The growing demand for electric power requires an increase in the number of electrical lines and power lines installed in the natural environment which, due to the lack of specific regulations, lack the necessary elements or the appropriate protective measures to ensure their safety for birds, with the subsequent risk of electrocution or collision of these in such infrastructures, especially for certain species included in the Spanish Catalogue of Endangered Species, regulated Article 55 of Law 42/2007, of 13 December, of Natural and Natural Heritage Biodiversity.

In this context, the current research on the causes of non-natural mortality more frequent in the avifauna, has shown that among the main ones are the electrocution and the collision in the structures The main problem of conservation for species as emblematic as the Iberian Imperial Eagle, the Perdica aguila-azor or other great raptors. Electrocution also affects many more common species, such as real eagles, cuckles, caled water, black milanos, azores, rattlers, storks, and real owls, to name a few of the most affected species. It is estimated that at least several tens of thousands of birds die each year in Spain due to electrical power lines, while carrying out these cuts and irregularities in the electrical distribution. All this advises to take as many electro-technical measures as possible to avoid or at least reduce the said mortality.

The constitutional mandate contained in article 45 of our Magna Carta, and the commitment made by Spain to the Convention on the Conservation of Wildlife, will also be fulfilled. and the Natural Environment in Europe, made in Berne on 19 September 1979, and ratified on 13 May 1986, which recognises the need to take measures to implement national policies for the conservation of wild flora and fauna and natural habitats, the measures of which must be appropriate to protect, in particular, species threatened.

On the other hand, the aforementioned Law 42/2007 of 13 December, which aims to establish standards for the protection, restoration, conservation and improvement of natural resources, and in particular of natural and natural areas the wild flora and fauna, in Article 52 thereof, provides for the necessary measures to be taken to ensure the conservation of species living in the wild.

In this context, the Convention on Migratory Species or the Bonn Convention, adopted at the Conference of the Parties held in Bonn from 18 to 24 September 2002, Resolution 7.4 on Migratory Bird Electrocution, in which a specific reference is made to the serious effects of electrocution on avifauna and calls on the Member States, including Spain, to address the problem resolution.

In turn, Law 21/1992, of 16 July, of Industry, and 54/1997, of 27 November, of Regulation of the Electrical Sector, establish, in addition to the pursuit of the own ends of its specific object, that the activities that They must be compatible with the protection of the environment, stating that the safety of industrial or electrical installations must not only ensure protection against accidents which can cause damage to persons, but also to the flora, the fauna and, in general, to the environment.

Therefore, although this royal decree is approved in accordance with Law 42/2007, the final provision of which entitles the Government to dictate the regulatory provisions necessary for its development and implementation. in order to take the conservation measures of the species to which this royal decree refers, it is also necessary to resort to the adoption of measures of an electro-technical nature which introduce modifications to the overhead power lines, in such a way as to prevent birds from electrocuting or colliding with them and which, at the same time, guarantee the electricity supply and the quality of the supply; it is cited in Law 54/1997, which provides cover for the establishment of such measures, by repeated mention in Articles 21.3, 28.3, 36.6, 40.3, 43.2 and 51.2 f), compliance with the conditions for the protection of the environment and also to provide for the classification in Articles 59 to 67 of the correlative classification of the relevant administrative offences and penalties.

This rule is of a basic nature and takes the form of a royal decree because, given the nature of the subject matter, it is a necessary complement to ensure that the objective objective is met. State competition on bases.

Even though this regulation has been collected in Royal Decree 263/2008 of 22 February, which establishes technical measures in high-voltage power lines, in order to protect the avifauna, recently published, certain formal defects, referred to in the following paragraph, advise their replacement by the present, with the consequent repeal of that royal decree.

In accordance with the provisions of Directive 98 /34/EC of the European Parliament and of the Council of 22 June, as amended by Directive 98 /48/EC of the European Parliament and of the Council of 20 July 2000, the actual decree It required the European Commission to be notified. On 1 April, the European Commission formally informed that the notification had been produced in a defective manner and that the notification procedure was therefore closed, recalling that the closure implied the inapplicability of the royal decree before the national judge. Consequently, in order to remedy the aforementioned formal defect of Royal Decree 263/2008 of 22 February, it is necessary to deal with a new royal decree that will repeal it and, in parallel, fully incorporate its content, in the same terms in which was drafted, with minor regulatory technical adjustments.

This provision has been submitted to the procedure for information on technical standards and regulations and regulations relating to the services of the information society, regulated in the Royal Decree 1337/1999, of 31 July, for the purpose of complying with Directive 98 /34/EC of the European Parliament and of the Council of 22 June, as amended by Directive 98 /48/EC of the European Parliament and of the Council of 20 July.

In its virtue, on the proposal of the Ministers of the Environment, and the Rural and Marine Environment and Industry, Tourism and Trade, in agreement with the Council of State and after deliberation of the Council of Ministers, at its meeting of the 29th of August 2008,

DISPONGO:

Article 1. Object.

purpose of this royal decree is to lay down rules of a technical nature for the application of high voltage overhead power lines with naked conductors located in the protection zones defined in Article 4, with the aim of to reduce the risks of electrocution and collision for avifauna, which will result in a better quality of the supply service.

Article 2. Definitions.

For the purposes of this royal decree, it is understood by:

a) Isolator: An element that isolates and supports the conductors of an electrical line in the supports.

b) Mooring insulator: A horizontal insulator where the driver has been fixed and which supports the tensioning of the line.

c) Suspended insulator: Insulator disposed below the assembly's crossbar.

d) Alargera: A non-tension element that is placed between the cruceta and the start of the insulator chain to increase the distance between the driver and the gunman.

e) Extensions or modifications of existing high voltage overhead power lines: Those that involve changes in the supports or crutches, in which the distances between the conductors can be varied to adapt to this royal decree and comply with all other regulatory requirements, with no additional modifications to the rest of the line.

f) Support or post: Structure of metal, wood, concrete, or other appropriate materials, supported by the conductors in an electrical line and to which the ground wires are fixed directly in their case. It's formed by the fuste and the gunman.

g) Alignment support: Suspension support, mooring, or anchor used in a rectilinear stretch of the line.

h) Mooring support: Support with tie isolation chains.

i) Anchor support: Support with tie-isolation chains intended to provide a firm point on the line and which limits the longitudinal efforts of exceptional character.

j) Bypass support: Supports that serve to derive new branch lines from the network.

k) Principle or end-of-line support: They are the first and last supports of the line with tie-isolation chains intended to support in the longitudinal direction the requests of the full beam of conductors in a single direction. l) Suspension support: Support with suspension isolation chains.

m) Priority areas for breeding, feeding and dispersing birds: Areas with regular presence of some of the species included in the Spanish Catalogue of Threatened Species, or in the Autonomous Catalogues, in a period of three consecutive years.

n) Armed: Structure of the support to anchor the insulators that hold the conductors.

n) Land Cable: A ground conductor connected to any or all supports, generally disposed but not necessarily, above the stage conductors, in order to ensure a certain protection from the ground atmospheric discharges.

o) Insulator chains: Set of insulators arranged behind one another.

p) Conductor: Metal cable that transports electrical power in an electrical line.

q) Cruceta: The same definition as "Armed".

r) Minimum security distance "d": The range between the end of the crucet and the mooring staple.

s) Posed deterrent: External device placed on the crutches to prevent birds from being posed.

t) Fusible: Element that interrupts the electrical circuit in case of an over-intensity.

u) High-voltage overhead power lines: Three-phase AC power lines at 50 Hz frequency, the effective nominal voltage between the phases being equal to or greater than 1 KV. They are classified as follows, in accordance with the Regulation on technical conditions and safety guarantees in high-voltage power lines and their complementary technical instructions ITC-LAT 01 to 09, approved by the Royal Decree 223/2008, dated February 15.

1. Special Category: The rated voltage equal to or greater than 220 kV and the lower voltage rating which are part of the transport network, as set out in Article 5 of Royal Decree 1955/2000 of 1 December 2000, regulating the activities of the transport, distribution, marketing, supply and authorisation procedures of electrical energy installations.

2. First Category: The rated voltage of less than 220 kV and greater than 66 kV.

3. Second category: rated voltage equal to or less than 66 kV and greater than 30 kV.

4. Third Category: The rated voltage equal to or less than 30 kV and greater than 1 kV.

The power lines that constitute the traction line itself-the contact line-are excluded from the railways.

v) Bridge: Untense connection between two drivers.

w) Salvapajaros or signer: External device that is fixed to the cables for remote viewing by the birds.

x) Sectionator: A mechanical connection device that, for security reasons, in an open position ensures a sectioning distance that satisfies specific isolation conditions.

y) Semicruceta: Half of a cruceta.

z) Distribution Transformer: Element that transforms a system of high voltage currents into another low voltage system.

Article 3. Scope of application.

1. This royal decree applies to high voltage overhead power lines with naked conductors located in protection zones, which are newly constructed, or which do not have an approved execution project for the entry into force of the this royal decree, as well as extensions or modifications of existing high voltage overhead power lines.

2. This royal decree also applies to high-voltage overhead power lines with existing naked conductors upon entry into force, located in protection zones, the protection measures against electrocution being mandatory. voluntary measures to protect against collision.

Article 4. Protection zones.

1. For the purposes of this royal decree, they are protection zones:

(a) The territories designated as Special Protection Areas for Birds (ZEPA), in accordance with Articles 43 and 44 of Law 42/2007, of 13 December, of Natural Heritage and Biodiversity.

b) The areas of application of the recovery and conservation plans developed by the autonomous communities for bird species included in the Spanish Catalogue of Threatened Species or in the autonomous catalogues.

c) Priority areas of reproduction, feeding, dispersion and local concentration of those species of birds included in the Spanish Catalogue of Threatened Species, or in the regional catalogues, when these areas do not are already covered by paragraphs (a) or (b) of this Article.

Prior to the report of the State Commission for Natural Heritage and Biodiversity and by means of a reasoned resolution, the competent organ of each autonomous community will delimit the priority areas of reproduction, feeding, dispersion and local concentration corresponding to its territorial scope.

2. The competent authority of each autonomous community shall have the publication, in the relevant official journal, of the existing protection zones in their respective territorial scope within one year of the entry into force of this Regulation. royal decree.

Article 5. Technical prescriptions for power lines.

1. The power lines referred to in Article 3 shall comply with the technical requirements laid down in Articles 6 and 7 and in the Annex, without prejudice to the electrotechnical regulation which is also applicable to them.

2. Within one year of the entry into force of this royal decree and by means of a reasoned decision, the competent authority of each autonomous community shall determine the lines which, among those referred to in Article 3.2, do not comply with the provisions of Article 3 (2). technical requirements laid down in Articles 6 and 7 and in the Annex. This resolution shall be notified to the holders of the lines and published in the respective official journal.

3. Once the modifications of the power lines specified in paragraph 2 have been completed, the competent authority of the autonomous community may carry out an update of the resolution.

Article 6. Prevention measures against electrocution.

In high-voltage power lines of 2 and 3. a category having or being constructed with naked conductors, unless in cases (c) and (d) they have crutches or supports of insulating material or have been fitted with a deterrent The following requirements shall apply:

A posada whose effectiveness is recognised by the competent authority of the autonomous community:

a) The lines must be constructed with chains of suspended insulators, avoiding in the alignment supports the arrangement of the same in a rigid position.

(b) Support with bridges, dryers, fuses, distribution transformers, shunt, anchorage, mooring, special, angle, end of line, shall be designed in such a way as to avoid exceeding the crutches in tension or non-auxiliary semicruettes of the supports. In any case, the isolation of the bonding bridges between the elements in tension shall be carried out.

(c) In the case of the Canadian armed and three-bolted (flat or flat), the distance between the lower half-wheel and the upper conductor shall not be less than 1,5 m.

d) For crutches or vault type, the distance between the head of the shaft and the central conductor shall not be less than 0,88 m, or the central driver shall be isolated 1 m at each side of the coupling point.

e) The different armed groups must meet minimum security distances "d", as set out in the table set out in the Annex. The elongation at the mooring chains shall be designed to prevent birds from being posed. In the case of a finding by the competent authority of the autonomous community that the lengthening and mooring chains are used by the birds to be posed or electrocutions are produced, the measure of this safety distance shall not include the said safety distance. elongation.

(f) In the case of crutches other than those specified in the table of crutches in paragraph e), the minimum security distance "d" applicable shall be that which corresponds to the crucette more than the size of the crucettes presented in that table.

Article 7. Prevention measures against collision.

In high-voltage power lines with newly constructed naked conductors, the following bird collision prevention measures will be applied:

(a) New electrical power lines shall be provided with visual salvos or visual signals when determined by the competent authority of the autonomous community.

b) The visual saves or senalizers must be placed on the ground wires. If the latter do not exist, on the lines where only one driver is per phase, they shall be placed directly on those conductors which have a diameter of less than 20 mm. The caveats or senalizers shall be of opaque materials and shall be arranged every 10 metres (if the ground wire is unique) or alternately, every 20 metres (if two parallel earth cables or, where applicable, on the conductors). The signalling in conductors shall be carried out in such a way as to generate a visual effect equivalent to a signal every 10 metres, for which each driver shall have an alternate form and a maximum distance of 20 metres between adjacent signals in a same driver. In those more dangerous sections due to the presence of fog or limited visibility, the competent authority of the autonomous community may reduce the above distances.

The saves or senalizers will be the following minimum size:

Spirals: With 30 cm diameter × 1 meter in length.

Of 2 strips in X: 5 × 35 cm.

Other type of senalizers may be used, provided that they effectively avoid the collision of birds, in the judgment of the competent authority of the autonomous community.

Only the placement of save on the ground wire can be dispensed with when the diameter of its own, or in conjunction with an optical fibre attached or similar cable, is not less than 20 mm.

Article 8. Content of the projects.

1. The projects for the construction, modification, extension or adaptation of the power lines included in Article 3, in addition to what is required by Royal Decree 223/2008 of 15 February 2008 approving the Regulation on conditions Safety techniques and guarantees on high voltage power lines and their complementary technical instructions ITC-LAT 01 to 09, shall specify and describe the specific measures to minimise electrocution and collision accidents. of the avifauna.

2. For the purposes of the above paragraph, such projects shall contain at least the following data:

a) Description of the layout and scale at least 1:25,000.

b) Types of supports and armed to install.

c) Characteristics of the isolation systems.

d) Description of the sectioning, transformation, and circuit breakers with weathering.

e) Features of the devices saved to install and the location of the devices, if any, as well as the anti-collision measures and anti-nesting measures on the lines.

Article 9. Maintenance of power lines.

1. During the period of nesting, breeding and breeding, the maintenance work of the parts of the electrical power lines supporting nests or in the vicinity of birds included in the List of Wild Species is prohibited. Special Protection Scheme, in accordance with Articles 53 and 54 of Law 42/2007, of 13 December, of Natural Heritage and Biodiversity.

2. Exceptionally, repairs will be authorized at the time of nesting, breeding and breeding, provided that it is necessary to correct breakdowns that disturb the normal supply of energy. These repairs must be carried out after the work programme has been notified to the competent authority of the autonomous community, which may require the adoption of specific measures to ensure that the implementation of the repairs does not involve risk to the avifauna. However, where urgent action is required to ensure the quality or continuity of the electricity supply, and the prior notification of the work programme referred to above could not be carried out, these repairs will be may carry out by minimising the impact on the avifauna which may exist and shall inform the competent authority of the autonomous community of the work carried out and of the measures taken to ensure the protection of the animals within a maximum of 72 hours the avifauna.

Article 10. Sanctioning regime.

The violations committed against the provisions of this royal decree will be subject to the sanctioning regime established in Title X of Law 54/1997, of 27 November, of the Electrical Sector, as well as in the regulations environmental which, if applicable, results from application.

Single additional disposition. Investment plan for the adaptation of power lines.

To achieve the fulfillment of the aims pursued by this royal decree, the government, through the Ministry of the Environment, and the Rural and Marine Environment, will enable the mechanisms and budgets needed to undertake the total financing of the adaptations referred to in the single transitional provision, paragraph 2, within a period not exceeding five years after the entry into force of this royal decree. The implementation of the adaptations shall in no case exceed two years from the approval of the relevant funding.

Single transient arrangement. Adaptation of high voltage overhead power lines.

1. The holders of the lines, whose project is submitted and pending approval or whose project has been approved but whose entry into service has not been extended at the moment of entry into force of the royal decree, must adapt it to the technical prescriptions set out in this royal decree. Such adaptation shall be communicated to the body responsible for authorising the project within three months of the date of entry into force of this royal decree. The above is without prejudice to the validity of the actions already taken.

2. The holders of the high voltage overhead power lines referred to in Article 3.2 shall submit to the competent authority and within one year of the notification of the decision of the autonomous community referred to in paragraph 1. Article 5.2, the relevant project to adapt them to the technical requirements set out in Article 6 and in the Annex, with the option of technically feasible solutions ensuring the minimum possible condition for continuity of the supply. The implementation of the project will depend on the availability of the financing provided for in the Investment Plan of the single additional provision.

3. The autonomous communities shall, within one year of the date of publication of the protection zones, carry out an inventory of the already existing high voltage overhead power lines causing a significant and contrasting collision mortality, of birds included in the List of wild species under special protection, particularly those included in the Spanish Catalogue of Threatened Species. Once this inventory has been reported by the State Commission for Natural Heritage and Biodiversity, the holders of these lines will be notified, who will be able to avail themselves, for their voluntary modification, to the financing provided for in the provision Single additional, taking into account the technical requirements set out in Article 7 in the field of collision protection.

Single repeal provision. Regulatory repeal.

Royal Decree 263/2008 of 22 February 2008 is repealed, establishing technical measures in high-voltage power lines in order to protect the avifauna.

Final disposition first. Competitive titles.

This royal decree has the nature of basic legislation in accordance with the provisions of Article 149.1.13., 23. and 25. of the Constitution.

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 Palma de Mallorca, on August 29, 2008.

JOHN CARLOS R.

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

MARIA TERESA FERNANDEZ DE LA VEGA SANZ

ANNEX