The configuration of state-wide environmental management as the State Secretariat, integrating such relevant competencies as those concerning the administration of a critical resource such as water and design Policies informed by the principles of Article 45 of our Constitution, has meant a real qualitative change in its short history.

In water resource management, quality objectives must be predominant as guarantors for their sustained use. Actions aimed at monitoring compliance with quality standards and restoring this quality when damaged are of sufficient importance to integrate the core of functions of a management centre. These quality objectives cannot be met without addressing the growing demands that the increase in the standard of living has stopped in the country for industrial, irrigation or domestic consumption. The irregularity in time and in the space of the prevailing precipitation regime demands to continue the investment effort made to ensure the regulation of the flow rates.

The Hydrographic Confederations, configured as the Basin Organizations created by the Water Law, must address both quantitative and qualitative demands, which guarantees their membership of the State Secretariat. for Water and Environment Policies.

The Spanish coasts with almost 8,000 kilometres of length represent an essential element of our natural heritage. A rational management of the goods that make up the terrestrial maritime public domain is the guarantee of the maintenance of their sustainable use and that they undertake the necessary preventive and restorative actions for this.

Of nature and eminently ordinating and planning functions, the Directorate General of Environmental Policy, following the recommendations of the International Union for the Environment and the World Commission for the Environment Environment and Development, has as essential the management of environmental elements through environmental impact assessments and the elaboration of the basic regulations that the evolution of the environmental reality implies.

The effective implementation of the principle of cooperation which informs our constitutional text acquires a particular relevance in the field of the environment, given the supra-regional character of environmental and political problems. aimed at solving them. As a result, the coordination in the exercise of the respective powers between the various bodies of public administrations with environmental powers is a guarantee of effective implementation of these policies. All this, moreover, is the need for the unique representation of Spain in the organs of the European Community that compels this function of interdepartmental coordination and with the Autonomous and Local Administration.

Based on the above reasons, a more homogeneous organic structure has been configured in which, under the Secretary of State's dependency, a series of units of the same rank are grouped together.

Royal Decree 576/1991, of 21 April, when configuring the basic organic structure of the Ministry of Public Works and Transport, regulated up to the organic level of Directorate General the basic structure and content of this area activity. It is now appropriate to outline and develop these general contents, in particular the organic structures that are dependent on the Secretariat of State and the management centres, as well as the functions attributed to them.

By virtue of the above, on the initiative of the Minister of Public Works and Transport, on a proposal from the Public Administrations and after deliberation of the Council of Ministers at its session of August 2, 1991,

DISPONGO:

Article 1. No. Secretary of State for Water and Environment Policies.

One. The Secretariat of State for Water Policies and the Environment is the Superior Authority of the State Administration which, under the Ministry of Public Works and Transport, directs, and, where appropriate, coordinates, at the State level, the policies aimed at strengthening the rational use of natural resources, in order to guarantee the right to a suitable environment for the development of the person.

Two. The Secretariat of State for Water Policies and the Environment guides their actions to:

1. The preparation and, where appropriate, the coordination with the competent departments, of the basic environmental regulations, as well as their application in the field of competencies of the State Administration.

2. Coordination and concerted action with the Ministerial Departments and the Autonomous Communities, as well as the relationship between Spain and the European Communities and other international bodies in relation to environmental policy, in coordination with the organs of the State's external action.

3. The Environmental Impact assessments referred to in Royal Decree 1131/1988 of 30 September, as soon as they are the responsibility of the State Administration.

4. The implementation of the Government's water policy, both in its qualitative and quantitative aspects, through the implementation of the Water Law, the creation of the necessary infrastructures and the management of water resources, an exception made by the powers of the Ministry of Industry, Trade and Tourism in the field of energy planning and the operation of the electricity system, in the field of the State Administration's powers.

5. The protection, management and administration of marine-terrestrial public domain goods.

6. The analysis, prediction and monitoring of meteorological parameters with a view to the prevention, detection and adoption of climate-related plans and models.

7. The elaboration, maintenance and performance of the cartographic information and its different thematic bases.

Three. 1. The Secretary of State for Water Policies and the Environment depends on a cabinet with functions of assistance and support to the structure and personnel regime established by Royal Decree 3775/1982 of 22 December.

Art. 2. Organs under the Secretariat of State for Water and Environment Policies.

One. The Secretariat of State for Water and Environment Policies depends on the following management centers:

General Direction of Hydraulic Works.

General Direction of Water Quality.

General Directorate of Costs.

Environmental Policy General Address.

Directorate General of the National Geographic Institute.

Directorate General of the National Institute of Meteorology.

Two. Directly dependent on the Secretary of State, there will be a Deputy Director General of Common Services to which they correspond, within the framework of the criteria and guidelines issued by the Directorates-General for Human Resources and Administration and Services, the functions of management of personnel, assets, financial resources and internal regime of the Secretariat of State.

Three. They are attached to the Ministry of Public Works and Transport, through this Secretariat of State, the following Autonomous Bodies:

1. Depending on the Directorate General of Hydraulic Works:

The Hydrographic Confederations, with the precisions that are determined in the second provision second.

The Commonwealth of the Taibilla Channels.

The Machinery Park, without prejudice to the provisions of the additional provision of this Royal Decree.

2. Depending on the Directorate General of the National Geographic Institute:

The National Geographic Information Center.

Four. The Secretariat of State for Water Policies and the Environment maintains the relationship and exercises functional control over the Industrial Waste Management Company (EMGRISA).

Five. 1. The National Water Council, whose composition and organic structure is established in Articles 11 to 18 of Royal Decree 927/1988, of July 29, is attached to the Ministry of Public Works and Transport, through the Secretariat of State for Water Policies and the Environment.

2. The Minister of Public Works and Transport will hold the Presidency of the National Water Council, corresponding to the Vice-Presidency First to the Secretary of State for Water and Environment Policies and the Vice-Presidency Second to the President of the National Institute of Agrarian Reform and Development (IRYDA).

3. The Directors-General of Water, Water Quality, Environmental Policy and Energy are the National Water Council's (National Water Council), as amended in this sense by Article 15 of Royal Decree 927/1988 of July 29.

Six. It is up to the Secretary of State for Water and Environment Policies to chair the following Collegiate Bodies:

Governing Council of the National Industrial Waste Plan.

Geographic Top Tip.

Art. 3. General Direction of Hydraulic Works.

One. The Directorate-General for Hydraulic Works exercises the following functions:

1. The elaboration, monitoring and review of the National Hydrological Plan and assistance to the Basin Organizations for the elaboration of their corresponding Hydrological Plans.

2. The implementation, supervision and control of the projects and works which, in implementation of the corresponding plans, are responsible to execute the Directorate General of Hydraulic Works.

3. The conduct of studies, projects and works of exploitation, control and conservation of aquifers of state competence.

Two. The Directorate General of Water Works is composed of the following units with organic level of Subdirection General:

The General Subdirection of Hydrological Planning.

The General Administration and Regulations Subdirection.

The Project and Works General Subdirection.

The General Subdirection of the Geological Survey.

Three. The Directorate-General for Hydrological Planning assumes the functions referred to in paragraph 1, and in particular the following:

1. Elaboration, monitoring and review of the National Hydrological Plan.

2. Coordinate the different sectoral or regional planning schedules with hydrological planning.

3. Homogenize and systematize the methodology to which hydrological planning should be submitted.

4. The corresponding to the Secretary General of the National Water Council, provided for in Article 13 of Royal Decree 927/1988, of July 29.

Four. The General Administration and Regulations Subdirectorate shall assume the functions referred to in paragraph 1, 2, in its economic aspects, and in particular the following:

1. Preparation, monitoring and monitoring of the budget of the Directorate-General for Hydraulic Works.

2. Preparation of the documentation for the application for funding from the Structural Funds of the EEC.

3. Coordination with the autonomous bodies attached to the Directorate-General for Hydraulic Works in relation to the above functions.

4. Study of draft provisions for the development of the Water Law, as well as the report and advice to the Hydrographic Confederations on the application of the Water Law and other general provisions.

5. Review and control of works certifications, inherent accounting documentation, and proposal for approval by the Directorate General of Hydraulic Works.

6. Preparation and processing of the dossiers related to the contracts carried out by the Directorate General of Hydraulic Works.

Five. The Subdirectorate-General for Projects and Works assumes the functions referred to in paragraph 1, 2, in its technical aspects, and in particular the following:

1. Realization, authorization, supervision and control of the projects of works and installations developed by the Directorate General of Hydraulic Works, either directly or through the Hydrographic Confederations.

2. Monitoring, control, coordination and, where appropriate, inspection of the development of works carried out by the Directorate-General for Hydraulic Works.

Six. The General Secretariat of the Geological Survey assumes the functions referred to in paragraph 1, 3, and in particular the following:

1. Conduct of studies, projects and works of exploitation, and control and conservation of aquifers of state competence.

2. Coordination of actions in the field of groundwater with other agencies of the State Administration Department and the Autonomous Communities.

3. Elaboration of proposals and guidelines on the subject and participation in the Hydrological Plans of Cuenca and National Hydrological Plan in relation to the groundwater.

4. Geological studies of location of dams, reservoirs, canals and tunnels.

Art. 4. General Direction of Quality of Water.

One. The Directorate-General for Water Quality exercises the following functions in the field of State competence:

1. Surveillance, monitoring and control of the quality levels of inland waters.

2. Surveillance, monitoring and control of activities likely to cause pollution or degradation of the public hydraulic domain, in particular the discharge of waste water.

3. Discharge authorizations, when their grant is attributed to the Ministry of Public Works and Transport.

4. The management, through the basin agencies, of the fees set out in Articles 104 and 105 of the Water Act.

5. The promotion and promotion of the purification activities aimed at improving and, where appropriate, the elimination of pollution from inland waters.

6. Management of the hydraulic public domain.

7. Projects and works of health engineering and water treatment, competition from the Ministry of Public Works and Transport.

Two. The General Directorate of Water Quality is composed of the following units with organic level of Subdirectorate General:

The General Subdirection of Hydraulic Public Domain Management.

The Sanitation Engineering General Subdirection.

The General Subdirection of Water Quality Analysis and Surveillance.

Three. The General Sub-direction of the Management of the Hydraulic Public Domain assumes the functions set out in paragraph 1, 4 and 6, and in particular the following:

1. The granting of authorizations and concessions concerning the public hydraulic domain, relating to works and actions of general interest of the State.

2. The protection of the hydraulic public domain.

3. The management, through the basin organizations, of the financial economic regime of the use of the hydraulic public domain, as regards the canons established in Articles 104 and 105 of the Law of Waters.

4. The coordination of the criteria for the production of the fees and charges referred to in the previous paragraph.

5. Control of the exploitation of the hydraulic public domain.

Four. The General Secretariat for Sanitation Engineering assumes the functions set out in paragraph 1, 5 and 7, and in particular the following:

1. Implementation of the Conventions with Autonomous Communities and Councils in the field of water purification.

2. Monitoring, coordination and, where appropriate, inspection of the development of the purification works carried out by the Directorate-General for Water Quality or the Hydrographic Confederations themselves, under the agreements to be carried out with the Autonomous Communities and Councils.

3. Realization, authorization, supervision, control and approval of the projects of works and installations developed by the General Direction of Quality of the Waters, either directly or through the Hydrographic Confederations.

Five. The General Sub-Directorate for the Analysis and Surveillance of Water Quality assumes the functions set out in paragraph 1, 1, 2 and 3, and in particular the following:

1. The monitoring, monitoring and control of the quality levels of inland waters in the field of State competence.

2. Monitoring and monitoring of the application of the provisions of the EEC concerning the quality of inland waters and the drawing up of documentation and information required by the European Commission.

3. The monitoring of the granting of discharge authorizations to the continental water environment to be carried out by the basin agencies.

Art. 5. General direction of costs.

One. The Directorate-General for Costs exercises the following functions, in the field of competence of the department:

1. The determination of the terrestrial maritime public domain by means of the procedures of stoning and dislinde, ensuring its integrity and adequate conservation in its limits and elements.

2. The management and administration of land-based maritime public domain goods.

3. The protection and, where appropriate, restoration of the elements that integrate the public domain and in particular of beaches, dunes and cliffs.

Two. The General Directorate of Costs is composed of the following units with organic level of Subdirectorate General:

The General Subdirection of Land Maritime Public Domain Management.

The General Subdirection of Protection and Restore.

Three. The General Subdirectorate for the Management of the Terrestrial Maritime Public Domain assumes the functions referred to in paragraph 1, 1 and 2, and in particular the following:

1. The deslinde of the maritime-terrestrial public domain.

2. Those relating to the dossiers for the granting and authorisation of all types of actions and holdings in the area of public domain, in the field of the department's powers.

3. The management of the financial economic regime in the public domain.

4. The functions of guardianship and police in the aforementioned public domain, as well as those concerning the exercise of sanctioning power.

Four. The Subdirectorate-General for Protection and Restoration assumes the functions set out in paragraph 3, and in particular the programming and preparation of projects, as well as the carrying out, monitoring and control of works or installations of a nature. State in the area of public maritime-land domain.

Art. 6. Directorate General for Environmental Policy.

One. The Directorate-General for Environmental Policy exercises the following functions in the field of Department competencies:

1. Analysis and monitoring of the state of the environment and natural resources, in coordination with the competent bodies of the Autonomous Communities.

2. Proposal for the establishment of guidelines for the management of natural resources with a view to their sustainable use.

3. Environmental impact assessments, regulated by Royal Decree 1131/1988 of 30 September, competition from the State Administration.

4. Development of a System of Environmental Statistics and creation of a Data Bank.

5. Preparation of the draft basic environmental legislation, as referred to in Article 149.1.23 of the Constitution.

6. Development of programs aimed at improving the level of knowledge of society on natural resources and the environment, as well as increasing their participation in the design of environmental policies and in their monitoring and control.

7. Elaboration and proposal of environmental plans and programmes.

Two. The Directorate-General for Environmental Policy is composed of the following units with an organic level of Subdirection General:

The General Subdirection of Analysis, Statistics, and Data Bank.

The Environmental Impact Assessment and Programming Subdirection General.

The General Subdirection of Regulations and Institutional Relations.

The General Subdirection of Waste.

The General Subdirectorate for Protection of the Atmospheric Environment.

Three. The General Sub-Directorate for Analysis, Statistics and Data Bank assumes the functions set out in paragraph 1, 1, 4 and 6, and in particular the following:

1. Elaboration, collection and integration, in coordination with the affected departments, of the physical data on the environment covering the natural elements air, water, soil, solid waste and noise.

2. Compliance with the information required by the Statistical Office of the European Communities (EUROSTAT), on the basis of the European Environment Information System.

3. Development of sectoral environmental indicators according to the criteria established by the OECD and other international bodies.

4. Creation and permanent update of a Data Bank on the Environment.

Four. The Environmental Impact Assessment and Programming Subdirectorate General assumes the functions set out in paragraph 1, 2, 3 and 7, and in particular the following:

1. The study and elaboration of the Environmental Impact Declarations referred to in Article 18 of Royal Decree 1131/1988, of September 30, competition from the Directorate General.

2. The elaboration, formulation and proposal of environmental plans and programs.

Five. The Subdirectorate-General for Regulations and Institutional Relations assumes the functions referred to in paragraph 1, 5 and 6, and in particular the following:

1. Preparation of the environmental legislation.

2. Transfer to the national legislation of the Community regulations and directives in the field of environmental matters, in collaboration with the Ministry Departments concerned by reason of the matter.

3. Monitoring, information and coordination of Community activities, programmes and legislation in this field.

4. Monitoring, coordination and participation of the activities, programmes and regulations of the autonomous communities in this field.

5. Coordination of international relations in collaboration with the Technical General Secretariat.

Six. The General Waste Subdirectorate assumes the functions referred to in paragraph 1, 1 and 7, and in particular the following:

1. Knowledge of the production of industrial and urban waste, both in quantity and in its typology.

2. The study and analysis of the production and consumption processes in order to determine the basic standards that should apply in the field, in collaboration with the departments concerned.

3. The implementation of the basic studies for the preparation of the plans referred to in paragraph 4, 2 of this Article, in collaboration with the Departments concerned.

4. The monitoring and, where appropriate, the implementation of the State-owned investments included in the plans referred to in paragraph 4, 2 of this Article.

Seven. The General Subdirectorate for the Protection of the Atmospheric Environment assumes the functions set out in paragraph 1, 1 and 7, and in particular the following:

1. Monitoring, monitoring and control of air pollution, both acoustic and gaseous.

2. The study and analysis of the production and consumption processes in order to determine the basic regulations in the field.

3. The implementation of the basic studies for the preparation of the plans referred to in paragraph 4, 2 of this Article in the field of air pollution.

4. The monitoring and, where appropriate, the implementation of the investments included in the plans and programmes aimed at reducing and, where appropriate, eliminating air pollution.

Eight. The Director General of Environmental Policy will also:

The First Deputy Presidency of the National Plan for Industrial Waste.

The Presidency of the Monitoring and Coordination Commission of the aforementioned National Plan.

Art. 7. General Directorate of the National Geographic Institute.

One. The Directorate-General of the National Geographic Institute, without prejudice to the provisions of the additional sixth provision, maintains its current structure and functions.

Two. The Center for Geographic Information, Autonomous Body attached to the Ministry of Public Works and Transport, through the Secretariat of State for Water and Environmental Policies, will continue to depend on the Directorate General of the Institute National Geographic, the holder of which holds the Presidency.

Art. 8. Directorate General of the National Meteorological Institute.

The General Directorate of the National Meteorological Institute maintains the structure and functions established in Royal Decree 2229/1978 of 25 August, as amended by Royal Decree 1209/1985 of 19 June, and in the other current provisions for the development of these rules.

ADDITIONAL PROVISIONS

First.

One. The General Directorate of Ports and Coast, integrated in the General Secretariat for Transport Services, will be referred to as the Directorate General of Ports, maintaining the functions and powers currently assigned to it. sea ports and signals.

Two. The units with a lower level to the General Subdirectorate, which develop the competences related to Costas, become integrated into the new General Directorate of Costs created in this Royal Decree.

Second.

One. The Hydrographic Confederations constituted under the provisions of Article 19 of the Water Law are organically dependent on the General Directorate of Water Works and will retain their current structure.

Two. The Hydrographic Confederations in their water quality slope will be functionally dependent on the General Direction of Water Quality.

Three. The President of each Hydrographic Confederation will have the rank of Director General and will be appointed by the Council of Ministers on the proposal of the Public Works and the Transports, with the application of the general regulations in force on incompatibilities.

Third.

One. The Autonomous Bodies of the Taibilla Channel and Machinery Park, as referred to in Article 2, shall continue with the structure and functions governing their specific provisions in force, except for amendments which in terms of membership and dependency are expressly set out in this Royal Decree.

Two. The services and resources of the Park of Machinery may be applied where the needs advise, according to the criterion of maximum effectiveness and profitability in the use of the same.

Fourth.

The Currently Existing Collegiate Bodies and listed below will continue to be regulated by their specific rules, with the modifications mentioned in this Royal Decree:

National Water Council.

Geographic Top Tip.

National Astronomy Commission.

National Geodesy and Geophysics Commission.

Standing Committee on Seismic Resistant Standards, and

Met Coordination Board.

Fifth.

In the employment relations which are to be drawn up as a result of the present reorganization, they will declare themselves to write down the jobs which are deemed unnecessary for the operation of the various services of This Secretariat of State. This depreciation will be, at least, equivalent in its economic valuation, and in the whole of the Ministry of Public Works and Transport, to the increase in public expenditure that the new structure of the Department represents.

Sixth.

The following organs are deleted:

a) Higher Bodies:

The General Secretariat for the Environment.

b) Direct Centers:

Directorate General for Environmental Management and Coordination.

c) General Subaddresses:

General Secretariat of the Directorate-General for Hydraulic Works.

General Secretariat of the National Water Council.

General Direction of Programming and Budgets of the Directorate General of Hydraulic Works.

Planning, Studies, and Regulations Subdirection General.

Subdirectorate General for International Cooperation.

Environmental Quality Subdirection.

General Coordination and Information Subdirection.

Technical Cabinet of the Secretary General of the Environment.

General Assistant to the Coast and Maritime Signals of the current General Directorate of Ports and Coast.

The Technical Secretariat of the Geographic Superior Council.

Seventh.

The provisions of this Royal Decree are without prejudice to the powers conferred on the Ministry of Agriculture, Fisheries and Food in the field of sea fishing.

TRANSIENT PROVISIONS

First.

The units with an organic level lower than the General Subdirectorate General and the currently existing jobs are provisionally assigned to the Subdirectorates General governed by this Royal Decree, according to the the powers assigned to them, pending the adoption of the relevant provisions and measures for the development and implementation thereof.

Second.

As long as the new structure of the Department's Peripheral Services, the Demarations and the Costs Services in each of the coastal provinces, in the exercise of the competences that they have, is not approved. In particular, in which the regulation for the development and implementation of the Law on Costs assigns to the Peripheral Services of Costs, they will be functionally dependent on the General Directorate of Costs.

FINAL PROVISIONS

First.

Article 3 of Royal Decree 576/1991 of 21 April 1991, Royal Decree 199/1990 of 16 February, and Royal Decree 1564/1985 of 3 July 1985, as amended by Royal Decree 89/1987 of 23 January 1987, are repealed. as soon as they are affected by the provisions of this Royal Decree.

Second.

The Minister of Public Works and Transport is authorized to dictate, prior to the completion of the procedures that are mandatory, how many provisions and measures are necessary for the development and execution of the provisions of the Present Royal Decree.

Third.

The Ministry of Economy and Finance will carry out the budgetary modifications that are necessary for the effectiveness of the provisions of this Royal Decree.

Fourth.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Palma de Mallorca to August 2, 1991.

JOHN CARLOS R.

The Minister for Public Administrations,

JUAN MANUEL EGUIAGARAY UCELAY