Article 6 of Royal Decree 1997/1995, of 7 December, entrusts the autonomous communities to fix the conservation measures necessary to prevent the deterioration of natural habitats and species in the areas declared as special conservation zones. To that end, paragraph 3 of that Article provides that any plan or project likely to have an appreciable effect on the areas referred to above shall be subject to an appropriate assessment of their impact, which shall be carried out in accordance with the State rules of a basic nature and the additional protection provisions laid down by the autonomous communities which are applicable. Paragraph 4 states that if, in spite of the negative findings of the assessment, a plan or project is to be carried out for overriding reasons of public interest, the competent public authorities shall take all appropriate measures. Compensatory measures are necessary to ensure the overall coherence of the European Ecological Network Natura 2000. Where appropriate, the autonomous communities shall inform the Ministry of Agriculture, Fisheries and Food (currently the Ministry of the Environment) of the compensatory measures they have taken and shall inform the Ministry of Agriculture. European Commission. On the other hand, the additional provision, fourth, of Royal Decree-Law 1302/1986 of 28 June, of environmental impact assessment, which was added by Law 62/2003 of 30 December, determined the inclusion in the procedure provided for in the the actual legislative decree of the assessment referred to in Article 6 of Royal Decree 1997/1995. The same additional provision fourth attributed to the Ministry of the Environment the competence to adopt the above mentioned compensatory measures in the case of plans and projects authorized by the General Administration of the State. Such competence should be exercised after non-binding consultation with the Autonomous Community where the project will be located. Finally, it should be recalled that Article 16 of Law 9/2006 of 28 April on the assessment of the effects of certain plans and programmes on the environment gives the Ministry of the Environment the character of the environmental organ of the plans. and programs promoted by the General Administration of the State. By virtue of all of the above, as well as the ratings contained in the final provision of Royal Decree 1302/1986 of 28 June 1986, and the fourth final provision of Law 9/2006 of 28 April, this royal decree has the To amend the Royal Decree 1997/1995, to develop the procedure for the adoption of compensatory measures and the solution of discrepancies with regard to the environmental assessment of plans, programmes and projects approved by the General Administration of the State, specifying, in addition, the competence of the Autonomous Communities in respect of the assessment of the impact on the other cases, in order to clarify as far as possible the competence issue in this field and to address any possible doubts. In its virtue, on the proposal of the Minister for the Environment, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 1 December 2006,

D I S P O N G O:

Single item. Amendment of Article 6 of Royal Decree 1997/1995 of 7 December 1995 laying down measures to help ensure biodiversity through the conservation of natural habitats and of wild flora and fauna.

One. Article 6 (4) of Royal Decree 1997/1995 of 7 December 1995 laying down measures to help ensure biodiversity through the conservation of natural habitats and of wild flora and fauna will remain in place. redacted as follows:

" 4. If, in spite of the negative conclusions of the impact assessment on the site and in the absence of alternative solutions, a plan, programme or project should be carried out for overriding reasons of public interest, including Social or economic reasons, the competent public authorities shall take all the necessary compensatory measures to ensure that the overall coherence of the Natura 2000 network is protected.

The adoption of the compensatory measures will be carried out, where appropriate, during the environmental assessment procedure of plans and programmes and environmental impact assessment of projects, according to the (a) the rules applicable. In the case of plans, programmes and projects approved by the General Administration of the State and subject to environmental impact assessment, the compensatory measures will be fixed by the Ministry of the Environment. For the definition of such measures, the authority of the Autonomous Community competent for the management of the Natura 2000 Network space affected by the plan, programme or project shall be specifically consulted. The time limit for the issue of such a report shall be 30 days. In the event of discrepancies in the compensatory measures, the Ministry of the Environment will constitute a working group with representatives of that department and the autonomous community affected to define, by common agreement and within the maximum of 30 days, the compensatory measures to be incorporated into the plan, programme or project. If the disagreement persists, the Ministry of the Environment will determine the compensatory measures taking into consideration the opinion of the Autonomous Community. In the other cases, the Autonomous Communities shall be responsible for assessing the impact on the European ecological network Natura 2000. "

Two. A new paragraph 5 is introduced in Article 6 of Royal Decree 1997/1995 of 7 December 1995 laying down measures to help ensure biodiversity through the conservation of natural habitats and flora and fauna. wild, which will have the following wording:

" 5. Where the site is considered to be a type of natural habitat and/or a priority species, considerations relating to human health and public safety, or to positive consequences of primary safety, may be invoked only. importance for the environment, or other overriding reasons of public interest in the first order. In the latter case, the European Commission will have to be consulted in advance through the appropriate channel.

From the moment when a place is on the list of sites of Community importance, it will be subject to the provisions of paragraphs 2, 3 and 4 of this article. It shall also apply to areas of special protection for birds, which are declared, where appropriate, by the autonomous communities concerned, pursuant to Article 4 of Directive 79 /409/EEC, as laid down in paragraphs 2, 3 and 4 of this Directive. the same article. "

Three. A new paragraph 6 is introduced in Article 6 of Royal Decree 1997/1995 of 7 December 1995 laying down measures to help ensure biodiversity through the conservation of natural habitats and flora and fauna. wild, which will have the following wording:

" 6. The autonomous communities, within the scope of their powers, shall inform the Ministry of the Environment of the compensatory measures they have taken and shall inform the European Commission, through the appropriate channel. "

Single transient arrangement. Implementation of the current procedures.

The provisions of this royal decree will apply only to the procedures that will be initiated as soon as they enter into force.

Final disposition first. Competence title.

This royal decree is dictated by the powers conferred on the State by Article 149.1.23. of the Constitution, in the field of basic legislation on the protection of the environment.

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, 1 December 2006.

JOHN CARLOS R.

The Minister of the Environment, CRISTINA NARBONA RUIZ