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Royal Decree 21/2016, 15 January, Laying Down The Inland Basins Of Andalusia Flood Risk Management Plans: River Basins Of The Tinto And Odiel And Stones; Guadalete And Barbate; And Mediterranean Basins...

Original Language Title: Real Decreto 21/2016, de 15 de enero, por el que se aprueban los Planes de gestión del riesgo de inundación de las cuencas internas de Andalucía: demarcaciones hidrográficas del Tinto, Odiel y Piedras; Guadalete y Barbate; y Cuencas Mediterráneas...

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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, the Spanish legal order through Royal Decree 903/2010 of 9 July, of 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, taking into account the characteristics of the basin or sub-basin Hydrographic and its coordination 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, July 9.

The flood risk management plans of the hydrographic demarcations of the Tinto, Odiel and Piedras; of the Guadalete and Barbate; and of the Andalusian Mediterranean Watersheds together with their programme of measures, were submitted to consultation and public information from 10 January 2015 to 10 April 2015, in accordance with the open periods of public consultation by the Junta de Andalucía and in coordination with the hydrological plans of the internal demarcations of Andalusia.

Once the allegations were analyzed, the Hydraulic Administration of the Andalusian Board of Directors has incorporated into the Management Plans those observations and contributions that were accepted. After that and dated September 9, 2015, the Plans were informed unanimously by the Commission of Competent Authorities and on that same date by the Andalusian Water Council with favorable report of all its members, except one abstention. For its part, the Permanent Commission of the Civil Protection of Andalusia dated 22 September 2015 raised the plans for the management of the risk of flooding of the internal basins of Andalusia to the plenum of the Commission that in its session of 28 of September 2015 informed them unanimously in a favorable way.

On 20 October 2015, the Government Council of the Government of Andalusia approved the plans for the management of the flood risk in the internal basins of Andalusia: hydrographic demarcations of the Tinto, Odiel and Piedras; of the Guadalete and Barbate; and of the Andalusian Mediterranean Watersheds together with their program of measures and agreed to refer them to the Government of the Nation for their corresponding processing.

These PGRIs have 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 the hydrological plans of the corresponding hydrographic demarcations and in accordance with Article 14 of Royal Decree 903/2010, of July 9, the PGRI have been drafted in a coordinated way with the Plans hydrologic, including, a summary of the state and environmental objectives of each water mass with significant potential flood risk, making the measures included in the respective plans compatible.

In relation to its strategic environmental assessment, in accordance with Law 7/2007, of 9 July, of Integrated Environmental Quality Management, the entire process has been jointly developed, and in coordination with the watershed hydrologic, formulating the Environmental Memory dated October 5, 2015 of all the Plans, which has been taken into account in the final version of each of the PGRI.

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 a proposal from the Minister of Agriculture, Food and the Environment and the Minister of the Interior, and after deliberation by the Council of Ministers at its meeting on 15 January 2016,

DISPONGO:

Single item. Approval of the flood risk management plans of the internal basins of Andalusia: hydrographic demarcations of the Tinto, Odiel and Piedras; Guadalete and Barbate; and Andalusian Mediterranean Watersheds.

1. According to the provisions of Article 13.4 of Royal Decree 903/2010 of 9 July 2010 on the assessment and management of flood risks, the flood risk management plans for the inland basins of Andalusia are approved: demarcations hydrographic of the Tinto, Odiel and Piedras; Guadalete and Barbate; and Andalusian Mediterranean Watersheds.

2. The territorial scope of each plan corresponds to the provisions of Article 3 of Decree 357/2009 of 20 October laying down the territorial scope of the river basin districts located in the Community. Andalusia.

3. The structure of the plans, according to Royal Decree 903/2010, consists of a memory with ten chapters and four years with the following titles: Anejo 1: Characterization of the areas of significant potential flood risk (ARPSIs). Annex 2: Description of the programme of measures. Annex 3: Summary of the public information and consultation processes and their results. Annex 4: List of competent authorities, environmental sustainability report and corresponding environmental memory.

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 Plans is at the electronic headquarters of the the Junta de Andalucía (http://www.juntadeandalucia.es/index.html) and other competent administrations, which will be accessed from at least those of the Ministry of Agriculture, Food and Environment (www.magrama.gob.es) and the Ministry of Agriculture 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 risk management plans of the respective demarcations will be submitted, prior to their realization, to an analysis on their viability. technical, economic and environmental. 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 Plans that are approved will be effective from the day following the publication of this royal decree in the "Official State Gazette".

They must be reviewed and updated, including the components set out in Annex Part B of 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