JOHN CARLOS I
KING OF SPAIN
To all who present it and understand it.
Sabed: That the General Courts have approved and I come to sanction the following Law.
Article 45 of the Constitution configures the environment as a legal asset for which all citizens are entitled and whose conservation is an obligation shared by the public authorities and society in their own right. set. Everyone has the right to require the public authorities to take the necessary measures to ensure adequate protection of the environment, to enjoy the right to live in a healthy environment. It imposes on all the obligation to preserve and respect the same environment. For citizens, individually or collectively, to be able to participate in this task of protection in a real and effective way, it is necessary to have the appropriate instrumental means, with the participation in the public decision-making process. Since the participation, which in general enshrines Article 9.2 of the Constitution, and for the administrative field Article 105, guarantees the democratic functioning of the societies and introduces greater transparency in the management of the public affairs.
The legal definition of this participation and its implementation through legal tools that make it really effective are currently one of the areas in which the greatest intensity has progressed. International environmental law and, by extension, Community law and the law of the Member States of the European Union. In this respect, the United Nations Economic Commission for Europe Convention on Access to Information, the participation of the public in decision-making and access to justice in the field of environmental protection should be highlighted. Aarhus on 25 June 1998. Known as Aarhus Convention, part of the following postulate: for citizens to enjoy the right to a healthy environment and to fulfil the duty to respect and protect it, they must have access to environmental information They must be legitimate to participate in the decision-making processes of an environmental nature and must have access to justice when such rights are denied to them. These rights are the three pillars on which the Aarhus Convention is based:
-The pillar of access to environmental information plays an essential role in the environmental awareness and education of society, constituting an indispensable instrument to be able to intervene with knowledge of public affairs. It is divided into two parts: the right to seek and obtain information that is held by public authorities, and the right to receive environmentally relevant information from public authorities, which must be collected and made public without need to measure a previous request.
-The pillar of public participation in the decision-making process, which extends to three areas of public action: the authorisation of certain activities, the approval of plans and programmes and the development of provisions of general character of legal or regulatory status.
-The third and final pillar of the Aarhus Convention is constituted by the right of access to justice and aims to ensure citizens ' access to the courts to review decisions that potentially have It is possible to violate the rights that the Convention itself recognizes in the field of environmental democracy. It is thus intended to ensure and strengthen, through the guarantee of judicial protection, the effectiveness of the rights which the Aarhus Convention recognises to all and, therefore, the implementation of the Convention itself. Finally, a provision is introduced which would enable the public to initiate administrative or judicial proceedings in order to challenge any action or omission attributable, either to another individual or to a public authority, constituting a violation of national environmental legislation.
Spain ratified the Aarhus Convention in December 2004, entering into force on 31 March 2005. The European Union itself, like all the Member States, has also signed this Convention, although it has conditioned its ratification on the prior adaptation of Community law to the stipulations contained in that Convention, which has already been produced: in fact, the legislative task undertaken by the European Union has resulted in a draft Community Regulation regulating the application of the Convention to the functioning of the Community institutions, and two Directives of which obligations are incorporated in a harmonised manner for the Union as a whole for the pillars of access to information and participation in environmental matters. This is Directive 2003 /4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90 /313/EEC and Directive 2003 /35/EC of the European Parliament and of the Council on the Parliament and the Council of 26 May 2003 laying down measures for the participation of the public in certain plans and programmes relating to the environment and amending, as regards the public participation and access to justice, Directives 85 /337/EEC and 96 /61/EC. Consequently, the purpose of this Law is to define a legal framework which at the same time responds to the commitments undertaken with the ratification of the Convention and carries out the transposition of those Directives into national law.
The Law is structured in four Titles. The first deals with the general provisions, identifying as the object of the rule the recognition of the rights of access to information, participation and access to justice, rights which, in order to facilitate their exercise, appear systematically cataloged regardless of whether their specific regulation is included in this Law or in the sectoral legislation. In this first Title, the definitions necessary for the better understanding and application of the Law are also collected. It highlights the legal distinction between the concepts of "public" in general, referring to the whole of the citizens and their associations and groups, and the "person concerned", which reinforces the same concept already included in the legislation (i) administrative procedures for the allocation of this condition, in any case, to those non-profit-making legal persons engaged in the protection and protection of the environment and who demonstrate compliance with minimum requirements, which are intended to be rigorous action in this field.
Title II contains the specific regulation of the right of access to environmental information, in its dual facet of active and passive supply of information. In the first aspect, the Public Administrations are obliged to inform the citizens of the rights granted to them by the Law and to assist them in the search for information, while the obligation to draw up lists of public authorities with environmental information, which must be publicly accessible in order to enable citizens to locate the information they need most easily. The type of information to be disseminated is considerably extended, identifying minimum requirements for compliance in line with its importance and urgency. In addition, in order to prevent and prevent damage in the event of an imminent threat to human health or the environment, information should be disseminated to enable the necessary measures to be taken to mitigate or prevent damage. As regards the second aspect, the Law seeks to overcome some of the difficulties identified in the previous practice, in such a way that the obligation to supply the information does not derive from the exercise of substantive competition but from the fact that the information requested on the authority of the authority to which the application has been addressed, or of that of another subject on its behalf. The period of defence shall be reduced to one month and may be extended only if the volume and complexity of the information so warrant. Also the regulation of exceptions to the obligation to provide environmental information is a significant step forward, since the refusal does not operate automatically, but the public authority must in each case weigh the public interest. in the presence, and to justify the refusal to supply the requested information. And, in any case, the grounds for exception should be interpreted in a restrictive manner.
Title III of the Law deals with the right to public participation in matters of an environmental nature in relation to the elaboration, revision or modification of certain plans, programs and general provisions. Regulation of the other forms of participation provided for in the Convention and in Community legislation (administrative procedures to be dealt with for the granting of integrated environmental authorisations, to assess the impact In order to carry out the strategic environmental assessment of certain plans and programmes or to develop and approve the plans and programmes provided for in the water legislation, it is different from the sectoral legislation. corresponding. This Title closes with an article through which the functions and composition of the Environmental Advisory Board are regulated.
Being an area of shared competence with the Autonomous Communities, the Law does not regulate any procedure, but merely establishes the general duty to promote the real and effective participation of the public. Public administrations which, in establishing and dealing with the relevant procedures, will have to ensure compliance with a number of guarantees recognised both by Community legislation and by the Aarhus Convention, which the Law enunciates as the reporting principles of public action in this field: to make publicly available accessible information relevant to the plan, programme or regulatory provision; to inform the right to participate and the way in which they can do so; to recognise the right to comment and comment in the initial stages of the the procedure in which all the options for the decision to be taken are still open; justify the decision finally adopted and the way in which the participation procedure has been developed. In both cases, it shall be for each Administration to determine which members of the public have the status of a person concerned and may therefore participate in such proceedings. The Law provides that it is understood that, in any event, such a condition is the non-profit legal person who is engaged in the protection of the environment and complies with the other requirements laid down by the Law in his article 23. These guarantees for participation shall apply, as provided for in Article 17, in relation to those plans and programmes provided for in Directive 2003 /35/EC. With regard to the procedures for drawing up regulatory provisions, Article 18 incorporates an open list listing the areas in which the principles and guarantees to be applied must be observed in respect of participation. establishes the Law. However, rules which have the sole purpose of national defence or civil protection are excluded, which are intended solely for the approval of plans and programmes and those involving non-substantial amendments to the rules already laid down. existing.
Title IV and last of the Law deals with access to justice and administrative guardianship and aims to ensure and strengthen, through the guarantee of judicial and administrative protection, the effectiveness of the rights of information and participation. Thus, Article 20 recognises the right to appeal on administrative or administrative grounds for any act or omission attributable to a public authority which would infringe these rights. These resources are governed by the general scheme; however, Article 21 regulates a specific type of claim for infringements committed by private individuals subject to the Law on the duties of providing environmental information. In addition, the Law incorporates the provision of Article 9.3 of the Aarhus Convention and introduces a kind of popular action whose exercise is for non-profit-making legal persons engaged in environmental protection, who would have been legally constituted at least two years prior to the exercise of the action and are active in the territorial area affected by the contested act or omission. In this way, legal legitimacy is definitively established to protect a diffuse interest such as the protection of the environment in favor of those organizations whose social object is, precisely, the protection of natural resources.
Within the final part, the modifications operated, respectively, in the Royal Legislative Decree 1302/1986, of 28 June, of Evaluation of Environmental Impact, and in Law 16/2002, of July 1, on Prevention and Integrated Control of Pollution. Both bring cause of Directive 2003/35, the transposition of which is dealt with by the first and second provisions of the Law in order to bring both rules into line with the rules on participation provided for in the Aarhus Convention and taken by the Community legislature through the said Directive.
Finally, the competing titles are collected in the final disposition third. Thus, this Law is, for the most part, dictated under Article 149.1.23. of the Constitution, although it is necessary to invoke Article 149.1.14. of the Constitution in relation to the rates and prices corresponding to the applicants of environmental information in the field of the General Administration of the State, Article 149.1.18, in respect of resources on administrative routes that may be filed for violation of the rights of information and participation recognized in the Law, and Article 149.1.6., as regards the popular action in the field of the environment.
Taking into account the distribution of powers in the field of the environment, and under the jurisdiction that Article 149.1.23. of the Constitution attributes to the State, the Law is limited to establishing those guarantees and principles which must be observed by all the public authorities before which they intend to exercise the rights of access to information, participation and access to justice in the field of the environment, without entering into the procedure for their exercise. In so far as rights are recognized that contribute to making rights effective, but also the duties, proclaimed in article 45 of the Constitution, constitute a decisive tool to strengthen the participation of society. civil society in the political process of decision-making, since the implementation of a sustainable development model depends, to a large extent, on the effective participation of civil society in the political decision-making process, so that during the debate account has been taken of the information and contributions which it has been able to make The person concerned and the final result are tangible and tangible environmental concerns and considerations.
This idea, expressly contained in the Rio de Janeiro Declaration on Environment and Development, whose principle number 10 states that the best way to manage environmental issues is to have the participation of all citizens find their reason for being last in the need to move towards the transformation of the development model, based on democratic approaches that postulate the active, real and effective participation of civil society as a single (i) by way of legitimising the decisions to be taken and, secondly, by place, ensure their success and effectiveness in the field of practice.
Article 1. Object of the Law.
1. This Law is intended to regulate the following rights:
(a) Access to the environmental information held by the public authorities or other subjects held by the public authorities on their behalf.
b) To participate in the procedures for decision-making on matters that directly or indirectly affect the environment, and whose elaboration or approval corresponds to the Public Administrations.
c) To urge the administrative and judicial review of acts and omissions attributable to any of the public authorities that assume violations of environmental legislation
2. This law also guarantees the dissemination and making available to the public of environmental information, in a gradual manner and with the degree of amplitude, systematic and technology as wide as possible.
Article 2. Definitions.
For the purposes of this Law:
1. Public: any natural or legal person, as well as their associations, organisations and groups constituted in accordance with the rules applicable to them.
(a) Any natural or legal person in which any of the circumstances provided for in Article 31 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Procedure Common Administrative.
b) Non-profit legal persons who meet the requirements set out in Article 23 of this Law.
3. Environmental information: all information in written, visual, sound, electronic or in any other way to be seen on the following issues:
(a) The state of the environmental elements, such as air and air, water, soil, land, landscapes and natural spaces, including wetlands and marine and coastal areas, biological diversity and their components, including genetically modified organisms; and the interaction between these elements.
b) Factors such as substances, energy, noise, radiation or waste, including radioactive waste, emissions, discharges and other releases into the environment, affecting or likely to affect the elements of the environment environment referred to in point (a).
(c) Measures, including administrative measures, such as policies, rules, plans, programmes, environmental agreements and activities affecting or likely to affect the elements and factors referred to in points (a) and (b) as well as the activities or measures intended to protect these elements.
d) Reports on the implementation of environmental legislation.
e) The analyses of the cost-benefit ratio and other economic analyses and assumptions used in the decision-making concerning the measures and activities referred to in point (c), and
(f) The state of the health and safety of persons, including, where appropriate, contamination of the food chain, human living conditions, historical, cultural and artistic heritage, and constructions, when they are may be affected by the state of the elements of the environment referred to in point (a) or, through those elements, by any of the extremes referred to in points (b) and (c).
4. Public authorities:
1. They shall have the status of public authority for the purposes of this Law:
(a) The Government of the Nation and the governing bodies of the Autonomous Communities.
(b) The General Administration of the State, the Administrations of the Autonomous Communities, the Entities that make up the local government and the Public Law Entities that are dependent or are related to the State, to the Autonomous Communities or local entities.
c) Public advisory bodies.
(d) Corporations governed by public law and other natural or legal persons when exercising, in accordance with current legislation, public functions, including Notaries and Registrar of Property, Mercantile and Property Furniture.
2. They shall have the status of a public authority, for the purposes of Titles I and II of this Law, natural or legal persons when they assume public responsibilities, perform public functions or provide public services. related to the environment under the authority of any of the entities, bodies or institutions provided for in the previous paragraph.
3. Institutions, bodies or institutions shall be excluded from the concept of public authority when acting in the exercise of legislative or judicial functions. In any case, when they act in the exercise of legislative or judicial functions, the General Courts, the Legislative Assemblies of the Autonomous Communities, the Constitutional Court, are excluded from the scope of this Law. courts and tribunals of the judiciary, the Court of Auditors or external audit bodies of the Autonomous Communities.
5. Information held by the public authorities: environmental information that the authorities have and have been received or developed by them.
6. Information held on behalf of public authorities: environmental information which is physically held by a legal or natural person on behalf of a public authority.
7. Applicant: any natural or legal person, as well as their associations, organisations and groups, requesting environmental information, sufficient requirement to acquire, for the purposes of Title II, the condition of the person concerned.
Article 3. Environmental rights.
order to make the right to a suitable environment effective for the development of the person and the duty to preserve it, everyone will be able to exercise the following rights in their relations with the public authorities, according to provided for in this Law and with the provisions of Article 7 of the Civil Code:
1) Regarding access to information:
(a) Access to the environmental information held by the public authorities or other subjects on their behalf, without being obliged to declare a particular interest, whatever their nationality, address or headquarters.
b) To be informed of the rights granted to you by this law and to be advised for their correct exercise.
c) To be assisted in your search for information.
d) To receive the information they request within the maximum time limits set out in Article 10.
e) To receive the environmental information requested in the form or format chosen, in the terms provided for in Article 11.
f) To know the reasons why they are not provided with the information, in whole or in part, and also those for which they are not provided with such information in the form or format requested.
g) To know the list of the fees and prices that, if any, are required for the receipt of the requested information, as well as the circumstances in which the payment can be demanded or dispensed.
2) In relation to public participation:
(a) to participate effectively and effectively in the elaboration, modification and review of those plans, programmes and general environmental provisions included in the scope of this Law.
b) To access in advance sufficient information regarding the related plans, programs and general provisions.
(c) to make representations and observations where all options are still open and before the decision on the said plans, programmes or general provisions is taken and are duly taken into account. account by the relevant Public Administration.
(d) the final result of the procedure in which it has participated and the reasons and considerations on which the decision has been taken, including information relating to the process of the process, is published. public participation.
e) To participate effectively and effectively, in accordance with the provisions of the applicable legislation, in the administrative procedures dealt with for the granting of the regulated authorizations in the legislation on prevention and integrated control of pollution, for the granting of regulated administrative titles in the legislation on genetically modified organisms, and for the emission of the environmental impact declarations regulated in the the legislation on environmental impact assessment, as well as in the planning processes provided for in the legislation on water and in the legislation on the assessment of the effects of plans and programmes on the environment.
3) In relation to access to justice and administrative protection:
(a) To use acts and omissions attributable to public authorities that contravene the rights that this Law recognizes in the field of information and public participation.
b) To exercise popular action to resort to acts and omissions attributable to public authorities that constitute violations of environmental legislation in the terms provided for in this Law.
4) Any other that recognizes the Constitution or the laws.
Article 4. Interadministrative collaboration.
Public Administrations will establish the most effective mechanisms for an effective exercise of the rights recognized in this Law. To this end, they will adjust their actions to the principles of mutual information, cooperation and collaboration.
Right of access to environmental information
Obligations of public authorities in the field of environmental information
Article 5. General obligations regarding environmental information.
1. Public administrations should carry out the following actions:
(a) Inform the public in an appropriate manner on the rights granted to them by this Law, as well as the ways to exercise such rights.
b) Provide information for the correct exercise, as well as advice and advice as far as possible.
c) Develop lists of public authorities in the light of the environmental information in their possession, which will be made publicly available. To this end, there shall be at least one unified list of public authorities for each Autonomous Community.
d) Ensure that your staff attend the public when you try to access environmental information.
e) Encourage the use of information and telecommunications technologies to facilitate access to information.
f) Ensure the principle of agility in the processing and resolution of requests for environmental information.
2. Public authorities shall ensure that, to the extent of their potential, the information collected by them or the collection on their behalf is up to date and is accurate and capable of comparison.
3. The public authorities shall take all necessary measures to make the exercise of the right of access to environmental information effective, including at least one of the following:
a) Designation of units responsible for environmental information.
b) Creating and maintaining the query media for the requested information.
c) Creation of records or lists of environmental information held by public authorities or information points, with clear indications on where such information can be found.
Dissemination by the public authorities of environmental information
Article 6. Specific obligations for the dissemination of environmental information.
1. Public authorities shall take appropriate measures to ensure the gradual dissemination of environmental information and its making available to the public in the broadest and most systematic way possible.
2. The public authorities shall organise and update the relevant environmental information for their functions in their possession or in that of another entity on their behalf with a view to their active and systematic dissemination to the public, in particular by means of information and telecommunications technologies provided that they are available to them.
3. The public authorities shall take the necessary measures to ensure that environmental information is made available in electronic databases easily accessible to the public through public telecommunications networks.
4. The obligations relating to the dissemination of environmental information by means of information and telecommunications technologies shall be understood to be fulfilled by creating links with electronic addresses through which they can be accessed. such information.
5. The General Administration of the State shall keep an update of a catalogue of rules and judicial decisions on key aspects of the Law and make it publicly accessible in the broadest and most systematic way possible.
Article 7. Minimum content of the broadcast information.
The information that is disseminated will be updated, if applicable, and include at least the following:
1. The texts of treaties, conventions and international agreements and Community, state, regional or local legislative texts on the environment or on the subject matter.
2. Policies, programmes and plans relating to the environment, as well as their environmental assessments where appropriate.
3. Reports on the progress made in implementing the elements listed in paragraphs 1 and 2 of this Article where they have been produced in electronic form or maintained in that format by the authorities public.
4. Reports on the state of the environment referred to in Article 8.
5. Data or summaries of data derived from the monitoring of activities affecting or likely to affect the environment.
6. Authorisations with a significant effect on the environment and agreements on the environment. Failing that, the reference to the place where the information can be requested or found in accordance with the provisions of Article 5.
7. Studies on the environmental impact and risk assessments relating to the elements of the environment referred to in Article 2.3.a. Failing that, a reference to the place where the information can be requested or found in accordance with the provisions of Article 5.
Article 8. Reports on the state of the environment.
The public administrations will produce and publish at least every year a report on the state of the environment and every four years a complete report. These reports shall be national and regional and, where appropriate, local and shall include data on the quality of the environment and the pressures on the environment, as well as a non-technical summary which is understandable to the public.
Article 9. Imminent threat to human health or the environment.
1. In the event of an imminent threat to human health or to the environment caused by human activities or natural causes, public authorities shall immediately and without delay disseminate all information held by the public authorities. public authorities or other subjects on their behalf, in such a way as to enable the public which may be affected to take the necessary measures to prevent or limit any damage that may arise from such a threat.
The information will be differentiated by sex when this is a significant factor for human health.
The above shall be without prejudice to any specific obligation to report arising out of current legislation.
2. In accordance with Article 13, the provisions of this Article shall not apply where national defence or public security reasons are present.
Access to environmental information upon request
Article 10. Requests for environmental information.
1. Requests for environmental information shall be addressed to the competent public authority to resolve them and shall be processed in accordance with the procedures to be established.
A competent public authority shall be understood to resolve an application for environmental information, in whose power the requested information is produced, directly or through other subjects that hold it on its behalf.
2. Such procedures shall at least comply with the following guarantees:
(a) Where an application for environmental information is formulated in an imprecise manner, the public authority shall ask the applicant to specify it and assist it in order to make its request for information specified as soon as possible and, at the latest, before the expiry of the period laid down in paragraph 2.c) .1.
(b) Where the public authority does not have the information required, it shall forward the application to the authority which it owns and shall give the applicant account.
Where this is not possible, you must inform the applicant directly about the public authority to which, according to your knowledge, you must contact to request such information.
(c) The competent public authority to resolve shall provide the requested environmental information or inform the applicant of the reasons for the refusal to provide it, taking into account the timetable specified by the applicant, and, at the latest, within the time limits set out below:
1. No Within a maximum of one month from the receipt of the application in the register of the competent public authority to resolve it, as a general rule.
2. No Within two months from receipt of the application in the register of the competent public authority to resolve it, if the volume and complexity of the information are such that it is impossible to meet the deadline before indicated. In this case, the applicant shall be informed, within a maximum period of one month, of any enlargement of that month, as well as of the reasons for it.
In the event of a refusal to provide the information, the notification shall be in writing or electronically, if the request has been made in writing or if the author so requests. The notification shall also report on the appeal procedure provided for in accordance with Article 20.
Article 11. Form or format of the information.
1. Where the environmental information is requested to be supplied in a given form or format, the competent public authority to resolve shall satisfy the request unless any of the circumstances set out in the case are met. continuation:
(a) That the information has already been disseminated, in accordance with the provisions of Chapter I of this Title, in another form or format to which the applicant can easily access. In this case, the competent public authority shall inform the applicant of where it can access such information or it shall be referred to it in the format available.
b) That the public authority considers it reasonable to make available to the applicant the information in another form or format and to justify it appropriately.
2. To this end, the public authorities shall endeavour to preserve the environmental information in their possession, or other subjects on their behalf, in forms or formats of easy reproduction and access by means of computer telecommunications or other electronic means.
3. Where the public authority resolves not to provide the information, in part or in full, in the form or format requested, it shall inform the applicant of the reasons for such refusal within a maximum of one month from the receipt of the application in the registration of the competent public authority to resolve, making it known how or formats in which, where appropriate, the requested information could be provided and indicating the resources to be made against that refusal in the terms laid down in the Article 20.
Article 12. Method used in obtaining the information.
In response to requests for environmental information relating to the issues referred to in Article 2.3.b), the public authorities must inform, if so requested and provided that it is available, of the where information about the following ends can be found:
(a) The method of measurement, including the method of analysis, sampling and pre-treatment of samples, used to obtain such information, or
b) The reference to the standard procedure used.
Article 13. Exceptions to the obligation to provide environmental information.
1. Public authorities may refuse requests for environmental information when any of the following conditions are met:
(a) that the information requested from the public authority does not cover the power of the public authority or another entity on its behalf, without prejudice to the provisions of Article 10.2.b).
b) That the request is manifestly unreasonable.
(c) The application is made excessively general, taking into account the provisions of Article 10.2.a).
(d) The application relates to material in the course of preparation or to unfinished documents or data. The latter will be understood as those on which the public authority is actively working. If the refusal is based on this reason, the competent public authority shall mention in the refusal the authority which is preparing the material and inform the applicant of the time required to complete its preparation.
e) That the request relates to internal communications, taking into account the public interest served by the disclosure.
2. Requests for environmental information may be refused if the disclosure of the requested information may adversely affect any of the following:
(a) To the confidentiality of the procedures of the public authorities, where such confidentiality is provided for in a rule with a range of law.
b) To international relations, to national defense or to public security.
c) To causes or matters subject to judicial proceedings or pending before the courts, to the right of effective judicial protection or to the ability to conduct a criminal or disciplinary investigation. Where the case or case is subject to judicial proceedings or proceedings before the courts, it shall, in any event, be identified by the court or tribunal to which it is dealt.
(d) To the confidentiality of commercial and industrial data, where such confidentiality is provided for in a law with a range of law or in Community law, in order to protect legitimate economic interests, including the public interest in maintaining statistical confidentiality and fiscal secrecy.
e) To intellectual and industrial property rights. The cases in which the holder has consented to his disclosure are excepted.
f) The confidential nature of the personal data, as regulated in the Organic Law 15/1999, of December 13, of Protection of Personal Data, provided that the person concerned does not have consented to your treatment or disclosure.
g) To the interests or protection of a third party who has voluntarily provided the requested information without being obliged to do so by the legislation in force. The cases in which the person has consented to disclosure are excepted.
(h) The protection of the environment to which the information requested relates. In particular, the reference to the location of the threatened species or to that of their breeding sites.
3. The derogations provided for in the preceding paragraphs may be applied in relation to the dissemination obligations referred to in Chapter II of this Title.
4. The grounds for refusal referred to in this Article shall be interpreted in a restrictive manner. To this end, the public interest will be weighted in each specific case, with the disclosure of an information with the interest served with its refusal.
5. Public authorities shall in no case be covered by the grounds provided for in points (a), (d), (f), (g) and (h) of paragraph 2 of this Article in order to refuse a request for information relating to emissions in the environment.
6. Refusal to provide all or part of the requested information shall be notified to the applicant indicating the reasons for the refusal within the time limits referred to in Article 10.2.c.)
Article 14. Partial provision of information.
The requested environmental information held by the public authorities or another subject on its behalf shall be made partially available to the applicant where it is possible to separate from the text of the information requested the information referred to in Article 13 (1) (d), (1) and (2.
Public and private law revenue
Article 15. Revenue from public and private law.
1. The public authorities shall draw up, publish and make available to the applicants for environmental information the listing of the public and private charges and prices applicable to such applications, as well as the cases in which they are not Please pay some.
2. Access to any lists or public records created and maintained as referred to in Article 5 (1) (c) and (3) (c) shall be free of charge, as well as the on-site examination of the information requested.
Right of public participation in environmental matters
Article 16. Participation of the public in the preparation of certain plans, programmes and general provisions relating to the environment.
1. To promote a real and effective participation of the public in the elaboration, modification and revision of the plans, programmes and general provisions relating to the environment referred to in Articles 17 and 18 of the Law, Public Administrations, when establishing or processing the procedures that are applicable, shall ensure, in accordance with the provisions of paragraph 2 of this Article:
(a) The public shall be informed, through public notices or other appropriate means, such as electronic means, where available, of any proposals for plans, programmes or general provisions, or, where appropriate, of its modification or revision, and because the relevant information on such proposals is intelligible and made available to the public, including the right to participate in decision-making processes and to the public administration competent to which comments may be submitted or to make claims.
(b) The public has the right to express comments and opinions when all possibilities are open, before decisions are taken on the plan, programme or general arrangement.
(c) In taking such decisions, the results of public participation are duly taken into account.
(d) Once the comments and opinions expressed by the public have been examined, the public shall be informed of the decisions taken and of the grounds and considerations on which such decisions are based, including information on the process of public participation.
2. The competent public authorities shall determine, in sufficient time to enable them to participate effectively in the process, that members of the public have the status of a person concerned to participate in the proceedings. referred to in the previous paragraph. It is understood that they have that condition, in any case, the natural or legal persons referred to in Article 2.2 of this Law.
3. This article does not in any way replace any other provision that extends the rights recognized in this Law.
Article 17. Plans and programmes related to the environment.
1. Public administrations shall ensure that the guarantees on participation provided for in Article 16 of this Law are observed in relation to the elaboration, modification and revision of plans and programmes which deal with matters following:
b) Pies and accumulators.
d) Packaging and packaging waste.
e) Air quality.
(f) Those other matters to be established by the autonomic rules.
2. The participation of the public in water plans and programmes, as well as in those affected by the legislation on the assessment of the effects of plans and programmes on the environment, will be in line with the provisions of its legislation. specifies.
3. In any case, plans and programmes which have as their sole objective national defence or civil protection in cases of emergency are excluded from the scope of this Act.
Article 18. Standards relating to the environment.
1. Public administrations shall ensure that the guarantees on participation laid down in Article 16 of this Law are observed in relation to the drafting, amendment and revision of the general provisions which deal with the on the following subjects:
a) Water protection.
b) Noise protection.
c) Soil protection.
d) Air pollution.
e) Spatial and urban spatial planning and land use.
f) Nature conservation, biological diversity.
g) Forestry and forest exploitation.
h) Waste management.
i) Chemicals, including biocidal products and pesticides.
k) Other emissions, discharges and release of substances into the environment.
l) Environmental impact assessment.
m) Access to information, public participation in decision-making and access to justice in the field of the environment.
n) Those other matters to be established by the autonomic regulations.
2. Participation in the elaboration, modification and revision of the rules whose sole purpose is the prevention of occupational risks shall be in accordance with their specific rules.
3. The provisions of this Title shall not apply to:
(a) The administrative procedures for drawing up provisions of a general nature which aim to regulate matters relating exclusively to national defence, with public security, with protection In cases of emergency or with the rescue of human life at sea.
b) amendments to provisions of a general nature which are not substantial because of their organisational, procedural or similar nature, provided that they do not involve a reduction in measures to protect the environment; environment.
(c) Procedures for drawing up provisions of a general nature which are for the sole purpose of the approval of plans or programmes, which shall be in accordance with their specific rules.
Article 19. Environmental Advisory Board.
1. The Advisory Council on the Environment, which is attached for administrative purposes to the Ministry of the Environment, is a collegiate body which aims to involve and monitor general environmental policies. sustainable.
2. The Advisory Board is responsible for the following functions:
a) Issue report on bills and draft regulations with environmental impact and, in particular, on the issues to be covered by the condition of basic regulation.
b) To advise on the plans and programmes of the State-level that the Presidency of the Council is proposing in reason of the importance of its impact on the environment.
c) Issue reports and make proposals on environmental issues, on their own initiative or at the request of the ministerial departments that request the Council presidency.
The administrations of the Autonomous Communities and the entities that make up the local administration may also request the Presidency of the Council to issue reports on matters of its competence relating to the environment.
d) Propose measures that encourage the creation of employment linked to activities related to environmental protection, as well as citizen participation in the solution of environmental problems.
e) Propose environmental education measures that aim to inform, guide and sensitize the society of ecological and environmental values.
f) To propose measures that it deems appropriate for the best compliance with international agreements on the environment and sustainable development, assessing the effectiveness of the rules and programs in force and proposing, where appropriate, the appropriate amendments.
g) To promote coordination between public and private environmental initiatives.
h) Encourage collaboration with similar bodies created by the Autonomous Communities.
3. The Environment Advisory Board will be chaired by the Environment Minister and will be integrated by the following members:
(a) A person representing each of the non-governmental organisations whose object is the defence of the environment and sustainable development, as listed in the Annex.
b) A person representing each of the most representative trade union organizations, in accordance with the provisions of Articles 6 and 7 of the Organic Law 11/1985 of 2 August of Freedom of Association.
(c) Two persons representing the most representative business organisations, designated by them in proportion to their representativeness, in accordance with the provisions of the additional sixth provision of the recast text of the Workers ' Statute, approved by the Royal Legislative Decree 1/1995 of 24 March.
d) Two persons representing consumer and user organisations, appointed on the initiative of the Consumers and Users Council.
e) Three persons representing the most representative agricultural professional organizations at the state level.
f) A person representing the National Federation of Fishermen's Cofradias.
For each of the members of the Advisory Board an alternate will be appointed. He will act as an alternate for the President of the Environment Secretary. He will act as Secretary, with voice and no vote, an official from the Ministry of Environment.
4. The members of the Advisory Board and their alternates shall be appointed by the Minister for the Environment, on a proposal, as appropriate, of the entities and organisations referred to in paragraph 3. The appointment of the elected members of the Council and the alternates shall be for a period of two years, which may be renewed for equal periods.
Members of the Advisory Board shall cease on a proposal from the organizations or entities that proposed their appointment.
5. The Government will develop through Royal Decree the structure and functions of the Environmental Advisory Council.
Access to justice and administrative protection in environmental matters
Article 20. Resources.
The public that considers that an act or, where appropriate, an omission attributable to a public authority has infringed the rights granted to it by this Law in the field of information and public participation may bring the (a) the administrative procedure laid down in Title VII of Law 30/1992 of 26 November 1992 on the Legal Regime of the General Administration and the Common Administrative Procedure, and other applicable rules and, where appropriate, the administrative-administrative procedure laid down in Law 29/1998 of 13 July, regulator of the Jurisdiction Administrative-litigation.
Article 21. Claims and enforced execution.
1. The public that considers that an act or omission attributable to any person referred to in Article 2.4.2 has infringed the rights granted to it by this Law may directly bring a complaint to the Public Administration. under whose authority it exercises its activity. The competent authority shall issue and notify the relevant decision, which shall exhaust the administrative route and shall be directly enforceable within the time limit laid down by the autonomic rules or the additional provision, tenth, proceed.
2. In the event of non-compliance with the decision, the Public Administration shall require the person who is the subject of the complaint, either on its own initiative or at the request of the applicant, to comply with it on its own terms. If the requirement is neglected, the Public Administration may agree to the imposition of periodic penalty payments for the amount determined by the autonomic rules, or the additional provision tenth, as appropriate.
3. The amount of periodic penalty payments referred to in the preceding paragraph shall be calculated on the basis of the public interest of the claim exercised.
Article 22. Popular action on environmental issues.
The acts and, where appropriate, the omissions attributable to the public authorities which violate the environmental rules listed in Article 18.1 may be appealed against by any legal person without encouragement For a profit meeting the requirements laid down in Article 23 by means of the appeal procedures laid down in Title VII of Law No 30/1992 of 26 November 1992 on the Legal Regime of the General Administration and the Rules of Procedure Joint Administrative Board, as well as through the administrative-administrative action provided for in the Law 29/1998, July 13, regulatory of the Administrative-Administrative Jurisdiction.
The acts and omissions attributable to the public authorities listed in Article 2.4.2 are excepted.
Article 23. Legitimization.
1. They are entitled to exercise the popular action regulated in Article 22 by any non-profit legal persons who demonstrate compliance with the following requirements:
(a) The protection of the environment in general or of any of its elements in particular shall be among the purposes accredited in its statutes.
(b) that they have been legally constituted at least two years prior to the exercise of the action and that they are actively exercising the activities necessary to achieve the objectives laid down in their statutes.
c) That according to its statutes, they develop their activity in a territorial area that is affected by the performance, or in their case, administrative omission.
2. The non-profit legal persons referred to in the preceding paragraph shall be entitled to free legal assistance as provided for in Law 1/1996 of 10 January of Free Legal Assistance.
Additional disposition first. Fee for the provision of environmental information for the General Administration of the State and its Public Bodies.
1. The fee is created for the provision of environmental information that will be governed by this Law and by the other normative sources that are established for the fees in Article 9 of Law 8/1989, of April 13, of Public Fees and Prices.
2. It constitutes the taxable fact of the fee for the reproduction and submission of documents by the General Administration of the State or by its Public Bodies, in any material support, with environmental information available in documentary funds of the General government of the State, where the request for such activity is not voluntary or is not provided or carried out by the private sector.
The in situ examination of the requested information and access to any list or register created and maintained in accordance with the terms of Article 5.3.c) of this Law shall not be subject to the fee.
3. The fee shall be payable at the time of the request for the supply of the environmental information, which shall not be processed until such time as the credit which is payable has been credited.
Where at the time of the application the amount payable cannot be determined, a prior deposit shall be required which shall be of an estimated nature subject to the liquidation which is carried out, without prejudice to the return of the deposit constituted in the assumptions provided for in the following paragraph.
4. Refund of the amount of the levy or of the prior deposit constituted, where the taxable event is not carried out for reasons not attributable to the taxable person.
5. Taxable persons are the natural or legal persons as well as the entities referred to in Article 35.4 of Law 58/2003 of 17 December, General Tax, which request the supply of the environmental information that constitutes the taxable fact.
a) Subjective Exemptions.
Supplies of environmental information made between entities and bodies belonging to the General Administration of the State, as well as those made to entities and organs of other entities, shall be exempt from the payment of the fee. General government, except for the entities that make up the corporate administration.
b) Objective exemptions.
They will be exempt from the fee payment:
1. º Copies of less than 20 pages of DIN A4 format.
2. The sending of information by telematics.
a) Items of quantification of the rate amount are considered as follows:
1. The cost of the materials used as support for the information to be supplied.
2. The cost of sending the requested information.
(b) The establishment and modification of the amounts resulting from the application of the above quantification elements may be carried out by means of a Ministerial Order which shall be accompanied by an Economic and Financial Memory in the terms provided for in Article 20.1 of Law 8/1989, of 13 April, of Public Fees and Prices.
8. The payment of the fee shall be made by cash income in a deposit authorized by the Ministry of Economy and Finance, with the provisions of the General Tax Collection Regulation, approved by Royal Decree 939/2005, of 29 of July.
The management of the voluntary fee will be carried out by the bodies that determine the regulatory regulations that are in place in the development of this Law.
Additional provision second. Rate for provision of environmental information for Local Administration.
Local Entities will be able to establish charges for the provision of environmental information, which will be governed by the provisions of the Royal Legislative Decree of March 5, which approves the recast of the Law. Regulatory of Local Haciendas, and, as regards their taxable fact and assumptions of non-subjection and exemption, as provided for in the additional provision first of this Act. This is without prejudice to those of the financial regimes of the Historical Territories of the Basque Country and Navarre.
Additional provision third. Private prices.
1. Where the public authorities disclose environmental information on a commercial basis, a price may be collected in accordance with market values, provided that this is necessary to ensure the continuity of the collection and publication works of the such information.
2. Such prices may also be levied by entities or public bodies acting in accordance with rules of private law under the provisions of Article 2 (c) of Law 8/1989 of 13 April 1989 on Public Fees and Prices.
Additional provision fourth. Procedure applicable to the General Administration of the State.
The General Administration of the State may reserve the right to resolve requests for environmental information received by the public authorities referred to in Article 2.4.2 when such persons assume public responsibilities, exercise public functions or provide public services related to the environment under its authority.
Additional provision fifth. Plans and programs related to the environment of competition of the General Administration of the State.
The elaboration, modification and revision of the plans and programs provided for in Article 17 of this Law that fall within the competence of the General Administration of the State or its public bodies shall be subject to its processing. the procedure laid down in Law 9/2006 of 28 April on the assessment of the effects of certain plans and programmes on the environment.
Additional provision sixth. Interadministrative collaboration.
The Government, within the framework of the programs of the Ministry of Public Administration for the promotion of information and communication technologies, will propose, within six months, formulas for collaboration between administrations. to facilitate the implementation of the Law.
Additional provision seventh. Collaboration agreement for the constitution of digitised information points.
In order to comply with the environmental information obligations set out in this Law, the General Administration of the State will be able to promote the conclusion of collaboration agreements with the business sector and others. organizations to set digitized information points.
Additional disposition octave. Information on the application of the Law on access to environmental information.
Public Administrations shall develop and publish periodic statistical information on requests for environmental information received, as well as information on the experience acquired in the application of this information. Law, guaranteeing in any case the confidentiality of the applicants.
For this purpose, as well as for the proper fulfilment of the international obligations of the State, the different Public Administrations will collaborate and exchange the necessary information.
Additional provision ninth. Telematics records.
The telematic records of the General Administration of the State shall include among its telematic procedures those relating to the resolution of requests for environmental information.
Additional provision 10th. Administrative complaints brought before the General Administration of the State pursuant to Article 21.
1. The General Administration of the State shall issue and notify the decision corresponding to the complaint referred to in Article 21 within the maximum period of three months.
2. In the field of the General Administration of the State, the amount of periodic penalty payments referred to in Article 21 shall not exceed EUR 6,000 for each day that elapses.
Additional provision eleventh. Training plan within the framework of the General Administration of the State.
The General Administration of the State will launch, within six months of the entry into force of this Law, a specific Training Plan aimed at raising awareness of the rights and the rights of personnel. obligations provided for in this Act.
Additional disposition twelfth. Dissemination of environmental information by economic operators.
Public Administrations will promote economic operators, when they are not legally obliged to do so, to regularly inform the public about those activities or products that have or may have effects significant on the environment.
Single transient arrangement. Dissemination of the environmental information available in electronic support, prior to the entry into force of this Law.
The information referred to in Article 7 shall include the data collected since 14 February 2003. Data prior to that date shall be included only when they already exist in electronic form.
Single repeal provision. Regulatory repeal.
Law 38/1995 of 12 December 1995 on the right of access to information in the field of the environment is hereby repealed, as well as any provisions of equal or lower rank that contradict or oppose the provisions of this Law. Law.
Final disposition first. Amendment of the Royal Decree-Law 1302/1986 of 28 June of Environmental Impact Assessment.
The Royal Decree-Law 1302/1986 of 28 June, of Environmental Impact Assessment, is amended as follows:
One. A new Article 1a is inserted:
" Article 1. Bis.
For the purposes of the provisions of this Law:
1. Public: any natural or legal person, as well as their associations, organisations and groups constituted in accordance with the rules applicable to them.
(a) All those in whom any of the circumstances provided for in Article 31 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Administrative Procedure are present Common.
b) Non-profit legal persons who meet the following requirements:
1. The protection of the environment in general or of any of its elements in particular, and which such purposes may be affected by the assessment procedure, shall be among the purposes accredited in its statutes. environmental impact.
2. To take two years legally constituted and to actively exercise the activities necessary to achieve the objectives laid down in its statutes.
3. º that according to its statutes it develops its activity in a territorial area that is affected by the project that must undergo environmental impact assessment. "
Two. Article 3 is worded as follows:
" Article 3.
1. The Public Administrations shall promote and ensure the participation of the persons concerned in the processing of the authorization procedures for projects to be submitted to environmental impact assessment and shall adopt the measures provided for in this Royal Legislative Decree to ensure that such participation is real and effective.
For this purpose, the substantive body shall submit the environmental impact study referred to in Article 2 in the applicable procedure for the authorisation or completion of the project to which it corresponds, and together with (a) the latter, in the case of public information and other reports which are established therein. This procedure shall be completed in those stages of the procedure in which all options relating to the determination of the content, the extension and the definition of the project subject to authorisation and subject to an impact assessment are still open. and shall have a duration of not less than 30 days.
This process of public information must also be evacuated by the substantive body in relation to the projects that require the Integrated Environmental Authorization as provided for in Law 16/2002, of July 1, Integrated Pollution Prevention and Control.
2. During the evacuation of the public information procedure, the substantive body shall inform the public of the relevant aspects related to the project authorisation procedure and, in particular, the following:
a) The project authorization request.
(b) The fact that the project is subject to an environmental impact assessment procedure, as well as the fact that, where appropriate, the provisions of Article 6 on cross-border consultations may apply.
(c) Identification of the competent body to resolve the procedure, of those of whom relevant information may be obtained and of those to whom observations, allegations and consultations may be submitted, as well as of the time available for submission.
(d) Nature of the decisions or, where appropriate, the drafts or draft decisions to be taken.
e) Indication of the availability of the information collected pursuant to Article 2 of this Law and the date and place or places where such information will be made available to the public.
f) Identification of participation modes.
3. At the same time, the substantive body shall consult the public administrations concerned which have previously been consulted in relation to the definition of the extent and level of detail of the environmental impact study and shall provide them with the following information, which will also be made available to interested persons:
(a) All information collected pursuant to Article 2 of this Royal Legislative Decree.
b) All relevant documentation received by the substantive body prior to the evacuation of the public information procedure.
The substantive body shall inform the persons concerned and the public administrations concerned of the right to participate in the relevant procedure and the time at which they may exercise such right. The notification shall indicate the competent authority to which the observations and arguments in which such participation is made are to be submitted and the time limit within which they are to be referred. That period shall not be less than 30 days.
4. Furthermore, the substantive body shall make available to interested persons and public administrations other information other than that provided for in paragraph 3 that only after the expiry of the procedure laid down in paragraph 3 of this Article. public information that is relevant to the effects of the decision on the implementation of the project.
5. The results of the consultations and of the public information shall be taken into consideration by the sponsor in his project, as well as by the substantive body in the authorisation of the project. "
Three. Article 6 is worded as follows:
" Article 6.
1. Where it is considered that the implementation of a project may have significant effects on the environment of another Member State of the European Union, or where a Member State likely to be significantly affected so requests, the body the environmental impact statement, through the Ministry of Foreign Affairs and Cooperation, shall inform that State of the possibility of opening a period of bilateral consultations to study such effects, as well as the measures which, where appropriate, can be agreed to remove or reduce them. To this end, a description of the project will be provided to the Member State concerned, together with all relevant information on its possible cross-border effects and other information arising from the processing of the prior to the project authorization.
2. If the Member State wishes to open such a period of consultation, the Ministry of Foreign Affairs and Cooperation, after consulting the environmental body to make the environmental impact declaration, shall negotiate with the the competent authorities of that State the reasonable timetable of meetings and procedures to be followed by the consultations and the measures to be taken to ensure that the environmental authorities and the persons concerned by that State are concerned, to the extent that it can be significantly affected, have the opportunity to express their opinion on the project prior to its authorisation.
3. The delegation of the Ministry of Foreign Affairs and Cooperation responsible for the negotiation shall include at least one representative of the public administration responsible for the authorization of the project, as well as the environmental body. in any case a representation of the autonomic administration in whose territory the project is to be implemented.
4. The procedure for cross-border consultation shall be initiated by means of a communication from the body of the public administration responsible for the authorization of the project addressed to the Ministry of Foreign Affairs and Cooperation, accompanied by the documentation referred to in paragraph 1. A summary report drawn up by the sponsor shall also be accompanied by a reasoned explanation of the grounds of fact and of the right which justify the need to bring to the attention of another Member State the draft in question. The communication shall identify the representatives of the public administrations which, if appropriate, have to be integrated into the delegation of the Ministry.
5. If the opening of the period of cross-border consultations has been promoted by the authority of the Member State liable to be affected by the implementation of the project, the Ministry of Foreign Affairs and Cooperation shall bring it to the attention of the the public administration competent for the authorisation of the project and shall request the referral of the documentation referred to in the previous paragraph in order to initiate the cross-border consultation procedure.
6. The time limits laid down in the regulatory regulatory procedure for the project authorisation procedure shall be suspended until the cross-border consultation procedure is completed.
7. When a Member State of the European Union communicates that the implementation of a project which may have significant effects on the environment in the Spanish State, the Ministry of Foreign Affairs and the Ministry of Foreign Affairs is envisaged in its territory, Cooperation will bring it to the attention of the Ministry of the Environment, which, with the participation of the environmental organs of the affected autonomous communities, will act as an environmental organ in the bilateral consultations that will be made to study such effects, as well as measures which, where appropriate, can be agreed to remove or reduce them.
The environmental body shall ensure that the public administrations concerned and the persons concerned are consulted in accordance with Article 3. For these purposes, it shall define the terms in which the processing of consultations shall be carried out in collaboration with the competent bodies of the autonomous communities concerned by the implementation of the project promoted by another Member State of the Union. European. "
Four. The additional first provision is worded as follows:
" Additional disposition first.
This Royal Legislative Decree will not apply to projects related to the objectives of National Defense when such application could have negative repercussions on such needs. It will also not apply to projects specifically approved by a State Law. "
Five. The additional second provision is worded as follows:
" Additional Disposition Second.
The Council of Ministers, within the scope of the General Administration of the State and the body that determines the legislation of each Autonomous Community in their respective fields of competence, may, in exceptional circumstances and by a reasoned agreement, exclude a particular project from the impact assessment procedure.
In such cases, the advisability of submitting the excluded project to another form of assessment will be examined. The exclusion agreement and the reasons for this shall be published in the BOE or the relevant official journal and the following information shall be made available to interested persons:
a) The exclusion decision and the reasons that justify it.
b) The information concerning the examination of alternative forms of evaluation of the excluded project. "
Six. A new paragraph (e) is added in Group 9 'Other projects' in Annex I with the following content:
"(e) Any modification or extension of a project entered in this Annex, where such modification or extension in itself complies with the possible thresholds set out in this Annex."
Seven. A new paragraph 4. (a) of Group 3 "extractive industry" is added to Annex II with the following content:
"4. Oil Drilling."
Eight. Paragraph (k) of Group 9 of Annex II is worded as follows:
k) Any change or extension of the projects listed in Annexes I and II, already authorised, executed or in the process of being carried out (modification or extension not listed in Annex I) which may have adverse effects significant on the environment, i.e. when one of the following incidents occurs:
1. th Significant increase in emissions to the atmosphere.
2. Significant increase in discharges to public channels or to the coast.
3. Significant Increase in Waste Generation.
4. A significant increase in the use of natural resources.
5. th Affection to areas of special protection designated pursuant to Directives 79 /409/EEC and 92 /43/EEC or to wetlands included in the list of the Ramsar Convention. "
Final disposition second. Amendment of Law 16/2002 of 1 July on Integrated Pollution Prevention and Control.
Law 16/2002 of 1 July on Integrated Pollution Prevention and Control is amended as follows:
One. The following definitions are added to Article 3
" (o) Public: any natural or legal person, as well as their associations, organisations and groups constituted in accordance with the rules applicable to them.
p) Interested persons:
(a) All those in whom any of the circumstances provided for in Article 31 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Administrative Procedure are present Common.
b) Non-profit legal persons who meet the following requirements:
1. The protection of the environment in general or of any of its elements in particular, and which such purposes may be affected by the taking of a decision on the protection of the environment in general or in its statutes. grant or update of the Integrated Environmental Authorisation or its conditions.
2. To take two years legally constituted and to actively exercise the activities necessary to achieve the objectives laid down in its statutes.
3. º That according to its statutes it develops its activity in a territorial area that is affected by the installation for which the integrated environmental authorization is requested. "
Two. Article 14 is worded as follows:
" Article 14. Processing.
In all those aspects not regulated in this Law, the procedure for granting the integrated environmental authorization will be in accordance with the provisions of Law 30/1992, of November 26, of the Legal Regime of the Administrations. Public and the Common Administrative Procedure.
Public Administrations will promote the real and effective participation of people interested in the procedures for the granting of the Integrated Environmental Authorization of new facilities or those that they perform any substantial change in the installation and procedures for the renewal or modification of the Integrated Environmental Authorisation of a facility in accordance with Articles 25 and 26.
Public Administrations shall ensure that the participation referred to in the previous paragraph takes place from the initial stages of the respective procedures. To this end, the provisions for participation laid down in Annex 5 shall apply to such procedures. "
Three. A new paragraph 4 is added to Article 23:
" 4. The Autonomous Communities shall make public the administrative decisions by which the integrated environmental authorisations have been granted or amended and shall make available to the public the following information:
a) The content of the decision, including a copy of the Integrated Environmental Authorization and any subsequent conditions and updates.
b) A memory in which the main reasons and considerations on which the administrative decision is based are collected, indicating the reasons and considerations on which such a decision is based, including information on the process of public participation. "
Four. Article 27 is worded as follows:
" Article 27. Activities with cross-border effects.
1. Where it is considered that the operation of the installation for which the integrated environmental authorisation is requested could have significant negative effects on the environment of another Member State of the European Union, or where a State Member who may be significantly affected so requests, the competent authority of the Autonomous Community, through the Ministry of Foreign Affairs and Cooperation, shall communicate to that State the possibility of opening a period of consultations to examine such effects, as well as the measures which, if necessary, can be agreed for delete them or reduce them. For this purpose and prior to the decision of the application, a copy of the application shall be made available to the Member State concerned and any information relevant in accordance with Annex 5.
2. If the Member State wishes to open such a period of consultation, the Ministry of Foreign Affairs and Cooperation shall, after consulting the competent authority of the Autonomous Community, negotiate with the competent authorities of the Member State concerned. State the reasonable timetable of meetings and procedures to be followed by the consultations and the measures to be taken to ensure that the environmental authorities and the persons concerned in that State, to the extent that it can be significantly affected, have the opportunity to express their views on the installation for which the integrated environmental authorization is requested.
3. The delegation of the Ministry of Foreign Affairs and Cooperation responsible for the negotiation shall include at least one representative of the Autonomous Community competent to resolve the application for authorisation.
4. The cross-border consultation procedure shall be initiated by means of communication from the competent authority of the Autonomous Community to the Ministry of Foreign Affairs and Cooperation, together with the documentation referred to in paragraph 1. A summary report shall also be accompanied by a reasoned explanation of the grounds of fact and of law justifying the need to bring to the attention of another Member State the application for the environmental authorization in question. and where the representatives of the competent Autonomous Community are identified, who, where appropriate, have to be integrated into the delegation of the said Ministry.
5. If the opening of the period of cross-border consultations has been promoted by the authority of the Member State liable to be affected by the operation of the facility for which the integrated environmental authorisation is requested, the The Ministry of Foreign Affairs and Cooperation shall bring it to the attention of the competent authority of the Autonomous Community and shall request the referral of the documentation referred to in the preceding paragraph in order to initiate the consultation procedure. Cross-border.
6. The time limits laid down in the regulatory rules for the procedure for granting integrated environmental authorisation shall be suspended until the end of the cross-border consultation procedure. The results of the consultations shall be duly taken into account by the competent authority of the Autonomous Community in order to resolve the application for integrated environmental authorisation, which shall be formally communicated by the Ministry of Foreign affairs and cooperation to the authorities of the Member State that would have participated in the cross-border consultations.
7. Where a Member State of the European Union communicates that an integrated environmental authorisation has been requested in its territory for an installation whose operation may have significant negative effects on the environment in the State The Ministry of Foreign Affairs and Cooperation will bring it to the attention of the Ministry of the Environment, which, with the participation of the competent bodies of the Autonomous Communities concerned, will act as an environmental organ in the bilateral consultations to be carried out to study such effects, as well as measures which, in their case, they can be agreed to delete or reduce them.
The Ministry of the Environment will ensure that the public administrations concerned and the persons concerned are consulted in accordance with the provisions of Article 14 and the Annex V. To these effects, it will define the terms where the processing of consultations shall be carried out in collaboration with the competent bodies of the autonomous communities concerned by the installation for which the integrated environmental authorisation is requested in another Member State of the Union European. "
Five. The second transitional provision is worded as follows:
" Transient Disposition second:
The authorisation procedures already initiated before the entry into force of this Law shall not apply to them, subject to the applicable law, in the terms set out in Article 3.d.).
In such cases, and without prejudice to the regime provided for in this Law for substantial modifications, once the authorizations have been granted, they will be renewed within the time limits provided for in the applicable sectoral legislation and in any case, after five years, complying with the provisions of this Law for existing facilities. "
Six. Categories 4.1 and 9.3 of Annex 1 are worded as follows:
" Category 4.1:
Chemical installations for the manufacture of organic chemical products, in particular:
(b) oxygenated hydrocarbons, such as alcohols, aldehydes, ketones, organic acids, esters, acetates, ethers, peroxides, epoxy resins;
Facilities for the intensive breeding of poultry or pigs with more than:
(a) 40,000 places in the case of laying hens or equivalent number for other productive orientations of birds.
b) 2,000 places for bait pigs over 30 kg.
c) 2,500 places for bait pigs over 20 kg.
750 places for breeding sows.
530 closed-cycle bristle squares.
(d) In the case of mixed holdings, where animals of paragraphs (b) and (c) of this Category 9.3 are co-exist, the number of animals to determine the inclusion of the facility in this Annex shall be determined in accordance with the equivalences in the Livestock Unit (UGM) of the various types of pig cattle, as set out in Annex I to Royal Decree 324/2000 of 3 March laying down basic rules for the management of pig holdings. '
Seven. A new Annex 5 is added:
" Anejo 5: Public participation in decision making.
1. The competent authority of the Autonomous Community shall inform the public at the initial stages of the procedure, always prior to taking a decision or, at the latest, as soon as it is reasonably possible to provide information on the Following ends:
(a) The application for the Integrated Environmental Authorisation or, where appropriate, the renewal or modification of the content of that, in accordance with the provisions of Article 16 (4).
(b) Where appropriate, the fact that the resolution of the application is subject to an environmental, national or cross-border impact assessment, or to consultations between the Member States in accordance with the provisions of Article 27.
(c) The identification of the competent bodies to be resolved, of those of whom relevant information may be obtained and of those to whom comments may be submitted or questions asked, with express indication of the the time available to do so.
(d) The legal nature of the resolution of the application or, where appropriate, of the motion for a resolution.
e) Where appropriate, details regarding the renewal or modification of the Integrated Environmental Authorization.
(f) The dates and places or places where the relevant information will be provided, as well as the means used to do so.
g) The modalities of public participation and public consultation defined in accordance with paragraph 5.
2. The competent bodies of the Autonomous Communities shall ensure that, within appropriate time limits, the following information is made available to interested persons:
(a) In accordance with national law, the main reports and opinions referred to the competent authority or authorities at the time when the persons concerned are to be informed in accordance with the provisions of the paragraph 1.
(b) In accordance with the provisions of the legislation governing access to information and public participation in the field of the environment, any information other than that referred to in point 1 shall be relevant for the resolution of the application, in accordance with Article 8, and that only the information period for the persons concerned as referred to in paragraph 1 may be obtained after the expiry of the reporting period.
3. Interested persons shall have the right to make it clear to the competent body how many comments and opinions it considers appropriate before the application is resolved.
4. The results of the consultations held in accordance with this Annex shall be duly taken into account by the competent body when the request is made.
5. The competent authority of the Autonomous Community to grant the integrated environmental authorisation shall determine the modalities of information to the public and of consultation of the persons concerned. In any event, reasonable time limits will be established for the different phases which allow sufficient time to inform the public and for the persons concerned to prepare and participate effectively in the decision-making process on the medium-term basis. the environment in accordance with the provisions of this Annex. '
Final disposition third. Title Skills.
This law has the character of basic legislation under the provisions of Article 149.1.23. The following items are excepted:
1. Article 19 and the third, fourth, fifth, seventh and eighth provisions, which shall apply only to the General Administration of the State and its Public Bodies.
2. Article 15 and the first and second additional provisions, which are issued pursuant to Article 149.1.14. of the Constitution.
3. The provisions of Articles 20 to 23, which, as regards resources on the administrative basis, are given in accordance with Article 149.1.18 of the Constitution and with regard to resources in the administrative and administrative procedure under Article 149.1.6. of the Constitution.
Final disposition fourth. Incorporation of European Union law.
By means of this Law, certain rights and obligations under the Convention on Access to Information, the participation of the public in decision-making and access to justice in the field of justice are developed. the environment, done in Aarhus, Denmark, on 25 June 1998; and the existing legal order is adapted to the provisions of Directive 2003 /4/EC of the European Parliament and of the Council of 28 January 2003 on access to the (a) public environmental information and Directive 2003 /35/EC of the European Parliament and of the Council; COUNCIL REGULATION (EEC) No 2663/2003 of 26 May 2003 laying down measures for the participation of the public in the production of certain environmental and environmental plans and programmes and amending, as regards the participation of the public public and access to justice, Council Directives 85 /337/EEC and 96 /61/EC.
Final disposition fifth. Recast text of environmental impact assessment.
The Government will prepare and approve within one year of the entry into force of this Law a recast text in which it will regulate, clarify and harmonize the legal provisions in force in the field of impact assessment. environmental.
Final disposition sixth. Regulatory development of Article 16 in the field of the General Administration of the State.
The government, within a maximum of one year from the entry into force of this Law, will approve a regulation that will develop the content regulated in Articles 16, relating to the participation of the public in the drawing up of rules covering the matters referred to in Article 18 and falling within the competence of the General Administration of the State.
Final disposition seventh. Development authorization.
The Government, within the scope of its powers, will dictate how many provisions are necessary for the implementation and development of the provisions of this Law.
Final disposition octave. Entry into force.
This Law shall enter into force on the day following that of its publication in the "Official Gazette of the State", with the exception of Title IV and the first provision which shall enter into force three months after that publication.
I command all Spaniards, individuals and authorities, to keep and keep this Law.
Madrid, July 18, 2006.
JOHN CARLOS R.
The President of the Government,
JOSE LUIS RODRIGUEZ ZAPATERO
Non-governmental organizations that make up the environmental advisory board
Friends of the Earth.
Ecologists in Action.
Spanish Society of Ornithology SEO/Birdlife.
WWF/Nature Defense Association (ADENA).