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Real Decree 876/2014, On 10 October, Which Approves The General Regulation Of Costs.

Original Language Title: Real Decreto 876/2014, de 10 de octubre, por el que se aprueba el Reglamento General de Costas.

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TEXT

This regulation is intended to be an effective instrument in achieving the principles that inspired the modification of the legislation on coasts, namely the protection of the coastline and legal certainty.

To achieve this, it reviews certain aspects of the 1989 Regulation such as the technical criteria that are necessary for the determination of maritime-terrestrial public domain, based on a broad technical debate and experience accumulated in the realization of the deslindes. With regard to the new system of flooded land, guarantees are introduced to ensure that land which, having been wetlands in accordance with water legislation, has ceased to be empty of aquifers, is not excluded from the public domain.

On the other hand, the intervention of the Land Registry and the Catastro is regulated in the deslindes. At the same time, it develops novel elements such as the regime applicable to the tranches in a situation of severe regression, or the different occupation requirements according to the beaches are natural or urban.

Since 1989, a number of rules have been enacted which must necessarily be taken into account both in the wording and in the subsequent application of this regulation. Being the land-based maritime public domain an essential part of our natural heritage, it cannot be regulated or managed without having any other legislation that is applicable to it; in particular, Law 41/2010 of 29 December, Protection of the Marine Environment, as well as the future rules to be adopted in transposition of Directive 2014 /89/EU establishing a framework for the management of maritime space, in respect of which it should not be forgotten that it is in force, Since March 2011, the Protocol for Integrated Coastal Zone Management. Furthermore, with an area of application that exceeds the terrestrial maritime public domain, but equally relevant, account should also be taken of Law 42/2007, of 13 December of Natural Heritage and Biodiversity, the Jakarta Mandate of 1995 and the European Landscape Convention.

Also this General Coasts Regulation develops in detail the regime of the extraordinary extension of the concessions referred to in Article 2 of Law 2/2013 of 29 May, of protection and sustainable use of the the littoral and amendment of Law 22/1988, of 28 July, of costs-key part of the reform of 2013-fixing, in the case of ordinary concessions, the maximum period of duration of the extension on the basis of the uses, which may in no case be exceed seventy-five years.

In short, this new regulation has the unequivocal vocation of collaborating with the law to protect the maritime-terrestrial public domain.

As matters stand out, the rules of law each article and, as a matter of fact, indicate the article of the law that reproduces, even if not in all cases, literally.

During its processing, this regulation has been submitted to public information, in which numerous sectors, agencies and entities have participated. It has also been requested to report to the affected ministerial departments and has been submitted to the Environment Advisory Board for deliberation.

In its virtue, on the proposal of the Minister of Agriculture, Food and Environment, with the prior approval of the Minister of Finance and Public Administrations, according to the State Council, and after deliberation of the Council of Ministers at its meeting on 10 October 2014,

DISPONGO:

Single item. Approval of the General Coasts Regulation.

The General Coasts Regulation is hereby approved, the text of which follows.

Single repeal provision. Regulatory repeal.

The General Regulation for the Development and Enforcement of Law 22/1988 of 28 July 1988, approved by Royal Decree 1471/1989 of 1 December 1989, and any rules of equal or lower rank, are hereby repealed. to the provisions of the regulation that this royal decree approves.

Final disposition first. Title of competence for the approval of the General Costs Regulation.

This rule is approved under the terms of Article 149.1.1. and 23. of the Constitution, which attribute to the State exclusive competence in the regulation of the basic conditions that guarantee the equality of all the Spanish in the exercise of the rights and in the fulfilment of the constitutional duties and the basic legislation on environmental protection, without prejudice to the powers of the autonomous communities to establish additional norms of protection.

However, Chapters V, VI and VII of Title III, the eighth additional provision, the transitional provisions first to fifth, thirteenth to seventeenth, twenty-third, twenty-fifth and twenty-sixth constitute basic legislation on administrative contracts and concessions, and are issued under the provisions of Article 149.1.18. of the Constitution.

The seventh additional provision is made under the jurisdiction conferred upon the State in the field of civil law by clause 8. of Article 149.1 of the Constitution.

Final disposition second. No increase in public spending.

The measures included in this rule may not result in an increase in appropriations or remuneration or other personnel costs.

Final disposition third. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, 10 October 2014.

FELIPE R.

The Minister of Agriculture, Food and the Environment,

ISABEL GARCÍA TEJERINA

GENERAL COSTS REGULATION

Preliminary title. Purpose and purpose (art. 1 and 2).

Title I. Maritime-terrestrial public domain assets.

Chapter I. Classification and definitions (art. 3 to 9).

Chapter II. Unavailability.

Section 1. Prevalence of the public domain (art. 10 to 13).

Section 2. 'Administration Potestades' (art. 14 to 16).

Chapter III. Deslindes.

Section 1. First General Object and Principles (art. 17 and 18).

Section 2. First Procedure (art. 19 to 29).

Section 3. Effects (art. 30 to 32).

Section 4. Inregistration of farms adjacent to the public maritime-terrestrial domain (art. 33 to 36).

Chapter IV. Affectation and disaffection (art. 37 to 39).

Title II. Property limitations on contiguous land on the sea side for reasons of protection of the maritime-terrestrial public domain.

Chapter I. Objectives and General Provisions (Art. 40 to 43).

Chapter II. Legal easements.

Section 1. First Protection Server (art. 44 to 51).

Section 2. First Transit Server (art. 52).

Section 3. "Access to the Sea" (art. 53 to 56).

Chapter III. Other property limitations (art. 57 to 58).

Chapter IV. Area of influence (art. 59).

Title III. Use of the public maritime-terrestrial domain.

Chapter I. General provisions.

Section 1. General Conditions of Use (Art. 60 to 64).

Section 2. The use of the beaches (art. 65 to 74).

Section 3. Other Common Principles (art. 75 to 84).

Chapter II. Projects and works (art. 85 to 101).

Chapter III. Reservations and subscriptions.

Section 1. Reservations (art. 102 and 103).

Section 2. 104 to 109).

Chapter IV. Authorizations.

Section 1. General Provisions (art. 110 to 112).

Section 2. Services of the season of beaches (art. 113 and 114).

Section 3. Vertidos (art. 115 to 125).

Section 4. Extraction of aggregates and dredging (art. 126 to 130).

Chapter V. Concessions (art. 131 to 150).

Chapter VI. Provisions common to authorisations and concessions.

Section 1. Pliegos of general conditions (art. 151).

Section 2. 152 to 157).

Section 3. First Concourses for Granting (art. 158 to 160).

Section 4. Terms of Grant (art. 161).

Section 5. Amendment (art. 162).

Section 6. Extinction (art. 163 to 171).

Chapter VII. Extension of the concessions granted under the regulations prior to Law 2/2013 of 29 May (art. 172 to 178).

Title IV. Economic-financial regime of the use of public maritime-terrestrial domain.

Chapter I. Financing of works and other actions (art. 179 to 180).

Chapter II. Canyons (art. 181 to 184).

Chapter III. Bonds (art. 185 to 189).

Chapter IV. Rating of rescues (art.190).

Title V. Infractions and penalties.

Chapter I. Infractions (art. 191 to 195).

Chapter II. Penalties.

Section 1. General Provisions (art. 196 to 200).

Section 2. Mules (art. 201 to 206).

Section 3. Restitution And Replacement and Compensation (art. 207).

Section 4. Abono of fines and allowances (art. 208).

Chapter III. Procedure and means of execution.

Section 1. First Procedure (art. 209 to 214).

Section 2. 215 to 218).

Section 3. Public Action (art. 219).

Title VI. Administrative powers.

Chapter I. Powers of the General Administration of the State (art. 220 to 223).

Chapter II. Powers of the Autonomous Communities. (art. 224).

Chapter III. Municipal competences (art. 225).

Chapter IV. Interadministrative relations (art. 226 to 227).

Chapter V. Impeachment of acts and agreements (art. 228).

Additional provisions.

First. Development of additional provision 3rd Law 22/1988 of 28 July.

Second. Development paragraph 1 additional provision 10th Law 22/1988 of 28 July.

Third. Development of additional provision 11th Law 22/1988 of 28 July.

Fourth. Development additional provision second Act 2/2013, of 29 May.

Fifth. Development of additional provision 3rd Law 2/2013 of 29 May.

Sixth. Development of the additional provision fourth Law 2/2013 of 29 May.

Seventh. Development of the fifth and sixth additional provisions of Law 2/2013 of 29 May.

Eighth. Regime of concessions or authorizations granted by the autonomous communities in transferred state ports and port facilities.

Ninth. Concept of interested party in accordance with Law 27/2006, of July 18.

10th. Competence of Government Delegates in the Cities of Ceuta and Melilla.

Transitional provisions.

First. Development paragraph 1 transitional provision first Law 22/1988, of 28 July.

Second. Development paragraph 2 transitional provision first Law 22/1988, of 28 July.

Third. Development paragraph 3 transitional provision first Law 22/1988, of 28 July.

Fourth. Development paragraph 4 transitional provision first Law 22/1988, of 28 July.

Fifth. Development paragraph 5 transitional provision first Law 22/1988, of 28 July.

Sixth. Development paragraph 1 transitional provision Second Law 22/1988, of 28 July.

Seventh. Development paragraphs 2 and 3 transitional provision Second Law 22/1988 of 28 July.

Eighth. Development paragraph 1 transitional provision third Law 22/1988, of 28 July.

Ninth. Development paragraph 2 transitional provision third Law 22/1988, of 28 July.

10th. Development paragraph 3 transitional provision third Law 22/1988, of 28 July.

11th. Compliance with the rules for the protection of spatial planning and urban planning.

12th. Development paragraphs 5 and 6 transitional provision third Law 22/1988 of 28 July.

13th. Development paragraph 1 transitional provision fourth Law 22/1988, of 28 July.

Fourteenth. Development paragraph 2 transitional provision fourth Law 22/1988, of 28 July.

15th. Development paragraph 3 transitional provision fourth Law 22/1988, of 28 July.

sixteenth. Regime of the review of concessions granted prior to the entry into force of Law 2/2013 of 29 May.

seventeenth. Development paragraph 1 transitional provision Sixth Law 22/1988 of 28 July.

Eighteenth. Development paragraph 2 transitional provision Sixth Law 22/1988 of 28 July.

Nineteenth. Development paragraph 1 transitional provision seventh Law 22/1988 of 28 July.

Twenty-one. Development paragraph 2 transitional provision seventh Law 22/1988 of 28 July.

Twenty-first. Development paragraph 3 transitional provision seventh Law 22/1988 of 28 July.

Twenty-second. Development provision transitional first Law 2/2013, of 29 May.

Twenty-third. Transient application of the requirements to be a dealer.

Twenty-fourth. Deadline for the delimitation of the natural and urban sections of the beaches.

Twenty-fifth. Adaptation of the concessional titles carried over to the provisions of this regulation.

Twenty-sixth. Existing occupations from extinct or processed securities.

PRELIMINARY TITLE

Object and purpose

Article 1. Object.

This regulation aims at the development and implementation of Law 22/1988 of 28 July 1988 and Law 2/2013 of 29 May on the protection and sustainable use of the coast and amending Law 22/1988 of 28 May 1988. July, of Costas, for the determination, protection, use and policing of the maritime-terrestrial public domain and especially of the riverbank.

Article 2. Finnish.

Administrative action on the maritime-terrestrial public domain will pursue the following purposes:

(a) Determine the maritime-terrestrial public domain and ensure its integrity and proper conservation, by adopting, where appropriate, the necessary protective and restoration measures and, where appropriate, adaptation, taking into account effects of climate change.

(b) Ensure the public use of the sea, its riverbank and the rest of the public maritime-land domain, without any exceptions resulting from duly justified public interest reasons.

c) To regulate the rational use of these goods in terms of their nature, their purpose and with respect to the landscape, the environment and the historical heritage.

d) To obtain and maintain an adequate level of quality of the waters and the sea shore (Article 2 of Law 22/1988, of July 28).

TITLE I

Maritime-terrestrial public domain assets

CHAPTER I

Classification and definitions

Article 3. Maritime-terrestrial public domain property by determination of the Constitution and the Law of Costs.

They are state-land-land public domain goods, pursuant to the provisions of Article 132.2 of the Constitution and 3 of Law 22/1988, of July 28:

1. The riverbank and the rias, which includes:

(a) The maritime-terrestrial zone or space between the low-slags or the maximum live equinoccial line and the limit to where the waves reach in the largest known temporary ones, in accordance with the technical criteria that Article 4 of this Regulation or, where it exceeds it, that of the maximum live equinoccial pleamar line. This area is also extended by river margins to the site where the effect of the tides is made sensitive.

The marshes, albuferous, marjales, steros and, in general, the parts of the low lands that are flooded as a consequence of the flow and reflux of the tides, waves or water filtration are considered to be included in this zone. of the sea.

However, land that is artificially and controllably flooded, as a result of works or installations carried out for the purpose, will not become part of the public maritime domain. flooding were not in the public domain. For these purposes, it shall be understood that a field has been artificially and controllably flooded when, for its inundation, the performance of works or installations covered by the corresponding administrative title has been required, at the end of the which the land is not permanently connected to the sea or is communicated to the sea in a controlled manner.

b) The beaches or areas of deposits of loose materials, such as sands, gravel and pebbles, including beetle, berms and dunes. The latter shall be included up to the limit necessary to ensure the stability of the beach and the defence of the coast.

2. The territorial sea and inland waters, with their bed and subsoil, defined and regulated by their specific legislation.

3. The natural resources of the economic zone and the continental shelf, defined and regulated by their specific legislation.

4. For the purposes of this rule it is understood by:

a) Albufera: bodies of coastal waters that are physically separated from the ocean, in greater or lesser extent by a strip of land.

b) Berma: almost horizontal part of the beach, interior to the steep slope or slope caused by the swell.

(c) Dunes: sedimentary deposits, consisting of sand mounds, whether or not they have vegetation, which are fed by the sand carried by the action of the sea, the sea wind or by other causes. For the purposes of determining the public maritime-terrestrial domain the different types of dune shall be differentiated:

Dune in development or embryonic. Duna with very little vegetable cover.

Dune at offset or evolution. Dune little or nothing vegetated, formed by loose sand, advancing from the coast to inland by the action of the sea wind.

Primary Dune. Duna with partial vegetation coverage.

Secondary. Non-stabilized dune or displacement with herbaceous vegetation coverage that can reach up to one hundred percent and/or bushy woody vegetation or tree tree that can reach up to seventy-five percent of its surface.

Stabilized. A stable dune, colonized by woody or arboreal woody vegetation, in more than seventy-five percent of its surface.

Duna relicta. Dune formed in another geological time that has been isolated inland or hung over a rocky coast, without any link to any beach.

For the calculation of the percentages fixed, the entire surface of the dune shall be used. The percentage of vegetation is understood as referring to the projection of the aerial part of the tree or bush on the ground. In the calculation of the percentage, the revegetations made after the entry into force of Law 2/2013, of 29 May, will not be computed.

d) Escarpe: vertical step on the beach formed by erosion of the berm.

e) Estero: canes in a marisma.

f) Marisma: very flat and low ground which is periodically flooded as a result of the flow and reflux of the tides or the seepage of the sea water.

g) Marjal: low ground covered by a water mantle that supports abundant vegetation.

Article 4. Technical criteria for the determination of the land-land area and the beach.

The following criteria shall be taken into account in the determination of the land-land and the beach, in accordance with the definitions set out in the previous article:

(a) In order to fix the limit to where the waves reach in the greatest known temporary ones, the variations of the sea level due to the tides and the waves shall be considered. This limit shall be reached at least 5 times over a period of 5 years, except in exceptional cases where the best existing scientific evidence demonstrates the need to use another criterion.

To calculate the extent of a time the maximum waves recorded with buoys or satellites or calculated through oceanographic or meteorological data shall be used.

b) Sea level variations due to tides will include the overlapping effects of astronomical and meteorological. No account shall be taken of the waves of greatest period of seismic or resonance origin, the presentation of which does not occur sequentially.

c) They are considered necessary to guarantee the stability of the beach and the defense of the coast the dunes that are in development, displacement or evolution due to the action of the sea or the marine wind, the primary dunes and the secondary dunes to its inner edge. It is understood that they are not necessary to guarantee the stability of the beach and the defense of the coast the relict dunes and the stabilized dunes, except in those exceptional cases in which the best available scientific evidence shows that the A stabilized dune is necessary to ensure the stability of the beach and the defense of the coast.

Article 5. Maritime-terrestrial public domain goods by legal determination.

Belong, likewise, to the state maritime-terrestrial public domain:

1. The accessions to the sea bank by deposit of materials or by the removal of the sea, whatever the causes.

2. The land gained from the sea as a direct or indirect consequence of works and the desiccated on its bank.

3. Land whose surface is invaded by the sea, provided that the invasion takes place for reasons other than those provided for in the last paragraph of Article 3.1 (a) of this Regulation and, in any case, provided that the land is flooded. navigable.

4. The cliffs sensibly vertical, which are in contact with the sea or with spaces of public maritime-terrestrial domain, until their coronation.

For these purposes, they are considered to be substantially vertical cliffs, those whose parament, as an average, can be assimilated to a plane that forms an angle with the horizontal plane equal to or greater than 60 degrees sexagesimal. Existing berms or stagings shall be included in their definition before their coronation.

5. The grounds of public domain that for any cause have lost their natural characteristics of beach, cliff, or land-land area, except as provided for in Articles 18 of Law 22/1988, of 28 July and 38 of this rules.

6. Islets in inland waters and territorial sea.

7. The land incorporated by the concessionaires to complete the area of a land-land public domain concession granted to them, when this is established in the concession clauses.

These land of particular property will be incorporated into the public domain from the date on which the corresponding delivery act by the concessionaire and by the representative of the Ministry of Agriculture, Food and the Environment. For these purposes, the concessionaire shall provide the supporting documentation of his or her domain.

8. The land adjacent to the sea bank that is acquired for incorporation into the public maritime-land domain.

9. The works and facilities constructed by the State in that domain.

10. The works and installations for the lighting of maritime coasts and signs, constructed by the State, whatever their location, as well as the areas affected in the service thereof, which shall be regulated by the provisions of the recast text of the Law of Ports and the Merchant Navy, approved by Royal Legislative Decree 2/2011, of 5 September.

11. The ports and port facilities of state ownership, which shall be regulated by their specific legislation.

Article 6. Additional provisions on maritime-terrestrial public domain goods by legal determination.

1. The provisions of the previous Article shall also apply to rivers and river mouths as far as the effect of the tides is sensitive.

2. The land does not fall under Article 9 of this Regulation and the first paragraph of Article 9 (5) of Law 22/1988 of 28 July, which is of course inundation, the flood of which has been prevented by means of flooding artificial, such as walls, embankments, gates or other similar systems, form part of the public maritime-terrestrial domain, as laid down in Articles 3.1 (a) of Law 22/1988, of 28 July, and of this regulation.

3. The ports and port facilities of competition of the autonomous communities shall be regulated by their specific legislation, without prejudice to the State ownership of the property under the provisions of Article 49.1 of the Law. 22/1988 of 28 July, and on the spaces of public maritime-terrestrial domain that are granted in concession, in accordance with the provisions of Articles 64 and 65 of the aforementioned law, in order to serve as a support to a concession of competences of those.

Article 7. Islands.

The islands that are formed or formed by natural causes, in the territorial sea or in inland waters or in the rivers to where the tides are made sensitive, except those of property, are also of state public domain. private individuals or public entities or come from the dismemberment of the latter, in which case they shall be subject to the public domain of their land-land area, beaches and other goods which have this character in accordance with the provisions of Articles 3 and 4 of the Law 22/1988 of 28 July 1988 (Article 5 of Law 22/1988 of 28 July 1988).

Article 8. Other land-land public domain goods.

They will also form part of the state maritime-terrestrial public domain, of the type of membership that corresponds in each case by application of the provisions of the previous articles:

(a) The spaces which must be such in accordance with the provisions laid down in the first and second transitional provisions of Law 22/1988 of 28 July and consistent with this Regulation.

(b) The land of State Heritage which is affected by the use of the public domain in accordance with the provisions of Articles 17 of Law 22/1988, of 28 July and 37 of this Regulation.

(c) Land of particular property which is incorporated into the public land-land domain by transfer, expropriation, affectation or any other type of acquisition, in accordance with the provisions of Law 22/1988 of 28 July, and in this regulation, once the express acceptance of the delivery of the same by the Ministry of Agriculture, Food and Environment is carried out.

Article 9. Works of defence.

1. The owners of the land threatened by the invasion of the sea or the sands of the beaches, by natural or artificial causes, will be able to build defense works, prior authorization or concession, provided they do not harm the beach or the area (a) land-maritim-land, or undermine the relevant legal constraints and easements.

2. In another case, the land invaded will become part of the public maritime-terrestrial domain, as it appears from the corresponding deslinde (article 6 of Law 22/1988, of July 28).

3. All this is without prejudice to the application of Article 13a of Law 22/1988 of 28 July, where applicable.

4. Authorisation shall be required where the works are to be placed on private land affected by the easements and the corresponding administrative title where they are to be used by the public domain.

5. The works to be carried out must not interrupt the transit easement, unless it is motivated to justify their need, guaranteeing, in any case, an alternative location of said serfdom, outside the bank of the sea.

6. The processing of applications may be suspended pending the resolution of the file on the deslinde of the relevant stretch of coast, except in the case of goods having the character of the public domain land-land or emergency works provided for in Articles 12 (7) of Law 22/1988 of 28 July 1988 and Article 20 (3) of this Regulation.

7. In the event of an emergency, the Peripheral Coast Service may authorise the adoption of provisional measures of defence, subject to the formalisation of the economic guarantees which, where appropriate, proceed as laid down in Articles 36 of the Law 22/1988 of 28 July 1988 and 78 of this Regulation, and a commitment by the person concerned to request within one month from that authorization for interim measures the relevant concession or authorization and to comply with the decision arising from the file to be instructed.

CHAPTER II

Unavailability

Section 1. First Prevalence of the Public Domain

Article 10. Inalienable, imprelibility and inembargability of maritime-terrestrial public domain goods.

In accordance with the provisions of Article 132.1 of the Constitution, the property of maritime-terrestrial public domain is inalienable, imprescriptible and impracticable (article 7 of Law 22/1988, of July 28).

Article 11. Rights to maritime-terrestrial public domain goods.

For the purposes of the previous article, no more rights than those of use and use acquired in accordance with Law 22/1988 of 28 July, lacking any obstative value against the public domain, will be allowed. private, however long they may be in time and even if they appear covered by the Land Registry (Article 8 of Law 22/1988, of July 28).

Article 12. Continuity of the public maritime-terrestrial domain.

1. No land of property other than the demanial of the State may exist in any of the belongings of the public maritime-terrestrial domain, nor even in the case of lands gained from the sea or dried in its riverbank, without prejudice to the established in Articles 49 of Law 22/1988, of 28 July, and 104 of this Regulation.

2. Administrative acts which infringe the provisions of the preceding paragraph (Article 9 of Law 22/1988 of 28 July) shall be null and void.

3. The acts of individuals in fraud of the said provision shall not prevent the proper application of that provision.

Article 13. Actions for the protection of maritime-terrestrial public domain.

The General Administration of the State will be obliged to exercise the necessary actions for the integrity and protection of the maritime-terrestrial public domain, not being able to break into the demands that affect the ownership of the assets that integrate it.

Section 2

Article 14. Powers of the General Administration of the State on the property of maritime-terrestrial public domain.

1. The General Administration of the State has the right and the duty to investigate the situation of the goods and rights that are presumed to belong to the maritime-terrestrial public domain, to which effect it will be able to collect all the data and reports that consider necessary and promote the practice of the corresponding unlinde.

2. It shall also have the power of recovery, ex officio and at any time, on such assets in accordance with the procedure laid down in Article 16 of this Regulation.

3. Protective measures shall not be admissible against decisions given by the General Administration of the State in the exercise of the powers laid down in Law 22/1988 of 28 July 1988 and in accordance with the procedure laid down (Article 10 of the Treaty). Law 22/1988, of July 28).

Article 15. Procedure for the investigation of land-land public domain goods.

1. The power of inquiry shall be exercised by the Ministry of Agriculture, Food and the Environment, either on its own initiative or at the request of any person, to whom the opening of the file shall be notified, where appropriate.

2. Under the investigation file, the Peripheral Costs Service shall carry out the tests which it considers relevant for the verification of the physical characteristics and the legal status of the goods under investigation, and may open, if considers appropriate, a period of public information for a period of one month. For duly substantiated exceptional reasons, this period may be reduced to 15 days.

3. The investigation shall be terminated by the following decision:

a) Promote post-disaster recovery file.

b) Start the corresponding unlinde.

c) Archive the performances.

Such a resolution shall in any case be motivated and communicated to the person who initiated his or her commencement, if any.

Article 16. Procedure for the possession of land-land public domain property.

1. The power of post-recovery recovery shall be exercised by the Ministry of Agriculture, Food and the Environment, either on its own initiative or at the request of any person.

2. Such power may in any case be exercised in respect of goods in the public domain under the terms of the rules. Where it does not exist, it may only refer to portions of the public maritime-terrestrial domain, in respect of which its demanial character can be fully and imprinted.

3. When the file is initiated by agreement of the Peripheral Coast Service, the occupant shall be notified of the fact that within eight days, he or she considers it appropriate in his defence.

4. The resolution and execution shall be the responsibility of the Peripheral Coast Service, which may request from the Government Delegate or Subdelegation the collaboration of the State Security Forces and Corps. Where necessary, the procedure laid down in Articles 108 of Law 22/1988 of 28 July and 218 of this Regulation shall be followed.

5. The provisions of the above paragraphs are without prejudice to the imposition of administrative penalties which may result and the usurpation being brought to the attention of the judicial authority when it provides evidence rational to be liable for criminal liability.

CHAPTER III

Deslindes

Section 1. First General Object and Principles

Article 17. Determination of the maritime-terrestrial public domain.

1. For the purposes of determining the public-land-land domain, the general administration of the State shall take the necessary steps, in accordance with the characteristics of the goods which it comprises in accordance with the provisions of Articles 3, 4 and 5 of Law 22/1988, of July 28, and concordant with this regulation.

2. The General Administration of the State must register the assets of public land-land, according to Law 33/2003, of 3 November, of a Heritage of Public Administrations (Article 11 of the Law). 22/1988, of July 28).

3. The Ministry of Agriculture, Food and Environment will carry the updated archive of documents and plans of the deslindes of the public maritime-terrestrial domain, with individual tokens, which can be replaced by a susceptible data bank of computer processing, which will contain the sites and classes of goods that integrate it. Such an instrument shall be public for data which must be of such a nature in application of Law 27/2006 of 18 July on the rights of access to information, public participation and access to justice in the environmental matter.

4. In ports and port facilities, whatever their ownership, the deslinde of the maritime-terrestrial public domain will be practiced, subject to the provisions of Law 22/1988, of July 28, and in this regulation, whether or not with the delimitation of the port service area. The definition of the service area shall be in accordance with the provisions of the applicable specific legislation.

Article 18. Determination of the limit of public-land public domain.

1. The inlinde will always determine the internal boundary of the maritime-terrestrial public domain, without prejudice to the possibility of delimiting the different kinds of belongings that integrate it. Where the said internal limit does not coincide with that of the sea side, it shall be fixed in any case, in addition to that of the latter. However, the amojoning shall only reflect the internal limit of the public domain.

2. The limit of the public domain shall be set at the corresponding level by means of a polygonal line which shall be used as a reference point, correcting, where appropriate, the natural curves of the terrain.

3. In the same plane, the internal boundary of the protection servitude zone shall always be marked.

Section 2. First Procedure

Article 19. Opening.

1. The deslinde shall be initiated on its own initiative or at the request of any interested party, and shall be approved by the General Administration of the State. The time limit for notification of the decision of the deslinde procedures shall be 24 months from the date of publication of the opening agreement of the deslinde file (Article 12.1 of Law 22/1988 of 28 July).

2. In the event of initiation at the request of a party, the party must pay the corresponding fees. These deslindes shall be processed on a preferential basis.

3. For the purposes of the opening of the file, the Peripheral Coast Service shall forward to the Directorate-General for Sustainability of the Coast and the Sea a proposal containing a plan of provisional delimitation of the public domain and the area of protection easement, accompanied by any photographs and data necessary for the justification of the proposal.

In view of this proposal, the opening of the file will be ordered, if deemed appropriate.

Article 20. Effects of the opening.

1. The opening of the file shall entitle the General Administration of the State to carry out or authorize, even on private grounds, the necessary data and the necessary conditions, without prejudice to the compensation provided by the State in question. the damages caused and as a result of the fact that it is definitively approved (Article 12.3 of Law 22/1988 of 28 July 1988).

2. The agreement to initiate the deslinde file shall entail the suspension of the granting of concessions and authorizations in the public maritime domain and in its area of protection, to which effect it shall be published together with the estimated area of the estimated area of the land and of that area (Article 12 (5) of Law 22/1988 of 28 July 1988).

This suspension shall not apply to the granting of concessions and authorizations for the occupation of goods that have the undoubted character of maritime-terrestrial public domain.

The resolution of the unlinde file will imply the lifting of the suspension.

3. However, emergency works to prevent or repair damage in accordance with Article 9.6 of this Regulation may be carried out, subject to the authorization of the General Administration of the State.

4. The powers that this article attributes to the General Administration of the State shall be exercised by the Ministry of Agriculture, Food and the Environment through the Peripheral Coast Service.

Article 21. Procedure.

1. The procedure shall be followed by the owners who are included in the land-based maritime public domain and the adjacent owners, after notification, as well as the persons who prove the status of the persons concerned, taking such consideration into account. legitimate organisations under Article 2.2 of Law 27/2006 of 18 July.

2. The Peripheral Service of Costs, once elaborated the plan of provisional delimitation of the area of public domain and of the protection easement, and obtained from the Electronic Headquarters of the General Directorate of the Catastro the cadastral planes and the descriptive and graphic certificates of the buildings concerned, where the cadastral reference and the identification data of the cadastral and adjoining operators are recorded, shall be carried out within 15 days of the opening of the file to:

(a) The publication of the notice of initiation of the file in the Official Gazette of the Province, in its own bulletin board and in a newspaper of the most circulation in the province, as well as in the electronic headquarters of the Ministry of Agriculture, Food and the Environment, in order to enable any interested party to appear on the file within one month, to examine the provisional delimitation of the area of public domain and the area of servitude of protection and to make any allegations deemed appropriate.

(b) The application for a report to the Autonomous Community and to the City Council, referring to that effect, copies of the plans of placement and provisional delimitation of the public domain and the zone of servitude of protection and the cadastral documentation. After the period of one month without the receipt of the report, it shall be deemed to be favourable. The request for the precautionary suspension of the granting of work licenses in the area affected by the dislinde shall be included in the request to be cured to the City Council.

c) The notification to the Registry of the Property of the opening agreement of the deslinde file, accompanied by the plan of the area to disindar and the relation of owners, interested in the certification of the domain and the loads of the farms registered in the name of the owners included in the file and any other owners that colinden or intersect with the public maritime-terrestrial domain, as they result from the plane contributed and the cadastral planes, as well as the constancy of the opening of the file in the portfolio of each of them.

This certification must be issued within one month, extended to a maximum of two months for justified reasons and upon request of the registrar of the property.

The plane of the area affected by the deslinde must be duly recorded, with identification of the parcels, accompanied by the referred cadastral documentation so that the Registrar of the Property, when issuing the certification, verify the correspondence of the owner relationship with the contents of the registered seats or show the discrepancies resulting from them. If non-registered farms are included in the file, the Peripheral Coast Service may request at the same time that preemptively be taken prior to the lack of prior registration.

3. On a simultaneous basis to the issue of the said certification, the Registrar shall extend a marginal note in the portfolio of the farms of which he certifies, in which he shall record:

(a) The initiation of the deslinde file, with an indication of the data allowing for its identification as well as the date of the opening agreement of the deslinde and its publication.

b) The issuance of the domain certification and loads of the farms affected by the deslinde.

(c) The warning that such farms may be affected by the deslinde and consequently be incorporated, in whole or in part, into the public maritime-land domain or be included in whole or in part in the area of protection or transit easement.

d) The circumstance that the approval resolution of the deslinde procedure will serve as a title to rectify the conflicting legal situations with the unlinde.

This marginal note will be canceled when you practice the enrollment or annotation of the resolution approving the deslinde case. It may also be cancelled at the request of the Peripheral Coast Service or by a judicial decision, and in any case by expiry, after three years from its date, although the extension of its validity may be requested for a period of time. not more than three years, which shall be recorded in the portfolio on a marginal note prior to the expiry of the initial period.

All communications and referrals of documents and information between the Peripheral Coast Services and the Land Registry will be carried out preferably by electronic means through the Electronic Headquarters of the Records.

4. In any case, adequate coordination between the topographical plans used in the processing of the procedure and the cadastral mapping shall be ensured.

5. When the state-harbour public domain is affected by the deslinde, the deslinde file, before its approval, will be sent to the Ministry of Public Works so that, within two months, it will issue a report on the matters affecting its powers. In the event of a discrepancy between the two ministries on the deslinde of the harbour public domain, the Council of Ministers will decide (article 12.2 of Law 22/1988, of July 28).

Article 22. Apet of the unlinde.

Obtained the information referred to in paragraph 2 of the previous Article, the Peripheral Coast's Peripheral Service shall be on the spot, at least ten days in advance, together or grouped by sections of the linde, to the owners who are included in the land-based maritime public domain and those who are adjacent to them, individually or to the representatives of the owners ' communities where they are constituted, and to whom they have established their status as interested in the application of the de-linde file, taking such a view organisations entitled under Article 2.2 of Law 27/2006 of 18 July, as well as to the City Council and the Autonomous Community concerned, to show them the provisional delimitation of the public domain by means of their appeal, Service to lift minutes. The owners and persons concerned, who may in any event attend the act of appeal and plead as appropriate, shall have a period of 15 days to make representations and to propose a reasoned alternative.

Article 23. New registered farms affected by the unlinde.

1. If, during the processing of the file, knowledge of the existence of new registered farms affected by the deslinde, not included in the certification, is known, the registrar will be asked to carry out the certification of and to extend the marginal note provided for in Article 21.3 of this regulation in the farm's portfolio.

2. Such action may also be carried out on its own initiative, where the omission of the farm concerned in the certificate issued for the opening of the deslinde file is appreciated by the registrar of the property, which shall be the case notified both to the Peripheral Coast Service and to all holders who have any registered right, in the form laid down in Article 31.2.b) of this Regulation, to enable them to appear on the file, Record of the practice of such notifications.

3. In all information recorded on farms which, according to the cadastral mapping, intersect or colinden with the terrestrial maritime public domain, this circumstance will be revealed as associated territorial information and will be included identification data of the deslinde file when it is recorded as being initiated by an indicative note and the effects that may result from it.

This information shall also be reported in the rating or release notes for the documents that are submitted after the marginal note of the opening of the deslinde file.

The same publicity will occur regarding farms affected by the protection and transit easement zone.

Article 24. Project of unlinde.

1. In practice the actions provided for in Articles 21, 22 and 23 of this Regulation, the Peripheral Coast Service shall formulate the project for the project, which shall include:

(a) Memory, with a description of the actions carried out and incidents produced and with justification of the line of proposal and other delimitations provided for in Article 18 of this Regulation, of the reports issued and claims submitted.

(b) topographic plates at scale of not less than 1/1,000, with the layout of the line of deslinde and the indicated delimitations, duly collected in the cadastral planes.

c) Statement of conditions for the repose and subsequent amojoning of the deslinde.

d) Estimated budget.

2. The project and its implementation shall comply with the technical instructions which, if necessary, are approved by the Ministry of Agriculture, Food and the Environment, including the models of flint milestones and other signs or references.

3. The project and the review report will be submitted to the Ministry of Agriculture, Food and Environment for approval by ministerial order.

Article 25. Substantial modification of the unlinde project.

When the draft de eslinde assumes substantial modification of the provisional delimitation made previously, a new period of public information and of the previously indicated organisms, which will be processed, will be opened. simultaneously with the hearing, after notification, to the owners who are included in the land-based maritime public domain and the adjacent ones, as well as to those who have accredited their status as an interested party, (a) file, having regard to the organizations entitled under Article 2.2 of the Law 27/2006, of July 18.

The registrar of the property will proceed in the form set out in article 21.2.c) and 3, in relation to the farms that are affected by the modification.

Article 26. Approval of the unlinde.

1. The order of approval of the deslinde must specify the plans that are approved, which must allow georereference in the cadastral mapping the interior limit of the marine-terrestrial public domain, as well as that of the bank of the sea when not match the one. In addition, the geolocation of the easements imposed on the adjoining land shall be stated.

2. Such an order shall be notified to the owners who are included in the land-based maritime public domain and the adjacent ones, and to those who have appeared on the file by crediting their status as an interested party. organisations entitled under Article 2.2 of Law 27/2006 of 18 July, as well as the Autonomous Community, the City Council, the Land Registry and the Land Registry, and will be published in the "Official State Gazette".

The publication in the "Official State Gazette" will not necessarily include the plans of the unlinde, but will indicate how these are accessible.

3. The notification to the Land Registry shall be carried out preferably by means of an electronic document comprising the graphical basis of the design of the property, in order to be incorporated into the recording system for the identification of farms on cadastral mapping, taking the seats that come in the form set out in Article 31 of this regulation. The certification of the decision approving the deslinde file, issued by the competent authority, in which the farms concerned are to be linked, shall be the subject of a certificate. It shall also state the manner in which the notification has been made of the file for the disclosure of all the owners and persons concerned referred to in Article 21.1 of this Regulation. The communication to the Catastro will be carried out in accordance with the provisions of the Order of the Ministry of Finance and Public Administrations.

Article 27. Review of the unlinde.

1. The deslindes will be reviewed when the configuration of the public maritime-terrestrial domain is altered. The opening of the de linde file shall have the effect provided for in Article 12 of Law 22/1988 of 28 July 1988. The review of the eslinde will be processed in accordance with the provisions of this section.

(a) The existing land-maritim-zone deslindes shall be reviewed if, using the criteria referred to in Article 4 (a) of this Regulation, data obtained from the entry into force of this Regulation, the line of the resulting marine-terrestrial zone is located inland from the current one, passing the lands flooded to be part of the public domain marine-terrestrial.

(b) Similarly, the existing maritime-land area deslindes will be reviewed, moving the boundary towards the sea, if it is shown that a temporary one, with a return period of 50 years, does not reach the limit set in the This calculation shall not take into account any works that may have been carried out to reduce the scope of the swell.

(c) In the case of the incorporation of land provided for in Article 5 (7) and (8) of this Regulation and in the cases of disaffection referred to in Article 38 of this Regulation, it is not necessary to deal with a new development, It will be sufficient to rectify the existing dislinde with public information and request for reports to the City Council and the Autonomous Community, so that the defining line of the marine-terrestrial public domain is adapted to the result of such demanial mutations.

(d) The unlinde review initiation agreement shall be notified to the Property Registry for the purpose of issuing certification and extending the marginal note, in accordance with Article 21.2.c) and 3 of this Regulation, the registration or endorsement of the approval resolution of the review, in accordance with Article 26.3 of this Regulation.

2. The owners of the land which after the review of the deslinde are incorporated into the maritime-terrestrial public domain will become holders of a right of occupation and exploitation, to whose effect the Administration will grant the concession, except express waiver of the data subject.

The concession will be granted for seventy-five years, respecting the existing uses and uses, without obligation to pay royalties. This order will be notified to the interested parties who have appeared in the file, as well as to the autonomous community, to the city council, to the General Directorate of the Catastro, for the incorporation of the alteration on the ownership of the real estate and the Property Registry.

The term of the concession granted will be computed from the date on which the dislinde was practiced. This same date shall be taken into account for the recognition of existing uses and uses.

3. The owners of the works and installations which, after the review of the dislinde, are incorporated into the public maritime domain or the protection servitude zone, may carry out repair, improvement, consolidation and modernization works. provided they do not involve an increase in volume, height or area.

For these purposes, works of repair, improvement, consolidation and modernization shall be understood as those defined in the transitional provision of this regulation.

These works should be an improvement in energy efficiency. For this purpose and where applicable, they shall be required to obtain an end energy rating which reaches an improvement of two letters or a letter B, which shall be accredited by means of the energy efficiency certification, in accordance with the provisions of this Regulation. Royal Decree 235/2013 of 5 April, approving the basic procedure for the certification of energy efficiency of new construction buildings or with important renovations.

In addition, in these works, where appropriate, the mechanisms, systems, facilities, and individual and/or collective equipment that make effective savings in water consumption will be used. In the event that they affect gardens and green spaces, for irrigation they will encourage the use of marginal water resources, such as regenerated waters or stored rainwater.

4. The circumstances referred to in the preceding paragraph shall be accredited to the Peripheral Coast Service or to the Autonomous Administration, as they are in public maritime-land domain or protection servitude, by means of a responsible declaration, as provided for in Article 71a of Law 30/1992, of 26 November 1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, with a prior authorisation urbanisation as appropriate. In the event that the works or installations affect the transit easement, the General Administration of the State shall, in advance, require a favourable report stating that the transit service is guaranteed, the provisions of the transitional provisions of Article 14 (5) of this Regulation. This report shall be issued within two months of its request, except in the cases provided for in the transitional provision of this Regulation, paragraph 1.b. If it is not issued within that period, it shall be deemed to be favourable.

The responsible statement must contain at least the documentation of the petitioner's personality and the express declaration that the works to be carried out comply with the provisions of Law 22/1988 of 28 July, and in this regulation.

Article 28. Requirements for the registration of new work declarations.

Regardless of the provisions of Article 20 of the Recast Text of the Soil Law, approved by the Royal Legislative Decree of 20 June, and of the authorizations contained in Articles 49.4 and 51.3 of this Law regulations, for the registration in the Register of the Property of the new work declarations and their modifications in the areas of public domain and land-land and protection of protection, in the legally admitted cases, there will be accrediting the presentation of the responsible declaration contained in the previous article, or the title necessary, unless such an end results from the urban licence authorising the construction or the suitability of the use to the intended destination in the standard of planning. In the case of buildings or buildings located in the transit easement, the favourable report shall be required, in the terms provided for in the preceding article, unless it has been obtained by silence or is obtained from the licence of the building.

Article 29. Land in severe regression situation.

1. The General Administration of the State may declare in a situation of serious regression those sections of the public maritime-land domain in which a retreat of the shore line of more than 5 meters per year is verified, in each of the last five years, provided that they are not able to recover their previous state by natural processes.

The line of shore shall be the line of cut of the maximum live equinoccial pleamar plane with the ground.

2. No new title of occupation of the maritime-terrestrial public domain may be granted on land declared in a situation of serious regression.

3. Exceptionally, and in areas where there is no risk of flooding over the next five years, the declaration may provide for reasons for the granting of occupation rights for public services in accordance with the provisions of the Article 32 of Law 22/1988 of 28 July 1988. Such occupations may not be granted for a period exceeding five years, which may be extended for equal periods within the maximum laid down in Law 22/1988 of 28 July.

4. Buildings covered by a right of occupation, existing on land declared in a situation of serious regression, shall be maintained, provided that the sea does not reach them or there is a certain risk that it does so, in the terms of this Article.

Otherwise, the right of occupation shall be extinguished in accordance with the provisions of Article 78 of Law 22/1988 of 28 July 1988 and 163 of this Regulation.

5. In the areas declared in serious regression, the General Administration of the State may perform protection, conservation or restoration activities. In this case, it may impose special contributions in accordance with the provisions of Article 87a of Law 22/1988 of 28 July 1988.

6. The declaration of a situation of serious regression will be made by ministerial order, subject to the submission of public information as well as to the report of the autonomous community and corresponding municipalities and the processing of claims by those who credit the condition of the person concerned on the file. The ministerial order will be published in the Official Gazette of the State, as well as in the electronic headquarters of the Ministry of Agriculture, Food and Environment. Similarly, the Order shall be transferred to the Land Registry, preferably by electronic document comprising the graphic basis of the tranche declared in regression, in order to be incorporated into the registration system. on cadastral mapping, giving publicity of this limitation as associated territorial information.

7. If the circumstances that led to the declaration of a situation of serious regression disappear, such a declaration may be revoked, by ministerial order, by ceasing all its effects.

Section 3. Effects

Article 30. Effects of the unlinde.

1. The statement of the existence of the physical characteristics related to Articles 3, 4 and 5 of Law 22/1988, of 28 July and consistent with this regulation, declares the Sunday possession and ownership in favor of the State, giving rise to the protection and without the registration of the Land Registry being able to prevail in the face of the demanial nature of the goods in question (Article 13.1 of Law 22/1988 of 28 July 1988).

2. The approval of the eslinde will imply the lifting of the suspension of the granting of concessions and authorizations in the maritime-terrestrial public domain and in its zone of servitude of protection, as provided for in the articles 12.5 of Law 22/1988, of 28 July, and 20.2 of this regulation.

3. It will also imply the cancellation of the marginal notes practiced in the Land Registry on the occasion of the inlinde, relative to farms or to the part of the same ones that have not been included in the marine-terrestrial public domain by virtue of that, which will be carried out well by certification issued by the Peripheral Coast Service, with reference to the situation of the farm in relation to the easements of protection and transit, well to practice the enrollment or annotation of the unlinde approval resolution.

4. The amojoning will be done by placing milestones that will allow to identify on the ground the perimeter interior boundary of the marine-terrestrial public domain. Milestones shall be replaced by other signals or references that make such identification possible, where they are advised by the physical circumstances of their place of location.

Article 31. Rectification of the conflicting legal situations with the unlinde.

1. The resolution of approval of the deslinde shall be sufficient to rectify, in the manner and conditions laid down in this article, the legal situations that are contradictory with the deslinde. Such a decision shall also be sufficient to ensure that the administration proceeds to the registration of the goods in the public domain. In any event, the registered holders concerned may exercise the actions they consider to be relevant in defence of their rights, the corresponding judicial complaint being subject to preventive annotation (Article 13.2 of Law 22/1988, 28 of (July).

2. For the rectification of the conflicting registration records on goods and rights affected by a de-linde approved after the entry into force of Law 2/2013 of 29 May, and the holders of which have been included in the file and notified of the same or acquired after the marginal note of issue of the certification of the domain and loads of the registered farms referred to in Article 21. 3 of this Regulation, the following procedure shall apply:

(a) The approval of the deslinde shall be sufficient for its preventive annotation, with an indication of the nature of the public domain of the goods or part thereof included therein. Such entry shall be valid for five years and shall not prevent the practice of subsequent seats, but in any event they shall be subject to the results of the firmness of the deslinde, which shall be expressly entered in the a seat that is practiced and warned by the registrar of the property in all the registration information that it issues, as well as in the release or rating notes that it extends.

(b) The practice of such annotation shall be notified by the Registrar of the property to the holders of domain and other registered rights which may be affected, by means of a communication addressed to the address of the file or registration, and not to be known or to be unsuccessful, through the official bulletin of the province, inserting also edicts in the bulletin board of the Land Registry and in the respective City Council, as well as in the headquarters electronic records. The practice of the notification shall be recorded on the basis of a marginal note on the farm concerned.

(c) If, within five years and one month from the date of approval of the deslinde, access to the register of the preventive annotations of claims arising from the actions promoted by the registered holders is not produced, the Annotation of the deslinde will be converted directly into definitive registration of the domain, having to proceed from office the registrar of the property to the rectification or cancellation of the existing inscriptions contradictory with the public domain, in accordance with the provisions of the mortgage legislation. In another case, the result of the corresponding judgment will be the result of the corresponding trial, with the effect of the preventive annotation of dislinde being extended until the conclusion of the same, once the application has been taken.

3. In the case of conflicting entries on farms which, however, have been affected by a file of disorder, the opening of the same by a marginal note, as well as the issue of the certification of ownership and charges, for the purposes of its notification by the administration, only if the consent of the registral or firm judicial decision is obtained, unless the consent of the holder is credited. intervention in the procedure or the personal notification in time of the procedure, in such a way as to exercise their rights in the form legally provided for, which is equally applicable to holders of rights established on the estate and who have to be cancelled for being incompatible with the public domain.

4. For the registration of land-land public domain goods in the Land Registry will be provided for in the mortgage legislation, with the resolution approving the deslinde, accompanied by the corresponding plan Individual farm, sufficient title to practice it, without any further processing.

5. The farms which, as a result of the deslinde file, must be incorporated into the public maritime-land domain, shall be registered in favor of the State in accordance with Law 33/2003 of 3 November.

Article 32. Limitation of civil actions on rights relating to land included in the public domain.

Civil action on rights relating to land in the public domain of the public domain prescribed at the age of five, computed from the date of the approval of the deslinde (Article 14 of Law 22/1988, 28 of (July).

Section 4. Inregistration of farms adjacent to the public maritime-land domain

Article 33. Registration and registration of excess space on farms located in the protection servitude zone.

1. In any event, the registrar shall refuse the registration or registration of the excess of the requested space when the area of the land sea public domain with which the farm intersects is the result of a deslinde file already approved and registered or annotated in the Property Registry.

2. The General Directorate of Sustainability of the Coast and the Sea will move to the General Directorate of the Registers and the Notary, for incorporation into the Information System, the graphic representation georeferenced in the cartography cadastral, both of the line of land marine public domain, and of the easements of transit and protection. Such graphic information will be provided in electronic support.

Only the registration or registration of excess of the place in respect of farms that intersect with the zone of protection, when the non-colindance or invasion is accredited in the procedure of the public maritime-terrestrial domain, as set out in this Section.

Article 34. Registration checks prior to the registration or registration of the excess of the property located in the protection easement and its description of the property.

1. The registrar of the property, unless it justifies the reasons why it is not possible, must proceed to identify graphically the farms that intersect with the zone of protection and to verify that they do not collocate or invade the domain land maritime public, as a prerequisite for the practice of the registration or excess of the requested space. When a farm colinde or intersects with the area of land sea public domain, according to the graphical representation provided by the General Direction of Sustainability of the Coast and the Sea and whose unlinde is not inscribed or annotated, the registrar shall suspend the requested registration and shall inform the Peripheral Coast Service, as well as the representative and the holder, on the same day, taking the preventive annotation of the suspension for ninety days and reflecting by note the date of receipt of such notification in the Peripheral Coast Service.

The Peripheral coast service shall issue certification within one month from the receipt of the request of the registrar, acting on whether the farm object of annotation invades the terrestrial maritime public domain, and incorporating the cadastral plane of the estate that determines its relation with the line of the terrestrial marine public domain and the easements of protection and transit. After this period has elapsed without any reply, the registration shall be converted into an entry, which shall be notified to the Peripheral Coast Service, and shall be recorded as such in the farm's portfolio.

When the certification results in the invasion of the public maritime-terrestrial domain, the registrar will deny the title registration and cancel the preventive annotation of suspension.

2. If the area referred to in the application for registration or registration of the excess of the place is not dislocated, the corresponding statement shall be initiated within a time limit which may not exceed three months from the date on which the application for registration or registration of the excess request, pending the requested registration.

The Peripheral of the Coast Service shall communicate this circumstance to the Registry of the Property within the month following the receipt of the request of the registrar and shall extend the annotation of suspension up to a maximum of four years, at the request of the issuing of the certificate of ownership and charges referred to in Article 21.3 of this Regulation, which shall be reflected on a marginal note, the seat being made subject to the decision of the file of deslinde. When the file is started, the Peripheral Coast Service will notify the register of the date of the opening agreement and of its publication, as well as the plan with the provisional delimitation affecting the farm, indicating such circumstances by note marginal as provided for in Article 21.3. The holder in whose favour the domain is registered shall be notified in the deslinde file.

It may also be possible to take preventive annotation of the suspension, with the same effects and validity, when the file has been initiated at the request of the owner, who will assume the costs of the same. It shall be a formal title for the purposes of the said annotation, which shall accompany the title or document whose registration is requested, the certification issued by the Peripheral Coast Service, in which the particulars of the file are recorded, the description of the farm concerned and its graphic representation in accordance with the provisional plan taken into account for the initiation of the file, the registrar having to proceed in the manner set out in Article 21.2.c) and 3 of this Regulation.

4. The registrar, however, will practice the registration requested when the Title presented testifies or is accompanied by certification issued by the Peripheral Coast Service, proving that the farm does not invade the maritime public domain by means of geolocation techniques, reflecting their situation in relation to the area of public domain and the protection and transit easements, provided that this does not contradict any registered or annotated seat, in which case it shall be necessary to proceed prior to or at the same time as the procedure has been corrected legally set.

Article 35. Record description of the farms that intersect with the transit or protection easement zone.

1. Both the title and the register description of the farms that intersect with the protection servitude zone, will contain express mention about their colindance or not with respect to the marine-terrestrial public domain. When the negative manifestation discharged by the parties in the title is coincident with the content of the graphic representation provided by the General Direction of Sustainability of the Coast and the Sea, the registrar will carry out the registration requested, provided that it has no doubt duly motivated on such an extreme, whether it is an already unlined section and the title incorporates the individualised plane of the dislinde of the estate totally coincident with the literary description of the itself, which allows its localization in the cadastral mapping.

2. When the title presented does not contain any reference to the colindance of the estate with the area of public maritime-terrestrial domain, the registrar, once graphically identified, will proceed to practice the registration requested in the terms resulting from the above paragraph, provided that the non-colindance or intersection with the public maritime-terrestrial domain is accredited. When, according to the documentation provided to the Land Registry, the graphic identification of the property is not possible in the cadastral mapping or there are reasonable doubts about its actual location, which must be duly motivated by the registrar, the holder shall suspend the registration and notify the holder of such a circumstance so that he can appear in the registration procedure during the ten days following receipt of the notification, and make the statements and contributions of documents which proceed in relation to the graphic identification of the farm.

Determined the non-colindance with the public maritime-terrestrial domain, the inscription shall be practiced in the form established in the previous paragraph. Otherwise, the suspension of the suspension shall be taken and the Peripheral Coast Service shall be notified in the manner set out in Article 34.1 of this Regulation.

3. Provided that the title of the register contains the indication that the farm is beautiful with the sea, the colindance shall be understood as referring to the inner boundary of the shore of the sea, even in cases of excess space.

4. In the event that the public maritime-land domain includes any belonging other than the riverbank, the colindance referred to in the preceding paragraph shall be understood to be with respect to the internal boundary of that domain.

5. If the identification of the farm, as provided for in paragraph 1, is found to be located in the areas of transit or protection, the registration shall be carried out, indicating such circumstances, except in the case of an act or business that violates the limitations to which these zones are affected.

6. The provisions of the foregoing Articles shall also apply to excess of place, except in the case of landline farms or of such nature that exclude the possibility of invasion of the public maritime-land domain.

Article 36. Rules applicable to second and subsequent entries.

In relation to the second and subsequent entries on farms that intersect or close with the public maritime-terrestrial domain, the following rules apply:

1. The registrar shall refuse the practice of any seat when the estate intersects with the public maritime-terrestrial domain as a result of a file of dislinde inscribed or annotated in the Land Registry on other farms included in the same area, which shall be communicated to the Peripheral Coast Service, to request the correction of the conflicting seats with the same.

2. If the estate intersects or abuts a maritime-terrestrial public domain according to the graphical representation provided by the General Direction of Sustainability of the Coast and the Sea, the registrar will suspend the registration requested and take preventive annotation for ninety days, notifying such circumstance to the Peripheral Coast Service so that, within one month from the receipt of the request, it certifies if the estate invades the public domain land-maritimo-land and its situation in relation to the protection and transit easements. After that period without receiving the said certification, the registrar will convert the annotation of suspension to the registration of the domain, which will notify the peripheral service of coasts, leaving constancy in the folio of the estate.

3. When the certification turns out that the estate intersects with the public maritime-terrestrial domain as already approved by ministerial order, the registrar will deny the requested registration and cancel the annotation of suspension, and the Peripheral Costs Service shall be required to request the endorsement of the approval resolution for the deslinde.

4. When the finca intersect or colinde, according to the certification, with areas of public land-marine domain pending the deslinde, the registrar will practice the requested registration and will communicate it to the Periferico de Costs, with this being recorded on the basis of a marginal note in the actual portfolio, stating, both in the seat and in the release note, that it is subject to the results of the deslinde file. If the deslinde is already started, the Peripheral Coast Service will request the registrar to issue the certificate of ownership and charges and the record for all the extremes listed in Article 21.3. In another case, such data will be notified to you once the initiation of the case has been agreed.

5. When the farm only partially intersects with the public maritime-terrestrial domain, the above limitations will only proceed in the part that is affected, and the description of the title must be adapted to the content of the the resolution approving the deslinde, in order to proceed with the registration or annotation of the public maritime-terrestrial domain in favor of the State.

6. The registrar of the property, on the occasion of the issuance of any form of advertising registration, will inform in any case of the situation of the estate in relation to the easements of protection and transit according to the graphic representation in the register, provided by the General Directorate of Sustainability of the Coast and the Sea.

CHAPTER IV

Affecting and Disaffectation

Article 37. Affectation of land.

1. The lands of the State's heritage, which are adjacent to the public maritime domain or located in their zone of influence that are necessary for the protection or use of this domain, will be affected to the use of the same, in the This is provided for in the State Heritage legislation. It shall not be possible to dispose of it without prior declaration of innecessity to the said effects (Article 17 of Law 22/1988 of 28 July).

2. The declaration of innecessity shall be made by the Ministry of Agriculture, Food and the Environment and shall be motivated.

Article 38. Disaffection of land.

1. Only the damage to land in the case of Article 4 (5) of Law 22/1988 of 28 July 1988 and concordant with this regulation may only be carried out, subject to the mandatory reporting of the City Council and the Autonomous Community concerned, and prior declaration of innecessity for the purposes set out in the previous Article.

The disaffection of maritime-terrestrial public domain goods that have the consideration of state port public domain will be governed by the provisions of their specific legislation.

2. The declaration of innecessity for the protection or use of the public maritime domain shall be exceptional and shall only be made in cases where the recovery of the land or the use of the land is not viable. for uses related to the protection and use of public maritime-terrestrial domain. Once the land is not necessary, the Ministry of Finance and Public Administrations will be required to be disaffected in the terms of Law 33/2003, of 3 November, of a Heritage of Public Administrations.

The declaration of the unnecessariness of maritime-terrestrial public domain goods will require a report from the Ministry of Defense in relation to the public interests protected by the Ministry of Defense.

3. The disaffection must be expressed and before proceeding to it, the corresponding deslindes must be practiced and the remaining conditions required by Law 33/2003, of 3 November.

4. The disaffection shall be dealt with in accordance with the provisions of the patrimonial legislation.

Article 39. Free disposal of the areas affected.

Unaffected land as provided for in the previous article may be granted free of charge in accordance with the terms of Law 33/2003 of 3 November.

TITLE II

Limitations of the property on the contiguous land to the shore of the sea for reasons of protection of the marine-terrestrial public domain

CHAPTER FIRST

Objectives and general provisions

Article 40. Scope of protection of the public maritime-terrestrial domain.

The protection of the maritime-terrestrial public domain includes the defense of its integrity and the general purpose of use to which it is intended; the preservation of its characteristics and natural elements and the prevention of harmful consequences of works and installations in the terms of Law 22/1988 of 28 July (Article 20 of Law 22/1988 of 28 July 1988).

Article 41. Limitations and easements of land adjacent to the public maritime-terrestrial domain.

1. For the purposes of the foregoing Article, land adjacent to the public maritime-land domain shall be subject to the limitations and easements determined in this Title, prevailing on the basis of the any action. Easements will be imprinted in any case.

2. The grounds expressly declared to be of interest to national security and defence, in accordance with their specific legislation, are exempted from this subjection.

3. The provisions of this Title have the character of a minimum and complementary regulation of those which are given by the Autonomous Communities in the field of their powers (Article 21 of Law 22/1988 of 28 July 1988).

Article 42. Special provisions for the protection of certain stretches of coastline.

1. By order of the Minister for Agriculture, Food and the Environment, rules will be laid down for the protection of certain sections of the coast in development as provided for in Articles 23, 25, 27.2, 28.1 and 29 of Law 22/1988 of 28 July. The orders shall contain as annexes the plans and other information deemed relevant for the identification of the affected area and, in general, to ensure their effectiveness.

2. The length of the coast to be included in the rules shall relate to at least one physiographic or morphological unit relating to the coastal dynamic or territory, respectively, or, where appropriate, to one or more adjacent municipal terms complete.

Article 43. Prior consultations with the Autonomous Communities and the Councils.

1. Before the final approval of the rules referred to in the previous Article, they shall be subject to the report of the Autonomous Communities and of the Councils to whose territory they are concerned, in order to enable them to raise the objections arising from the its approved or processed management instruments. Where substantial discrepancies are observed between the content of the proposed rules and the objections raised by the Autonomous Communities and the Councils, a period of consultation will be opened between the three administrations to resolve the common agreement on the differences expressed (Article 22.2 of Law 22/1988 of 28 July).

Elapsed three months without reaching an agreement between the affected Administrations will be able to continue with the processing of the norm.

2. The reports referred to in paragraph 1 shall be issued within one month.

CHAPTER II

Legal easements

Section 1. First Protection Server

Article 44. Extension of the protection easement zone.

1. The protection easement will fall on an area of 100 meters measured inland from the boundary of the sea bank.

2. The extension of this zone may be extended by the General Administration of the State, in agreement with the Autonomous Community and the corresponding City Council, up to a maximum of 100 meters, when necessary to ensure the effectiveness of the servitude, in the light of the peculiarities of the stretch of coast in question (Article 23 of Law 22/1988 of 28 July).

3. The extension referred to in the preceding paragraph shall be determined in the procedure for the development or, after the Ministry of Agriculture, Food and the Environment has been informed, by the rules of protection and territorial planning or urbanistic.

4. The width of the protection servitude zone shall be reduced in the cases referred to in Article 23.3 and the third transitional provision of Law 22/1988 of 28 July 1988 and Article 44.7 and transitional provisions 8 and 9 of this Regulation. rules.

5. The land affected by the modification, for any cause, of the transit and protection servitude zones, including the variation in the delimitation of the sea bank, will be in a similar situation to that provided for in the provisions of the Third and fourth transitional provisions of Law 22/1988 of 28 July 1988 and concordant with this Regulation, or shall be released from such easements, in the sense of such modification.

In these cases it will not be necessary to process a new file of dislinde, but one of rectification of the existing one, with public information and request of reports to the City Council and the autonomous community.

The transfer to the maritime-terrestrial public domain of land of particular property that do not meet the characteristics set out in Article 3 of this Regulation shall be governed by the provisions of the following paragraph.

6. The land-maritimo-land developments will be regulated as provided for in the additional provision of Law 22/1988 of 28 July 1988 and the second of this Regulation.

The realization of other types of works, which give rise to the invasion by the sea or the waters of the rivers, to the extent that the effect of the tides is made sensitive, of land that, prior to these works, are not of domain public maritime-land, will produce the following effects:

a) The encroached ground will be incorporated into the maritime-terrestrial public domain.

b) The pre-existing protection easement to the works will remain in force.

(c) In land which is not subject to the easement referred to in point (b) above, a new servitude of protection shall not be generated in respect of the overrun spaces, but shall be applicable only in that area. case, the transit easement.

(d) In any case, such works shall specify the corresponding administrative title for their performance.

7. In the margins of the rivers to where the tides are sensitive, the extension of this zone may be reduced by the General Administration of the State, according to the autonomous community and the corresponding City Council, up to a minimum of 20 meters, in attention to geomorphological characteristics, to their vegetation environments, and to their distance from the mouth according to the following criteria (Article 23.3 of Law 22/1988, of July 28):

(a) Only the protection easement may be reduced in those areas which are more than 500 metres from the nearest open sea mouth.

(b) This reduction shall not apply, in the case of areas subject to any protection regime, areas containing beaches or areas of sands or areas with halophyll or subhalophyll vegetation.

(c) The reduced-protection servitude shall be at least 5 times the width of the bed, measured between the lines of the bank, up to a maximum of 100 metres.

Article 45. Actions not subject to authorisation.

1. In the areas covered by the protection easement, crops and plantations may be carried out without the need for authorization, without prejudice to Article 27 of Law 22/1988 of 28 July.

2. In the first 20 metres of this area, objects or materials thrown by the sea may be temporarily deposited and maritime salvage operations performed.

The damages caused by the occupations referred to in the preceding paragraph shall be the subject of compensation as provided for in the Law on Compulsory Expropriation.

3. The facilities referred to in Articles 44.6 of Law 22/1988 of 28 July and 96 of this Regulation are prohibited in those 20 metres.

Article 46. Prohibitions in the protection easement zone.

In the protection servitude zone they will be prohibited:

(a) Buildings intended for residence or room, including hotels, whatever their operating system. Camping and campsites or campsites duly authorised with removable installations shall be excluded from this prohibition.

Camping shall mean the installation of tents or of habitable vehicles or trailers. Camp or campsite shall mean the organized camp equipped with the services and supplies established by the regulations in force.

b) the construction or modification of inter-urban transport routes, the route of which runs lengthwise along the protection-servitude zone, with the exception of those other than those in which they are prohibited; the incidence is cross-sectional, accidental or punctual and the traffic intensity of more than 500 vehicles/day of annual average in the case of roads as well as their service areas.

(c) Activities involving the destruction of natural or unconsolidated aggregates, such as where there are accumulations of sand or gravel-type materials.

Not included in the prohibition of destruction of arid fields, the use thereof for their contribution to the beaches.

d) The aerial laying of high-voltage power lines.

e) The dumping of solid waste, debris and sewage without debugging.

f) Advertising through posters or billboards or by acoustic or audiovisual media.

The assumptions of Article 81.4 of this regulation will not be considered to be included in this prohibition, provided that it is compatible with the protection of maritime-terrestrial public domain (Article 25.1 of Law 22/1988, 28 of (July).

Article 47. Actions subject to authorisation.

1. On an ordinary basis, only works, installations and activities which, by their nature, may not have another location, such as marine farming establishments or sea salt, or those providing services, shall be permitted in this area. necessary or suitable for the use of the public maritime-terrestrial domain, as well as the sports facilities discovered.

2. The execution of embankments and dismounts must meet the following conditions to ensure the protection of the public domain (Article 25.2 of Law 22/1988, of 28 July):

(a) Only the execution of dismounts and terraplenes may be permitted prior to authorization.

(b) It may be authorised only if the height of those less than 3 metres does not prejudice the landscape and an appropriate treatment of its slopes with plantings and coatings is carried out.

(c) From that height, a prior assessment of their need and their impact on the public maritime-terrestrial domain and on the protection servitude zone shall be carried out.

3. The felling of trees may be permitted provided that it is compatible with the protection of the public domain, where there is prior authorisation of the competent authority in the field of forestry and does not significantly reduce the tree-lined masses. explicitly in the authorization the requirement of effective reforestation with native species, that do not damage the landscape and the ecological balance.

4. Only enclosures relating to:

shall be authorised.

a) The walls of the buildings duly authorized.

(b) The perimeter fencing of parcels adjacent to the public maritime-terrestrial domain, which may be executed in accordance with the provisions of the municipal planning planning, with the exception that only may be totally opaque up to a maximum height of one meter.

(c) Those linked to concessions in public maritime-land domain with the characteristics to be determined in the concessional title.

In any case, the area affected by the transit easement must be free.

Article 48. Exceptional authorisation from the Council of Ministers.

1. Exceptionally, and for reasons of public utility duly accredited, the Council of Ministers may authorise the activities and facilities referred to in Article 46 (b) and (d) of this Regulation.

2. In the same way, the buildings referred to in Article 46 (a) of this Regulation and the industrial plants in which the requirements of Articles 25.2 of Law 22/1988 of 28 July 1988 and Article 46 (2) of the EEC Treaty are not met may be authorized. 47.1 of this regulation, which are of exceptional importance and which, for justified economic reasons, are suitable for their location on the coast, provided that in both cases they are located in areas of servitude corresponding to stretches of coast which do not they constitute a beach or a wetland or other area subject to any protection regime (Article 25.3 of Law 22/1988, of July 28).

3. The actions to be authorised as provided for in this Article shall be accommodated in the planning planning approved by the competent authorities.

4. In those cases where the authorization by the Council of Ministers of the activities or installations referred to in this article is covered by an exclusive competence of the State or in which the Council of Ministers makes use of the faculty which confers the additional tenth provision of the recast text of the law of the soil, approved by Royal Legislative Decree 2/2008 of 20 June, the agreement granting the authorization will be sufficient title to initiate the action in question, without prejudice to the processing of the plan of amendment or revision of the planning, which shall be initiated simultaneously.

Article 49. Authorizations for the Autonomous Communities.

1. The permitted uses in the protection servitude zone shall be subject to the authorization of the corresponding autonomous community, which shall be granted subject to the provisions of Law 22/1988 of 28 July, and the rules to be laid down, where appropriate, in accordance with the provisions of Articles 22 of that Law and Articles 42 and 43 of this Regulation, the conditions which are deemed necessary for the protection of the public domain may be laid down.

2. If the activity requested is directly linked to the use of the public maritime-land domain, it will be necessary, if necessary, to have previously the corresponding administrative title granted under Law 22/1988, 28 of July (Article 26 of Law 22/1988 of 28 July).

3. The authorisations granted must respect the urban planning in force. By default of sorting, their granting to the prior approval of the planning may be conditional.

4. Works and constructions carried out in the area of protection shall not be registered in the Register of Property without the authorization referred to in this Article being credited. In order to determine whether or not the farm is included in the area, the rules laid down in relation to the inmatriculations of farms included in the protection servitude zone shall apply with the relevant variations.

Article 50. Previous Ministry of Agriculture, Food and Environment report.

1. The competent authority of the autonomous community which is processing the applications for authorization referred to in the previous Article shall, prior to its decision, request a report from the Ministry of Agriculture, Food and Environment, the delimitation of the internal boundary of the sea bank, the line of dislinde, maintenance of the easements of transit and access to the sea and the impact of the constructions and the activities that the same ones generate on the integrity of the public domain, beach stability and defense of the coast.

2. The report referred to in the preceding paragraph shall be issued by the Minister for Agriculture, Food and the Environment within one month, for the purposes of which the basic project of the works is to be transmitted to the Ministry of Agriculture, Food and Environment. facilities. After that period without having been evacuated, the processing of the file shall be continued.

3. Where the works, installations or activities which are the subject of the application for authorization also have an impact on land subject to the transit easement, a single decision shall be issued by the competent authority of the Community. (a) the Commission shall, in accordance with Article 1 (2) of Regulation (EEC) No No 6/2008 of the European Parliament and of the Council of the European Parliament, of the Council of Ministers of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament, paragraph 1.

4. The competent authority of the autonomous community shall be responsible for moving the resolution adopted to the Ministry of Agriculture, Food and the Environment in the manner laid down in Article 226 of this Regulation.

5. In accordance with the fourth additional provision of Law No 22/1988 of 28 July 1988, the authorizations must be exercised within the period prescribed for this purpose, which may not exceed two years, after which they shall be without effect, except where the lack of exercise is attributable to the Administration.

Article 51. Procedure for the exceptional authorisation of the Council of Ministers.

1. For the granting of the authorizations referred to in Articles 25.3 of Law 22/1988, of July 28, and 48 of this regulation, the following procedure shall be observed:

(a) Presentation in the Peripheral Costs Service of three copies of the basic project of the works or installations, accompanied by the reasoned statement of their public utility, carried out by the competent authority of the autonomous community or, where appropriate, by the competent authority on the grounds of the matter.

(b) The file must, in any case, include the reports of the respective Autonomous Community and City Council. Such reports shall be issued within a period of one month, after which they shall be deemed to be favourable.

c) Elevation of the dossier, with its report, to the Ministry of Agriculture, Food and Environment for processing.

d) Elevation of the dossier to the Council of Ministers for resolution on the proposal of the Minister for Agriculture, Food and the Environment, which has previously and for these purposes, may collect as much data and reports as possible. appropriate. In the event that the request comes from another Department of the General Administration of the State, the proposal must be jointly made by both ministers.

2. Except in the cases referred to in Article 48.4 of this Regulation, the actions to be authorised shall be subject to the planning in force.

3. The works and constructions carried out in the area of protection provided for in this precept shall not be registered in the Land Registry without the granting of the authorization by the Council of Ministers. In order to determine whether or not the farm is included in the zone, the rules established in relation to the inmatriculations of farms adjacent to the public maritime-terrestrial domain will apply with the relevant variations.

Section 2. First Transit Server

Article 52. Extension and regime of the transit easement.

1. The transit easement will fall on a six-meter strip, measured inland from the boundary of the sea bank. This area shall be permanently issued for the public pedestrian crossing and for surveillance and rescue vehicles, except in spaces subject to any protection regime.

2. In places of difficult or dangerous transit such a width may be extended as necessary, up to a maximum of 20 metres.

3. This area may be exceptionally occupied by works to be carried out in the maritime-terrestrial public domain. In this case, the serfdom zone shall be replaced by a new one under similar conditions, in the form indicated by the General Administration of the State. It may also be occupied for the execution of sea walks (Article 27 of Law 22/1988 of 28 July).

4. The competence to extend or replace the area affected by the transit easement or to authorize its occupation with sea walks, in the cases referred to in paragraphs 2 and 3, corresponds to the Ministry of Agriculture, Food and the Environment. Environment, prior to the report of the Autonomous Community. That report shall be issued within one month, after which the processing of the file shall be continued without being evacuated.

In the case referred to in paragraph 3, a single file shall be instructed and a single resolution shall be issued for the occupation of the public domain, where applicable, and for the replacement of the transit easement.

The extension shall be carried out, where appropriate, in accordance with the provisions of the protection rules or, failing that, in territorial or urban planning. The alternative location shall be located outside the public maritime-terrestrial domain and, preferably, within the protection servitude zone in such a way as to ensure the continuity of transit.

5. Crops in this area will not prevent the exercise of servitude. Any damage that may occur shall not be the subject of compensation.

6. The obligation to leave the transit easement zone expedited refers to both the ground and the flight and affects all uses that impede the effectiveness of the easement. It is understood that they do not impede the effectiveness of the subservience of the underground services, provided that they cannot have another location.

Section 3. 1st Sea Access Server

Article 53. Extent of the easement of access to the sea.

1. The easement of public and free access to the sea shall be, in the form determined in the following paragraphs, on the land adjacent to or adjacent to the maritime-terrestrial public domain, in the length and width required by the nature and purpose of access.

2. In order to ensure public use of the public maritime domain, the plans and rules for territorial and urban planning of the coast shall establish, except in spaces subject to any protection regime, the provision of sufficient access to the public domain. sea and car parks, outside the public maritime-terrestrial domain. For these purposes, in urban and urban areas, road traffic must be separated from each other, at most, 500 metres, and the pedestrian, 200 metres. All accesses must be signposted and open to public use for termination (article 28 of Law 22/1988, of July 28).

3. Completion of the execution of the accesses shall be understood, regardless of the moment of its receipt by the respective City Council. In the case of housing estates existing at the entry into force of Law 22/1988 of 28 July, the provisions of the transitional provisions third, paragraphs 5 and 6, of that Law and the twelfth of this Regulation shall be the same.

4. The procurement of land which, in accordance with paragraph 2, is necessary for the effectiveness of the easement of access to the sea, shall be carried out by means of the mechanisms provided for in the urban legislation.

Article 54. Public access to the sea and car parks.

1. The land necessary for the realization or modification of other public access to the sea and the land, for the purposes of the expropriation or the imposition of the easement of passage by the General Administration of the State, are declared to be of public use. parking, not covered by paragraph 2 of the previous Article (Article 28.3 of Law 22/1988 of 28 July).

2. For the purposes of carrying out or modifying the public access and car parks referred to in the previous paragraph, the Peripheral Coast Service shall formulate the relevant project and submit it to public information for 30 days and to report the Autonomous Community and the City Council in the same period. For duly substantiated exceptional reasons, such time limits may be reduced to 15 days. Where such reports are not to be evacuated within the prescribed period, they shall be deemed to be favourable.

The approval of the same shall be implied by the declaration of need for occupation, proceeding accordingly in accordance with the provisions of the compulsory expropriation legislation.

Article 55. Prohibition of works and installations.

In no case will works or facilities be allowed to interrupt access to the sea without the interested parties proposing an alternative solution that guarantees their effectiveness in conditions analogous to the previous ones, in the opinion of the General Administration of the State (Article 28.4 of Law 22/1988 of 28 July).

Article 56. Competence of the Ministry of Agriculture, Food and Environment.

The competencies attributed to the General Administration of the State in this section correspond to the Ministry of Agriculture, Food and the Environment. The land expropriated will be incorporated into the public maritime-land domain.

CHAPTER III

Other property limitations

Article 57. Limitations on the aggregates.

1. In the final stages of the channels, the contribution of aggregates to their mouths must be maintained. In order to authorize their extraction, up to the distance that in each case will be determined, it will take the favorable report of the General Administration of the State, in terms of its incidence in the marine-terrestrial public domain (article 29.1 of the Law 22/1988, of July 28).

2. The Basin Agency or the competent Hydraulic Administration, prior to the resolution of a file for the extraction of public air, or the execution of a project for the development of channels, shall request a report from the For the purpose of this Regulation, the Commission shall, in accordance with Article 10 (1) of Regulation (EC) No No 6/2014, provide for the necessary measures to be taken to ensure that the fishing activities are carried out in accordance with Article 3 (1) of Regulation (EU) No No 6/2014. The relapse resolution will be moved to that service.

3. The reports of the Peripheral Coastal Service provided for in the previous paragraph shall be issued in accordance with the requirements for the provision of the beaches.

Article 58. Limitations on the arid fields.

1. The fields of aggregates, located in the area of influence, shall be subject to the right of refusal and retraction in the sale, transfer or any other form of onerous inter-living transmission, in favour of the Ministry of Agriculture, Food and Environment, for your contribution to the beaches. For the same purpose, such deposits are declared to be of public utility for the purposes of their total or partial expropriation in their case by the Ministry of Agriculture, Food and the Environment and the temporary occupation of the necessary land. (Article 29.2 of Law 22/1988 of 28 July 1988).

2. For the purposes of the exercise of the right of interest laid down in paragraph 1, the owners of the land concerned shall notify the Peripheral Coast Service of their purpose of carrying out their transmission, with the expression of the acquirer, price and form (i) This service shall provide a reasoned proposal to the General Directorate for Sustainability of the Coast and the Sea, in order for it to adopt the resolution to be taken, within one month of such notification, without the transmission of such a request. until such time has elapsed, provided that the exercise of the right of tanteo has not been notified during the period.

3. In any case, the Ministry of Agriculture, Food and the Environment may exercise the right of retraction within nine days of the registration of the transmission in the Land Registry or the notification which in any case has to make the transfer within the month following the formalisation of the contract, including a copy of the contract. Such a retraction may be exercised at any time in the absence of notification or where the actual price of the transmission has been less than 20% of that expressed in the notification or in the copy of the transfer title. contributed.

The registrar of the property, once practiced the inscription expressly warning of the possibility of the retract, will notify the same day telematic such circumstance to the Peripheral Service of the Coast, that it will raise a Proposal to the Ministry of Agriculture, Food and the Environment for its resolution, case of the withdrawal. The retraction will affect the acquirers of post-registration rights for a period of three months from their date, any mention of them being cancelled ex officio after the expiry of that period without having been presented in the Record of the Property the supporting documentation of your exercise.

CHAPTER IV

Influence zone

Article 59. Extension and regime of the area of influence.

1. Territorial and urban planning on land included in an area, the width of which shall be determined in the corresponding instruments and which shall be at least 500 metres from the inland boundary of the sea side, shall respect the requirements for the protection of the public maritime-terrestrial domain through the following criteria:

(a) In sections with a beach and with access to road traffic, land reserves shall be provided for car parks in sufficient amount to ensure parking outside the transit easement zone.

(b) Buildings will have to be adapted to the requirements of urban legislation. The formation of architectural screens or accumulation of volumes must be avoided without, for these purposes, the density of the building may be higher than the average of the planned or equivalent urbanizable ground, according to the regulations. autonomic, in the respective municipal term. Building density shall mean the buildability defined in the planning for the land included in the area.

2. For the granting of the work or use licences involving the discharge to the maritime-terrestrial public domain, the prior approval of the corresponding discharge will be required (Article 30 of Law 22/1988, 28 of (July).

TITLE III

Using Maritime-Earth Public Domain

CHAPTER I

General provisions

Section 1. General Utilization Regime

Article 60. Use of the public maritime-terrestrial domain.

1. The use of the public maritime-terrestrial domain and, in any case, the sea and its bank will be free, public and free for the common uses and in accordance with the nature of the sea, such as walking, being, bathing, sailing, boarding and landing, varar, fish, catch plants and shellfish and other similar acts that do not require works and installations of any kind and are carried out in accordance with the laws and regulations or rules adopted in accordance with Law 22/1988 of 28 July.

2. Uses which have special circumstances of intensity, danger or profitability and those which require the execution of works and installations may only be covered by the existence of reserve, attachment, authorisation and grant, subject to provided for in Law 22/1988 of 28 July 1988 and in other special cases, if any, without the right to be invoked under the use of a user, whatever the time has elapsed (Article 31 of Law 22/1988 of 28 July 1988).

3. The application and interpretation of the articles contained in this Title shall be ensured by the application of the current legislation which aims at the conservation and sustainable use of the coast and the sea.

Article 61. Occupation of the public maritime-land domain.

1. Only the occupation of the public maritime-land domain may be permitted for those activities or installations which, by their nature, cannot have another location (Article 32.1 of Law 22/1988 of 28 July).

2. The activities or installations referred to in the preceding paragraph are:

(a) Those who perform a function or provide a service that, by its characteristics, requires the occupation of the maritime-terrestrial public domain.

(b) The public service or the public which, by the physical configuration of the stretch of coast where their placement is necessary, cannot be located in the fields adjacent to that domain.

3. In any case the occupation shall be as minimum as possible.

Article 62. Exclusion of uses in the public maritime-terrestrial domain.

1. For the purposes of paragraph 1 of the foregoing Article, and whatever the enabling title of the occupation and the Administration which grants it, the uses referred to in Articles 25.1 of Law 22/1988, of the 28 July, and 46 of this Regulation, except those of point (b), after declaration of public utility by the Council of Ministers, and the dumping of usable debris in fillings, duly authorised.

2. The provisions of the above paragraph shall apply to all land-land public domain goods and to all systems of use thereof, including reserves, subscriptions, concessions and authorizations, whichever is the Competent administration.

Article 63. Disposal of waste water.

Prior to the granting of the enabling administrative title for the occupation of the public domain, the sewage disposal system must be guaranteed, in accordance with the current provisions. The subsequent failure to comply with this obligation will result in the declaration of expiry of the administrative title and the lifting of the facilities, without prejudice to the penalty which, if appropriate, corresponds (Article 32.3 of Law 22/1988, 28 of (July).

Article 64. Uses and shipping facilities.

1. Jetties, ramps or other types of attacks to be used by vessels of regular passenger traffic lines on a commercial, temporary or permanent operating system shall not be placed outside the service area of the ports.

2. Where, for duly justified reasons, the facilities referred to in the previous paragraph are to be located outside an existing port service area, the extension of the site must be approved before the start of the works. port service area, in such a way as to include the affected maritime-terrestrial public domain. Such facilities shall preferably be located outside the beaches and subject to the assessment of their effects on the conditions of protection of the environment.

3. The approval of the location of docking, boarding or landing points or of approach to the coast for vessels intended for coastal tourist maritime excursions outside the service area of the ports shall be the responsibility of the Service Peripheral de Costas and shall be prior to the one to be issued by the competent body of the Ministry of Development in the field of Merchant Marine.

Section 2. " Beaches for use of beaches

Article 65. Use and occupation of beaches.

1. The beaches shall not be for private use, without prejudice to the provisions of Law 22/1988 of 28 July and in this Regulation on demanial reserves.

2. The facilities which, in addition to complying with the provisions of the previous Article, are permitted shall be freely accessible to the public, unless, for reasons of police, economic or other public interest, duly justified, they are authorised. other modes of use.

3. The beach service buildings shall be located, preferably outside the beach, with the dimensions and distances that are included in the following articles, having regard to their nature (Article 33.1, 2 and 3 of Law 22/1988 of 28 July).

When, in the opinion of the Ministry of Agriculture, Food and the Environment, it was not possible to locate the service buildings outside the beach, on the promenade or the adjoining land, they could be placed on the limit of that.

Article 66. Events of general interest with tourist impact.

1. In the urban sections of the beaches, events of general interest with a tourist impact that meet the requirements of this Article may be authorised.

In any case, once the occupation has been completed, the lifting of the facilities will be carried out immediately, the complete cleaning of the occupied land and the execution of the other precise actions to ensure the integrated conservation of the beach.

2. Events of general interest with a tourist impact shall be considered to meet any of the following requirements:

(a) Those declared to be of international, national, regional or local tourist interest by the competent body.

b) Sporting or cultural events that, while still being held sporadically, have a national or international impact.

3. For the purpose of holding such events, the local authority shall request authorization with a favourable report from the competent authority of the autonomous community, accompanied by a technical memory which at least has the following documents:

(a) Supporting documentation describing the characteristics of the event to be developed, with the express justification of:

1. The object of the event, with an express mention to the characteristics of the occupation of the maritime-terrestrial public domain (surface, facilities, time and estimate of occupants).

2. Justification of the declaration of the act intended as an event for the purposes of Law 22/1988, of July 28 and of this regulation.

3. The preventive measures to be taken by the applicant to avoid any environmental condition and to ensure the restoration of the stretch of beach to the state before the occupation.

4. The commitment to proceed immediately, and once the occupation has been completed, to the lifting of the installations, to the complete cleaning of the occupied land and to the execution of the other precise actions to assure the integrated conservation of the beach.

b) Graphic documentation of the object of the occupation, including situation plan, at minimum scale 1:5000 and detail plans, at minimum scale 1:500.

c) Financial economic study as provided for in Article 89 of this Regulation.

4. The title to be granted shall lay down the relevant conditions of the occupation. In any case, they will include those relating to the area and time of physical occupation, as well as the adoption of all preventive measures aimed at avoiding any environmental condition and to ensure the maintenance of the stretch of beach in the state. prior to the occupation. It shall establish the guarantee that the sponsor must deposit in order to ensure compliance with these preventive measures and, where appropriate, the subsidiary execution of the work of lifting the facilities, complete cleaning of the land busy and other accurate performances to ensure the integrity of the beach.

5. The provisions of this Article shall also apply for the conclusion of the events referred to in paragraph 2 in public-land-land public domain which does not have a beach condition provided that a condition is provided for.

Article 67. Cataloguing of the natural and urban sections of the beaches.

The cataloguing of the natural and urban sections of the beaches will be established by the competent authority on land management, which must take into account the urban or rural nature of the land adjacent to each of the sections, as well as their degree of environmental protection.

Article 68. Occupations on the natural stretches of the beaches.

Occupations on the natural stretches of beaches should observe the following requirements:

1. Activities and installations will be subject to the following rules:

(a) The activities or installations referred to in Article 61 (2) (a) may be authorised.

(b) The occupancy of the food and beverage vending establishments shall not exceed 70 square metres, of which, at most, 20 square metres may be used for closed installation. These facilities will be seasonal and removable in all its elements.

The distance between these establishments may not be less than 300 metres.

2. The area of each of these occupations shall be as small as possible and the total occupation shall in no case exceed 10% of the surface of the beach in pleamar.

The distribution of such facilities will be proposed by the City Council in accordance with the procedure laid down in Article 113 of this Regulation.

3. All service pipelines to these facilities must be underground.

4. The sanitation system will ensure an effective disposal of waste water, as well as the absence of bad odours. For this purpose, the facilities must be connected to the general sanitation network, if it exists, in any case the drainage or absorption systems that may affect the sand of the beaches or the quality of the water bath.

5. In any event, the lifting of any of the occupations or uses referred to in the above points will imply the obligation for the beneficiary of the administrative title enabled to the effect of replenishing the beach to its previous natural state to the occupation or use.

Article 69. Occupations in the urban sections of the beaches.

The occupations in the urban sections of the beaches will have to observe the following requirements, being guaranteed in any case the public, free and free use of natural resources:

1. The beach service buildings shall be located, preferably outside the beach, with the dimensions and distances listed in the following paragraphs. When, in the opinion of the Ministry of Agriculture, Food and the Environment, it is not possible to locate these buildings on the promenade or off the beach, they can be located in their inner boundary or, in the case where the width of the beach so so permits, at a minimum distance of 70 metres from the pleamar line, provided that the integrity of the public maritime-terrestrial domain and its use is not prejudiced.

2. In addition to the occupations planned for the natural sections of the beaches, the urban sections of the beaches may have fixed facilities for food and beverage vending establishments, with maximum occupancy, except for cases where the duly justified, of 200 square meters, of which 150 square meters can be of closed building and the rest of the terrace closed by detachable elements that guarantee the permeability of views. On this surface, another 70 square metres of open and removable occupancy can be added plus a grooming area, which will not be able to exceed 30 square metres, provided that it is for free and public use.

The distance between these establishments may not be less than 150 metres.

3. The removable facilities for food and beverage vending establishments shall be located at least one hundred metres apart from others providing a service of the same nature located in public maritime-terrestrial domain. If the closed area exceeds 20 square metres, it must have a concessional title.

4. The distances referred to in paragraphs 2 and 3 of this Article may be halved between non-similar activities.

5. The distances and areas set out in the preceding paragraphs shall not apply between terraces on boardwalks linked to establishments located outside the public domain, which may be situated together with their respective establishments, as long as the passage and public use are not obstructed.

6. All service pipelines to these facilities must be underground.

7. The sanitation system will ensure an effective disposal of waste water, as well as the absence of bad odours. For this purpose, the facilities must be connected to the general sanitation network, with any prohibited drainage or absorption systems that may affect the sand of the beaches or the quality of the bathing water.

8. The area of each occupation shall be as small as possible and the total occupation of all of them, irrespective of the use to which they are intended, shall in no case exceed 50% of the surface of the beach in pleamar.

The distribution of such facilities shall be established by the autonomic authority responsible for the management of the coast or, failing that, it shall be carried out in a homogeneous manner along the beach.

9. The areas and distances listed in the preceding paragraphs shall not apply to existing buildings which have reverted to the public maritime domain and to which the Ministry of Agriculture, Food and the Environment Environment expressly decides its maintenance by its unique characteristics.

10. The provisions of this Article shall also apply to occupations in public maritime-land domain which do not have the nature of the riverbank.

Article 70. Facilities for sport activities of a federated nautical character.

1. Concessions and authorizations for the occupation of the public domain for installations intended for sport activities of a federated nautical character, which may be granted only in urban stretches of beach, in addition to the provisions which they are generally applicable and the specific rules of their activity must comply with the following criteria:

a) The facilities will be located, preferably, off the beach. Where this is not possible, they shall be located at the ends of the beach, attached to the limit of the beach.

b) The permitted uses in these facilities will be strictly necessary to perform the nautical sports activity.

(c) The facilities must be adapted to the environment in which they are located and shall not exceed 300 square metres, excluding the area occupied by the area of stranded.

(d) In no case shall facilities for non-nautical sporting activities be permitted.

2. In order to order the existence of these facilities and to rationalise their need and location on the coast, the application for administrative title must be accompanied by a report from the relevant Federation. The report shall give an opinion on the size of the fixed installations and, where appropriate, the area of varada.

For the same purpose will be requested report of the competent organ of the autonomic administration and, if necessary, of the corresponding Harbour Authority, that they will have to express expressly on the possible incidence with the the operation of marinas or other installations of a nautical nature within its competence. If no report is issued within one month, the report shall be deemed to be favourable.

The area intended for a stranded area shall be determined on the basis of the stretch of coast where it is located, without being able to prevent the public use of the beach for the remainder of the purposes set out in Article 31 of Law 22/1988, 28 of July. In any case, the surface shall compute for the purposes of the maximum 50 per cent of the surface of the beach in pleamar.

To carry the sports nautical activity the launch or varada of boats, must be permanently free a strip of 15 meters, at least, from the shore in pleamar. In addition, it must be done through duly signposted channels located in the vicinity. In the absence of duly authorised channels in the vicinity, the project shall provide for the relevant channel. The technical characteristics and location of the same must be informed favorably by Ports of the State, prior to their installation.

3. All service pipelines to these facilities must be underground.

4. The sanitation system will ensure an effective disposal of waste water, as well as the absence of bad odours. For this purpose, the facilities must be connected to the general sanitation network, if it exists, in any case the drainage or absorption systems that may affect the sand of the beaches or the quality of the water bath.

Article 71. Air-laying on the beaches.

Air-laying shall not be permitted on beaches, unless duly justified material impossibility.

Article 72. Prohibited uses of parking, movement of vehicles, camps and camping.

1. The parking and unauthorised movement of vehicles, as well as the camps and campsites, shall be prohibited (Article 33.5 of Law 22/1988 of 28 July).

2. Such prohibitions shall apply to all public maritime-terrestrial domain, except for the parking and movement of vehicles, which shall only affect the beaches.

3. Camping shall mean the installation of tents or of habitable vehicles or trailers. Camp shall be understood as an organized camp equipped with the services and supplies established by the regulations in force.

4. Those who violate the prohibitions laid down in this Article shall immediately, at the oral request of the Agents of the Administration, immediately dislodge the public domain occupied, without prejudice to the instruction of the sanctioning file when it is from. The Peripheral costs service may be of interest to the Government Delegate in the collaboration of the public force when this is necessary.

Article 73. Prohibited uses in bathing areas.

1. Sports and recreational boating shall be prohibited in the duly placed bathing areas, and the use of any type of vessel or floating means moved to sail or motor. The launch or stranding of vessels shall be carried out through duly signposted channels, as set out in Article 70.2 of this Regulation.

2. In the stretches of coast which are not bordered as a bathing area, it shall be understood that the bathing area is adjacent to the coast of a width of 200 metres on the beaches and 50 metres on the rest of the coast.

Within these areas, it will not be possible to sail at a speed of more than three knots, and the necessary precautions must be taken to avoid risks to the safety of human life at sea. Any type of spill from vessels shall be prohibited.

Article 74. General rules for the occupation of the beaches.

In the absence of planning, the occupation of the beach by installations of any kind, even those corresponding to seasonal services, must observe, in addition to the indicated in the previous articles, the following Determinations:

(a) A strip of at least six metres shall be permanently free from the shore in pleamar.

(b) The lengths of the sections free of occupancy must be at least equivalent to those provided for in operation, without the latter being able to exceed 100 metres, unless the configuration of the beach advises another distribution.

(c) The launch and stranding zones shall preferably be located at the ends of the beach or in other areas where their interference with the common uses referred to in Article 60.1 of this Regulation and in connection is minimised. with rolled access and channel channels.

Section 3. Other Common Principles

Article 75. Refusal of requests for use of the public maritime-land domain.

1. Applications for use of the public-land public domain which are clearly opposed to the provisions of the legislation in force shall be refused within the maximum period of two months, without further processing than the hearing before the petitioner.

The use of the public maritime domain for uses not permitted by Law 22/1988 of 28 July, or which produce irreparable or difficult damages, shall be deemed to be in a manner known to the law in force. repair in the maritime-terrestrial public domain.

If there are any deficiencies which may be remedied, the form provided for in Law 30/1992 of 26 November and the following Article shall be carried out.

2. After the maximum period for processing the application for use of the maritime-terrestrial public domain without having been notified to the interested party or interested, it shall be deemed to be rejected by administrative silence, according to the with the provisions of Article 43.1 of Law 30/1992 of 26 November.

Article 76. Deficiency of deficiencies.

1. The competent authority shall communicate the deficiencies observed to the petitioners so that they may make their claims or subs1 them within 10 days, indicating that, if they do not do so, they shall be withdrawn from the their request, in accordance with the provisions of Article 71 of Law No 30/1992 of 26 November

to transfer the decision to the parties concerned.

2. Where the General Administration of the State is competent, it is for the Ministry of Agriculture, Food and the Environment, through the Peripheral Coast Service, to exercise the powers provided for in the previous paragraph.

Article 77. No obligation to issue securities.

The Administration is not obliged to grant the titles of use of the public maritime-terrestrial domain that are requested according to the determinations of the approved plan or rules, and may be denied for reasons of duly substantiated public interest (Article 35.2 of Law 22/1988 of 28 July).

Article 78. Requirement for guarantees.

1. In the case of uses likely to cause damage or damage to the public or private domain, the General Administration of the State shall be empowered to require the applicant to submit all economic studies and guarantees in the following paragraph for the prevention of those, the replacement of the goods concerned and the corresponding allowances (Article 36 of Law 22/1988 of 28 July).

2. For the purposes of establishing the economic guarantees referred to in the preceding paragraph, the following shall be taken into

:

(a) They shall be determined by the competent authority of the General Administration of the State for the award of the title, once in accordance with the studies presented, which shall include the corrective measures appropriate for the prevention of damage and the replacement of property.

(b) They may be formalized by any of the systems supported by the current rules, they shall be irrevocable, they shall be automatically executed and shall be extended until the expiration date.

For enforcement, where appropriate, the provisions of Section 2. of Chapter 3 of Title V of this Regulation shall be provided.

(c) The possible condition relating to the private domain and the corresponding compensation shall be determined by the Administration, either on its own initiative or at the request of the possible injured party, without prejudice to the actions judicial that he himself may exercise.

Article 79. Powers of the General Administration of the State on maritime-terrestrial public domain.

1. The occupation of the public domain will in no way imply the cession of this, nor its use will mean the cession of the demanial faculties of the General Administration of the State, nor the assumption by this of responsibilities of any kind with respect to the holder of the right to occupation or to third parties. The aforementioned holder shall be liable for damages which may cause the works and activities to the public and private domain, except in the case where those have their origin in a clause imposed by the Administration to the holder. and be of inescapable compliance by this one.

2. The General Administration of the State shall keep at all times the powers of guardianship and police over the affected public domain, the owner of the occupation or activity being obliged to inform that of the incidents that occur in the relationship to the goods and to comply with the instructions given to it (Article 37 of Law 22/1988 of 28 July 1988).

The provisions of the foregoing paragraph shall be without prejudice to the powers of management of the Autonomous Communities in respect of those activities which correspond to matters within their competence to be developed over the domain of public.

Article 80. Record of uses of public-land public domain.

1. The competent authority shall keep the register of uses of the public maritime-terrestrial domain, in which it shall be registered, in the manner in which this article is determined, the reserves, the allowances and the concessions, as well as the authorisations for polluting discharges, reviewing at least annually the fulfilment of the conditions laid down, as well as the effects produced. Such records shall be of a public nature and may be of interest to the appropriate certifications on their content, and the same means of proof of the existence and status of the corresponding administrative title, without prejudice to their registration. in the Land Registry to the effects prevented in the Mortgage Law. Changes in ownership and characteristics that may occur shall also be reflected in the corresponding seat.

2. In the case of uses for which the authorisation corresponds to the General Administration of the State, the Register shall be composed of individual tokens duly numbered and authenticated and may be replaced by a data bank susceptible to processing computer. The competent authority may issue instructions on its content.

For these purposes, tokens of each of the uses indicated above shall be drawn up, which shall contain at least the following data: province, municipal term, location, destination, holder, area granted, period, fee and, where applicable, changes in ownership and characteristics, extensions and penalties for serious infringements.

3. Certifications on the content of the Use Registry shall be requested from the competent Administration.

4. The Registry will be carried out by the Ministry of Agriculture, Food and Environment and the certifications on its content will be requested to the Peripheral Coast Service. For this purpose, the Service shall carry an updated duplicate of the Register for the securities located in its territorial division, which may be replaced by a computer connection with the data bank.

5. The Register of uses of the public maritime-land domain shall be public. Requests for environmental information on its content shall be governed by the provisions of Law 27/2006 of 18 July on the rights of access to information, public participation and access to justice. in the field of the environment.

Article 81. Advertising.

1. Permanent advertising is prohibited through posters or billboards or by acoustic or audiovisual media.

Exceptionally, and subject to the conditions set out in the following paragraphs, advertising may be authorized provided it is an integral part of or accompanied by permitted installations or activities in the public domain -land-maritim-provided that it is compatible with its protection (Article 38.1 of Law 22/1988 of 28 July).

2. Advertising may be authorised where it is compatible with the protection of maritime-terrestrial public domain and does not undermine its use and does not involve a risk to life, health or safety for persons.

3. Advertising by acoustic or audiovisual media shall not be authorised where the common uses of the public maritime-terrestrial public domain interfere or undermine.

4. It may be permitted, exceptionally, in accordance with the provisions of paragraph 1, in the following cases:

(a) Indicators of duly authorized establishments, provided that they are placed on their facade and do not entail a reduction of the visual field generated by the volume of the building or installation itself. Under the same conditions, signs or signs of other marks issued in the establishment may be accepted.

(b) In the fences the placement of which is necessary for the functionality of the installation or for the development of activities.

(c) Advertising elements of the sponsors of the recreational or sporting activities that are duly authorized, provided that they are integrated or accompanied by the elements authorized for their performance.

The advertising media used may not imply an additional reduction of the visual field, produce noise or vibration or break the harmony of the landscape.

5. It shall also be prohibited, irrespective of the means of dissemination used, for the announcement of activities in the public maritime domain which do not have the corresponding administrative title or which do not comply with their conditions (Article 38.2). of Law 22/1988, of July 28).

Article 82. Title requirement for the supply of electricity, water, gas and telephony.

1. The companies supplying electric power, water, gas and telephony will require for the hiring of their respective services the presentation of the administrative title required according to Law 22/1988, of July 28, for the realization of the works or installations on the beaches, land-land area or sea (Article 39 of Law 22/1988 of 28 July).

2. The supplying undertakings shall keep a copy of the relevant concession or authorisation for display at the request of the competent authority.

Article 83. Sanction of previously unauthorized uses.

The previously unauthorised uses, as provided for in Law 22/1988 of 28 July, shall be sanctioned in accordance with the provisions of Title V, without prejudice to their legalisation where possible and shall be deemed to be appropriate, in which case, the procedure and the criteria laid down in Law 22/1988 of 28 July and this regulation for the granting of the corresponding title (Article 40 of Law 22/1988 of 28 July) shall be followed.

Article 84. Provision by the Administration of the public domain occupied in case of states of need or exceptional.

1. In the event of a storm, serious risk, disaster or public calamity or any other state of need, urgency or concurrency of anomalous or exceptional situations, the competent authority may, without delay and without prior compensation, the public domain occupied and the works and facilities granted or authorised, in so far as it deems necessary for the protection and security of the goods and persons concerned. For the corresponding indemnities, the provisions of the Law of 16 December 1954 on Compulsory Expropriation (Article 41 of Law 22/1988 of 28 July) will be provided.

2. The competent authority may temporarily close the domain to public use, where circumstances so advise, in order to avoid risks to the safety or health of users or in other anomalous or exceptional situations, without this closure can give rise to any kind of compensation.

CHAPTER II

Projects and works

Article 85. Project for the occupation or use of maritime-terrestrial public domain.

1. For the competent administration to resolve the occupation or use of the public maritime-terrestrial domain, the corresponding basic project will be formulated, in which the characteristics of the installations and works will be fixed, the extension of the area of public maritime-terrestrial domain to be occupied or used and the other specifications as determined in Article 88 of this Regulation. Subsequently, and before the works are started, the construction project will be formulated, without prejudice to the fact that, if desired, the petitioner may present this and not the basic one accompanying his application (Article 42.1 of Law 22/1988, 28 of (July).

The variable of climate change will be introduced in the decision on the occupation or use of the public maritime-terrestrial domain.

2. Where the planned activities could lead to a major alteration of the public maritime-terrestrial domain, a prior assessment of their effects on the public domain will be required, including the study of the impact of the activities. projected on the public maritime-land domain, both during its implementation and during its operation, and should include, where appropriate, the necessary corrective measures.

Article 86. Submitting the project to public information.

The project shall be subject to public information, except in the case of authorisations or activities related to national defence or for security reasons (Article 42.3 of Law 22/1988 of 28 July).

Article 87. Economic-financial study.

When it is not used by the Administration, an economic-financial study will be accompanied, the content of which will be defined in Article 89 of this regulation and the estimated budget of the works located in the domain. Maritime-terrestrial public (Article 42.4 of Law 22/1988 of 28 July).

Article 88. Documents to be provided with the basic project.

The basic project, which must be subscribed by competent technician, will contain the following documents:

(a) The supporting and descriptive report, where appropriate, which shall contain the declaration referred to in Article 97 of this Regulation, as well as the specifications referred to in Article 85 of this Regulation; other relevant data, such as the basic criteria for the project, the programme for the implementation of the work and, where appropriate, the waste water disposal system.

(b) Planes: Where appropriate, at a convenient level of location, with representation of the deslinde and the area to occupy, at scale not less than 1/5,000 with the classification and urban uses of the environment, topographic of the current state, at scale of not less than 1/1,000; of general plant, in which the planned installations and works are represented, which shall include the dislinde and the surface to occupy or use in the public maritime-terrestrial domain, shore lines, serfdom zones transit, protection and access and, where appropriate, the restoration of the affected and land to be incorporated into the public maritime-terrestrial domain of raised and characteristic sections, when they are necessary for its definition, with the geometry of the works and installations.

c) Photo information about the area.

d) Budget with the valuation of the most significant work units and items.

e) Determination of the possible condition to Natura 2000 sites or any other environmental protection figures. In those projects in which the said condition can be produced, the project will include the necessary bionomical study related to the scope of the intended action in addition to a strip of the environment of the same at least 500 meters wide.

Article 89. Content of the economic-financial study.

In the event that direct management by the Administration is not provided for, the economic and financial study referred to in Article 87 of this Regulation shall develop the foreseeable development of the holding, taking into account various repayment term alternatives in accordance with the provisions of this Regulation, and shall contain:

(a) Estimated income ratio, with fees payable by the public and, if applicable, decomposition of its constituent factors as a basis for future revisions.

b) Relation of expenses, including those of projects and works, and fees and charges to be met, as well as conservation, energy consumption, personnel and other necessary for exploitation.

In addition, the costs arising from the corrective measures to be imposed, as well as the costs arising from the monitoring plan for the verification of the effectiveness of those measures, shall be included where these exist.

c) Net profitability assessment, before tax.

Article 90. Execution of the works.

1. The works will be carried out according to the construction project that will be approved in each case, which will complete the basic project (article 43 of Law 22/1988, of July 28).

2. The address of the works shall be carried out by competent technician.

Article 91. Project content.

1. The projects shall be formulated in accordance with the planning which, where appropriate, develop, and subject to the general, specific and technical rules approved by the competent authority, in the light of the type of work and its location (Article 44.1 of Law 22/1988, of July 28).

2. They must provide for the adaptation of the works to the environment in which they are located and, where appropriate, the influence of the work on the coast and the possible effects of the latter's regression (Article 44.2 of Law 22/1988, of 28 July).

The projects should also contain an assessment of the possible effects of climate change on the land where the work is to be located, as set out in Article 92 of this Regulation.

3. Where the project contains the forecast of actions at sea or in the maritime-land area, it shall include a basic study of the coastal dynamics referred to in the corresponding coastal physiographic unit and the effects of the actions. in accordance with the provisions of Article 93 of this Regulation (Article 44.3 of Law 22/1988 of 28 July 1988).

4. For the creation and regeneration of beaches, priority should be given to action on the surrounding areas, the removal or mitigation of the barriers to the marine transport of aggregates, the artificial contribution of these, the submerged works at sea and any other action involving the least aggression against the natural environment (Article 44.4 of Law 22/1988 of 28 July).

Article 92. Content of the assessment of the effects of climate change.

1. The assessment of the effects of climate change shall include consideration of the rise of the average sea level, the modification of the waves ' directions, the increases in wave height, the modification of the duration of temporary and in general all changes in the coastal dynamics of the area, in the following periods of time:

(a) In the case of projects whose purpose is to obtain a concession, the time limit for the application of the concession, including possible extensions.

(b) In the case of coastal protection works, ports and the like, a minimum of 50 years from the date of application.

2. The adaptation measures to be defined in the strategy for the adaptation of the coast to the effects of climate change, as laid down in the eighth additional provision of Law 2/2013 of 29 May, should be considered.

Article 93. Content of the basic study of coastal dynamics.

The basic survey of coastal dynamics referred to in Article 91.3 of this Regulation shall be accompanied as annexed to the Report, and shall comprise the following aspects:

a) Study of coastal transport capacity.

b) Sedimentary balance and development of the coast line, both prior and foreseeable.

c) Maritime weather, including both directional and temporary surf and school statistics.

d) Dynamics resulting from the effects of climate change.

e) Batimetries to areas of the fund which are not modified, and the form of balance, in plant and profile, of the tranche of coasts concerned.

f) Geological nature of the funds.

g) Subsea biosphere conditions and effects on the same of the actions envisaged in the manner outlined in Article 88 (e) of this Regulation.

h) Available resources of aggregates and quarries and their suitability, forecast of dredging or transfer of sands.

i) Plan to monitor the planned actions.

j) Proposal for the minimisation, where appropriate, of the impact of the works and possible remedial and compensatory measures.

Article 94. Decrease of the existing beach surface.

The significant decrease of the existing beach surface, caused by the projected activities, should, if necessary, be compensated with another equivalent, to create or regenerate in the area, without this compensation being a condition sufficient for the title to be granted.

Article 95. Location of the boardwalks.

1. The sea walks will be located off the shore of the sea and will be preferably pedestrian (article 44.5 of Law 22/1988, of July 28).

2. In the case of modification of the characteristics of existing sea rides, roads shall not be permitted in the same, unless there is no possibility of placing other alternative routes in the vicinity.

Article 96. Waste water treatment facilities.

1. Waste water treatment facilities will be located outside the sea bank and the first twenty metres of the protection servitude zone. The installation of collectors parallel to the coast within the shore of the sea and the first twenty metres of the adjoining land shall not be authorised (Article 44.6 of Law 22/1988 of 28 July).

2. Repair of existing collectors as well as their construction when integrated into boardwalks or other paved roads shall not be understood to be included in the prohibition cases in the previous paragraph.

Article 97. Compliance with the provisions of Law 22/1988 of 28 July 1988 and other legislation.

1. The projects will contain the express declaration that they comply with the provisions of Law 22/1988 of 28 July 1988 and of the general and specific rules for their development and implementation (Article 44.7 of Law 22/1988, 28 of (July).

2. The authors shall respond to the accuracy and veracity of the technical and urban planning data recorded.

Article 98. Processing of projects.

1. The processing of the projects of the General Administration of the State shall be carried out in accordance with the provisions of this Article, subject to submission, to public information and to the report of the departments and bodies to be determined. If, as a result of the arguments put forward in that procedure, substantial changes were made to the project, a new reporting period will be opened (Article 45.1 of Law 22/1988 of 28 July).

2. The provisions of this Article for the projects to be carried out by the General Administration of the State shall apply to works of general interest referred to in Articles 111 of Law 22/1988 of 28 July 1988 and 221 of this rules.

3. The projects shall contain the documents identified in the public sector contract legislation.

4. The processing of the projects of first establishment, reform or major repair works will comprise:

(a) The phase of public information, if any, within twenty days.

b) Report from the Autonomous Community.

c) Report of the City Council on whose term the works are deployed.

(d) a favourable report by the Ministry of Public Works or the Maritime Capitanies in the case of works likely to pose a risk to maritime safety, navigation and human life at sea, as well as in order to prevention of pollution of the marine environment.

e) Report of the competent authority on the costs of the Ministry of Agriculture, Food and the Environment, in the case of projects of other organs or departments.

(f) Report of the Ministry of Defense when they may affect the public interests protected by the Ministry of Defense.

5. The reports may be collected during the period of public information, and must be issued within one month, after which, without having been evacuated, the processing of the file shall be continued.

6. The projects of the Ministry of Agriculture, Food and the Environment of a scarce entity, or of works of minor repairs or maintenance and maintenance, will be excluded from the previous processing.

Article 99. Need for occupation of goods and rights that need to be expropriated.

1. The approval of such projects shall imply the need for occupation of the goods and rights which, where appropriate, must be expropriated. To this end, the project must include the individual and individual relationship of the goods and rights concerned, with the material description of the goods and rights (Article 45.2 of Law 22/1988 of 28 July).

2. For the purposes of the preceding paragraph, the project shall include an annex of expropriations, which shall include, in addition to that specified in that paragraph, the following data:

(a) A parcelary plane, with the individual farms and affected operators, the line of dislinde of the public maritime-terrestrial domain must be included.

(b) Economic valuation of the goods and rights concerned, which must be carried out in accordance with the provisions of the Royal Legislative Decree of 20 June, approving the recast text of the Law of Soil.

Article 100. Need for occupation of other goods and rights.

The need for occupation will also cover the goods and rights included in the project review and in the modifications of work that can be subsequently approved, with the same requirements as in the articles (Article 45.3 of Law 22/1988 of 28 July).

Article 101. Plans of works and other actions.

In order to guarantee the integrity of the maritime-terrestrial public domain and the effectiveness of the protection measures on it, the General Administration of the State may approve plans of works and other actions of its competence (Article 46 of Law 22/1988 of 28 July).

CHAPTER III

Reservations and subscriptions

Section 1. Reservations

Article 102. Reservation of use of certain belongings of the public maritime-terrestrial domain.

1. The General Administration of the State may reserve the total or partial use of certain belongings of the public maritime domain exclusively for the purposes of its competition, provided that the circumstances prevented by Articles 32 of Law 22/1988 of 28 July 1988 and Articles 61 and 62 of this Regulation.

2. The reservation may be for the conduct of studies and investigations, or for works, facilities or services. Its duration shall be limited to the time required for the fulfilment of the purposes referred to in the previous paragraph.

3. The reserve zone declaration shall be made by agreement of the Council of Ministers. It shall prevail against any other use and shall imply the declaration of public utility and the need for occupation, for the purposes of expropriation of pre-existing rights which are incompatible with it (Article 47 of Law 22/1988, of 28 July).

4. The reservation request shall be accompanied by the project of the works and installations or, if they do not exist, of the definition of uses or activities to be carried out on the affected area.

5. The application for a declaration of a reserve zone shall be submitted to a report of the Autonomous Community and, in accordance with the provisions of Articles 115 (b) of Law 22/1988, of 28 July, and 225 (b) of this Regulation, of the affected councils. It will also have to submit to the report of the Ministry of Agriculture, Food and the Environment, when the same is done in favor of another ministerial department. These reports shall be issued within one month, after which the processing of the file shall be continued without having been evacuated.

6. The proposal will be raised to the Council of Ministers by the holder of the ministerial department to which the reservation is made.

7. The reserve will be declared, a record will be signed by representatives of the ministerial department concerned and the Ministry of Agriculture, Food and Environment.

8. Works and installations, or uses or activities, for which the reservation was declared, may not be modified for the duration of the reservation. Your modification will have identical processing as the initial request.

Article 103. Use or exploitation of the reserve areas.

1. The use or exploitation of the reserve zones may be carried out by any of the direct or indirect management procedures provided for in Article 277 of the recast of the Law on Public Sector Contracts, approved by Real Legislative Decree 3/2011 of 14 November.

2. The reservation may in no case be covered by other uses or activities other than those which justified the declaration (Article 48.1 and 2 of Law 22/1988 of 28 July).

Section 2

Article 104. The addition of land-maritime public domain goods to the autonomous communities for the construction of new ports and transport routes.

1. The addition of land-maritime public domain goods to the autonomous communities for the construction of new ports and routes of transport of ownership of those, or of extension or modification of the existing ones, will be formalized by the General Administration of the State. The portion of the public domain assigned shall retain such legal status, corresponding to the autonomous community the use and management of the same, appropriate to its purpose and subject to the relevant provisions. In any event, the time limit for concessions granted in respect of goods, including carryovers, may not exceed the maximum period of validity laid down in the State legislation for concessions on port public domain in ports of general interest.

2. The attachment shall be limited to the land-land public domain area occupied by the port service area or by the transport route.

Article 105. Permitted uses in the port service area of maritime-terrestrial public domain goods.

1. In the port service area of the land-based maritime public domain goods, which do not meet the characteristics of Article 3 of Law 22/1988 of 28 July, and Article 3 of this Regulation, in addition to the uses necessary for the development of the port activity, commercial and restoration uses may be permitted, provided that the marine-terrestrial public domain and the port activity are not harmed and are in line with the established planning. In any case, buildings intended for residence or room are prohibited.

2. The maximum permitted area for the uses provided for in the preceding paragraph shall comply with the following conditions:

a) It shall be less than 16 per cent of the water sheet covered by the port's levees.

b) It shall be less than 10 percent of the land surface of the port.

c) It shall be less than 20 square meters per berth.

3. Its planning and location will be subordinate to the needs of the port activity, and should not interfere, affect or harm the port activity.

Article 106. Projects of the Autonomous Communities.

1. For the purposes referred to in Article 104, the projects of the Autonomous Communities shall have the favourable report of the General Administration of the State in respect of the delimitation of the State-owned public domain, intended uses, including the specific determination of the area and location to be used for the uses authorised by Article 49. 4 of Law 22/1988, of 28 July, and 105 of this regulation, and measures necessary for the protection of the public domain, without whose requirement those cannot be understood definitively approved.

2. The projects of the Autonomous Communities shall also contain an assessment of the possible effects of climate change on the land where the works are to be located, in accordance with Article 44.2 of Law 22/1988 of 28 July, and 92 of this regulation.

3. The final approval of the projects will imply the attachment of the public domain in which the works are located and the delimitation of a new zone of harbour service or the extension or modification of the existing one, with the distribution area and uses provided for in paragraph 1 of this Article. The membership will be formalised by means of a signed act representing both administrations.

4. The addition of land-maritime public domain property to the autonomous communities shall not be charged to the General Administration of the State. The concessions or authorizations granted by the autonomous communities in the maritime-terrestrial public domain shall bear the corresponding occupation fee in favour of the General Administration of the State, without prejudice to those which are required by those.

Article 107. Attachment procedure.

The attachment will be formalized using the following procedure:

(a) The autonomous community concerned will forward the project to the Ministry of Agriculture, Food and Environment for its report, prior to its final approval.

The report should be issued within two months from the time the Ministry of Agriculture, Food and Environment has the necessary documentation. After that period without having been evacuated, this shall be deemed to be favourable.

b) Approved definitively the project by the autonomous community, it will notify the Ministry of Agriculture, Food and Environment of this resolution, after which they will subscribe minutes and plan of membership of both Administrations.

c) The works cannot be started until the attachment has been formalized.

Article 108. Liberalization of the competition ports of the autonomous communities.

1. The liberalization of the ports of competition of the autonomous communities must be carried out in accordance with the regulations, technical characteristics and location of the devices that have been approved by Ports of the State, after the opinion of the Committee of Fars.

2. The Maritime Capitanies, for reasons of safety for navigation, may decree the closure of the port to the marine traffic if the referred instructions regarding the baling are not fulfilled, prior requirement and audience to the community autonomic.

Article 109. Reversion of marine-terrestrial public domain goods attached.

1. Maritime-terrestrial public domain goods assigned to an autonomous community that are not used for the purpose of the purposes to which they are assigned or that are necessary for economic activity or the general interest according to the Articles 131 and 149 of the Constitution, shall revert to the State, after hearing of the Autonomous Community, by the procedure laid down in the following paragraph, and shall be given the destination that is obtained in each case (Article 50 of the Law 22/1988, of July 28).

2. In the event of non-compliance with the purposes that justified the attachment, the reversal shall be in accordance with the following procedure:

(a) The Ministry of Agriculture, Food and Environment will request the mandatory report of the autonomous community, which will be issued within one month, on the use or not of the land for the fulfillment of the purposes for which they were assigned.

(b) If the Autonomous Community is in conformity with the continuation of the procedure, the Ministry of Agriculture, Food and Environment shall propose to the Council of Ministers the reversion of the land attached to it.

(c) If the Autonomous Community manifests its discrepancy, a period of consultation between the two administrations will be opened to resolve the differences by common accord.

3. When the reversion is urged by the autonomous community, the proposal will be raised to the Council of Ministers, through the Minister of Agriculture, Food and Environment.

4. In the other cases, the reversal shall require prior communication to the autonomous community of the reasons justifying it, so that the latter may, within a period of one month, make any such statement as it considers relevant. These claims will be incorporated into the proposal to be raised to the Council of Ministers.

5. In any event, the reversal shall take effect from the date on which it is agreed by the Council of Ministers and shall be formalised by means of the minutes to be signed by the representatives of both administrations.

CHAPTER IV

Authorizations

Section 1. General Provisions

Article 110. Activities and occupations subject to prior administrative authorisation.

1. The activities in which, even without requiring works or installations of any kind, are subject to special circumstances of intensity, danger or profitability, and also the occupation of the domain, shall be subject to prior administrative authorization. public maritime-land with removable facilities or with movable property.

2. It shall be understood as non-mountable installations:

a) Precise at most one-off works of foundation, which, in any case, will not stand out from the ground.

(b) consist of prefabricated series elements, modules, panels or the like, without the manufacture of materials or the use of welds.

c) Be mounted and dismantled by sequential processes, with the possibility of being lifted without demolition and the assembly of its elements easily transportable (article 51 of Law 22/1988, of July 28).

3. It is understood that special circumstances of intensity, danger or profitability are present when in the activities they are given, respectively, of any of the following:

(a) That they are not compatible with the activities referred to in Articles 31.1 of Law 22/1988, of 28 July, and 60.1 of this Regulation.

b) That their exercise means a danger or risk to the integrity of persons or property.

c) That the use of the public maritime-terrestrial domain is a determining factor in the economic profitability of the activity.

4. Occupation with movable property shall be understood to be that produced by its location in the maritime-terrestrial public domain on an ongoing basis or, in any case, for longer than one day.

Article 111. Requests for authorization.

1. Applications for authorisation may relate only to the facilities and activities referred to in Article 32 (1) and (2) and 33.6 of Law 22/1988 of 28 July.

2. Applications may be submitted for public information, as determined in Article 152.8 of this Regulation.

3. Authorisations shall be granted on a personal and non-transferable basis, except in the case of discharges, and shall not be entered in the Register of Property.

4. The term of maturity shall be as determined in the corresponding title and shall not exceed four years.

5. Applications for authorisation shall be granted, where appropriate, with the criteria set out in general in this Regulation for each type of facility or activity and in accordance with the applicable planning.

Article 112. Revocation of authorisations and withdrawal of installations.

1. Authorizations may be unilaterally revoked by the General Administration of the State at any time, without the right to compensation, when they cause damage to the public domain, prevent their use for activities of greater interest public use, or the public use, when the occupied land bears a certain risk that the sea will reach them and when they are incompatible with the legislation subsequently adopted. In the latter case, the authorisation shall be revoked only if, within three months of the date on which it was communicated to the holder, the holder has not adapted his occupation to the new legislation or the adaptation is not possible legally (Article 55.1 of Law 22/1988 of 28 July).

If the revocation occurs on the basis of rules approved after it has to be executed by the autonomous community or when it corresponds to the competition of the same one to appreciate the reasons of greater public interest of others activities, the file will be initiated at the initiative of the latter.

2. The holder shall have the right to withdraw from the public domain and his servitude areas the appropriate facilities and shall be obliged to withdraw the authorization if the competent authority so determines in the the form and time limit to be fixed by the Administration from the extinction of the authorisation, which shall not exceed 15 days.

In any case, you will be obliged to restore altered physical reality.

4. If the withdrawal does not take place within the prescribed period or conditions, the Administration shall carry out its subsidiary implementation, applying the guarantee provided for in this respect. If the same is not enough, the difference shall be paid within ten days, in other cases where the award is made.

Section 2. Season Services on beaches

Article 113. Season service exploitation authorizations.

1. Authorisations for the operation of seasonal services on beaches that require only removable installations shall be granted to the Ayuntamas upon request, in the form specified in the following paragraphs.

2. Under no circumstances may the granting of such authorisations be subject to the principle of public use of the beaches (Article 53 of Law 22/1988 of 28 July).

3. In the last quarter of the year, the Peripheral Coast Service of the Ministry of Agriculture, Food and the Environment will be directed to the coastal municipalities of its territorial scope, fixing a period of time, which will not exceed two months, so that request, on a preferential basis, the authorisations for the operation of the seasonal services for the following financial year or years.

Season services may have an authorization for a maximum of four years, but the facilities must be dismantled after the completion of each of the seasons included in the duration of the season. authorization.

4. The municipalities interested in the operation of the services, must submit the application for the corresponding authorization directly in the Peripheral Coast Service or through the Autonomous Community, within the period previously established, accompanied by the proposal for the delimitation of zones to be occupied by those, of the plans of the facilities and services whose definition so requires and of the economic-financial study.

5. Granted the authorization by the Peripheral Coast Service, the Councils, prior to the payment of the corresponding occupation fee, may proceed to their exploitation, by themselves or by third parties.

6. In the case of exploitation by third parties, the Peripheral Costs Service shall include, among the terms of the authorization, the obligation of the City Council to require them to make a deposit prior to that in the General Box of Deposits, in order to respond to the costs of the subsidiary execution of the lifting of the facilities if they do not arise, within the period to be fixed by that Service.

The City Council shall communicate to the Peripheral Coast Service the nominal relationship of the third parties responsible for the operation, prior to the commencement of the operation. The municipalities will ensure that in the procedures for tendering the service of the seasonal service on beaches the greatest interest and public utility of the proposals will be attended, that they will be valued according to criteria that must be specified by the Councils in the corresponding specifications, with respect to the principles of publicity, impartiality, transparency and competitive competition. These documents will be published in the Official Gazette of the Autonomous Community.

The period of exploitation by third parties may not exceed the period of the authorization granted to the City Council.

7. Upon completion of its installation, the City Council will require the Peripheral Coast Service to practice its recognition in order to verify its agreement with the authorization granted.

8. The Peripheral Costas Service may grant the authorization to other natural or legal persons, after communication to the City Council and processing in accordance with the procedure laid down in this Regulation, in the following cases:

(a) Where the request of the City Council has not occurred during the period referred to in paragraph 3.

b) When such request is legally unacceptable.

(c) When the City Council has incurred non-compliance with the conditions of the title in the previous season, disregarding the express requirement of that Service.

Where appropriate, the Peripheral Coast Service may hold a tender for its grant, as provided for in Article 158 of this Regulation, to which the Town Hall may be presented in parity with the other contestants.

9. For the commercially exploited floating equipment, the authorization of the Peripheral Coast Service for the placement of the launching zones and stranded within the boundaries for the purposes of the commercial operating equipment must be obtained by the interested parties. seasonal services, prior to the operation to be granted by the Maritime Capitanies; in this last authorization it will be controlled that the baling of the bathing areas and the channels of launch and the varada of the mentioned artifacts run according to the technical characteristics and location of the devices that have been approved by the Public Body Ports of the State.

Article 114. Grant of the full or partial exploitation of seasonal services.

By way of derogation from the foregoing Article, the total or partial exploitation of seasonal services may be granted to holders of concessions for the creation, regeneration or conditioning of beaches, in terms of are set out in the corresponding title (Article 54 of Law 22/1988 of 28 July).

Section 3. Vertids

Article 115. General provisions.

1. The provisions of this Section apply to discharges, both liquid and solid, whatever the good of public-sea-land public domain in which they are carried out.

2. Discharges into the sea from ships and aircraft shall be regulated by their specific legislation.

3. The discharge of solid waste and debris into the sea and its riverbank, as well as the area of protection, shall be prohibited, except where these are usable as fillers and are duly authorised (Article 56 of Law 22/1988, 28 of (July).

Article 116. Authorization and limitation of discharges.

1. All discharges shall require the approval of the competent authority, which shall be granted subject to the applicable state and regional legislation, without prejudice to the granting of public domain occupation, where appropriate.

2. In the case of polluting discharges, the petitioner must first justify the impossibility or difficulty of applying an alternative solution for the disposal or treatment of such discharges. Substances and forms of energy which may lead to a higher risk or harm than to the permissible public health and natural environment, in accordance with the rules in force, shall not be permitted.

3. In the light of the quality objectives set for the pollution-receiving medium, discharges shall be limited to the extent permitted by the state of the art, raw materials and, in particular, by virtue of the absorption capacity of the pollution load, without any significant alteration of that medium (Article 57 of Law 22/1988 of 28 July).

Article 117. Conditions of the discharge authorisations.

1. The conditions to be included in the discharge authorisations shall include those relating to:

(a) Term of maturity, not exceeding thirty years.

(b) the necessary treatment, purification and evacuation facilities, establishing their characteristics and the control elements of their operation, with the dates of initiation and completion of their execution, as well as your entry into service.

c) Annual dumping volume.

(d) Qualitative limits on discharge and time limits, if they arise, for the progressive adaptation of the effluent characteristics to the limits imposed.

e) Assessment of the effects on the receiving medium, water quality objectives in the receptive area and forecasts which, if necessary, should be adopted to reduce pollution.

f) Landfill Canon.

2. The competent authority may modify the conditions of the discharge authorisations, without the right to compensation, where the circumstances which led to its grant were altered, or other than, if there were previously, they would have justified their refusal or grant in different terms. If the competent authority deems it necessary, it may suspend the effects of the authorisation until the new conditions laid down are met.

3. Where the holder of the authorization does not make the amendments within the time limit which the competent authority has given him, the competent authority may declare the authorisation for discharge to be valid, without prejudice to the imposition of the penalties. appropriate (Articles 58.1, 2 and 3 of Law 22/1988 of 28 July).

4. The discharge authority shall monitor the state of the works which it serves as a support, and shall, where appropriate, make it necessary to ensure that it operates under the conditions laid down in the Directive. same.

Failure to comply with this obligation, which will appear in the condition of the authorization, will be the cause of expiration in the terms provided for in the authorization.

Article 118. Extinction of the discharge authorization.

1. The extinction of the discharge authorization, whatever the cause, will be implied by the inherent concession of occupation of the maritime-terrestrial public domain (article 58.4 of Law 22/1988, of July 28).

2. To this end, the Administration which has declared the authorization to be extinguished shall bring it to the attention of the Ministry of Agriculture, Food and the Environment, in order for the latter to proceed to the extinction of the granting of occupation without further processing.

Article 119. Inspection of the discharge by the competent authority.

The competent authority may carry out as many analyses and inspections as it deems appropriate to verify the characteristics of the discharge and to verify, where appropriate, compliance with the conditions laid down in the authorisation. of the discharge (Article 58.5 of Law 22/1988 of 28 July).

Article 120. Participation of a contributing company.

Where the importance or complexity of the treatment facility so advises, the conditions of the authorisation may include the requirement that the management of the holding be carried out by a competent technician or A specialised partner company is involved in its maintenance, with the submission of periodic certificates on its operation, as well as its insurance.

Article 121. Constitution of User Boards.

1. Users ' Boards may be constituted for the joint treatment and final discharge of liquid effluents (Article 58.6 of Law 22/1988 of 28 July).

2. The regulation of the composition and functioning of the Board of Users, as well as the causes and form of its variation or dissolution, shall be approved by the granting authority of its authorization, at the request of the users themselves, or, failing that, where it considers it necessary to ensure compliance in due form with the terms of the authorisation.

Article 122. Hydrogeological study of landfill.

In cases where the discharge may lead to infiltration or storage of substances liable to pollute the groundwater or groundwater, it will be necessary to carry out a hydrogeological study which justify their safety (Article 59 of Law 22/1988 of 28 July).

Article 123. Means to prevent and combat pollution by oil spills into the sea.

1. Without prejudice to other specific laws and to the requirements of the control and reduction programmes for pollution by discharges of hydrocarbons into the sea, oil refineries, chemical and petrochemical plants, and Installations for the supply of liquid fuels which have terminals for loading and unloading hydrocarbons in the ports, territorial waters and inland waters must be provided, in the vicinity of the terminals, to the reception facilities of the hydrocarbon residues and how many other means to prevent and combat oil (i) the Commission is not in a position to take action on the matter. Also, the platforms and installations dedicated to the exploration of hydrocarbons at sea, their exploitation or storage, must have the means to prevent and combat any spills that may occur (article 60 of the Law). 22/1988, of July 28).

2. The disposal of waste reception elements and other means of prevention shall be required by the competent authority to authorise the operation of the facilities referred to in the previous paragraph.

Article 124. Conditional granting of certain administrative authorizations.

Administrative authorisations for the establishment, modification or transfer of installations or industries originating in or may cause discharges into the public maritime domain shall be subject to conditions for obtaining the corresponding discharge authorisations and concessions for the occupation of that domain (Article 61 of Law 22/1988 of 28 July).

Article 125. Prohibition of industrial processes at risk of contamination higher than permissible.

The competent authority may prohibit, in specific areas, those industrial processes whose effluents, despite the treatment to which they are subjected, may constitute a risk of contamination higher than the permissible level, according to the In the case of maritime-terrestrial public domain, both in its operation and in foreseeable exceptional situations (Article 62 of Law 22/1988 of 28 July).

Section 4. Extraction Of Aggregates and Dragons

Article 126. Authorizations for aggregates of aggregates and dredging.

1. In order to grant authorizations for the extraction of aggregates and dredging, the assessment of their effects on the public maritime-terrestrial domain, referred to both the place of extraction or dredging and the discharge, in their case, will be necessary. The stability of the beach will be safeguarded, preferably considering its needs for the contribution of aggregates.

2. The extraction of aggregates for construction shall be prohibited except for the creation and regeneration of beaches (Article 63.1 and 2 of Law 22/1988 of 28 July).

3. Dredging or extraction of aggregates from the sea shall be understood to be included in the prohibition of the previous paragraph.

4. The extraction of aggregates and dredging for the execution of works in the ports of general interest and the dumping of the products of dredging in the state harbour public domain will be governed by the established in the Royal Decree Legislative 2/2011, 5 of September.

Article 127. Conditions for the authorisation of the extraction of aggregates and dredging.

1. The conditions of the authorisation shall include those relating to:

a) The deadline by which it is granted.

b) Volume to be extracted, dredged or downloaded to the public maritime-terrestrial domain, rhythm of these actions and working time.

c) Execution procedure and machinery.

d) Destination and, where applicable, place of unloading in the public domain of the extracted or dredged products.

e) Means and guarantees for the effective control of these conditions (Article 63.3 of Law 22/1988, of July 28).

2. It shall also be included, as a specific cause of revocation, as laid down in Article 129 of this Regulation, with the intended effects.

Article 128. Competence for the granting of the authorizations for the extraction of aggregates and dredging.

1. The competence for the granting of the authorizations referred to in this section will be exercised by the Ministry of Agriculture, Food and Environment through the Peripheral Services of Costas.

2. The processing of the authorisations shall be in accordance with the general procedure laid down in Article 152 of this Regulation, adapting the content of the basic project to the subject matter of the application.

Applications for dredging for the extraction of aggregates shall be submitted to the competent bodies of the General Administration of the State in the field of Fisheries, Navigation Safety and Human Life at Sea and Middle Environment, Protection of Sates of State Ships and Underwater Archaeological Heritage.

3. In any case, account will be taken of the possible effects of action on the stability of the beach, the effects of climate change, the dynamics of climate change, the dynamics of climate change, the impact of climate change and the impact of climate change. coastal and underwater biosphere, shipwrecked or sunken vessels and their remains and underwater archaeological heritage.

Article 129. Amendment and revocation of the authorisation for the extraction of aggregates and dredging.

1. In the event of adverse effects on the public domain and its use, the granting authority may amend the initial conditions to correct them or even revoke the authorisation, without any right to compensation for their use. holder (Article 63.4 of Law 22/1988 of 28 July).

2. In such cases it shall be resolved without further processing than the hearing before the person concerned.

Article 130. Declaration of prohibition zones for the extraction of aggregates and dredging.

The Ministry of Agriculture, Food and Environment will be able to declare areas of prohibition for the extraction of arid and dredged for reasons of protection of the beaches and the underwater biosphere, without prejudice to the prohibitions which will result from the application of other laws.

CHAPTER V

Concessions

Article 131. Occupation of land-land public domain goods subject to administrative concession.

1. Any occupation of state-land-land public domain goods with non-detachable works and facilities shall be subject to prior concession granted by the General Administration of the State (Article 64.1 of Law 22/1988, of July 28).

2. It will also require the granting of the granting of the occupation of the maritime-terrestrial public domain by removable installations which, by their nature, purpose or other circumstances, require an occupation period of more than four years.

3. The competition for the granting of concessions for the occupation of the land-land public domain belongs to the Ministry of Agriculture, Food and Environment, except as provided for in Article 223 of this regulation. The granting of concessions in the public domain attached to an autonomous community will be up to this.

Article 132. Use of the grant object.

1. The concessionaire shall be entitled to the private use of the goods to be granted. In any event and in accordance with the following paragraphs, the free access and transit of the competent authorities and officials shall be ensured in these areas where necessary for reasons of national defence, rescue, maritime security, repression of smuggling, for the exercise of the functions of police of public maritime-terrestrial domain and for the fulfilment of the other functions that they have attributed.

In the event of an accident at sea, or when for reasons of safety in the sea traffic is necessary for the safeguard of the persons and the vessels, they may be deposited in the lands object of concession, the boats and their equipment (Article 64.2 of Law 22/1988 of 28 July).

2. To this end, the authorities and officials of the competent administration shall identify and indicate the reason for the access or transit, by means of an appearance.

For the effectiveness of the access and transit provided for in the first paragraph, the competent body shall, where necessary, be interested in the cooperation of the security forces and bodies, without prejudice to any sanctions they may impose. proceed.

3. If the concession is located on the beach it will be applicable to the provisions of article 33 of Law 22/1988, of July 28, and 65 of this regulation.

4. In any event, the easements laid down in Law 22/1988 of 28 July must be guaranteed so that the private use of the concession can be realized.

Article 133. Need to obtain other concessions and authorizations.

1. The granting of the concession referred to in the previous article does not exempt its holder from obtaining the concessions and authorizations that are required by other public administrations under their competence in the field of ports, discharges or other specific discharges (Article 65.1 of Law 22/1988 of 28 July).

2. The provisions of the preceding paragraph shall also apply to the concessions and authorizations to be granted by the Departments of the General Administration of the State under their respective powers.

Article 134. Limitations to the grant holder condition.

In no case may the persons in whom one of the prohibitions of hiring provided for in the Recast Text of the Law on Public Sector Contracts, approved by Royal Decree, be granted concessions. Legislative 3/2011 of 14 November.

When the granting of the concession is subsequently incurred by the holder in any of the prohibitions to contract, the extinction of the concession will occur.

In the event of a declaration of competition and as long as the opening of the liquidation phase has not occurred, the termination of the concession shall not occur, if the holder provides sufficient guarantees, in the judgment of the Administration, to continue with the occupation in the terms provided for in the concessional title (Article 65.2 of Law 22/1988 of 28 July).

These limitations will not apply to concessions granted under the regime governed by the first transitional provision of Law 22/1988 of 28 July, although it does apply to the extension regulated in Article 2 of the Law. 2/2013, of 29 May.

Article 135. Duration of the concession.

1. The concessions shall be granted without prejudice to the third party and to the exception of pre-existing rights (Article 66.1 of Law 22/1988 of 28 July).

2. The time limit shall be as determined in the corresponding title. In no case may these periods exceed seventy-five years (Article 66.2 of Law 22/1988 of 28 July).

3. The maximum time limits shall be fixed taking into account both the subject matter of the application and the circumstances set out in this Article.

4. In accordance with the purpose of the application, the maximum time limits for granting concessions are as follows:

(a) Uses for environmental action: up to a maximum of 75 years.

(b) Uses that perform a function or provide a service that, by its nature, requires the occupation of the maritime-terrestrial public domain: up to a maximum of 50 years.

(c) Usos which provide a public service or the public which, by the physical configuration of the stretch of coast where their location is necessary, cannot be located in the fields adjacent to that domain: up to a maximum of 30 years.

5. The title granted may fix a period of shorter duration and provide, in turn, successive extensions within the maximum time limit of seventy-five years in which the duration of the concession is integrated and possible extensions.

In all these cases, for the determination of the deadlines, consideration will be given to the adequacy of the facility, the degree of interest that it represents for the maritime-terrestrial public domain or its users, its location in the sea or off the sea and the content of the economic-financial study or, failing that, the volume of the investment to be amortised.

Also, the determination of the concession term will take into account the following criteria:

a) The landscape impact of the grant object being requested.

b) The ecological protection of sea-land interaction arising from the application of the comprehensive coastal or marine protection management standards.

(c) The effects of the grant requested in the plans for the management of natural resources where the buildings or installations resulting from the concessions have been left out of order or figure equivalent, or in general, contrary to the reporting criteria for such plans.

(d) The effects of the subject matter of the concession requested in the planning of the BIC historical assemblies when the buildings or installations resulting from the concessions have been left out of order or equivalent figure, or, in general, are contrary to the protection provided for in the relevant plan or the BIC declaration.

In the case of concessions referred to in points (b) and (c) of paragraph 4, the maximum time limits laid down for each use may be extended by one fifth of the maximum period laid down for each of those uses where the The applicant would have submitted a project for the regeneration of beaches and the fight against erosion and the effects of climate change that was expressly approved by the Administration, which will be stated in the corresponding title.

Article 136. Activities covered by another operating concession.

When the object of an extinguished concession is an activity covered by another concession for the exploitation of mining or energy resources granted by the General Administration of the State for a longer period, its holder will have the right to be granted a new concession for the occupation of the land-land public domain for a period equal to that of the granting of the holding, without in any event exceeding seventy-five years (Article 66.3 of the Treaty) Law 22/1988, of July 28).

Article 137. Processing of the application for the concession.

1. Prior to the resolution on the application of the concession there will be public information and offer of conditions of the General Administration of the State to the petitioner, without whose acceptance will not be granted. If these formalities are completed, the relevant decision shall be issued, discretionally, by the competent ministerial department and shall be made public. If the concessionaire contests the clauses which were accepted by him, the Administration shall be entitled to declare the title to be extinguished, except where those provisions are unlawful (Article 67 of Law 22/1988 of 28 July).

In the cases in which the concession is requested for a project relating to a matter of autonomy and which has the favorable pronouncement of the autonomous community, the General Administration of the State will only be able to refuse to grant the concession for reasons of degradation or the removal of the public domain, or which are subject to matters in which the State has jurisdiction.

2. The procedure for the processing of concessions shall be the procedure laid down in general in Article 152 of this Regulation.

Article 138. Forced occupation or expropriation of property and rights.

1. The granting of the concession may involve, as determined in the following paragraphs, the declaration of public utility by the ministerial department or competent autonomous community, for the purpose of temporary occupation or compulsory expropriation of the goods or rights affected by the object of that property (Article 68 of Law 22/1988 of 28 July 1988).

2. The need for temporary occupation or forced expropriation of property and rights affected by the grant may be requested in a manner justified by the petitioner.

3. The Administration may also declare, on its own initiative and on a reasoned basis, the need for the temporary or permanent incorporation into the public domain covered by the application of private land adjacent to the petitioner.

4. In the cases provided for in paragraphs 2 and 3 above, the basic project to be submitted by the petitioner must incorporate an annex of expropriation or temporary occupation, with the relation of goods or rights affected, for which, in the case of which is at the request of the Administration, such incorporation shall be formalised within the maximum period of one month.

5. The failure to accept by the petitioner the inclusion of property or rights to expropriate, or the non-fulfillment of the requirement of the Administration to present the annex referred to in the previous paragraph, will involve the file of the actions without further processing than the prior hearing.

6. The petitioner must present in the Peripheral Coast Service the deposit of the deposit constituted in the General Deposit Box at the disposal of the Ministry of Agriculture, Food and Environment, which, according to the basic project, it is necessary in order to be able to indemnify the expropriated rights and assets or their temporary occupation, together with the acceptance of the offer of the conditions referred to in Article 137 of this regulation. In any event, the petitioner shall pay the total amount of the Justiprice for the expropriation or occupation necessary for the concession.

7. The conditions will be accepted, the administration will dictate the corresponding resolution. In the event of granting of the concession, its effectiveness shall be delayed until the completion of the expropriation files which, if necessary, need to be processed.

Article 139. Incorporation into the maritime-terrestrial public domain of expropriated goods and rights.

1. The expropriated property and rights shall be incorporated into the maritime-terrestrial public domain from its occupation, in the form provided for in the concession title, without the concessionaire being obliged to pay the occupation fee for the land expropriated at its expense for incorporation into the concession (Article 69 of Law 22/1988 of 28 July).

2. The land provided by the concession holders to complete the area of a concession, the description of which must be included in the basic project, shall be incorporated into the public maritime-land domain in the form provided for in Article 5.7 of the Treaty. regulation before the repose of the works and installations.

Article 140. Registration of the concessions in the Land Registry.

1. The concessions will be entered in the Land Registry in accordance with the provisions of the Mortgage Law. If the concession is extinguished, the registration will be cancelled at the request of the Administration or the interested party, provided that such circumstance is proven. The expiration of the duration of the concession shall also entail its extinction, with the cancellation of the registration seat in accordance with the provisions of Article 177 of the Mortgage Regulation.

2. The final decision on the administrative route declaring its extinction will be cause for the cancellation of the registration of the same in the Land Registry. These ends will be communicated by the Peripheral Coast Service to the Registrar and the cancellation will take effect in the terms required by the mortgage legislation, as will the subsequent seats, provided their holders have been notified in the file and the entry in their favour of the quantities which may correspond to the concessionaire as compensation, rescue or any other concept is credited.

Article 141. Transmission of concessions.

1. The concessions shall be transmitted by means of live acts and mortis cause in the terms provided for in the following paragraphs of this article.

2. The inter-living transmission shall be valid only if, on the basis of the prior administration, the acquirer acknowledges compliance with the conditions laid down in the concession.

In accordance with the procedure provided for in Article 142 of this Regulation, lease agreements may be concluded on concessions granted under the provisions of the first transitional provision of the Law. 22/1988, of July 28, of Costas, which may be the subject of registration in the Land Registry with the requirements established by the mortgage legislation.

3. In the event of the death of the concessionaire, his successors in title, inheritance or legacy, may be subrogated to the rights and obligations of the concessionaire, provided that within four years of death, they expressly communicate to the Administration this fact and the will to surrogate. Throughout this period, until such time as the communication is produced, the hereditary community will be responsible in solidarity for all the obligations of the deceased. After that period without the communication being made, the concession shall be extinguished.

4. The lodging of mortgages and other rights of guarantee on the transferable concessions, as well as the embargo on them, must be communicated in advance to the Administration by the person or entity in whose favor it is constituted. or, failing that, by the person or entity that promotes the registration.

5. The conclusion of any contract involving the participation of a third party in the operation of the concession shall be notified to the Peripheral Coast Service. Such participation may be prohibited in that title, except in the case of concessions inherent in the provision of a public service.

6. Where the concessionaire is a legal person whose activity consists in the enjoyment of the concession, any change in the ownership of the shares or units that would replace the shareholders or shareholders shall be deemed to be transmitted. (a) to be taken at the time of the granting of the concession, in percentage equal to or greater than 50% of the share capital, as well as the remainder of the cases of loss of corporate control provided for in Articles 42 and following the Trade Code.

7. The transfer of the concessions or the constitution of real rights on the same shall not be entered in the Land Registry, without the certification of the Peripheral Costs Service of compliance with the requirements required in this article and the terms of the concession, and, in the case of embargoes, the prior notification to the granting authority.

Article 142. Formalisation of the inter-living transmission of concessions.

1. The formalisation of the inter-living transmission of the concession shall require:

(a) Compliance with the provisions of Article 70.2 of Law 22/1988 of July 28, for which the applicant shall provide: the documentation of compliance with the requirements laid down to be the holder of the concessions, as provided for in Article 65 of Law 22/1988 of 28 July 1988 and Article 134 of this Regulation; the declaration of compliance with the conditions laid down in the concessional title; and the documentation in which the The following shall be included in the title of the concession to the transferor.

Examined the documentation referred to in the previous paragraph, and prior report of the State Advocate, the General Directorate of Sustainability of the Coast and the Sea will dictate resolution on the compliance of the conditions laid down in the concession, as provided for in Article 70.2 of Law 22/1988 of 28 July 1988 and 141 of this Regulation.

(b) The notification of the decision to the applicant for the prior recognition referred to in Article 70.2 of Law 22/1988 of 28 July.

When the resolution recognizes the validity of the transmission, it shall declare compliance with the conditions set out in the concession title and authorize such transmission. Where there has been non-compliance with the concessional title, its transmission shall not be authorised. Transfer to the General Directorate of Sustainability of the Coast and the Sea of the document on which the transmission of the concession is recorded, for the purposes of the annotation of the change of holder in the registry of uses of the public domain land-maritim-land referred to in Article 80.1 of this Regulation.

2. The transfer of the concession shall not exempt the new holder from the performance of his duties as a concessionaire or have the effect of validating the non-compliances which have occurred in the concessional title, while retaining the General administration of the State the powers of protection and police over the affected public domain.

3. The Ministry of Agriculture, Food and the Environment will have the right to have a right of action and retract in the broadcasts for inter-living acts of the concessions. The right of tanteo may be exercised within three months and that of retraction within one year, both of which shall be counted from the communication provided for in the preceding paragraph, to which effect it shall also include the essential conditions of the transmission. in accordance with the civil rules. The exercise of the right of tanteum and retraction will imply the extinction of the concession of occupation of the marine-terrestrial public domain.

Article 143. Procedure for the transmission of the mortis cause of the concessions.

1. The procedure to transfer the award mortis causa will be as follows:

(a) The successors in title, inheritance or legacy, shall expressly communicate to the Administration the death and the will to subrogate, for which they shall, together with their application, provide the death certificate of the concessionaire and the supporting documentation of the status of heir or legator, documenting the delivery of the good legacy, or the writing or judgment approving the particional notebook, as well as the documentation that guarantees the hereinafter referred to as the last holder of the concession and the supporting evidence payment of the fee.

(b) The Administration shall take up the minutes in order to determine compliance with the provisions of the concessional title and Law 22/1988 of 28 July.

(c) The documentation shall be received, and shall be forwarded to the State Advocate's mandatory report.

d) Once the report of the State Advocate has been received, the Ministry of Agriculture, Food and Environment will dictate a resolution formalizing, where appropriate, the change of ownership of the concession.

2. If the Administration has become aware of the death of the concession holder, it shall require the parties concerned to submit the death declaration of the holder and the wish to subrogate the rights and obligations of the Concessional title within three months.

3. The transfer of the concession shall not exempt the new holder from the performance of his duties as a concessionaire or have the effect of validating the non-compliances which have occurred in the concessional title, while retaining the General administration of the State the powers of protection and police over the affected public domain.

Article 144. Divisibility of concessions granted for a plurality of uses.

1. The concessions granted for a plurality of uses, with separable installations, shall be, where appropriate, divisible, with the agreement of the granting authority and under the conditions laid down therein (Article 71.1 of Law 22/1988, 28 of (July).

2. The request for conformity shall be addressed to the Administration by the holder or holders of the concession.

3. Prior to the decision on the application for division there will be offer of conditions of the Administration to the petitioners, without whose acceptance the conformity will not occur. The deadline may not be higher than the time limit for the primitive grant.

4. The conditions shall be accepted, the corresponding resolution shall be dictated, discretionally, by the granting authority, and the new concessions shall be made up, where appropriate.

5. In case of refusal of division, the primitive concession shall be maintained in the terms in which it was granted.

Article 145. Holders ' Boards.

In the case of concessions which, by their characteristics, are divided between different holders, however, their location and destination are appreciably coincident, the Administration may be interested in the formation of a Board of Directors. Holders, in which case it will represent all the effects of Law 22/1988, of July 28, and this regulation.

Article 146. Renunciation of the occupation of part of the maritime-terrestrial public domain.

1. The concessionaire may at any time waive the occupation of the part of the public domain included in the perimeter of the concession which is not necessary for its purpose, with the agreement of the granting authority.

2. The declaration of public utility, for the purposes of the rescue of the concession, even with a declaration of urgency, shall be the responsibility of the granting ministerial department (Article 71.2 and 3 of Law 22/1988 of 28 July).

If this is a concession granted to carry out a project of competence of an autonomous community and approved by it, the declaration of public utility, for the purpose of the rescue of the concession, will be carried out on the initiative of that, except in cases where such a declaration is made to serve the purpose of state competence or to preserve the public domain.

3. For the purposes of Articles 74.3 of Law 22/1988 of 28 July 1988 and 155.2 of this Regulation, the application for a concession issued as a justification for the rescue of another holder of the same shall be considered as a priority. requester.

Article 147. Maintenance or removal of works and installations of the public maritime-terrestrial domain.

1. In all cases of extinction of a concession, the General Administration of the State shall decide on the maintenance of the works and installations or their removal and removal of the public domain and its zone of servitude of protection by the State. interested and at their expense. Such decision shall be taken either on its own initiative or at the request of the latter, from the moment before the expiry of the period laid down in the following paragraph in the event of a normal extinction by the time limit, and in the other cases of extinction in the time of the decision of the relevant file (Article 72.1 of Law 22/1988 of 28 July).

If this is a concession granted to carry out a project of competence of an autonomous community and approved by it, it will be requested to report to it, concerning the maintenance or the lifting of the works installations, prior to the adoption of the decision referred to in the preceding paragraph. That report shall be issued within a period of one month after which, without having been evacuated, it shall be understood that it does not comment.

2. In the event of termination of the concession period, the time referred to in the preceding paragraph shall be that of the four fifths of that period and, in any case, six months before the date of the expiry of the period. expiration.

From this moment on, if the Administration does not pronounce itself within three months, it will be understood to opt for the demolition, without prejudice to the fact that at any time it can be explicitly stated.

Article 148. Obligations of the concession holder.

1. From the moment referred to in the preceding article, the holder of the concession shall be the sufficient deposit to respond to the costs of lifting the works or installations and to withdraw from the public maritime-land domain and their area of protection, or repair, in accordance with the decision taken and the enforceable assessment referred to by the Administration and as a result of the liquidation proceeding (Article 72.2 of Law 22/1988, 28 of (July).

2. The time limit for lodging the deposit shall be 15 days from the date of notification of the decision or, in the case of administrative silence, the end of the period laid down in paragraph 2 of the previous Article.

Article 149. Subsidiary execution.

1. After the expiry of the period of expiry of the concession, except in the case of having opted for its maintenance, the holder shall withdraw the works and installations within the time limit set by the Administration. This period shall not exceed three months, except in exceptional and duly justified cases.

2. If the operator has not carried out the demolition, removal or repair of the installations or has been carried out in a defective way, the administration shall, after the period concerned, continue to carry out the work. which it would not have done.

3. If the holder has opted for the maintenance, the holder shall repair them within the period and conditions specified by the Administration. That period may not exceed three months.

Article 150. Exploitation or use by the Administration of the reverse works and installations.

1. In the case of paragraph 3 of the previous article, on the date of extinction of the concession, the General Administration of the State shall revert free of charge and free of charge all works and installations. The Administration may continue the operation or use of the facilities as determined in the following paragraph (Article 72.3 of Law 22/1988 of 28 July).

2. The continuation of the operation or use of the facilities shall be carried out by any of the management procedures laid down in the legislation of Costas or in the legislation of Public Sector Contracts.

CHAPTER VI

Common rules for authorizations and concessions

Section 1. General Conditions Pliegos

Article 151. Approval of the general terms and conditions for granting concessions and authorizations.

1. The competent authority shall approve the general conditions for granting concessions and authorizations (Article 73 of Law 22/1988 of 28 July 1988 on costs).

2. The approval of the aforementioned documents for the granting of concessions and authorizations of competence of the Ministry of Agriculture, Food and Environment will be made by Order, which will be published in the Official Gazette of the State. For all other concessions and authorizations, the competition shall be vested in the granting authority, as provided for in this regulation or in its specific legislation.

3. Prior to the approval of the documents, the report of the Ministry of Finance and Public Administrations will be required in the terms provided for in the State Heritage legislation.

Section 2. Fulfillment

Article 152. Processing of applications for authorizations and concessions.

1. Applications accompanied by the basic or construction project, as provided for in Article 42 of Law 22/1988, of 28 July, and in accordance with this Regulation, and of the proof of the establishment of the bonds which, in their Case, correspond, will be dealt with in the form that is determined in the following sections, with the phases of public information, of the report of the agencies to be consulted, and of the preliminary confrontation of the plan (article 74.1 of the Law 22/1988, of July 28).

2. In the concessions and authorizations to be granted by the Ministry of Agriculture, Food and the Environment, the processing procedure shall be in accordance with the following paragraphs.

The processing of the remaining concessions or authorizations, the competence of other ministerial departments, shall be governed by their specific legislation, and, in the alternative, by the provisions of this regulation.

3. Applications for concessions and competition authorisations from the Ministry of Agriculture, Food and the Environment will be directed to the Peripheral Coast Service, together with two paper format copies and a digital copy of the basic or construction project, the proof of the provisional bail and supporting documentation of the personality of the petitioner and of the comparicent, and of the representation in which the petitioner acts and the supporting documentation of the The applicant does not incur any of the prohibitions on hiring provided for in the Text Recast of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November.

4. The Peripheral costs service will examine the project submitted, after payment of the fees, to check whether its content is in accordance with the provisions of Law 22/1988, of July 28, and in this regulation, requiring the petitioner, in another case, to remedy the defects observed.

Done which, will proceed to the confrontation of the project on the ground, in order to determine its suitability to it, as well as its feasibility.

5. If the contents of the project contain any of the uses expressly prohibited in Law 22/1988, of July 28, and this regulation will apply the provisions of articles 35.1 of Law 22/1988, of 28 July, and 75 and 76 of this regulation.

6. In order to continue the processing, the Peripheral Coast Service will require the report of the ministerial departments and public administrations of a territorial nature, as well as those provided for in this regulation. specific assumptions:

Authorities:

a) Aycuentos on whose term it is intended to be developed or that may be affected by the object of the authorization.

b) Autonomous Community.

(c) Ministry of Defense, as soon as they can affect the areas and facilities of interest to the national defense or its security zones, to the surveillance, security and defense of the marine spaces and to the protection of the ships State of shipwrecked or sunken.

Concessions:

(a) Aycures on whose term it is intended to be developed or which may be affected by the subject matter of the concession.

b) Autonomous Community.

(c) The Maritime Capitanies competent for the place in the field of navigation and Ports of the State, in so far as it concerns maritime signage, if the object of the concession is a work fixed at sea that may pose a risk for maritime safety. These reports will be binding.

(d) The Ministry of Defense, as soon as they can affect the areas and facilities of interest to the national defense or its security zones, to the surveillance, security and defense of the maritime spaces and to the protection of the Shipwrecked or sunken vessels of State.

e) Other bodies whose report is deemed appropriate.

7. The authorizations and concessions to be granted by other ministerial departments in the maritime-terrestrial public domain will require the favorable prior report of the Ministry of Agriculture, Food and Environment, which must be issued in the One month period.

8. The processing of public information, within 20 days, shall be compulsory:

a) In the concessions procedures.

(b) In the procedures for authorisations relating to industrial discharges and pollutants from land to the sea and to the extraction of aggregates and dredging, as well as for authorisations with a period of more than one year and for others assumptions in which it is deemed appropriate.

9. The processing of public information shall be carried out simultaneously with the request of the reports referred to in paragraph 6.

10. The information stage referred to in the preceding paragraph shall be carried out by the competent authority on the application, subject to hearing, where appropriate, to the parties concerned.

In the case of authorizations, this organ will be the Peripheral Coast Service of the Ministry of Agriculture, Food and Environment.

If these are concessions, the Service will raise the file to the Ministry of Agriculture, Food and Environment, with its report and proposal.

11. If the granting of the concession is decided, the applicant shall be notified of the conditions under which it may be granted, giving him a period of 10 days to indicate whether he accepts them. If he does not demonstrate any such event within that period, or shall not accept the conditions offered, the file shall be terminated by withdrawal of the petitioner, with the loss of the security lodged.

12. If the conditions are accepted within the stipulated period, the Ministry of Agriculture, Food and Environment, through the General Direction of Sustainability of the Coast and the Sea, will decide, discretionally, on the granting of the concession. If the grant occurs, the Peripheral Coast Service will transmit the resolution for publication in the Official State Gazette.

13. The maximum time limits for resolving and notifying the authorization and granting files shall be four and six months respectively, after which, without any express resolution, the corresponding period may be deemed to be request.

14. The decisions regarding authorizations are subject to the Director General of Sustainability of the Coast and the Sea. The decisions concerning concessions put an end to the administrative route, and they will be impugable in accordance with the provisions of Law 30/1992 of 26 November.

Article 153. Granting of concessions or authorisations to non-nationals of a Member State of the European Union.

1. The granting of concessions or authorizations to foreigners will be conditional on proof of reciprocity in their countries of origin for Spanish nationals. In any case, the following requirements must be met:

a) Having a tax address in Spain.

b) Meet the conditions that the law of state contracts requires to contract with foreigners.

c) Manifest your submission to the jurisdiction of the Spanish Courts for all incidents arising from the administrative title given to you.

2. The provisions of this Regulation shall be without prejudice to the provisions of special laws for the granting of concessions and authorizations to foreigners.

Article 154. Granting of concessions or authorisations to members of the European Union.

The nationals of the Member States of the European Union are exempted from the provisions of the previous article, subject to limitations which, for reasons of public order, public security and public health, may be established ( 74.2, second paragraph, of Law 22/1988, of July 28).

Article 155. Preference in granting the requested titles.

1. In the granting of the securities requested, preference shall be given to applications which are of greater public use. Only in case of identity among several requests will the priority be taken into account in the presentation. In the procedure for the granting of securities whose applications relate to service activities, the principles of advertising, impartiality, transparency and competitive competition shall be respected.

2. The preference laid down in Article 146.3 of this Regulation should also be taken into account.

Article 156. Procedure for granting authorizations or concessions of competence of the Autonomous Communities that require the granting of occupation of maritime-terrestrial public domain by the General Administration of the State.

1. The granting of authorizations or concessions of competence of the Autonomous Communities, which require the granting or authorization of the Ministry of Agriculture, Food and Environment for the occupation of the public maritime-terrestrial domain, for the purposes of administrative coordination, it shall be in accordance with the following paragraphs.

2. The application for authorization or granting of its competence, as well as the granting of occupation of the public maritime-land domain addressed to the Ministry of Agriculture, Food, shall be submitted to the competent authority of the Autonomous Community. and Environment. Both applications will be accompanied by the required documentation in one case.

3. The competent body of the autonomous community shall process the project, collecting the reports that are required in accordance with this regulation.

4. In any event, the mandatory report of the Ministry of Agriculture, Food and the Environment, whose application will be the initial conformity of the autonomous community to the project concerned, will be issued within two months, counted from the time at which you have all the documentation required for this.

The report shall include its pronouncement on the viability of the occupation, as well as the conditions under which it would, where appropriate, be granted, as regards the scope of its powers.

5. The competent authority of the autonomous community shall offer the petitioner, in conjunction with the conditions in which, if appropriate, access to the application which is formulated, which the Ministry of Agriculture, Food and the Environment has established. for the granting of the occupation of the public domain.

6. If the conditions are accepted in full, the competent authority of the autonomous community shall forward the file, with its proposal, to the Ministry of Agriculture, Food and Environment for the purposes of granting it, in its Case, the timely concession of occupation of the maritime-terrestrial public domain.

7. Once the granting of the occupation has been granted, the Ministry of Agriculture, Food and the Environment will return the file, together with the concession title, to the referring body, in order to grant the concession or authorization of its jurisdiction, of which resolution will give move to that.

Article 157. Deadline for the report to be issued.

The reports referred to in Articles 152.6 and 7 and 156.3 of this Regulation shall be issued within one month, except for those cases where a separate one has been expressly established. After that period without having been evacuated, the processing of the file shall be continued.

Section 3. First Concourses for Granting

Article 158. Contest for the granting of concessions and authorizations.

1. The Administration may convene contests for the granting of concessions and authorizations in the maritime-terrestrial public domain. In the procedure for granting authorisations and concessions for service activities, the principles of advertising, impartiality, transparency and competitive competition shall be respected.

2. If the call for tenders is produced during the processing of an application for grant or authorization, the person concerned shall be entitled, if not awarded the title, to the cost of the project, in the form which he or she is entitled to determines in paragraph 4.

3. The call for tenders shall suspend the processing of the granting or authorisation files which are affected.

4. The costs of the project will be determined according to the official tariff that corresponds to it and will be assessed at the basis of the contest. Where there is no official tariff, the value of those actually produced shall be assessed, according to the estimation made by the Administration.

Such expenses shall be satisfied by the successful tenderer, in order to be satisfied with the proof of his credit, prior to the commencement of the processing of the title.

Article 159. Declaration of a desert contest.

The contest may be declared deserted if none of the tenders submitted meets the appropriate conditions (Article 75.3 of Law 22/1988 of 28 July).

Article 160. Content of the design documents of the competitions.

1. The Ministry of Agriculture, Food and the Environment will be able to regulate the competitions of its competition by means of base sheets. The regulation will be approved by Ministerial Order, which will be published in the "Official State Gazette".

2. The base sheets shall contain at least the following ends:

a) Deadline for completion of the works and facilities.

b) Regime of use of the same.

c) Term expiration of the title.

(d) Criteria for resolution; among which the improvement of the fee may be included, the reduction of the maturity period and the fees to be established for the use or public service, as well as the justified experience in activities analogous.

3. Projects will be exposed to public information and the selected ones will be processed in accordance with the provisions of this regulation.

Section 4. Grant Conditions

Article 161. Conditions of the grant titles.

1. In any grant title, which shall be of a public nature, the relevant conditions shall be laid down and, in any event, the following conditions:

a) Object and extent of the occupation.

(b) Works or facilities to be performed by the successful tenderer with reference to the respective project and the period of commencement and termination of those projects.

c) Deadline for granting and possibility of extension, if applicable.

(d) Canons and fees payable by the successful tenderer.

e) A system of use, private or public, including, where appropriate, the fees payable by the public with decomposition of its constituent factors as the basis for future revisions.

(f) In cases of gainful use, an obligation on the successful tenderer to provide information as requested by the Administration on the economic performance of the holding.

g) Conditions which, as a result of the assessment of effects, are deemed necessary in order not to harm the environment.

h) Maritime signage and public areas.

i) Obligation of the successful tenderer to maintain public domain, works and facilities in good condition.

(j) Obligation of the successful tenderer to constitute a sufficient deposit for the costs of repair or removal and removal, partial or total, of the works and installations, at their cost, to the extinction of the corresponding title, except decision to the contrary by the competent authority.

k) Causes of revocation, in accordance with those laid down in Articles 79 of Law 22/1988, of 28 July and 165 of this Regulation.

l) Technical descriptions for the project, if any.

(m) Obligation of the successful tenderer to take the measures required by the Administration of adaptation to sea level rise, changes in waves or other effects of climate change (Article 76 of Law 22/1988, 28 of July,).

2. The following conditions shall also be included:

(a) Where appropriate, land provided by the successful tenderer to incorporate maritime-terrestrial public domain.

b) Repose of works and installations, prior to the execution of the title.

c) Final recognition of the same, prior to use.

3. For the purposes of paragraph 1 (f), the payment of any amount by the users of the works or installations or the collection of resources of any kind for their use shall be deemed to be a lucrative use, whichever is the same. the destination of the funds raised. However, where the successful tenderer is another public administration, the payment of any special contributions for the financing of the execution of the works or the payment by the users of the tariffs shall not be considered to be gainful use. which are not intended to obtain economic benefits but to contribute to the maintenance and protection of maritime-terrestrial public domain.

Section 5. Modification

Article 162. Assumptions for modification of the authorizations and concessions.

1. Authorisations and concessions may be amended:

a) When the assumptions of their granting have been altered.

b) In cases of force majeure, at the request of the holder.

c) When required by their adequacy to the corresponding plans or rules.

Only in case (c) of paragraph 1, the injured concession-holder shall be entitled to compensation in accordance with the provisions of Articles 89 of Law 22/1988 of 28 July 1988 and Article 190 of this Regulation or the general legislation of compulsory expropriation (Article 77 of Law 22/1988 of 28 July).

2. For the purposes of point (b) of the preceding paragraph, the non-anticipated regression of the coast which is not caused by the works to be granted, the seismic or tidal movements, the higher unforeseeable storms shall be understood as force majeure. to those of calculation, unprovoked fires and any other similar exceptional cause.

3. The granting authority may authorise amendments to the characteristics of a concession. Where the amendment is substantial, the application shall be subject to the procedure laid down in this Regulation for the granting of concessions. Substantial modification shall be considered, in any case, to be increased by more than 10% of the volume or area of the recognition given in the title granted, whether this percentage is achieved in one or more actions, as well as the change of use for the which was awarded the title.

Section 6. Extinction

Article 163. Extinction of the right to the occupation of maritime-terrestrial public domain.

1. The right to occupation of the public domain shall be extinguished by:

a) The expiration of the grant term.

b) Review of trade in the cases provided for in Law 30/1992 of 26 November.

c) Revocation by the Administration, in the case of authorizations.

d) Revocation of concessions for alteration of existing physical assumptions at the time of granting, where the modification of the title is not possible.

e) Renunciation of the successful tenderer, accepted by the Administration, provided that it has no negative impact on the public domain or its use or damages to third parties.

f) Mutual agreement between the Administration and the successful tenderer.

g) Extinction of the public service concession from which the demanial title is supported.

h) Expiration.

i) Rescue.

j) Incur a prohibition on hiring, in accordance with Article 65.2 of Law 22/1988, of July 28, of Costas.

k) The absence of the express communication provided for in Article 70.2 of Law 22/1988, of July 28, in the cases of transmission of mortis causes of the concessions.

l) The lack of prior recognition by the Administration provided for in the second paragraph of Article 70.2 of Law 22/1988, of July 28.

m) Revocation of the concession when the works and installations bear a certain risk of being reached by the sea (Article 78.1 of Law 22/1988, of July 28).

2. The relevant actions in the cases of extinction referred to in the previous paragraph shall be initiated and processed by the Peripheral Coast Service, corresponding to its decision to the granting authority, except in the case of point (a), in which it is Article 81 of Law 22/1988 of 28 July 1988 and 170 of this Regulation apply.

3. In the case of early termination of the concession, the file must be submitted to the Council of State for its opinion, in advance of its decision, in accordance with the provisions of Article 22 (12) of the Organic Law 3/1980, 22 of April, of the State Council.

4. The payment of fees, fees and any taxes after the termination of the title does not assume its validity, without prejudice to the right to return in the cases where appropriate.

Article 164. The Administration's obligations to the extinction of the right to the occupation of the maritime-terrestrial public domain.

1. If the right to the occupation of the public domain is extinguished, the Administration shall not assume any kind of employment obligation of the owner of the activity concerned (Article 78.2 of Law 22/1988, of July 28).

2. Neither shall the Administration assume any economic obligation of the holder, whether or not linked, to the activity carried out on the grounds and installations covered by the title extinguished.

3. The time limit for the termination and notification of the termination of the right of occupation of the land-based maritime public domain shall be eighteen months.

Article 165. Expiration scenarios for authorizations and concessions.

1. The Administration shall, after hearing the holder, declare the expiration in the following cases:

(a) Non-initiation, cessation or non-termination of works unjustifiably during the period to be set under the conditions of the title.

b) Abandon or lack of use for a year without a fair cause.

c) Impayment of royalty or rates in excess of one year.

d) Altering the purpose of the title.

e) Failure to comply with the conditions that would have been established as a result of the prior assessment of its effects on the public maritime-terrestrial domain.

(f) Failure to comply with conditions (b) and (d) of Articles 63.3 of Law 22/1988 of 28 July 1988 and 127.1 of this Regulation for the extraction of aggregates and dredging.

g) Privatization of occupation when it is intended for the provision of services to the public.

h) Invasion of the unawarded public domain.

i) Increased surface built, volume, or maximum height by more than 10 percent over the authorized project.

j) Non-constitution of the deposit required by the Administration for the repair or the lifting of works and installations.

k) Hindering the exercise of easements on land adjacent to the public domain or the application of the limitations established on the area of protection and influence servitude.

(l) In general, for non-compliance with other conditions, the non-observance of which is expressly sanctioned with the expiry of the corresponding title, and of the basic or decision-making for the award, if any, of the contest convoked, according to Article 75 of Law 22/1988, of 28 July, and concordant with this regulation (Article 79.1 of Law 22/1988, of 28 July).

2. For the purposes of point (g) of the previous paragraph, it shall be understood as a privatisation of the occupation that the conditions for the use of authorised services which hinder public access are changed.

Article 166. Other expiration scenarios.

In the other cases of non-compliance or in case of a serious infringement under Law 22/1988, of July 28, the Administration may declare the expiration, after hearing of the holder and other regulatory formalities (article 79.2 of Law 22/1988, of July 28).

Article 167. Procedure for declaration of expiration.

1. In cases where the competence of the Ministry of Agriculture, Food and the Environment is concerned, the procedure for declaring the expiry shall be as follows:

(a) Constatated the existence of the alleged cases, the Peripheral Coast Service, after issuing an agreement to initiate the procedure, shall inform the holder, who shall be granted an eight-day period for the formulate any allegations that you deem appropriate.

(b) The claims or the time limit for making them, the Peripheral Costs Service shall resolve the file when it has delegated the jurisdiction; in all other cases, it shall be submitted to the Directorate-General for Sustainability of the Coast and the Sea of the Ministry of Agriculture, Food and the Environment, with its proposal for a resolution.

(c) In the case of land-maritime public domain occupation concessions that serve as support for activities to be granted or authorised by other ministerial departments or by the autonomous communities, your report will be requested.

(d) In the case of concessions, the opinion of the State Council shall be required in all cases of nullity, interpretation, modification and extinction, when opposition is expressed by the concessionaire, according to the Article 22 (12) of the Organic Law 3/1980 of 22 April of the State Council.

e) The maximum time limit for resolving and notifying the resolution terminating the case will be 18 months. This resolution puts an end to the administrative route and the resources provided for in Law 30/1992, of 26 November, may be brought against it.

2. Discharge authorisations and concessions which are not of competence of the Ministry of Agriculture, Food and the Environment shall be governed by their specific rules and, in the alternative, by their specific rules, as set forth in this article.

3. In no case will the rehabilitation of the title proceed.

Article 168. Effects of the opening of the expiration file.

1. In the course of the expiry file, the administration may decide to suspend the work, or to suspend the use and operation of the facilities, after hearing in the latter case of the holder concerned and once his/her disposal has been rejected. allegations.

2. In the notification letter referred to in paragraph 1. (a) the order for the cessation of works or the initiation of the file for the suspension of the use and operation of the facilities, as appropriate, shall be included in the previous article. The hearing procedure, as well as the suspension resolution, correspond to the Peripheral Coast Service.

Article 169. Effects of the declaration of expiration and the suspension of execution.

1. The declaration of revocation shall result in the loss of the security if any.

2. In order to suspend the execution of the expiry, the person concerned shall be obliged to deposit the amount to be fixed in each case (Article 80.2 and 3 of Law 22/1988 of 28 July).

3. The amount of the pre-deposit shall not exceed 30% of the updated value of the works and installations listed in the project which served as the basis for its grant.

Article 170. Expiration of the grant title term.

1. The term of expiry shall be unextensible, unless otherwise expressly provided for in the grant title, in which case, at the request of the holder and in the judgment of the competent authority, it may be extended provided that the latter does not The Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice

that the Court of Justice

Concessions with an initial duration of seventy-five years may not be extended.

2. In the case of competition from the Ministry of Agriculture, Food and the Environment, the Peripheral Coast Service shall inform the holder of the expiration of the concession and shall quote him at the place of the work or installation to carry out the Reversal minutes. It shall formalise the receipt by the Administration under the conditions required, in accordance with the decision taken in accordance with Article 72.1 of Law 22/1988 of 28 July 1988 and 147 of this Regulation.

In the event that deficiencies are observed in the delivery conditions of the goods in question, the Administration shall indicate a time limit for its subhealing in such minutes, which shall not exceed the provisions of Article 149.3 of this Regulation. regulation. If not carried out in that period, subsidiary execution shall be carried out at the expense of the person concerned.

Article 171. Taking possession of the facilities.

To the extinction of the authorization or concession, the General Administration of the State, without further processing, will take possession of the facilities, being able to obtain from the companies supplying electric power, water, gas and telephone suspension of supply (Article 81.2 of Law 22/1988 of 28 July).

CHAPTER VII

Extension of the concessions granted under the regulations prior to Law 2/2013, of 29 May

Article 172. Extension of concessions for the occupation of the existing maritime-terrestrial public domain granted before the entry into force of Law 2/2013 of 29 May.

1. The concessions for the occupation of the existing maritime-terrestrial public domain, which have been granted before the entry into force of Law 2/2013 of 29 May, may be extended, at the request of the holder, in accordance with the provisions of the this article.

The extension shall also apply to the holders of a right of occupation and use covered by the transitional provision of Law No 22/1988 of 28 July 1988, upon application of the relevant concession.

This extension will not apply to concessions that are covered by occupations and activities in the port service area (Article 2 (1) of Law 2/2013 of 29 May).

The concessions that are regulated in the second paragraph of the second paragraph of Law 22/1988 of 28 July, which were granted outside the ports, are not considered to be included in the preceding paragraph. which, after the entry into force of the Directive, have been incorporated into the service area of one of them by maintaining the time-limits laid down in the original wording of that Law No 22/1988 of 28 July 1988, without prejudice to the fact that, the other, they continue to be governed entirely by the State legislation on ports of general interest . However, in these cases, the carry-over scheme provided for in this Regulation will apply to them. The granting of the corresponding extension will be of competence of the Administration or harbour agency.

2. The concession holder may request the extension of the concession since the entry into force of Law 2/2013 of 29 May and, in any case, before the six months prior to the date of extinction of the period for which it was initially granted.

The deadline for the extension shall be computed from the date of its application, irrespective of the time limit for the termination of the concession to be extended.

If the extension is requested within six months prior to the expiration of the concession period, the deadline for the extension shall be computed from the date of extinction of the title.

3. The requested extensions shall be granted if there is no reason for the expiry of the current title or a procedure for the expiry of the concessional title is being processed, in which case the extension procedure shall be suspended.

4. Concessions thus extended, other than those referred to in the last subparagraph of paragraph 1, shall be governed in all other respects by the provisions of Law 22/1988 of 28 July 1988 and this Regulation.

Article 173. Time limit for the request for the extension of the holders of a right of occupation and use covered by the transitional provision of Law 22/1988 of 28 July 1988 on costs.

In the case of concessions granted to the holders of a right of occupation and exploitation covered by the transitional provision of Law 22/1988, of July 28, it will be entitled to request the extension regulated in the previous article from the date of notification of the grant decision.

Article 174. Fixing of the maximum period for carryovers.

The duration of this extension will in no case exceed seventy-five years.

The following criteria shall be taken into account for the fixing of the maximum period of carryovers:

1. The period for which the concessions granted under the first and second transitional provisions of Law No 22/1988 of 28 July 1988, except those referred to in Article 172.1 last paragraph of this Regulation, shall be extended to the that the provisions of paragraph 2 of this Article shall apply, shall be 75 years.

2. The deadline by which the ordinary concessions will be extended shall be established in accordance with the following uses:

a) Destinations for housing and associated areas: Up to a maximum of 75 years.

b) Destined for environmental performances: Up to 75 years maximum

c) Destinations for restoration: Up to a maximum of 30 years.

(d) Destinations for economic activities other than catering: up to a maximum of 50 years.

e) Destinations for urban services infrastructure, social or community activities, and endow: Up to a maximum of 50 years.

f) Destinations to marine facilities: Up to 50 years maximum.

g) Other uses not included in the above paragraphs: Up to a maximum of 30 years.

The resolution granting the extension of ordinary concessions will reduce the maximum period provided for in the previous paragraphs by a fifth when the installations are located on the shore of the sea.

Article 175. Criteria for the graduation of the maximum time limits for carryovers.

1. The maximum time limits laid down for each use in the preceding Article, except for the concessions referred to in the last paragraph of Article 172.1 of this Regulation, may be extended within this limit of seventy-five years by one fifth of the the following assumptions:

a) That the concessionaire fund projects for the regeneration of beaches or the fight against erosion and the effects of climate change that are approved by the Ministry of Agriculture, Food and the Environment.

(b) the concessionaire undertakes to carry out over the space granted an investment added to that provided for in the initial concession which is of interest to improve the related activity in terms of energy efficiency; savings in water consumption or environmental quality, and provided that the concessionaire is not legally obliged to do so. That commitment shall be included in the terms of the resolution granting the extension.

(c) the concessionaire to finance and implement, in the area of the concession or its environment, additional actions to those provided for in the initial concession linked to the treatment of the maritime border in order to facilitate its use; free public access or improvement of public accessibility. These actions must be approved in advance by the Ministry of Agriculture, Food and the Environment.

(d) After the granting of a concession to cover an activity in the aquaculture sector, the concessionaire shall, on a permanent and continuous basis, adhere to the Community management and audit system. (EMAS) or undertake to have an environmental management system UNE-EN ISO 14001:1996.

2. In the case of concessions which would have originally been granted in respect of the execution of a public works, the duration of the extension shall be fixed taking into account the time limit laid down in the original title, respecting the maximum time limits set out in the previous Article.

Article 176. Documentation required for the processing of the extension.

For the processing of the extension, the holder of the concession must present the following documentation:

(a) Supporting documentation of the identity of the petitioner and, where applicable, of the comparability and the power of representation in which the petitioner acts.

(b) a responsible statement that the installations, as well as the works or modifications which have been carried out during the term of the concessional title, are in accordance with their object, conditions and conditions; prescriptions.

(c) Projects or commitments provided for in Article 175 of this Regulation, including in this case provisional bail of the works.

Article 177. Concessions which cover occupations for uses for installations and industries falling within the scope of Law 16/2002 of 1 July on integrated pollution prevention and control.

In the case of concessions that cover occupations for uses intended for installations and industries falling within the scope of Law 16/2002 of 1 July, the extension will be granted after the environmental body's report of the autonomous community in which it radiating the occupation. The report shall determine the effects of the occupation on the environment and shall, where appropriate, include the conditions to be met by the concession to ensure adequate protection of the environment.

Where the integrated environmental authorisation has been granted to the installation and industry covered by the grant for which the extension is requested, the report shall be limited to the determination of the effects and the conditions to be laid down. fully compatible with the contents of the authorization.

This report will have a determining character. If the General Administration of the State deviates from its content, it shall give reasons for the general interest for which it does so in the decision on which each of the periods of the extension is agreed, or in the resolution for which it is deny the same.

The provisions of the above paragraph are to be understood exclusively in relation to the procedure for granting occupation of maritime-terrestrial public domain, and without prejudice to the enforceability of having the environmental authorization (a) integrated regional competence or compliance with the remaining environmental authorisations or requirements that are applicable.

If the report of the autonomic environmental body is not issued within three months, it will proceed according to the provisions of article 83.4 of Law 30/1992, of November 26. The request for the report shall result in the suspension of the time limit for the resolution and notification of the decision, as provided for in Article 42.5 (c) of that law.

Article 178. Licence fee for concessions carried over.

1. The extensions of the concessions provided for in this Title shall be subject to the payment of the fee calculated in accordance with Article 84 of Law 22/1988 of 28 July 1988 and the rules implementing it, except those to which it relates. Article 172.1, last paragraph, of this regulation, which shall bear in favour of the competent Port Authority the fees or port charges to be carried out.

2. The concessions referred to in paragraph 2 of the second transitional provision of Law 22/1988 of 28 July 1988 shall be governed by the provisions of the concessional title.

TITLE IV

Economic-Financial Regime of the Use of Public Domain Maritim-Terrestrial

CHAPTER I

Financing of works and other actions

Article 179. Financing of the State's works of competence.

The State's competition works will be financed from the corresponding budget credits and, where appropriate, with the contributions of the autonomous communities, local corporations, international organizations and (Article 82 of Law 22/1988 of 28 July 1988).

Article 180. Shared funding agreements.

1. Where the funding is shared, the contribution for each participant shall be fixed by common agreement, detailing the amount and modality of the commitments made.

2. These agreements may also refer to the preparation of planning and the projects of corresponding works (Article 83 of Law 22/1988 of 28 July).

3. The shared financing arrangements shall be established by means of conventions, each of the administrations or individuals participating in the financing of the work concerned, to ensure their contribution.

The agreements may include the financing of studies and planning and project work, as well as commitments relating to the contribution of the land, conservation and exploitation of the works.

CHAPTER II

Canyons

Article 181. Canon of occupation or use of the public maritime-terrestrial domain.

1. Any occupation or use of the public maritime-land domain under a concession or authorization, whatever the granting authority, shall be payable by the corresponding fee in favour of the General Administration of the State, without the damage to which they are required by that person.

2. They are obliged to pay the fee, in the amount and conditions laid down in Law 22/1988 of 28 July 1988, the holders of the concessions and authorizations referred to above (Articles 84.1 and 2 of Law 22/1988 of 28 July).

3. The following requirements shall be taken into account in determining the amount of the fee:

a) Occupation of the maritime-terrestrial public domain:

1. By occupation of property of public land-maritime domain, the valuation of the occupied good will be determined by equating to the greater of the three following values: the cadastral value, the one checked by the administration the effects of any tax, or the price, consideration or acquisition value declared by the taxable persons, applicable to the land adjacent to its servitude areas which have a similar use to the uses that are proposed for the public domain.

In the event that the cadastral value of the public domain zones is not available, the Catastro will report on the value of the soil in the adjoining area.

In the absence of similar use, the average of the values used for the determination of the fees due for the concessions granted in the maritime-terrestrial public domain in this term will be taken. municipal.

The resulting value shall be increased by the estimated average annual net profit before tax, which is expected to be obtained in the use of the public domain for a period of ten years. If the duration of the concession is less than ten years, that estimate shall be for the entire concession period.

The estimate of these benefits shall be made taking into account the economic studies provided by the applicant for the grant or authorization, as well as the information that may be collected and the assessments that may be made. the granting administration, directly or by comparison with other existing concessions. In no case shall this estimate be less than 20 per 100 of the amount of the investment to be made by the applicant.

The material budget for the execution of the works and facilities in the updated maritime-terrestrial public domain shall be taken as the value of the investment.

2. For the occupations of infrastructure for sanitation, supply, electricity and communications, of general interest, the value of the occupied property will be 0.006 euros per square meter of occupied area, increased in the performance of the use of the said domain. In no case shall this estimate be less than 20% of the amount of the investment to be made by the applicant (Article 84.3.1.b) of Law 22/1988, of 28 July).

3. In the case of occupations of existing works and installations, the tax base shall be calculated by adding the provisions of paragraphs 1, 2. or 4. of this paragraph, as appropriate, to the material value of such works and installations (Article 84.3.1.c) of Law 22/1988, of 28 July).

To calculate the material value of the works and facilities to be occupied, the time limit for the concession to be granted for the maximum repayment period published in the tables in the Annex to the Company Tax Regulation shall be divided. approved by Royal Decree 1777/2004 of 30 July 2004 and will be multiplied by the budget for the material execution of the updated works and installations. If the period remaining to be amortised is less than the period to be granted, that period shall be taken to carry out the above calculation. If the works and installations are fully amortised, the value of the occupation of the works and installations shall be considered to be zero unless the Administration justifies the existence of a residual value in which case it shall be adopted.

4. In the case of occupations of works and installations in the territorial sea, the valuation of the occupied property shall be EUR 0,006 per square metre of occupied area, to which the provisions of paragraph 1 shall be added, Third and fourth paragraphs. In the event that these occupations are intended for the research or exploitation of mining and energy resources, a fee of EUR 0.006 per square metre of occupied land will be paid (article. 84.3.1.d) of Law 22/1988, of July 28).

(b) For the use of land-terrestrial public domain goods, the value of the good shall be that of the materials used at average market prices (Article 84.3.2 of Law 22/1988 of 28 July).

4. In the case of marine crops, the taxable base of the occupation fee and the use of the public maritime-land domain shall be calculated according to the following rules:

(a) The amount of EUR 0,006 per square metre shall be considered as the value of the occupied goods.

(b) In terms of the yields that are expected to be obtained in the use of the public maritime-terrestrial domain, the following coefficients shall be considered:

Type 1. Marine crops in the territorial sea and inland waters: 0.4 €/m2.

Type 2. Marine crops on the sea side and the rias: 0.16 €/m2.

Type 3. Structures for sea water and drainage from marine crops located on land: 5 €/m2.

These amounts will be reviewed on the order of the Minister of Agriculture, Food and the Environment, taking into account the variation experienced by the National General Index of the Consumer Price Index (article). 84.4 of Law 22/1988, of July 28).

5. The annual rate of charge shall be 8% on the value of the base, except in the case of use, which shall be 100% (Article 84.5 of Law 22/1988 of 28 July).

For the purposes of calculating the annual charge, the basis shall be as described in each of the preceding paragraphs.

6. The occupation fee in favor of the General Administration of the State that will accrue the concessions that the autonomous communities grant in public-land-land domain assigned for the construction of marinas or fishing ports, It will be calculated in accordance with the provisions of Law 22/1988 of 28 July 1988 and its implementing legislation. The estimate of the benefit used to obtain the tax base of the fee may in no case be less than 3,33% of the amount of the investment to be made by the applicant (Article 84.6 of Law 22/1988 of 28 July).

Article 182. Charges for reduction of the fee.

1. The fee may be reduced by 90% in the case of occupations intended for free public use.

2. In the titles awarded to sports-nautical entities for the development of their non-profit-making activities, the amount of the occupation fee may be reduced by 75%. In order to obtain such a reduction, it will be necessary for the relevant sports federation to certify that the respective entities are duly registered and that they exclusively exercise the nautical-sports activity.

In the event that these entities allocate part of their occupations to be granted to activities other than the nautical-sport activities and that are of a lucrative nature, the canon that generates these occupations will be determined according to the general rules set out in the preceding paragraphs.

3. In order to provide incentives for better environmental practices in the aquaculture sector, the licence fee will be reduced by 40% in the case of permanent and continuous adinjured dealers to the Community management system and environmental audit (EMAS). If they are not attached to the management system but are in the environmental management system UNE-EN ISO 14001:1996, dealers will have a reduction of 25% (Article 84.7 of Law 22/1988 of 28 July).

4. Autonomous communities, local authorities and public law entities which are dependent on them shall be exempt from the payment of the occupation fee in the concessions or authorisations granted to them for the exercise of their powers, provided that they are not for profit, directly or by third parties. Similarly, the cases provided for in Article 54.2 of Law 22/1988 of 28 July 1988 (Article 84.8 of Law 22/1988 of 28 July 1988) shall be exempt from payment of this fee.

Article 183. Accrual of the fee.

1. The accrual of the fee, calculated in accordance with the criteria set out in the preceding articles, shall be annual and shall be produced with the initial grant of the concession or authorization. It shall be payable in the appropriate amount and within the time limits laid down in the conditions of such concession or authorization. In the case provided for in Article 181.3 (b), the accrual shall take place where the use is made.

2. In the case of authorisations and concessions of a duration exceeding one year, the licence fee having been established or revised, applying the Order of 30 October 1992, of the Ministry of Public Works and Transport, determining the amount of the occupation fee and use of the public maritime-terrestrial domain, the same shall be updated annually, automatically, increasing or minoring the base of the current by applying to the same variation experienced by the National General Index of the Consumer Price Index system in the last twelve months, according to the data published prior to the first day of each new year or any index replacing it. The accrual of the fee, the basis of which has been updated in accordance with the above, shall be payable within the time limits laid down in each title.

3. In the case of concessions for a duration of more than one year, the fee of which has not been established or revised by applying the said Ministerial Order of 30 October 1992, the review shall be carried out in advance in accordance with the Ministerial Order of 30 October 1992. Once this review has been carried out, it will be updated annually as set out in the previous paragraph (article 84.9 of Law 22/1988 of 28 July).

Article 184. Criteria for the fixing of the fee.

1. For the purposes of fixing the fee for occupation and use of the public domain, the occupation shall, in addition to the physical occupation, reach the demanial spaces in which limitations are established for other uses or occupations.

For the particular case of water-sheet occupations, the occupied surface shall be that of the polygon obtained by joining the anchorage points, in the case of floating systems, or the outermost points of the installation or its supporting elements, in the case of supported systems, plus spaces in which protective or limiting measures are put in place for navigation or anchorage.

2. For the same purposes, the occupation or use of maritime-terrestrial public domain will be computed in square meters. Where this occupation is carried out by means of pipes, lines, pipes and other elements of a similar character and a low width, a minimum width of one metre shall be considered, except for the same, taking into account the criteria set out in the paragraph above, be greater than the minimum quoted.

CHAPTER III

Fiances

Article 185. Interim bail provision by the petitioners of concessions and authorizations.

The petitioners of concessions and authorizations in the maritime-terrestrial public domain governed by Law 22/1988, of 28 July, will accredit to the competent administration, when submitting the application, the provision of the Provisional bail, for an amount of 2% of the budget of the works or installations to be carried out in the public domain in question, in the form provided for in the rules in force, being irrevocable and automatic execution by resolution of the body in favour of which it was established, who will also order their return if the submitted request.

Article 186. Establishment of final bail.

1. Granted the grant or authorization, the definitive bond will be constituted, raising the provisional one to 5 percent of the corresponding budget of the works or facilities. If the petitioner has granted bail for the application of other concessions or authorizations to be granted by the General Administration of the State, which are enforceable for the performance of the activity that motivates the application for occupation of the domain The total cumulative amount of such bonds may not exceed 5% of the budget referred to (Article 88.2 of Law 22/1988 of 28 July).

2. In the event that a number of sureties are required for the performance of the activity, for the purposes of the preceding paragraph, only the bonds which have been borrowed in the same period or in excess of the amount payable by the title shall be taken into account. demanial.

3. If, in the opinion of the competent authority, the budget of the works and installations does not respond to the reality, the latter shall appraise them to the effects of the determination of the bonds.

Article 187. Loss of the bail to the withdrawal of the petition or waiver of the title.

If the interested party desist from the petition or will give up the title, he will lose the constituted bail (article 88.3 of Law 22/1988, of July 28).

Article 188. Supplementary bail in the case of discharges.

1. In the case of discharges, the competent authority may require the lodging of a supplementary security to meet the conditions of the discharge, in amount equivalent to the amount of one semester of the discharge fee, subject to periodic reviews in the light of variations in this (Article 88.4 of Law 22/1988 of 28 July).

2. Such security shall be lodged in favour of the competent authority and shall be irrevocably and shall be automatically executed on the order of that administration, which shall also order its repayment in the amount and form as appropriate.

Article 189. Return of the final bond.

1. The final security shall be returned to the year of the approval of the recognition of the works, in the case of a concession or authorization with a maturity of more than one year, and in another case, due to its expiration, except in the case of waiver and revocation, deduction of the amounts which, where appropriate, must be made effective in terms of penalties and liabilities incurred by the concessionaire.

2. The right to return the security shall be prescribed if it has not been applied for within five years from the date on which it is brought (Articles 88.5 and 6 of Law 22/1988 of 28 July).

CHAPTER IV

Ransom rating

Article 190. Assessment of the bailouts of the concessions.

1. The assessment of the concessions, in the case of a full or partial rescue, shall comply with the following rules:

(a) The value of the unamortized works, included in the concession recognition act, shall be compensated by assuming a linear amortisation for the duration of the concession, updating the project prices, even fees of the same and works management, according to the official rules and considering the state of the works (article 89.1 of Law 22/1988, of July 28).

(b) It shall also be compensated for the loss of profits in the current economic year or year, in which the rescue is performed, duly justified by the declarations made for tax purposes (Article 89.2 of the Law 22/19888, of July 28).

For these purposes, the Peripheral Costs Service of the concessionaire, in order to determine the average annual profit, the data of the declarations submitted in the previous five years. When a difference is observed between the declared profits and those checked by the Tax Administration, the latter shall be the latter.

(c) In any event, the works and installations carried out by the concessionaire without prior authorization shall not be taken into account, which shall pass to the public domain without the right to compensation (Article 89.3 of Law 22/1988, 28 of (July).

2. It shall also be compensated for the following reasons:

(a) For the quantities paid for the goods expropriated and incorporated into the public maritime-land domain, pursuant to Article 138 of this Regulation, assuming a linear amortisation for the period concessional and applying the appropriate legal interest rates.

(b) By the value of the goods incorporated into the public maritime-land domain, as referred to in Article 5.7 of this Regulation, and not amortised, determined in accordance with the criteria of Article 84.3 of Law 22/1988, of 28 July, assuming a linear amortisation for the concession period.

3. In no case shall the rights deriving from the relations referred to in Article 141.5 of this Regulation be indemnified, nor shall the capital gains resulting from the works carried out by the Administration, except where they have been passed on to the fee.

4. In the concessions granted by the Ministry of Agriculture, Food and the Environment, the assessment shall be carried out by the Peripheral Coast Service and shall be submitted to the concessionaire's knowledge to indicate their conformity or to expose them. allegations that he considers appropriate, prior to his approval by the Ministry.

TITLE V

Violations and penalties

CHAPTER I

Violations

Article 191. Serious infringements.

1. The infringements shall be classified as minor and serious.

2. Serious infringements shall be considered in accordance with Law 22/1988 of 28 July 1988,

following:

a) The alteration of the milestones of the deslindes.

b) Occupation or use without the due administrative title of the maritime-terrestrial public domain, provided that the express requirement of the Administration for the cessation of abusive conduct had been disregarded.

c) Unauthorized execution of works and installations in the public maritime-terrestrial domain, as well as the increase of surface, volume or height built on the authorized ones.

d) Unauthorized extraction of aggregates.

e) Failure to comply with the property limitations on the aggregates laid down in Law 22/1988 of 28 July.

f) Disruption of public access to the sea and transit easement.

g) The realization of unauthorized constructions in the areas of protection and transit easement and access to the sea.

(h) Actions or omissions involving a risk to the life, health or safety of persons, provided that they do not constitute a crime and, in any case, the unauthorised discharge of waste water.

i) The use of the public maritime-terrestrial domain and its servitude zones for uses not permitted by Law 22/1988, of July 28.

(j) The performance, without any administrative title required under Law 22/1988, of 28 July, of any kind of works or installations in the areas of servitude defined in the Law, provided that the Express requirement of the Administration for the cessation of the abusive conduct or that, having been notified of the opening of the sanctioning file, has been persisted in such conduct.

k) Actions or omissions that cause irreparable damage or difficult repair in the public maritime-land domain or pose a serious obstacle to the exercise of the functions of the Administration.

l) The distortion of information provided to the Administration.

m) The recidivism by commission, within two years, of more than one minor infraction when it has been declared by firm resolution (article 90 of Law 22/1988, of July 28).

Article 192. Minor infractions.

They shall have the character of minor infringements of the actions or omissions, in addition to those not covered by Articles 90 of Law 22/1988, of 28 July and 191 of this Regulation, the following:

a) Occupation or use without the due administrative title of the public maritime-terrestrial public domain not constituting a serious infringement.

b) The execution of works, discharges, crops, plantations or talas in the public maritime-terrestrial domain without due administrative title.

(c) Actions or omissions that cause damage or damage to the property of the public maritime-land domain or its use.

(d) Failure to comply with the provisions of easements and determinations contained in the rules adopted pursuant to Law 22/1988 of 28 July.

e) Failure to comply with the conditions of the corresponding administrative titles, without prejudice to their expiry.

f) Unauthorized advertising in the public maritime domain or in the protection servitude zone.

g) The announcement of activities to be carried out in the maritime-terrestrial public domain and its servitude zones without due administrative or in-dispute title.

h) The obstruction to the exercise of the police functions that correspond to the Administration.

i) The omission of actions that were mandatory under Law 22/1988, of July 28 (article 91 of Law 22/1988, of July 28).

Article 193. Responsible Statement.

For the purposes of Title V of Law 22/1988 of 28 July, and in this Regulation, the responsible declaration provided for in the fourth transitional provision of Law 22/1988 shall be understood as administrative title, of 28 July, and Article 27 and transitional provision fifteenth of this Regulation.

Article 194. Time limit for the limitation of infringements and penalties.

1. The limitation period for infringements shall be two years for the serious and six months for the minor, counted from their total consumption. The prescription of the initiation of the penalty procedure, with the knowledge of the person concerned, shall be interrupted, the limitation period being resumed if the sanctioning file has been paralyzed for more than two months for reasons not attributable to the responsible (Article 92.1 of Law 22/1988 of 28 July).

2. The limitation period for the penalties shall be two years for the serious and one year for the minor, counted from the day following that in which the decision imposing the sanction is final. The person concerned shall be interrupted by the initiation of the procedure, with the knowledge of the person concerned, by the time limit if such proceedings were brought to a standstill for more than two months for reasons not attributable to the infringer (Article 92.2 of Law 22/1988, of July 28).

3. The time limit shall be counted at the date on which the offence was committed or, in the case of continued activity, at the end of the period. In the event that the fact or activity constituting an infringement is unknown due to the lack of external signs, the time limit shall be computed when they manifest.

4. A construction or installation shall be deemed to be fully completed when it is ready to serve the intended purpose, without any subsequent action. To this end, the date of termination shall be deemed to be the date of termination by the sanctioning body and, in the alternative and in this order, of the license, permit or authorization of operation or service, or the final certificate of work subscribed by competent technician.

Article 195. Responsible for the breach.

1. The following shall be responsible for the infringement of natural or legal persons, public or private:

(a) In the event of non-compliance with the conditions of an administrative title, the holder of the administrative title.

(b) In other cases, the promoter of the activity, the employer who executes it and the technical director of the activity, as well as any other subject who intervenes by action or omission in the commission of the fact that the violation.

c) In the case of infringements resulting from the granting of administrative titles contrary to the provisions of Law 22/1988 of 28 July 1988, the exercise of which will cause serious damage to the public domain or to third parties, equally responsible:

1. The officials or employees of any public administration who report favorably on the granting of the corresponding title, which will be punished for serious misconduct on disciplinary grounds, prior to the corresponding file.

2. The authorities and members of the collegiate bodies of any corporations or public entities that resolve or vote in favor of the granting of the title, ignoring mandatory and unanimous reports in which it is warned expressly of illegality, or where such reports would not have been sought. The penalty shall be fine for the amount corresponding to each case by application of the criteria of Law 22/1988, of 28 July, and of this Regulation.

The source of compensation for damages suffered by individuals in the cases referred to in this paragraph shall be determined in accordance with the rules governing the liability of the Administration. In no case shall there be any compensation if there is any serious negligence, fault or negligence attributable to the injured party (Article 93.1 of Law 22/1988 of 28 July).

2. In the event of more than one subject being held liable for the infringement, the consequences arising from the infringement will be required in solidarity (Article 93.2 of Law 22/1988 of 28 July).

3. The administrative titles referred to in paragraph (1) (c) above shall be all those that constitute unlawful action, whatever the regulatory regulation and the Administration that grants them.

CHAPTER II

Sanctions

Section 1. General Provisions

Article 196. Penalty of infringements.

1. Any action or omission constituting an infringement shall be punishable by the fine as appropriate in accordance with Articles 97 and 98 of Law 22/1988 of 28 July 1988 and consistent with this Regulation.

2. In the event that the same infringer commits a number of actions or omissions that may be considered as several violations, the same penalties would be imposed as violations.

In the event that the same act or omission is constitutive of two or more infractions, only the one that carries the greatest sanction will be taken into consideration.

In the event that some facts were constitutive of a qualifying infringement as a means or instrument to ensure the commission of other facts, also constituting an infringement, so that they necessarily result from those, the most serious sanction of the two shall be imposed in its upper half.

However, the holders of concessions granted pursuant to Law 22/1988 of 28 July may be subject to penalties for the infringements established therein, irrespective of other responsibilities which, in their Case, be enforceable.

3. Where, in the case of the Administration, the offence may constitute a crime or a fault, the administrative body shall transfer the Prosecutor's Office, refraining from pursuing the sanctioning procedure as long as the judicial authority does not has been pronounced. The criminal sanction shall exclude the imposition of administrative penalty.

4. In the event of reoffending in serious infringements, the disablement may be declared to be the holder of authorisations and concessions for a period of one to three years (Article 94 of Law 22/1988 of 28 July).

Article 197. Obligation to return the goods and replace their previous state and return the benefit obtained in an illicit manner.

1. Without prejudice to the criminal or administrative penalty imposed, the infringer shall be obliged to refund the goods and replace his previous state, with the compensation of irreparable damage and damage caused, within the period specified in each the case is set out in the relevant decision (Article 95.1 of Law 22/1988 of 28 July).

This obligation shall be prescribed at the age of 15 years after the Administration agrees to its imposition, without prejudice to Article 10.2 of Law 22/1988 of 28 July 1988 and to the imprinting of the goods in question. public land-based maritime domain and easements in adjoining land.

2. In any event, the refund includes the obligation to return to the Administration the totality of the benefit obtained in an illicit manner.

3. The obligations of restitution, replacement and return are enforceable in any case that is the subject responsible for the infringement.

Article 198. Administrative title expiration.

1. Where the infringement derives from the failure to comply with the conditions of the administrative title, the infringement shall be declared to be valid, where appropriate, in accordance with Articles 79 of Law 22/1988 of 28 July 1988 and Articles 165 and 166 of this Regulation. (Article 95.2 of Law 22/1988 of 28 July).

2. Proceedings for the suspension of the effects and annulment of the administrative acts in which the unlawful action may be sought shall also be initiated (Article 95.3 of Law 22/1988 of 28 July).

Article 199. Notification to the Registry of Property of administrative resolutions ordering the replacement or restitution.

The Peripheral coast service shall notify the Land Registry of the administrative decisions ordering the replacement or refund for the latter to take the relevant marginal note with respect to the buildings or facilities concerned which may have been subject to registration. When the resolution is firm, the corresponding seat shall be cancelled.

Article 200. Publication of the sanctions.

The sanctions imposed for serious violations, once firm, will be made public in the Official Gazette of the corresponding autonomous community on a quarterly basis and contain the following data: Amount of the penalty, name of the offender or offenders, the classification of the offence, the location of the offence and, where appropriate, the obligation of restitution and compensation.

Section 2. Mules

Article 201. Fines for serious infringements.

For serious violations, the penalty will be:

(a) In the cases referred to in paragraphs (a), (f), (h), (i) and (k) of Article 90.2 of Law 22/1988 of 28 July 1988 and 191.2 of this Regulation: Multa of up to EUR 300 000. For the calculation of the amount of the fine, the following criteria shall be taken into account:

1. In case of milestone alteration: 1,000 euros per affected milestone.

2. In the case of interruption of public access to the sea and of the transit easement: between 1,000 and 5,000 euros for each day in which the access or transit is interrupted according to the following criteria: Nature of the affected maritime-terrestrial public domain; whether it is a natural or urban stretch of the beach; length and areas affected; the existence of other alternative approaches; and the type or nature of the disruption.

Violations for less than one day will be calculated proportionally.

3. In the case of actions or omissions involving a risk to the life, health or safety of persons, the minimum amount shall be EUR 3,000. The following criteria shall be taken into account in calculating the penalty: The magnitude of the risk produced, the amount of damage caused and the degree of intentional intentionality in the infringer

In the case of non-compliance with the maritime beacon rules: EUR 300 per day.

Violations for less than one day will be calculated proportionally.

In the case of unauthorized discharges of waste water, the cost of the discharge treatment that would have been imposed, if any, to grant the authorization.

4. In the event of the use of the public land-land domain and its servitude zones for uses not permitted by the legislation of Costas not covered by other paragraphs, the estimated benefit to be obtained by the The value of the damages caused to the public domain, with a minimum of EUR 150, is not quantifiable and where this is not quantifiable.

In the case of camping: 40 euros per square meter occupied and day, this being the minimum sanction.

In the case of camping the infractions for less than one day will be calculated proportionally.

In the case of parking or unauthorised movement of vehicles: Between 50 and 150 euros, depending on the risks or damages caused to persons, property or rights and the place of the commission of the offence.

Violations for less than one day will be calculated proportionally.

5. In the case of actions or omissions that cause irreparable damage or difficult to repair in the public domain or pose a serious obstacle to the exercise of the functions of the Administration not covered by others paragraphs, the amount of the fine shall be graduated according to the seriousness of the action or omission, with a minimum of EUR 600. For their calculation, the criteria laid down in Article 100.2 of Law 22/1988 of 28 July 1988 shall be taken into account.

b) In the case of occupation or the use without the due administrative title of the maritime-terrestrial public domain, provided that the express requirement of the Administration for the cessation of the occupation had been neglected abusive conduct, fine equivalent to EUR 120 per square metre per day.

Violations for less than one day will be calculated proportionally.

(c) In the cases referred to in Article 90.2 (c), (g) and (j) of Law 22/1988 of 28 July 1988 and consistent with this Regulation: 50% of the value of works and installations where they are in the public domain or in the area of transit or access to the sea, and 25 per cent in the rest of the protection servitude zone, with a minimum of EUR 300.

d) In the case of the unauthorized extraction of aggregates, a fine equivalent to 20 euros per cubic meter, the minimum sanction being this.

e) In the event of the failure to comply with the property limitations on the aggregates laid down in Law 22/1988, of July 28: 10 percent of the value of the transmission.

f) In the case of the recidivism by commission, within two years, of more than one minor infraction, when that has been declared by firm resolution, the fine will be obtained from the sum of the established for each one of the minor offences, considering only, where appropriate, the reduction of the amount up to half, for the first of them, the having proceeded to correct the situation created by the commission of the infringement within the time limit laid down in the corresponding requirement.

g) In the case of prohibited advertising, as a result of not being excepted in Articles 46 and 81 of this Regulation: Multa of 250 euros, when advertising is carried out by audiovisual means, and of 100 euros per square meter, when be through billboards or billboards.

h) In the cases of distortion of the information provided to the Administration: EUR 300, increased in the profit obtained by the infringer (Article 97.1 of Law 22/1988, of July 28).

Article 202. Fine for minor infractions.

1. For minor infringements, the penalty shall be fine, in the amount determined in accordance with the criteria of the previous Article, in accordance with the criteria laid down in the previous Article, in such a way that the penalty does not exceed half of the (a) in accordance with those criteria, and in any event, EUR 60,000 (Article 97.2 of Law 22/1988 of 28 July).

2. In the following cases the penalty will be:

(a) In the cases of the announcement of activities to be carried out in the public domain and their servitude zones without due administrative or in dispute with their conditions, with a minimum of 50 euros, it shall be calculated according to the following criteria: 25% of the cost of the notice, in the case of activities without due administrative title and, where it is contrary to the conditions laid down in that title, that provided for in the concessional clauses.

b) In the cases of obstruction to the exercise of the functions of the police that correspond to the Administration, the minimum fine, for obstruction of the exercise of the functions of police that correspond to the Administration, will be EUR 300, increased to the benefit obtained by the infringer.

(c) In the case of damages to the non-constitutive maritime-terrestrial public domain, the fine shall be equal to the value of the damage caused.

In case of occupation or non-title use, non-constitutive of serious infringement: Multa of 20 euros per square meter and day.

Violations for less than one day will be calculated proportionally.

d) In the case of crops, plantations or tallies: Multa of 120 euros per square meter.

e) In the cases of non-compliance with the conditions of the title: Multa of 200 euros for each non-compliance.

f) For failure to comply with the provisions of the law, which does not constitute a serious infringement in accordance with the provisions of Article 90.2 of Law 22/1988 of 28 July 1988 and 191 of this Regulation: for non-compliance.

In the case of works or installations in areas of non-constitutive servitude of serious infringement, the amount of the penalty shall be determined by applying the criteria laid down in Articles 97.1 (c) of the Law 22/1988 of 28 July 1988 and 201 c) of this Regulation, so that it does not exceed half of that which would be the case.

g) In the case of advertising carried out without due administrative title or with non-compliance with the conditions laid down in that title, in accordance with the assumptions set out in Articles 46 and 81 of this Regulation: A fine of EUR 100, where the advertising is carried out by audiovisual means, and EUR 50 per square metre, when it is through billboards or billboards.

Article 203. Obligation to deliver to the Administration the full benefit obtained.

The imposition of the fine, whatever the amount, will not exclude the obligation to give the Administration the full benefit obtained.

Article 204. Mitigating circumstance consideration.

1. The amount of the fine may be reduced by up to half of the amount of the fine, and the situation created by the commission of the infringement shall be corrected within the period specified in the relevant order. (Article 97.3 of Law 22/1988 of 28 July 1988).

2. The requirement for the person concerned shall be made in the notification of the opening of the sanctioning file.

Article 205. Fine to undertakings providing services for non-compliance with obligations

1. Failure by the undertakings providing services to comply with the obligations laid down in Articles 39 and 103 of Law 22/1988 of 28 July 1988 and 82 and 211 of this Regulation will lead to the imposition of a a fine of not less than five times the amount of the undertaking, without prejudice to other penalties resulting from them (Article 98 of Law 22/1988 of 28 July 1988).

2. The fixing shall take into account the number of previous requirements neglected, the time spent in materialising the interruption of supply and the damage caused by the delay.

3. The competent authority shall be entitled to sanction the main infringement which motivates the supply disruption.

Article 206. Competition for the imposition of fines.

1. The imposition of the fines shall be the responsibility of the competent authority for the matter. In the case of the General Administration of the State, the following bodies shall be empowered, in accordance with the limits set out below:

(a) Head of the Periferican Service: up to EUR 60,000.

b) Director General: Up to EUR 300,000.

c) Minister: Up to 1,200,000 euros.

d) Council of Ministers: More than 1,200,000 euros.

2. The autonomous communities may impose fines of up to EUR 1,200,000 in the area of their competence for the enforcement of state legislation in the field of industrial discharges and pollutants.

3. The mayors, in matters of municipal jurisdiction under Law 22/1988, of July 28, may impose fines of up to 12,000 euros (Article 99 of Law 22/1988, of July 28).

Section 3. Second Restitution and Reorder and Compensation

Article 207. Compensation for damages to the maritime-terrestrial public domain.

1. Where the refund and replacement referred to in Article 95.1 of Law 22/1988 of 28 July 1988 and 197 of this Regulation were not possible and, in any event, where irreparable damage still exists, those responsible for the infringement they shall pay the compensation which they have provided, which is determined by the Administration.

2. Where damage is difficult to assess, the following criteria shall be taken into account:

a) Theoretical cost of restitution and replenishment.

b) Value of damaged goods.

c) Cost of the project or activity causing the damage.

d) Profit obtained with the infringing activity.

3. Where the benefit exceeds the allowance, the amount of the allowance shall be taken for at least the amount of the allowance (Article 100 of Law 22/1988 of 28 July 1988)

4. The damage assessment shall be carried out by the sanctioning body. For quantification, in the case of having to apply the provisions of paragraph 2, the highest value shall be chosen among those resulting from the application of the criteria laid down therein.

Section 4. Abono Of Fines and Indemnities

Article 208. Payment of the amounts from fines.

1. The payment of amounts from fines, repayment of profits obtained with the infringing activity and allowances imposed by the General Administration of the State, resulting from the liabilities payable under the application of the Law 22/1988, of July 28, and of this regulation, will be carried out in the Public Treasury, and the supporting documents must be presented in the sanctioning body.

2. The revenue shall be made within the time limit set out in the relevant resolution, in accordance with the provisions of the General Recovery Regulation.

3. Revenue arising from the concepts set out in the first paragraph of this Article shall automatically generate an increase in the credit of the investment budget chapter on the coast of the Ministry of Agriculture, Food and Agriculture. and Environment.

CHAPTER III

Procedure and means of execution

Section 1. Procedure

Article 209. Sanctioning procedure.

1. The procedure for sanctioning the offences provided for in this Regulation shall be governed by the Rules of Procedure for the exercise of the power of penalties, approved by Royal Decree 1398/1993 of 4 August 1993, with the specialties that are collected in the following items.

2. The officials and the authorities concerned shall be required to make the complaints, to deal with the complaints and to resolve the complaints of their jurisdiction, imposing the penalties provided for (Article 101.1 of Law 22/1988 of 28 July).

3. For the purposes indicated, officials and officials of the Administration shall be entitled to access the grounds of private property in which the relevant checks and actions have been carried out (Article 101.2 of the Law). 22/1988, of July 28).

4. Where private individuals or public authorities make a complaint, they must sufficiently substantiate the facts complained of so that the complaint can be dealt with. In this case, they shall be notified of the initiation of the sanctioning file, if appropriate.

Article 210. Opening of the sanctioning file.

Warn the existence of a possible infringement, the competent body, prior to the appropriate measures, will initiate the alleged infringer of the sanctioning case and notify the statement of objections to the person to make the allegations which it considers appropriate, subsequently communicating the decision (Article 102, paragraph 1, of Law 22/1988 of 28 July).

Article 211. Processing of the sanctioning procedure, cessation of illegal works and suspension of holdings.

1. In the case of illegal works in the course of execution, the competent authority shall order its cessation at the time of the opening of the sanctioning file. In the case of installations in operation, the suspension of undue use or activities shall be suspended, once the relevant claims have been rejected, where appropriate. In both cases the seal of the works or installations may be carried out.

2. The service undertakings referred to in Articles 39 of Law 22/1988 of 28 July 1988 and 82 of this Regulation shall suspend the supply at the request of the Administration (Article 103 of Law 22/1988 of 28 July 1988).

3. In the event of competition from the Ministry of Agriculture, Food and the Environment, the opening of the file shall be the responsibility of the Head of the Peripheral Coast Service, on his own initiative, higher order, reasoned request from other bodies or denunciation.

4. The filing of licenses, permits or other authorizations granted under other legal provisions shall not be an impediment to the opening of a sanctioning file, as well as the filing of a title or a title (

) the administrative burden of the administrative burden of the administrative burden;

5. The competent body shall appoint Instructor and Registrar to initiate the file. Where appropriate, it shall order the cessation of illegal works by warning that, in another case, the measures provided for in Articles 104 of Law 22/1988 of 28 July 1988 and 212 of this Regulation shall be adopted and shall indicate the possibility of considering the mitigating circumstances provided for in Articles 97.3 and 204.1, respectively, of the abovementioned law and regulation, setting the time limit. Such extremes shall be notified to the alleged perpetrators.

6. The Instructor, when deemed necessary for the clarification of the facts, will practice the appropriate measures and tests and will request the necessary reports.

7. The Instructor shall formulate the statement of objections which shall contain an exposure of the facts imputed, the precepts allegedly infringed, the damage caused and the penalties which are due, as well as the result of the tests, in the event of have been practiced.

Where the actions provided for in the preceding number are not carried out, the statement of objections shall be notified in conjunction with the opening of the sanctioning file.

8. The alleged infringer shall have a period of 15 days to make the allegations to the statement of objections and propose, where appropriate, the practice of new evidence which is relevant to the determination of the facts. The provisions of Article 17 of the Rules of Procedure for the exercise of sanctioning powers, approved by Royal Decree 1398/1993 of 4 August 1993, shall apply to the test.

9. In the case of illegal installations in operation and the arguments made to the statement of objections are rejected, the Instructor, without prejudice to the continuation of the file, shall communicate the proceedings to the body which agreed to initiate the sanctioning, in order to provide for the suspension of undue use or activity and to indicate the appropriate remedy, without prejudice to the immediate enforceability of the suspension.

10. Once the statement of objections has been answered, or after the deadline for this, the Instructor of the file shall make a motion for a resolution, which shall send the body which ordered the initiation of the dossier, for resolution or elevation to the competent body, after the person concerned has been heard for a period of 15 days.

11. Before the decision is taken, the body responsible for resolving the matter may decide, by reasoned agreement, to carry out the necessary additional measures to resolve the procedure. The agreement to carry out additional actions shall be notified to the parties concerned, giving them a period of seven days in order to make any claims they have. Complementary actions shall be carried out within a period not exceeding 15 days. The time limit for resolving the procedure shall be suspended until the completion of the accompanying measures. The reports preceding the final decision of the procedure shall not be taken into account by any additional action.

12. The competent body shall give a decision which shall be reasoned and shall decide on all the questions raised by the parties concerned and those arising from the proceedings.

13. The opening of the procedure may be considered as a motion for a resolution, as provided for in Articles 18 and 19 of the Rules of Procedure for the exercise of sanctioning powers, approved by Royal Decree 1398/1993 of 4 December 1993. August, when no claims are made within the time limit granted to the effect.

The opening agreement may be taken as a motion for a resolution, where the alleged infringer has not submitted allegations to the opening agreement.

14. The resolution shall, where appropriate, set the time limits for the effective application of the penalties and, where appropriate, the conditions and time limits for the return of the goods and the replacement of their previous status or, if this is impossible, the compensation for damages. Irreparable damage caused.

In the resolution, facts other than those determined at the time of the procedure shall not be accepted unless, where appropriate, the application of the provisions of paragraph 11 of this Article is applied, independence from its different legal assessment. However, where the body responsible for resolving the case considers that the infringement is more serious than that determined in the motion for a resolution, the defendant shall be notified of the fact that he or she considers that the infringement is appropriate. a period of 15 days.

15. Where the determination of the compensation has not been fixed in the judgment of the sanctioning file, the infringement shall be dealt with on an independent file, where the offender may only be questioned. amount of damage.

16. If, at the stage of the arguments referred to in paragraph 8, it is established that an application for an administrative title which is enforceable in accordance with Law 22/1988 of 28 July 1988 and this Regulation is pending, all the applications shall be (a) the measures referred to in Article 3 (1) (b) of Regulation (EU) No. The remainder of the measures on restitution, replacement and compensation shall be postponed to the resolution of the file on the said application. In the event that the decision is rejected, the decision shall include the corresponding measures.

17. The suspension of the supply referred to in paragraph 2 shall be made at the request of the Administration which instructs the sanctioning file.

18. Where the General Administration of the State is competent for the subject matter for the imposition of the sanction, the maximum time limit for the decision shall be 12 months.

Not to be resolved within the prescribed time-limits shall be the declaration of revocation, in accordance with the provisions of Article 44.2 of Law 30/1992, of November 26.

19. Decisions which end the administrative procedure shall be immediately enforceable and the administrative resources which come under Law No 30/1992 of 26 November 1992 on the terms laid down by it shall be brought before them. Royal Decree 1398/1993 of 4 August, approving the Rules of Procedure for the exercise of sanctioning powers.

In the General Administration of the State, resolutions adopted by the Minister and the Council of Ministers are put to an end.

Article 212. Collaboration of the public force. Failure of the order to stop.

1. For the effectiveness of the cessation, prohibition or suspension provided for in the previous article, as well as for the recovery of the public domain's office as referred to in Articles 10.2 of Law 22/1988, of 28 July, and 14.2 of this The competent body shall, where necessary, be interested in the collaboration of the public force.

2. Where the person concerned has failed to comply with the order for cessation, the seal or removal of the materials prepared for use in the works and the machinery shall be carried out. In the latter case, the person concerned may recover the withdrawn materials, after payment of the costs of transport and custody (Article 104 of Law 22/1988 of 28 July).

Article 213. Subsidiary execution by the Administration of the correction of deficiencies in the treatment in the alleged treatment and treatment of discharges.

When the cessation or suspension of a treatment and treatment facility for discharges was not appropriate, and serious drawbacks of the failure to comply with the conditions stipulated, the Administration, prior to require the holder to correct the deficiencies within the time limit indicated to him, and if he does not correct them, he shall carry out his subsidiary execution at the cost of that implementation (Article 105 of Law 22/1988 of 28 July).

Article 214. Employment obligations during the cessation, prohibition or suspension of the activity concerned.

During the time of cessation, prohibition or suspension, the Administration shall not assume any type of employment obligation of the owner of the activity concerned, without prejudice to the provisions of the risk prevention regulations

Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice

Section 2. Forced Execution

Article 215. Enforced execution.

1. Both the amount of the fines and the amount of administrative responsibilities may be required by the administrative route of the award.

2. In the event that the suspension of the execution of the fine or the repair is agreed upon, the person concerned shall be obliged to ensure that the penalty is paid for the suspension to be effective (Article 107.1 and 2 of Law 22/1988 of 28 July).

3. In the event of jurisdiction of the General Administration of the State, the guarantee shall be lodged in the General Deposit Box, at the disposal of the sanctioning body, by means of security or guarantee, by the amount of the fine and other obligations.

Article 216. Periodic penalty payments.

The sanctioning bodies may impose periodic penalty payments when the time limits laid down in the relevant requirement are passed, as provided for in Law 30/1992 of 26 November. The amount of each of them shall not exceed 20% of the fine fixed for the offence committed (Article 107.3 of Law 22/1988 of 28 July).

Article 217. Subsidiary execution on behalf of the offender.

In addition, subsidiary execution may be carried out on behalf of the infringer and at his expense (Article 107.4 of Law 22/1988, of July 28).

Article 218. Administrative eviction.

1. The administrative eviction of those who occupy improperly and without title enough property of the maritime-terrestrial public domain will be decreed by the competent organ, upon request to the usurper to cease its action, with a deadline of eight days for the submission of claims, and in the event of active or passive resistance to such a requirement. The costs to be incurred shall be taken into account in the case of the evicted (Article 108 of Law 22/1988 of 28 July).

2. The body responsible for sanctioning will agree to the eviction. When it belongs to the General Administration of the State, it shall request from the Government Delegate or Subdelegation the collaboration of the State Security Forces and Corps, where necessary.

Section 3. Public Action

Article 219. Public action.

1. The action shall be published in order to require the administrative bodies and the courts to comply with the provisions of Law 22/1988 of 28 July 1988 and the provisions to be laid down for their development and implementation.

2. The Administration, which has been established for the existence of the infringement and provided that the fact that the matter is not subject to an already completed or pending sanctioning file, shall pay the complainants the justified costs in which they incurred (Article 109 of Law 22/1988 of 28 July).

3. In order to enable the public to be dealt with in a timely manner, they must sufficiently substantiate the facts of the infringement of Law 22/1988 of 28 July 1988 of this Regulation or of other provisions to be dictated for development.

If the Administration considers that there is insufficient evidence, the file will be filed without further processing, except when the facts stated by the person concerned are imputed to the same organ in which they are filed, which in this case will raise it to the immediate higher.

TITLE VI

Administrative competencies

CHAPTER I

Competencies of the General Administration of the State

Article 220. Powers of the General Administration of the State.

1. It is for the General Administration of the State, in the terms laid down in Law 22/1988, of July 28:

(a) The unlinde of the land-land public domain goods, as well as their affectation and disaffection, and the acquisition and expropriation of land for incorporation into that domain.

b) The management of maritime-terrestrial public domain, including the granting of subscriptions, concessions and authorizations for their occupation and use, the declaration of reserve zones, the authorizations in the areas of easement of transit and access to the sea and, in any case, the concessions of fixed works at sea, as well as those of minor maritime installations, such as jetties, trousers, vars and other similar ones which are not part of a port or are attached to it.

(c) The protection and policing of the maritime and terrestrial public domain and its easements, as well as the monitoring of compliance with the conditions under which concessions and authorizations have been granted corresponding. When this competition takes place in an area of protection, its exercise by the Ministry of Agriculture, Food and the Environment will be directed to the prosecution of the offending conduct that attacks the integrity of the public domain or the maintenance of transit and access to the sea, without prejudice to the powers that the autonomous communities have for the matter, both in the public domain and in the areas of servitude.

(d) The exercise of the rights of tanteo and retraction in the transmissions of the arid fields and, where appropriate, the expropriation thereof.

e) The performance of measurements and afora, studies of maritime hydraulics and information on the maritime climate.

(f) The approval of the standards developed in accordance with Article 22 of Law 22/1988, of 28 July, and 42 of this Regulation.

g) Works and actions of general interest or those affecting more than one Autonomous Community.

h) The elaboration and approval of the provisions on discharges, human safety in bathing and marine salvage sites.

i) The lighting of coastlines and sea signs.

j) the provision of all kinds of technical services related to the exercise of the above powers and advice to the Autonomous Communities, local authorities and other public or private entities and to the individuals who request it.

k) The implementation of international agreements and conventions in the areas of their competence.

l) The implementation of an Oceanographic Data Bank to define the conditions of maritime climate on the Spanish coast, for which the different public administrations will have to supply the information that they are

2. The contents of the Oceanographic Data Bank will be developed by the Ministry of Public Works, through the Public Body Ports of the State, who will publish the data obtained through its web portal.

3. The exercise of the powers of the General Administration of the State concerned in paragraph 1 corresponds to the Minister for Agriculture, Food and the Environment, with the exception of those attributed in this regulation to the holders of other departments. Ministerial in accordance with Article 223 of this regulation.

Article 221. Qualification of works of general interest.

1. They shall be classified as works of general interest and shall be the responsibility of the General Administration of the State:

(a) Those that are necessary for the protection, defense, and conservation of the maritime-terrestrial public domain, as well as its use, whatever the nature of the goods that integrate it.

b) The creation, regeneration and recovery of beaches, including the work of dredging, if any, necessary.

c) Public access to the sea not provided for in urban planning.

(d) Those located in the sea and inland waters, without prejudice to the powers of the Autonomous Communities, where appropriate.

e) The lighting of sea coasts and signs (article 111.1 of Law 22/1988, of 28 July).

The exercise of this competence corresponds to the Minister of Agriculture, Food and Environment, except those relating to the works of ports of general interest and lighting and maritime signage, which correspond to the Minister of Public Works.

2. The execution of such public works of general interest shall not be subject to a licence or any other act of control by local authorities.

3. Its execution shall not be suspended by other public administrations, without prejudice to the interposition of the resources that they have obtained.

4. For the execution of such works of general interest, the Autonomous Community and the City Council in whose territorial areas shall have an impact shall be required to notify the Commission of the conformity or disconformity of the work within a period of one month. instruments for the planning of the territory, whatever their name and scope, affecting the coastline and the urban planning in force. In the case of non-issuance, such reports shall be considered to be favourable. In the event of disagreement, the Ministry of Agriculture, Food and Environment shall submit the dossier to the Council of Ministers, which shall decide whether the project should be implemented and, in this case, order the initiation of the amendment procedure or review of the planning, in accordance with the procedure laid down in the relevant legislation.

In the event that the aforementioned instruments do not exist or the work of general interest is not provided for in them, the project will be forwarded to the Autonomous Community and the City Council affected to write or review the planning in order to accommodate the project's determinations within the maximum period of six months after approval. After the deadline without the adaptation of the planning being carried out, it will be considered that there is no obstacle to the execution of the work (article 112.2 of Law 22/1988, of 28 July).

5. Where the works of general interest referred to in paragraph 1 concern living marine resources, the General Secretariat for Fisheries shall inform the Commission in a timely manner within one month.

When they affect the surveillance of maritime spaces or shipwrecked vessels, the Ministry of Defense will be required to report in a timely manner within one month.

Article 222. Assumptions of mandatory and binding report of the General Administration of the State.

1. It is also for the General Administration of the State to report on the following assumptions:

(a) Plans and rules for spatial or urban planning and their modification or revision, in respect of compliance with the provisions of Law 22/1988 of 28 July, of this Regulation and of the rules to be adopted for its development and implementation. All the instruments of spatial and urban planning are understood, regardless of their denomination, including the Urban Soil Delimitation Projects and the Studies of Detail or other similar content, which have an impact on the public maritime-terrestrial domain and its servitude zones.

b) Plans and authorizations for discharges into the sea from land, for the purposes of compliance with state legislation and the occupation of maritime-terrestrial public domain.

c) Projects for the construction of new ports and transport routes for the autonomous communities, extension of the existing ones or their service area and modification of their external configuration, as planned In Article 49 of Law 22/1988, of July 28, and concordant with this regulation.

d) Declarations of areas of interest for marine crops, concessions and authorizations, in accordance with specific legislation.

2. The reports referred to in paragraph 1, which shall be limited to aspects relating to the management and protection of the public maritime domain based on the exercise of their own powers, shall be issued by the Ministry of Agriculture, Food and the Environment, in the form and time limit set out in the corresponding articles of this regulation.

In the event that documentation or supplemental information is requested, the computation of those deadlines will be interrupted.

When the report refers to the assumption referred to in point (d) of the previous paragraph, it shall be incorporated as indicated by the General Secretariat of Fisheries in the field of its competence.

3. The report of the Ministry of Agriculture, Food and Environment will be binding in the following aspects:

(a) In the case of points (a) and (d) of paragraph 1, where the report proposes objections based on the exercise of its own powers, as a result of the demanial ownership, such as those aimed at ensure the protection of the integrity of the public domain and its free use, or derived from other sectoral competences of the General Administration of the State.

(b) In the cases referred to in paragraph 1 (b), where the report contains objections determined by the need to preserve the physical integrity of the public domain goods concerned.

(c) In the cases referred to in paragraph 1 (c), where the content of the report relates to the aspects referred to in Article 106.1 of this Regulation.

4. In the case of concessions and authorizations referred to in points (b) and (d) of paragraph 1, where the assumptions provided for in Article 131 of this Regulation are not given, the favourable report of the Ministry of Agriculture, Food and Agriculture Environment will mean the granting of the necessary authorization for the occupation of the maritime-terrestrial public domain.

Article 223. Exercise of powers by the General Administration of the State.

1. The powers conferred on the General Administration of the State by Law 22/1988 of 28 July 1988 and the present Regulation are to be exercised by the holders of the corresponding ministerial departments through the administrative structure. to be determined in their respective organic provisions (Article 113 of Law 22/1988 of 28 July).

2. The functions of the General Administration of the State in the territorial sea, inland waters, economic zone and continental shelf in matters of defense, fishing and marine crops, rescue, fight against pollution, safety of human life in the sea, extractions of remains, protection of the Spanish archaeological heritage, research and exploitation of resources or other not regulated in Law 22/1988, of July 28, and this regulation, will be exercised in the form and by the Departments bodies entrusted with them.

3. The provisions of this Regulation are without prejudice to the provisions of the Regulation of the Law on Zones and Facilities of Interest for National Defense, approved by Royal Decree 689/1978 of 10 February.

The Ministry of Defense is responsible for the authorization of uses and activities in the land of public maritime-terrestrial domain affected by the National Defense, through the aforementioned Department.

The Ministry of Defense will also exercise the surveillance of maritime spaces under the terms of the Organic Law 5/2005 of 17 November, National Defense, and how many other powers over the public domain. Land-maritim-land will attribute the current legislation to it.

4. It is for the Ministry of Public Works to exercise the functions relating to ports of general interest, lighting of coastlines and sea signs, navigation, the fight against pollution and human safety and rescue at sea, as well as the provided for in the eighth additional provision of Law 22/1988 of 28 July 1988 and those for the implementation of international agreements and conventions in these matters.

The use of the public maritime domain for the exploitation of telecommunications services will be governed by its specific legislation, without prejudice to the provisions of Law 22/1988 of 28 July, and in this rules.

5. The public service for the rescue of human life at sea and the fight against pollution of the marine environment will be provided by the General Administration of the State, through the Ministry of Public Works, as well as by the other administrations. competent, in accordance with the principle of coordination, which shall be implemented through the relevant plans and programmes.

CHAPTER II

Competencies of the Autonomous Communities

Article 224. Competencies of the Autonomous Communities.

The autonomous communities will exercise the powers that, in the areas of territorial and coastal management, ports, urban planning, discharges to the sea and other related to the scope of Law 22/1988, of July 28, have attributed under their respective Statutes of Autonomy (Article 114 of Law 22/1988 of 28 July).

CHAPTER III

Municipal Competencies

Article 225. Municipal competencies.

Municipal competencies, in terms of the legislation that the autonomous communities dictate, may include the following:

a) Inform the deslindes of the maritime-terrestrial public domain.

b) Report requests for reservations, subscriptions, authorizations and concessions for the occupation and use of public maritime-terrestrial domain.

(c) Explain, where appropriate, seasonal services that may be established on the beaches by any of the forms of direct or indirect management provided for in the local legislation.

d) Keep beaches and public bathing places in the proper conditions of cleanliness, hygiene and sanitation, as well as monitor compliance with the rules and instructions issued by the General Administration of the State. rescue and safety of human life (Article 115 of Law 22/1988 of 28 July).

CHAPTER IV

Interadministrative relationships

Article 226. Duties of mutual information, coordination and respect among public administrations.

1. Public administrations whose powers have an impact on the space field referred to in Law 22/1988 of 28 July, will adjust their mutual relations to the duties of mutual information, collaboration, coordination and respect for those (Article 116 of Law 22/1988 of 28 July 1988).

2. For these purposes, the granting of all kinds of administrative titles by the General Administration of the State, Autonomous Communities and Ayudos on the maritime-terrestrial public domain and its servitude zones will be notified by the Administration to the other Administrations.

3. The notification shall be made within 10 days. When it comes from a Town Hall and is received by the Ministry of Agriculture, Food and Environment, it will be carried out through the Peripheral Coast Service.

Article 227. Processing of territorial and urban planning to order the coastline.

1. In the processing of any territorial and urban planning that orders the littoral, the competent authority, for initial approval, must submit, before such approval, the content of the project corresponding to the administration State General to issue, within one month, a comprehensive report of any suggestions and observations it deems appropriate.

2. After completion of the processing of the plan or rules concerned, and immediately before the final approval, the competent administration shall transfer to the General Administration of the State the content of the plan so that within two months it shall be I gave a statement. If the report is not favourable in terms of its competence, a period of consultation shall be opened in order to reach an agreement. If, as a result of this agreement, the content of the plan or rules is substantially modified, it must be submitted again to public information and to the hearing of the bodies which have been required to act in the preparation (Article 117.1). 2 of Law 22/1988, of July 28).

3. Compliance with the procedures referred to in the previous paragraph shall interrupt the calculation of the time-limits for the approval of any instrument of territorial or urban planning, which are laid down in urban legislation.

4. The reports referred to in paragraphs 1 and 2 shall be dealt with as follows:

(a) The documentation must be sent, in any case, to the Peripheral Coast Service of the Ministry of Agriculture, Food and Environment, specifying the stage of the procedure in which the file is located. A complete copy of the duly completed report shall be sent to the territorial and urban planning instrument.

In the corresponding planes, the lines of the sea shore, the linchlines of the maritime-terrestrial public domain, the servitude of protection, the traffic servitude, the zone of influence and the easement of access to the sea, as defined in accordance with Law 22/1988 of 28 July.

In the event that the above conditions are not met, the body issuing the report will communicate it to the sender, not starting the computation of the deadline for its issuance until the documentation is submitted in form.

(b) The Peripheral Coast Service shall issue the report in the case of Detail Studies, Urban Soil Delimitation Projects, or other instruments of similar content.

(c) In all other cases, the Peripheral Coast Service shall raise the file to the Ministry of Agriculture, Food and Environment for the provision of the mandatory report.

CHAPTER V

Impeachment of acts and agreements

Article 228. Challenge of acts and agreements that infringe Law 22/1988 of 28 July, its regulation and other rules adopted in accordance with it.

1. Acts and agreements which infringe Law 22/1988 of 28 July, this Regulation or the rules adopted under it, are declared to be contrary to the general interest and may be directly challenged by the General Administration of the State, The Court of Justice of the European Communities, acting on behalf of the Court of Justice, The Court shall rule on that suspension in the first procedure following the request of the Court.

2. Without prejudice to the provisions of the previous paragraph, and in accordance with the procedure laid down in Article 67 of Law 7/1985 of 2 April, the Government Delegate, at the request of the Minister for Agriculture, Food and the Environment, may suspend the acts and agreements adopted by local authorities which affect the integrity of the maritime-terrestrial public domain or the protection of protection which constitute a manifest infringement of the provisions of Article 25 of the Law 22/1988 of 28 July 1988 (Article 119 of Law 22/1988 of 28 July 1988).

Additional disposition first. Development of the third additional provision of Law 22/1988, of July 28.

1. For the purposes of expropriation, the grounds of private property referred to in the second transitional provision of Law No 22/1988 of 28 July 1988 and those in the area of protection of protection which are not subject to the protection of the estimated to be necessary for the defense and use of the public maritime-terrestrial domain.

2. The justication of the expropriations carried out under the provisions of the previous paragraph shall be determined exclusively by application of the assessment criteria laid down in the legislation on State soil.

3. The General Administration of the State shall have the right to withdraw and retract the goods referred to in paragraph 1 for the consideration of the goods referred to in paragraph 1, for which it shall be notified in writing. The right of entry may be exercised within a period of three months and that of retraction within one year, both of which shall be counted from the relevant notification, which shall include the essential conditions of the transmission (additional provision of the Law). 22/1988, of July 28).

4. For the exercise of the right of tanteo established in the previous paragraph, the Ministry of Agriculture, Food and Environment shall make public in the Official Gazette of the province and shall also notify the Land Registry of the areas in the owners of land must notify the Peripheral Service of Costs of their purpose to dispose of them, a notification which must include the price and form of payment provided for. The Service shall be submitted to the Ministry of Agriculture, Food and the Environment for a reasoned proposal and the resolution shall be adopted within the prescribed period.

5. For these purposes, the Registrar of the Property after presenting the title and the transfer shall notify the Peripheral Coast Service of the conditions under which the disposal and the name of the acquirer have been carried out. The Service will bring the Ministry of Agriculture, Food and Environment to the proposed resolution.

Additional provision second. Development of paragraph 1 of the additional provision of Law 22/1988 of 28 July 1988.

1. Marine-terrestrial urbanizations are the residential nuclei on land with a navigable road system, constructed from the artificial inundation of private land (additional provision tenth, 1 of Law 22/1988, of 28 of (July).

2. The road system must consist of a main channel and a series of at least six secondary channels. For these purposes, it shall be considered as a channel when access to individual or collective nautical parking lots of the same urbanization.

3. Marine-terrestrial urbanizations shall have an instrument of territorial or urban planning that meets the requirements that, in matters of public maritime-terrestrial domain, are established in this provision and in its rules of development (additional provision tenth, 2, of Law 22/1988, of 28 July).

4. The realization of the works to construct the navigable canals of the marine-terrestrial urbanization that give rise to the invasion by the sea or the waters of the rivers, to where the effect of the tides is made sensitive, of lands that before such works are not of public maritime-terrestrial domain, nor are they affected by the protection easement, they shall have the following effects:

a) The flooded land will be incorporated into the maritime-terrestrial public domain. However, the land of private property adjacent to the dwelling and retranqueed in respect of the navigable canal that are destined for private and individual nautical parking shall not be included in the public domain. The land of private ownership adjoining the waterway and flooded as a result of excavations, which are destined for collective and private nautical parking, will also not be incorporated into the public maritime domain.

b) The pre-existing protection easement to the works will remain in force. No new protection or transit servitude will be generated around flooded spaces.

(c) The territorial or urban planning instrument shall ensure through road traffic and access to the channels in the form set out in the following paragraph (additional provision, tenth, 3rd, of the Law). 22/1988, of July 28).

5. The territorial or urban planning instrument shall ensure the existence of:

a) Public access to the channels at least every 100 metres, with a minimum width of 3 metres.

b) Pedestrian and rolled traffic, parallel to the channel, in a width not less than 3 metres adjacent to the water sheet.

6. The owners of the houses adjacent to the waterways will have a right of use of the moorings located in front of the houses. This right is linked to the property of the dwelling and it will only be transmitted next to it (additional provision tenth, 4, of Law 22/1988, of July 28).

7. Works for the construction of inland waterways and nautical parking lots as referred to in paragraph 3 (a) shall specify the corresponding administrative title for their implementation and shall in no case affect tranches of coastline which constitute a beach or protected spaces, in accordance with the provisions of this Regulation (additional provision, 10th, 5, of Law 22/1988 of 28 July).

8. The projects of maritime land-planning shall be fully applicable to the projects set out in Articles 85 et seq. of this Regulation.

9. In the existing maritime-land development plans for the entry into force of Law 22/1988 of 28 July, the following shall be taken into account:

(a) For the purposes of the application of the provisions for individual or collective nautical parking lots in paragraph 4 (a), the owner of the adjacent owner must prove the existence of a title of ownership, duly registered in the Land Registry, at the entry into force of Law 22/1988, of July 28.

(b) The existence of the administrative title necessary in accordance with the legislation of ports and coasts shall be presumed, for the purposes referred to in paragraph 4 (a), unless proof to the contrary, for existing buildings to the the entry into force of this Regulation.

(c) The distances set out in paragraph 5 for public access and transit may be varied in those cases where the requirement for these distances would add to a division of the built-up urban estates.

Additional provision third. Development of the 11th additional provision of Law 22/1988 of 28 July.

1. Immovable property declared to be of cultural interest located in public-land-land public domain will be subject to the concession scheme provided for in Law 22/1988 of 28 July, to which the General Administration of the State will grant the a corresponding concession, upon request, within one year from the date of the declaration of cultural interest.

2. The goods referred to in the preceding paragraph which are situated in the public maritime domain, the transit easement zone, the protection or influence easement zone, shall be applied to the measures derived from that (a) a system of preference to those contained in this Law, without prejudice to the provisions of the transitional provision tercery.3 3rd of Law 22/1988, of July 28.

3. The obligations which cultural or artistic heritage legislation imposes on the owners or holders of the goods referred to in paragraph 1 shall be fulfilled by the concessionaire and shall be taken by the relevant title of the occupation.

In the absence of a concessionaire, it shall be the sponsoring Administration of the declaration that is responsible for fulfilling the obligations referred to in the preceding paragraph.

4. The grant to be granted shall cover the uses and works which are compatible with the declaration granting cultural or historical protection to the good, except that they affect the integrity of the public maritime-terrestrial domain, or the easement In the case of transit, in which case they may be limited by the Ministry of Agriculture, Food and the Environment in the concessional title.

5. The competent authority in the field of cultural heritage shall notify the Peripheral Coast Service of the opening of the declaration of good of cultural interest to those located in the public maritime-land domain. It shall also inform you of changes to its protection regime.

6. In the event that the bad condition of the property may cause damage or affect the integrity of the public maritime-terrestrial domain or the transit easement, the General Direction of Sustainability of the Coast and the Sea may adopt urgently the measures necessary to prevent them, by bringing them to the attention of the competent authority in matters of cultural heritage, without prejudice to the liability of the holder of the concession.

7. In the event that the declaration of good cultural interest is left without effect, the General Administration of the State shall immediately take possession of the good, to which the general regime provided for in Law 22/1988, of 28 July, shall apply.

Additional provision fourth. Development of the second provision of Law 2/2013, of 29 May.

The review of the land-land area deslindes affected by the approval of Law 2/2013 of 29 May will be carried out in accordance with the criteria set out in Article 27 of the rules.

Additional provision fifth. Development of the third additional provision of Law 2/2013 of 29 May.

1. The external line of the sea walks constructed by the General Administration of the State or by other Public Administrations with the authorization of that, during the period from the entry into force of Law 22/1988, of 28 of July, and the entry into force of Law 2/2013, of 29 May, will be understood to be all effects as an interior line of the bank of the sea. The General Administration of the State may not affect the land situated within the sea, in accordance with the provisions of Article 18 of Law 22/1988 of 28 July, and in the 38th of this Regulation.

2. For the purposes of this provision, no sea walks shall be considered as those facilities which have not been altered by the terrain which serves as a support such as walkways or wooden paths supported on the ground or on piles (additional provision third of law 2/2013, of 29 May).

3. In all these cases it will not be necessary to process a new file of dislinde, but one of rectification of the existing one, with public information, reports of the Autonomous Community and the City Council affected, and audience to the interested ones.

Additional provision sixth. Development of the fourth additional provision of Law 2/2013 of 29 May.

1. Exceptionally, and due to the special geomorphological configuration of the island of Formentera, it will be understood that it is included in the public maritime-terrestrial domain:

a) The space of territory that bathes the sea in its ebb and flow, where the tides are sensitive, and the greatest waves in the ordinary temporary ones where they are not. For these purposes, it is understood that they are ordinary temporary ones that have been repeated, at least, three times in the five years immediately preceding the moment when the deslinde is started.

(b) The beaches, such as sea riparries or rias formed by sandy or stony on almost flat surface, with zero or low vegetation and characteristic.

2. Within two years of the date of entry into force of the said law, the General Administration of the State shall practice the appropriate dislinde, in accordance with the provisions of the previous paragraph.

3. For buildings and installations located in the area of transit or protection, the provisions of the fourth transitional provision of Law 22/1988, of 28 July, shall apply to them.

The protection servitude shall have an extension of one hundred meters of land within the boundary of the sea side, without prejudice to the third paragraph of the third paragraph of Law 22/1988, of 28 July.

4. Those persons who own, with a registered title in the Land Registry before the entry into force of Law 22/1988, of July 28, of land which after the deslination provided for in paragraph 2 of this provision cease to form part of the public domain, will be reintegrated into the domain of those goods (additional provision fourth of Law 2/2013, of 29 May).

The provisions of the preceding paragraph shall give rise to the re-registration in the Land Registry of those lands, which shall be reintegrated in the name of the persons who appear as holders in the last registration of the domain. prior to their affectation to the public domain or to the registration in favor of their successors, being the title of the certification of the firm resolution that agrees to the drawback of the said goods, which must be described according to the provided in the mortgage legislation and identified by a cadastral plane that determines its relationship with regard to the protection and transit easements. The registration in favour of the successors in title of the registrant requires that they prove to the Registrar their respective title of acquisition, and, where appropriate, that the following will be resumed after the interrupted successive tract, either by means of the registration of the intermediate titles, either by the corresponding domain file.

In the event that the domain of the registrants referred to in the first paragraph of this provision was affected by charges or rights entered at the time of the entry into force of Law 22/1988, of July 28, the reregistration of the latter, if any, will require the agreement of the respective current holders of the domain and of such charges or rights or, failing that, the timely judicial resolution.

5. The remainder of the land which is not in the case provided for in the fourth paragraph of this provision and which has been left out of the disorder provided for therein shall maintain the consideration of assets owned by the General Administration. of the State and shall be deemed to be affected by the use of the public-land-land public domain in accordance with Article 17 of Law 22/1988 of 28 July, without prejudice to the fact that it may subsequently be disaffected, in accordance with Article 18 of the the same law and 38 of this regulation.

Additional provision seventh. Development of the fifth and sixth additional provisions of Law 2/2013 of 29 May.

The provisions of the fifth and sixth additional provisions of Law 2/2013 of 29 May, will give rise to the registration in the Land Registry of the land to be reintegrated in the name of the persons who appear as holders in the last registration of the domain prior to their affectation to the public domain, or to the registration in favor of their successors in title the certification of the firm resolution that agrees the recovery of the said goods, which must be described in accordance with the provisions of the mortgage legislation and identified by means of a cadastral plane that determines its relationship with the protection and transit easements. The registration in favour of the successors in title of the registrant requires that they accredit to the registrar their respective title of acquisition, and, where appropriate, that the following shall be resumed after the interrupted successive tract, either by means of the registration of the intermediate titles, either by the registration of the intermediate titles or by the corresponding domain file.

In the event that the domain of the registrants referred to in the first paragraph of this provision was affected by charges or rights entered at the time of the entry into force of Law 22/1988 of July 28, the reregistration of the latter, if any, will require the agreement of the respective current holders of the domain and of such charges or rights or, failing that, the timely judicial resolution.

The remainder of the land that was not in the case provided for in the first paragraph of the fifth and sixth provisions of Law 2/2013 of 29 May, and would have been outside the deslinde provided for therein, will maintain the consideration of assets owned by the General Administration of the State and shall be understood to be affected by the use of the public maritime-land domain in accordance with Article 17 of Law 22/1988 of 28 July, without prejudice to may be disaffected in accordance with Article 18 of the same law and 38 of the rules.

Additional disposition octave. Regime of concessions or authorizations granted by the autonomous communities in the ports and state port facilities that were transferred to them.

The concessions or authorizations granted by the autonomous communities in the ports and state port facilities that were transferred to them and are expressly related in the corresponding royal decrees of Transfers in the field of ports shall not bear the occupation fee in favour of the General Administration of the State referred to in Article 106.4 of this Regulation.

Additional provision ninth. Concept of interested party in accordance with Law 27/2006 of July 18.

They will have the consideration of interested parties, when they are in any of the procedures that affect the environment, regulated in this regulation, the organizations legitimized under article 2.2 of Law 27/2006, of 18 of July, regulating the rights of access to information, public participation and access to justice in the field of the environment.

Additional provision 10th. Competence of Government Delegates in the Cities of Ceuta and Melilla.

The references made in the Regulation to the peripheral services of Costas shall be construed as references to the Government Delegates in the cities of Ceuta and Melilla, in accordance with the provisions of Article 11.3 of the Royal Treaty. Decree 1330/1997 of 1 August, integration of peripheral services and the structure of government delegations.

First transient disposition. Development of paragraph 1 of the first transitional provision of Law 22/1988 of 28 July.

1. By virtue of Article 132.2 of the Constitution, the holders of spaces in the land-land, beach and territorial sea area which would have been declared of particular property by a final court judgment prior to entry into Law 22/1988, of 28 July, will become the holders of a right of occupation and use of the public maritime-terrestrial domain, to which effect they will have to request the corresponding concession within one year from the date of the mentioned date. The concession shall be granted for 30 years, which may be extended for a further 30 years, in compliance with the existing uses and uses, without obligation to pay royalties, and shall be entered in the register referred to in Articles 37.3 of Law 22/1988, 28 of July, and 80.1 of this regulation (transitional provision first. 1 of Law 22/1988, of July 28).

2. After the period provided for in the previous paragraph without the request for the concession, the Ministry of Agriculture, Food and the Environment shall grant the same ex officio, unless the person concerned expressly disclaims. The time limit for the concession shall be 29 July 1989.

3. The concession will be granted in accordance with the provisions of Law 22/1988 of 28 July, although limited to the uses and uses existing at the entry into force of the same, leaving the rest of the area of former private property subject to the general regime for the use of maritime-terrestrial public domain. The extension for a new period of 30 years shall be requested by the person concerned within six months of the expiry and shall be granted unless, through the procedure laid down for that purpose, the expiry of the concession.

4. The former owner shall have a preferential right, for a period of 60 years, to obtain concessions for new uses or uses which may be granted on the entire surface of former private property. These concessions will be fully in line with the provisions of Law 22/1988 of 28 July and in this Regulation, including the limitation of the time limit and the obligation to pay royalties.

Second transient disposition. Development of paragraph 2 of the first transitional provision of Law 22/1988 of 28 July.

1. The owners of land in the land-land area or beach that have not been able to be occupied by the Administration when practicing an unlinde prior to the entry into force of Law 22/1988, of July 28, to be registered in the Register of the Property and protected by article 34 of the Mortgage Law, they will become the holders of a right of occupation and use of the public maritime-terrestrial domain for thirty years, respecting the existing uses and uses, to which they must apply for the relevant concession.

However, if the land is destined for installations and industries falling within the scope of Law 16/2002 of 1 July, the concession will be granted after the environmental body of the community has been informed. self-contained in which you radiating the occupation. The report shall determine the effects of the occupation on the environment and shall, where appropriate, include the conditions to be met by the grant to ensure adequate protection of the environment. This report will be of decisive importance. If the General Administration of the State deviates from its content, it shall give reasons for the general interest for which it does so in the decision granting or refusing to grant it.

The provisions of the above paragraph are to be understood exclusively in relation to the procedure for granting occupation of maritime-terrestrial public domain and without prejudice to the enforceability of having the environmental authorization (a) integrated regional competence or compliance with the remaining environmental authorisations or requirements that are applicable.

If the report of the autonomic environmental body is not issued within three months, it will proceed according to the provisions of article 83.4 of Law 30/1992, of November 26. The request for the report shall result in the suspension of the time limit for the resolution and notification of the decision, as provided for in Article 42.5 (c) of that law.

All this is without prejudice to the civil actions that those may exercise in defense of their rights.

2. If the registration of the last holder of the land cannot be practiced for affectation of the estate to the public maritime-terrestrial domain, and thus is credited for certification of the Land Registry, it will not be an obstacle for the processing of the concession provided that the owners of the grounds justify the possession of the land by means of a public deed attesting to the status of heir, legior or any other transmission of rights.

3. In the event that the grant, subject to the general scheme established for the use of the public domain, had not been requested within one year of the entry into force of Law 22/1988 of 28 July 1988, it will be granted ex officio the Ministry of Agriculture, Food and the Environment, except express resignation of the person concerned. The time limit for the concession granted shall be from 29 July 1989 and shall cover exclusively the uses and uses existing for the entry into force of Law 22/1988 of 28 July 1989.

4. The situations which, where appropriate, are incompatible with Law 22/1988 of 28 July, shall be in accordance with the provisions of the fourth transitional provision of the same and fourteenth of this Regulation.

Transitional provision third. Development of paragraph 3 of the first transitional provision of Law 22/1988 of 28 July.

1. In the tranches of coast in which the public land-maritime domain is not dislocated or partially due to the entry into force of Law 22/1988, of July 28, the corresponding deslinde will be carried out, whose approval will take the effects provided for in Article 13 of that law for all land which is included in the public domain, even if they have been occupied by works, but the holders of land covered by Article 34 of the Law Mortgages, which are included in the practice, will become the holders of a right of occupation and use of the public maritime-land domain in the terms provided for in the second paragraph of the first transitional provision of Law 22/1988, of 28 July, and the second transitional provision of this regulation (provision First. 3 of Law 22/1988, of July 28).

The holders referred to in this paragraph shall also have a preferential right, for a period of ten years, to obtain the concessions for new uses or uses which may be granted on the whole of the the area covered by the registration covered by Article 34 of the Mortgage Law. These concessions will be fully in line with the provisions of Law 22/1988 of 28 July and in this Regulation, including the limitation of the time limit and the obligation to pay royalties.

2. The deslinde shall be considered partial where all the goods classified as public domain under Law 28/1969 of 26 April on Costs have not been included in it.

3. The previous registrants of those lands which, if they had been practiced by the Administration under Law 28/1969, of April 26, would have been excluded from the public domain of maritime-terrestrial, they will have a the right of occupation and use of the public maritime-terrestrial domain, in compliance with the uses and uses existing at the time of the approval of the deslinde, in the terms provided for in the fourth paragraph of the transitional provision First of Law 22/1988, of July 28.

4. Those land holders who, after taking legal action, have been recognised, by means of a firm court judgment, their ownership prior to the approval of the statement which includes them in the public maritime domain, will obtain the the rights set out in the fourth paragraph of the first transitional provision of Law 22/1988 of 28 July 1988 as regards the period of the concession, the exemption from the licence fee and the preferential right. In the same situation, the holders of land will be found which, having registered registration prior to the entry into force of the Law of Ports of 1880, credit the existence of the uninterrupted register since then.

5. The application for a concession shall be made within one year from the date of approval of the relevant deslinde. In this case, the time limit for the concession granted shall be calculated from the date of its award. Otherwise, the computation of this term will start from the deslinde approval date.

6. Illegal works and installations shall be subject to the provisions of the fourth transitional provision. 1 of Law 22/1988, of 28 July, and 13th of this Regulation. Those constructed in breach of the provisions of the second transitional provision of the Coasts Regulation, approved by Royal Decree 1088/1980 of 23 May 1980, shall be deemed to be unlawful.

7. Works and installations which are legally constructed or which can be built in the public domain and in the protection of the protection zone, which are contrary to the provisions of Law 22/1988 of 28 July 1988, shall be subject to the rules laid down in each the case corresponds in accordance with the provisions of the fourth transitional provision. 2 of that law and fourteenth of this regulation.

Transitional disposition fourth. Development of paragraph 4 of the first transitional provision of Law 22/1988 of 28 July.

1. In the tranches of coast in which the deslinde of the maritime-terrestrial public domain is completed at the entry into force of Law 22/1988, of July 28, but a new one must be practiced in order to adapt it to the characteristics established in that for the different goods, the land which is between the old and the new delimitation will be subject to the regime established in the first transitional provision of this regulation, with the deadline of one year for the application of the the grant to which it refers, from the date of approval of the relevant deslinde (transitional arrangement first. 4 of Law 22/1988, of July 28).

2. After that period of time without the application of the concession, the Ministry of Agriculture, Food and the Environment shall, subject to the offer of conditions, be granted ex officio, unless the person concerned expressly disclaims, taking into account the period of the granted from the date of approval of the deslinde. If the grant application has been made within one year from the date of approval of the dislinde, the time limit for the concession shall be calculated from the date of its award.

3. The concession shall be granted in compliance with the uses and the existing use at the time of the approval of the deslinde, with the rest of the area of former private property subject to the general system of use of the public domain. Land-maritim- The extension for a new period of 30 years shall be requested by the person concerned within six months of the expiry and shall be granted unless, through the procedure laid down for that purpose, the expiry of the concession

4. The former owner shall have a preferential right, for a period of 60 years, to obtain concessions for new uses or uses which may be granted on the whole of the area of former private property, in the terms set out in paragraph 4 of the first transitional provision of this Regulation.

Transient disposition fifth. Development of paragraph 5 of the first transitional provision of Law 22/1988 of 28 July.

1. By way of derogation from the foregoing provisions, if the grounds to which they relate have been artificially and controllably flooded as a result of works or installations carried out for that purpose and are intended for marine cultivation or sea salt, shall be excluded from the public maritime-terrestrial domain, even if they are naturally inundating at present as a result of the works carried out.

These grounds shall apply to the scheme provided for in Law 22/1988 of 28 July for the area of protection servitude.

2. The interested parties must prove that:

(a) The flooded land was privately owned before July 29, 1988, by registration.

(b) The existence of the activities referred to in the preceding paragraph before 29 July 1988, by means of the title or certification of the competent body which proves the legality of such a circumstance.

3. This exclusion shall not apply where the works and installations carried out to flood the land have been made in breach of the rules in force at that time and shall consist of the General Administration of the State.

4. The exclusion of such land from the public maritime-land domain shall have an effect from the review of the relevant deslindes, in accordance with the provisions of the fifth additional provision of Law 2/2013 of 29 May.

5. In the event that the exclusion of the goods from the maritime-terrestrial public domain does not apply, the holders of the concessions in force may request the extension of the concessions in accordance with Article 2 of Law 2/2013 of 29 May.

Transitional disposition sixth. Development of paragraph 1 of the second transitional provision of Law 22/1988 of 28 July.

1. The remaining and unaffected areas of the maritime public domain, as provided for in Article 5.2 of the Law of the Coast of 26 April 1969, which have not been disposed of or recovered by their former owners at the time of entry into force of the Law 22/1988, of July 28, and those of the State Heritage in which the circumstances provided for in Articles 17 of the same and 37 of this regulation are present, will be affected to the public maritime-terrestrial domain, in accordance with the (i) the following articles, once the release of the dislinde is carried out, not being able, in the meantime, be assigned or affected to other purposes of use or public service (transitional provision second. 1 of Law 22/1988, of July 28).

2. The approval of the affectation file will imply the update of the unlinde, without the need to process a new file.

Transitional disposition seventh. Development of paragraphs 2 and 3 of the second transitional provision of Law 22/1988 of 28 July 1988.

1. The land earned or to be earned at sea and the desiccated on its bank, by virtue of a concessional clause established prior to the promulgation of Law 22/1988, of 28 July, will be maintained in such a legal situation, even if its Beaches and land-land zone will continue to be in the public domain, in any case. The land gained from the sea and the desiccated on its bank without sufficient administrative title will continue to be in the public domain.

2. The islands of private property prior to the entry into force of Law 22/1988, of July 28, will retain this condition, although its beaches and land-marine zone will remain in public domain in any case (provision Second transient. 2 and 3 of Law 22/1988, of July 28).

3. The provisions of paragraph 1 of this provision are intended solely for concessions in respect of which the concession contract expressly provides for the provision of property on the property of the land concerned. In the case of concessions in perpetuity, the provisions of the transitional provision of this Regulation shall apply.

Transient disposition octave. Development of paragraph 1 of the third transitional provision of Law 22/1988 of 28 July.

1. The provisions of Title II on areas of protection and influence shall apply to land which, at the entry into force of Law 22/1988 of 28 July 1988, is classified as a land which is not scheduled and undeveloped soil. Subsequent revisions of the management which provide for the future development of such land and its consequent change of classification must fully respect those provisions (third transitional provision. 1 of Law 22/1988, of July 28).

2. Transit and access to the sea and other property limitations set out in Chapter III of Title II shall apply, in any case, to any classification of the soil.

3. The provisions of Law 22/1988 of 28 July 1988 and of this Regulation on areas of protection and influence shall apply in full in the municipalities which lack the instruments of management, unless it is established that Date of entry into force of the said law the grounds met the requirements required by the urban legislation for classification as urban land.

transient disposition ninth. Development of paragraph 2 of the third transitional provision of Law 22/1988 of 28 July.

1. In the areas which, at the entry into force of Law 22/1988, of July 28, are classified as land-planning land programmed or suitable for urbanization, the urban development that they have attributed will be maintained, following rules:

(a) If they do not have a partial plan approved definitively, this plan must be fully respected and in the terms of the transitional provision prior to the provisions of Law 22/1988 of 28 July, provided that it does not place for compensation in accordance with urban legislation.

(b) If the partial plan is definitively approved, the determinations of the respective plan shall be implemented, subject to the provisions of the transitional provision of this Regulation, paragraph 1, of this Regulation for urban land. However, the partial plans definitively approved after 1 January 1988 and before the entry into force of Law 22/1988 of 28 July 1988, which are contrary to the provisions of the Law, must be revised in order to adapt them to the its provisions, provided that it does not give rise to compensation in accordance with urban legislation. The same rule shall apply to partial plans whose implementation would not have been carried out within the time limit laid down for reasons not attributable to the Administration, irrespective of the date of their final approval (third transitional provision). 2 of Law 22/1988, of July 28).

2. For the purposes of the above paragraph, only reductions or reductions in urban development which, resulting from the strict application of Law 22/1988 of 28 July, would be taken into account would be taken into account. modification of the existing planning compensation, in accordance with the urban legislation. As a result, the compensation which, if any, may be payable for the costs incurred in the drafting of plans or projects, issuing of licences or other derivatives of compliance with the law, shall not be an obstacle to the application of that law. obligations imposed by the rules in force.

3. For the same purposes, the application of the provisions of Law 22/1988 of 28 July may be made in a gradual manner, so that, in the circumstances of the case, the width of the protection zone, even if less than one hundred metres, is the maximum possible, in respect of the urban development attributed by the planning.

4. The revision of the partial plans, the implementation of which will not be carried out for reasons not attributable to the administration, will relate both to those definitively approved before the entry into force of Law 22/1988 of 28 July, and to the which are subsequently.

5. The review of the planning, in terms of compliance with this provision, shall comply with the following rules:

(a) The competent urban administration, on its own initiative or at the request of the Peripheral Coast Service or the promoter of the plan, shall determine, in a reasoned manner and taking into account, in any event, the criteria of paragraph 3, if the review is possible without giving rise to compensation.

(b) If the impossibility is determined, the appropriate resolution shall terminate the procedure. In another case, the processing will continue according to the urban legislation.

6. The provisions of the above paragraphs are without prejudice to the possibility that the planning authorities may agree to revise or amend the planning exercise of their respective powers, even if it is given compensation.

Transient disposition tenth. Development of paragraph 3 of the third transitional provision of Law 22/1988 of 28 July.

1. The land classified as urban land at the entry into force of Law 22/1988 of 28 July, will be subject to the easements established in it, with the exception that the width of the servitude of protection will be twenty meters. However, the existing uses and constructions, as well as the authorisations already granted, will be respected in the terms provided for in the transitional provision fourth of Law 22/1988 of 28 July, and concordant with this regulation. In addition, new uses and constructions may be authorised in accordance with the existing planning plans, provided that the effectiveness of the easement is ensured and the maritime-terrestrial public domain is not harmed, as established in the (b) The marking of alignments and scrapes, the adaptation or readjustment of the existing ones, the management of the volumes and the development of the road network, will be carried out by means of detailed studies and other appropriate urban instruments, which they must comply with the provisions of Law 22/1988 of 28 July 1988 and the determinations of the rules to be adopted in accordance with it.

2. The urban rules may authorize the change of use of existing buildings to the entry into force Law 22/1988 of 28 July, even if they do not meet the conditions laid down in article 25.2 of the Law, provided that the effectiveness is guaranteed of the serfdom and not prejudice the public maritime-terrestrial domain.

3. For the authorisation of new uses and constructions, in accordance with the management instruments in the terms of the previous paragraph, the following rules shall apply:

1. In the case of uses and constructions not prohibited in Article 25 of Law 22/1988 of 28 July 1988, and meeting the requirements laid down in paragraph 2 of that Law, the general arrangements laid down and the conditions laid down in Article 25 (2) thereof shall be met. determinations of urban planning.

2. In the case of buildings intended for residence or room, or of those other than, for not complying with the conditions laid down in Article 25. 2 of the Law, cannot be authorized on an ordinary basis, only authorizations may be granted exceptionally, after approval of the General Plan of Management, Subsidiaries or other specific urban instrument, in which the contains an express justification for the fulfilment of each and every one of the following essential requirements for the said grant:

a) That with the proposed buildings the urban homogenization of the stretch of sea front to which they belong is achieved.

(b) There is a set of buildings, located at a distance of less than 20 metres from the boundary of the sea side, that maintains the alignment pre-established by the urban planning.

c) That in the urban planning of the area the precise conditions of tolerance of the buildings to be carried out are given.

d) That is a closed building, so that both existing buildings, and those that can be authorized, are placed laterally to the adjacent ones.

e) That the alignment of the new buildings is in accordance with the existing ones.

f) That the length of the facades of the solar panels, built or not, on which to act for the achievement of the intended homogeneity, does not exceed 25 percent of the total length of the facade of the corresponding section.

The planning of the urban planning itself will propose the approval of the sections of the sea front whose homogeneous treatment is proposed to be obtained through the building actions for which authorization is sought.

3. In the nuclei which have been the subject of a declaration of a historical whole or of another similar regime of special protection, the measures deriving from that regime shall be applied in preference to those contained in the Law 22/1988, July 28.

3. For the purposes of applying paragraph 1 above, it shall only be considered as an urban land that is expressly established in the order in force on the date of entry into force of Law 22/1988 of 28 June 1988. July, except in the case of urban areas in which the building was consolidated or the grounds for the services required by the urban planning legislation on that date and the competent urban administration would have recognised them expressly that character.

Transient disposition eleventh. Compliance with the rules for the protection of spatial planning and urban planning.

Without prejudice to the provisions of the above provisions, the territorial and urban planning of the existing coastline at the entry into force of Law 22/1988 of 28 July must be in line with the rules to be adopted as provided for in Articles 22 of that Law and Articles 42 and 43 of this Regulation.

Transient Disposition twelfth. Development of paragraphs 5 and 6 of the third transitional provision of Law 22/1988 of 28 July.

1. Currently existing sea-pass easements will be maintained in the terms they were imposed.

2. The existing public access to the sea and those built under urban planning approved prior to the entry into force of Law 22/1988 of 28 July, will remain for public use, opening to the same where they are not (third transitional provision). 5 and 6 of Law 22/1988, of July 28).

3. In the coastal sections where sufficient access is not open to the public to comply with the provisions of Articles 28.2 of Law 22/1988 of 28 July 1988 and 53.2 of this regulation on maximum distances between those Peripheral Coast Services shall proceed to the indication of those who are to serve this purpose. In the case of vials that have not yet been received by the Councils, the Ministry of Agriculture, Food and Environment may assume the burden of conservation of those until such reception takes place. Where there are insufficient vials to make the access effective on the terms set out above, it shall be acted upon as provided for in Articles 28 (3) of Law 22/1988 of 28 July 1988 and 54.1 of this Regulation.

transient disposition thirteenth. Development of paragraph 1 of the fourth transitional provision of Law 22/1988 of 28 July.

1. Works and installations built prior to the entry into force of Law 22/1988 of 28 July, without the authorization or concession required under the legislation of the coast then in force, will be demolished when their legalization for reasons of public interest (transitional provision fourth. 1 of Law 22/1988, of July 28).

2. The procedure for legalisation shall be the same according to the type of authorisation or concession in question, in compliance with existing uses prior to the entry into force of Law 22/1988 of 28 July. The competent authority to resolve in each case shall, in a reasoned manner, assess the reasons for adopting one or the other resolution. For legalisation, which may be total or partial, the reasons of public interest must be assessed by agreement between the three administrations (state, regional and local), to which effect the body responsible for issuing the decision will seek the the report of other administrations, which shall be deemed to be unfavourable to legalisation if it is not issued within one month.

The reasons for public interest may be appreciated when legalization is compatible with the protection of maritime-terrestrial public domain. The works and installations concerned may not be located in a declared part of a serious regression situation and must be established that the demolition of the works and installations would not bring a significant benefit to the use of the public domain. Land-maritim-land

3. In the case of works or installations built without a municipal licence in the range of 20 to 100 metres of the protection zone, the legalisation procedure shall be carried out by the relevant Corporation or authority, in accordance with the provisions of the urban legislation, and shall be initiated on its own initiative or at the request of the competent authority of the Autonomous Community or the Peripheral Coast Service.

Transitional disposition fourteenth. Development of paragraph 2 of the fourth transitional provision of Law 22/1988 of 28 July.

1. In the works and installations legalised as provided for in the previous transitional provision, as well as in those constructed or which may be built under the municipal licence and, where applicable, the authorisation of the administration General of the State granted prior to the entry into force of Law 22/1988, of July 28, for the uses listed in Article 25.1 of Law 22/1988, of July 28, the following rules shall apply:

(a) If they occupy land of public land-maritime domain, they shall be demolished upon the termination of the concession, unless the extension provided for in the second article of Law 2/2013 of 29 May is granted. As long as the concession is in force, its owners may carry out repair, improvement, consolidation and modernization works provided they do not involve an increase in volume, height or surface of existing buildings.

(b) If they are located in the transit easement zone, the owners of the buildings and facilities may carry out the repair, improvement, consolidation and modernization works provided they do not involve an increase in volume, the height and the surface of the existing buildings and without the increase in value which those behaviour can be taken into account for the purposes of expropriation. Such works may not be authorized by the competent urban organ, without prior character, the General Administration of the State issuing a favourable report stating that the transit easement is guaranteed. This report shall be issued within two months of its request. If it is not issued within that period, it shall be deemed to be favourable. This report shall not be required to be issued in the case of works of small repair only involving the change of accessories and those requiring hygiene, ornato and preservation, provided that they do not alter the use to which they are made. they find intended and no relevant increase in the value of the building.

(c) In the remainder of the protection servitude zone and in the terms in which it applies to the different soil classes as laid down in the third transitional provision of Law 22/1988 of 28 July 1988, may be carried out, repair and improvement works, consolidation and modernization, provided that they do not involve an increase in volume, height or surface of the existing constructions and without the increase in value that those behave can be Account for expropriatory effects. In the event of total or partial demolition, the new buildings must comply fully with the provisions of Law 22/1988 of 28 July.

2. For the purposes set out in the second paragraph of the fourth transitional provision of Law 22/1988 of 28 July 1988,

following definitions shall apply:

(a) Works of repair: Interventions which, for the purpose of the preservation and maintenance of the building or construction, entail the replacement or transformation of materials, elements or parts thereof, without altering their structure and volumetry or impact on stability.

b) Works of modernization and improvement: All that, without modifying structural elements, can be carried out in and out of a construction, installation or building and that increase the quality and accessibility of the same.

c) Consolidation works: Works of a structural nature, having as their object the strengthening, strengthening or replacement of damaged elements of the building structure by other equals or of similar characteristics as maintain the stability of the building provided that the building is not in a state of ruin in accordance with the provisions of the urban legislation.

(d) Volume: Space bounded by the exterior parts of a construction, building or installation, whether or not constructed above or below the scraper, and that the interior may be linked to a particular use, or an unusable space.

For these purposes, it will not compute as a volume increase:

1. °) The closures of the front-end parts of terraces and balconies that are not made with opaque or factory elements.

2. °) The installation of awnings on the ground, terraces or facades, when performed by removable light structures and without side enclosures.

3. º) When the need is sufficiently proven, and with the least possible impact:

The execution of works and installations aimed at adapting to the regulations of accessibility, including the installation of new lifts and their booths of operations in the roofs of buildings.

The works and facilities that ensure compliance with the requirements set out in the seismic and fire protection regulations.

The actions necessary for the fulfilment of the basic requirements related to Law 38/1999 of 5 November of Ordination of the Building.

e) Height: Vertical dimension measured from the scratch of each point of the perimeter of the horizontal projection of the constructions, buildings and existing installations up to its highest point, excluding the technical elements of the facilities.

f) Surface: Horizontal projection of each and every plane that constitute the different plants of the constructions, buildings or existing installations on the plot, including the bodies flown, ----------------------------------------------------------------------a- below the scratch.

g) Demolition: Total or partial destruction or disappearance of an existing construction for any cause. The demolition of the elements strictly necessary to perform the actions of repair, improvement, consolidation and modernization will not be considered partial demolition, provided that they are carried out simultaneously in the same project of work.

In any event, a decrease in the volume of the existing buildings, buildings and installations covered by paragraph 2 of the fourth transitional provision of Law 22/1988, of 28 July, is to be produced. The restoration will be counted as a new construction, so it must be in accordance with the provisions of Law 22/1988 of 28 July, and of this regulation.

3. The prohibition on the increase in volume, height and surface of existing buildings, contained in the second paragraph of the fourth transitional provision of Law 22/1988 of 28 July 1988, applies to the whole of the unit (a) building on the building of the building and the construction of the building. Action on one party shall not imply recognition of the legality of the rest of the parcelary unit.

Building unit means the set of architectural, structural and functionally related elements, which form an independent constructive body.

Unit shall be understood to be the farm or land area which constitutes a physical unit and registered as such in the public register.

4. The provisions of paragraph 2 (a) of the second paragraph of the fourth transitional provision of Law 22/1988 of 28 July 1988 shall also apply to concessions granted in compliance with the first transitional provision of Law 22/1988, of 28 July, and those granted before it, in accordance with the procedures laid down in this provision.

Works for improvement, consolidation or modernisation may be required to review the concessional clause, including the licence fee. In order to enable the dealer to know, prior to the execution of the works, that circumstance, he may apply to the Peripheral Service of Costas to report on the scope of the revision or modification of the concessional title, by incorporating the project on the work to be carried out.

5. For the purposes referred to in point (b) of the second paragraph of the fourth transitional provision of Law 22/1988 of 28 July, the transit service shall be deemed to be guaranteed if it is wholly and permanently unoccupied by the At least three metres wide from the shore of the sea, with a free gauge in height of at least 3 metres, in such a way that, in addition to the public pedestrian crossing, the surveillance and rescue vehicles are also guaranteed. In the absence of justified reasons, an alternative location of the serfdom may be permitted, with the same free minimum width above, as close as possible to the sea side, preferably within the protection easement. or from the degraded maritime-terrestrial public domain, but in no case within the sea bank. It shall not be permitted as alternative occupations of the public maritime domain which do not have an enabling title.

6. The Peripheral coast service may request the Registrar of the Property to make a marginal note of the legal status of the buildings concerned in accordance with the provisions laid down in the fourth transitional provision of the Law, referring to this end certification of the final decision determining the legal regime applicable to the affected farm, which must be identified and its owner has been notified in the file.

15th transient disposition. Development of paragraph 3 of the fourth transitional provision of Law 22/1988 of 28 July.

1. The works referred to in the second paragraph of the fourth transitional provision of Law 22/1988 of 28 July 1988, where applicable,

:

a) Suppose an improvement in energy efficiency. To this end, they will have to obtain an end energy rating that will achieve an improvement of two letters or a letter B, which will be accredited by the energy efficiency certification, as provided for in the Royal Decree, 235/2013, 5 April, approving the basic procedure for the certification of energy efficiency of new construction buildings or with important renovations, or what any other standard can set in the future for the certification of existing buildings.

b) To employ the mechanisms, systems, facilities and individual and/or collective equipment that provide effective savings in water consumption. In the event that they affect gardens and green spaces, for irrigation they will encourage the use of marginal water resources, such as regenerated waters or stored rainwater.

They may not be authorized by the competent urban organ without the holders of the concessions having submitted to the General Administration of the State and those of the constructions and facilities, before the organs the competent authorities of the autonomous communities, a responsible declaration in which, in an express and clear manner, they manifest that such works will not entail an increase in the volume, height or surface of existing buildings and which comply with the previously established requirements for energy efficiency and water saving, when they are are applicable. The responsible declaration shall be in accordance with the provisions of Article 71a of Law No 30/1992 of 26 November (transitional provision fourth, 3, of Law 22/1988 of 28 July).

2. For works to be carried out in the field of what is provided for in the fourth transitional provision of the Law, which are located in public maritime-land domain or in the transit easement zone and do not have an impact on the rest of the protection, the Responsible declaration shall be submitted to the Peripheral Coast Service.

3. The responsible statement shall be accompanied by the evidence of the identity of the petitioner and the express declaration that the works to be carried out comply with paragraphs 2 and 3 of the fourth transitional provision of the Law 22/1988, of July 28, and concordant with this regulation.

In the event that the responsible statement is to be filed with the General Administration of the State, if it does not conform to the requirements set forth in this provision or is inaccurate according to the available data, the Service Peripheral of the coast will require the interested party so that within ten days the subsane. After that period, you will be given the withdrawal of your request in accordance with the provisions of Article 71 of Law 30/1992 of 26 November.

4. The responsible declaration shall be valid for the execution of the works indicated during the one year period.

5. In the event that the responsible declaration is to be submitted to the General Administration of the State, it may conform to the standard model which will be available on the website of the Ministry of Agriculture, Food and the Environment, as well as at the headquarters of the corresponding Peripheral Costs Services.

6. Pursuant to Article 116 of Law 22/1988 of 28 July, the Administration receiving the responsible declaration shall forward to the rest of the Administrations a copy thereof, together with the documentation presented and incorporated, into the ten-day period from its receipt.

7. The provisions of this transitional provision and the foregoing provision must be without prejudice to the requirements laid down in the autonomous rules and, in particular, to the additional environmental protection rules resulting from the application.

Transient disposition sixteenth. Regime of the review of concessions granted prior to the entry into force of Law 2/2013 of 29 May.

1. In any event, it shall be considered incompatible with the criteria of occupation of the public domain established by Law 22/1988 of 28 July 1988, the maintenance of concessions in perpetuity, for an indefinite or limited period of time. In any event, the concessions in force before 29 July 1988 shall be deemed to have been granted for a maximum period of 30 years from that date, without prejudice to the possibility of being extended in accordance with Article 2 of Law 2/2013, May 29.

2. In other cases, the revision of the concessional clauses will require the processing of a file with an audience of the interested party and offer of revised conditions adapted to the criteria of Law 22/1988, of 28 July, and of this regulation, formulated by the Ministry of Agriculture, Food and the Environment. If the concessionaire does not accept the new conditions, the total or partial revocation of the concession shall be carried out, the corresponding compensation file being processed in separate part.

3. The Ministry of Agriculture, Food and Environment will decide on the maintenance or revocation of concessions granted in precarious conditions. In the case of a maintenance option, a firm concession must be granted in accordance with the criteria and procedure laid down in Law 22/1988 of 28 July and in this Regulation.

4. The concessions granted for the construction of artificial accesses to islands or islets of private property by means of works of fillers or factory, will be reviewed ex officio by the Ministry of Agriculture, Food and Environment to such access is open to free public use under the same conditions of use as has been established for access to private properties, in such a way as to ensure access to the island's maritime and land-based public domain spaces submitted to the transit easement. This modification of their conditions shall not give rise to compensation.

5. The holders of the creation, regeneration or conditioning of beaches may request the revision of their clauses to include in them the forecast contained in Articles 54 of Law 22/1988, of July 28, and 114 of this regulation.

transient disposition seventeenth. Development of paragraph 1 of the sixth transitional provision of Law 22/1988 of 28 July.

In no case may it be granted an extension of the existing concession period to the entry into force of Law 22/1988 of 28 July 1988, under conditions which are contrary to the provisions of the same or the provisions implementing it. (transitional provision, sixth, 1, of Law 22/1988, of 28 July).

18th transient disposition. Development of paragraph 2 of the sixth transitional provision of Law 22/1988 of 28 July.

Extinguishing the concessions granted prior to Law 22/1988 of 28 July 1988 and which are not contrary to the provisions of Law No 22/1988, the competent administration will decide on the maintenance or lifting of the facilities. In the event that the maintenance is chosen, the provisions of Articles 72.3 of that Law and 150.1 of this Regulation (transitional provision, sixth, 2, of Law 22/1988 of 28 July) will apply.

Nineteenth transient disposition. Development of paragraph 1 of the seventh transitional provision of Law 22/1988 of 28 July.

1. In the case of works, installations or activities in the area of protection in sections of the coast which are not dislocated in accordance with the provisions of Law 22/1988 of 28 July, the autonomous community concerned shall require the authorization to Article 49 of this regulation, to which effect it shall first request the Ministry of Agriculture, Food and the Environment to provide, within one month, the provisional definition of the likely line of dislinde and extension of the servitude zone. However, in the event of a discrepancy, the granting of the authorisation shall be conditional on the prior or simultaneous approval of the deslinde, which shall be processed on a preferential basis.

2. The provisions of the preceding paragraph shall also apply to the assumptions of works and installations in the area of protection of protection subject to the obligation to provide a responsible declaration.

Transient Disposition 20th. Development of paragraph 2 of the seventh transitional provision of Law 22/1988 of 28 July.

1. In cases where the occupation of land of public domain is not yet to be established in accordance with the provisions of Law 22/1988 of 28 July, the petitioner must, at the same time, request the deslinde, at its expense, to grant or authorisation, with both de linde and concession files being processed at the same time. In the case of a grant application, its grant may not be prior to the approval of the deslinde.

Likewise, the works to be carried out by the public administrations will not be able to be executed without the approval of the approved (transitional provision seventh, 2, of Law 22/1988, of July 28).

2. It shall be understood that a stretch of coast is not dislocated in accordance with the provisions of Law 22/1988 of 28 July, when there is no unlinde or not including all the goods belonging to the maritime-terrestrial public domain under that law.

3. The reports of the Ministry of Agriculture, Food and the Environment on plans and regulations for spatial and urban planning, affecting sections of the coast that are not dislocated according to Law 22/1988, of July 28, will be issued in advance. delimitation of the likely line of unlinde by the competent Coast Peripheral Service.

Twenty-first transitional provision. Development of paragraph 3 of the seventh transitional provision of Law 22/1988 of 28 July.

1. Articles 44.5 of Law 22/1988 of 28 July 1988 and 95 of this Regulation shall not apply to areas classified as urban to the enactment of that law, in duly justified cases.

2. The above paragraph shall refer to the already constructed and in-service sea rides and to those which are under construction in accordance with the urban planning. In other cases, the justification for the derogation shall be made in the relevant planning instrument or in its modification or revision.

Transitional provision twenty-second. Development of the first transitional provision of Law 2/2013 of 29 May on the protection and sustainable use of the coast and amending Law 22/1988 of 28 July on costs.

1. Within two years of the entry into force of Law 2/2013 of 29 May, of protection and sustainable use of the coast and of amendment of Law 22/1988 of 28 July, of costs, the scheme provided for in the provision may be called Third, paragraph 3, of Law 22/1988 of 28 July, applies equally to the nuclei or areas which, upon entry into force, were not classified as urban land but which, at that time, were to meet one of the following: requirements:

(a) In municipalities with planning, land that, or have access to, water, water supply, waste water evacuation and electricity supply and are consolidated by the building in at least a third of its surface, or, lacking any of the above requirements, are included in areas consolidated by building at least two-thirds of its surface, in accordance with the management of the application.

(b) In municipalities without planning, land which, or has access to, water, water supply, waste water disposal and electricity supply and are consolidated by the building in at least one third of its surface, or, lacking any of the above requirements, are included in areas consolidated by the building at least in half of its surface (transitional arrangement first. 1 of Law 2/2013, of 29 May).

2. The application referred to in the above paragraph shall be submitted by the Urban Administration competent for the delimitation of the core or area.

3. This provision shall apply to the nuclei or areas defined by the existing planning and, failing this, shall be defined by the competent urban administration, in both cases after favourable report by the Ministry of Agriculture, Food and the Environment that will have to decide on the delimitation and compatibility of such nuclei or areas with the integrity and defense of the marine-terrestrial public domain. This report shall be issued within eighteen months of the date of application of the application by the Urban Administration. In case it is not issued within this period, it will be understood to be favourable (first transitional provision, 2 of Law 2/2013, of 29 May).

4. The report referred to in the first transitional provision, 3, of Law 2/2013 of 29 May, shall be issued within 18 months of the request. In case it is not issued within that period it shall be understood to be favourable.

5. For the cores or areas already defined by the urban planning, which for these purposes will be considered the approved before the entry into force of law 2/2013, of May 29, the plans of the approved planning must be provided has delimited the corresponding cores, contributing a certified copy of the original plans.

For municipalities that do not have planning, the cores or areas must be demarcated by means of sufficient technical documentation to define the outer delimitation of the core or area, its age and the characteristics that justify such a delimitation.

6. In order to prove that the grounds provided for the consolidation or services required under the first paragraph of this provision, the following documentation shall be submitted at least:

a) Descriptive and supporting memory, which must contain at least the following:

1. º) Description and justification for the delimitation of the core or area, indicating the date and the urban planning instrument in which the core or area was delimited.

2. º) Total area of the area and classification of the land included in the delimitation of the core in the planning in force at the entry into force of Law 22/1988, of July 28, and the entry into force of Law 2/2013, of 29 May.

3. º) Number of buildable and constructed plots, number of buildings built for housing and their typology and number of dwellings, dated July 29, 1988.

4. °) Maximum and minimum area of parcel, of the core object of modification, according to the planning in force at the entry into force of Law 22/1988, of July 28.

5. º) Justification of the degree of consolidation of the core or area to the entry into force of Law 22/1988, of July 28, according to the criteria laid down in the first transitional provision of Law 2/2013, of May 29. In order to obtain the calculation of the degree of consolidation, the sum of the areas of the parcels consolidated by the building in 1988, with the total area of the area, after discounting the existing roads and green areas, must be put in relation on that date.

6. º) Justification of the degree of execution of the services required in the first transitional provision of Law 2/2013, of May 29.

b) Graphic documentation, which must consist of:

1.) The status and location of the core or area within the municipality.

2. º) Planes at scale not less than 1/2,000, where it appears:

2.1 Delimitation of the core or area, of the existing plots and of the buildings to the entry into force of Law 22/1988, of July 28.

2.2 Existing lines of the maritime-terrestrial public domain dislinde, sea bank and its protective easement and proposed line of reduction of the width of the protection easement zone.

2.3 Planes of urban services to the entry into force of Law 22/1988, of July 28.

2.4 Land classification plan in the current planning for the entry into force of Law 22/1988, of July 28, and in the current planning.

2.5 Plano of classification and classification of the soil in the current planning or in the urban instrument in which this nucleus or area was delimited.

3.) Supporting documentation of the existence of consolidation at the entry into force of Law 22/1988, of July 28: Air photographs of the land at the entry into force of Law 22/1988, of July 28, and/or earlier.

4. º) Current orthography of the core or area.

7. The time limit for the resolution of the procedure shall be suspended for the time between the request to the competent authority for the remedy of deficiencies and its effective compliance with the data subject.

8. However, in the nuclei or areas referred to in this provision, no new constructions of the prohibited under Article 25 of Law 22/1988 of 28 July (transitional provision first, 4, of Law 2/2013, of Law No 2/2013, May 29).

Respecting the limit referred to in the preceding paragraph, complementary works and ancillary facilities may be authorized for pre-existing buildings. These complementary works and ancillary facilities may be authorised provided they are directly linked to pre-existing buildings and comply with the urban regulations in force.

Twenty-third transitional provision. Transient application of the requirements to be a dealer.

The provisions of Article 134 of this Regulation shall apply to concessions granted after 31 May 2013 and to dealers who are prohibited from contracting after entry into force. This Regulation shall

.

Transient disposition twenty-fourth. Deadline for the delimitation of the natural and urban sections of the beaches.

The competent authority in the field of land management, within one year of the entry into force of this Regulation, shall delimit the stretches of the beaches in accordance with Article 67.

As long as the competent administration delimits the stretches of the beaches, the General Directorate of Sustainability of the Coast and the Sea will decide provisionally on the natural or urban nature of the stretch of the beach for the purpose of processing and granting of the titles of occupation of the maritime-terrestrial public domain.

To grant the occupation titles, the General Direction of Sustainability of the Coast and the Sea will consider urban stretches of the beaches those that, having not been declared of special environmental interest, landscape, Archaeological or similar, which makes them worthy of protection according to the territorial legislation, are integrated in urban areas that meet some of the following characteristics:

a) Be classified as urban or consolidated by the building by at least fifty percent of its length.

(b) They are provided with at least the following services:

1. Pedestrian and road access, and must be open to public use and under effective conditions, in the terms required by this regulation.

2. Supply of drinking water and electrical energy with sufficient flow and power for the intended uses. It shall also have lighting at least one third of its length.

3. Discharge of wastewater into the sewer network.

Twenty-fifth transitional arrangement. Adaptation of the concessional titles carried over to the provisions of this regulation.

Concessional titles carried over under Article 2 of Law 2/2013 of 29 May will be adapted to the requirements of this regulation in the first third of the period provided for in the extension of the concession. If this deadline has not been completed, the General Directorate for Sustainability of the Coast and the Sea will agree to the expiration of the title.

Food and beverage vending establishments may maintain the areas recognized in the title by which the concession was granted.

transient disposition twenty-sixth. Existing occupations from extinct or processed securities.

1. The occupants of land-land public domain land intended for the activities or installations referred to in Article 61.2 of this Regulation, the grant of which would have been extinguished by the expiry of the period for which it was granted. have granted, or are in the process of, that the entry into force of Law 2/2013 of 29 May, maintain their activity or open installation, will have preference to obtain the corresponding concession whenever they request it in the six months following the entry into force of this regulation.

The procedure for dealing with this request will be the general provision in this regulation for granting concessions.

The conditions of the occupation must be adapted to the requirements of this regulation in the first third of the period for which the concession is granted. If after this period the adaptation has not been carried out the General Direction of Sustainability of the Coast and the Sea will agree the expiration of the title

2. The vending facilities for meals and beverages that have been located in natural stretches of beaches, with surfaces greater than those listed in Article 68 of this regulation, prior to the granting of the corresponding administrative title, and have carried out their activity until at least one year before the entry into force of Law 2/2013 of 29 May, may be granted for a period of four years, with the areas which have been recognised, and within the limits of the (a) this Regulation, provided that the need is justified for reasons of public service and does not damage to the public maritime-land domain, for which the necessary additional conditions may be laid down in the relevant title. After that period, new concessions may be granted, for the same period, and with the same requirements.

3. Existing installations for sport activities of a federated nautical character may be covered by paragraph 1 in compliance with the following requirements:

(a) The application for administrative title shall be accompanied by a report of the Federation concerned. The report shall give an opinion on the size of the fixed installations and, where appropriate, the area of varada.

b) In the processing, a report will be requested from the competent authority of the autonomic administration and, if appropriate, from the corresponding Harbour Authority, that they will have to express expressly on the possible incidence with the the operation of marinas or other installations of a nautical nature within its competence. If no report is issued within one month, the report shall be deemed to be favourable.

c) If the nautical activity is to be carried out, the launch or varade of vessels must be permanently free of a strip of at least 15 metres from the shore in pleamar. Exceptionally, in cases duly justified by the configuration of the coast, this minimum distance may be reduced to 6 metres. In addition, it must be done through duly signposted channels located in the vicinity. In the absence of duly authorised channels in the vicinity, the project shall provide for the relevant channel. The technical characteristics and location of the same must be informed favorably by Ports of the State, prior to their installation.