Law 27/2006 Of 18 July, Which Regulates The Rights Of Access To Information, Public Participation And Access To Justice In Environmental Matters (Incorporates Directives 2003/4/ec And 2003/35/ec).

Original Language Title: Ley 27/2006, de 18 de julio, por la que se regulan los derechos de acceso a la información, de participación pública y de acceso a la justicia en materia de medio ambiente (incorpora las Directivas 2003/4/CE y 2003/35/CE).

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Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2006-13010

JUAN CARLOS I King of Spain to all that the present join together and act.

Know: That the Cortes Generales have approved and I come in to sanction the following law.

EXPLANATORY article 45 of the Constitution sets up the environment as a legal asset whose enjoyment of all citizens are holders and whose conservation is a duty shared by the public authorities and the society as a whole. Everyone has the right to require public authorities to adopt the necessary measures to ensure the adequate protection of the environment, to enjoy the right to live in a healthy environment. Correlatively, it imposes all the obligation to preserve and respect that same environment. So that citizens, individually or collectively, to participate in the task of protection real and effectively, it is necessary to have the media adequate instruments, today gaining special significance the participation in the public decision-making process. As participation, which generally establishes the article 9.2 of the Constitution, and for the administrative scope article 105, guarantees democratic functioning of societies and introduce greater transparency in the management of public affairs.

The legal definition of this participation and its implementation through legal tools which make it really effective are now one land with greater intensity that has progressed the international environmental law and, by extension, the Community law and that of the States belonging to the European Union. In this line, it should be noted the Economic Commission for Europe of United Nations Convention on access to information, the public participation in decision-making and access to justice in environment, done at Aarhus on 25 June 1998. Known as the Aarhus Convention, part of the following postulate: so that citizens can enjoy the right to a healthy environment and comply with the duty to respect and protect it, they must have access to relevant environmental information, they should be entitled to participate in environmental decision-making processes and they must have access to justice when such rights are denied them. These rights are the three pillars on which the Aarhus Convention:-the pillar of access to environmental information plays an essential role in awareness and environmental education of the society, constituting an essential tool to be able to intervene in Public Affairs informed. 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 by public authorities, which must pick it up and make it public without that mediate a request.

-The pillar of public participation in the process of decision-making, which extends to three areas of public action: the authorization of certain activities, the approval of plans and programmes and the development of general provisions of legal or regulatory range.

-The third and final pillar of the Aarhus Convention is composed of the right of access to justice and aims to ensure the access of citizens to the courts to review the decisions that have potentially been able to violate the rights that the Convention it recognizes on environmental democracy. It is to ensure and strengthen, through the guarantee that judicial protection, the effectiveness of the rights that the Aarhus Convention recognizes everyone and, therefore, the very execution of the Convention. Finally, you enter a forecast which would enable the public to initiate administrative or judicial procedures to challenge any action or omission attributable to other particular, well to a public authority, that constitutes an infringement of environmental legislation.

Spain ratified the Aarhus Convention in December 2004, coming into force on March 31, 2005. The European Union itself, as well as all Member States, also signed this Convention, but it conditioned its ratification to the previous adaptation of Community law to the provisions contained in that one, which has actually already occurred: in fact, the legislative work undertaken by the European Union has resulted in a draft Community regulation which regulates the application of the Convention to the functioning of the Community institutions , and two directives through which are incorporated in a harmonized manner for the whole of the Union the obligations corresponding to the pillars of access to information and participation in environmental issues. It is Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and why repealing Directive 90/313/EEC, Council and Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 establishing measures for the participation of the public in certain plans and programmes relating to the environment and that are modified, in what refers to public participation and access to justice directives 85/337/EEC and 96/61/EC. Accordingly, the object of this law is to define a legal framework that also responds to commitments made with the ratification of the Convention and carry out the transposition of these directives into the domestic.

The Act is divided into four titles. The first deals with General provisions, identifying as the standard object recognition of the rights of access to information, participation and access to justice, rights which, in order to facilitate its exercise, are catalogued systematically regardless that his particular regulation is collected under this Act or in sectoral legislation. This first title also includes those definitions necessary for better understanding and application of the law. It highlights the legal distinction between the concepts of 'public' in general, referred to all citizens and their associations and groupings, and the «subject», which reinforces the same concept as in administrative law with the attribution of this condition, in any case, those legal persons non-profit dedicated to the protection and defence of the environment and which attest to the fulfilment of minimum requirements aimed at shaping a rigorous action in this field.

Title II contains the specific regulation of the right of access to environmental information, in his double role as passive and active provision of information. On the first side, it obliges public authorities to inform citizens about the rights that recognized them the law and to help them in the search for information, at the time that the obligation of drawing up lists of public authorities possessing environmental information, which must be publicly accessible so citizens can locate the information you require with the greatest of ease. Expands considerably the type of information object of diffusion, identifying a minimum of binding function of its importance and its urgency. In addition, to avoid and prevent damage in case of imminent threat to human health or the environment, must spread information enabling you to take appropriate measures to alleviate or prevent the damage. As for the second aspect, the law intends to overcome some of the difficulties identified in the previous practice, in such a way that the obligation to provide information not derived from the exercise of substantive competition but the fact that the requested information held by the authority which the request is addressed, or of another subject in his name. The reply time is reduced to one month and it may be extended only when the volume and complexity of the information justify it. Also regulation of exceptions to the obligation to provide the environmental information is a remarkable step forward, since the refusal does not operate automatically, but that public authority must be weighed in each case the public interest in presence, and the refusal to supply the requested information. And, in any case, the grounds for exception must be interpreted restrictively.

Title III of the Act deals with the right to public participation in the environmental matters relating to the preparation, revision or modification of certain plans, programmes and general provisions. The regulation of other modalities of participation provided for in the Convention and the Community legislation (the administrative procedures that must be processed for granting integrated environmental permits, to assess the environmental impact of certain projects, to carry out strategic environmental assessment of certain plans and programmes or to develop and approve the plans and programmes referred to in the law of waters) is deferred to the relevant sectoral legislation. This title is closed with an article through which regulates the functions and composition of the environment Advisory Council.


Being a sphere of competence shared with the autonomous communities, the law does not regulate any procedure, but it is limited to establishing the general duty to promote the real and effective participation of the public; will be public administrations which, when establishing and processing the relevant procedures, shall ensure compliance with of a series of guarantees which are recognized both by Community law and by the Aarhus Convention, which the law sets out principles informers of the public in this matter action: make publicly accessible the information about the plan, program or regulatory provision; informed of the right to participate and the way in which can do so; recognize the right to formulate observations and comments in those early stages of the procedure in which are still open all the options of the decision which has been taken; justify the decision finally taken and the way in which the process of participation has been developed. In both cases, it shall be for each administration to determine which members of the public have the condition of the person concerned and may, therefore, take part in such procedures. The law establishes that you means that in any case such a condition people have legal nonprofit that engaged in the protection of the environment and comply with the other requirements laid down by the law in its article 23. These guarantees in terms of participation shall apply, as provided in article 17, in relation to those plans and programmes provided for in Directive 2003/35/EC. Regarding procedures of elaboration of regulatory provisions, article 18 incorporates an open list which lists substances whose regulation must observe the principles and guarantees that the law on participation. Rules that only target the national defence or civil protection, which exclusively pursue the adoption of plans and programmes and which pose no substantial changes in existing rules are excluded, however.

Title IV and last law dealing with access to justice and the administrative supervision and aims to ensure and strengthen, through the guarantee that judicial and administrative protection the effectiveness of information and participation rights. Thus, article 20 recognizes the right of appeal in administrative or contentious via any act or omission imputable to a public authority involving an infringement of these rights. These resources are governed by the general regime. However, article 21 regulates a kind of specific claim for violations committed by private individuals subjected by law to the duties of providing environmental information. Also, the law incorporates the provision of article 9.3 of the Aarhus Convention and introduces a kind of popular action which corresponds to legal persons non-profit dedicated to the protection of the environment, that have been legally constituted at least two years prior to the exercise of the action and develop its activity in the territory affected by the Act or omission challenged. Devotes himself definitely, in this way, legitimizing legal to protect a diffuse interest such as the protection of the environment in favor of those organizations whose purpose is precisely the protection of natural resources.

The final part, include the operated modifications, respectively, in the Royal Legislative Decree 1302 / 1986 of 28 June, environmental impact assessment, and law 16/2002 of 1 July, on Integrated Pollution Control and prevention. Both bring cause of Directive 2003/35, whose transposition is addressed by the final provisions first and second of the law in order to adapt both regulations to the rules on participation laid down in the Aarhus Convention and assumed by the Community legislature through the directive.

Finally, the competence titles are collected in the third final provision. Thus, this law dictates, for the most part, on the basis of article 149.1.23. ª of the Constitution, while it is necessary to invoke article 149.1.14. ª of the Constitution in relation to the rates and prices that corresponds to meet applicants of environmental information within the scope of the General Administration of the State, article 149.1.18. ª, in regard to resources in administrative proceedings that may arise for violation of the rights of information and participation in the law , and article 149.1.6., with regards to popular in environmental action.

According to the distribution of competences in the field of environment, and under cover of the competition to the 149.1.23 article. ª of the Constitution attributes to the State, the Act is limited to establishing those guarantees and principles that must be observed by all public authorities that intend to exercise the rights of access to information, participation and access to justice in environmental matters without going to regulate the procedure for their exercise. As to the extent that are recognized rights that contribute to make effective the rights, but also obligations, set forth in article 45 of the Constitution, are a crucial tool for strengthening the participation of civil society in the political decision-making process, the implementation of a model of sustainable development depends, to a large extent of the effective participation of civil society in the political decision-making process, so that during the debate the information and contributions that have been able to make anyone interested have been taken into account and the outcome are palpable and tangible concerns and environmental considerations.

This idea, which is expressly contained in the Declaration of Rio of Janeiro on environment and development, principle number 10 establishes that the best way to manage environmental issues is to count with the participation of all citizens, finds its raison d'etre in the need to advance towards the transformation of the model of development, based on democratic approaches that the active participation real and effective civil society as the only way to, firstly, to legitimize decisions that have been taken and, secondly, ensuring its success and effectiveness in the practical field.

Title I General provisions article 1. The object of the Act.

1 this law is to regulate the following rights: to) access to the environmental information that may act in power of public authorities or other subjects who have it on their behalf.

b) to participate in procedures for decision-making on matters affecting directly or indirectly in the middle room, and whose development or approval applicable to public administrations.

c) to urge the administrative and judicial review of acts and omissions attributable to any public authorities involving violations of environmental regulations 2. This law guarantees equally broadcasting and making available to the public of environmental information, gradually and with the degree of breadth, systematics and technology widest possible.

Article 2. Definitions.

For the purposes of this law: 1. public: any natural or legal person as well as their associations, organizations and groups set up pursuant to the regulation which will be of application.

2 stakeholders: to) any physical or legal person in which if any of the circumstances provided for in article 31 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

(b) any legal person non-profit which fulfils the conditions laid down in article 23 of this law.

3 environmental information: all information in written, visual, sound, electronic or in any other way on the following issues: to) State of the elements of the environment, as air and atmosphere, water, soil, land, landscape and natural areas, including wetlands and coastal and marine areas, biological diversity and its components including the genetically modified organisms; and the interaction among 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 elements of the environment referred to in the letter a).

((c) measures, including administrative measures, such as policies, standards, plans, programs, agreements in the area of environment and activities that affect or may affect the elements and factors referred to in letters a) and b), as well as the activities or measures designed to protect these elements.

(d) reports on the implementation of environmental legislation.

e) cost-benefit analysis and other analyses and economic assumptions used in the taking of decisions concerning the measures and activities referred to in point (c)), and


((f) the status of the health and safety of persons, including, in his case, the contamination of the food chain, conditions of human life, property of the historical, cultural and artistic heritage and buildings, where they are or may be affected by the State of the elements of the environment referred to in the letter a) or, through those elements ((, by any of the ends referred to in b) and (c)).

4 public authorities: 1. will have the status of public authority for the purposes of this law: to) 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 administration and entities of public law that are dependent or are linked to the State, the autonomous communities or local authorities).

(c) the Advisory public bodies.

(d) corporations under public law and other persons or legal entities when, in accordance with current legislation, exercise public functions, including notaries and registrars of property, commercial and movable property.

2 they will have the status of public authority, for the sole purpose of the provisions of titles I and II of this Act, physical or legal persons when they assume public responsibilities, exercising public functions or providing public services relating to the environment under the authority of any of the entities, bodies or institutions referred to in the preceding paragraph.

3 are excluded from the concept of public authority institutions, bodies or institutions when acting in the exercise of legislative or judicial functions. In any case, when they act in the exercise of legislative or judicial functions, are excluded from the scope of application of this law the Cortes Generales, the legislative assemblies of the autonomous communities, the Constitutional Court, the courts and tribunals belonging to the Judicial power, the Court of Auditors or organs of external oversight of the autonomous communities.

5. information that is held by public authorities: environmental information held by those authorities and has been received or prepared by them.

6. information possessed on behalf of public authorities: environmental information that work 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, organizations and groups, requested environmental information, requirement to acquire, for the purposes of the provisions of title II, the condition of the person concerned.

Article 3. Rights in the field of environment.

To give effect to the right to an environment suitable for the development of the person and the duty to preserve it, everyone may exercise the following rights in their relations with public authorities, in accordance with the provisions of this Act and with the provisions of article 7 of the Civil Code: 1) in relation to the access to information (: a) to have access to the environmental information that act in power of public authorities or of other subjects on your behalf, unless so they are forced to declare a certain interest, what ever their nationality, domicile or headquarters.

(b) to be informed of the rights granted you this law and to be assessed for their proper exercise.

(c) to be assisted in their search for information.

d) to receive the information you request in the maximum time limits laid down in article 10.

(e) to receive environmental information requested in the form or format chosen, in the terms provided for in article 11.

(f) to know the reasons why not is provided them information, totally or partially, and also those for which not is provided this information in the form or format requested.

g) the list of rates and prices which, where appropriate, are required for the receipt of the information requested, as well as the circumstances under which you can require or dispense the payment.

((2) with regard to public participation: to) to participate effectively and real in the preparation, modification and review of those plans, programmes and general provisions related to the environment included in the scope of this law.

(b) to access the relevant information concerning referral plans, programmes and general provisions in advance).

(c) to formulate allegations and observations when all options are still open and before the decision on the above-mentioned plans, programs or general provisions and to be duly taken into account by the relevant public administration).

(d) to make public the final outcome of the procedure in which participated and be informed of the reasons and considerations on which the decision is based, including information about the public participation process.

(e) to participate effectively and real, in accordance with the applicable legislation, in the administrative procedures dealt with the granting of authorizations that are regulated in the law on the prevention and integrated control of pollution, to the granting of administrative titles regulated in the legislation on genetically modified organisms, and for the issuance of the environmental impact declarations regulated in legislation on environmental impact assessment , as well as in the planners processes of water legislation and legislation on assessment of the effects of plans and programmes on the environment.

((3) in relation to access to justice and the administrative supervision: a) to acts and omissions attributable to public authorities that contravene the rights recognized by this law in the field of information and public participation.

b) to popular action to use acts and omissions attributable to public authorities which constitute violations of environmental legislation in the terms provided for in this law.

(4) any other that recognizes the Constitution or the law.

Article 4. Inter-administrative collaboration.

The public administrations shall establish more effective mechanisms for an effective exercise of the rights recognized by this law. To this end, they adjusted performances to the principles of cooperation, collaboration and mutual information.

Title II right of access to environmental information chapter I obligations of public authorities in the field of environmental information article 5. General obligations in the field of environmental information.

1 las Administraciones Públicas shall carry out the following actions: to) inform the public adequately the rights afforded by this law, as well as the ways to exercise such rights.

(b) provide information for its correct exercise, as well as advice and advice as possible.

(c) draw up lists of public authorities in response to the environmental information that may act in its power, which shall be made publicly accessible. To this end, there will be at least one unified list of public authorities by each autonomous community.

(d) ensure that their staff to attend the public in case of access to environmental information.

(e) promote the use of information and telecommunications technologies to facilitate access to the information.

(f) ensure the principle of agility in the processing and resolution of requests for environmental information.

2. the public authorities shall ensure because, to the extent of its possibilities, information collected by them or on their behalf collection is up-to-date and accurate and capable of comparison.

3 the public authorities shall take necessary measures to give effect to the exercise of the right of access to environmental information and, among them, at least one of which is designated below: a) designation of units responsible for environmental information.

(b) creation and maintenance of means of consultation of the requested information.

(c) creation of registers or lists of the environmental information that held of public authorities or points of information, with clear indications of where such information can be found.

Chapter II broadcasting by public authorities of environmental information article 6. Specific obligations in the field of dissemination of environmental information.

1. public authorities shall take appropriate measures to ensure the gradual dissemination of environmental information and making it available to the public in the broader and more systematic manner possible.

2. the public authorities be organized and updated environmental information relevant to their functions held in his power or of another entity on your behalf with a view to its dissemination active and systematic public, particularly via information technologies and telecommunications provided that you can dispose of them.

3. the public authorities shall take the necessary measures to ensure that environmental information is made available gradually electronic databases for easy access to the public through public telecommunications networks.


4. the obligations concerning the dissemination of environmental information by means of information and telecommunications technologies shall be fulfilled to creating links with e-mail addresses through which to access to such information.

5. the General Administration of the State shall maintain updated a list of rules and judicial resolutions on key aspects of the law and will publicly accessible in the broader and more systematic manner possible.

Article 7. Minimum content of the information disseminated.

The information that is disseminated will be updated, if necessary, and shall include, at a minimum, the following: 1. the texts of treaties, conventions and international agreements and legislative texts community, State, regional or local environmental or related matter.

2. policies, programmes and plans relating to the environment, as well as their environmental assessments where appropriate.

3. the reports on the progress made in the application of the items listed in paragraphs 1 and 2 of this article when these have been produced in electronic format or maintained in this format by public authorities.

4. the reports on the State of the environment referred to in article 8.

5. the data or summaries of data derived from the monitoring of activities which affect or may affect the environment.

6. authorisations with a significant effect on the environment and environmental agreements. Alternatively, the reference to the place where you can ask for or find the information in accordance with the provisions of article 5.

7 studies on environmental impact and risk assessments concerning environmental elements referred to in article 2(3). a). Alternatively, a reference to the place where you can ask for or find the information in accordance with the provisions of article 5.

Article 8. Reports on the State of the environment.

Public administrations will develop and be published at least annually a report of situation on the State of the environment and every four years a full report. These reports will be of national and regional level and, where appropriate, local and will include data on the quality of the environment and the pressures that it may suffer, as well as a non-technical summary that is understandable to the public.

Article 9. Imminent threat to human health or the environment.

1. in case of imminent threat to human health or to the environment caused by human activities or due to natural causes, public administrations disseminated immediately and without delay information that held power from public authorities or in other subjects in his name, in such a way that allows the public that may be affected take appropriate measures to prevent or limit the damages that may derive from such threat.

The information will differ by gender where this is a significant factor for human health.

This means without prejudice to any specific obligation report derived from the legislation in force.

2. in accordance with the provisions of article 13, the provisions of this article shall not apply when there are reasons of national defence or public security.

Chapter III access to environmental information upon request article 10. Requests for environmental information.

1. Requests for environmental information should be sent to the competent public authority to resolve them and will be processed in accordance with the procedures established for that purpose.

It is understood by competent public authority to resolve a request for environmental information, one in whose hands the work requested information, directly or through other subjects who have it on their behalf.

2 such procedures must be respected, at least, the warranties listed below: a) when a request for environmental information is formulated in a vague manner, the public authority will ask the applicant to concrete it and will assist you to make your information request as soon as possible and at the latest before the expiry of the time limit set in paragraph 2.c). 1st b) when the public authority does not possess the required information shall forward the request that possess it and notice of it to the applicant.

Where this is not possible, please directly inform the applicant about the public authority which, according to their knowledge, it must contact to request such information.

(c) the competent public authority to solve will provide the environmental information requested or communicated to the applicant the grounds for the refusal to provide it, taking into account the calendar specified by the applicant, as soon as possible and at the latest, within the time listed below: 1 within a maximum period of one month from the receipt of the request to the registry of the competent public authority to resolve it , as a general rule.

2. within the period of two months from the receipt of the request to the registry 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 above deadline. In this case must be reported to the applicant, within a maximum period of one month, any enlargement of the former, as well as of the reasons justifying it.

In the case of communicating a refusal to provide information, notification will be in writing or electronically, if the request has been made by writing or if its author so requests. The notification will also report on the planned procedure in accordance with article 20.

Article 11. Form or information format.

1 when prompted that the environmental information is supplied in a form or format specific, the competent public authority to solve must satisfy the request unless if any of the circumstances listed below: to) that information already has been disseminated, in accordance with the provisions of chapter I of this title, in another form or format to which the applicant can be accessed easily. In this case, the competent public authority shall inform the applicant where can access such information or will be sent in the format available.

(b) the public authority considers reasonable to put at the disposal of the applicant information in another form or format and justifies it properly.

2. for these purposes, the public authorities shall endeavour to preserve the environmental information that may act in his possession, or in other subjects in his name, in forms or formats for easy reproduction and access through computer telecommunications or by other electronic means.

3 when the public authority resolves not to provide information, partially or completely, in the form or format requested, shall communicate to the applicant the reasons for the refusal within a maximum period of one month from the receipt of the request to the registry of the competent public authority to resolve, making you know the form or formats in which, in his case , you could provide the information requested and indicating the resources that they are against the refusal in the terms provided for in article 20.

Article 12. Method used in obtaining the information.

In reply to requests on issues concerning environmental information to which refers article 2.3. b), public authorities must inform, if requested and whenever it is available, the place where you can find information about the following: to) the measuring procedure, including the method of analysis, sampling and pre-treatment of samples used for obtaining such information, or b) the reference to the standardised procedure used.

Chapter IV exceptions article 13. Exceptions to the obligation to provide environmental information.

1 the public authorities may refuse requests for environmental information when if any of the circumstances listed below: a) the information requested to the public authority held not in power of this or of another entity in its name, without prejudice to the provisions of article 10(2). b).

(b) that the request is manifestly unreasonable.

((c) that the request is formulated in too general, taking into account the provisions of article 10(2). to).

(d) the request concerns material in course of preparation or documents or incomplete data. These recent means those on which public authority is actively working. If the refusal is based on this reason, the competent public authority must mention on refusal the authority preparing the material and inform the applicant of the anticipated time to complete its elaboration.

(e) that the request concerns internal communications, taking into account the public interest served by disclosure.

2 requests for environmental information may be refused if disclosure of the information requested may adversely affect either end which are listed below: a) the confidentiality of the proceedings of public authorities, when such confidentiality is provided for in a standard of legal rank.

(b) to international relations, national defence or public security.


(c) to causes or matters subject to judicial proceedings or in proceedings before the courts, the right to effective judicial protection, or the ability to perform an investigation of a criminal or disciplinary nature. When the cause or matter are subject to judicial proceedings or in proceedings before the courts, shall, in any case, identify the Court before which it is processed.

(d) the confidentiality of data of commercial and industrial, when such confidentiality is provided in a standard range of law or legislation, in order to protect legitimate economic interests, including the public interest in maintaining statistical confidentiality and tax secrecy.

(e) to the rights of intellectual and industrial property. Except for the cases in which the proprietor has consented to disclosure.

(f) to the confidential nature of personal data, as are regulated in the organic law 15/1999, of 13 December, of protection of data of a Personal nature, provided the person interested who concern not has consented to its treatment and disclosure.

(g) the interests or protection of third parties who voluntarily supplied the information requested without being obliged to do so by law. Except for the cases in which the person had consented to its disclosure.

(h) to the protection of the environment referred to in the information requested. In particular, which refers to the location of endangered species or their breeding sites.

3. the exceptions provided for in the preceding paragraphs may be applied with regard to the obligations of broadcasting referred to in chapter II of this title.

4. the grounds for refusal referred to in this article shall be interpreted restrictively. To do so, shall be weighted in each particular case the public interest served with a disclosure against the interest served with its refusal.

5 public authorities not can in no case avail themselves of the reasons referred to in paragraph 2, letters to), d), f), g) and h) of this article, to deny a request for information relating to emissions in the environment.

6 refusal to facilitate the whole or part of the information requested 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 supply of information.

(The environmental information requested which may act in power of public authorities or of another subject on your behalf will partially at the disposal of the applicant when possible separate from the text of the information requested the information referred to in article 13, paragraphs 1.d), 1.e) and 2.

Chapter V income from private and public law article 15. Income from private and public law.

1. the public authorities shall draw up, published and made available to applicants for environmental information the list of rates and prices public and private which are applicable to such requests, as well as the assumptions that do not appropriate any payment.

(2. the access to any lists or public records created and maintained as indicated in article 5 paragraph 1 (c)) and paragraph 3.c) are free, as well as the examination in situ of the information requested.

Title III right of public participation in environmental matters article 16. Public participation in the preparation of certain plans, programmes and general provisions related to the environment.

1. in order to promote real and effective involvement of the public in the preparation, modification and review of plans, programmes and general provisions related to the environment to which refer articles 17 and 18 of this law, public authorities, to establish or processing procedures that are applicable, shall ensure, in accordance with the provisions of paragraph 2 of this article (: a) is reported to the public, by public notices or other appropriate means, such as electronic, when is it available, about any proposals of plans, programs or provisions of General, or, where appropriate, modification or revision, and because pertinent information on these proposals is intelligible and to the public, including that relating to the right to participation in decision-making processes and to the competent public authority to which You can submit comments or make declarations alegaciones.

(b) the public is entitled to express comments and opinions when all possibilities are open until decisions on the plan, programme or provision of a general nature.

(c) to make those decisions are properly taken into account the results of the public participation.

(d) once examined the comments and opinions expressed by the public, it will inform the public of the decisions taken and the reasons and considerations on which is based these decisions, including information on the public participation process.

2. the competent public administrations shall determine, in advance so that it can participate effectively in the process, what members of the public have the condition of the person concerned to participate in the procedures referred to in the preceding paragraph. Means that they have that condition, in any case, the natural or legal persons referred to in article 2(2) of this Act.

3. the provisions of this article does not replace in any case any provision that extend the rights recognized by this law.

Article 17. Plans and programmes relating to the environment.

1 the Government will ensure that there are guarantees of participation set out in article 16 of this law in relation to the preparation, modification and review of plans and programmes related to the following matters: to) waste.

(b) batteries and accumulators.

(c) nitrates.

(d) packaging and packaging waste.

(e) air quality.

(f) other matters provided the autonomic regulation.

2. the public participation on plans and programmes relating to water, as well as those of others affected by the legislation on assessment of the effects of plans and programmes on the environment, shall comply with provisions in specific legislation.

3 are excluded in all case plans and programs that have as objective the national defence or civil emergency protection from the scope of application of this law.

Article 18. Standards relating to the environment.

1 the public administrations shall ensure that they are observed in terms of participation guarantees laid down in article 16 of this law in relation to the preparation, modification and review of the provisions of a general nature related to the following matters: to) protection of waters.

(b) protection against noise.

(c) protection of soils.

(d) air pollution.

(e) management of rural and urban land and use of soils.

(f) the nature, biological diversity conservation.

(g) forests and forestry.

(h) waste management.

(i) chemicals, including biocides and pesticides.

(j) biotechnology.

(k) other emissions, spills 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 environmental matters.

(n) other matters provided the autonomic regulation.

2. participation in the preparation, modification and revision of standards whose sole purpose is the prevention of occupational risks shall comply with provisions of the specific regulations.

3 the provisions of this title shall not apply a: to) the administrative procedures of general provisions relating to the regulation of matters exclusively related to national defense, public security, civil emergency protection or the rescue of human life at sea.

(b) amendments to the general provisions that are not substantial for its organizational, procedural, or similar, provided that does not imply a reduction of the measures of protection of the environment.

(c) the procedures of general provisions that relate only to the approval of plans or programmes, which shall comply with the provisions of the specific regulations.

Article 19. Environmental Advisory Council.

1. the Advisory Council of environment, attached for administrative purposes to the Ministry of the environment, is a collegiate body which seeks the participation and monitoring of general environmental policies aimed at sustainable development.

2 correspond to the Advisory Council the following functions: to) issue report on the draft legislation and draft regulations with environmental impact and, in particular, on the issues that hold the status of regulations.

b) advise on plans and programmes of which the Presidency of the Council propose him because of the importance of their impact on the environment.


(c) issue reports and make proposals on environmental issues, on its own initiative or at the request of the ministerial departments that request to the Presidency of the Council.

The entities that make up the local administration and the administrations of the autonomous communities may, also, request to the Presidency of the Council that this issue reports on environmental issues within its competence.

(d) propose measures that encourage job creation linked to activities related to the protection of the environment, as well as citizen participation in the solution of environmental problems.

(e) propose measures of environmental education that are intended to inform, guide and sensitize the society of ecological and environmental values.

(f) propose measures it deems appropriate for the better fulfilment of international agreements in the field of environment and sustainable development, assessing the effectiveness of the policies and programmes in force and proposing, if necessary, appropriate modifications.

(g) promote coordination between the public and private initiative in the field of environment.

(h) promote cooperation with similar bodies created by the autonomous communities.

3 the Council Adviser of environment will be chaired by the Minister of the environment and it will be integrated by the following members: to) a person representing each of the non-governmental organizations whose purpose is the defense of the environment and sustainable development, which are listed in the annex.

(b) a person representing each of the trade unions most representative, in accordance with the provisions of articles 6 and 7 of the organic law 11/1985, 2 of August, on freedom of Association.

(c) two persons representing the most representative business organizations, designated by them in proportion to their representation, in accordance with the provisions of the sixth additional provision of the consolidated text of statute of workers, approved by Royal Legislative Decree 1/1995 of 24 March.

(d) two people representing organizations of consumers and users, appointed at the initiative of the Council of consumers and users.

(e) three persons on behalf of the most representative agricultural professional organizations at the State level.

(f) a person on behalf of the National Federation of fishermen's guilds.

An alternate shall be appointed for each Member of the Advisory Board. The Undersecretary of Environment Act as alternate for the President. An official of the Ministry of the environment will act as Secretary, with voice and vote.

4. the members of the Advisory Board and their alternates shall be appointed by the Minister of environment, proposal, where appropriate, entities and organizations referred to in paragraph 3. The appointment of the elected members of the Council and of the alternates will be for a period of two years, which may be renewed for equal periods.

Members of the Advisory Council shall cease to proposal of organizations or entities that suggested his appointment.

5. the Government will develop the structure and functions of the environment Advisory Council by Royal Decree.

Title IV access to justice and the administrative supervision in environmental matters article 20. Resources.

The public deemed that an act or, where appropriate, an omission imputable to a public authority has violated the rights that it recognizes this law in the field of information and public participation may bring administrative resources regulated in Title VII of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure , and other regulations applicable and, where appropriate, contentious-administrative appeal in law 29/1998, of 13 July, regulating the contentious jurisdiction.

Article 21. Complaints and enforcement.

1. the public deemed that an act or omission attributable to any of the persons referred to in article 2.4.2 has violated the rights that recognizes it this law may be directly brought a claim before the public administration under whose authority carries on her activity. The competent administration shall issue and notify the corresponding resolution, which exhausted the administrative channels and will be directly Executive, in the term determined by the tenth additional provision, or autonomic legislation as appropriate.

2. in the event of a breach of the resolution, public administration will require the person object of claim, ex officio or at the request of the applicant, so that it meets it on its own terms. If requirement outside unattended, public administration may agree to the imposition of periodic penalty payments by the amount determined by the tenth additional provision, or autonomic legislation as appropriate.

3. the amount of the periodic penalty payments referred to in the preceding paragraph shall be calculated according to the public interest of the exercised claim.

Article 22. Popular in environmental action.

Acts and, where appropriate, omissions imputable to public authorities that violate the environment-related regulations listed in article 18.1 may be appealed by any individuals non-profit who meet the requirements laid down in article 23 through appeal procedures regulated in Title VII of law 30/1992 26 November, legal regime of public administrations and common administrative procedure, as well as through contentious-administrative appeal law 29/1998, of 13 July, regulating the contentious jurisdiction.

Acts and omissions attributable excepted to the public authorities listed in article 2.4.2.

Article 23. Legitimation.

1 are entitled to exercise the regulated class action in article 22 any legal persons non-profit certifying compliance with the following requirements: to) who have between accredited in their statutes the protection of the environment in general or that of any of its elements in particular.

(b) at least two years prior to the exercise of the action they had legally constituted and that come actively exercising the activities necessary to achieve the aims laid down in its statutes.

(c) that in accordance with their statutes they develop their activity in a territory that is affected by the action, or in his case, administrative omission.

2. legal persons non-profit referred to in the preceding paragraph shall be entitled to legal aid in the terms provided by law 1/1996, of January 10, of legal aid.

First additional provision. Fee for providing environmental information to the General Administration of the State and its public bodies.

1 creates the rate for the provision of environmental information which shall be governed by this law and other normative sources that for rates set out in article 9 of the law 8/1989, of 13 April, rates and prices public.

2 it is the taxable transactions of the reproduction rate and sending of documents by the General Administration of the State or its public bodies, in any material, with environmental information in documentary sources from the General Administration of the State, when the request for such activity non-voluntary or not provided or made by the private sector.

Shall not be subject to the rate the examination in situ of the information requested and access to any list or register created and maintained under the terms provided for in article 5(3). c) of this law.

3. the fee is accrued at the time of the request for the provision of environmental information, which will not be processed until the fertilizer that becomes payable is uncredited.

When at the time of the request the exigible amount cannot be determined, a prior deposit which will be estimated character subject to the settlement that is practiced, without prejudice to the return of the deposit made in the cases referred to in the following section will be required.

4. proceed the refund rate or the prior deposit constituted, when not taxable for reasons not attributable to the taxpayer.

5 the rate payers are natural or legal persons as well as the entities referred to in article 35.4 of the Act 58/2003, of December 17, General tax, requesting the provision of environmental information which is taxable.

6. exemptions.

(a) subjective exemptions.

Shall be exempt from the payment of the fee information environmental supplies made between entities and bodies belonging to the General Administration of the State, as well as the made to entities and other public administration bodies, except for the entities that comprise the corporate administration.

objective b) exemptions.

They shall be exempt from the payment of the fee: 1 delivery of copies of less than 20 pages DIN A4 format.

2nd sending information via telematics.

7. amounts.

(a) are considered to be elements of quantification of the amount of the fee as follows: 1 the cost of the materials used to support information to supply.

2. the cost of shipment of the requested information.


(b) the establishment and modification of the amounts resulting from the application of the elements of quantification earlier be made by Ministerial order, which shall be accompanied by a financial report in the terms provided in article 20.1 of the Act 8/1989 of 13 April, rates and prices public.

8. the payment of the fee will be made by income in cash on deposit institution authorized by the Ministry of economy and finance, being applicable provisions of the General Regulation of fundraising, approved by Royal Decree 939/2005, of 29 July.

The rate in voluntary period management will be held by the bodies which determine the regulations issued in development of this law.

Second additional provision. Fee for providing environmental information for Local Administration.

Local authorities may establish fees for the provision of environmental information, which shall be governed by the provisions Royal Legislative Decree 2/2004, of 5 March, by which it approves the revised text of the law regulating of the local treasuries, and, in what refers to its taxable and assumptions of non-attachment and Disclaimer , as provided in the first additional provision of this law. All this without prejudice to the of the regional law financial regimes of the historical territories of the Basque country and Navarre.

Third additional provision. Private prices.

1. when the public authorities to disclose environmental information to commercial title may perceive a price in accordance with market values, whenever this is necessary to ensure the continuity of the work of compilation and publication of such information.

(2. such prices can also be perceived by entities or public bodies which act according to rules of private law under the protection as provided in article 2.c) of law 8/1989 of 13 April, rates and prices public.

Fourth additional provision. Procedure for the General Administration of the State.

The General Administration of the State may reserve the power to resolve requests for environmental information they receive public authorities to which refers article 2.4.2 when such persons assume public responsibilities, exercising public functions or providing public services relating to the environment under its authority.

Fifth additional provision. Plans and programmes related to the competence of the General Administration of the State environment.

The preparation, modification and review of plans and programmes provided for in article 17 of this law which is responsible for the General Administration of the State or its public bodies will undergo in their processing procedure regulated by law 9/2006 of 28 April, on assessment of the effects of certain plans and programmes on the environment.

Sixth additional provision. Inter-administrative collaboration.

The Government, within the framework of the Ministry of public administration programs for the promotion of information and communication technologies, will propose within six months of partnerships between administrations which facilitate the application of the law.

Seventh additional provision. Cooperation agreement for the creation of digitized information points.

In order to comply with the obligations in the field of environmental information established in this law, the General Administration of the State can promote the conclusion of agreements of collaboration with the business sector and other organizations to establish points of digitized information.

The eighth additional provision. Information on the implementation of the law on access to environmental information.

Public administrations shall draw up and publish periodic information from statistical on requests for environmental information received character, as well as information on experience gained in the application of this law, guaranteeing the confidentiality of applicants in any case.

For this purpose, as well as for the proper fulfilment of the international obligations of the State, the different public administrations collaborate and exchange information that is necessary.

Ninth additional provision. Telematics records.

Electronic records from the General Administration of the State shall include among its telematic procedures relating to the resolution of requests for environmental information.

Tenth additional provision. Administrative claims raised in the General Administration of the State on the basis of article 21.

1 General Administration of the State must enact and notify the corresponding resolution to the claim referred to in article 21 within a maximum period of three months.

2. at the level of the General Administration of the State, the amount of the periodic penalty payments referred to in article 21 shall not exceed 6,000 euros for each day that goes unfulfilled.

Eleventh additional provision. Training plan within the framework of the General Administration of the State.

The General Administration of the State will implement, within a period of six months from the entry into force of this Act, a specific Plan of training aimed at sensitizing staff at your service with respect to the rights and obligations provided for in this law.

Twelfth additional provision. Dissemination of environmental information by economic operators.

The public administrations shall promote that economic operators, when they are not legally obliged to do so, regularly report to the public on those of their activities or products which have or can have significant effects on the environment.

Sole transitional provision. Dissemination of environmental information available in electronic form, in date prior to the entry into force of this law.

The information referred to in article 7 shall include data collected since February 14, 2003. The data prior to that date will only be included when they already exist in electronic form.

Sole repeal provision. Repeal legislation.

Hereby repealed law 38/1995 of 12 December, on the right of access to information in environmental matters, as well as many provisions of equal or lower rank contradict or oppose the provisions of this law.

First final provision. Modification of the Royal Legislative Decree 1302 / 1986 of 28 June, of environmental impact assessment.

The Royal Legislative Decree 1302 / 1986 of 28 June, environmental impact assessment, is modified in the following terms: one. It introduces a new article 1 bis: "article 1. Bis.

For the purposes of this law: 1. public: any natural or legal person as well as their associations, organizations and groups set up pursuant to the regulation which will be of application.

2 stakeholders: to) all those who comply with any of the circumstances provided for in article 31 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

(b) any legal person non-profit which fulfil the following conditions: 1 you have between accredited in its statutes for the protection of the environment in general or that of any of its elements, in particular, and such purposes may be affected by the environmental impact assessment procedure.

2. take two years legally constituted who come actively exercising the activities necessary to achieve the aims laid down in its statutes.

3rd which according to its statutes to develop its activity in a territory that is affected by the project that is subject to environmental impact assessment."

Two. Article 3 is drawn up in the following way: «article 3.

1. public administrations shall promote and ensure the participation of stakeholders in the processing of authorisation procedures of projects which should be subject to environmental impact assessment and shall take the measures provided for in this Royal Decree to ensure that such participation is real and effective.

To this end, substantive organ shall submit the environmental impact study to which refers article 2 within the applicable procedure for the approval or implementation of the project with the corresponding, and in conjunction with this, to the process of public information and other reports that are established in the same. This procedure be evacuated in those phases of the procedure that all options relating to the determination of the content, extension and definition of the project subject to authorisation and subject to impact assessment are still open and will have a duration of not less than 30 days.

This procedure of public information must also be evacuated by the substantive body in relation to the projects that require the integrated environmental authorisation as provided for in law 16/2002, of July 1, Integrated Pollution Control and prevention.

2 during the evacuation of the public information process, the substantive body shall inform the public of the relevant aspects related to the procedure of authorization of the project and, in particular the following aspects: to) the application for authorisation of the project.


(b) the fact that the project is subject to a procedure of evaluation of environmental impact, as well as that, in their case, can result from application as provided in article 6 in respect of transboundary consultations.

(c) identification of the body competent to resolve the procedure, those from which relevant information can be obtained and those to which observations, allegations and queries may arise, as well as the time available for presentation.

(d) nature of the decisions or, where appropriate, draft or draft decisions that will be taken.

(e) indication of the availability of the information collected pursuant to article 2 of this law and of the date and place or places where such information will be available to the public.

(f) identification of modalities for participation.

3 at the same time, the substantive body will consult with affected Governments that had previously been consulted with regard to the definition of the scope and the level of detail of the environmental impact study and will provide them with the following information, which, in addition, will be put at the disposal of the persons concerned: to) all information collected pursuant to article 2 of this Royal Decree.

(b) all relevant documentation received by the substantive body prior to the evacuation of the formality of public information.

Substantive organ shall inform interested and affected public administration the right to participate in the procedure and the time they can exercise that right. Notification will indicate the competent authority to which comments and allegations that such involvement and the time in which they must be sent is concrete should be remitted. That period shall not be less than 30 days.

4. Likewise, substantive body shall make available to interested and affected public administrations that other information other than that provided in paragraph 3 which only can be obtained once expired the public information process, and that is relevant for the purposes of the decision on the implementation of the project.

5. the results of the consultation and public information must be taken into consideration by promoter in your project, as well as the substantive body in the authorisation of the same.»

3. Article 6 is worded in the following way: «article 6.

1 where it is considered that the implementation of a project can have significant effects on the environment of another Member State of the European Union, or when a Member State that may be significantly affected so requests, the environment agency which must formulate the Declaration of environmental impact, through the Ministry of Foreign Affairs and cooperation, shall notify that State the possibility of opening a period of bilateral consultations to study such effects as well as the measures which, in his case, may agree to eliminate them or reduce them. This purpose, a description of the project, along with all the information on its possible transboundary effects and other information derived from the procedure prior to the authorization of the project will be provided to the Member State in question.

2. If the Member State appears to open this period of consultation, the Ministry of Foreign Affairs and cooperation, consultation to the environmental authority that should make the Declaration of environmental impact, will negotiate with the competent authorities of that State calendar reasonable meeting and formalities which must satisfy queries and the measures that must be taken to ensure that environmental authorities and stakeholders of the State , in measurement that may be significantly affected, have a chance to express its opinion on the draft prior to its authorization.

3. the delegation of the Ministry of Foreign Affairs and cooperation responsible for the negotiation shall include, at least, a representative of the competent public administration for the approval of the project, as well as the corresponding environmental organ, and in any case a representation of the autonomous administration in whose territory go to run this project.

4. the cross-border consultation procedure will occur by means of communication in the body of the public administration competent for the approval of the project addressed to the Ministry of Foreign Affairs and cooperation, accompanied by the documentation referred to in paragraph 1. You will also accompany a concise report prepared by the promoter in which will expose is in a reasoned way the foundations in fact and law which justify the need to inform another Member State the project concerned it. In the communication will identify representatives of public administrations which, where appropriate, have been integrated into the delegation of the mentioned Ministry.

5. If the opening of cross-border consultation period had been promoted by the authority of the Member State likely to be affected by the implementation of the project, the Ministry of Foreign Affairs and cooperation shall inform the competent public administration for the approval of the project and asked the remission of the documentation referred to in the preceding paragraph in order to start the cross-border consultation procedure.

6. the time limits provided for in the rules governing the procedure of authorization of the project shall be suspended until the end of the procedure of transboundary consultations.

7. when a Member State of the European Union communicated that the execution of a project that may have significant effects on the environment in the Spanish State is provided in its territory, the Ministry of Foreign Affairs and cooperation shall inform the Ministry of the environment, which, with the participation of the environmental organs of autonomous communities It will act as the environmental body in the bilateral consultations that are made to study such effects as well as the measures which, in his case, may agree to eliminate them or reduce them.

The Environment Agency will ensure that affected Governments and stakeholders are consulted in accordance with article 3. For this purpose, you will define the terms in which the process of consultations in collaboration with the competent bodies of the autonomous communities affected by the execution of the project promoted by another Member State of the European Union be evacuated."

Four. The first additional provision is worded in the following way: «first additional provision.

The present Royal Decree will not apply to projects related to the objectives of national defense when such application would have a negative impact on such needs. Nor shall apply to projects specifically approved by a law of the State.»

5. Second the additional provision is worded in the following way: «second additional provision.

The Council of Ministers, in the scope of the General Administration of the State and the body that determines the laws of each autonomous community in their respective areas of competence, may, in exceptional circumstances and by motivated agreement, exclude a particular project of the impact assessment procedure.

In such cases, will examine the appropriateness of the excluded project undergo another form of assessment. The exclusion agreement and the reasons which justify it shall be published in the Official Gazette or in the relevant official journal and will be available to interested persons the following information: a) the exclusion decision and the reasons justifying it.

(b) information relating to the review on alternative forms of evaluation of the project excluded.»

6. Add a new paragraph e) in Group 9 «Other projects» of the annex I with the following content: «e) any modification or extension of a project contained in this annex, when such modification or extension meets, alone, the possible thresholds set out in this annex.»

7. Add a new paragraph 4th paragraph to) Group 3 'extractive industry' of annex II with the following content: «4th oil drilling.»

8. The paragraph k) Group 9 of annex II is worded as follows: «k) any change or extension of projects listed in annexes I and II, already authorized, executed or in the process of execution (change or extension not included in annex I) which may have significant adverse effects on the environment, i.e. when either of the following» : 1 significant increase of emissions into the atmosphere.

2 significant increase in discharges to public river beds or the coast.

3rd significant increase in waste generation.

4th significant increase in the use of natural resources.

5th condition for special protection areas designated pursuant to directives 79/409/EEC and 92/43/EEC or wetlands included in the list of the Ramsar Convention.»

Second final provision. Modification of law 16/2002 of 1 July, on Integrated Pollution Control and prevention.


Law 16/2002, of July 1, on prevention, and integrated pollution Control, is changed in the following terms: one. The following definitions are added to article 3: ' or) public: any natural or legal person as well as their associations, organizations and groups set up pursuant to the regulation which will be of application.»

((p) persons concerned: to) all those who comply with any of the circumstances provided for in article 31 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

(b) any legal person non-profit which fulfil the following conditions: 1 you have between accredited in its statutes for the protection of the environment in general or that of any of its elements, in particular, and that such purposes may be affected by a decision making about granting or update of the integrated environmental authorisation or their conditions.

2. take two years legally constituted who come actively exercising the activities necessary to achieve the aims laid down in its statutes.

3rd which according to its statutes to develop its activity in a territory that is affected by the installation to which the integrated environmental authorisation is requested."

Two. Article 14 is drawn up in the following way: «article 14. Processing.

In all those aspects not regulated by this law, the procedure for awarding the integrated environmental authorisation shall comply with provisions of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

The public administrations shall promote the real and effective participation of the people concerned in the procedures for the granting of the integrated environmental authorisation for new installations or those that make any substantial changes in the installation and the procedures for the renewal or modification of the integrated environmental authorisation of a facility pursuant to the provisions of articles 25 and 26.

Public administrations shall ensure that the participation referred to in the preceding paragraph takes place from the early stages of the respective procedures. For this purpose, shall apply to such procedures established in annex 5 forecasts in terms of participation.»

3. A new paragraph 4 is added to article 23: "4. The autonomous communities will make public the administrative resolutions by which had granted or modified integrated environmental authorisations and shall make available to the public the following information: a) the content of the decision, including a copy of the integrated environmental authorisation and any conditions and subsequent updates.

(b) a memory in which collected the main reasons and considerations on which is based the administrative resolution, with an indication of the reasons and considerations on which is based that decision, including information on the public participation process."

Four. Article 27 is drawn up in the following way: «article 27. Activities with cross-border effects.

1. when it is considered that the operation of the facility for which the integrated environmental authorisation is requested may have significant negative effects on the environment of another Member State of the European Union, or when a Member State that may be significantly affected so requests, the competent body of the autonomous community, through the Ministry of Foreign Affairs and cooperation It shall inform that State the possibility of opening a period of bilateral consultations to study such effects, as well as the measures which, in his case, may agree to eliminate them or reduce them. For such purpose, and prior to the resolution of the request, be provided to the Member State concerned a copy of the application and how much information is relevant pursuant to the provisions of annex 5.

2. If the Member State stated its desire to open this consultation period, the Ministry of Foreign Affairs and cooperation, after consultation with the responsible of the autonomous region, will negotiate with the competent authorities of that State calendar reasonable meeting and formalities which must satisfy queries and the measures that must be taken to ensure that environmental authorities and stakeholders of the State , in the measure which may be significantly affected, have a chance to express their opinion about the installation for which the integrated environmental authorisation is requested.

3. the delegation of the Ministry of Foreign Affairs and cooperation responsible for the negotiation shall include, at least, a representative of the competent autonomous community to resolve the request for authorization.

4. the cross-border consultation procedure will occur by means of communication of the competent body of the autonomous community addressed to the Ministry of Foreign Affairs and cooperation, accompanied by the documentation referred to in paragraph 1. You will also accompany a concise memory which will expose is reasoned way the foundations in fact and law which justify the need to bring to the attention of another Member State the application of environmental authorisation concerned and in which the representatives of the competent autonomous community to identify that, where appropriate, have integrated into the aforementioned Ministry delegation.

5. If the opening of cross-border consultation period had been promoted by the authority of the Member State likely to be affected by the operation of the facility for which the integrated environmental authorisation is requested, the Ministry of Foreign Affairs and cooperation shall inform of the body competent in the autonomous community and prompted the remission of the documentation to that referred to in the preceding paragraph in order to start the cross-border consultation procedure.

6. the time limits provided for in the rules governing the granting of the integrated environmental authorisation procedure shall be suspended until the end of the procedure of transboundary consultations. The results of the consultations should be considered properly by the competent body of the autonomous community in resolving the application of integrated environmental authorisation which shall be formally communicated by the Ministry of Foreign Affairs and cooperation to the authorities of the Member State which had participated in the cross-border consultations.

7. when a Member State of the European Union communicated that in its territory has requested an environmental authorization for an installation whose operation can have significant negative effects on the environment in the Spanish State, the Ministry of Foreign Affairs and cooperation shall inform the Ministry of the environment, which, with the participation of the competent bodies of the autonomous communities affected It will act as the environmental body in the bilateral consultations that are made to study such effects as well as the measures which, in his case, may agree to eliminate them or reduce them.

The Ministry of environment will ensure that affected Governments and stakeholders are consulted in accordance with the provisions of article 14 and annex v For this purpose, you will define the terms in which the process of consultations in collaboration with the competent bodies of the autonomous communities affected by the installation to which prompted the environmental authorisation in another Member State of the European Union be evacuated."

5. The transitional provision second is worded in the following way:.»

In these cases, and without prejudice to the arrangements laid down in this law for the substantial modifications, once granted authorisations will be renovated in the periods provided for in the applicable sectoral legislation, and in any case, after five years, complying with the provisions of this Act for existing installations.»

6. Classes 4.1 and 9.3 of annex 1 are worded in the following way: «(Categoría 4.1: Instalaciones químicas para la fabricación de productos químicos orgánicos de base, en particular: b) oxygenated hydrocarbons, such as alcohols, aldehydes, ketones, organic acids, esters, acetates, ethers, peroxides, epoxy resins;»

9.3 category: Installations for intensive rearing of poultry or pigs that have more than: to) 40,000 places if it is laying hens or the equivalent number for other productive orientations of birds.

(b) 2,000 places for pigs of bait of more than 30 kg.

(c) 2,500 places for pigs of bait of more than 20 kg.

750 places for sows breeding.

530 places for sows in closed cycle.


(((d) in the case of mixed farms, in which coexist animals of paragraphs b) and (c)) of this category 9.3, the number of animals to determine the inclusion of the installation in this annex shall be determined in accordance with equivalencies in unit livestock Mayor (UGM) of different types of pig, listed in annex I of Royal Decree 324/2000 «, of 3 March, by which establish basic standards of management of pig farms.»

7. Add a new annex 5: «Annex 5: participation of the public in decision making.»

1 the competent Autonomous Community authority shall inform the public in those phases of initial procedure, always prior to making a decision or, at the latest, as soon as it is reasonably possible to provide information on the following points: to) the application of the integrated environmental authorisation or, where appropriate, for the renewal or modification of the contents of that , in accordance with the provisions of paragraph 4 of article 16.

(b) where appropriate, the fact that the resolution of the request is subject to a national and transboundary environmental impact assessment or to consultations between States members in accordance with the provisions of article 27.

(c) the identification of bodies to resolve, those from which relevant information can be obtained and those who can refer observations or ask questions, with express indication of the term which is available for this purpose.

(d) the legal nature of the resolution of the application or, where appropriate, of the motion for a resolution.

(e) where appropriate, the details concerning the renewal or modification of the integrated environmental authorisation.

(f) the dates and the place or places in which the relevant information, as well as the means used for this purpose will be provided.

(g) modalities for participation of the public and consultation of the public defined pursuant to paragraph 5.

2 the competent bodies of the autonomous communities shall ensure, within appropriate limits, them to be available to interested persons the following information: a) in accordance with national legislation, the main reports and opinions referred to the competent authority or authorities at the time that should be reported to interested persons as provided for in paragraph 1.

(b) in accordance with the provisions of legislation regulating the rights of access to information and participation in environmental public, all information other than referred to in point 1 which is relevant to the resolve of the application, in accordance with the provisions of article 8, and that can only get once expired the reporting period concerned persons regulated in paragraph 1.

3. interested persons shall have the right to show to the competent organ many observations and opinions considers appropriate until the request is resolved.

4. the results of the consultations held pursuant to this annex must be taken into account by the competent authority in resolving the request properly.

5. the competent body of the autonomous region to provide the integrated environmental authorisation shall determine modalities of public information and consultation to interested persons. «Anyway, will establish reasonable time limits for the various stages that give sufficient time for informing the public and for the persons concerned to prepare and participate effectively in the environmental decision-making process pursuant to the provisions of this annex.»

Third final provision. Skill-related title.

This law has the character of basic legislation under cover of the provisions of article 149.1.23. ª of the Constitution. Excepted from the above the following items: 1. Article 19 and the additional provisions third, fourth, fifth, seventh and eighth, which shall only apply to the General Administration of the State and its public bodies.

2. Article 15 and first and second, additional provisions are issued on the basis of article 149.1.14. ª of the Constitution.

3. the provisions of articles 20 to 23, that as regards administrative resources are issued on the basis of article 149.1.18. ª of the Constitution and in relation to resources in contentious under the protection of article 149.1.6. ª of the Constitution.

Fourth final provision. Incorporation of European Union law.

Through this law developed certain rights and obligations recognized in the Convention on access to information, the participation of the public in the decision making and access to justice in environmental matters, done at Aarhus, Denmark, on 25 June 1998; and adapts the existing legal system to the provisions contained in Directive 2003/4/EC, of the European Parliament and of the Council of 28 January 2003 concerning the public access to environmental information and Directive 2003/35/EC, of the European Parliament and of the Council of 26 May 2003, by which establish measures for the participation of the public in the preparation of certain plans and programmes relating to the environment environment and for which are modified, in what refers to public participation and access to Justice Council directives 85/337/EEC and 96/61/EC.

Fifth final provision. Revised text of environmental impact assessment.

The Government shall draw up and approve a revised text in which is regularized, in the term of one year from the entry into force of this law clarify and harmonize the legal regulations in the field of environmental impact assessment.

Sixth final provision. Regulatory development article 16 within the scope of the General Administration of the State.

The Government, within a maximum period of one year from the entry into force of this law, shall adopt a regulation that will develop the contents covered in articles 16, relating to the participation of the public in the procedures of developing standards related to matters referred to in that article 18 and that jurisdiction of the General Administration of the State.

Seventh final disposition. Authorization for development.

The Government, in the scope of their powers, will dictate how many provisions necessary for the implementation and development of the provisions of this law.

Disposal the eighth. Entry into force.

This law shall enter into force the day following its publication in the "Official Gazette", except for the title IV and the first additional provision shall enter into force three months after such publication.

Therefore, command to all Spaniards, private individuals and authorities, which have and will keep this law.

Madrid, July 18, 2006.

JUAN CARLOS R.

The President of the Government, JOSÉ LUIS RODRIGUEZ ZAPATERO annex organizations NGOs belonging to the Advisory Board of friends of the Earth environment.

Ecologists in action.

Greenpeace Spain.

Sociedad Española de Ornitología SEO/Birdlife.

WWF/Association de defense de la Naturaleza (ADENA).