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Resolution Of 8 October 2015, Of The Ministry Of Environment, Which Is Formulated Strategic Environmental Declaration Program Operating The Fund European Maritime And Fishing 2014-2020.

Original Language Title: Resolución de 8 de octubre de 2015, de la Secretaría de Estado de Medio Ambiente, por la que se formula declaración ambiental estratégica del Programa Operativo del Fondo Europeo Marítimo y de Pesca 2014-2020.

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The Strategic Environmental Assessment (EAE), regulated in Law 21/2013, of December 9, of environmental assessment, has as its main purpose the integration of environmental aspects in public planning. It is a question of avoiding, as early as the early stages of their conception, that the actions envisaged in a Plan or Programme may cause adverse effects on the environment.

According to Article 6 of the Environmental Assessment Act, an ordinary strategic environmental assessment, among other assumptions, will be the subject of plans to be adopted or approved by a public administration whose elaboration and approval is required by a legal or regulatory provision and which either establishes the framework for the future authorisation of projects which are legally subject to environmental impact assessment and which relate, inter alia, to aquaculture, fisheries, industry, transport, waste management, water resource management, domain occupation land sea, use of the marine environment, urban and rural land management, etc.; or require an assessment for affecting Natura 2000 sites in the terms provided for in Law 33/2015 of 21 September, for which Law 42/2007, of 13 December, of Natural Heritage and Biodiversity is amended.

This is the case of the Operational Programme of the European Maritime and Fisheries Fund 2014-2020 (PO-EMFF), the elaboration of which is required by Article 26 of Regulation (EU) No 1303 /2013of the European Parliament and of the Council of 17 December 2013, laying down common provisions for the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund, and for which General provisions concerning the European Regional Development Fund are laid down for the Fund The European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund, and repealing Council Regulation (EC) No 1083/2006 and Article 17 of Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council, and establishes the framework that makes it possible to carry out some projects that are legally subject to impact assessment Environmental issues related to aquaculture, fisheries and industry, as well as actions that could potentially affect Natura 2000 sites.

Similarly, Commission Implementing Regulation (EU) No 771/2014 of 14 July 2014 laying down, in accordance with Regulation (EU) No 508/2014 of the European Parliament and of the Council, on the Fund European Maritime and Fisheries rules, rules on the model for operational programmes, the structure of the compensation plans for the additional costs borne by operators for the fishing, breeding, processing and marketing of certain fishery and aquaculture products from the outermost regions, the model for transmission of financial data, the content of the ex ante evaluations reports and the minimum requirements of the assessment plan to be submitted in the framework of the European Maritime and Fisheries Fund, as set out in Annex I, which, among other documents, is The Environmental Strategic Assessment Report should be attached to the Programme.

The Strategic Environmental Assessment, by ordinary procedure, of the European Maritime and Fisheries Fund Operational Programme 2014-2020 has been carried out as set out in Articles 17 to 25 of the Law of Evaluation Environmental.

The main elements of the evaluation practiced are summarized below:

1. Program Information: Promoter and substantive organ, Scope, Justification and Object, Contemplated Measures and Scope.

Promoter and substantive organ: The promoter is the General Fisheries Management Directorate of the General Secretariat of Fisheries of the Ministry of Agriculture, Food and Environment, which acts, in turn, as a substantive body.

Scope, justification and purpose of the Programme: The scope of the 2014-2020 European Maritime and Fisheries Fund Operational Programme includes the implementation of the Common Fisheries Policy (CFP), the fisheries and aquaculture sector as a whole, including the activities of the extraction, production, processing and marketing of fishery and aquaculture products, as well as measures for the implementation of the Integrated Maritime Policy (IMP), throughout the national territory.

Their justification, objectives, criteria and approval are in accordance with Articles 5, 6, 10, 17 and 19 of Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Fund Maritime and Fisheries.

The content of the PO-EMFF 2014-2020 responds to the specific provisions of Article 18 of Regulation (EU) No 508/2014 and Annex I to Regulation (EU) No 771/2014 of 14 July 2014.

Measures envisaged: The PO-EMFF 2014-2020 is structured on 6 priority axes, divided into several specific objectives, within which the types of aid/financing measures are grouped:

Table 1. Priority axes, specific objectives and measures in which the PO-EMFF is structured:

1) Promoting environmentally sustainable, resource-efficient, innovative, competitive and sustainable fisheries based on knowledge through the following specific objectives

1.1 OE a) the reduction of the impact of fishing on the marine environment, which will include avoiding and reducing, to the extent of What is possible for unwanted catches;

1.1.1 Help the design and implementation of conservation and regional cooperation measures (Art. 37).

1.1.2 Limitation of the impact of fisheries on the marine environment and adaptation of fisheries to species protection (Article 38).

1.1.3 Innovation related to the conservation of marine biological resources (Art. 39).

1.1.4 Protection and recovery of marine biodiversity Collection of waste (Art. 40.1a).

1.1.5 Fishing ports, landing sites, longings and anchorages-Investments intended to facilitate compliance with the obligation to land all catches (Art. 43.2)

1.2 OE b) protection and recovery of the biodiversity and aquatic ecosystems;

1.2.1 Protection and recovery of biodiversity and marine ecosystems and compensation schemes in the framework of fishing activities (Art. 40.1.b-g, i).

1.3 OE c) the balance between fishing capacity and available fishing opportunities;

1.3.1 Definitive stop fishing activities (Article 34).

1.3.2 Aid to fishing opportunities allocation systems (Art. 36)

1.4 OE d) the promotion of competitiveness and the viability of businesses in the fisheries sector, including small-scale coastal fishing, and improvement of security and work conditions;

1.4.1 Advisory services (Art. 27)

1.4.2 Diversification and new forms of income (Art. 30)

1.4.5 Temporary cessation of fishing activities (Article 33).

1.4.6 Mutuality for climatic adversities and incidences (Art. 35).

1.4.7 Value added, quality of products and use of unwanted catches (Art. 42).

1.4.8 Fishing ports, landing sites and anchorages. Investments to improve the infrastructure of the fishing ports, the auctions, landing sites and anchorages, including investments in waste and marine waste facilities (Art. 43.1) and infrastructure to improve the safety of fishermen (Art. 43.3)

OE e) support for the consolidation of technological development, innovation, including the increase of energy efficiency, and transfer of knowledge;

1.5.1 Innovation (Art. 26)

1.5.2 Partnership between researchers and fishermen (Art. 28)

1.5.3 Efficiency and mitigation of climate change-Investments to Bordo (Art. 41.1).

1.5.4 Replacement or modernization of main or auxiliary engines (Art. 41.2)

1.6 OE f) the development of vocational training, new skills

1.6.1 Development of Human and Social Capital-Training, Networks, Social Dialogue (Art. 29.1)

 

1.6.2 Human and Social Capital Development-Bordo Training in Artisanal Fishing Vessels (Art. 29.3)

2) Promoting environmentally sustainable, resource-efficient, resource-efficient aquaculture competitive and knowledge-based through the following specific objectives

2.1 OE a) support for the consolidation of technological development, innovation and transfer of knowledge;

2.1.1 Innovation (Art. 47)

2.1.2 management, substitution and advisory services for aquaculture holdings (Art. 49)

2.2 OE b) the promotion of competitiveness and the viability of the aquaculture enterprises, including improvement of safety and working conditions, in particular of SMEs;

2.2.1 Productive investments in aquaculture (Art. 48.1 a-d, f-h)

2.2.2 Promotion of new sustainable aquaculture enterprises (Art. 52)

2.3 OE c) protection and recovery of aquatic biodiversity and the strengthening of ecosystems related to aquaculture and the promotion of efficient aquaculture in the use of resources;

2.3.1 Productive investments in aquaculture-Increase in aquaculture energy efficiency and renewable energy (Art. 48.1.k)

2.3.2 Productive investments in aquaculture Efficiency of resources, reduction of water and chemical use, recirculation systems (Art. 48.1.e, i, j).

2.3.3 Increase in the potential of aquaculture production areas (Art. 51).

2.3.4 Reconversion to environmental management and audit systems and ecological aquaculture (Art. 53

2.4 OE d) aquaculture with a high level of protection of the environment, and the promotion of health and animal welfare, and public health and protection;

2.4.1 Provision of environmental services by the aquaculture sector (Art. 54).

2.4.2 Measures of public health (Art. 55).

2.4.3 Animal health and welfare measures (Art. 56).

2.4.4 Insurance for aquaculture populations (Art. 57)

2.5.1 Promotion of human capital and work in the network (Art. 50)

3) Promote the implementation of the CFP through the following specific objectives

3.1 OE a) improvement and contribution of scientific knowledge as well as the best in the collection and management

3.1.1 Data Collection (Art. 77)

3.2 OE b) support for supervision, control and enforcement, institutional capacity enhancement and efficient public administration, without increasing administrative burden.

3.2.1 Control and Inspection (Art. 76)

4) Increase employment and territorial cohesion

4.1.1 Preparatory help (Art. 62.1a).

4.1.2 Application of local development strategies (including operating and animation costs) (Art. 63).

4.1.3 Cooperation activities (Art. 64)

Priority 5) Encourage marketing and transformation through the following specific objectives:

5.1 OE a) organization of markets in fishery and aquaculture products;

5.1.1 Production and marketing plans (Art. 66).

5.1.2 Storage aid (Art. 67).

5.1.3 Marketing Measures Creating Organizations (Art. 68).

5.1.4 Compensation scheme (Art. 70)

5.2 OE b) the incentive of investments in the sectors of transformation and marketing.

5.2.1 Transformation of fishery and aquaculture products (Art. 69)

6) Foster the application of the integrated maritime policy

6.1 OE a) Development and implementation of the Integrated Maritime Policy.

6.1.1 Integrated maritime surveillance (Art. 80.1a).

6.1.2 Improvement of knowledge of the state of the environment marine with a view to establishing control programmes and programmes of measures provided for in the Maritime Strategy Framework Directive (Art. 80.1c)

According to the Operational Programme, the total contribution of the EMFF planned for the 2014-2020 programming period is approximately EUR 1,162 million.

Scope: The geographical scope of the implementation of the European Maritime and Fisheries Fund Operational Programme 2014-2020 is the entire territory of Spanish sovereignty or jurisdiction where fishing, aquaculture and fishing activities are carried out. processing industry.

2. Most significant environmental elements: Potential negative impacts and corrective measures

The impacts foreseen through the 2014-2020 European Maritime and Fisheries Fund Operational Programme are derived from the implementation of actions that fall under the following financial measures:

Table n. º 2. foreseeable negative effects on the environment arising from some financial measures through the PO-EMFF 2014-2020:

Measure

Negative or unfavorable environmental

(EC) No 2052/2000

the European Union and of the European Union of the European Union and of the European Union Fishing ports, landing sites and anchorages. investments to improve the infrastructure of the fishing ports, the auctions, landing sites and anchorages, including investments in waste and marine waste facilities (Art. 43.1) and infrastructure to improve the safety of fishermen (Art. 43.3).

The construction, improvement or incorporation of new infrastructures within ports, landing sites and auction These can generate negative impacts:

Deterioration of coastal water quality in the areas cited.

Air pollution from new emissions of gaseous pollutants during the work phase.

Alteration of the landscape by the installation of new infrastructure.

Altering or deterioration of marine funds

1.3.1 Definitive stop of fishing activities (Art. 34).

The environmental effects resulting from this measure are highly positive, however, negative effects related to water and air pollution can be produced by inadequate management of water and air pollution. waste generated in the scrapping of fishing vessels and gear, as well as a landscape alteration

1.4.7 Added value, product quality, and use of unwanted catches (Art. 42).

The effects The negative effects of this measure are related to the production of waste and to investments on board ships that can increase energy consumption (higher emission of greenhouse gases, air pollution, etc.).

Productive Investments in Aquaculture (Art. 48.1 a-d, f-h).

2.2.2 Promotion of new sustainable aquaculture enterprises (Art. 52).

Most of the measures are aimed at increasing and diversifying production. which will induce "a priori" an increase in the negative impacts that aquaculture will produce in its sphere of influence:

Consumption of resources.

Water pollution.

Waste Production.

Escape Aloctonas or genetically modified species to the medium

2.3.1 Productive investments in aquaculture. Increase in energy efficiency and renewable energy (Art. 48.1.k).

2.3.2 Productive investments in aquaculture. Resource efficiency, water and chemical reduction, recirculation systems (Art. 48.1.e, i, j).

The negative effects result from the execution and exploitation of renewable energy systems (wind generator, solar panels, ...), for the implementation of energy efficiency measures or for the use of systems that reduce the use of water and chemicals.

Affections to biodiversity.

Soil Occupation

2.3.3 Increasing the potential of aquaculture production zones (Art. 51).

By new facilities in areas with host capacity it can be affected by biodiversity

2.3.4 Reconversion to environmental management and audit systems and ecological aquaculture (Art. 53).

The negative effects are derived from the need for occupy a larger area of land

2.4.3 Measures animal health and welfare (Art. 56 except for, c and f).

Deterioration of water quality by an increase in chemical substances in water motivated by disease treatments to eradicate

4.1.2 Application of local development strategies (including operating and animation costs) (Art. 63).

Negative effects if there is greater use of the natural resources of fishing and aquaculture areas

5.2.1 Transformation of fishery and aquaculture products (Art. 69).

The negative effects will depend on the transformation systems being used, producing then a possible deterioration in the quality of water and air in the areas of processing of fish and aquaculture products, an increase in waste, etc.

In any case, all activities that are developed within the framework of the operational program and that are subject to the environmental impact assessment procedure, according to Law 21/2013, of December 9, of evaluation They will have a detailed environmental analysis and the most appropriate environmental measures will be applied to mitigate the negative effects they generate on the environment.

On the other hand, the Promoter in the Strategic Environmental Study of the Operational Program also assumes a series of specific preventive and corrective measures to address these negative impacts.

The measures that will be applied for the protection of marine biodiversity and continental aquatic ecosystems, for the protection and protection of species, are extracted from the strategic environmental study. protected areas of Community interest and protected areas (Natura 2000 network, Marine reserves, specially protected areas of importance for the Mediterranean Sea-ZEPIM-Marine Protected Areas-OSPAR Convention-Wetlands Ramsar, etc.), as well as measures for mitigation and adaptation to climate change:

For Waste Management:

For projects or actions to be financed under the measure of Article 41.a "Waste collection", the classification of waste expected to be collected in accordance with the European Waste List (LER) and its destination shall be indicated. in accordance with the rules in force for each category.

For the protection of biodiversity:

In projects that opt for the measure of Article 48.1.b "Diversify aquaculture production and cultivated species" that aim to produce species covered by the Catalogue of Royal Decree 630/2013, 2 of August, for which the Spanish Catalogue of invasive alien species is regulated must be adopted in accordance with Art. 1.3 of that standard the necessary and appropriate measures to avoid its possible expansion to the natural environment, outside the authorized zones. In any event, Council Regulation (EC) No 708/2007 of 11 June 2007 on the use of alien species and locally absent species in aquaculture shall be taken into account.

Projects that opt for investments in fishing gear to improve the energy efficiency of Article 41.1 will take into consideration, in addition to reducing the selectivity of the art, reducing the impact of fishing gear in the the marine environment proposed in Article 38: equipment which will limit and, if possible, eliminate the physical and biological effects of fishing activities on the ecosystem or the seabed. In addition, all appropriate measures should be applied to avoid physical damage to protected predators. (mammals and birds).

In addition, the programme proposes as financial measures, as well as corrective measures for the protection of biodiversity, the following:

Promoting conservation and sustainable exploitation of biological resources in general.

Investment in equipment that increases selectivity in fishing gear.

Investment in equipment to eliminate the effects of fishing gear on ecosystems and the seabed.

Avoidance of damage to mammals and birds protected by the Habitats Directive and the Birds Directive in equipment investments to deter these species from fishing predation.

Promoting innovation to reduce the effects of fishing activity on the environment (improved fishing techniques, selectivity of the arts, coexistence with protected predators).

Collection of lost fishing gear and other marine debris.

Construction of facilities to protect and develop marine fauna and flora.

Promoting knowledge, management and conservation of marine biological resources, especially in the natural network 2000, marine protected areas under the Marine Strategy Framework Directive and other areas and habitats special.

Promoting the participation of fishermen in the protection and recovery of biodiversity.

Encourage actions to protect those fish resources that are overexploited.

Encourage the proper implementation of international biodiversity protection agreements.

Encourage the increase and development of Recovery Plans for threatened species and populations. Strict application of inspection and control measures for landings, as a measure of complementary and intensified environmental protection.

Measures to strike the balance between fishing capacity and the fishing opportunities available with permanent or temporary cessation of fishing activity.

Aid for the conservation and reproduction of aquatic animals ex situ in the framework of biodiversity conservation and recovery programmes.

Aid to aquaculture methods compatible with management requirements in Natura 2000 network spaces.

Aid for the conservation and improvement of biodiversity, and the management of the landscape and the traditional characteristics of aquaculture areas.

Control through the collection, management and use of observation data in the sea of commercial and recreational fisheries, including accidental catches (mammals, reptiles and marine birds).

Scientific campaigns of research at sea. Improved knowledge of stocks with less information (e.g. in the Canary Islands).

Improving data collection and management systems.

Investments in fisheries control and inspection equipment and technologies.

Improving knowledge of the state of the marine environment under the Marine Strategy Framework Directive.

Improving knowledge in aquaculture farms to reduce the impact on the environment and the sustainable use of resources in aquaculture.

Development of advisory services to aquaculture and audit systems and environmental management.

Promoting sustainable aquaculture and reconversion of production methods to organic aquaculture.

Encouraging investments in reducing the negative impact and improving the positive environment in aquaculture enterprises in relation to the use and quality of water and the use of chemicals.

Fostering the spatial planning of aquaculture in accordance with the capacity to host the environment.

For the protection of protected natural spaces (marine, coastal and continental) and cultural heritage:

Projects or actions that are specifically developed in Natura 2000 sites will be subject to an appropriate assessment of their impact on the site as provided for in Article 45 of Law 42/2007, of 13 June 2007. December, of the Natural Heritage and Biodiversity, as amended by the single article of Law 33/2015, of 21 September. It is recommended to follow in these cases the Guidelines for the elaboration of the environmental documentation necessary for the environmental impact assessment of projects with potential impact on the Natura 2000 Network of the General Directorate of Quality and Environmental and Natural Assessment of MAGRAMA.

Actions will be financed to facilitate the fulfillment of environmental objectives established in the international, national or autonomous areas, or to solve environmental problems in protected natural areas and actions to improve the state of conservation, and the capacity to renew natural resources, biodiversity, geodiversity and landscape.

Harnessing the financial and management capacity of the EMFF to develop large-scale innovative projects that have been successful in the demonstration phase, as approved and finalised projects co-financed by the Programmes LIFE-Environment and LIFE-Nature.

Application of measures related to the limitation of the impact of fishing on the marine environment of Article 38 with investment in equipment limiting or eliminating the physical impact on the seafloor for the protection of Benthic habitats, as well as the underwater archaeological means.

For climate change mitigation and adaptation:

Contribution to a mutual society for coping with climate adversities.

Encourage investment in ships to reduce polluting emissions and greenhouse gases and increase energy efficiency.

Audits and energy efficiency programs on ships. Engine replacement.

Encouraging investments to improve energy efficiency and the use of renewable energy in aquaculture enterprises.

Contribution to insurance for aquaculture populations to cope with climate adversities.

Aid for energy-saving investments in the processing industry of fisheries and aquaculture products.

Apply Strategies and/or Plans for Climate Change Mitigation and Adaptation, both nationally and autonomously, for the fisheries and aquaculture sector.

Aid investments in the processing of fishery and aquaculture products that save energy or reduce the impact on the environment, including the treatment of waste.

The promoter also commits in the Strategic Environmental Study of the PO-EMFF 2014-2020 to carry out an environmental analysis where the ecosystems that support fishing and aquaculture are identified and valued economically. This assessment will be carried out at present value and a forecast, based on the consequences of the implementation of the EMFF OP, in the future. As a reference we will take into account the project VANCE (Valuation of Natural Assets of Spain). MAGRAMA-University Alcala de Henares.

It can be said that the PO-EMFF itself has as its main objective to reduce the negative environmental effects of the fisheries sector, aquaculture and the processing industry, by financing measures or actions. within the framework of the European policy on sustainable development.

3. Main milestones of the environmental assessment procedure.

Date

Initial Document Entry

01/02/2015

previous queries

23/03/2015

Scope Document Approval

29/06/2015

Announcement Public Information (Official State Bulletin)

12/08/2015

Receiving the public information file on the environmental organ

16/09/2015

The documents associated with the main milestones of the environmental assessment procedure cited (Strategic Initial Document, Observations received in previous consultations, Scope Document, Strategic Environmental Study, Report on the comments received in the public information and version of the Programme after the public consultation) can be found on the Internet through the "SABIA" ("Plans and Programmes Consultation" section) of the Ministry of Education. Agriculture, Food and the Environment, in the electronic address: http://www.magrama.gob.es/es/ http://www.magrama.gob.es/es/. To facilitate the search in this application, the code of the environmental assessment dossier of the 2014-2020 European Maritime and Fisheries Fund Operational Programme, which is 2015P006, can be used.

Additional information on the Operational Programme can be found at the Ministry's e-mail address: http://www.magrama.gob.es/es/pesca/temas/fondos-europeos/participacion_publica_en_programa_operativo.aspx

4. Results of the queries and public information made.

In compliance with Article 19 of the Environmental Assessment Act, consultations were held with the public authorities concerned and the persons concerned during the months of March, April and May 2015, and the result of which may be See the Scope Document.

The Strategic Environmental Study of the Operational Program was made based on the indications contained in the Scope Document and, from August 13 to September 10, 2015, along with an initial version of the Program. Operational, in compliance with the provisions of Articles 21 and 22 of the Environmental Assessment Act. Given the need to be able to present the OP to the European Commission for approval as soon as possible, by 30 July 2015, the Directorate-General for Fisheries Management agreed to apply to the public information procedure provided for in the Article 21 of Law 21/2013, the urgency procedure, by which the deadline set at half, that is, 23 working days, will be reduced, in accordance with the provisions of Article 50 of Law 30/1992, of 26 November, of Legal Regime of the public authorities and the common administrative procedure, to be counted from the day following the publication of the notice in the "Official State Gazette". It was published in the "BOE" n. 192 of 12 August 2015.

Document Annex I: Result of the processing of public information and consultation of administrations and potential stakeholders of the EMFF Operational Programme and its strategic environmental study and its consideration, summarises the allegations received, a total of 8 and as has been taken into consideration, is available on the website of the Ministry of Agriculture, Food and Environment.

Of these, the report of the Directorate-General for Natural Environment and Protected Spaces of the Department of Environment and Regional Planning of the Regional Government of Andalusia, concerning the operational programme, was received on 14 July. of September 2015, and as the promoter considered was out of term, did not take it into account. However, this report has been considered to have been considered to be relevant to what was relevant to what has been included in this statement.

5. Environmental determinations.

The Operational Programme for Spain 2014-2020 is, in essence, a distribution programme for the European Maritime and Fisheries Fund (EMFF), allocated to the General Administration of the State.

The implementation of the Common Fisheries Policy (CFP), the sustainable development of fisheries and aquaculture areas and the Integrated Maritime Policy (IMP) during the 2014-2020 programming period will be financed through the EMFF. contribute to the Europe 2020 strategy, which aims to create a smart, sustainable and inclusive growth model.

Therefore, the PO-EMFF is an environmentally positive programme, however, the implementation of it through some operations or actions can result in certain negative effects on the environment, which requires its prevention and correction. Therefore, the Promoter assumes a series of commitments that will mitigate them, as described in paragraph 2 of this Strategic Environmental Statement.

In any case, in addition to these commitments and the fruit of the analyses and the public information and consultation carried out, the environmental body makes the following considerations:

On environmental goals:

Extend the environmental objectives that have been defined for the transitional, coastal and marine waters, inland waters (surface and inland groundwater), for those actions or activities that are supported within the framework of this Program and develop in continental waters.

Among the environmental objectives must be considered the maintenance and control of the fishing stocks, establishing at each moment the most appropriate fishing quotas, with scientific and expert criteria, in addition to criteria environmental, social and economic. On the other hand, fishing quotas will be given preference to vessels using sustainable or low-impact fishing gear.

About selecting operations:

The selection of operations that will ultimately fund or subsidise the PO-EMFF should take into account that the new Multiannual Financial Framework, for the same period 2014-2020 in which it is to be implemented, provides that development sustainable, in any case, will be a horizontal principle applicable to all policies developed by the Member States, as provided for in Article 3 of the Treaty on European Union.

In addition, Article 8 of Regulation 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on European funds provides that the Member States of the European Union The European Union and the Commission shall ensure that, in the preparation and implementation of the programmes, the requirements for environmental protection, efficiency in the use of natural resources, protection of biodiversity and increase in the use of natural resources are promoted. ability to adapt to disasters and risk prevention and management.

Very specifically, this Regulation refers to climate change as it establishes that its mitigation and adaptation to it constitute itself a cross-cutting objective that will be present in the preparation, programming, implementation, monitoring and evaluation of all funds.

In addition, based on various European environmental strategies in place, projects with European funding must respect other sustainability criteria, such as:

a) Sustainable use of natural resources Strategy: A Europe that effectively uses resources-The flagship initiative of the Europe 2020 Strategy [COM (2011) 571].

b) Prioritization of measures involving lower consumption or energy saving and the imposition of renewable energy European Strategy 2020 [COM (2010) 2020].

c) Reduction in air pollution (Thematic Strategy on Air Pollution [COM (2005) 446].

d) Stopping the biodiversity loss EU Strategy on biodiversity until 2020: our life and natural capital insurance [COM (2011) 244].

e) Protection, management and management of the landscape and promotion of actions involving the protection and enhancement of cultural heritage (European Landscape Convention: The European Landscape Convention came into force on 1 January 1998). March 2004. Spain has ratified the said Convention on 26 November 2007 ("BOE" of 5 February 2008).

f) Protection of biodiversity and ecosystem services. EU biodiversity strategy up to 2020 [COM (2011) 244 final].

g) Protection of the coast by promoting sustainable development and integrated coastal zone management (COM (2000) 547 final).

h) Prevent and significantly reduce marine pollution, minimize the effects of ocean acidification and regulate fishing activity to sustainably protect marine ecosystems and coastal. (Objective 14-United Nations Sustainable Development Goals, 2015).

Therefore, in the selection of operations in the PO-EMFF framework, those operations that comply must be prioritized:

Those operations for which the submission to an environmental treatment is not necessary, as required by Law 21/2013, of December 9, of Environmental Assessment.

The consideration of precautionary and precautionary principles and precautionary measures that minimize negative effects on the environment.

The correction and compensation of environmental impacts that cannot be eliminated "a priori".

Minimizing the consumption of natural resources (energy, water, etc.).

The performance according to the best possible scientific knowledge and best environmental practices.

The application of the "Who pollutes, pays" principle.

The contribution to mitigation and adaptation to climate change.

In addition to all of the above, the general environmental criteria for the selection of financial actions taken in the Strategic Environmental Study will be taken into account.

In the specific case of investments requested for improvements to existing infrastructure in ports, longings, landing sites, anchorages and aquaculture facilities, as well as new facilities In addition to the above criteria, it should be noted that:

Within the same investment priority, those operations will be favored for which either the submission to an environmental treatment is not necessary or it has already been concluded with an Environmental Impact Statement. favourable, as provided for in Law 21/2013 of 9 December of Environmental Assessment.

In the case of debugging operations, it will be verified, by the Competent Authority of the Hydrographic Demarcation where they are located, their compatibility respectively with the Flood Risk Management Plan and with the Hydrological Plan, as well as with the specifications of their respective Strategic Environmental Declarations.

In the case of new aquaculture facilities, the methodologies developed by FAO, 2010 (Global Gateway to Geographic Information Systems, Remote Sensing and Mapping for Fisheries and Aquaculture: www.fao.org/fishery/gisfish) to find the best possible location by integrating environmental, social and economic criteria.

Investments will be prioritized for new aquaculture facilities or improvement of existing ones in those offering eco-labelled products.

Measure 1.3.1 "Final cessation of fishing activities" (Art. 34) " consider the following selection criteria:

Prioritize the application of the measure on vessels that use fishing gear that cause a greater impact on marine ecosystems.

Prioritize the application of the measure on older vessels in the fishing fleet, which cause more pollution over water and air.

For measure 1.5.4 " Replacement or modernization of main or auxiliary engines (art. 41.2) " to promote the adaptation of engines to the use of biofuels and to promote projects that encourage the use of alternative energies on board ships to reduce greenhouse gas emissions (photovoltaic, wind-use energy, etc.). candles to aid propulsion and save on the use of organic fuels, etc.).

About the effects on the Natura 2000 network and protected spaces:

Performances that affect catalogued spaces with some protection figure, such as the Natura 2000 Network (LIC, ZEC and ZEPA), Marine Protected Areas (OSPAR Convention), Wetlands of International Importance (list) RAMSAR), Marine Reserves and other figures set out in Law 42/2007, of 13 December, of Natural Heritage and Biodiversity (as amended by Law 33/2015 of 21 September), will have to undergo a specific assessment to be carried out in accordance with the basic state legislation and the additional of the Autonomous Communities where it is localize, without compromising the conservation objectives of the sites.

If the conclusion of this assessment is negative, the requirements set out in Law 33/2015, in its single article, paragraph thirty and one, for which Article 45 of the Law is amended, must be complied with. 42/2007, of 13 December, of Natural Heritage and Biodiversity, as they are, in the absence of alternatives, for imperative reasons of public interest of the first order and that they take all the compensatory measures necessary for ensure that the overall coherence of the Natura 2000 network is ensured.

For the selection of projects, under the Operational Programme, and in particular for those located in the Natura 2000 Network, in addition to the selection criteria set out in Regulation (EU) No 508/2014, consider:

The compatibility of the planned actions with the Protected Space Management Plan.

The contribution to maintaining a favourable conservation status for natural ecosystems and, in particular, habitats and species that are the subject of conservation.

The contribution to biodiversity conservation and the maintenance of ecosystem services.

In any case, it will be avoided as far as possible, to locate structural actions (facilities or infrastructures) within these spaces, but in case they arise in these spaces and not having an impact on The following determinations shall be taken into account (after their corresponding environmental impact assessment):

It should be for the use of green infrastructure.

Within the scope of the ZEPA (Special Bird Protection Zones), the effects of the works must be analyzed during the periods of reproduction and breeding, if necessary, the works will be restricted.

You should opt for those alternatives that minimize the presence of permanent elements within the scope of the LIC (Places of Community Importance).

Outside the scope of the sites declared as belonging to the Natura 2000 Network, the permanent occupation and condition of the types of habitats of Community interest of a priority nature, such as peatlands, should be minimised. dunar systems, coastal lagoons, ocean Posidonia prairies, etc.

In addition, actions whose main objective is the preservation of protected areas that act as positive elements for the good state of the fishery resources will be strengthened as much as possible.

In the case of aquaculture facilities, whether sea or land, action protocols should be put in place for the prevention and mitigation of possible escapes of non-indigenous species in the environment, with special emphasis on attention to protected spaces.

In relation to the actions to be financed under the measure of article 34 permanent cessation of fishing activities involving the scrapping of fishing boats, will be carried out according to the future EU regulation specific on the recycling of ships (COM/2012/0118) based on the Hong Kong Convention, as well as the waste generated must comply with the existing rules.

On Environmental Tracking:

The substantive body should carry out periodic monitoring of the main effects of the implementation of the Operational Programme on the environment for which it will implement environmental monitoring measures in accordance with the with the principles of sustainability and environmental objectives and indicators that have been proposed during the environmental evaluation of the Program and indicated in Chapter 4 and Annex II of the Scope Document, as well as in the Environmental Study Strategic.

The following indicators will also be considered within the Operational Program:

Priority or priority axis 1 will also include:

Number of funded measures related to the conservation and maintenance of threatened species and other species of interest for biodiversity, as well as to improve ecological connectivity in the marine and coastal environment; and especially between the network of protected spaces.

Number of measures funded through the OP in relation to the control and eradication of invasive aloctony species.

Priority 2 will include:

Number of aquaculture projects for the conservation and promotion of indigenous species.

Priority 6 will include:

Number of maritime spatial sorting projects.

Number of integrated coastal zone management projects.

Number of climate change adaptation projects.

And will be added to the indicators related to the marine ecosystem, the coastal ecosystem, so that these indicators encompass not only the marine ecosystem but also the coastal areas, for the knowledge of all actions to be financed for the conservation and improvement of these ecosystems. Example: Number of projects to protect and improve knowledge of the marine and coastal environment.

With regard to the PO-EMFF Follow-up Committee 2014-2020, the presence of all partners referred to in Article 5 of Regulation (EU) No 1303/2013, in particular of the partners, should be ensured in that Committee. environmental partners and the Spanish Office for Climate Change.

In line with this environmental determination, the Intermedial Bodies collected in the Operational Programme must be updated before final approval.

Accordingly, according to the common strategic environmental assessment practiced under Section 1 of Chapter I of Title II of the Environmental Assessment Act, a favorable strategic environmental statement of the Operational Programme of the European Maritime and Fisheries Fund 2014-2020, concluding that, in compliance with the environmental requirements resulting from the present Strategic Environmental Declaration, no significant adverse impacts will occur.

This Resolution will be made public through the Official State Gazette and the website of the Ministry of Agriculture, Food and Environment (http://www.magrama.gob.es/es/)), which should be understood as not exempting the obtain the environmental authorisations that are legally enforceable.

In accordance with Article 25.4 of the Environmental Assessment Act, no recourse shall be made against the strategic environmental declaration, without prejudice to those who, if necessary, proceed in court in the light of the provision of a general character that has approved the plan or programme or of those who proceed in administrative or judicial way in the event of adoption or approval of the plan or programme.

Madrid, October 8, 2015. -Secretary of State for the Environment, Pablo Saavedra Inaraja.