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Royal Decree 1424 / 2008 Of 14 August, Which Determine The Composition And Functions Of The State Commission For The Natural Heritage And Biodiversity, Dictate The Rules Governing Their Operation And The Committees Are Set Is...

Original Language Title: Real Decreto 1424/2008, de 14 de agosto, por el que se determinan la composición y las funciones de la Comisión Estatal para el Patrimonio Natural y la Biodiversidad, se dictan las normas que regulan su funcionamiento y se establecen los comités es...

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TEXT

Law 42/2007, of December 13, of Natural Heritage and Biodiversity establishes the basic legal regime for conservation, sustainable use, improvement and restoration of natural heritage and biodiversity, as part of the the duty to maintain and the right to enjoy a suitable environment for the development of the person, as laid down in Article 45.2 of the Constitution.

This law provides in Article 7.1 that public administrations will cooperate and collaborate on the conservation of natural heritage and biodiversity, and provide each other with information to ensure the Compliance with its objectives. To achieve this objective, the State Commission for Natural Heritage and Biodiversity, whose composition and operation must be determined, is created in Article 7.2.

Legally configured as a consultative and cooperative body, the Commission should be a meeting place and a forum for discussion of all those issues which, having regard to the protection, restoration and improvement of the natural resources and affecting different areas of competence, require coordination to ensure, not only more effective administrative management, but also effective compliance with the principle of solidarity which, by imperative constitutional, must preside over the entire decision-making process in this field.

Law 42/2007, of December 13, provides for the fourth provision. 1 that the State Commission assumes the functions of the National Commission for the Protection of Nature, which was created under the provisions of Law 4/1989, of 27 March, of Conservation of Natural Spaces and of Wild Fauna and Flora, and was regulated by Royal Decree 2488/1994 of 23 December, determining the functions of the National Commission for the Protection of Nature, the rules governing its operation are dictated and the specialized committees are established attached to it.

In the process of this project, the autonomous communities and the cities of Ceuta and Melilla have been consulted.

In its virtue, with the prior approval of the Minister of Public Administration, on the proposal of the Minister of the Environment, and the Rural and Marine Environment and after deliberation of the Council of Ministers, at their meeting on August 14 of 2008,

D I S P O N G O:

Article 1. Object.

In compliance with the provisions of Article 7 of Law 42/2007, of 13 December, of Natural Heritage and Biodiversity, this royal decree aims to determine the composition and functions of the State Commission. for Natural Heritage and Biodiversity, as a consultative and cooperative body between the General Administration of the State and the Autonomous Communities and Cities of Ceuta and Melilla and establish the rules governing its operation.

Article 2. Functions.

The functions of the State Commission for Natural Heritage and Biodiversity are as follows:

A. General character functions.

1. Promote cooperation between the General Administration of the State and the Autonomous Communities and Cities of Ceuta and Melilla for the elaboration of standards, plans and programs, and the implementation of actions for the protection, conservation, and restoration of and improvement of natural heritage and biodiversity, including forest policy.

2. Promote cooperation between the General Administration of the State and the Autonomous Communities and Cities of Ceuta and Melilla for the elaboration and updating of the Spanish Inventory of Natural Heritage and Biodiversity and the System of Indicators designed to synthesously express their results.

3. Prepare the Spanish participation in international organizations, conferences and meetings related to the conservation of natural heritage and biodiversity and contribute to the fulfilment of the obligations arising from them.

4. Contribute to the development of international programs related to the conservation of natural heritage and biodiversity arising from agreements and agreements in which Spain is a party.

5. Examine the proposals submitted to them by their specialized committees.

6. Propose the creation, modification and deletion of the specialized committees that it deems necessary for the development of its functions.

7. Approve their own operating rules.

B. Specific functions attributed by different articles of Law 42/2007, of December 13.

8. To know, before its publication, the annual report on the state of the natural heritage and biodiversity produced by the Ministry of Environment and Rural and Marine Environment. (Article 11).

9. Participate in the elaboration of the State Strategic Plan of Natural Heritage and Biodiversity and raise it for approval to the Sectoral Environmental Conference. (Article 13.1).

10. Propose to the Ministry of the Environment, and the Rural and Marine Environment the inclusion or exclusion of habitats in the Spanish Catalogue of Habitats in Danger of Disappearance, whose conservation or, where appropriate, restoration requires specific measures of protection and conservation. (Article 24.2).

11. To propose to the Sectoral Conference of the Environment the strategies of conservation and restoration of the habitats in danger of disappearance. (Article 26).

12. Propose to the Ministry of the Environment, and Rural and Marine Environment the inclusion, change of category or exclusion of a taxon or population of the List of wild species under special protection. (Article 53.2).

13. Propose to the Ministry of the Environment the cataloging, uncataloguing or change of category of a taxon or population in the Spanish Catalogue of Threatened Species. (Article 55.2).

14. To propose to the Sectoral Conference of the Environment the strategies of conservation of threatened species. (Article 57).

15. Promote the development of breeding or propagation programs outside their natural habitat of species included in the Spanish Catalogue of Threatened Species, and agree on the designation and reference conditions of the respective conservation centers ex site. (Article 59)

16. Promote the existence of a network of banks of biological and genetic material. (Article 60).

17. To know the programs for the reintroduction of extinct taxa in the case of species susceptible to spread through the territory of several autonomous communities. (Article 52.4).

18. Establish the necessary mechanisms to ensure, in the case of exceptional authorisations granted under Article 58.1 (e) of Law 42/2007, that the national maximum level of catches is in line with the concept of 'small quantities'. (Article 58.2).

19. Propose to the Ministry of the Environment, and the Rural and Marine Environment the inclusion or exclusion of species in the Spanish Catalogue of Invasive Alien Species. (Article 61.2).

20. Propose to the Sectoral Conference of the Environment the strategies of management, control and possible eradication of invasive alien species. (Article 61.5).

21. To produce reports which may be used by the Autonomous Communities for the determination of temporary moratoriums or special prohibitions in relation to species which are the object of hunting or fishing, where there are reasons of biological or sanitary order that they advise. [Article 62.3 (d)].

C. Specific functions attributed by Law 43/2003, of 21 November, of Montes.

22. To attend the Sectoral Conference in coordination between the General Administration of the State and the Autonomous Communities for the preparation, study and development of the issues of Spanish forestry policy. (Article 10.1).

23. Propose to the Ministry of the Environment, and the Rural and Marine Environment the inclusion of statistical operations in the Spanish Forest Statistics. (Article 28.1).

24. Report the Spanish Forest Strategy and propose its review. (Article 29.2).

25. Report the Spanish Forest Plan and propose its revision. (Article 30.2).

26. To inform the common basic guidelines for the management and use of the mountains. (Article 32.2).

27. To propose common guidelines for the training, preparation and equipping of personnel and for the standardisation of material means in the fight against forest fires. (Article 46.1)

Article 3. Composition.

The State Commission for Natural Heritage and Biodiversity will be composed of a representative of the Ministry of Foreign Affairs and Cooperation, a representative of each autonomous community and the cities of Ceuta and Melilla, and the Director General of Natural Environment and Forestry Policy, Ministry of Environment, and Rural and Marine Environment, who will exercise his presidency.

Article 4. Secretariat of the Commission.

The Secretariat of the Commission shall be performed by an official of the Directorate-General for Natural Environment and Forestry Policy.

Article 5. Specialised committees.

1. Attached to the State Commission for Natural Heritage and Biodiversity, the following specialized committees will work:

a) Committee on Protected Natural Spaces, which will aim to promote cooperation between the organs of representation and management of the different protected natural spaces.

b) Wetlands Committee, which will coordinate the conservation actions of these ecosystems.

c) Committee on Wild Fauna and Flora, which will coordinate all actions in this field, and in particular those resulting from compliance with international conventions and Community legislation.

d) Spanish Forestry Committee which will be responsible for the preparation and study of the issues of Spanish forestry policy.

e) Committee for the Improvement and Conservation of Forest Genetic Resources, which will be aimed at carrying out the necessary coordination for the development, implementation and monitoring of the production and marketing of materials forest of reproduction.

(f) Committee to Combat Forest Fires, which shall treat the coordination of the means of aid, communication and air in the operations of prevention against such fires and the extinction thereof, without prejudice to the powers that correspond to the autonomous communities and those of the cities of Ceuta and Melilla.

2. The specialised committees shall technically analyse and raise to the State Commission proposals for agreement on the matters which they are thematically responsible for or specifically assigned to them.

3. Each of the specialised committees shall be composed of a representative of each Autonomous Community and of the Cities of Ceuta and Melilla, and a representative of the Ministry of the Environment, and the Rural and Marine Environment, appointed by the Director General of Natural Environment and Forestry Policy, which will exercise its Presidency. The Plants and Wildlife Committee shall also be a representative of the Ministry of Foreign Affairs and Cooperation, a representative of the General Secretariat for Foreign Trade, of the Ministry of Industry, Tourism and Trade and of the Committee of the European for the improvement and conservation of forest genetic resources, a representative of the Ministry of Science and Innovation and the Committee to Combat Forest Fires, a representative of the Directorate General for Civil Protection and Emergencies.

4. The Secretariat of the Specialized Committees shall be performed by an official of the Ministry of Environment and Rural and Marine Affairs, appointed by the Director General of Natural Environment and Forestry Policy.

Article 6. Operating system.

1. The State Commission for Natural Heritage and Biodiversity shall establish its own rules of operation, in which the arrangements for the adoption of agreements shall be determined.

2. Without prejudice to the peculiarities provided for in this royal decree, both the Commission and the specialised committees attached to it shall comply with the provisions of Chapter II of Title II of Law No 30/1992 of 26 November 1992. of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

3. The State Commission for Natural Heritage and Biodiversity will meet, at least, once a year.

4. The President shall convene the meetings of the Commission and shall set the agenda, on his own initiative or at the request of at least half of the members. The convening of meetings shall be held at least 15 days in advance of the date of its conclusion, which may be reduced, in the case of urgency, to the President's judgment.

5. Where the subject-matter of the meeting so requires, the President shall, after consulting the members of the Commission, convene experts to assist him in matters falling within his competence.

6. The State Commission for Natural Heritage and Biodiversity may collect from the organs of the Public Administrations and the entities governed by public law linked to or dependent on them, how much data and reports it deems necessary for the best development of their functions.

Single additional disposition. Economic regime.

The constitution and functioning of the collegiate bodies regulated in this royal decree will not entail any increase in public expenditure and will be addressed with the personal and material resources existing in the Ministry of the Environment. Environment, and Rural and Marine Environment.

Single repeal provision. Regulatory repeal.

The Royal Decree 2488/1994, of 23 December, which determines the functions of the National Commission for the Protection of Nature, is repealed, the rules governing its operation are dictated and the Committees are established. specialized services to the same.

Single end disposition. 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 14, 2008.

JOHN CARLOS R.

The Minister for the Environment, and the Rural and Marine Environment,

ELENA ESPINOSA MANGANA