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Resolution Of 14 February 2013, Of The Confederación Hidrográfica Del Ebro, On Amendment Of The Rules Of Navigation.

Original Language Title: Resolución de 14 de febrero de 2013, de la Confederación Hidrográfica del Ebro, sobre modificación de las normas de navegación.

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TEXT

In accordance with the provisions of Articles 23.1b, 24 (a), 51 (a) and 78 of the recast of the Water Act, the control of navigation and flotation in reservoirs and rivers in inter-Community basins and the establishment of Requirements for the exercise of such activity is the competence of the Basin Agencies. The navigation and flotation, which the aforementioned article 51 contemplates as special common uses, are subject to the regulation and control exercised by this Hydrographic Confederation in its functions of police and administration of the public domain hydraulic.

According to Article 64 of the Regulation of the Public Hydraulic Domain, the basin organizations will classify lakes, lagoons and reservoirs within their respective geographical areas according to the possibilities that present for navigation to rowing, sailing and motor. According to Article 66 of the same regulation, this classification system can be established for those sections of the river where it is appropriate in view of its navigability conditions.

Article 4 of the Water Framework Directive (Directive 2000 /60/EEC) which states that Member States will have to implement the necessary measures in order to progressively reduce pollution from priority substances and to stop or phase out discharges, emissions and losses of priority hazardous substances.

In the exercise of its powers in the field of administration and control of the hydraulic public domain, the Basin Agency must meet the objectives of protection that the Law marks and, in particular, the objectives of protection of the quality of water. Thus, in the exercise of these powers, it should be as provided for in Article 92 (a) of the Recast Text of the Water Law, which states as one of the objectives of the protection to prevent deterioration, protect and improve the state of aquatic ecosystems as well as terrestrial ecosystems and wetlands that are directly dependent on aquatic ecosystems in relation to their water needs.

The provisions of Articles 92a should also be laid down as regards the prevention of the deterioration of the state of surface water bodies as environmental objectives for surface water.

The criteria according to which the Ebro Hydrographic Confederation limits and controls the use, for the purposes of navigation, of the water bodies of the Ebro basin are established by resolution of the Agency itself, as provided for in Article 78 of the Recast Text of the Water Act and 64 of the Regulation of the Hydraulic Public Domain.

In the exercise of that competence this Confederation has issued and published in the "Official State Gazette" the following administrative resolutions concerning the control of navigation in the Ebro basin:

Resolution of 11 September 2001, of the Presidency of the Ebro Hydrographic Confederation, on the classification of reservoirs in the Ebro basin for navigation purposes ("BOE" of 23 October).

Resolution of 24 September 2001, of the Hydrographic Confederation of the Ebro, on rules for navigation in the reservoirs of Mequinenza, Ribarroja and Flix, lower section of the river Ebro for the appearance of zebra mussel ("BOE") of 12 November).

Resolution of 15 May 2007, of the Hydrographic Confederation of the Ebro, approved the modification of the rules of navigation on the occasion of the expansion of the zebra mussel and new classification of reservoirs of the Ebro basin ("BOE" of June 19).

Resolution of 23 January 2009, of the Hydrographic Confederation of the Ebro, on the modification of the rules of navigation, the prohibition of two-stroke engines of carburation ("BOE" of March 26) is added.

Resolution of 12 April 2010, from the President of the Ebro Hydrographic Confederation, approved the model of responsible declaration for navigation and flotation in the reservoirs and rivers of the Ebro basin.

The following amendment to the rules for navigation in the Ebro basin is hereby approved:

" For safety reasons, in general, navigation with the so-called water scooters is not permitted, as long as there is no regulation of their practice in inland waters, except by authorization or concession administrative.

The maximum real power allowed in the waters of the Ebro basin is 150 hp per vessel (except duly justified cases for vessels for surveillance, rescue, technical studies and vessels). military or similar).

The rules for navigation in the mountain rivers of Aragon and in the rivers Najerilla and Piqueras-Irece of Annex 4 of the Instructions and requirements for compliance with the declaration responsible for the exercise must be respected of navigation and flotation in the Ebro basin with watercraft approved by this Government Board.

The rules governing natural spaces with a protective figure (national parks, natural parks, nature reserves, etc.) must be respected. The environmental signs and constraints established by the competent authorities should be respected.

It is possible to sail with the same boat and during the same period in the reservoirs of Mequinenza, Ribarroja, Flix and in the final stretch of the river Ebro: from the discharge of the electric power station of Flix (Tarragona) to the bridge of the State in Tortosa (Tarragona).

The reservoirs of Las Navas (Huesca), San Bartolomé (Zaragoza), Sabinanigo (Huesca) and Utchesa (Lerida) are eliminated from the list of navigable reservoirs in the Ebro basin.

It is proposed to incorporate the González Lacasa reservoir into the list of navigable reservoirs of the Ebro basin with the following classification:

Rio

Province

Type emb.

engine

Type emb.

candle

Emb type.

rowing

Observations

Lacasa.

Albercos.

Camero Ortigosa.

0

P

P

Load hydroplanes

Type P: Protected reservoir. The declarant who chooses to sail in a type P reservoir shall submit an individual responsible declaration for a single reservoir of this type. When you declare to sail in a type P reservoir, you will not be able to navigate any other mass of water in the Ebro basin.

Type 0: Banned navigation.

Navigation with motor-powered vessel is prohibited in the Gonzalez-Lacasa reservoir (except in case of vessels run by official agencies for surveillance and rescue, vessels destined for scientific or technical studies and military vessels or similar vessels as well as vessels participating in sport competitions or fishing contests).

Vessels entering and leaving the Gonzalez Lacasa Reservoir have to submit to the Vessel Disinfection Protocol in Annex 1 of the said instructions and must prove to any agent of the authority, by means of disinfection ticket issued at an official disinfection station, which have complied with these requirements.

The promotion, construction, subsequent maintenance and management of disinfection stations should be the initiative of public or private entities interested in promoting nautical activities in the reservoir.

If there were no disinfection stations in operation at the disposal of the users in the vicinity of the González Lacasa reservoir, the temporary navigation would be prohibited until the installation of installations. disinfection. "

Zaragoza, 14 February 2013.-The President of the Ebro Hydrographic Confederation, Xavier de Pedro Bonet.