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Royal Decree 19/2016, Of 15 January, Approving The Plan Of Flood Risk Management Of The River Basin District Of Galicia-Costa Is Approved.

Original Language Title: Real Decreto 19/2016, de 15 de enero, por el que se aprueba el Plan de gestión del riesgo de inundación de la Demarcación Hidrográfica de Galicia-Costa.

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TEXT

Year after year, floods in Europe and in Spain constitute the natural risk that over time has produced the greatest damage both material and loss of human life, so the fight against The negative effects of the floods have been a constant in the water and civil protection policy for many years.

At European level, it has been the subject of specific development by Directive 2007 /60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks, incorporated into the Spanish legal order through Royal Decree 903/2010 of 9 July, for the assessment and management of flood risks, which established three essential phases in the implementation of this Directive.

The first, the preliminary flood risk assessment pursuant to Article 6 of Royal Decree 903/2010 of 9 July, which selected, in each river basin district, the areas of significant potential risk of flooding. flooding (ARPSIs).

The second phase involved the elaboration of the hazard maps and flood risk in these areas of significant potential flood risk, and the third phase consists of the elaboration and approval of the plans of the flood risk management (PGRI), the content of which focuses on prevention, protection and preparedness, including flood forecasting and early warning systems, and taking into account the characteristics of the basin or sub-basin Hydrographic design, which should be coordinated with the river basin management plans.

Article 13 of Royal Decree 903/2010, of July 9, establishes the procedure for the elaboration and approval of these plans, under which the different basin organizations, with the cooperation of the Committee of Authorities Competent, in coordination with the Civil Protection authorities, have integrated in their respective PGRI the programs of measures elaborated by each competent administration, ensuring the proper coordination and compatibility between the same to achieve the objectives of the plan and have provided them with the content set out in Part A of Annex of Royal Decree 903/2010.

The flood risk management plan for the Galicia-Costa Hydrographic Demarcation, together with its programme of measures, was submitted for consultation and public information from 5 August 2015 to 5 November 2015, in accordance with the open periods of public consultation by the Xunta de Galicia.

Once the public information has been finalized and the allegations analyzed, the final proposal for the flood risk management plan has been submitted to the approval of the Council of Water of Galicia with a date of 27 of November 2015. Subsequently, the Conformity of the Committee of the Competent Authorities of the Hydrographic Demarcation of Galicia-Costa has been obtained to the proposal of the plan of the plan and has been submitted by the Council of the Water of Galicia to the Council of the Xunta for its approval, all in accordance with the provisions of Article 20 of the Regulation on the Water Planning of Galicia.

On December 3, 2015 the Government Council of the Xunta de Galicia approved the Plan to manage the Flood Risk of the Hydrographic Demarcation of Galicia-Costa along with its program of measures, agreeing to send the Ministry of Agriculture, Food and Environment the PGRI for approval.

Prior to its approval, this PGRI has been informed by the National Water Council, dated October 28, 2015 and by the National Civil Protection Commission dated October 29, 2015.

In relation to its coordination with the river basin management plan, in accordance with Article 14 of Royal Decree 903/2010 of 9 July, the PGRI has been drafted in a coordinated manner with the Hydrological Plan, including a summary of the the state and environmental objectives of each mass of water with significant potential flood risk, making the measures included in both plans compatible.

In relation to its strategic environmental assessment, the strategic environmental statement has been formulated on 25 November 2015.

The present royal decree is dictated by article 149.1.13. of the Constitution which attributes to the State exclusive competence to lay the foundations and coordination of the general planning of economic activity.

In its virtue, on the proposal of the Minister of Agriculture, Food and the Environment and the Minister of the Interior and after deliberation of the Council of Ministers at its meeting of the day 15 January 2016,

DISPONGO:

Single item. Approval of the flood risk management plan for the Galicia-Costa Hydrographic Demarcation.

1. According to the provisions of Article 13.4 of Royal Decree 903/2010, of 9 July, of the assessment and management of flood risks, the Plan of Management of the Flood Risk of the Hydrographic Demarcation of Galicia-Costa is approved.

2. The territorial scope of the plan corresponds to the provisions of Article 2 of Decree 1/2015 of 15 January, approving the Regulation on the planning of waters in Galicia and regulating certain issues in development of Law 9/2010, of 4 November, of waters of Galicia.

3. The structure of the plan, according to Royal Decree 903/2010, consists of a memory with eleven chapters and four annexes with the following titles: Annex I: Characterization of the areas of significant potential flood risk (ARPSIs). Annex II: Description of the programme of measures. Annex III: Summary of the public information and consultation processes and their results. Annex IV: List of competent authorities.

Additional disposition first. Advertising.

Given the public nature of the flood risk management plans, as provided for in Article 16 of Royal Decree 903/2010 of 9 July 2010, the full content of the plan is located in the electronic headquarters of the Xunta de Galicia (http://www.xunta.es/portada) and other competent authorities, which will be accessed from at least the Ministry of Agriculture, Food and Environment (www.magrama.gob.es) and the Ministry of the Interior (http://www.interior.gob.es/).

Also, copies of the ends of the same can be obtained and access to its content in the terms provided for in Law 27/2006, of July 18, for which the rights of access to information, of public participation are regulated and access to justice in the field of the environment, as well as in Law 19/2013, of December 9, of transparency, access to public information and good governance.

Additional provision second. Conditions for the implementation of actions promoted by the General Administration of the State.

The actions promoted by the General Administration of the State and foreseen in the Plan for the Management of the Flood Risk of the Hydrographic Demarcation of Galicia-Costa will be submitted, prior to its realization, to an analysis on its technical, economic and environmental feasibility. In any event, these actions will be subject to the existing rules on environmental impact assessment, budgetary availability and the corresponding sectoral plans, where their specific rules so provide. The implementation of the measures provided for in the Plan may in no case exceed the available budgetary resources from national or Community funds.

Final disposition first. Competency enablement.

The present royal decree is dictated by the habilitation contained in clause 13. of article 149.1 of the Constitution which attributes to the State exclusive competence in the field of bases and coordination of planning general economic activity.

Final disposition second. Effectiveness.

The risk management plan that is approved will be effective from the day following the publication of this royal decree in the "Official State Gazette".

It shall be reviewed and updated, including the components set out in Annex Part B to Royal Decree 903/2010 of 9 July, no later than 22 December 2021, and then every six years.

Given in Madrid, on January 15, 2016.

FELIPE R.

The Vice President of the Government and Minister of the Presidency,

SORAYA SAENZ DE SANTAMARIA ANTON