisheries Law of 20 February 1942, approved by the Decree of 6 April 1943.

The Inland Fisheries Regulation approved by the Decree of 6 April 1943 is repealed.

However, this regulation will remain in force in those communities and autonomous cities that do not have legislation approved in this area, as long as these regulations are not dictated. In any case, the following amendments shall be included in this

:

(a) The second, third, fourth and fifth paragraphs of Article 59 are repealed.

(b) Article 66 is repealed.

(c) The fourth paragraph of Article 69 is worded as follows:

"The concession will be awarded to the highest bidder."

Article 2. Modification of the Montes Regulation, approved by Decree 485/1962, of 22 February.

In the Montes Regulation approved by Decree 485/1962 of 22 February, they are repealed: the preliminary title (Articles 1 to 3); Chapter I of Title I of book I (Articles 4 to 7); Articles 8 to 12; Articles 20 to 22; and 24 and 25; Articles 31 to 36; Sections III and IV of Chapter III and Chapter IV of Title II of book I (Articles 50 to 68); Articles 152 to 154; Articles 202 to 204; Article 207; Articles 210 and 211; Sections 1 and 2. Chapter II of Title I of book II (Articles 212 to 224); Chapter III of Title I of book II (Articles 225 to 227); The second and third sections of Chapter III of Title I of book II (Articles 229 to 241); Articles 253 to 256; Articles 264 and 265; Sections 3 and 4 of Chapter IV of Title I of Book II (Articles 272 to 275); Title II of the book II (Articles 276 to 283); book III (Articles 284 to 387 and 404 to 406); book IV (Articles 407 to 490) and final provisions 1 and

.

However, these articles will remain in force in those communities and autonomous cities that do not have legislation approved in this area, as long as these regulations are not dictated.

Article 3. Amendment of the Implementing Regulation of the Hunting Act of 4 April 1970, approved by Decree 506/1971 of 25 March.

The Implementing Regulation of the Hunting Act of 1970, approved by Decree 506/1971 of 25 March, is repealed.

However, this regulation will remain in force in those communities and autonomous cities that do not have legislation approved in this area, as long as these regulations are not dictated. In any case, the following amendments shall be included in this

:

(a) Article 20 (1) is worded as follows:

" 1. They are referred to as social hunting grounds, those whose establishment is intended to facilitate the pursuit of equal opportunities for all hunters who so wish. "

(b) Article 20 (9) is repealed.

(c) Article 36 (4) (e) is repealed.

(d) Paragraph (a) of the licences of Class A of Article 37 is repealed.

Article 4. Amendment of the Forest Fire Regulations, approved by Decree 3769/1972 of 23 December.

In the Forest Fire Regulations, approved by Decree 3769/1972 of 23 December 1972, Title I, Chapters I, IV, V of Title II, Title IV, Chapter VI of Title V, Title VI and the provisions of Title VI of the Regulation are repealed. additional.

However, these articles will remain in force in those communities and autonomous cities that do not have legislation approved in this area, as long as these regulations are not dictated.

CHAPTER II

Waters

Article 5. Amendment of the Regulation of the Public Domain of Hydraulic approved by Royal Decree 849/1986 of 11 April.

The Regulation of the Public Hydraulic Domain approved by Royal Decree 849/1986 of 11 April is amended in the following terms:

One. Sections II, III, IV, V and VI of Chapter II of Title II (Articles 51 to 82) are worded as follows:

" Section II. Special common uses. General rules

Article 51.

1. A responsible statement shall be submitted for the exercise of the following special common uses:

a) Navigation and flotation.

b) The establishment of passing boats and their jetties.

c) Any other use, not included in the previous article, that does not exclude the use of the resource by third parties.

2. The exercise of these special common uses shall respect the purposes and integrity of the public hydraulic domain, and in particular the quality and flow of water. For these purposes, the catchment bodies shall establish, taking into account the characteristics and circumstances of each river basin, the conditions, quotas and other requirements to be observed in the exercise of the said uses and in accordance with which will assess the compatibility of the activity with the protection of the hydraulic public domain.

These requirements should be published every year, kept up to date and made available to the public on the basin body's website so that they can be consulted at any time, and in any case, in advance sufficient for the exercise of the activity.

In particular, detailed information on the requirements, deadlines and documentation necessary for the exercise of each of the uses, as well as the access regime, prohibitions, conditions, conditions, conditions, conditions, and conditions shall be made available to the public. limitations, quotas, payment of the fee or deposit, applicable in each case and the models for the presentation of the responsible declaration and, where applicable, of the authorisations.

3. In no case shall the construction, assembly or locations of facilities intended to accommodate persons be permitted within the hydraulic public domain, even if on a temporary or temporary basis.

Article 5.bis.

1. The declarations responsible for the special common uses shall be in accordance with the provisions of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure and on this rule.

2. In the responsible declaration, in addition to the content provided for each type of use in Articles 55 et seq. of this Regulation, the manner in which the activity is to be carried out shall be described, including the time limit for its financial year. The declaration shall also include the completion of the necessary prior formalities in each case.

3. After the submission of the responsible declaration, and after the expiry of the period to be fixed by the basin body, the person concerned may initiate the activity.

When the basin body considers that the activity described in the declaration is incompatible with the purposes and integrity of the public hydraulic domain, it shall notify the person concerned by resolution, in a reasoned and before the time limit provided for in the preceding paragraph is completed, the impossibility of carrying out this activity.

4. The activity provided for in the responsible declaration shall be carried out in accordance with the above and within the time limit specified. If the activity has not been developed within that period, it shall not be possible to take place unless a new declaration is submitted.

In the case of activities the exercise of which is subject to a quota, the declarant shall inform the administrative authority, where appropriate, of his decision not to carry out the activity or to cease the activity thereof.

5. The inaccuracy, falsehood or omission, of an essential nature, in any data, manifestation or document accompanying or incorporating a responsible statement, or the non-filing with the competent authority of the responsible declaration, determine the impossibility of continuing with the exercise of the activity concerned from the moment when such facts are recorded, without prejudice to the responsibilities, penalties, civil or administrative matters to which there is a place.

Likewise, the public administration resolution declaring such circumstances may determine the obligation of the person concerned to replenish things to the state prior to the commencement of the corresponding activity, as well as the failure to request a new procedure with the same object for a given period of time, all in accordance with the terms laid down in the sectoral rules of application.

Item 52.

1. In the responsible declarations required for the performance of special common uses of the public hydraulic domain of the channels, the basin body shall seek a supporting project or other supporting documentation from the person concerned. which it considers necessary, in particular the presentation of a study, drawn up by a responsible technician, on the assessment of the effects which may occur on the environment, health and fishery resources, as well as on the solutions that, if any, are provided.

2. It shall be agreed, a period of public information for a period of not less than 20 days, not more than two months.

3. These formalities must be completed within three months, which will be extended to six months if the time limit for public information is longer than one month or the project has been confronted, since the project has been submitted to the authority. administrative. Within this period, the administration shall, by means of a reasoned decision, notify the person concerned of its conformity or disconformity with the project according to its compatibility with the protection of the public hydraulic domain.

4. When the responsible statement is submitted, the completion of the above procedures shall be demonstrated.

5. The responsible declaration shall be submitted to the competent basin body in the case of works carried out by the State Administration or in the event that they are to be carried out in channels which delimit the territory of two or more Autonomous communities.

Article 53.

1. The special common uses referred to in Sections V and VI of this Chapter, which, because of their special intensity, may affect the use of the resource by third parties, shall require authorization. The procedures for granting authorisations shall respect the principles of publicity, transparency and objectivity. In addition, the principle of competitive competition, as provided for in Law 30/2007 of 30 October, will apply to public sector contracts, in the following cases:

(a) In the case of a service activity the procurement of which is promoted by the basin body in accordance with the intended uses, taking into account the characteristics and circumstances of each river basin,

b) When the exercise of the activity excludes the exercise of other activities by third parties.

2. The criteria for granting authorisations shall be directly linked to the protection of the environment.

3. The authorizations will conform to the following fulfillment:

(a) In cases where the submission of a project or a period of public information is necessary, these formalities shall be carried out in accordance with the provisions of Article 52.2 and 3.

(b) The time limit for the Administration to resolve the authorisation procedure shall be three months, which shall be extended to six months if the time limit for public information is greater than one month or Confrontation of the project. After that period, the application shall be deemed to be rejected, pursuant to the second subparagraph of Article 43 (1) of Law No 30/1992 of 26 November 1992.

(c) In cases where the processing of the authorization has been entrusted to an autonomous community, the latter shall make a proposal for a resolution to the basin body, who shall, in turn, communicate to that body the decision to be made, for notification to the data subject.

4. The resolution shall be understood to be in accordance with the proposal made when, within three months, from the date of entry of that into the basin body, the latter would not have communicated the resolution to the autonomous community.

5. The processing of files of this nature shall be the responsibility of the basin body, in the case of works carried out by the State Administration or in the event that they are to be carried out in channels that delimit the territory of two or more Autonomous communities.

6. The decisions of the catchment bodies under the General Administration of the State provided for in Articles 51.bis.3. Second paragraph, 52.3 and in this article will end the administrative path.

Article 54.

1. The exercise of special common uses shall be carried out without prejudice to the right of ownership and without prejudice to third parties, irrespective of the specific conditions which may be established in each individual case.

2. The exercise of special common uses shall be subject to the payment of the occupation fee for the land of public hydraulic domain established in Article 112 of the recast of the Water Act.

3. Those who make a special common use shall be obliged, even in the event of the anticipated completion of the activity, to leave the channel under normal conditions of drainage, and the basin agency may take the necessary measures to ensure the compliance with this obligation.

Section III. Navigation, flotation, setting of passing boats and their jetties

Article 55.

Responsible declarations for uses for navigation purposes in the waters of natural currents, lakes and lagoons and reservoirs shall be submitted to the basin body.

Article 56.

In areas adjacent to the natural beaches of rivers, lakes, lagoons or reservoirs where bathing is not expressly prohibited, no responsible declaration of any kind for the use of flotation means shall be specified; for their size and characteristics, they can be considered as complementary to the bathroom.

Article 57.

The declarations responsible for the establishment of jetties, ramps, cables and other installations specified for navigation or complementary to such use shall be governed by the provisions of Articles 51a and 52 of the This Regulation.

Article 58.

1. For the purposes of this Regulation, any vessel sailing through the inland waters of a river basin, with the exception of those provided for in Article 56, shall be provided with standard registration.

2. Vessels in respect of which a responsible declaration is made to sail exclusively for the purpose of river descents, sporting events or other similar occasions of character shall be exempted from the registration requirements. sporadic.

Article 59.

1. Those who present responsible declarations to navigate respond to the fact that their vessels comply with the legislation in force in terms of stability of the vessels, security elements that they must have and good state of conservation of those vessels. and these.

2. Motor-powered or sailing vessels with an overall length of more than 4 metres shall be insured against damage to third parties by means of the relevant insurance policy. The responsible shipping declaration, whatever its term, shall not be valid outside the period of validity of the policy. For the rest of the vessels the requirement of insurance is left to the criterion of the basin organism.

Article 60.

1. For the handling or governance of the vessels, it is necessary to be in possession of the corresponding title issued by the competent body, in those cases where it is mandatory according to the class of vessel.

2. Whoever submits a responsible navigation declaration for the use of a plurality of vessels is obliged to ensure that the title of those who handle them is sufficient.

Article 61.

The declarations responsible for recreational navigation in reservoirs will be conditioned, as required by article 78 of the Recast Text of the Water Law, taking into account the intended uses for the stored waters, protecting their quality and limiting access to shunt or drainage areas, as prescribed in the following Articles of this Regulation.

Article 62.

1. In those lakes, lagoons, reservoirs or rivers where recreational uses of navigation and restrooms reach sufficient level of development, the relevant catchment area may fix the areas for navigation, anchorage and access to (a) the vessel, which shall be properly placed, as well as those in which navigation is prohibited as a result of danger to bathers, the danger of water or the proximity of supply outlets, azudes, dams or other drainage bodies.

2. In the case where the area to be used for navigation is used by one or more natural or legal persons who have facilities provided for in this use, each of them may be obliged to carry out on its own account the account of the of the areas corresponding to their anchorages and sleeves. The cost of the baling in the common area may be passed on to the common zone, in proportion to the fee corresponding to the set of vessels that make use of each installation.

Article 63.

1. The presentation of the responsible declaration shall not constitute a monopoly or a class preference in favour of the declarant. The exercise of navigation may be temporarily or definitively suspended by the Administration for reasons of safety, health or other justified reasons, without the declarant being entitled to any compensation.

2. The declarations of navigation for the inland waters shall be subjected to the charge for the use of the hydraulic public domain referred to in the 112 of the Recast Text of the Law of Waters.

Article 64.

The basin organizations will classify lakes, lagoons and reservoirs within their respective geographical areas according to the possibilities they present for navigation to rowing, sailing and motor, as well as for the use of toilets. In addition to their natural and access characteristics, the reservoirs shall be taken into account for the limitations resulting from the compatibility of these uses with the use of water, the operating system, the variability of levels and the other circumstances that may condition them.

Article 65.

Any alteration in the works, facilities or environment of a reservoir and which, permanently or temporarily, may have an impact on the uses of baths or navigation or to modify the established limitations, must be immediately communicated to the relevant basin body responsible for the operation of the reservoir.

Article 66.

The basin organizations will be able to establish a system of classification, similar to that of lakes, lagoons and reservoirs, for those sections of rivers in which it is convenient in view of their conditions of navigability. The classification may be revised, as well as extended or reduced in scope, taking into account navigation statistics in the preceding years.

Article 67.

1. The declarations responsible for river flotation for the transport of wood by loose parts or with almadias shall be submitted to the relevant basin body, indicating in addition to the data for the identification of the declarant, the the following: section or sections of river to be used, specifying its principle and its end, the ratio of azudes, the water intake and other obstacles existing in the section, indicating its characteristics and, where appropriate, the proposed system to save them, the number and dimensions of the pieces or the almadias, and the dates on which the flotation.

2. The procedure shall be in accordance with Articles 51a and 52 of this Regulation.

Article 68.

The declarant shall be responsible for any damage that may occur to the hydraulic public domain and to the goods of private individuals or the State that may exist in the section that is the subject of the float. In order to respond to them and before starting these activities, you will be granted bail in the amount that, in each specific case, will be fixed by the Administration, which will be returned if there has been no damage.

Article 69.

1. The submission of a responsible declaration for passing boats, including their jetties, shall be made in the terms referred to in Article 51a and 52.

2. To this declaration, the following documentation will be joined:

a) Project subscribed by competent technician.

In the event that there are no cables on the premises and the transport of motor vehicles is not foreseen, the project may be replaced by plans of the jetty and a descriptive and supporting memory of the Installations and watercraft, of which at least the following characteristics shall be defined: Length, sleeve, strut, displacement in ballast and load, maximum capacity of persons, type of propulsion and power in case of such, and material that the helmet is built.

(b) If they are intended for public service, the Operating Regulation.

3. Public information may be dispensed with in the event that the public use of the vessel is not foreseen and that the presentation of the project is not required by the characteristics of the installation.

4. At the same time as the presentation of the responsible declaration necessary for the establishment of the premises, the navigation relating to the rules laid down for this purpose shall be submitted in this Regulation.

Section IV. Other special common uses

Item 70.

Responsible statements for use of pasture in the public hydraulic domain shall follow the procedures set out in Articles 51a and 52 with the following specialties:

1. The declaration shall be joined by documentation similar to that referred to in Article 73 for plantations and for short.

2. Public information will be carried out with the insertion of advertisements in the town halls in which it will be used.

3. These declarations shall permit the exercise of the activity for a maximum period of two years.

4. The presentation of the declaration responsible for pasture, unless the Administration considers it necessary for a better operation, does not involve the exercise of the activity on an exclusive basis.

Article 71.

The use of reservoirs or tranches of river by seaplanes shall be submitted to a responsible declaration and shall be accommodated in accordance with this Chapter, provided that it is compatible with the nature and purpose of the use of the Hydraulic public domain.

Section V. Special common uses which, due to their special condition of the hydraulic public domain, may hinder the use of the resource by third parties

Article 72.

1. The use or use by individuals of the channels or property located in them shall require prior administrative authorisation.

2. In the granting of authorisations for the use of aggregates, tree vegetation or bushland, establishment of bridges or walkways, jetties and facilities for public restrooms, the possible adverse ecological impact shall be considered, the appropriate guarantees for the return of the environment should be required.

Article 73.

authorisations for planting, planting and cutting of trees on land of public hydraulic domain shall be subject to the provisions of Article 53 and the following rules:

1. The surface extension of planting or planting in hectares, its limits, type of tree and density, shall be expressly specified. In the case of short, the petitioner must also point out whether he personally carried out the plantation or if he has permission from which he made it to carry them out. If it were spontaneously born trees, it would indicate the amount of wood measured in cubic meters.

2. The request will be joined by the following documentation:

a) Plano at area level, if the surface was equal to or greater than one hectare.

b) Croquis in the area, if less than one hectare.

(c) Where appropriate, a supporting document that the petitioner made the plantation or has the authorization of the plantation.

Article 74.

1. In the announcement of public information, in the case of authorisations for sowing, planting or short of spontaneously born trees, the possibility of submitting competing petitions and incompatible with the initial request shall be warned.

2. In the event that petitions are filed in competition with the initial and incompatible with it, it shall be settled on the basis of giving preference to the owner abutting the course, unless a petition has been filed in competition for any public entity and for the purpose of public utility, in which case preference shall be given to it. If the award is not made in favour of the original petitioner, the successful tenderer shall be obliged to compensate the first of the costs incurred, duly justified.

3. Authorisations for planting and planting shall be granted for a maximum period equal to that of the vegetative cycle of the species concerned.

4. Under these authorisations, works of land movements that alter the section of the channel or its configuration may not be carried out in any case.

5. The short of spontaneously born trees shall be subjected to the charge of the use of the goods of hydraulic public domain, established in Article 112 of the Recast Text of the Law of Waters.

6. The rights of the beneficiary, in the event of revocation, shall be limited to the use of the trees or plants in the state in which they are produced.

Article 75.

Authorizations for restrooms or recreational and sports zones in public channels or their police zones will be dealt with in accordance with the provisions of Article 53 of this regulation. They shall also apply the following requirements:

(a) The technical documentation shall include, as a minimum, drawings and explanatory and supporting memory of the works and installations, indicating in them the relative position of the works and facilities for water supply, Azudes, dams and their drainage bodies, which are less than 500 metres apart.

(b) In the case of sports facilities for which navigation in rivers or reservoirs is included, the technical documentation shall include, in addition to the data relating to the jetties, a proposal for a The Commission has been able to draw up a report on the situation in the European Community, and the Commission will be able to draw up a report on the situation in the European Community. reservoirs, azudes, or supply outlets or other causes. This beacon will be borne by the petitioner.

c) In this type of authorization the request competence processing will be set.

(d) The time limit for these authorisations shall be at most 25 years.

e) The declaration responsible for the navigation of vessels intending to make use of the facilities referred to in this Article shall be submitted independently and in accordance with the provisions of Articles 55 to 66 of this regulation.

Article 76.

1. The extraction of arid land on grounds of public domain which do not seek the exclusive use of a section shall require administrative authorisation, which shall be dealt with in accordance with Article 53 of this Regulation.

2. The request will take concrete form: flow, extraction zone and municipal area, location of the sorting facilities and collection, if any, exit points and access to the road network, volume in cubic meters and time limit in which take out the extraction, means to be used in this and in the transport and sales tariffs, if any.

3. The following documentation will be joined to the reviewed request:

(a) For the extraction of more than 20,000 cubic meters, a project shall be submitted by a competent technician.

(b) For extractions between 20,000 cubic metres and 500 cubic metres, it shall be presented: the description of the extraction, where it is justified that the development of the work is geared to the lighting and better drainage of the river, contributing to the minoring of the marginal floods, situation plans and topographic of the gravera and transversal profiles of it with its cubations.

(c) For extractions of less than 500 cubic metres, the presentation of the situation and the gravel shall be sufficient, the latter being limited.

4. The time limit for granting such authorisations shall be proportionate to the volume of the extraction, without exceeding one year, and may be extended for another year on a justified request. The processing of public information in the extraction of less than 5,000 cubic metres may be dispensed with.

5. These authorisations will weigh their impact on fish stocks. Where the extraction is intended to be carried out on the final sections of the rivers and may cause harmful effects on the beaches or affect the availability of the aggregates necessary for their contribution to the beaches, the report of the agency shall be required. responsible for the management and protection of the maritime public domain, which shall be subsequently transferred from the resolution to be adopted.

6. The beneficiaries of these authorizations, before the start of the work, will be obliged to provide a guarantee or guarantee in order to respond to the possible damage to the hydraulic public domain. The amount of this security shall be equal to the amount of the fee and, at least, 300 €. It may be exempted from this deposit in the extractions of less than 500 cubic meters. The deposit will be returned, once the extraction works have been completed, if the damage has not occurred.

Article 77.

1. Applications for authorisation for water derivations of a temporary nature which do not seek a right to the private use of water shall contain all the information necessary for the adoption of the relevant resolution and must be accompanied by a detailed sketch of the works of the plant and the rest of the facilities and a description of each other, in which the requested flow and the non-condition sensitive to other uses must also be justified. pre-existing.

2. The basin body may ask the person concerned to submit a supporting project for the works and installations, which has been signed by a competent technician, if it is considered necessary by its importance and, once it has been deemed sufficient, Documentation provided, shall be verified the compatibility of the request with the provisions of the Water Plan of Cuenca.

3. If the application is deemed compatible with the provisions of the plan, the authorization, which may not be granted for a period exceeding two years, shall be granted without further formalities, in which it shall be stated that it is granted to a precarious person, which may be revoked if the basin body thinks it appropriate for better management of the hydraulic public domain.

Section VI. Activities in the police area

Article 78.

1. In order to carry out any type of construction in the area of police, prior authorization to the basin agency will be required, unless the corresponding Urban Planning Plan, other urban planning figures, or plans of works of the administration, have been informed by the basin body and have collected the appropriate forecasts made to this effect.

2. To the request referred to above, it shall be a plant plan which includes the construction and the margins of the bed, with a transverse profile at the site of the construction site closest to the bed, in which the possible zones will be reflected Exempt from buildings.

3. The processing shall be as set out in Article 53 of this Regulation.

4. The catchment bodies shall notify the competent city council of requests for authorisation to build a police area of channels, as well as the resolutions on which they are responsible for the possible granting of such authorisation. works license.

Article 79.

For the execution of defense works or level of land, rural roads, aceques and drains in the police zone that will significantly alter the natural relief, the request, documentation and procedures will be adjusted to the provided for in Article 53.

Item 80.

The extractions of aggregates in the police areas of channels, without prejudice to the legislation of Minas, may only be granted to the owner of the estate or to persons who enjoy their authorization.

They shall be processed in accordance with the provisions of Articles 53, with the specific characteristics of the case and with the following provisos:

a) Everything concerning cubations will be deleted in the technical documentation.

b) In the same documentation, it will be highlighted how much it corresponds to the performance of the works in relation to the margins and their reinforcements in order to avoid the diversion of the bed as a consequence of the depression caused by the extractions. The possible replacement of the hollow with surplus products from extraction or other materials will also be considered.

Article 81.

The authorisation of any other activity referred to in Article 9 (d) of this Regulation shall be processed by the basin body in accordance with the provisions of Article 53.

Article 82.

1. The collective camping in the police area of public channels which, according to the legislation in force, will need authorization from the competent bodies in matters of regulating tourist camps, will have to be authorized by the agency the basin, subject to the corresponding request made by the person concerned, at least one month in advance of the date on which the camping is to be started.

2. This authorisation shall indicate the limitations to which the camping shall be subject, as regards the risks to the safety of persons or the contamination of water by discharges of solid or liquid waste. '.

Two. Articles 314 to 317 are worded as follows:

" Article 314.

In accordance with the provisions of Articles 116 and 117 of the Recast Text of the Water Act, it is considered administrative violations in the waters that are defined in the following articles.

Article 315.

Will constitute minor administrative violations:

(a) Actions or omissions that cause damage to the goods in the hydraulic public domain, provided that the valuation of those assets does not exceed 3,000.00 euros.

(b) Failure to comply with the conditions imposed in the concessions and administrative authorizations referred to in the recast of the Water Act, in cases where they did not give rise to revocation or revocation of the same.

c) The execution without due administrative authorization or without the presentation of the corresponding declaration responsible for works, works, planting or plantations in the public channels or in the areas legally subject to some type of limitation in its use, in cases where damage to the hydraulic domain is not derived from such action or, if any, its assessment shall not exceed EUR 3,000.00.

(d) The invasion or occupation of the channels or the extraction of aggregates on the same, without the corresponding authorization, when damage to the hydraulic domain is not derived or if the assessment does not exceed the EUR 3,000.00.

e) Damage to hydraulic works or plantings and the removal and damage to the materials used for their construction, preservation, cleaning and monda in the cases where the assessment of such damage, or of the subtracted, does not exceed EUR 3,000.00.

(f) The cutting of trees, branches, roots or shrubs on the banks, banks or margins subject to the police regime without administrative authorisation.

g) The crossing of channels or channels, on an unauthorized site, by persons, livestock or vehicles.

(h) Disobedience to the orders or requirements of the officials of the services of the basin body in the exercise of the functions conferred by the legislation in force.

i) Failure to comply with any prohibition laid down in the Water Act and in this Regulation or the omission of acts to which they require, provided that they are not regarded as less serious, serious or very serious

(j) The exercise of a special common use without prior submission of the responsible declaration or in breach of the conditions imposed by the administrative authority to ensure the compatibility of such use with the domain Hydraulic public.

k) The inaccuracy or omission of an essential character in the data, manifestations or documents that are incorporated or accompanied by the responsible statement.

Article 316.

They will have less serious administrative violations:

(a) Actions or omissions that cause damage to the property of the hydraulic public domain, provided that the valuation of those goods is between 3,000.01 and 15,000.00 euros.

(b) Failure to comply with the conditions imposed in the concessions and administrative authorisations in cases where the declaration of revocation or revocation of the concessions would have occurred.

c) The derivation of water from its channels and the delivery of groundwater without the corresponding concession or authorization when it is accurate, as well as the carrying out of works or maintenance of any means they make (a) to assume that the abuse of the same is continued, provided that, in the latter cases, there is a prior requirement of the basin body to the contrary.

d) The execution without due administrative authorization of works, works, planting or plantations in the public channels or in the areas legally subject to some kind of limitation in their use, in the cases in which, damage to the hydraulic domain, its assessment being between EUR 3,000.01 and EUR 15,000.00.

(e) The invasion or occupation of the channels or the extraction of aggregates in them without the corresponding authorization, when damage to the public domain whose valuation was between 3,000.01 and 15,000.00 euro.

(f) Damage to hydraulic works or plantations and the removal or damage to materials used for their construction, preservation, cleaning and monda, in cases where the assessment of such damage or property subtracted was between EUR 3,000.01 and EUR 15,000.00.

(g) discharges which may impair the quality of the water or the drainage conditions of the receiving channel, carried out without the corresponding authorisation and provided that the damage to the public domain is not above EUR 15,000.00.

h) The untruth in the data, manifestations or documents that are incorporated or accompanied by the responsible statement.

Article 317.

Serious or very serious infractions listed in the preceding articles shall be considered when the acts and omissions therein provided for the hydraulic public domain damage the valuation of which exceeds 15,000.01 and the EUR 150,000.00, respectively.

In addition, they may be qualified as serious or very serious, as the case may be, for violations consistent with the acts and omissions referred to in Article 116 (g) of the Recast Text of the Water Act, in the light of the damages They are derived for the good order and use of the hydraulic public domain, the transcendence of the same for the safety of the persons and goods and the profit obtained by the infringer, always attending to the characteristics Specific hydrologic of the basin and the system of exploitation of the public hydraulic domain in the section of the river or municipality where the infringement occurs. '

Three. Articles 319 and 320 are repealed.

Four. Article 321 is worded as follows:

" Article 321.

In general, both for the qualification of the infringements and for the fixing of the amount of the penalties provided for in the preceding Articles, in addition to the criteria set out above, the following criteria shall be considered: concurrent circumstances provided for in Article 117 of the Recast Text of the Water Act. "

Five. Article 339 is worded as follows:

" Article 339.

The amount of the penalties as well as the rest of the pecuniary obligations, will be entered into the special account entitled to the effect in the Banco de España or in another bank, within the time limits provided for in the Regulation General of Collection, the amount being allocated to the repairs or investments required by the improvement of the affected hydraulic public domain and, in any case, the restitution of the latter to its primitive state. "

CHAPTER III

Costas

Article 6. Amendment of the General Regulation for the Development and Enforcement of Law 22/1988 of 28 July 1988, approved by Royal Decree 1471/1989 of 1 December 1989.

The General Regulation for the Development and Enforcement of Law 22/1988, of 28 July, of Costas, approved by Royal Decree 1471/1989 of 1 December 1989, is amended in the following terms:

One. The second paragraph of Article 111.6 is read as follows:

" The city council shall communicate to the Peripheral Coast Service the nominal relation of the third parties responsible for the operation, prior to the start of the operation. Councils shall ensure that the principles of advertising, impartiality, transparency and competitive competition are respected in the relevant procedures for granting the holding. "

Two. Article 149 (1) is hereby worded as

:

" 1. In the granting of applications, the most public utility will be preferred. Only in case of identity among several requests will the priority be taken into account in the presentation. The procedure for granting applications for service activities shall respect the principles of advertising, impartiality, transparency and competitive competition. "

Three. Article 152 (1) is worded as follows:

" 1. The Administration may convene contests for the granting of concessions and authorizations in the maritime-terrestrial public domain. The procedure for granting authorisations and concessions for service activities shall respect the principles of advertising, impartiality, transparency and competitive competition. "

CHAPTER IV

Industrial environment

Section 1. Waste

Article 7. Amendment of the toxic and hazardous waste regulation approved by Royal Decree 833/1988 of 20 July.

The toxic and hazardous waste regulation approved by Royal Decree 833/1988 of 20 July is amended as follows:

One. Article 9 (1) and (2) are amended as

:

" 1. The General Administration of the State and the Autonomous Communities will cooperate to achieve the objectives set out in Law 10/1998 of 21 April of Waste and in this royal decree for which assistance and collaboration will be provided.

2. The authorizations deriving from this royal decree shall be entered by the Autonomous Community, in the Register of Production and Waste Management provided for in Law 10/1998 of 21 April. "

Two. Article 19 is worded as follows:

" The annual declaration, which will be presented before 1 March, as well as, in any case, the corresponding information to the Directorate General of Quality and Environmental Assessment of the Ministry of Environment, and Rural and Seaman shall be formalised in the model specified in Annex III to this Regulation. The autonomous community shall transmit such information to electronic support. "

Three. Article 23 is amended as follows:

" 1. They are subject to authorisation by the competent environmental authority of the autonomous community where they are located, those facilities where hazardous waste management activities are to be carried out.

2. Natural or legal persons who carry out hazardous waste management activities shall also be authorised to verify that the facilities in which they are to be carried out have the authorisation referred to in the paragraph or integrated environmental authorization.

These authorisations shall be granted by the competent environmental authority of the autonomous community where they have their registered office and shall be valid for the entire territory of the State.

3. In cases where natural or legal persons carrying out hazardous waste management operations are at the same time holders of the facilities where such operations are carried out, the competent environmental authority of the community where the installation is located, it may grant a single authorisation comprising that of the installation and the holder of the installation for the exercise of that activity. '

Four. Article 30 is worded as follows:

" Article 30. Validity of the authorization.

The authorizations will be granted for a period of five years, after which they will be automatically renewed for successive periods of another five years. The competent authority shall carry out any inspection visits it deems necessary to verify that the requirements for the maintenance of the authorisation are met at all times; if this is not the case, the authorisation may be suspended and propose the measures to be taken or, where appropriate, the authorisation may be revoked. "

Five. Article 42 is worded as follows:

" Article 42. Formalization of the move documents.

The document for the control and monitoring of the shipment of toxic and dangerous waste, as well as the information that is sent to the Ministry of the Environment, and the Rural and Marine Environment, will be carried out according to the model laid down in Annex V to this Regulation. This documentation will be handled electronically when processing by this route is available. "

Six. Article 44 (5) is worded as follows:

" 5. In the event of a verification visit prior to the entry into force of the authorisation, a detailed report shall be issued on the source or otherwise of the operation of the activity, and where appropriate the corrective measures to be taken shall be proposed. '

Article 8. Amendment of the Regulation for the development and implementation of Law 11/1997, of 24 April, of Envases and Waste of Envases, approved by Royal Decree 782/1998 of 30 April.

The Regulation for the development and implementation of Law 11/1997 of 24 April, of Envases and Waste of Envases, approved by Royal Decree 782/1998 of 30 April, is amended as follows:

One. In Article 8, paragraph 4 is

:

" 4. The authorisations of integrated waste management systems for packaging and used packaging shall be registered by the Autonomous Community in the Register of Production and Waste Management within a maximum of one month.

The reporting obligations arising from this article may be presented to the autonomous community in electronic support. "

Two. A paragraph 3 is added to Article 15, which is worded as follows:

" 3. The reporting requirements set out in this Article will be managed electronically when processing by this route is available. "

Article 9. Royal Decree 1378/1999 of 27 August 1999 laying down measures for the disposal and management of polychlorinated biphenyls, polychlorinated terphenyls and apparatus containing them.

Article 11 (1) of Royal Decree 1378/1999 of 27 August 1999 laying down measures for the disposal and management of polychlorinated biphenyls, polychlorinated terphenyls and apparatus containing them, is hereby amended as follows: as follows:

" 1. The undertakings for the collection, decontamination and disposal of used PCBs, PCBs and equipment containing PCBs shall have the authorization granted by the competent authority of the autonomous community which shall register it in the Register of Production and Management of waste provided for in Law 10/1998 of 21 April of Waste. The determination of the competent body shall be carried out in accordance with the terms laid down in Article 13 of Law 10/1998 of 21 April.

These companies will carry a record of their activity, the content of which will be adjusted to the provisions of article 13.3 of Law 10/1998, of 21 April, of Waste. Such undertakings shall provide the data recorded to the competent authority of the respective autonomous community before 1 March of each year. '

Article 10. Amendment of Royal Decree 1481/2001 of 27 December 2001 regulating the disposal of waste through its landfill site.

Article 7 of Royal Decree 1481/2001 of 27 December 2001, which regulates the disposal of waste by means of its landfill deposit, is amended as follows:

" The legal regime for the administrative authorisation of waste disposal activities in landfill will be that laid down in Law 10/1998 of 21 April of Waste, and where appropriate in the legislation on prevention and integrated pollution control, without prejudice to the other authorisations or licences required by other provisions. The authorisations provided for in Law 10/1998 of 21 April by the administrative authority which grants them shall be entered in the Register of Production and Waste Management. The content of the registration shall be determined in accordance with the autonomous communities. "

Article 11. Amendment of Royal Decree 1383/2002 of 20 December on the management of vehicles at the end of their useful life.

Article 7 (1) of Royal Decree 1383/2002 of 20 December 2002 on the management of vehicles at the end of their useful life is worded as follows:

" 1. Integrated management systems shall be authorised by the autonomous communities in which they are located territorially. The authorisations deriving from this Article shall be entered in the Register of Production and Waste Management provided for in Law 10/1998 of 21 April of Waste. The content of the registration shall be established in accordance with the Autonomous Communities. "

Article 12. Amendment of Royal Decree 653/2003 of 30 May on the incineration of waste.

In Article 4 of Royal Decree 653/2003 of 30 May 2003 for the incineration of waste, a new paragraph 5 is added with the following content:

" 5. The authorisations of incineration and co-incineration plants shall be granted in accordance with Article 13 of Law No 10/1998 of 21 April, and shall be entered for each Autonomous Community in the Register of Production and Management of wastes provided for in that Law. The content of this registration will be established in accordance with the Autonomous Communities.

The natural or legal persons who are to perform energy recovery or waste disposal operations and who are not the owners of the facility must be previously authorised by the competent authority of the Autonomous community where they have their registered office. These authorisations shall be valid for the entire territory of the State, and must be registered by the autonomous community which has granted them in the Register of Production and Waste Management. "

Article 13. Amendment of Royal Decree 208/2005 of 25 February of waste electrical and electronic equipment.

Royal Decree 208/2005 of 25 February of waste electrical and electronic equipment is amended as follows:

One. The third paragraph of Article 1 is worded as follows:

" This royal decree shall apply to all electrical and electronic equipment listed in the categories set out in Annex I, without prejudice to specific waste management regulations, and excluding those which form part of another type of apparatus not included in its scope and equipment intended for specifically military purposes, necessary for national security. '

Two. Article 2 (c) is worded as follows:

" (c) Producers of electrical and electronic equipment: natural or legal persons who, irrespective of the selling technique used, including distance selling or electronics, manufacture and sell electrical appliances (a) and electronic trade marks, reselling with own marks the apparatus manufactured by third parties and those which import from or export to third countries. The distributor shall not be regarded as a producer if the producer's mark appears on the apparatus, where the owner of that trade mark is registered in the Register of State-owned industrial establishments referred to in the additional provision. first.

The condition of a producer shall not be the natural or legal person who exclusively finances, by means of any financing agreement, marketing or resale operations, unless he acts as a producer according to any of the the cases provided for in the preceding paragraph. '

Three. A paragraph (g) is included in Article 2, which is worded as follows:

" g) Financing agreement: any arrangement or arrangement of loan, leasing, rental or deferred sale related to any apparatus, whether or not listed in the terms of such arrangement or arrangement any agreement or ancillary provision providing for the transfer or the possibility of transfer of ownership of such apparatus. '

Four. Article 6 is worded as follows:

" 1. Installations in which electrical and electronic waste is collected, including temporarily, excluding the establishments of distributors, and in which the processing operations of such waste are carried out must comply with at least the following: the technical requirements set out in Annex IV.

2. Treatment facilities shall carry a record of their activity, the content of which shall be in accordance with Article 13.3 of Law 10/1998 of 21 April of Waste.

3. The facilities referred to in paragraph 1 shall be previously authorised by the competent authority of the autonomous community where they are located and shall be registered by that body in the Register of production and waste management provided for in the Law 10/1998 of 21 April of Waste. The information to be included in the register shall be established in accordance with the autonomous communities. '

Five. Article 8 (2) is worded as follows:

" 2. Integrated management systems shall be authorised by the autonomous communities in which they are located territorially.

The authorizations deriving from this article will be entered by the autonomous community that has granted them in the production and waste management register provided for in Law 10/1998 of 21 April. The information to be included in the information shall be established in accordance with the autonomous communities. '

Six. Article 9 (2), which is worded as follows, is amended as follows:

" 2. For the purposes of calculating those objectives, waste electrical and electronic equipment sent for treatment to other States of the European Union or to third countries shall be taken into account, provided that the recovery operations are established, reuse or recycling are carried out in accordance with the Community rules on the environment, safety and occupational hygiene and with the provisions of this royal decree for processing operations. "

Seven. The single transitional provision is worded as follows:

" Single transient provision. Information on the impact on the price of the product of the costs of historical waste management.

In the devices placed on the market from the entry into force of this royal decree, the producers will have to inform the users about the impact on their final price of the management costs of the existing devices on the market before 13 August 2005, when waste comes, which shall not exceed the costs in which it is actually incurred. Such information shall be specified on the invoice. This obligation may be maintained until 13 February 2011, except for equipment falling within category 1 of Annex I, for which it may be extended until 13 February 2013. '

Article 14. Amendment of Royal Decree 1619/2005 of 30 December on the management of tyres out of use.

Royal Decree 1619/2005 of 30 December on the management of out-of-use tyres is amended as follows:

One. Article 6 (1) and (2) shall be worded as

:

" 1. Holders of tyre management activities other than recovery or disposal shall inform the competent authority in the environmental field of the relevant autonomous community that they shall register such activities. in the Register of Production and Waste Management provided for in Law 10/1998 of 21 April.

2. Installations where the recovery or disposal of off-the-use tyres are carried out and the natural or legal persons carrying out such activities must be authorised in advance by the competent environmental authority of the autonomous community, as provided for in Article 13 of Law 10 /1998 of 21 April. "

Two. The first subparagraph of Article 8 (2) is worded as follows:

" 2. Integrated systems for the management of off-use tyres shall be authorised by the autonomous communities in whose territory they are to carry out their activity. These authorisations shall be registered by the Autonomous Community which has granted them in the Register of Production and Waste Management provided for in Law 10/1998 of 21 April. Applications for authorisation from integrated management systems shall contain at least the following determinations: "

Article 15. Amendment of Royal Decree 679/2006 of 2 June, governing the management of used industrial oils.

Royal Decree 679/2006 of 2 June, which regulates the management of used industrial oils, is amended as follows:

One. Article 5 (3) is worded as follows:

" 3. Producers of waste oils which generate more than 500 litres per year, as well as waste oil managers, must carry a self-registration with indications relating to quantities, quality, origin, location and dates of delivery and reception. The keeping of this own-register, and the registration as producers in the Register of production and waste management by the corresponding autonomous community, will exempt these producers from compliance with the provisions of Article 22.1 of Royal Decree 833/1988 of 20 July 1988 on the implementation of the Regulation for the implementation of Law 20/1986 of 14 May, Basic for Toxic and Dangerous Waste. "

Two. Article 12 (1) shall be read as

:

" 1. Integrated waste oil management systems shall be authorised by the autonomous communities in which they are established, which shall register such authorisation in the Register of production and waste management within a maximum period of time. month. "

Three. The third subparagraph of Article 14 (3) shall be read as follows:

" Before 1 May of the year following the annual period to which the data are referred, the autonomous communities will send in electronic support to the Directorate General of Quality and Environmental Assessment, of the Ministry of Environment, and the Rural and Marine Environment, the information they have received, for the purpose of their referral to the European Commission, through the appropriate channel. "

Article 16. Amendment of Royal Decree 106/2008 of 1 February 2008 on batteries and accumulators and the environmental management of their waste.

Royal Decree 106/2008 of 1 February 2008 on batteries and accumulators and the environmental management of their waste is amended as follows:

One. A new Article 3a is incorporated with the following content:

" Article 3a. Registration of authorisations in the production and waste management register.

The authorizations provided for in this royal decree, will be entered by the competent authority of the autonomous community that has granted them, in the Register of production and waste management provided for in Law 10/1998, of 21 of April, of Waste. The content of the registration shall be established in accordance with the Autonomous Communities. "

Two. Article 20 (1) is worded as follows:

" 1. Producers may comply with Articles 10, 11, 12.2 and 19.1 by means of voluntary agreements concluded with the competent authorities of the Autonomous Communities or other economic operators, provided that they are complied with. the following conditions:

(a) Ensuring compliance with the ecological objectives set out in this royal decree.

b) That specific objectives be specified, the time limits for achieving them, as well as the responsibility for the case of non-compliance.

(c) To be registered in the Register of Production and Waste Management provided for in Law 10/1998 of 21 April.

(d) to establish a regular monitoring and control system for compliance with the voluntary agreement, to be reported to the competent authorities of the autonomous communities, and to the public, of the conditions laid down in the agreements as well as their implementation and the results that will be obtained by incorporating this information into the Register.

e) The Autonomous Communities will inform the Environmental Quality and Evaluation Directorate of the Ministry of Environment, who will transmit this information to the European Commission. "

Three. A paragraph 3 is added to Article 20, which is worded as follows:

" 3. Where each producer is involved in the voluntary agreements with each producer assuming responsibility through its own individual management system, the authorisations referred to in Article 7.1 shall be granted by the competent environmental authority of the Autonomous community where the producer has his registered office and shall be valid for the entire territory of the State. "

Section 2. Air Quality and Industrial Environment

Article 17. Amendment of Royal Decree 117/2003 of 31 January limiting emissions of volatile organic compounds due to the use of solvents in certain activities.

A single additional provision is added in Royal Decree 117/2003 of 31 January, limiting emissions of volatile organic compounds due to the use of solvents in certain activities, with the following: content:

" Single additional disposition. Electronic processing.

Interested parties may process the reporting obligations and procedures resulting from this rule by electronic means. Public administrations will promote the provision of the necessary means to effectively deal with this form of processing. "

Article 18. Amendment of the Regulation for the development and implementation of Law 16/2002 of 1 July on integrated pollution prevention and control, approved by Royal Decree 509/2007 of 20 April.

The Regulation for the development and implementation of Law 16/2002 of July 1 on integrated pollution prevention and control, approved by Royal Decree 509/2007 of 20 April 2007, is amended as follows:

One. Article 8 is worded as follows:

" Article 8. Integrated environmental authorisation and environmental management systems.

In relation to those activities for which externally certified environmental management systems are to be applied through EMAS or ISO 14001, the autonomous communities will lay down the rules that simplify the mechanisms of verification of compliance with the obligations arising from the integrated environmental authorisation, as well as the processing of the relevant application for authorisation or adaptation and its successive renewals. '

Two. Article 11 is amended as follows:

" Article 11. Submission of requests.

In the case of industries or industrial facilities that require any of the substantive authorizations set out in Article 3.b) of Law 16/2002, of July 1, when the granting of such authorizations the sponsor shall submit to the competent body the authority to grant the substantive authorisation.

(a) The application for the substantive authorisation and the remaining documentation required in accordance with its sectoral regulations,

b) The application for an environmental impact assessment accompanied by the initial document of the project, as provided for in the Royal Legislative Decree 1/2008 of 11 January, approving the recast of the Law of Environmental Impact Assessment.

Documents that are common to several of the above procedures will be presented only once they include all the requirements laid down in the different applicable rules.

The environmental impact assessment shall be prepared by the sponsor and shall request the integrated environmental authorisation from the competent authority of the autonomous community to grant such authorisation. "

Three. Article 12 is worded as follows:

" Article 12. Process public and query information.

Once the environmental impact study and the documentation submitted by the competent authority to grant the integrated environmental authorisation have been received, the body competent to grant the substantive authorisation shall proceed to the to manage the implementation of the joint public information and consultation procedure for the public authorities concerned and the persons concerned, provided for in Article 9 of the Royal Decree-Law 1/2008 of 11 January 2008, in Article 16 of Law 16/2002 of 1 July, and in the sectoral rules of application, for a period not exceeding less than thirty days.

Completed the processing of public and consultation information, the body responsible for granting the substantive authorisation or the body that has carried out the information and consultation procedure, will send a copy of the file, together with the allegations and comments received, to the competent authority of the Autonomous Community to grant the integrated environmental authorisation. '

Four. An Article 13a is added with the following wording:

" Article 13a.

In the case of industries or industrial installations whose activity is initiated from the presentation of a responsible statement or communication, the processing will be the one provided in these articles in such a way that the actions carried out by the body dealing with the substantive authorisation shall be carried out by the body to which the responsible statement or communication is presented.

Once the environmental impact assessment process has been carried out and the integrated environmental authorization has been obtained, the responsible statement will be presented or the communication will be carried out by attaching the supporting documentation of the statement of environmental impact and integrated environmental authorisation. "

Five. A new third additional provision is added with the following content:

" Additional provision third. Electronic processing.

Interested parties may process the reporting obligations and procedures resulting from this rule by electronic means. Public administrations will promote the provision of the necessary means to make this way effective. "

CHAPTER V

Genetically modified organisms

Article 19. Amendment of Royal Decree 178/2004 of 30 January 2004 approving the general regulation for the development and implementation of Law 9/2003 of 25 April establishing the legal regime for the contained use, release voluntary and marketing of genetically modified organisms.

Royal Decree 178/2004 of 30 January 2004 approving the general regulation for the development and implementation of law 9/2003 of 25 April establishing the legal regime for the contained use, release voluntary and marketing of genetically modified organisms, is amended as follows:

One. The first paragraph of the first provision is replaced by the following:

" In accordance with the provisions of the third provision of Law 9/2003 of 25 April 2003 establishing the legal regime for the contained use, voluntary release and placing on the market of organisms genetically modified, the Central Register of genetically modified organisms, under the Ministry of the Environment, and Rural and Marine Environment, whose management corresponds to the Directorate-General for Sustainable Development of the Rural Environment, is created. "

Two. The content of the first disposition is replaced by the following:

" As National Focal Point and National Competent Authority, according to the instrument of ratification of the Cartagena Protocol of 10 December 2002, the General Secretariat for Support and Coordination of the General Secretariat of Rural Environment shall assume the tasks set out in Regulation (EC) No 1946/2003 of the European Parliament and of the Council of 15 July 2003 on the transboundary movement of genetically modified organisms. '

Three. The content of the third final provision is replaced by the following:

" The Ministers of the Interior, Health and Social Policy, the Environment, and the Rural and Marine Environment and Science and Innovation are empowered to dictate, in the field of their respective competences, how many provisions necessary for the application and development of what was established in this royal decree. "

Four. A new paragraph 4 is added to Article 5 with the following content:

" 4. Public administrations shall promote the provision of the means necessary to ensure the effective electronic processing of the communication, information and administrative procedures resulting from this rule. "

Five. Articles 6 to 10 are replaced by the following:

" Article 6. Composition of the Council.

1. The Inter-Ministerial Council of Genetically Modified Organisms shall be composed of the following members:

(a) President: the Director-General of Sustainable Development of the Rural Environment of the Ministry of the Environment, and Rural and Marine Environment.

b) Vice President: the Director General of Agricultural and Livestock Resources.

c) Vocals:

Two on behalf of the Ministry of the Environment, and the Rural and Marine Environment of the Directorate-General for Food Industry and Markets, and the Directorate-General for Natural Environment and Forestry Policy.

A representative of the Ministry of the Interior.

A representative of the Ministry of Science and Innovation.

A representative of the Ministry of Education.

A representative of the Ministry of Health and Social Policy.

A representative of the Ministry of Industry, Tourism and Trade, of the Secretariat of State of Commerce.

A representative of the Spanish Food Safety and Nutrition Agency.

A representative of the Spanish Agency for Medicines and Health Products.

A representative of the unit designated as the competent national authority under the Cartagena Protocol on Biosafety.

It will also form part of the Council, with a voice but no vote, the Chairman of the National Biosafety Commission.

c) He will act as secretary, with a voice but without a vote: an official of the General Directorate of Sustainable Development of the Rural Environment, at least level 28.

2. The vowels, with the rank of director general, will be proposed by the various ministerial departments and appointed by the Minister of the Environment, and the Rural and Marine Environment.

Subject to the procedure laid down in the preceding paragraph, alternate members may be appointed to replace the vowels in the cases of vacancy, absence or sickness of such persons, provided that the appointment is Level 30 officials.

3. Without prejudice to the above paragraphs, where the nature or the importance of the matters to be dealt with so requires, they may attend the meetings of the Interministerial Council of Genetically Modified Organisms, with a voice, but without a vote, the holders of other management bodies whose management is related to the subject matter to be dealt with.

4. The Council shall meet as many times as necessary for the performance of its tasks and, in any event, at least twice a year.

5. Within the framework of the Council, a Participation Committee is set up, which is attached to the Committee, in which the sectors concerned will be represented, the agricultural professional organizations at national level, the agri-food cooperatives, the consumer and user organisations, conservation organisations, in total, up to a maximum of 15 members, all of whom are appointed by the Ministry of Environment, and the Rural and Marine Environment, on a proposal from the respective entities.

The Participation Committee will be the organ of dialogue and information between the citizens and the General Administration of the State, in the field of genetically modified organisms. The members of the committee shall be duly informed of the agreements and reports adopted in order to enable them to make the judgment which is appropriate in each case.

Their functions will be to advise the Inter-Ministerial Council on how many issues are requested by the Council, to raise to the consideration of the same number of issues as appropriate, to ensure participation and information The Commission is also responsible for the implementation of the Council Directive on the protection of the environment and the protection of the environment. In cases where matters affecting a specific sector are to be dealt with in the committee for participation, the assistance of the main associations or national representative organisations of the respective sector may be requested, as well as of those experts of recognised prestige who, by reason of the matter, are justified.

Article 7. Duties of the Council.

1. It is for the Inter-Ministerial Council of Genetically Modified Organisms to grant the authorisations referred to in Article 3 of Law 9/2003 of 25 April, as well as the other functions assigned to it in this Regulation.

2. Where the authorisations for the use of the contained use and voluntary release for purposes other than the placing on the market are intended to cover one of the activities referred to in Article 3.2.a) of the law referred to above, the authorization shall be conditional on the agreement of the representative of the Ministry of Health and Social Policy, except in the case of medicinal products for veterinary use whose authorization shall require the conformity of the representatives of the Ministries of Health and Social Policy and the representation of the Ministry of the Environment and the Rural Environment and Marino.

3. If the authorisations were intended to carry out activities for the contained use and voluntary release of genetically modified organisms, in the cases referred to in Law 13/1986 of 14 April of promotion and coordination In the context of scientific and technical research, and in the framework of research programmes carried out by bodies or bodies dependent on the General Administration of the State, the granting of authorization is subject to the representation of the Ministry of Science and Innovation and the Ministry of Education.

4. For authorizations relating to the technical examination for the registration of commercial varieties referred to in Article 3.2.c of Law 9/2003 of 25 April, the conformity of the representation of the Ministry of the Environment shall be required. Environment and Rural and Marine Environment.

5. Decisions of the Inter-Ministerial Council of Genetically Modified Organisms which grant or refuse authorisations shall terminate the administrative route.

6. The following functions are also the responsibility of the Inter-Ministerial Council:

(a) Decide on the content of the documents to be sent to the international bodies, and establish the Spanish position before them, including the position before the European Union's bodies.

(b) Make an annual report on the activities carried out in the field of genetically modified organisms on the basis of the information provided by the bodies of the General Administration of the competent State in the the subject matter, the autonomous communities and the undertakings concerned. The report shall be published once it has been approved.

Section 2 of the National Biosafety Commission

Article 8. Nature and composition of the National Biosafety Commission.

1. The National Biosafety Commission, provided for in the second provision of Law 9/2003 of 25 April, is a collegiate body of consultative status of the General Administration of the State and the Autonomous Communities.

2. The National Biosafety Commission shall be composed of the following members:

a) President: the Director General of Quality and Environmental Assessment.

b) A vice-president, appointed from among the vowels representing the General Administration of the State by agreement of the plenary of the Commission, to be appointed by the Minister of the Environment, and the Rural and Marine Environment.

c) Vocals.

1. On behalf of the General Administration of the State:

An official representative of the Directorate General for Civil and Emergency Protection, Ministry of the Interior.

An official representative of the General Directorate of Universities, Ministry of Education.

Five officials representing the Ministry of the Environment, and the Rural and Marine Environment, four of them from the Secretary of State for Rural Affairs and Water, and one from the Secretary of State for Climate Change, experts in technology food, agriculture, livestock, biodiversity and biosecurity.

Four officials representing the Ministry of Health and Social Policy, food safety experts, medicines for human and veterinary use, public health and analytical techniques.

An official representing the Ministry of Industry, Tourism and Commerce, expert in foreign trade.

Four officials from the Ministry of Science and Innovation, with expertise in technology policy, research programs and agri-food technology.

The vowels will be appointed by the respective ministries and appointed by the Minister of the Environment, and the Rural and Marine Environment.

2. A vocal for each of the autonomous communities, prior to communication to the Ministry of the Environment, and the Rural and Marine Environment.

d) Act as secretary, with voice but no vote, an official of the Environmental Quality and Evaluation Directorate of at least level 28.

3. The National Biosafety Commission may incorporate as permanent members up to a maximum of six experts from scientific institutions, in matters covered by Law 9/2003, of 25 April. The appointment of the same shall be the subject of a favourable report by the Inter-Ministerial Council on Genetically Modified Organisms, on a proposal from the Presidency of the National Biosafety Commission.

4. The Commission may also, on a proposal from its Presidency, invite those scientists or experts whose assistance is justified for specific subjects to participate in its meetings, with a voice but without a vote.

Article 9. Functions.

1. The National Biosafety Commission shall inform the applications for authorisation which it is appropriate to grant to the General Administration of the State and to the Autonomous Communities.

2. In addition, you will perform the following functions:

(a) Report on the classification of the most appropriate type for the contained use of genetically modified organisms, in the case referred to in Article 12.3.

b) Report on whether the data and documents provided are complete and accurate, whether the measures relating to the management of waste, security and response in the event of an emergency are appropriate and whether the activity of which it is carried out intends to comply with the provisions of Law 9/2003 of 25 April and of this Regulation, as set out in Article 16.1 of the latter.

(c) Report on whether the projects for the contained use of genetically modified organisms are to be submitted to public information, as set out in Article 16.2.d.

(d) To report on the basis of prior adoption of the relevant decision by the competent bodies, in the cases provided for in Articles 15, 17.3, 19.4, 24, 25.5 and 6, 33.2, 35.1, 40.2, 42.1, 44.2, 46.2 and 50.

e) Report on the proposals, development and implementation of the monitoring plans in the cases referred to in Articles 32.2, 37 and 42.

(f) Report on the other issues to be submitted for consideration by the Inter-Ministerial Council of Genetically Modified Organisms or by the competent body of the Autonomous Communities.

Article 10. Operation of the Commission.

1. The National Biosafety Commission may act in plenary or through working groups, and shall meet as many times as necessary to report applications for authorisation for activities carried out with genetically modified organisms and for the performance of the other functions referred to in the previous Article.

2. Under the Commission's dependence, it may be possible to establish how many expert groups are deemed necessary for carrying out the necessary scientific and technical support activities for the performance of their duties.

The agreement for the creation of such groups, which will not be permanent, will be carried out by the Commission's plenary session and will establish its composition, objectives and deadlines for action, corresponding to the coordination of the groups. which are believed to be the President of the Commission.

3. The members of the National Biosafety Commission and the expert groups shall channel any institutional relationship arising from their membership through their president, and shall refrain from carrying out any communication activities. risks, as well as any form of statements or statements in relation to their reporting, study or evaluation activities, without prejudice to the duty of information of the representatives of public administrations to their departments.

4. The National Biosafety Commission shall inform the inter-ministerial Council of genetically modified organisms on their actions, the reports produced and the minutes of their sessions. '

Six. The entries contained in the Director-General of Quality and Environmental Assessment, in Articles 12.4, 15, 20, 21, 24, 25, 25, 26, 27, 28, 32.5, 33, 40, 46.1 and 51.1 of the General Regulation for the Development and Implementation of Law 9/2003, 25 of April, laying down the legal regime for the contained use, voluntary release and placing on the market of genetically modified organisms, shall be understood in all cases to the Director General of Sustainable Development of the Rural Environment, as President of the Inter-Ministerial Council of Modified Bodies Genetically.

Seven. Article 60 (5) and (6) shall be replaced by the following:

" 5. The imposition of the penalties for the conduct of infringements committed in the case of technical examination referred to in Article 3.2.c of the abovementioned law, as well as those carried out in respect of imports and exports of Seed and nursery plants incorporating or containing genetically modified organisms, without prejudice to the provisions of paragraph 3 of this Article, shall be:

(a) to the Director General of Agricultural and Livestock Resources, for the commission of minor infractions.

(b) to the Secretary-General of the Rural Environment, in respect of serious infringements.

c) The Minister for the Environment, and the Rural and Marine Environment, the sanction of very serious infringements.

6. Infringements committed in connection with the import and export of genetically modified organisms and the products containing them for use in bioremediation or other activities other than those referred to in the paragraphs 3, 4 and 5 of this Article, provided that they do not pose a risk to human health or to the health control of the environment, shall be sanctioned by:

a) The Director General of Natural Environment and Forestry Policy, in the case of minor infractions.

(b) The Secretary-General of the Rural Environment, in the case of serious infringements.

c) The Minister of the Environment, and the Rural and Marine Environment, in the very serious infringements. "

Single transient arrangement. Production and waste management registration.

As long as the system of operation of the Register of Production and Waste Management provided for in Article 6a of Law 10/1998 of 21 April of Waste is not approved, the obligations of registration in it will be followed governed by the above rules applicable to them.

Single repeal provision. Regulatory repeal.

Royal Decree 1697/2003 of 12 December 2003 is hereby repealed, establishing the National Biosurveillance Commission.

Final disposition first. Competitive titles.

This royal decree is dictated by the provisions of Article 149.1.23. of the Constitution which gives the State the power to issue basic legislation on environmental protection. Articles 2 and 4, which fall under the jurisdiction of Article 149.1.23. of the Constitution which gives the State the power to lay down basic legislation on forestry and forestry, and Article 5 of the Constitution, are exempted from Articles 2 and 4. Article 149.1.22. of the Constitution, which corresponds to the State the legislation, management and granting of resources and hydraulic exploitation when the waters flow through more than one autonomous community. Likewise, this royal decree is dictated by the provisions of article 149.1.13. of the Constitution, which attributes to the State the competence on the basis and coordination of the general planning of economic activity.

Final disposition second. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on March 26, 2010.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ