Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-11386
Evaluation environmental strategic (EAE), regulated by the law 21/2013, 9 December, environmental assessment, has as main aim the integration of environmental aspects in public planning. It is avoid, since the early stages of their conception, that the actions provided for in a Plan or programme can cause adverse effects on the environment.
According to article 6 of the environmental assessment Act, will be subject to a regular strategic environmental assessment, among other assumptions, the plans that are adopted or approved by a Government whose elaboration and adoption come demanded by a legal or regulatory provision and that, either to provide the framework for the future approval of projects legally subject to environmental impact assessment and refer among others to aquaculture fishing, industry, transport, waste management, water resources management, occupation of the terrestrial maritime public domain, use of the marine environment, management of urban and rural territory, etc.; or you require an assessment by affect Natura 2000 network areas in the terms provided in the law 33/2015, of 21 September, amending the law 42/2007, of December 13, of Natural Heritage and biodiversity.
This is the case of operating the program fund European maritime and fisheries 2014-2020 (PO-FEMP) whose elaboration is required in article 26 of Regulation (EU) No. 1303/2013del European Parliament and of the Council of 17 December 2013, laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund the European agricultural fund for Rural development and the European Fund for maritime and fisheries, and whereby settle down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and to the maritime Fund and of fishing, and repealing Regulation (EC) No. 1083 / 2006 of the Council; and in article 17 of Regulation (EU) No. 508/2014 European Parliament and of the Council of 15 may 2014 the European Fund for maritime and fishing, and that repealing Regulations (EC) No. 2328 / 2003, (EC) No. 861/2006, (EC) No. 1198 / 2006 and (EC) No. 791/2007 of the Council and Regulation (EU) No. 1255 / 2011 of the European Parliament and of the Council , and sets out the framework which allows the realization of some projects legally subject to environmental impact assessment related to aquaculture and fishing industry; as well as actions that could potentially affect the Natura 2000 network areas.
In the same way, implementing Regulation (EU) No. 771/2014 of the Commission of 14 July 2014, which lays down, in accordance with the Regulation (EU) No. 508/2014 of the European Parliament and the Council, concerning the European Fund for maritime and fishing, standards for the model for the operational programmes, the structure of the plans to compensate for the additional costs that support operators by fishing breeding, processing and marketing of certain products of fishing and aquaculture of the outermost regions, the model for the transmission of financial data, the content of evaluation reports ex ante and the minimum requirements of the evaluation plan which must be presented within the framework of the European Fund for maritime and fisheries, indicated in annex I , which, among other documentation, should be attached to the program strategic environmental assessment report.
The strategic environmental assessment by ordinary procedure, operating the program fund European maritime and fishing 2014-2020 has been made according to what laid down in articles 17 to 25 of the environmental assessment Act.
The main elements of the practiced evaluation are summarized below: 1. program information: promoter and substantive authority, scope, justification and object, referred to measures and scope.
Promoter and substantive organ: the promoter is the General direction of management fisheries of the Secretariat General of fisheries of the Ministry of agriculture, food and environment, which acts, in turn, as a substantive body.
Scope, rationale and purpose of the programme: programme operating the Fund European maritime and fishing 2014-2020 includes the implementation of the common fisheries policy (CFP), the fisheries sector and aquaculture as a whole, including the activities of extraction, production, processing and marketing of fisheries and aquaculture products, as well as the implementation of the integrated maritime policy (PMI) measures , throughout the national territory.
His justification, objectives, criteria and approval respond to specified articles 5, 6, 10, 17 and 19 of the Regulation (EU) No. 508/2014 of the European Parliament and of the Council, on May 15, 2014, on the European Fund for maritime and fishing.
The contents of the PO-FEMP 2014-2020 responds to what specific article 18 of the aforementioned Regulation (EU) No. 508/2014 and to annex I to Regulation (EU) No. 771/2014, July 14.
Measures envisaged: the PO-FEMP 2014-2020 is structured in 6 priority axes, divided in turn into several specific objectives, within which are grouped the types of eligible aid/measures: table no. 1. Priorities, specific objectives and measures in which the PO-FEMP is structured: priority 1) promote a fishing sustainable from the point of view environmental, efficient in the use of resources, innovative, competitive and based on the knowledge through the following specific objectives.
(1.1 OE to) the reduction of the impact of fishing on the marine environment, including prevent and reduce, to the extent possible unwanted catches;
1.1.1. aid to the conception and implementation of measures for the conservation and regional cooperation (Art. 37).
1.1.2 limitation of the impact of fishing on the marine environment and adaptation of fishing to protect species (article 38).
1.1.3 innovation related to the conservation of marine biological resources (Art. 39).
1.1.4 protection and recovery of waste collecting marine biodiversity (Art. 40.1a).
1.1.5 fishing ports, landing sites, auctions and anchorages - investments to facilitate the fulfilment of the obligation to land all catches (Art. 43.2).
(OE 1.2 b) the protection and recovery of biodiversity and aquatic ecosystems;
1.2.1 protection and recovery of biodiversity and marine ecosystems and schemes of compensation in the framework of fishing activities (Art. 40.1. b-g, i).
(OE 1.3 c) the balance between fishing capacity and available fishing opportunities;
1.3.1. the permanent cessation of fishing activities (article 34).
1.3.2 support systems of allocation of fishing (Art. 36) opportunities.
(OE 1.4 d) the promotion of the competitiveness and the viability of the companies in the fisheries sector, including small-scale coastal fisheries, and improvement of safety and working conditions;
1.4.1 (Art. 27) Advisory services 1.4.2 diversification and new forms of income (Art. 30) 1.4.3 initial support to young fishermen (Art. 31).
1.4.4 health and safety (Art. 32).
1.4.5. temporary cessation of fishing activities (article 33).
1.4.6 mutuality to climatic adversities and environmental incidents (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 that improve infrastructure of the fishing ports, slices, landing places and anchorages, including investments in waste and marine debris (Art. 43.1) and infrastructure facilities to improve the safety of fishermen (Art. 43.3).
(OE 1.5 e) support for the consolidation of technological development, innovation, including the increase of energy efficiency, and the transfer of knowledge;
1.5.1 innovation (Art. 26) 1.5.2 partnership between researchers and fishermen (Art. 28) 1.5.3 efficiency and climate change mitigation - investments on Board (Art. 41.1).
1.5.4 replacement or modernization of main or auxiliary engines (Art. 41.2).
(OE 1.6 f) the development of vocational training, new skills and lifelong learning.
1.6.1 promotion of human and Social Capital - formation, networks, dialogue Social (Art. 29.1).
1.6.2. promotion of human and Social - Capital formation on Board (Art. 29.3) artisan fishing vessels.
Priority 2) promote aquaculture sustainable from the point of view environmental, efficient in the use of resources, innovative, competitive and based on the knowledge through the following specific objectives.
(2.1 OE to) support for the consolidation of technological development, innovation and knowledge transfer;
2.1.1 innovation (Art. 47) 2.1.2 services management, replacement and counseling for farms aquaculture (Art. 49).
(2.2 OE b) the promotion of the competitiveness and the viability of aquaculture enterprises, including the improvement of security and conditions of work, in particular of SMEs;
2.2.1 productive investments in aquaculture (article 48.1 a-d, f-h) 2.2.2 development of new enterprises (Art. 52) sustainable aquaculture.
(2.3 OE c) the protection and recovery of aquatic biodiversity and the empowerment of the ecosystems related to aquaculture and promotion of efficient aquaculture in the use of resources;
2.3.1. productive investments in aquaculture - increase of energy efficiency and renewable energy (article 48.1. k) 2.3.2 productive investments in aquaculture efficiency of resources, reducing the use of water and chemicals, recirculation systems (article 48.1. e, i, j).
2.3.3 increased potential of the zones of production aquaculture (Art. 51).
2.3.4 environmental management and audit systems and conversion to organic aquaculture (Art. 53).
(OE 2.4 d) the promotion of aquaculture with a high level of protection of the environment, and the promotion of the health and welfare of animals, and of public health and protection;
2.4.1 provision of environmental services for the sector of aquaculture (Art. 54).
2.4.2. measures of public health (Art. 55).
2.4.3. measures of health and animal welfare (Art. 56).
2.4.4 insurance stocks aquaculture (Art. 57).
(2.5 OE e) the development of vocational training, new skills and lifelong learning.
2.5.1. promotion of human capital and work in the network (Art. 50).
Priority 3) promote the application of the CFP through the following specific objectives.
(3.1 OE to) improve and the contribution of scientific knowledge as well as the best in the collection and management of data;
3.1.1. compilation of data (Art. 77).
(OE 3.2 b) support to the monitoring, control and enforcement, the strengthening of institutional capacity and an efficient public administration, without increasing the administrative burden.
3.2.1 control and inspection (Art. 76).
Priority 4) increase employment and territorial cohesion.
4.1 OE promotion of economic growth, social inclusion, job creation and support for employability and employment in coastal communities and indoor mobility dependent on fisheries and aquaculture, including the diversification of the activities carried out within the framework of the fisheries and other sectors of the maritime economy.
4.1.1. Preparatory assistance (Art. 62.1a).
4.1.2 implementation of local development strategies (including the costs of operation and animation) (Art. 63).
4.1.3. activities of cooperation (Art. 64).
Priority 5) encourage the marketing and processing through the following specific objectives: 5.1 OE to) improving the Organization of markets in fisheries and aquaculture products;
5.1.1. plans of production and marketing (Art. 66).
5.1.2. aid for the storage (Art. 67).
5.1.3 measures marketing creation-producing organizations (Art. 68).
5.1.4 regime of compensation (Art. 70).
(OE 5.2 b) the incentives for investments in the processing and marketing sectors.
5.2.1 processing of products of fishing and aquaculture (Art. 69).
Priority 6) promote the application of the integrated maritime policy.
(6.1 OE to) 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 marine environment with a view to establish control programmes and the programmes of measures under the marine strategy framework directive (Art. 80.1c).
According to the operational programme, the total contribution of the FEMP planned for the 2014-2020 programming period is approximately 1.162 billion euros.
Scope: The geographical scope of operating the program fund European maritime and fishing 2014-2020 is the whole sovereignty or Spanish jurisdiction where the fishing, aquaculture and the processing industry to develop.
2. most significant environmental elements: potential impacts negative and measures corrective impacts are expected through the program operating the Fund European maritime and fishing 2014-2020 are derived from the implementation of actions encompassing the following funding measures: table no. 2. Foreseeable negative effects on the environment arising from some eligible measures through the PO-FEMP 2014-2020: measured bankable environmental effects negative or unfavorable 1.1.5 fishing ports, landing sites, auctions and anchorages - investments to facilitate the fulfilment of the obligation to land all catches (Art. 43.2) 1.4.8 fishing ports, landing sites and anchorages. investments that improve infrastructure of the fishing ports, slices, landing places and anchorages, including investments in waste and marine debris (Art. 43.1) and infrastructure facilities to improve the safety of fishermen (Art. 43.3).
The construction, improvement or addition of new infrastructure inside ports, landing sites and existing slices can generate negative impacts: deterioration of the quality of coastal water in the aforementioned areas.
Air pollution by new emissions of polluting gases during the work phase.
Alteration of the landscape by the installation of new infrastructure.
Alteration or deterioration of seabed.
1.3.1. the permanent cessation of fishing activities (Art. 34).
The environmental effects arising from this measure are highly positive, however, can cause negative effects related to water and air pollution due to inadequate management of the waste generated in the dismantling of ships and fishing tackle, as well as an alteration of the landscape.
1.4.7 value-added, quality of products and use of unwanted catches (Art. 42).
The negative effects arising from this measure are related to the production of waste and for investments on board vessels that can increase power consumption (greater emission of greenhouse gases, pollution of the air, etc.).
2.2.1 productive investments in aquaculture (article 48.1 a-d, f-h).
2.2.2 development of new enterprises (Art. 52) sustainable aquaculture.
Most of the measures are aimed at increasing and diversifying production which will induce "a priori" an increase of the negative impacts that aquaculture will result in its sphere of influence: resource consumption.
Contamination of the water.
Production of waste.
Escape from alien or modified species genetically to the middle.
2.3.1. productive investments in aquaculture. Increased energy efficiency and renewable energy (article 48.1. k).
2.3.2 productive investments in aquaculture. Resource efficiency, reducing the use of water and chemicals, recirculation systems (article 48.1. e, i, j).
The negative effects are derived from the implementation and operation of renewable energy systems (wind generator, solar panels,...), by the implementation of energy efficiency measures or by the use of systems that reduce the use of water and chemicals.
Occupation of the soil.
2.3.3 increased potential of the zones of production aquaculture (Art. 51).
For new installations in areas with capacity can affect biodiversity.
2.3.4 environmental management and audit systems and conversion to organic aquaculture (Art. 53).
The negative effects are derived from the need to occupy a larger area of land.
2.4.3. measures of health and animal welfare (Art. 56 except a, c and f).
Deterioration of the quality of the water by an increase of chemical substances in the water-driven diseases treatments to eradicate.
4.1.2 implementation of local development strategies (including the costs of operation and animation) (Art. 63).
Negative effects if there is one major natural resource of fisheries and aquaculture use.
5.2.1 processing of products of fishing and aquaculture (Art. 69).
The negative effects will depend on the systems of transformation used, then producing a possible deterioration of the quality of the water and the air in the areas of processing of fishery products and aquaculture, an increase of waste, etc.
In any case, the activities that are developed within the framework of the operational programme and that are subject to the procedure of environmental impact assessment, according to the law 21/2013, December 9, environmental assessment, will have a detailed environmental analysis and apply the most appropriate environmental measures to alleviate the negative effects that generate environmental.
On the other hand, the promoter in the study environmental strategic of the operational programme also assumes a series of specific preventive and corrective measures to address these impacts.
Below are extracted from the strategic environmental study measures that will be applied for the protection of marine biodiversity and inland aquatic ecosystems, for the protection and safeguarding of protected species, of the habitats of Community interest and the protected areas (Natura 2000 network, marine reserves, specially protected areas of importance for the Mediterranean - SPAMI - sea (, Marine protected areas - OSPAR Convention - Ramsar wetlands, etc.), as well as measures for mitigation and adaptation to climate change: for the management of waste: in projects or actions that are funded according to the measure of the article 41st «Collected waste» shall indicate the classification of waste which is expected to pick up according to the European list of waste (LER) and its destination according to the regulations for each category.
For the protection of biodiversity: projects who choose tailored to article 48.1. b 'Diversify the production aquaculture and cultivated species' designed to produce species referred to in the catalogue of Royal Decree 630/2013, 2 August, which regulates the Spanish species catalogue invasive alien should be adopted as article 1.3 of such standard necessary and appropriate measures to prevent its possible expansion to the natural environment outside of authorized areas. Any case will take into account Regulation (EC) No. 708/2007 of 11 June 2007 Council on the use of alien species and locally absent in aquaculture species.
Projects that qualify for investment in fishing gear to improve the energy efficiency of article 41.1 shall also be considered, that does not reduce the selectivity of the art, the reduction of the impact of fishing gear in the marine environment proposals in article 38: teams that limit and, if possible, eliminate the physical and biological effects of fishing activities on the ecosystem or the seabed. In addition, all appropriate measures shall apply to avoid physical damage to protected predators. (mammals and birds).
Also the program proposed as eligible measures, as well as corrective for the protection of biodiversity, the following: general promotion of measures for the conservation and sustainable exploitation of biological resources.
Investment in equipment that increase selectivity in fishing nets.
Investment in equipment to eliminate the effects of fishing on ecosystems and the sea bottom nets.
Avoidance of damage to mammals and birds protected by the Habitats Directive and the birds directive on investments in equipment to deter these species from the predations of fishing.
Promoting innovation to reduce the effects of fishing 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 installations intended to protect and develop marine flora and fauna.
Promotion of knowledge, management and conservation of marine biological resources especially in the natura 2000 network, marine protected areas under the marine strategy framework directive and other spaces and special habitats.
Promotion of the participation of the fishermen in the protection and recovery of biodiversity.
Promote action aimed at the protection of those fish stocks that are overexploited.
Promote adequate compliance with international agreements for the protection of biodiversity.
To promote the increase and development of recovery plans for species and endangered populations. Strict application of inspection and control measures of landings, as environmental protection complementary and booster.
Measures to achieve the balance between fishing capacity and available fishing opportunities fishing activity temporary or permanent cessation.
Contributions to conservation and reproduction ex situ aquatic animals in the framework of programmes of conservation and restoration of biodiversity.
Aid to aquaculture methods compatible with the requirements of management in areas of the Natura 2000 network.
Aid for the conservation and enhancement of biodiversity, and management of the landscape and traditional features of aquaculture zones.
Control through the collection, management and use of the observation data in the sea of commercial and recreational fishing, including bycatch (marine mammals, reptiles and birds).
Scientific research at sea campaigns. Improvement of the knowledge of stocks with less information (e.g. in the Canary Islands).
Improvement of the systems of collection and management of data.
Investments in equipment and technology of control and inspection of fishing.
Improvement of the knowledge of the State of the marine environment under the framework of the marine strategy directive.
Improvement of knowledge on aquaculture farms to reduce the impact on the environment and the sustainable use of resources in aquaculture.
Promotion of advisory services to aquaculture farms and of auditing and environmental management systems.
Development of new enterprises sustainable aquaculture and conversion of organic aquaculture production methods.
Promotion of investments to reduce the negative impact and improve the positive on the environment in aquaculture enterprises in relation to the use and quality of water and the use of chemicals.
Promotion of spatial management of aquaculture as the capacity of the medium.
For the protection of protected natural areas (marine, coastal and continental) and cultural heritage: projects or activities specifically carried out in areas of the Natura 2000 network shall be subject to appropriate assessment of its implications in the workplace as required by article 45 of law 42/2007, of December 13, of the Natural Heritage and biodiversity as amended by the single article of law 33/2015, of 21 September. He is recommended in these cases follow the guidelines for the preparation of the environmental documentation required for the evaluation of environmental impact of projects with potential condition to the Natura 2000 network of the Directorate General of quality and environmental assessment and Natural Environment of the MAGRAMA.
Actions that facilitate compliance with environmental objectives in the fields of international, national and regional, or give solution to environmental problems in protected natural areas and actions that improve the State of conservation, and capacity for renewal of natural resources, biodiversity, geodiversity and landscape will finance.
Take advantage of the FEMP management and financial capacity to develop innovative projects that have been successful in phase of demonstration, as projects approved and finalized joint financed by the LIFE programme-environment and LIFE-nature on a large scale.
Implementation of measures relating to the limitation of the impact of fishing on the marine environment of article 38 with investment in equipment that limit or eliminate the physical impact on the seabed to protect benthic habitats, as well as between archaeological underwater.
For mitigation and adaptation to climate change: contribution to a mutual insurance company to deal with climatic adversity.
Promote investments in vessels to reduce emissions of pollutants and greenhouse gases and improve energy efficiency.
Audits and programs of energy efficiency on ships. Replacement of engines.
Promotion of investments to improve energy efficiency and use of renewable energies in aquaculture enterprises.
Contribution to an insurance policy for aquaculture stocks to cope with climatic adversity.
Help investments that save energy in the processing of products of fishing and aquaculture industry.
Apply strategies and/or plans relating to mitigation and adaptation to climate change, both national and regional, in the fisheries and aquaculture sector.
Support investment in the industry of processing of the products of fishing and aquaculture to save energy or reduce the impact on the environment, including the treatment of waste.
The promoter undertakes also in the study environmental strategic of the PO-FEMP 2014-2020 environmental analysis where are identified and economically valued ecosystems that support fisheries and aquaculture. This assessment will take place at current value and a forecast, based on the consequences of the application of the FEMP PO, in the future. As reference will take into account the project VANE (valuation of natural assets of Spain). MAGRAMA-Universidad Alcalá de Henares.
We can say that own PO-FEMP has as its main objective to reduce the negative environmental effects of fisheries, aquaculture and the processing industry, through the funding of measures or actions attached to it, within the framework of the European policy of sustainable development.
3. the main milestones of the environmental assessment procedure.
Procedure entry date of the initial document strategic 01/02/2015 home of prior consultations 23/03/2015 approval document of reach 29/06/2015 ad public information (Official Gazette) 12/08/2015 reception of public information on the environmental organ record 16/09/2015 associated documents to the main milestones of the environmental assessment procedure mentioned (document initial strategic (, Comments received in prior consultations, scope document, strategic environmental study report on the comments received in the public information and Version of the program after the public consultation) can be accessed online via the «Wise» («Consultation of plans and programmes» section) of the Ministry of agriculture, food and environment, in the e-mail address: http://www.magrama.gob.es/es/. To facilitate your search in this application, you can use the code of the record of environmental assessment program operating the Fund European maritime and fishing 2014-2020, which is the 2015P006.
Additional information on the operational programme can be found on the electronic address of the Ministry: http://www.magrama.gob.es/es/pesca/temas/fondos-europeos/participacion_publica_en_programa_operativo.aspx 4. Results of the consultations and carried out public information.
Pursuant to article 19 of the environmental assessment Act, were conducted consultations with affected Governments and the people concerned during the months of March, April and may, 2015 and whose result can be found in the scope document.
Study environmental strategic of the operational programme was carried out from the indications contained in the document scope and, from August 13 to September 10, 2015, along with an early version of the operational programme, in compliance of that laid down in articles 21 and 22 of the environmental assessment Act. Given the need to present as soon as possible the PO to the European Commission for approval, dated 30 July 2015, agreed to the General direction of management fishing apply the public information procedure laid down in article 21 of the law 21/2013, the processing of urgency, for which the deadline shall be reduced to half i.e. 23 working days, as foreseen in article 50 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, counting from the day following the publication of the notice in the «Official Gazette». He was published in the «Official Gazette» No. 192, 12 August 2015.
Attached document result I: of the formality of public information and consultation to local authorities and interested parties of the FEMP program operational and strategic environmental study and consideration, summarizes the allegations received, a total of 8 and how taken into consideration, is available on the website of the Ministry of agriculture, food and environment.
Of them, the report of the General direction of management of the Natural Environment and protected areas of the Ministry of environment and management of the territory of the Junta de Andalucía, relative to the operational programme, received on September 14, 2015, and as the promoter considered was out of time, it did not consider it. However revised the report has considered some aspects on which was were relevant for what have been included in this statement 5. Environmental determination.
The operational programme for Spain 2014-2020 is, in essence, a distribution of the European maritime and fisheries (FEMP) program, assigned to the General Administration of the State.
The application of the common fisheries policy (CFP), the sustainable development of fisheries and aquaculture and integrated maritime policy (PMI) during the programming period 2014-2020, will be funded through the FEMP and contribute to the Europe 2020 strategy, which aims to create a model of smart, sustainable and inclusive growth.
Therefore, the PO-FEMP is an environmentally positive program, however, the application through some operations or actions may give rise to certain negative effects on the environment, which requires its prevention and correction. Therefore, the promoter assumes a series of commitments that alleviate them, as described in paragraph 2 of the present strategic environmental statement.
In any case, in addition to these commitments and the result of analyses and information and public consultation, environmental organ makes the considerations described below: on environmental objectives: extend the environmental objectives that have been defined for the transitional, coastal and marine waters, inland waters (surface and groundwater continental), actions or activities that support within the framework of this program and take place in inland waters.
Environmental objectives should be considered the maintenance and control of the stocks, establishing in every moment the most appropriate fishing quotas, experts, as well as environmental, social and economic standards and scientific criteria. On the other hand, the fishing quotas will be with preference to vessels using sustainable fishing gear or low impact.
On the selection of operations: the selection of operations that finally Fund or subsidize the PO-FEMP must take into account that the new multiannual financial framework, for the same period 2014-2020 will apply, establishes that sustainable development, in any case, will be a horizontal principle applicable to all policies developed by the Member States, under article 3 of the Treaty on European Union.
In addition, article 8 of the regulation 1303 / 2013, of the European Parliament and of the Council of 17 December 2013, which lays down common provisions relating to European funds, establishes that the Member States of the European Union and the Commission shall ensure that, in the preparation and implementation of programmes, promote the environmental protection requirements , efficiency in the use of natural resources, protection of biodiversity and increased resilience against disasters and prevention and risk management.
Very specifically, this regulation refers to climate change since stated that mitigation and adaptation to it constitute in itself a transversal objective that will be present in the preparation, programming, implementation, monitoring and evaluation of all funds.
In addition, based on various strategies environmental European in force, projects with European funding must respect other sustainability criteria, such as: to) sustainable use of natural resources strategy: A Europe that effectively uses the resources — flagship initiative of the Europe 2020 strategy [COM (2011) 571].
(b) prioritization of measures that entail a lower consumption or energy saving and the imposed European strategy 2020 renewables [COM (2010) 2020].
(c) reduction of air pollution (thematic strategy with respect to air pollution [COM(2005) 446].)
(d) detention of the loss of biodiversity strategy of the EU biodiversity by 2020: our natural capital and life insurance [COM (2011) 244].
(e) protection, management and planning of the landscape, and promotion of actions involving the protection and valorisation of cultural heritage (European Landscape Convention: the European Landscape Convention entered into force on 1 March 2004.) Spain has ratified this Convention on November 26, 2007 ("BOE" on February 5, 2008).
(f) protection of biodiversity and ecosystem services. EU 2020 biodiversity strategy [COM (2011) 244 final].
(g) protection of the coast by fostering the sustainable development and integrated management of coastal zones [COM (2000) 547 final].
(h) prevent and significantly reduce marine pollution, to minimize the effects of acidification of the oceans, and regulate fishing activities to protect marine and coastal ecosystems in a sustainable way. (Objective No. 14 - objectives of sustainable development of the United Nations, 2015).
Therefore, in the selection of operations within the framework of PO-FEMP operations that meet must be prioritized: those operations for which is not necessary the subjection to an environmental processing, depending on what the law 21/2013, of 9 December, environmental assessment.
Consideration of the principles of precaution and preventive action and precautionary measures to minimize the negative effects on the environment.
Correction and compensation of impacts on the environment 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 the best environmental practices.
The application of the principle of 'who pollutes, pays'.
Contribution to mitigation and adaptation to climate change.
In addition to the above, shall take into account the General environmental criteria for selection of fundable actions undertaken under the strategic environmental study.
In the specific case of the investments required for improvements to the existing port infrastructures, markets, places of landings, anchorages and aquaculture facilities, as well as the new facilities, aquaculture, in addition to the above criteria, should be aware that: within the same priority of investment, will favor those operations for which either no required submission to an environmental processing either this already concluded with a statement of impact Environmental-friendly, according to the law 21/2013, 9 December, environmental assessment.
In the case of clearance operations, shall be verified, by the competent authority of the hydrographic demarcation where are located, their compatibility respectively with the flood risk management Plan and the Hydrological Plan, as well as the specifications of their respective strategic environmental statements.
In the case of new aquaculture facilities will be used 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, integrating environmental, social and economic criteria.
Priority will be given to investment in new facilities for aquaculture or improvement of existing in those that offer products with eco-labelling.
The measure 1.3.1 "Permanent cessation of fishing activities (Art. 34)" consider the following selection criteria: prioritize the application of the measure on vessels using fishing methods that cause a greater impact on marine ecosystems.
Prioritize the application of the measure on older vessels of the fishing fleet, causing more pollution of water and air.
For the measure 1.5.4 'Replacement or modernization of main or auxiliary engines (art. 41.2)' promote the adaptation of engines to the use of biofuels and encourage projects that encourage the use of alternative energy sources on board vessels to reduce emissions of greenhouse gases (photovoltaic, wind energy - use candles to assist propulsion and save on the use of organic fuels (, etc.).
The effects on Natura 2000 network and protected spaces: actions affecting spaces listed with any figure of protection, such as Natura 2000 network (SCI, ZEC and ZEPA), marine reserves, Marine Protected Areas (OSPAR Convention), list of wetlands of international importance (RAMSAR list) and the rest of figures collected in the law 42/2007, of December 13 Natural Heritage and biodiversity (amended by Act 33/2015, of 21 September), they must undergo a specific assessment to be carried out in accordance with basic State legislation and the additional autonomous communities where they are located, without compromising the conservation objectives of the places.
If the conclusion of this assessment were negative, must be met, among others, the requirements referred to in the law 33/2015, in your unique article, section thirty-one, whereby amending article 45 of law 42/2007, of December 13, of the Natural Heritage and biodiversity, such as making it, in the absence of alternatives , for compelling reasons of public interest of the first order and taken necessary compensatory measures to ensure that the overall coherence of the Natura 2000 network is secured.
For the selection of projects, within the framework of the operational programme, and in particular for those who are located in Natura 2000 network, in addition to the criteria of selection that includes the Regulation (EU) No. 508/2014, will be considered: the compatibility of the actions foreseen in the protected area management plan.
The contribution to the maintenance of a condition favorable natural ecosystems and, specifically, of the habitats and species that are the subject of conservation.
Contribution to the conservation of biodiversity and maintenance of ecosystem services.
In any case, should be avoided as far as possible, locate structural actions (facilities or infrastructure) within these spaces, but when raised in these spaces and still having no effect on them (after its corresponding environmental impact assessment), is shall take into account the following determinations: must be routed to the use of green infrastructure.
Within the scope of the ZEPA (areas of special protection for birds), the effects of the works must analyze during 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 (sites of Community importance).
Outside the scope of namespaces that are declared as belonging to the Natura 2000 network, the condition and permanent occupation in the types of habitats of Community interest of priority, should be minimized such as peat bogs, dunes, coastal lagoons, meadows of Posidonia oceanica, etc.
In addition, actions whose main objective is the preservation of protected areas that act as positive elements for the good state of fishery resources will be strengthened to the extent possible.
In the case of aquaculture facilities, either maritime or land, must be implemented protocols for the prevention and mitigation of potential leaks of non-native species in the environment, with special attention to protected areas.
In relation to actions that are funded according to the measure of article 34 the permanent cessation of fishing activities involving scrapping of fishing vessels, will be made according to the future specific EU regulation on the recycling of ships (COM/2012/0118) based on the agreement of Hong Kong, as well as the waste generated must comply with current regulations.
On environmental monitoring: the substantive body must be regular monitoring of the main effect of the implementation of the operational programme on the environment to which shall implement measures of environmental monitoring in line with the principles of sustainability and indicators and environmental objectives that have been proposed for the environmental program evaluation and indicated in Chapter 4 and annex II of the scope document , as well as in the strategic environmental study.
Also, the following indicators within the operational programme shall be taken into account: priority or priority axis 1 shall also include: number of funded measures relating to conservation and maintenance of endangered species and other species of concern for biodiversity, as well as to improve ecological connectivity in the marine and coastal environment, and especially among the network of protected areas.
Number of measures funded through the PO in relation to the control and eradication of invasive alien species.
Priority 2 will include: number of aquaculture projects for the conservation and promotion of native species.
Priority 6 will include: number of maritime spatial planning projects.
Number of projects for integrated management of coastal areas.
Number of projects for adaptation to climate change.
And it will be added to the marine ecosystem, the costero-litoral ecosystem indicators in such a way that these indicators include not only to the marine ecosystem, but also to costero-litorales zones, for the knowledge of any actions that are funded for the conservation and enhancement of these ecosystems. Example: Number of projects for the protection and improvement of the knowledge of the marine and coastal environment.
With regard to the Committee of FOLLOW-UP of the PO-FEMP 2014-2020, must ensure the presence in that Committee members referred to them in article 5 of the Regulation (EU) No. 1303 / 2013, especially the environmental partners and the Spanish Office for climate change.
In line with this environmental determination, should be updated intermediate agencies listed in the operational programme before its final approval.
Consequently, in accordance with the evaluation ordinary strategic environmental practiced according to section 1 of chapter I of title II of the environmental assessment Act, is formulated strategic environmental declaration program operating the Fund European maritime and fishing 2014-2020, concluding that, complying with environmental requirements deriving from the present strategic environmental declaration, significant adverse impacts will not occur.
This resolution will be made public through the Official Gazette and the website of the Ministry of agriculture, food and environment (http://www.magrama.gob.es/es/), and must be understood that it does not exempt the sponsor to obtain the environmental permits that are legally enforceable.
In accordance with article 25.4 of the environmental assessment law, against the statement strategic environmental not proceed resource one notwithstanding that, where appropriate, may be applicable in courts against the provision of a general nature which had approved the plan or programme, or else that come in via administrative or judicial act against , where appropriate, adoption or approval of the plan or programme.
Madrid, 8 October 2015.-the Secretary of State of environment, Pablo Saavedra Inaraja.
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