FELIPE VI

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

PREAMBLE

I

Law 42/2007, of 13 December, of Natural Heritage and Biodiversity, establishes the basic legal regime for the conservation, sustainable use, improvement and restoration of the natural heritage and the Spanish biodiversity, as part of the duty to preserve and to ensure the rights of persons to a suitable environment for their welfare, health and development. This law has taken into account the international standards and recommendations that have been taking place in recent decades, such as those arising from the Council of Europe or the Convention on Biological Diversity, as well as Council Directive 92/43/EEC of 21 December. May 1992, on the conservation of natural habitats and of wild fauna and flora (Habitats Directive).

The experience gained during the years of application of Law 42/2007 of 13 December has highlighted the need to improve certain aspects of its implementation, and is therefore modified for this purpose, in particular in the which refers to the management of protected spaces.

II

On the other hand, this law aims to ensure the correct application of international law and the incorporation of European Union law into our legal system. In this sense, the amendments introduced by the law go along the lines of adapting, on the one hand, the provisions of the United Nations Convention on the Law of the Sea, of Montego Bay, of 10 December 1982, which was ratified by Spain. on 20 December 1996, and in the Nagoya Protocol on access to genetic resources and fair and equitable sharing of benefits arising from their use, ratified by Spain on 3 June 2014 and in the Regulation (EU) No 511/2014 of the European Parliament and of the Council of 16 April 2014 on measures for the enforcement of the users of that Protocol in the Union, as the European Union is also a Contracting Party to that Protocol, as well as to improve the transposition of the Habitats Directive and Directive 2009 /147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (Birds Directive) in our legal system. To this end, they respond to the changes made to Article 3, which incorporate new definitions into those already existing in Law 42/2007, of December 13.

The main objectives of the European Union's biodiversity strategy up to 2020 are also to be incorporated into our legal system. To this end, Article 2 on the principles of the law is amended to include, for the first time, the prevention of net loss of biodiversity, as well as the prevention of the problems arising from climate change, which is included in the also as one of the duties of public administrations in Article 5.

III

On the other hand, throughout the law, the necessary provisions are included to specify the competencies that correspond to the General Administration of the State in relation to the management of the marine environment. In this sense, as a general rule, the functions set up by Law 42/2007, of December 13, derived from article 149.1 23. of the Spanish Constitution, must be exercised by the autonomous communities in the terrestrial and by the General Administration of the State, in the marine field. This general rule, derived from the concept of territoriality of autonomic powers, which has established the doctrine of the Constitutional Court, has an exception in the area of environmentally protected areas. According to the recent judgment of the Constitutional Court 87/2013 of 11 April 2013, ' the exercise of autonomic competence over protected natural areas in the territorial sea is exceptional and is justified only where the characteristics and circumstances of the natural space to protect demand for unitary management " (FJ 6). Based on the doctrine established by the Constitutional Court in settled case-law, such as Judgment 8/2013 of 17 January, the jurisdiction of one or other Administration is to be determined by the objective characteristics and circumstances the place to be protected, based on the best scientific evidence. In order to clarify, in law, the powers of the General Administration of the State in respect of the management of the marine environment, various provisions of the law, such as Article 6, concerning the powers of the administration, are amended. State general on marine biodiversity, as well as Articles 25 to 29, 33, 42, 43, 44 and 46 on the cataloging of habitats and the protection of natural spaces, and an additional eighth provision is added on the exercise of the powers of the State General Administration on marine spaces, habitats and species.

IV

Another of the objectives pursued by this law is the simplification and streamlining of the instruments for knowledge and planning of the natural heritage and biodiversity, regulated in Title I of Law 42/2007, of 13 December.

In relation to the Spanish Inventory of Natural Heritage and Biodiversity, Article 10 is amended to specify that the indicators for the elaboration of this Inventory will be approved by ministerial order, prior to Report of the State Council for Natural Heritage and Biodiversity and the Sectoral Conference on the Environment. Article 11 is also amended in order to simplify the content of the annual reports on the state of the natural heritage and biodiversity, so that they are more synthetic and that an assessment is carried out every six years. depth. In this way, the periodicity of these reports is matched, with the report that, on the state of natural heritage and biodiversity, it is mandatory to raise the European Commission every six years.

In relation to the State Strategic Plan of Natural Heritage and Biodiversity, Article 13 is amended, in order to specify that it is the actual decree approving the Plan, which determines its period (i) In this way, where appropriate, their duration may be adapted to the strategic plans approved by the Convention on Biological Diversity and the European Union.

V

On the other hand, a new Chapter III is introduced, in Title I, concerning the State Strategy for Green Infrastructure and Ecological Connectivity and Restoration. This new chapter aims to comply with the Communication from the European Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on Green Infrastructure: improving the natural capital of Europe. Europe " of 6 May 2013, COM (2013) 249 final and incorporate some of the objectives of the European Union Strategy on Biodiversity up to 2020. It provides for the approval of a "State Strategy for Green Infrastructure and Ecological Connectivity and Restoration", which will be jointly developed by the General Administration of the State and the Autonomous Communities, and will have the objective to set the guidelines for the identification and conservation of the elements of the territory that make up the green infrastructure of the Spanish, terrestrial and marine territory, and for the territorial and sectoral planning to be carried out by the Public administrations allow and ensure the ecological connectivity and functionality of the ecosystems, mitigation and adaptation to the effects of climate change, defragmentation of strategic areas for connectivity and restoration of degraded ecosystems.

VI

On the other hand, this law aims at improving the management of protected areas and, in particular, those included in the Natura 2000 network, in order to ensure their best protection and adequacy for the purposes of the those that have been declared.

To this end and to ensure the social and public function of natural heritage and biodiversity, it is expressly provided for in Article 4 that the necessary works for the conservation and restoration of protected areas, for the conservation of endangered species, or for the conservation of endangered habitats, they may be declared in the general interest of the State. Thus, the treatment of the conservation and restoration works of the Natura 2000 sites and of the species considered in critical situation is equated with the works that the General Administration of the State executes in other areas such as the public maritime-land domain or hydraulic engineering.

Moreover, a series of measures are included to promote the support of public administrations to the economic activities compatible with the conservation of protected natural spaces that contribute to the the welfare of local people and the creation of jobs. Thus, in relation to the natural monuments, Article 33, which becomes Article 34, is amended to allow the exploitation of resources when they are fully consistent with the values that justified the declaration of the spaces as Natural Monument.

With regard specifically to the conservation measures of the sites within the Natura 2000 network, a new paragraph is added in the new Article 42, to have an impact on the support of the administrations. public to the economic activities compatible with the conservation of the Natura 2000 sites, with particular priority for economic activities consistent with the values justifying the declaration of space as a Network Natura 2000.

The former Article 45 on conservation measures for the Natura 2000 network is also amended in order to clarify the geographical scope and the species affected by these measures, as well as certain aspects relating to the conservation of the implementation of plans, programmes or projects which could adversely affect such spaces or endangered species.

Moreover, the new Article 47 on monitoring and monitoring of protected areas of the Natura 2000 network is also amended to provide for the adoption of common guidelines on the subject of the Natura 2000 network. methodology to be applied throughout the national territory for the monitoring and monitoring of habitats and species of Community interest.

VII

One of the most important innovations introduced by the law is the new Chapter VI of Title II, concerning the incorporation of environmental information in the Land Registry. With this measure, the aim is to provide more legal certainty for the aspects related to the property regime of protected spaces, so the perimeter information referred to these spaces should have their reflection in this Register. Likewise, it is also anticipated that the Real Estate Registry will have access to such environmental information in accordance with its regulatory regulations.

In this way, it is anticipated that the Ministry of Agriculture, Food and Environment will keep an updated online mapping service, which will identify and delimit the protected space areas, as well as the import of your data to be contrasted with the registered farms in the graphical application of the single computer system.

It is therefore intended to implement an advertising mechanism that increases the effectiveness and application of the rules by strengthening the legal security of real estate traffic. This is associated territorial information and as such has a purely informational value.

VIII

This law provides for a series of measures aimed at strengthening the responsibility of public administrations as regards the conservation of biodiversity, as regulated in Title III. In this respect, Article 52, which becomes the new Article 54, is amended to ensure that the importation of a single-octane species is carried out with sufficient guarantees and after authorization from the competent environmental administration, after the timely risk analysis. Furthermore, it is expressly stated that public administrations will not be responsible for the damage caused by wildlife species, except in the cases established in the specific sector regulations.

In addition, a new Article 55 is introduced concerning the reintroduction of extinct wild species, in order to provide for such reintroductions to be made with all guarantees.

Article 56, which becomes 59, is amended to provide for the Ministry of Agriculture, Food and Environment to produce and approve plans for the recovery and conservation of endangered marine species, except for non-highly migratory threatened species, whose habitats are placed exclusively in spaces with ecological continuity of the marine ecosystem with respect to the terrestrial natural space object of protection, endorsed by the best scientific evidence existing.

Article 57, which becomes Article 60, is also amended, relating to strategies for the conservation of threatened species and the fight against threats to biodiversity. For the species in critical condition, it is expected that the works and projects aimed at the recovery of these species will be declared of general interest and their processing will be of an urgent nature. On the other hand, it is also foreseen in this article, that the Ministry of Agriculture, Food and Environment will approve the strategies of conservation of marine threatened species and those of the fight against threats to marine biodiversity.

As regards Article 58, which becomes 61, a new derogation is added to the prohibitions laid down in Chapter I of Title II, referring to overriding reasons of public interest, in order to apply correctly the provisions of the relevant article of the Habitats Directive, and certain aspects of the wording of the derogations to improve the transposition of that Directive and of the Birds Directive in our legal order are clarified. On the other hand, two new paragraphs are added, which aim to ensure the best available techniques in terms of methods of catching or marking species and, in particular, in terms of scientific analysis.

Finally, article 60 is also reformulated, which becomes 63, according to the objective to be achieved, concerning the conservation of biological and genetic material of wild species, in germplasm banks. animal or plant, and specify the intervention priorities for species under special protection, with particular attention to endemic or listed species. In this article, it is anticipated that the autonomous communities will maintain a register of the banks of biological and genetic material of wild species in their territory, with updated information on the preserved collections. However, it is necessary to clarify that this register is not the register of collections referred to in Regulation (EU) No 511/2014 concerning the Nagoya Protocol, in Article 5 thereof.

IX

With regard to the prevention and control of invasive alien species, Article 61, which becomes 64, is amended in order to specify the circumstances in which the prohibitions may not apply. derived from the inclusion of a species in the Catalogue of invasive alien species, and the Ministry of Agriculture, Food and Environment is also expected to approve strategies for invasive alien species.  On this subject, it is necessary to take into account that on 1 January 2015 Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species. A number of prohibitions which comply with the provisions of Article 7 (1) of Regulation (EU) No 1143/2014

included in Articles 33, 43 and 54, in particular in Articles 33, 43 and 54.

With regard to the Spanish Network of Biosphere Reserves, the necessary modifications are made to Articles 66 and 67, which become the 69 and 70 respectively, in order to adapt them to the most recent regulations that regulate the functions of the "Person and Biosphere" programme (MaB programme) of UNESCO, thereby complying with the provisions of the judgment of the Constitutional Court 138/2013 of 6 June 2013.

Furthermore, a number of amendments are included to the adaptation of national legislation to the Nagoya Protocol on access to genetic resources and fair and equitable participation in the benefits that are deriving from its use, which entered into force on 12 October 2014 and of which Spain has been a Contracting Party since its ratification on 3 June 2014, and Regulation (EU) No 511/2014 of the European Parliament and of the Council of 16 April 2014, on measures for the enforcement of users of that Protocol in the Union, which has also ratified it by the Council Decision of 14 April 2014. To this end, Articles 68, which becomes the 71, which regulates the access and use of genetic resources from wild taxa, and 70, which becomes 74, are amended, with a view to the promotion of traditional knowledge for the conservation of natural heritage and biodiversity. In addition, a new Article 72 on the control of the use of genetic resources is added.

It must be borne in mind that the authorizations referred to in the new Articles 55, 56, 60 and 72 are based on the objectives pursued by the law, including the conservation of natural and natural heritage. The Court of Justice has held that the Court of Justice of the European Court of Justice and the Court of Justice of the European Court of Justice and the Court of Justice of the European Court of Justice of the European Court of Justice of the European Union the principle of environmental protection. Moreover, these authorizations are aimed at the fulfilment of common criteria and guidelines throughout the national territory, in order to ensure that the guarantee of the market unit is fully guaranteed and also benefits the competition, as criteria are unified throughout the state for better protection of the environment. In this sense, the approvals of the methods of capture of predators will be unique at the state level.

As for the Fund for Natural Heritage and Biodiversity, Article 74, which becomes 78, is amended to provide that the General Administration of the State may execute the actions to be financed from the Fund, and Paragraph 5 shall be deleted, in accordance with the new organic structure of the General Administration of the State in which the agricultural and environmental powers rest in the same department.

Furthermore, the necessary adaptations are also made to the provisions of Title VI governing the sanctioning regime, in order to include infringements associated with the use of genetic resources, according to The provisions of Regulation (EU) No 511/2014 of the European Parliament and of the Council of 16 April 2014.

Finally, the Law 26/2007 of 23 October on Environmental Liability and Law 34/2007 of 15 November on Air Quality and the Protection of the Atmosphere are also amended in order to clarify certain aspects of the law. concrete of both laws. In the case of Law 26/2007 of 23 October, Article 2.1.b) of the law is amended, in order to replace the name 'ecological status of marine waters', by 'environmental status of marine waters', in line with the Regulation of Article 7.4 of Law 41/2010 of 29 December on the protection of the marine environment. Article 45.3 of that law is also amended to specify that the negative silence shall apply after the maximum period laid down in that provision for the resolution of the environmental liability requirement procedure has elapsed. in cases where the procedure is initiated on its own initiative or at the request of a party. With regard to the amendment of Law 34/2007, of 15 November, its article 13.2 is amended in order to follow the model of Law 16/2002, of July 1, of Integrated Prevention and Control of Pollution, where the deadlines are legislation Article 149.1.23 of the Constitution and the negative silence is applied after the maximum period for the resolution provided for in the law has elapsed.

Single item. Amendment of Law 42/2007, of 13 December, of Natural Heritage and Biodiversity.

Law 42/2007, of 13 December, of Natural Heritage and Biodiversity is amended as follows:

One. Article 2 is worded as follows:

" Article 2. Principles.

It's principles that inspire this law:

a) The maintenance of essential ecological processes and basic vital systems, supporting ecosystem services for human well-being.

b) The conservation and restoration of biodiversity and geodiversity.

c) The orderly use of resources to ensure the sustainable use of natural heritage, in particular, of species and ecosystems, their conservation, restoration and improvement and to avoid net loss of biodiversity.

d) The conservation and preservation of the variety, uniqueness and beauty of natural ecosystems, geological diversity and landscape.

e) The integration of the requirements of conservation, sustainable use, improvement and restoration of natural heritage and biodiversity in sectoral policies and, in particular, in policy-making, economic and social, as well as the fair and equitable sharing of benefits arising from the use of genetic resources.

f) The prevalence of environmental protection on land and urban planning and the basic assumptions of such prevalence.

g) Caution in interventions that may affect natural spaces or wild species.

h) The guarantee of information to the public and awareness of the importance of biodiversity, as well as its participation in the design and implementation of public policies, including the elaboration of general character, aimed at achieving the objectives of this law.

i) The prevention of emerging problems as a result of climate change, mitigation and adaptation, as well as the fight against their adverse effects.

j) The contribution of development sustainability improvement processes associated with natural or semi-natural spaces.

k) The participation of the inhabitants and the owners of the territories included in protected areas in the activities consistent with the conservation of the natural heritage and the biodiversity that develop in such spaces and the benefits arising from them. "

Two. Article 3 is worded as follows:

" Article 3. Definitions.

For the purposes of this law:

1. Mountain areas: continuous and extensive territories, with high and sustained altimetry in relation to the surrounding territories, whose physical characteristics cause the appearance of ecological gradients that condition the organization of the ecosystems and affect the living beings and the human societies that develop in them.

2. Critical area for a species: those sectors included in the area of distribution that contain habitats essential for the favorable conservation of the species or that because of their strategic situation for the species require their proper maintenance.

3. Biodiversity or biological diversity: variability of living organisms of any source, including among other things, terrestrial and marine ecosystems and other aquatic ecosystems and the ecological complexes of which they are a part; the diversity within each species, between species and ecosystems.

4. Traditional knowledge: knowledge, innovations and practices of local populations linked to natural heritage and biodiversity, developed from experience and adapted to culture and the local environment.

5. Conservation: maintenance or restoration in a favourable state of natural heritage and biodiversity, in particular, of natural and semi-natural habitats of species of wild fauna and flora, as well as the whole of measures necessary to achieve this.

6. In situ conservation: conservation of ecosystems and natural and semi-natural habitats the maintenance and recovery of viable populations of wild species in their natural environments and, in the case of domesticated species and cultivated, in environments where they have developed their specific properties.

7. Ex situ conservation: conservation of components of biological diversity outside their natural habitats.

8. Ecological corridor: territory, of variable extension and configuration, which, due to its disposition and its conservation status, functionally connects natural spaces of singular relevance to the wild flora or fauna, separated from each other, allowing, among other ecological processes, the genetic exchange between populations of wild species or migration of specimens of those species.

9. Custody of the territory: a set of legal strategies or techniques through which the owners and users of the territory are involved in the conservation and use of natural, cultural and landscape values and resources.

10. Ecosystem: a dynamic complex of plant, animal and micro-organism communities and their non-living environment that interact as a functional unit.

11. Native species: the existing one within its natural range.

12. Extinct indigenous species: a native species that has disappeared in the past from its natural range.

13. Invasive exotic species: the one introduced or established in an ecosystem or natural or semi-natural habitat and which is an agent of change and threat to native biological diversity, either because of its invasive behavior, or because of the risk of contamination genetics.

14. Conservation status of a habitat: a situation arising from all influences on the natural or semi-natural habitat in question and on the typical species established therein and which may affect their long-term natural distribution, its structure and functions, as well as the survival of its typical species in the territory.

15. Favourable conservation status of a natural habitat: when its natural range is stable or wide; the specific structure and functions necessary for its long-term maintenance exist and may continue to exist in the future foreseeable; and the conservation status of their species is favourable.

16. Favourable conservation status of a species: when its population dynamics indicate that it follows and may continue to be a vital element of the habitats to which it belongs; the area of natural distribution is not being reduced or there are threats of reduction for the foreseeable future; there is and probably still long-term habitat for long-term populations.

17. Externality: any effect produced by an action, which was not sought in the objectives of the action.

18. Geodiversity or geological diversity: variety of geological elements, including rocks, minerals, fossils, soils, forms of relief, formations and geological units and landscapes that are the product and record of the evolution of the Earth.

19. Geoparks or geological parks: demarcated territories that present unique geological forms, of particular scientific importance, singularity or beauty and that are representative of the geological evolutionary history and the events and processes that the have formed. Also places that stand out for their archaeological, ecological or cultural values related to the gea.

20. Natural habitats: terrestrial or aquatic areas differentiated by their geographical, abiotic and biotic characteristics, whether they are entirely natural or semi-natural.

21. Habitat of a species: means defined by specific abiotic factors and biotic species where the species lives in one of the phases of its biological cycle.

22. Management instruments: under this name, any technical management of a natural space and its uses, which has undergone a process of public information, has been subject to formal approval and has been published.

23. Genetic material: any material of plant, fungal, animal, microbial or other origin containing functional units of the inheritance.

24. Compensatory measures: specific measures included in a plan or project, which aim to compensate, as accurately as possible, their negative impact on the species or habitat concerned.

25. Objective of conservation of a site: population levels of the different species as well as surface and quality of the habitats that should have a space to achieve a favorable conservation status.

26. Landscape: any part of the territory whose character is the result of the action and the interaction of natural and/or human factors, as perceived by the population.

27. Natural Heritage: a set of assets and resources of the source nature of biological and geological diversity, which have a relevant environmental, landscape, scientific or cultural value.

28. Biological resources: genetic resources, organisms or parts thereof, populations, or any other type of the biotic component of ecosystems of real or potential value or utility for humanity.

29. Genetic resources: genetic material of real or potential value.

30. Natural resources: any component of nature, susceptible to being taken advantage of by the human being for the satisfaction of its needs and having a current or potential value, such as: natural landscape, waters, surface and underground; soil, subsoil and land for their greatest use: agricultural, livestock, forestry, climate and protection; biodiversity; geodiversity; genetic resources; and ecosystems that support life; hydrocarbons; hydroenergy, wind, solar, geothermal and similar resources; the atmosphere and the radio spectrum, minerals, rocks and other renewable and non-renewable geological resources.

31. Biosphere reserves: territories declared as such within the MaB Programme, of UNESCO, to which the Kingdom of Spain is a member, of integrated, participatory and sustainable management of heritage and natural resources.

32. Ecosystem restoration: a set of activities aimed at reestablishing the functionality and capacity of ecosystem evolution towards a mature state.

33. Taxon: group of organisms with common characteristics.

34. Taxon extinguished: autochthonous taxon disappeared in the past from its natural range.

35. Indigenous taxa: existing taxa naturally in a particular place, including the extinct ones, if any.

36. Sustainable use of natural heritage: use of its components in a way and at a rate that does not cause its long-term reduction, thereby maintaining the possibilities of its contribution to the satisfaction of the needs of the generations current and future.

37. Territory custody entity: public or private, non-profit organization, which carries out initiatives that include the realization of territory custody agreements for the conservation of natural heritage and biodiversity.

38. Geological Heritage: a set of geological natural resources of scientific, cultural and/or educational value, whether they are formations and geological structures, forms of the terrain, minerals, rocks, meteorites, fossils, soils and other manifestations geologic that allow knowledge, study and interpretation: a) the origin and evolution of the Earth, b) the processes that have shaped it, c) the climates and landscapes of the past and present and d) the origin and evolution of life.

39. Marine environment: marine waters under Spanish sovereignty or jurisdiction, and its bed, subsoil and natural resources.

40. Critical situation of a species: situation in which a species, according to an analysis of population or habitat viability, or a diagnosis made based on the best available scientific information, is at imminent risk of extinction in the wild.

41. Botanical garden: institution (public, private or mixed) or ex situ conservation facility, which exhibits scientific collections of living, maintained, cultivated and propagated plants for the simultaneous achievement of study objectives, dissemination, teaching and conservation of plant diversity.

42. Release: release of specimens of species that are the object of fish or fish farming that, in the case of non-invasive species, can only be carried out in those sections of the river, lagoon or marsh, or land This type of release has been authorized prior to the entry into force of Law 42/2007, of December 13, of Natural Heritage and Biodiversity, and always with the aim of capturing the specimens of the medium in the the shortest possible time frame and in any case before they can be naturalized.

43. Use of genetic resources: the carrying out of research and development activities on the genetic and/or biochemistry of genetic resources, including through the application of biotechnology, in accordance with the definition provided for in Article 2 of the Convention on Biological Diversity. '  

Three. Article 4 is worded as follows:

" Article 4. Social and public function of natural heritage and biodiversity.

1. Natural heritage and biodiversity play an important social role because of their close links with the development, health and well-being of people and their contribution to social and economic development.

2. The activities aimed at achieving the purposes of this law may be declared to be of public utility or social interest, for all purposes, and in particular to the expropriatory, in respect of the goods or rights that may result affected.

3. The works necessary for the conservation and restoration of protected areas, for the conservation of threatened species, or for the conservation of habitats in danger of disappearance, especially those which are intended to cope with Catastrophic or exceptional phenomena may be declared by the State as being of general interest within the scope of its powers, subject to the report of the autonomous communities concerned. Such a declaration shall be made by state law.

4. In the planning and management of protected areas and the conservation of habitats and species, voluntary agreements with owners and users of natural resources, as well as the participation of civil society in the field, will be encouraged. conservation of biodiversity. "

Four. Article 5 is worded as follows:

" Article 5. Duties of the public authorities.

1. All public authorities, in their respective fields of competence, shall ensure the conservation and rational use of natural heritage throughout the national territory, including its marine environment and in the exclusive economic zone and in the continental shelf, irrespective of its ownership or legal status, taking into account in particular the types of natural habitats and wild species under special protection.

2. Public administrations in their respective field of competence:

a) Promote participation and activities that contribute to the achievement of the objectives of this law.

(b) Develop and implement positive incentives for the conservation and sustainable use of natural heritage and biodiversity and identify and, as far as possible, eliminate anti-their conservation.

c) Promote the use of fiscal measures and other economic incentives for the realization of private conservation initiatives of nature, and for the disincentive of those with negative impact on the conservation of biodiversity and the sustainable use of natural heritage.

(d) Promote, through training programmes, general education and information, with particular attention to the users of the national territory and the marine environment, on the need to protect the natural heritage and the biodiversity.

e) They will be equipped with tools that will allow to know the conservation status of the Natural Heritage and Biodiversity, and the causes that determine its changes, to design the measures to be adopted, including those of adaptation and mitigation to minimize the risks and impacts of climate change on biodiversity and to ensure the persistence of species in a climate change context.

f) They will integrate into the sectoral policies the objectives and forecasts necessary for the conservation and valuation of Natural Heritage, the protection of Biodiversity and Geodiversity, conservation and sustainable use of natural resources, the prevention of the fragmentation of habitats and the maintenance and, where appropriate, restoration of the integrity of ecosystems.

g) They will encourage the increase of knowledge, scientific basis and technologies related to biological diversity, their values and functioning, their state and trends and the consequences of their loss. "

Five. Article 6 is worded as follows:

" Article 6. Competencies of the Public Administrations on Marine Biodiversity.

1. It is up to the General Administration of the State, through the Ministry of Agriculture, Food and Environment, to exercise the functions referred to in this law, with respect to all species, spaces, habitats or critical areas. located in the marine environment, without prejudice to the powers of the autonomous coastal communities.

Also, it is up to the General Administration of the State to exercise these functions in the exclusive economic zone, continental shelf, and spaces located in the straits under international law or in high sea.

2. It is for the General Administration of the State to establish any limitation or prohibition of maritime navigation and its related activities, as well as the prevention and the fight against pollution in marine waters. This provision.

3. Likewise, it is for the General Administration of the State to exercise the functions covered by the foregoing points of this article in marine spaces located in the straits subject to International Law or on the high seas.

4. It is for the autonomous communities to exercise the functions referred to in this law with respect to species (except highly migratory species) and spaces, habitats or critical areas located in the marine environment, where there is continuity. ecological of the marine ecosystem with the terrestrial natural space object of protection, endorsed by the best scientific evidence.

5. The exercise of the functions referred to in this Article shall be exercised by the competent authority in accordance with the principles of cooperation and interadministrative cooperation. '

Six. Paragraphs 1 and 2 of Article 9 are worded as follows:

" 1. The Ministry of Agriculture, Food and the Environment, with the collaboration of the Autonomous Communities and the institutions and organizations of scientific, economic and social character, will elaborate and maintain an updated Spanish Inventory of the Natural Heritage and Biodiversity that will collect the distribution, abundance, conservation status and utilization, as well as any other information deemed necessary, of all the terrestrial and marine elements natural heritage, with particular attention to those which require specific measures to conservation or have been declared of Community interest.

2. The content and structure of the Spanish Inventory of Natural Heritage and Biodiversity will be determined by regulation, after consultation with the Autonomous Communities, and must be part of it, at least, the information relating to:

1. The Spanish Catalogue of Habitats in Danger of Disappearance.

2. The List of Wild Species in Special Protection Regime including the Spanish Catalogue of Endangered Species.

3. The Spanish Catalogue of Invasive Alien Species.

4. The Spanish Inventory of Protected Natural Spaces, Natura 2000 Network and Areas protected by international instruments.

5. The Inventory of the Spanish Forest Statistics.

6. The Spanish Inventory of Genetic Material Banks referred to wild species.

7. The Spanish Hunting and Fishing Inventory.

8. The Spanish Inventory of Zoological Parks.

9. The Spanish Inventory of Traditional Knowledge of Natural Heritage and Biodiversity.

10. A Inventory of Places of Geological Interest, representative of at least the geological units and contexts listed in Annex VIII.

11. A Spanish Inventory of Habitats and Marine Species.

12. A Spanish Inventory of Land Species. "

Seven. Article 10 is worded as follows:

" Article 10. System of Indicators.

In the Spanish Inventory of Natural Heritage and Biodiversity, a System of Indicators will be established to express their results in a synthetic way, so that they can be transmitted to the whole of society, incorporated into decision-making processes and integrated at the supranational level. The indicators will be developed with the participation of the autonomous communities and will be approved, after the State Council for Natural Heritage and Biodiversity and the Sectoral Environmental Conference, by order of the Ministry of Agriculture, Food and Environment.

The most significant indicators will be incorporated into the Statistics Operations Inventory of the Ministry of Agriculture, Food and Environment and the National Statistical Plan. "

Eight. Article 11 is worded as follows:

" Article 11. Reports on the state of Natural Heritage and Biodiversity.

Based on the data from the Spanish Inventory of Natural Heritage and Biodiversity, the Ministry of Agriculture, Food and Environment, with the collaboration of the Autonomous Communities, and, where appropriate, other organs of the General Administration of the State, shall draw up and publish annually a report with the values, analysis and interpretation of the results of the System of Indicators. This report will be presented to the State Commission for Natural Heritage and Biodiversity and the State Council for Natural Heritage and Biodiversity, before becoming public.

Similarly, a report will be conducted every six years on the state and evolution of Natural Heritage and Biodiversity, which will also contain an assessment of the results achieved by the main policies adopted in this field. This report will be presented to the State Council for Natural Heritage and Biodiversity and to the Sectoral Environmental Conference before becoming public. "

Nine. Article 13 is worded as follows:

" Article 13. Elaboration and approval of the State Strategic Plan for Natural Heritage and Biodiversity.

1. The Ministry of Agriculture, Food and Environment, in collaboration with the rest of the Ministries and, in particular, with the Ministry of Development in respect of the merchant marine and the transit and air transport, and with that department and The Ministry of Defense in relation to the management of airspace, will develop the State Strategic Plan of Natural Heritage and Biodiversity.

In the preparation of this Plan, the autonomous communities will also participate through the State Commission for Natural Heritage and Biodiversity, which will raise it for approval to the Sectoral Middle Environment.

2. The procedure for drawing up the plan will necessarily include the procedures for public information and consultation of the scientific community, economic and social agents, public administrations concerned and non-governmental organizations. They will be profitable to pursue the achievement of the objectives of this law.

3. In any case, the Plan will be the subject of the environmental assessment provided for in Law 21/2013, of December 9, of Environmental Assessment.

4. The plan will be approved by royal decree, within a maximum of two years, before the State Council for Natural Heritage and Biodiversity report. The royal decree must specify the period of validity of the Plan which, in any case, may not exceed ten years. "

Ten. A new Chapter III is added, with a new Article 15, with the following wording:

" CHAPTER III

State strategy for green infrastructure and ecological connectivity and restoration

Article 15. From the Strategic Framework of Green Infrastructure and ecological connectivity and restoration.

1. To ensure the ecological connectivity and restoration of the Spanish territory, the Ministry of Agriculture, Food and Environment, with the collaboration of the Autonomous Communities through the State Commission for Natural Heritage and the Biodiversity, and other ministries involved, will, within a maximum period of three years to count from the entry into force of this law, a state strategy of green infrastructure, and of the ecological connectivity and restoration, that incorporate an appropriate mapping that allows to display graphically the same. This strategy, prior to the report of the State Council for Natural Heritage and Biodiversity, and the Sectoral Environmental Conference, will be approved by joint order, on the proposal of the ministries that would have participated in the meeting. elaboration and published in the "Official State Gazette".

2. The state strategy of green infrastructure and ecological connectivity and restoration will aim to mark the guidelines for the identification and conservation of the elements of the territory that make up the green infrastructure of the Spanish, terrestrial and marine territory, and for the territorial and sectoral planning carried out by public administrations to permit and ensure ecological connectivity and the functionality of ecosystems, mitigation and adaptation to effects of climate change, defragmentation of strategic areas for connectivity and restoration of degraded ecosystems.

3. The State Strategy for Green Infrastructure will have in particular consideration, among others, protected areas, endangered habitats and endangered species, mountain areas, river courses, wetlands, roads, etc. livestock, ocean currents, underwater canyons, migratory routes that facilitate connectivity, and high natural value systems originating from the good practices applied by the different economic sectors, as well as the priority habitats to be restored, the land affected by the banks of conservation of the nature and instruments used by the competent authorities in the implementation of the European Landscape Convention, made in Florence on 20 October 2000.

4. On the basis of the guidelines of the State Strategy, the Autonomous Communities shall develop their own strategies within a maximum of three years from the approval of the State Strategy, including at least the objectives contained in the State strategy. "

Once. Chapter III is referred to as Chapter IV.

Twelve. Articles 15 to 23, which become Articles 16 to 24, respectively, are listed.

Thirteen. Article 17 (1) is amended and a new paragraph 4 is included, with the following wording:

" 1. The Plans for the Management of Natural Resources are the specific instrument for the delimitation, classification, network integration and determination of their relationship with the rest of the territory, the systems that integrate heritage and the resources of a particular spatial area, irrespective of other instruments which can be established by regional legislation. Its validity and deadlines for review shall be defined by the rules of the Autonomous Communities or, in the field of their powers, by the General Administration of the State. "

" 4. The Natural Resources Management Plans shall include an economic memory of the proposed measures. "

Fourteen. Article 19 (4) is amended as follows:

" 4. The municipalities, within the scope of their respective powers, may propose derogations to ensure the provision of the minimum services provided for in Article 26 of Law No 7/1985 of 2 April 1985 on the rules of procedure Local. These derogations shall be sufficiently reasoned and shall be submitted for approval by the competent authority of the autonomous community. "

Fifteen. Article 24 is amended, which is worded as follows:

" Article 24. Of the natural spaces subject to preventive protection.

1. Where the information obtained by the autonomous community has resulted in the existence of a well-preserved area, which is significantly threatened by a disturbance factor affecting such a state, the competent public authorities take the necessary steps to remove or reduce the disturbance factor.

2. If the removal or reduction of the disturbance factor is not possible, a preventive protection regime shall be established consisting of:

(a) The obligation of the holders of the land to provide information and access to the agents of the authority and to the representatives of the autonomous communities.

b) The Natural Resources Management Plan for the area will be started immediately, if it is not already started.

(c) Without prejudice to the adoption of the measures provided for in the previous article of this Law, it shall apply, where appropriate, any protection regime, subject to compliance with the procedure for the hearing of the interested parties, public information and consultation of the authorities concerned. '

Sixteen. Article 24 becomes Article 25 and is worded as follows:

" Article 25. The Spanish Catalogue of Habitats in Danger of Disappearance.

1. Under the Ministry of Agriculture, Food and the Environment, with administrative character and state level, the Spanish Catalogue of Habitats in Danger of Disappearance is created, which will be used regulatively, and in which include habitats in danger of disappearance, the conservation of which or, where appropriate, restoration requires specific protection and conservation measures, for at least one of the following circumstances:

1. Have your area of distribution very small and decreasing.

2. Mh Haber was destroyed in most of its natural distribution area.

3. Mh Haber suffered a drastic deterioration of its composition, structure and ecological functions in most of its natural distribution area.

4. Find at high risk of irreversible transformation in the short to medium term in a significant part of its range, including the risk of transformation due to the effects of climate change.

2. The inclusion of habitats in the Spanish Catalogue of Habitats in Danger of Disappearance will be carried out by the Ministry of Agriculture, Food and Environment, well on a proposal from the State Commission for Natural Heritage and the Biodiversity, on the initiative of the autonomous communities, either on the proposal of the Ministry itself, when there is technical or scientific information to advise it.

3. Any citizen or organisation may request the initiation of the inclusion procedure by accompanying a scientific argument of the proposed measure with the relevant application. "

seventeen. Article 25 becomes Article 26 and is worded as follows:

" Article 26. Effects.

The inclusion of a habitat in the Spanish Catalogue of Habitats in Danger of Disappearance will have the following effects:

a) A suitable surface will be included in some management instrument or natural space protection figure, new or existing.

(b) The competent administration shall define and take the necessary measures to curb the recession and eliminate the risk of the disappearance of these habitats in the planning and other instruments appropriate for these purposes. "

Eighteen. Article 26 becomes Article 27 and is worded as follows:

" Article 27. Conservation and restoration strategies and plans.

1. The Environmental Sector Conference, on a proposal from the State Commission for Natural Heritage and Biodiversity and with a prior report from the State Council for Natural Heritage and Biodiversity, will approve conservation strategies and restoration of habitats in danger of disappearance.

2. The Ministry of Agriculture, Food and Environment will approve the strategies for conservation and restoration of habitats in danger of marine disappearance, except for habitats that are located exclusively in spaces with continuity. ecological ecosystem in respect of the natural terrestrial space object of protection, endorsed by the best scientific evidence.

3. These strategies, which will form the guiding framework for the management plans or instruments adopted for conservation and restoration, will include at least a diagnosis of the situation and the main threats, including the impacts of the climate change and the actions to be taken. These strategies or, at least one review of which have been approved, will be published in the "Official State Gazette", with reference to the electronic headquarters in which its full content is published. "

nineteen.  Article 27 becomes Article 28 and is worded as follows:

" Article 28. Definition of protected natural spaces.

1. They shall have the consideration of protected natural spaces in the areas of the national territory, including inland waters, and the marine environment, together with the exclusive economic zone and the continental shelf, which comply with at least one of the the following requirements and are declared as such:

(a) Contain representative, unique, fragile, threatened or special systems or natural elements of special ecological, scientific, landscape, geological or educational interests.

b) Be dedicated especially to the protection and maintenance of biological diversity, geodiversity, and the associated natural and cultural resources.

2. Protected natural spaces may cover on their perimeter land areas exclusively, simultaneously terrestrial and marine, or exclusively marine. "

Twenty. Article 28 becomes Article 29 and is worded as follows:

" Article 29. Content of regulatory standards for protected spaces.

1. The regulatory standards for protected areas, as well as their management planning mechanisms, will determine the legal, financial and material instruments that are considered to be precise in order to effectively meet the objectives pursued by the Commission. statement.

2. If different figures of protected spaces overlap in the same place, the regulatory standards of the same as well as the planning mechanisms must be coordinated to be unified in a single integrated document, in order to different regimes applicable according to each category make up a coherent whole. They constitute an exception to the circumstances in which the different figures of protected spaces correspond to different public administrations, without prejudice to the relevant interadministrative collaboration. "

Twenty-one. Articles 29, 30 and 31 become 30, 31 and 32, respectively.

Twenty-two. Article 31.4 is amended, which is worded as follows:

" 4. In the Parks, visitors may be provided with the necessary limitations to ensure the protection of those and the rights of the holders of the land in them. "

Twenty-three. Article 32 becomes Article 33 and is worded as follows:

" Article 33. Marine Protected Areas.

1. Marine Protected Areas are designated natural areas for the protection of ecosystems, communities or biological or geological elements of the marine environment, including intertidal and subtidal areas, which are, in view of their rarity, fragility, importance or singularity, they deserve special protection. These spaces will be able to be incorporated into the Network of Marine Protected Areas of Spain as regulated by Law 41/2010 of 29 December on the protection of the marine environment.

2. For the conservation of Marine Protected Areas and their natural values, plans or management tools shall be adopted which establish, at least, the necessary conservation measures and the limitations of the exploitation of natural resources. For each case and for all the areas incorporated into the Network of Marine Protected Areas of Spain.

3. The Plan Director of the Network of Marine Protected Areas of Spain, regulated in Article 29 of Law 41/2010, of 29 December, will establish the common minimum management criteria applicable to marine protected areas included in that Network. "

Twenty-four. Article 33 becomes Article 34 and is worded as follows:

" Article 34. The Natural Monuments.

1. The Natural Monuments are spaces or elements of nature basically constituted by formations of remarkable uniqueness, rarity or beauty, which deserve to be the object of special protection.

2. Natural monuments, unique and monumental trees, geological formations, paleontological and mineralogical fields, stratatotypes and other elements of the gea, which have a special interest in the uniqueness or importance of their scientific, cultural or landscape values.

3. Natural Monuments shall be limited to the exploitation of resources, except where this exploitation is fully consistent with the conservation of the securities to be protected, in accordance with its rules of declaration or management, or in cases where, for reasons of research or conservation or because of the economic activities which are compatible with minimum impact and which contribute to the socio-economic well-being or the population, such exploitation shall be permitted, relevant administrative authority. "

Twenty-five. Articles 34 and 35 become 35 and 36 respectively. 

Twenty-six. Article 36 becomes Article 37 and is worded as follows:

" Article 37. Declaration and management of Protected Natural Spaces.

1. It is up to the autonomous communities to declare and determine the formula for the management of the Protected Natural Spaces in their territorial scope.

2. It is up to the General Administration of the State to declare and manage the Protected Natural Spaces in the marine environment, except in cases where there is ecological continuity of the marine ecosystem with the terrestrial natural space. protection, supported by the best scientific evidence, in which case these functions will correspond to the autonomous communities.

3. Irrespective of the category or figure used for its protection, the limitations on the exploitation of the fishery resources in external waters shall be carried out in accordance with Article 18 of Law 3/2001 of 26 March 2001. State Maritime Fisheries.

4. In cases where a protected natural space is spread over the territory of two or more autonomous communities, they shall establish the necessary collaboration arrangements by common agreement. '

Twenty-seven. Articles 37 to 40 become Articles 38 to 41, respectively.

Twenty-eight. Article 41 becomes Article 42 and is worded as follows:

" Article 42. Natura 2000 network.

1. The European Ecological Network Natura 2000 is a coherent ecological network consisting of the Places of Community Importance (hereinafter SCI), until its transformation into Special Areas of Conservation (hereinafter ZEC), those ZEC and the Special Zones Protection for Birds (hereinafter ZEPA), whose management will take into account ecological, economic, social and cultural requirements, as well as regional and local particularities.

2. The SCIs, the ZEC and the SPAs will have the consideration of protected spaces, with the protected designation of protected space Network Natura 2000, and with the scope and limitations that the General Administration of the State and the autonomous communities establish in their legislation and the relevant planning instruments, always in their respective fields of competence.

3. The Ministry of Agriculture, Food and the Environment, with the participation of the autonomous communities, will prepare and maintain updated, in the framework of the State Strategic Plan of Natural Heritage and Biodiversity, guidelines of Conservation of the Natura 2000 network. These guidelines will constitute the guiding framework for the planning and management of these spaces and will be approved by agreement of the Sectoral Environmental Conference.

4. In order to promote the implementation of activities, consistent with the values justifying the declaration of the Natura 2000 sites, which will contribute to the well-being of local populations and to the creation of jobs, priority will be given to these activities, in particular those aimed at the conservation or restoration of the natural values of the site, in the access to grants, when provided for by the relevant regulatory bases. In the same way, it will be analyzed, within the framework of the competencies of the General Administration of the State and the Autonomous Communities, the possible introduction of interest rate subsidies, registration fees, or the employer's Social security in activities which are generally both consistent and compatible with the values justifying the declaration as Natura 2000 sites and contribute to the well-being of local populations and the creation of employment. "

Twenty-nine. Article 42 becomes Article 43 and is worded as follows:

" Article 43. Places of Community Importance and Special Areas of Conservation.

1. The SCIs are those areas of the whole of the national territory or the marine environment, together with the exclusive economic zone and the continental shelf, approved as such, which make an appreciable contribution to the maintenance or, where appropriate, to the restoration of the favourable conservation status of the natural habitat types and habitats of species of Community interest, listed respectively in Annexes I and II to this Act, in their area of natural distribution.

2. The General Administration of the State and the Autonomous Communities, within the scope of their respective competences and on the basis of the criteria set out in Annex III and in the relevant scientific information, shall draw up a list of sites located in their respective territories which may be declared as special conservation zones. The proposal, which will indicate the types of natural habitats and the indigenous species of Community interest existing in these places, will be submitted to the public information procedure. If, as a result of the prior public information procedure, an extension of the limits of the initial proposal is carried out, it will be subject to a new public information procedure.

The Ministry of Agriculture, Food and Environment will propose the list to the European Commission for approval as LIC.

From the moment the Ministry of Agriculture, Food and Environment is sent the list of proposed spaces such as LIC, for their transfer to the European Commission, they will have a preventive protection regime. to ensure that there is no reduction in the conservation status of their habitats and species until the time of their formal declaration. The submission of the proposal for a space such as LIC shall, within the maximum period of six months, make public in the official gazette of the competent authority its geographical limits, the habitats and species for which each was declared, the Priority habitats and species present and the preventive regime to be applied to them.

3. Once approved or extended the lists of SCI by the European Commission, these will be declared by the competent administrations, as ZEC as soon as possible and at most within six years, together with the approval of the corresponding plan or management instrument. In order to establish the priority in the declaration of these areas, the importance of the sites, maintenance in a favourable conservation status or the restoration of a natural habitat type of Community interest or of a species of species shall be taken into account. Community interest, as well as threats of deterioration and destruction that weigh on them, all in order to maintain the coherence of the Natura 2000 Network. "

Thirty. Article 43 becomes Article 44 and is worded as follows:

" Article 44. Areas of Special Protection for Birds.

The spaces of the national territory and the marine environment, along with the exclusive economic zone and continental shelf, more suitable in number and area for the conservation of the bird species included in Annex IV of this law and for migratory birds of regular presence in Spain, they shall be declared as ZEPA, and measures shall be established in them to avoid disturbances and special conservation as to their habitat, to ensure their survival and reproduction. In the case of migratory species which regularly arrive in the Spanish territory and the marine waters under Spanish sovereignty or jurisdiction, the protection needs of their areas of reproduction shall be taken into account, food, mute, invert and rest areas, attributing particular importance to the wetlands and especially to those of international importance. "

Thirty-one. Article 44 becomes Article 45 and is worded as follows:

" Article 45. Declaration of Special Areas of Conservation and Special Areas of Protection for Birds.

The General Administration of the State and the Autonomous Communities, prior to the procedure of public information, will declare the ZEC and the ZEPA, in the field of their respective competences. If, as a result of the prior public information procedure, an extension of the limits of the initial proposal is carried out, it will be subject to a new public information procedure.

Such statements will be published in the respective Official Diaries including information on their geographical boundaries and the habitats and species for which each was declared. From those declarations, the Ministry of Agriculture, Food and the Environment shall be informed for the purposes of its communication to the European Commission, in accordance with Article 10 of Law No 30/1992 of 26 November 1992 on the Legal status of public administrations and the Common Administrative Procedure. '

Thirty-two. Article 45 becomes Article 46 and is worded as follows:

" Article 46. Conservation measures for the Natura 2000 network.

1. With regard to the ECZs and the SPAs, the General Administration of the State and the autonomous communities, within the scope of their respective powers, shall lay down the necessary conservation measures, which meet the ecological requirements of the natural habitats and species present in such areas, which will involve:

(a) Appropriate management plans or instruments, specific to sites or integrated into other development plans, including at least the conservation objectives of the site and appropriate measures to maintain the spaces; in a favourable conservation status. These plans should take into account the needs of those municipalities in their entirety or a large percentage of their territory in these places, or with specific specific constraints linked to the management of the site.

b) Appropriate regulatory, administrative or contractual measures.

2. The competent authorities shall also take appropriate measures, in particular in such management plans or instruments, in order to prevent the deterioration of natural habitats and the habitats of natural habitats in the areas of the Natura 2000 network. species, as well as the changes affecting the species that have led to the designation of these areas, in so far as such alterations may have an appreciable effect on the objectives of this law.

3. The competent bodies, in the framework of the procedures provided for in the environmental assessment legislation, shall take the necessary measures to prevent the deterioration, pollution and fragmentation of habitats and disturbances which may be caused by affect species outside the Natura 2000 Network, insofar as these phenomena have a significant effect on the conservation status of these habitats and species.

4. Any plan, programme or project which, without having direct relation to the management of the site or without being necessary for the site, may affect the species or habitats of these spaces in a significant way, either individually or in combination with other plans, programmes or projects, it shall be subject to an appropriate assessment of its impact on the space, which shall be carried out in accordance with the rules applicable to it, in accordance with the provisions of the basic State legislation and the additional rules of protection issued by the Autonomous Communities, taking into account the the conservation objectives of this space. In the light of the conclusions of the assessment of the impact on space and subject to paragraph 5, the bodies responsible for approving or authorising the plans, programmes or projects may only express their agreement with the same after having ensured that it does not prejudice the integrity of the space in question and, if appropriate, after having submitted it to public information. The criteria for determining the existence of damage to the integrity of the space shall be determined by order of the Minister of Agriculture, Food and Environment, heard the Sectoral Conference of Environment.

5. If, in spite of the negative conclusions of the impact assessment on the site and in the absence of alternative solutions, a plan, programme or project should be carried out for overriding reasons of public interest, including Social or economic reasons, the competent public authorities shall take the necessary compensatory measures to ensure that the overall coherence of Natura 2000 is protected.

The concurrency of overriding public interest reasons can only be declared for each particular case:

a) Through a law.

(b) By agreement of the Council of Ministers, in the case of plans, programmes or projects to be approved or approved by the General Administration of the State, or the governing body of the Autonomous Community. Such an agreement shall be reasoned and public.

The adoption of the compensatory measures will take place, where appropriate, during the environmental assessment procedure of plans and programmes and environmental impact assessment of projects, in accordance with the provisions of the rules applicable. Those measures shall be implemented in the planning and implementation phase to be determined by the environmental assessment.

The compensatory measures taken will be referred to the European Commission by the appropriate channel.

6. Where the place considered to be a type of natural habitat and/or a priority species listed as such in Annexes I and II, only the following considerations may be invoked:

a) Those related to human health and public safety.

(b) Those relating to positive consequences of primary importance for the environment.

(c) Other overriding reasons of public interest in the first order, after consultation with the European Commission.

7. The implementation or implementation of any plan, programme or project likely to have an appreciable effect on species included in Annex II or Annex IV which have been classified, at State or regional level, as being in danger of extinction; may be carried out when, in the absence of other alternatives, causes relating to human health and public safety are present, those relating to positive consequences of primary importance for the environment or other overriding reasons public interest of first order. The justification for the plan, programme or project and the adoption of the corresponding compensatory measures shall be carried out in accordance with paragraph 5, except as regards the remission of the compensatory measures to the Commission. European.

8. From the time the place is on the list of SCIs approved by the European Commission, it shall be subject to the provisions of paragraphs 4, 5 and 6 of this Article.

9. From the time of the declaration of a ZEPA, it shall be subject to the provisions of paragraphs 4 and 5 of this Article. '

Thirty-three. Article 46 becomes Article 47 and is worded as follows:

" Article 47. Network consistency and connectivity.

In order to improve the ecological coherence and connectivity of the Natura 2000 network, the administrations, taking into account the provisions of Article 15, will promote the conservation of ecological corridors and the management of those elements of the landscape and terrestrial and marine areas that are essential or are of primary importance for migration, geographical distribution and genetic exchange between populations of species of wild fauna and flora, taking into account the future impacts of climate change. "

Thirty-four.  Article 47 becomes Article 48 and is worded as follows:

" Article 48. Monitoring and monitoring.

1. The General Administration of the State and the Autonomous Communities, within the scope of their respective powers, shall monitor the conservation status of habitat types and species of Community interest, taking particular account of the for priority natural habitats and priority species as well as for the conservation of the species of birds listed in Annex IV. The Environmental Sector Conference, on a proposal from the State Commission for Natural Heritage and Biodiversity, heard by the State Council for Natural Heritage and Biodiversity, will approve guidelines for establishing the methodology. common and the characteristics of this monitoring.

2. The autonomous communities shall forward to the Ministry of Agriculture, Food and the Environment information on changes in the conservation status and conservation measures referred to in Article 46.1. results and proposals for new measures to be applied, for the purpose of their reflection in the Spanish Inventory of Natural Heritage and Biodiversity, and for the Ministry to send to the European Commission the national reports required by the European Directives. "

Thirty-five. Article 48 becomes Article 49.

Thirty-six. Articles 49 to 51 become 50 to 52.

Thirty-seven. A chapter VI is added with the following wording:

" CHAPTER VI

Environmental information in the Land Registry

Article 53. Incorporation of geographic information to the Land Registry.

1. The perimeter information related to protected natural spaces, the Natura 2000 network, the public utility mounts and the public domains of the livestock routes and zones included in the Spanish Inventory of Wetlands, integrated in the Inventory Spanish of Natural Heritage and Biodiversity, will always be incorporated into the geographic information system of the registry, according to the provisions of the mortgage legislation.

2. To this end, the Ministry of Agriculture, Food and the Environment will be able to establish the autonomous communities within the framework of their powers, regardless of other instruments or electronic sites of environmental information. keep up to date an online mapping service with the geo-referenced graphical representation and metadata, in order to identify and delimit the protected space areas referred to in the previous paragraph, as well as the import of their data so that they can be contrasted with the registered farms in the application of the system Single register. The communication procedure between the respective geographical information systems shall be determined by joint ministerial order of the Ministry of Agriculture, Food and Environment and the Ministry of Justice.

3. In all information recorded, as well as in the notes of qualification or dispatch referring to farms, which according to the systems of georereferencing of land registers, intersect or colinden with space areas subject to some kind of determination In accordance with the documentation set out in the previous paragraph, the environment will be highlighted as associated territorial information and with a purely informative purpose, in any case, in any case, the consultation with the competent environmental authorities.

4. Likewise, the Real Estate Registry shall have access to the information referred to in the second paragraph, in accordance with the provisions of this law, in accordance with the provisions of this law. "

Thirty-eight. Article 52 becomes Article 54 and is worded as follows:

" Article 54. Guarantee of conservation of wild indigenous species.

1. The General Administration of the State and the Autonomous Communities, within the scope of their respective competences, shall take the necessary measures to ensure the conservation of biodiversity that lives in the wild, preferably taking into account the preservation of their habitats and the establishment of specific protection regimes for those wild species whose situation so requires, including them in one of the categories mentioned in Articles 56 and 58 of this Law.

They shall also adopt the measures that are relevant to the collection of specimens of the species of wild fauna and flora of Community interest, as listed in Annex VI, as well as the management of the species. of their holding, is compatible with the maintenance of the same in a favourable conservation state.

2. The General Administration of the State shall prohibit the importation or introduction of species or aloctonous subspecies when they are susceptible to competition with indigenous wild species, to alter their genetic purity or to the balances. ecological.

3. The importation or introduction into the national territory of a single-octane species which could potentially come under the circumstances described in the preceding paragraph shall be subject to the obtaining of an administrative authorization by the Ministry of Agriculture, Food and the Environment, without prejudice to the other requirements laid down in the relevant sectoral legislation.

The Ministry of Agriculture, Food and the Environment will, within a maximum of one year, prepare a list in which, on the basis of the existing scientific and technical information, the taxa-susceptible taxa will be included. compete with indigenous wild species, alter their genetic purity or ecological balances.

This listing will be published and updated at the website of the Ministry of Agriculture, Food and Environment.

4. Following the publication of the list provided for in the previous paragraph, the Ministry of Agriculture, Food and the Environment shall only authorise the importation into the national territory of a species included in that list when, in the first the requested import, check by means of the assessment of a risk analysis submitted by the operator, that the species is not liable to incur the circumstances described in paragraph 2. When the risk analysis of that first the application is favourable to the import, it will not be necessary to request authorizations of this type for Subsequent imports, unless new reasons of a duly substantiated scientific nature are advised to submit it to a risk analysis again.

The Ministry of Agriculture, Food and Environment will keep an updated register of the species that have been the subject of these risk analyses and the results of these tests in their electronic headquarters.

5. It shall be prohibited to kill, intentionally damage, disturb or unsettle wild animals, regardless of the method used or the stage of their biological cycle.

This prohibition includes their retention and live capture, destruction, damage, collection and retention of their nests, their offspring or their eggs, the latter still being empty, as well as possession, transport, traffic and trade. of live or dead specimens or their remains, including foreign trade.

For species of animals not falling within one of the categories defined in Articles 56 and 58, these prohibitions shall not apply in cases with specific regulation, in particular in the legislation of hunting, agriculture, public health and public health, inland fishing and sea fishing, or in cases regulated by the General Administration of the State or the autonomous communities, within the scope of their powers, for their exploitation, in a compatible manner with the conservation of these species.

6. Without prejudice to the compensatory payments which may be established for conservation reasons in general, the public authorities are not responsible for the damage caused by the species of wild fauna, except in the assumptions set out in the specific sectoral rules. '

Thirty-nine. An article 55 is added with the following wording:

" Article 55. Reintroduction of extinct indigenous wild species.

1. Public administrations will promote the reintroduction of extinct indigenous wild fauna and flora, including those missing from all over the Spanish natural environment in historical times, on which there are references. reliable written records, and of which stocks still exist elsewhere or in captivity, especially where these reintroductions contribute to the restoration of the favourable conservation status of species or habitats of Community interest.

The State Commission for Natural Heritage and Biodiversity will raise, before December 31, 2017, the Sectoral Environmental Conference, after consulting the State Council for Natural Heritage and the Biodiversity and, where appropriate, the Scientific Committee of the List and Spanish Catalogue of Threatened Species, a List of extinct species throughout the Spanish natural environment. This listing will be published in the "Official State Gazette". No projects for the reintroduction of species not present in the wild on the Spanish territory may be authorised, which are not included in the list.

2. Any public administration, or any natural or legal person governed by private law, may request the competent Directorate-General in the natural environment of the Ministry of Agriculture, Food and Environment to initiate the procedure of inclusion of a species in this List, accompanying the corresponding application, a scientific argument justifying its autochthonous character and its stable presence in the wild in the Spanish territory prior to its extinction.

3. Projects for the reintroduction of extinct indigenous wild species may be implemented by public administrations, or by any natural or legal person governed by private law, following a favourable report to the draft issued by the State Commission for Natural Heritage and Biodiversity, and the mandatory authorization of the General Administration of the State or the Autonomous Community, in their respective fields of competence, taking into account technical conditions established in the technical guidelines on the subject approved by the Sectoral Conference of the Environment, and after having adequate public participation and hearing in the terms of Law 27/2006, of July 18, which regulates the rights of access to information, public participation and access to justice in the environmental matter.

4. In the case of the reintroduction of extinct indigenous wild species of the Spanish natural environment, included in the List provided for in paragraph 1, or still present in Spain in a wild but extinct state in a given area (a) a proposal for a re-introduction, which should be given the favourable opinion of the Commission, and which may be extended by another or other autonomous communities where the target species is not present at present; State Commission for Natural Heritage and Biodiversity, and in any case, mandatory authorization of the General Administration of the State or Autonomous Community, in their respective fields of competence.

In the case of projects for the reintroduction of extinct indigenous wild species still present in Spain in a wild but extinct state in a particular territorial area and not susceptible to spread by other autonomous communities in which the target species is not present at present, the projects should only be communicated to the State Commission for Natural Heritage and Biodiversity for knowledge, any case with a mandatory authorisation from the General Administration of the State or the autonomous community, in their respective fields of competence.

5. Experimental reintroductions of extinct indigenous wild species which are not essential for the conservation of such species may be envisaged to verify that such re-introduced species is integrated into the ecosystem and its compatibility with the wild species present and the human activities existing in the area is demonstrated. If such integration does not occur, and upon sufficiently documented justification and communication to the State Commission for Natural Heritage and Biodiversity, non-essential experimental populations may be partially or fully removed or removed from the natural environment.

6. In the case of illegal reintroductions, the General Administration of the State and the autonomous communities, within the framework of their powers, will take the necessary actions to reverse the situation to the existing one before the illegal reintroduction, with the eradication of the released specimens and their descendants. "

Forty. Article 53 becomes 56 and is worded as follows:

" Article 56. List of Wild Species in Special Protection Regime.

1. The List of Wild Species in Special Protection Regime is created, which will be used as a regulation, after consultation with the autonomous communities and which will include species, subspecies and populations that are worthy of an attention and protection in the light of its scientific, ecological, cultural value, its uniqueness, rarity or degree of threat, as well as those which appear as protected in the Annexes to the Directives and international conventions ratified by Spain.

The listing will be administrative and state-wide, and will depend on the Ministry of Agriculture, Food and Environment.

2. The Ministry of Agriculture, Food and the Environment shall carry out the inclusion, change of category or exclusion of a taxon or population in this List when there is technical or scientific information that advises:

a) A proposal of the State Commission for Natural Heritage and Biodiversity, on the initiative of the Autonomous Communities or

b) ex officio.

In the case of taxa or protected stocks in the Annexes to the European Union's rules or decisions, such as those listed in Annex V, or in international instruments ratified by Spain, the inclusion in The Listing will be produced by the Ministry of Agriculture, Food and Environment, notifying the State Commission for Natural Heritage and Biodiversity in advance.

Any citizen or organization may request the initiation of the inclusion procedure, change of category or exclusion accompanying the corresponding application for a scientific argument of the proposed measure.

3. The inclusion of a taxon or population in the List of Wild Species in Special Protection Regime shall entail the periodic assessment of their conservation status.

4. The autonomous communities, in their respective territorial areas, may establish lists of wild species under special protection by determining the additional prohibitions and actions deemed necessary for their preservation or in order to establish a greater degree of protection. "

Forty-one. Article 54 becomes Article 57 and is worded as follows:

" Article 57. Prohibitions and conservation guarantees for species included in the Wild Species Listing in Special Protection Regime.

1. The inclusion in the List of Wild Species in Special Protection Regime of a species, subspecies or population carries the following generic prohibitions:

a) Trating plants, fungi or algae, collecting, cutting, musing, ripping, or intentionally destroying them in nature.

b) Dealing with animals, including their larvae, pups, or eggs, that of any action made for the purpose of killing, capturing, chasing or disturbing them, as well as the destruction or deterioration of their nests, places of reproduction, invert, or rest.

(c) In both cases, the one of possessing, naturalizing, transporting, selling, trading or exchanging, offering for sale or exchange, importing or exporting live or dead specimens, as well as their propagules or remains, except in the cases where these activities, in a manner controlled by the Administration, may be clearly beneficial for their conservation, in cases where they are regulated.

These prohibitions will apply to all phases of the biological cycle of these species, subspecies, or populations.

2. The General Administration of the State and the Autonomous Communities, within the scope of their respective powers, shall establish a system of catch control or accidental deaths and, on the basis of the information collected therein, adopt the measures necessary to ensure that they do not have significant negative impacts on the species included in the Wild Species List in Special Protection Regime and are minimised in the future. "

Forty-two.  Article 55 becomes Article 58.

Forty-three. Article 56 becomes Article 59 and is worded as follows:

" Article 59. Effects of inclusion in the Spanish Catalogue of Threatened Species.

1. As far as the Spanish Catalogue of Threatened Species is concerned:

(a) The inclusion of a taxon or population in the category of "endangered species" shall, within a maximum of three years, entail the adoption of a recovery plan, including the most appropriate measures for compliance with the the objectives sought, and, where appropriate, the designation of critical areas.

In the critical areas, and in the areas of potential reintroduction or expansion of these taxa or populations defined as such in recovery plans, conservation measures and management tools, specific for these areas or integrated into other plans, to avoid negative conditions for species that have motivated the designation of these areas.

(b) The inclusion of a taxon or population in the category of 'vulnerable' shall result in the adoption, within a maximum of five years, of a conservation plan including the most appropriate measures for the achievement of the objectives searched.

(c) For those taxa or populations that share the same conservation problems or similar geographical areas, plans may be drawn up covering several taxa or populations simultaneously.

d) For species or populations living exclusively or in high proportion in protected natural areas, Natura 2000 or protected areas by international instruments, plans may be integrated into the corresponding planning and management figures for those spaces.

2. The autonomous communities will develop and approve conservation and recovery plans for threatened terrestrial species.

3. In the case of marine species, the Ministry of Agriculture, Food and the Environment shall draw up and approve the recovery and conservation plans, by ministerial order, which shall be consistent with the intended instruments of protection. Law 41/2010 of 29 December on the protection of the marine environment, except for non-highly migratory threatened species whose habitats are located exclusively in spaces with ecological continuity of the marine ecosystem in respect of the space Terrestrial natural object of protection, endorsed by the best scientific evidence existing.

4. Without prejudice to the current health regulations, the international movement of live specimens of species included in the Spanish Catalogue of Threatened Species must have prior authorization from the autonomous community. Report of the competent Directorate-General of the Ministry of Agriculture, Food and Environment. In the case of marine species of state competence, such authorisation shall be issued by the Ministry of Agriculture, Food and the Environment. '

Forty-four. Article 57 becomes Article 60 and is worded as follows:

" Article 60. Strategies for the conservation of threatened species and the fight against threats to biodiversity. Critical situation of a species.

1. The Environmental Sector Conference, on a proposal from the State Commission for Natural Heritage and Biodiversity, and a report from the State Council for Natural Heritage and Biodiversity, will approve the conservation strategies of threatened species present in more than one autonomous community, or those that are key to the functioning of ecosystems present in more than one autonomous community, and strategies to combat major threats to the biodiversity, giving priority to those affecting the greatest number of species included in the Spanish catalogue of Threatened Species, such as the illegal use of toxic substances, electrocution and collision with electric power lines or wind farms, or plumbism. These strategies or, at least one review of which have been approved, will be published in the "Official State Gazette", with reference to the electronic headquarters in which its full content is published.

These Strategies, which will form the guiding framework for the Recovery and Conservation Plans, will include at least a diagnosis of the situation and the main threats to the species, and the actions to be undertaken. for recovery.

2. When monitoring or assessing the conservation status of an endangered species, there is an imminent risk of extinction, the Minister for Agriculture, Food and the Environment, prior to the report of the Conference. Sector of the Environment, may declare the critical situation of this species. This declaration shall result in works and projects aimed at the recovery of these species having regard to the general interest and their processing shall be of an urgent nature.

In these cases, the Ministry of Agriculture, Food and Environment will coordinate, within a working group consisting of at least one representative of that Ministry and each of the Autonomous Communities and cities with status of autonomy for the area of distribution of the species, the actions to be performed by each Administration, in the field of their competencies.

3. The Ministry of Agriculture, Food and Environment will approve the conservation strategies of marine threatened species and those to combat threats to marine biodiversity, giving priority to those that affect the greatest number of species included in the Spanish Catalogue of Endangered Species, such as accidental capture by fishing gear, collision with vessels or underwater noise. "

Forty-five.  Article 58 becomes Article 61 and is worded as follows:

" Article 61. Exceptions.

1. The prohibitions laid down in this Chapter may be without effect, subject to the administrative authorization of the Autonomous Community or the General Administration of the State, in the field of its powers, if there is no other satisfactory solution, and without prejudice to the maintenance in a favourable conservation status of the stocks concerned, in their area of natural distribution, where one of the following conditions is present:

a) If their application leads to harmful effects on the health and safety of people.

b) To prevent major damage to crops, livestock, forests, fishing and water quality. Except in the case of birds, this derogation may also be applied in case of material injury to other forms of ownership.

(c) For overriding reasons of public interest, including those of a socio-economic nature and beneficial consequences of primary importance for the environment. This derogation shall not apply in the case of birds.

(d) Where necessary for the purpose of research, education, repopulation or reintroduction, or when it is necessary for captive breeding to be targeted for such purposes.

e) In the case of birds, to prevent accidents in relation to air safety.

(f) To permit, under strictly controlled conditions and by selective methods, the capture, retention or any other prudent exploitation of certain species not included in the Wild Species List in Special protection regime, in small quantities and with precise limitations to ensure its preservation.

g) To protect wild flora and fauna and natural habitats.

2. In the case of cases of application of the last subparagraph of paragraph 1 (b) and 1 (c), the competent authorities shall specify the measures by which the principle of net loss of biodiversity shall be guaranteed. provided for in Article 2 (c), either by means of the figure of the conservation banks, either by the adoption of other instruments.

3. In the cases referred to in paragraph 1 (d), the provisions of Royal Decree 53/2013 of 1 February 2013 laying down the basic rules for the protection of animals used in experimental and other scientific purposes.

4. In the case of exceptional authorisations in which the circumstances referred to in paragraph 1 (f) are met, the State Commission for Natural Heritage and Biodiversity shall establish the necessary mechanisms to ensure, on the basis of in rigorous scientific data, that there are no other viable alternatives and that the national maximum level of catches is in line with the concept of 'small quantities'. The maximum catch quotas to be granted shall also be established, as well as the systems for monitoring compliance with those measures which must be carried out before and during the period authorized for the catch, retention or prudent operation, without prejudice to any additional controls which should also be established after that period has elapsed.

5. The administrative authorisation referred to in the preceding paragraphs shall be public, reasoned and specified:

a) The objective and justification of the action.

b) The species to which it relates.

(c) The means, facilities, systems or methods to be used and their limits, as well as the reasons and personnel qualified for their use.

(d) The nature and conditions of risk, the circumstances of time and place and where appropriate, the alternative solutions not adopted and the scientific data used.

e) The control measures that will be applied.

6. The Autonomous Communities shall communicate to the Ministry of Agriculture, Food and Environment the authorisations agreed in accordance with this Article, for the purposes of their subsequent notification to the European Commission and to the (a) relevant international, pointing out, in each case, the controls exercised and the results obtained therefrom.

7. In the case of live capture of specimens, the methods of capture or marking should take the alternative less likely to cause injury or cause mortality of the captured specimens.

8. The granting by the competent authorities of authorisations for the practice of the marking of specimens of wild fauna, in particular through the scientific examination, shall be conditional on the applicant demonstrating his/her aptitude for the development of the activity, on a minimum basis of common knowledge to be established by the Sectoral Conference of the Environment, with the collaboration of the scientific entities and societies related to the marking. "

Forty-six. Article 59 becomes Article 62.

Forty-seven. Article 60 becomes Article 63, with the following wording:

" Article 63. Ex situ conservation of biological and genetic material of wild species.

1. In order to preserve the genetic diversity of wild species and to complement conservation actions on the spot, public administrations will promote the existence of banks of genetic and biological species of species. wild.

2. The State Commission for Natural Heritage and Biodiversity will develop guidelines to promote coordinated work among the banks of genetic and biological material and public administrations. These guidelines will include, among other issues, the mechanisms for boosting the network of banks, the procedures for the exchange of information on collections, the priority taxa to be preserved ex situ and the coordination mechanisms between all those involved. The guidelines will be approved, after the State Council for Natural Heritage and Biodiversity report, by the Sectoral Environmental Conference. These strategies or, at least one review of which have been approved, will be published in the "Official State Gazette", with reference to the electronic headquarters in which its full content is published.

3. Priority shall be given, among others, to the conservation of biological and genetic material of species listed in the Wild Species List under Special Protection Regime, with particular attention to endemic or cataloged species.

4. The Autonomous Communities shall keep a register of the banks of biological and genetic material of wild species in their territory, with updated information on the preserved collections. To this end, the banks shall provide, at least annually, such information to the competent authority of their autonomous community.

5. The Spanish Inventory of Biological and Genetic Material Banks of Wild Species, under the Ministry of Agriculture, Food and Environment, will be created, which will be informative and will include the data that will be autonomous communities. "

Forty-eight. Article 61 becomes Article 64 and is worded as follows:

" Article 64. Spanish Catalog Of Invasive Alien Species.

1. The Spanish Catalogue of Invasive Alien Species is hereby established, the structure and operation of which shall be regulated and included, where technical or scientific information is provided, as advised by all species and invasive alien sub-species constituting a serious threat to indigenous species, habitats or ecosystems, agronomy or to the economic resources associated with the use of natural heritage.

This catalogue will depend on the Ministry of Agriculture, Food and the Environment, with administrative character and state level.

2. The inclusion of a species in the Spanish Catalogue of Invasive Alien Species will be carried out by the Ministry of Agriculture, Food and Environment, on a proposal from the State Commission for Natural Heritage and Biodiversity, prior to the initiative of the Autonomous Communities or the Ministry itself, where technical or scientific information is available to advise it.

Any citizen or organisation may request the initiation of the procedure for the inclusion or exclusion of a species or subspecies, accompanying the relevant application for a scientific argument of the measure proposal.

3. The inclusion in the Spanish Catalogue of Invasive Alien Species carries the generic prohibition of the possession, transport, trafficking and trade of live specimens, their remains or propagules that could survive or reproduce, including trade outside. This prohibition may be without effect, subject to the administrative authorization of the competent authority, where necessary for reasons of research, health or safety of persons, or for the purposes of control or eradication, within the framework of strategies, plans and campaigns which, to this end, are approved.

4. On the part of the competent authorities, monitoring of alien species with invasive potential will be carried out, in particular those species which have demonstrated this character in other countries or regions, in order to propose, if necessary, their inclusion in the Spanish Catalogue of Invasive Alien Species.

5. The Ministry of Agriculture, Food and the Environment and the Autonomous Communities, within the framework of the State Commission for Natural Heritage and Biodiversity, will develop strategies that contain management, control and possible guidelines. eradication of the species of the Spanish Catalogue of Invasive Alien Species, giving priority to those species that pose a greater risk for the conservation of the indigenous fauna, flora or habitats threatened, with particular attention to the island biodiversity. The Sectoral Environment Conference, on a proposal from the State Commission for Natural Heritage and Biodiversity, and a report from the State Council for Natural Heritage and Biodiversity, will approve these strategies, which will have guidance character.  These strategies or, at least one review of which have been approved, will be published in the "Official State Gazette", with reference to the electronic headquarters in which its full content is published.

6. The Autonomous Communities, in their respective territorial areas, may establish Invasive Alien Species Catalogs, determining the additional prohibitions and actions deemed necessary for their eradication.

7. The Ministry of Agriculture, Food and Environment will approve strategies for invasive alien species. "

Forty-nine. An Article 64a is added with the following wording:

" Article 64a. Invasive alien species of concern to the Union.

1. The management of invasive alien species of concern to the Union shall be carried out in accordance with the provisions of Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of introduction and spread of invasive alien species.

2. Failure to comply with the obligations laid down in that Regulation shall entail the imposition of the respective penalties provided for in Title VI of this Law. '

Fifty. Articles 62 to 65 become Articles 65 to 68 respectively.

Fifty-one. Article 66 becomes Article 69, with the following wording:

" Article 69. Objectives of the Spanish Network of Biosphere Reserves.

1. The objectives of the Spanish Biosphere Reserves Network are:

a) Maintain a defined and interconnected set of "natural laboratories"; comparable monitoring stations for the relations between the human communities and the territories in which they are developed, with special attention to the processes of mutual adaptation and the changes generated.

b) Ensure the effective continuous comparison and transfer of the information thus generated to the scenarios in which it results from application.

c) Promote the generalization of models of management and sustainable management of the territory.

2. The Spanish MaB Committee is the collegiate body of advisory and scientific character, attached to the Ministry of Agriculture, Food and Environment, whose composition, contents and functions will be defined regulatively. The Committee shall exercise the power of coordination which corresponds to the State making available to the competent bodies in the Biosphere Reserves the organizational structure and means necessary for the evaluation to be carried out with the guarantees of technical rigour, objectivity and comparability to facilitate compliance with the standards of the programme defined by UNESCO, ensuring an appropriate balance between respect for territorial autonomy and the need to avoid These lead to compartmentations that do not know the system's own unity, always without prejudice to the functions which correspond to the management body itself of each biosphere reserve in accordance with the terms set out in Article 70 (c).

The MaB Committee will carry out the mandatory evaluations of each Biosphere Reserve, assessing its adequacy to the objectives and requirements established and, where appropriate, proposing the correction of the contradictory aspects. "

Fifty-two. Article 67 becomes Article 70, with the following wording:

" Article 70. Characteristics of the Biosphere Reserves.

The Biosphere Reserves, for integration and maintenance as such, shall respect the applicable UNESCO guidelines and standards and have at least:

a) A spatial order integrated by:

1. One or several core areas of the Reserve that are protected natural spaces, or LIC, or ZEC, or ZEPA, of the Natura 2000 Network, with the basic objectives of preserving biological diversity and ecosystems, which have the appropriate planning, use and management planning that will basically enhance these objectives.

2. One or more zones of protection of the core zones, which allow the integration of the basic conservation of the core zone with the environmentally sustainable development in the protection zone through the corresponding planning, use and management planning, specific or integrated in the planning of the respective core zones.

3. One or more transition zones between the Reserve and the rest of the space, which will allow to stimulate socio-economic development for the improvement of the population's well-being, taking advantage of the potential specific resources of the Reserve in a sustainable way, respecting the objectives of the program and the Person and Biosphere Program.

b) Specific strategies of evolution towards the objectives identified, with its corresponding programme of action and a system of indicators adapted to that established by the Spanish MaB Committee, which allows to assess the degree of Compliance with the objectives of the MaB Programme.

c) A management body responsible for the development of strategies, action lines and programmes and other public participation, in which all the social actors of the reserve are represented. "

Fifty-three. Article 68 becomes Article 71, with the following wording:

" Article 71. Access and use of genetic resources from wild taxa and profit distribution.

1. Access to genetic resources from wild taxa and the sharing of benefits arising from their use shall be governed by the provisions of the Convention on Biological Diversity, in the Nagoya Protocol on access to resources. genetic and fair participation in the benefits arising from its use and its development instruments, and, where appropriate, in the International Treaty on Plant Genetic Resources for Food and Agriculture World Food and Agriculture Organization (FAO).

2. By making use of the powers conferred on the Member States by Article 15 of the Convention on Biological Diversity and Article 6 of the Nagoya Protocol, access to these Spanish genetic resources shall be subject to royal decree. prior informed consent requirements and mutually agreed conditions. As proof of having provided the prior informed consent and having established mutually agreed conditions, an authorisation of access to these resources shall be issued. The royal decree will provide for a simplified authorisation procedure for access to these genetic resources, when their use is for non-commercial research purposes.

3. The competence to provide prior informed consent, to establish mutually agreed conditions, and consequently to issue access authorization for Spanish genetic resources, will be the responsibility of the autonomous communities of the the territory of the territory of the territory of the territory of the territory of the territory of the territory of the territory of the territory of the territory of the territory of the territory of the territory of the territory of the territory of the territory of the Member State

.

The General Administration of the State shall be competent in the case of the following resources:

(a) Marine genetic resources, as provided for in Article 6 (d) and (e) of the first provision of this law.

b) Genetic resources found in state-owned public domain assets.

c) Genetic resources found in ex situ conservation institutions of a state or state ownership.

The supply of genetic resources of non-Spanish origin that are located in Spanish ex situ conservation institutions or located in Spanish territory shall be governed by the provisions of Article 72.

d) Genetic resources from land-based wild taxa whose range of distribution spans more than one autonomous community.

4. Access for exclusively taxonomic purposes shall be excluded from the access regulation provided for in this Article. In such cases, access to third parties shall be prohibited, except where for the same purpose.

Also excluded:

(a) Plant genetic resources for agriculture and food, which are regulated by Law 30/2006, of 26 July, of seed and nursery plants and plant genetic resources.

b) The fishery resources regulated by Law 3/2001, of 26 March, of Maritime Fisheries of the State.

c) Animal genetic resources for agriculture and food, which will be governed by their specific regulations.

5. The Ministry of Agriculture, Food and Environment will act, in accordance with the Nagoya Protocol, as a national focal point on access to genetic resources and fair and equitable participation in the benefits arising from its use. The General Administration of the State and the Autonomous Communities, in the exercise of the powers provided for in this Article, shall designate their competent authorities for access to genetic resources, which shall be notified to the Ministry of Agriculture, Food and the Environment as a national focal point in the field. The national focal point will be in charge of providing information to those interested in accessing genetic resources in Spain on the conditions and on the competent authorities of access to the genetic resources with which they must contact.

6. The competent authorities for access to genetic resources shall notify the authorisations, the contents of which shall be in accordance with the Nagoya Protocol and their development mechanisms, to the national focal point. The national focal point will move them to the Information Exchange Centre provided for in the Nagoya Protocol, at which time they will become internationally recognised certificates of compliance.

The royal decree will also establish the models that will be the same throughout the national territory.

If it is intended to obtain patents on the basis of genetic resources, the patent application will be governed by the provisions of the current patent law. The Ministry of Agriculture, Food and the Environment will participate in the regulatory development of this legislation.

When in the course of an investigation with genetic resources obtained for non-commercial purposes a possible commercial use is involved, the data subject shall request a new authorisation from the competent authority.

7. The benefits derived from the use of genetic resources will be primarily intended for the conservation of biodiversity and the sustainable use of its components. In the case of genetic resources that have been granted access by the General Administration of the State, the benefits derived from its use shall be channelled through the Fund for Natural Heritage and Biodiversity.

8. The different competent authorities for access to genetic resources shall be responsible for ensuring the correct use of the genetic resources to which they have granted access. In cases where the competent authorities of access to genetic resources detect breaches of access to or use of genetic resources under their competence, by users who are outside the territory of the territory of the European Union, These shall notify the national focal point of such information to the national focal point for consultations with the country in which the possible irregular use of Spanish genetic resources has occurred.

9. The royal decree will provide for the creation of a specialized committee within the State Commission for Natural Heritage and Biodiversity in which the autonomous communities will be represented, as well as the ministerial departments that will be represented. affected by the monitoring of the issues referred to in this Article and in Article 72 and the second, third and fourth paragraphs of Article 74.

10. Independently of the provisions of this Article, the autonomous communities, within their territorial scope, may establish conditions for access to genetic resources on the spot when their collection requires special protection to preserve their conservation and sustainable use, notifying the body designated by the Ministry of Agriculture, Food and the Environment as a national focal point in this field, for the purpose of this report to the Union's cooperation bodies European competent in the field and the bodies of the Convention on Biological Diversity. "

Fifty-four. Article 72 is added, with the following wording:

" Article 72. Control of the use of genetic resources.

1. The monitoring and enforcement measures for the use of genetic resources in Spain shall be carried out in accordance with the provisions of Regulation (EU) No 511/2014 of the European Parliament and of the Council of 16 April 2014 on measures to be taken compliance of users of the Nagoya Protocol on access to genetic resources and fair and equitable participation in the benefits arising from their use in the Union. The actual development decree of Articles 71 and 72 shall include the designation of the authorities responsible for the implementation of Regulation No 511/2014 of the European Parliament and of the Council of 16 April 2014.

2. Failure to comply with the obligations laid down in that Regulation shall entail the imposition of the respective infringements and penalties provided for in Title VI of this Law. '

Fifty-five. Article 69 becomes Article 73.

Fifty-six. Article 70 becomes Article 74, with the following wording:

" Article 74. Promotion of traditional knowledge for the conservation of Natural Heritage and Biodiversity.

1. In accordance with the rules, resolutions and principles of the Convention on Biological Diversity and the World Intellectual Property Organization, public administrations:

(a) Preserve, maintain and promote knowledge and practices of customary use that are of interest to the conservation and sustainable use of natural heritage and biodiversity.

b) Promote that the benefits derived from the use of these knowledge and practices are shared equally.

c) Promote the realization of Traditional Knowledge Inventories relevant to the conservation and sustainable use of biodiversity and geodiversity, with special attention to ethnobotanic. These will be integrated into the Spanish Inventory of Traditional Knowledge of Natural Heritage and Biodiversity.

2. The use in Spain of traditional knowledge associated with genetic resources from a third country shall be in accordance with the national rules of access to the traditional knowledge associated with genetic resources of that third country. country, all in accordance with the Nagoya Protocol.

3. Monitoring and enforcement of the use of traditional knowledge associated with genetic resources from a third country Party to the Nagoya Protocol shall be carried out in accordance with Regulation 511/2014 of the European Parliament. European Union and the Council of 16 April 2014.

4. Failure to comply with the obligations laid down in that Regulation shall entail the imposition of the respective infringements and penalties provided for in Title VI of this Law.

5. As regards the protection of traditional knowledge of the Spanish Inventory of Traditional Knowledge relating to biodiversity and its relationship with intellectual and industrial property rights, it will be established in international law and, where applicable, in the law in force in the field of patents. "

Fifty-seven. Articles 71 to 73 become 75 to 77, respectively

Fifty-eight. Article 74 becomes Article 78 and is worded as follows:

" Article 78. The Fund for Natural Heritage and Biodiversity.

1. The Fund for Natural Heritage and Biodiversity is created to implement measures to support the achievement of the objectives of this law, as well as sustainable forest management, the strategic prevention of forest fires and the protection of forest and natural spaces in the financing of which the General Administration of the State participates.

This fund will be able to finance actions of a multi-annual nature and will act as a co-financing instrument to ensure territorial cohesion. The fund shall be allocated to the appropriations allocated in the general budget of the State, including the appropriations which are the subject of co-financing by Community financial instruments for the same purposes and with other sources of funding that can be established in the future.

2. The Fund's objectives shall be:

(a) Promote, through appropriate incentives, investment, management and management of natural heritage, biodiversity and geodiversity, in particular, the development of plans, instruments and management projects protected natural areas, the Natura 2000 network and the areas protected by international instruments, and the management of natural resources, as well as in situ and ex situ conservation of species in the Spanish Catalogue of Species Threatened.

b) Develop other actions and create additional instruments that contribute to the defense and sustainability of protected natural spaces, the Natura 2000 Network and the protected areas by international instruments, and natural resource management, as well as the conservation of species of the Spanish Catalogue of Threatened Species.

c) Making sustainable models of conservation of natural heritage and biodiversity viable, in particular in protected natural areas, in the Natura 2000 Network, and in areas protected by international instruments.

d) Contribute to the implementation of the measures included in the strategies and plans for the conservation of endangered habitats and listed species.

e) Promote, through appropriate incentives, investment, management and forest management, in particular, the development of project management of mountains or of dasocratic plans.

f) Institutional financial mechanisms to make sustainable management models for forestry, hunting and farming activities viable.

g) To enhance and promote the ecological, social and cultural functions of forest spaces and those carried out by the social and economic agents linked to protected natural spaces and the Natura 2000 network, how to support natural resource conservation and environmental services.

h) Support forest fire prevention actions.

i) Support actions to eliminate other serious impacts on natural heritage and biodiversity, in particular the control and eradication of invasive alien species and the fragmentation of habitats.

j) Encourage the pooling of forest ownership for the development of joint forestry holdings, which promote sustainable forest management.

k) Promote forest certification.

l) Financing specific actions of applied research, demonstration and experimentation related to the conservation of natural heritage, biodiversity and geodiversity.

m) Financing specific actions related to the custody of the territory.

n) Promote the use and support of the production and marketing of products from protected natural areas, Natura 2000 network and certified forests.

o) Promote the preservation, maintenance and promotion of knowledge and practices of customary use that are of interest to the conservation and sustainable use of natural heritage and biodiversity by, among other procedures, the incentive of the agents that apply them.

p) Develop other complementary actions and objectives that contribute to the defense and sustainability of natural heritage and biodiversity.

q) Promote ecological production in areas included in protected natural areas, in the Natura 2000 Network and Biosphere Reserves.

r) Financing specific actions to prevent erosion and desertification, preferably in protected natural areas, in the Natura 2000 Network and Biosphere Reserves.

s) Encourage studies and surveys to pursue the development and updating of the Spanish inventory of natural heritage and biodiversity.

t) Promote outreach initiatives that promote social awareness and awareness for the conservation and sustainable use of Spanish natural heritage.

3. The implementation of the actions to be financed from the Fund shall be the responsibility of the General Administration of the State and the Autonomous Communities, in their respective areas of competence, with which they have previously been established by means of the measures to be co-financed.

4. By Royal Decree, after consultation with the autonomous communities, the operation of the Fund for the natural heritage will be regulated, which will guarantee the participation of them, singularly in all those objectives of the Fund that have an impact on their competencies.

5. The administrations will work from the principle of subsidiarity by giving participation, in the actions and benefits of the proposed measures, to the inhabitants and the owners of the territories benefited by the measures promoted by the Background. "

Fifty-nine. Article 75 becomes Article 79.

Sixty. Article 76 becomes Article 80 and is worded as follows:

" Article 80. Classification and classification of infringements.

1. For the purposes of this law, and without prejudice to the provisions of this law, administrative offences shall be considered as:

(a) The use of chemicals or biological substances, the performance of discharges, both liquid and solid, the waste spill, as well as the deposit of solid elements for fillers, which alter the conditions of the ecosystems with damage to the values contained therein. In their own way, the commission of the facts mentioned above will have to be considered an infringement even if there has been no damage, provided that there has been a serious risk of altering the conditions of the ecosystems.

b) destruction, death, deterioration, collection, trade or exchange, capture and supply for the purpose of sale or unauthorised exchange or naturalization of endangered species of endangered flora and fauna, as well as the of its propagules or remains.

c) The destruction or deterioration of habitats included in the "in danger of disappearance" category of the Spanish Catalogue of Habitats in Danger of Disappearance.

d) The destruction of the habitat of endangered species in particular from the place of reproduction, invert, rest, champion or food.

e) The significant destruction or deterioration of the components of the habitats included in the category of "in danger of disappearance" of the Spanish Catalogue of Habitats in Danger of Disappearance.

(f) In the absence of the corresponding administrative authorisation, the possession, transport, traffic or trade of species included in the Spanish Catalogue of Invasive Alien Species, the import or introduction for the first time in the national territory, or the first release into the medium, of a species susceptible to competing with the indigenous species.

g) The introduction, maintenance, breeding, transport, marketing, use, exchange, reproduction, cultivation or release in the natural environment of invasive alien species of concern to the Union without permission or administrative authority.

h) The alteration of the conditions of a protected natural space or its own products by occupation, ropping, cutting, starting, or other actions.

i) The installation of advertising posters or the production of sensitive landscape impacts in protected natural spaces.

j) The significant deterioration or alteration of the priority habitat components of Community interest or the destruction of components, or significant deterioration of the other habitat components of Community interest.

k) The destruction, death, deterioration, collection, possession, trade, or exchange, capture and offer for sale or exchange or unauthorized naturalization of species of flora and fauna listed as vulnerable, as well as that of propagules or remains.

l) The destruction of the habitat of vulnerable species, in particular the place of reproduction, invert, rest, power or food and the areas of special protection for wild flora and fauna.

(m) The capture, unjustified persecution of wildlife species and the grubbing-up and short of flora species in those cases where administrative authorisation is required, in accordance with the specific regulation of the Continental fishing, hunting and fishing legislation, where such authorisation has not been obtained.

n) The destruction, death, deterioration, collection, possession, trade or exchange, capture and offer for sale or exchange or unauthorized naturalization of flora and fauna species included in the List of Species Wild in Special Protection Regime, which are not catalogued, as well as those of propagules or remains.

or) The destruction of the habitat of species included in the List of Wild Species in Special Protection Regime that are not cataloged, in particular from the place of reproduction, invert, rest, champion or food.

p) The perturbation, death, capture and intentional retention of bird species in breeding and breeding times, as well as during their journey back to breeding sites in the case of migratory species.

q) The significant alteration of habitats of community interest.

r) The holding and use of ammunition containing lead during the exercise of hunting and sporting shooting, when these activities are carried out in wetlands included in the List of the Convention on Wetlands of Importance International, in wetlands included in the Natura 2000 Network and in wetlands included in protected natural areas.

s) Failure to comply with obligations and prohibitions laid down in regulatory standards and in management instruments, including plans, of protected natural spaces and protected spaces Network Natura 2000.

t) The supply or storage of fuel by the permanent anchorage of tank-tanks in the waters within the protected natural spaces and the protected spaces Network Natura 2000, the reception of such fuel as well as the supply of fuel to the referred-to-tank.

The anchorage shall be deemed to be permanent even if there are any periods of absence of the vessel or replace or replace the one by another of the same company, shipowner or group, provided that the purpose of the anchorage is the storage for the fuel supply.

u) Access to genetic resources of Spanish origin without having respected the procedures set out in Article 71.

v) The use of genetic resources or traditional knowledge associated with genetic resources without having respected the obligations laid down in Regulation (EU) 511/2014 of the European Parliament and of the Council of 16 April 2014 2014 on the measures for the compliance of users of the Nagoya Protocol on access to genetic resources and fair and equitable participation in the benefits arising from their use in the Union, mentioned in the Articles 72 and 74 of this Law.

w) The reintroduction of indigenous fauna and flora species that has not followed the provisions of Article 55.

x) Non-compliance with other requirements, obligations or prohibitions set forth in this law.

2. The offences referred to in the previous paragraph shall be described as follows:

(a) As very serious, those referred to in paragraphs (a), (b), (c), (d), (e), (f), (g) and (t) if the valuation of the damage exceeds EUR 100 000; and those referred to in paragraphs (b), (k), (n), (t), (u) and (v), where the profits made exceed EUR 100 000, as well as those collected in any of the other paragraphs, if the assessment of the damage exceeds EUR 200 000; and the recidivism when a serious infringement of the same type is committed as the result of a previous sanction, within two years of the notification of the latter, provided that the penalty decision has been acquired firmness on the administrative path.

(b) As serious, as referred to in paragraphs (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o), (t), (u), (v) and (w) where they are not considered to be very serious; those referred to in paragraphs (p), (q), (r), (s) and (x), if (a) the value of the damage exceeds EUR 100 000; and the recidivism when a minor infringement of the same type is committed, which was the subject of a previous sanction within two years of notification of the measure, provided that the sanctioning has acquired firmness on the administrative path.

(c) As a minor, as referred to in paragraphs (p), (q), (r), (s) and (x), if no damage has occurred or the valuation does not exceed EUR 100 000. '

Sixty-one. Article 77 becomes Article 81 and is worded as follows:

" Article 81. Classification of sanctions.

1. The offences listed in the previous article shall be punishable by the following fines:

a) Minor infractions, with fines of 100 to 3,000 euros.

b) Serious infractions, with fines of 3,001 to 200,000 euros.

c) Very serious infractions, fines of 200,001 to 2,000,000 euros, without prejudice to the possibility of the autonomous communities increasing the maximum amount.

2. In the imposition of sanctions, due consideration must be given to the seriousness of the fact that the infringement was established and the sanction applied, taking into account the following criteria: the magnitude of the risk involved the amount, if any, of the damage caused; its importance as regards the safety of the persons or property protected by this law; the circumstances of the person responsible; the degree of intentional intentionality in the offender or offenders; and, where appropriate, the benefit unlawfully obtained as a result of the infringing behaviour, as well as the irreversibility of damage or deterioration produced.

3. In the case of non-compliance with the due diligence obligation provided for in Regulation (EU) No 511/2014 of the European Parliament and of the Council of 16 April 2014 on measures for the compliance of users of the Nagoya Protocol on Access to genetic resources and fair and equitable participation in the benefits arising from their use in the Union may also be immediately suspended from the specific activities of the use of the genetic resource. in question, such as the marketing of products based on genetic resources and associated traditional knowledge or the confiscation of illegally obtained genetic resources.

4. The penalty for offences established in this law shall be the responsibility of the competent authorities of the State Administration or of the Autonomous Communities in their respective fields of competence.

It is up to the General Administration of the State, through the Ministry of Agriculture, Food and Environment, to impose sanctions in those cases where the administrative infringement has fallen within its scope of competencies.

5. The investigating administration may agree to the imposition of periodic penalty payments, repeated for periods of time that are sufficient to comply with the order, if the offenders do not proceed to reparation or compensation, according to the laid down in Article 79. The imposition of such periodic penalty payments shall require the requirement to indicate the time limit for the fulfilment of the obligation and the amount of the fine which may be imposed. In any event, the time limit must be sufficient to fulfil the obligation. In the event that, once the periodic penalty payment is imposed, the non-compliance which has been motivated will be maintained, it may repeat as often as they are necessary until the obligation has been complied with, without, in any event, the time limit set in the new requirements may be lower than the one set in the first. The periodic penalty payments are independent and compatible with those that can be imposed as a sanction.

6. In the field of the General Administration of the State, the amount of each of those periodic penalty payments shall not exceed EUR 3,000.

7. The Government may, by way of royal decree, carry out the updating of the penalties provided for in paragraph 1. '

Sixty-two. Articles 78 and 79 become Articles 82 and 83 respectively.

Sixty-three. The first additional provision is amended, which is worded as follows:

" Additional disposition first. Exercise of the powers of the General Administration of the State on the spaces, habitats and marine species.

Without prejudice to the provisions of Law 41/2010 of 29 December, and of the powers conferred upon them by the Autonomous Communities in this field, the exercise of the state powers over the spaces, habitats and marine species shall be in accordance with the following paragraphs:

(a) The protection, conservation and regeneration of fishery resources in the external waters shall be governed by the provisions of Title I, Chapters II and III of Law 3/2001 of 26 March.

(b) The limitations or prohibitions of fishing activities in the external waters of the Protected Natural Spaces and protected spaces Network Natura 2000 shall be established by the Government in accordance with the established criteria. in the environmental regulations, in accordance with the provisions of article 18 of Law 3/2001, of March 26.

c) The limitations or prohibitions established in the field of merchant marine, ports of general interest and maritime signage in Protected Natural Spaces and protected spaces Network Natura 2000, located in the middle marine will be adopted by the Government in accordance with the provisions of the Royal Legislative Decree 2/2011, of 5 September, for which the Recast Text of the Law of Ports of the State and the Merchant Navy is approved.

d) The functions of the General Administration of the State in the marine environment, exclusive economic zone and continental shelf in matters of defense, fishing and marine crops, merchant marine, ports of general interest and signage maritime, extractions of remains, protection of the Spanish archaeological heritage, research and exploitation of resources or other not regulated in this law, shall be exercised in the form and by the departments or bodies entrusted to them, without prejudice to the provisions of the specific legislation or international conventions If applicable, if applicable.

e) Promoting coordination between policies for the conservation and sustainable use of biodiversity and landscape and national research programmes. "

Sixty-four. The third additional provision is amended, which is worded as follows:

" Additional provision third. Fishery resources and plant genetic and zoogenetic resources for agriculture and food.

Except as provided for in Article 71, they are excluded from the scope of this Law:

(a) Plant genetic resources for agriculture and food, which are regulated by Law 30/2006, of 26 July, of seed and nursery plants and plant genetic resources.

b) The fishery resources regulated by Law 3/2001, of 26 March, of Maritime Fisheries of the State.

c) Animal genetic resources for agriculture and food, which will be governed by their specific regulations. "

Sixty-five. The second and third paragraphs of the fourth additional provision are deleted.

Sixty-six. An additional eighth provision is added with the following wording:

" Additional disposal octave. Cross-compliance of aid.

Public aid financed exclusively from national funds and transfers of national funds to the autonomous communities for any purposes provided for in this rule will be linked to the effective implementation of the the reporting obligations provided for in this law. "

Sixty-seven. An additional ninth provision is added with the following wording:

" Additional provision ninth. Exemption of urban rates for works of general interest.

The General Administration of the State shall be exempt from the payment of fees for the issuance of licenses that are payable under the planning legislation, for works that are declared of general interest according to the provided for in Article 4.3. "

Sixty-eight. An additional tenth provision is added with the following wording:

" Additional Disposition 10th. Environmental assessment of the plans for the management of protected natural spaces or the sites of the Natura 2000 network.

Only the plans for the management of protected natural spaces or the sites of the Natura 2000 network that establish the framework for the future authorization of projects legally submitted to environmental impact assessment in the Terms provided for in Article 6.1.a) of Law 21/2013, of 9 December, of Environmental Assessment, shall be subject to strategic environmental assessment. "

Sixty-nine. An additional eleventh provision is added with the following wording:

" Additional Disposition 11th. Use of airspace, transit and air transport.

1. The limitations or prohibitions of flight to aircraft in protected natural spaces and in protected areas of the Natura 2000 Network shall be established by the Government in accordance with the provisions of Article 3 of Law 48/1960 of 21 December 1990. July, on Air Navigation.

2. The report of the Inter-Ministerial Defence and Development Committee shall be sought in the light of the limitations or prohibitions referred to in the previous paragraph. "

Seventy. An additional twelfth provision is added with the following wording:

" Additional Disposition 12th. Goods affected by the National Defense, the Ministry of Defense or the use of the armed forces.

In the procedures for drawing up the Natural Resources Management Plans and in the procedures for the declaration and determination of the management formula that the competent administration determines in each case for the spaces Protected Natural and Protected Areas Network Natura 2000, in which land, buildings and installations, including their protection zones, affected by the National Defense, will be affected, will be obtained report from the Ministry of Defense, which will have binding nature in what is affecting the National Defense and which will have to be evacuated within the two months. "

Seventy-one. The repeal provision is amended, which is worded as follows:

" Repeal provision. Regulatory repeal.

1. The provisions of a general nature which are contrary to the provisions of this Law and, in particular, Law 4/1989 of 27 March of Conservation of Natural Spaces and of Wild Fauna and Flora are hereby repealed. First of Law 10/2006 of 28 April, amending Law 43/2003 of 21 November of Montes and Annexes I, II, III, IV, V and VI of Royal Decree 1997/1995 of 7 December 1995 laying down measures to contribute to the to ensure biodiversity through the conservation of natural habitats and wild fauna and flora.

2. The following Articles shall also be repealed with regard to hunting with a claim: Articles 23.5.a), (b), and (c); 31.15; and 34.2 of Law 1/1970, of 4 April, of Hunting, and Articles 25.13.a), (b) and (c); 33.15, 33.18, 33.19; 37; 48.1.15; 48.2.17; 48.2.31 and 48.3.46 of Decree 506/1971 of 25 March, approving the Regulation for the implementation of the Law of Hunting.

3. Article 10 of Royal Decree 139/2011 of 4 February 2011 for the development of the List of Wild Species in Special Protection Regime and the Spanish Catalogue of Threatened Species is repealed by Article 60.2 of this Law.

4. The additional provision of Law 41/2010, for the Protection of the Marine Environment, is hereby repealed by Article 71 of this Law. "

Seventy-two. The second final provision is amended, which is worded as follows:

" Final Disposition Second. Competitive titles.

1. This law has the character of basic legislation on the protection of the environment, in accordance with the provisions of Article 149.1.23. of the Spanish Constitution, except for the following provisions in which, in addition to being dictated by the Article 53, which is issued pursuant to Article 149.1.8, which confers on the State exclusive competence in the field of the management of registers, Article 4.3 and the second paragraph of Article 53 of the Treaty. Article 60.2, which is given in the context of Article 149.1.24, which it attributes to the State exclusive jurisdiction over public works of general interest, Article 54 (2), (3) and (4) and Article 71, which constitute foreign trade legislation issued pursuant to Article 149.1.10. which constitutes exclusive competence in the field of international relations dictated by Article 149.1.3. of the Constitution.

2. Article 76.2 and the Additional Provision are not basic, which shall apply only to the General Administration of the State, its Public Bodies and State Agencies. "

Seventy-three. Annex VIII to the Act is amended, which shall be worded as follows:

" ANNEX VIII

Geodiversity of Spanish territory

I. Most representative geological units

1. Unique geological structures and formations of the Orogen Varisco in the Iberian Massif.

2. Unique geological structures and formations of the base, aloctonous units and mesocenozoic quilts of the Alpine ranges.

3. Unique geological structures and formations of the continental and marine cenozoic basins.

4. Volcanic systems.

5. Deposits, soil soil, and unique forms of modeling representative of the current and past climate action.

6. Deposits and forms of unique modelling of river, lake and wind origin.

7. Coastal and coastal modelling deposits and forms.

8. Karst systems in carbonates and evaporites.

II. Geological contexts of Spain of global relevance

1. Fluvial network, frogs and levalachian reliefs of the Iberian Massif.

2. Coasts of the Iberian Peninsula.

3. Karst systems in carbonates and evaporites from the Iberian Peninsula and the Balearic Islands.

4. Stratigraphic successions of the lower and middle Paleozoic of the Iberian Massif.

5. The Carboniferous of the Cantabrian Zone.

6. The "rifting" of Pangea and the Mesozoic successions of the Betica and Iberian mountain ranges.

7. Fossils and icnofossils of the continental Mesozoic of the Iberian Peninsula.

8. Stratigraphic sections of the Cretaceous-Paleogen boundary.

9. Surpirenic synogenic basins.

10. Continental cenozoic basins and associated vertebrate sites of the Spanish Levante.

11. Olistostromal units of the betic forecountry.

12. Messinian evaporitic episodes (Mediterranean salinity crisis).

13. Spanish Pliocene and Pleistocene vertebrate sites.

14. Neogen vulcanism and quaternary of the Iberian Peninsula.

15. Volcanic buildings and morphologies of the Canary Islands.

16. The Iberian varius orogen.

17. Myocene extension in the Alboran Domain.

18. Mercury mineralizations from the Almadén region.

19. The Iberian Pyritic Girdle.

20. The mineralizations of Pb-Zn and Fe of the Urgonian basin of the Basque-Cantabrian basin.

21. Fiobolytic complexes of the Iberian Peninsula. "

Single additional disposition. Public expenditure.

The measures included in this law may not result in any increase in appropriations, remuneration, or other personnel costs.

Final disposition first. Amendment of Law 26/2007 of 23 October on Environmental Liability.

1. Paragraph (b) of Article 2.1 of Law 26/2007 of 23 October on Environmental Liability is worded as follows:

" (b) Water damage, understood as any damage resulting from significant adverse effects:

1. No. Both in the ecological, chemical and quantitative state of the surface water or groundwater masses, as in the ecological potential of the artificial and highly modified water masses. For such purposes, the definitions laid down in the water legislation shall be defined.

The adverse effects to which Article 39 of the Hydrological Planning Regulation, approved by Royal Decree 907/2007, of 6 July 2007, will not be considered to be harmful to the waters.

2. In the environmental state of marine waters, as defined in Law 41/2010 of 29 December of the Protection of the Marine Environment, to the extent that various aspects of the environmental state of the marine environment are not already covered by the recast of the Water Act adopted by Royal Decree-Law 1/2001 of 20 July. "

2. Article 45.3 of Law 26/2007 of 23 October on Environmental Liability is worded as follows:

" 3. The competent authority shall resolve and notify within the maximum period of six months. In scientific and technically complex cases, the authority may extend this period to an additional three months by notifying the parties concerned of such extension. For the sole purpose of allowing the persons concerned to take over the administrative or administrative proceedings which have taken place, the time limit referred to shall be deemed to have been rejected or the expiry date shall be deemed to be invalid. of the proceedings initiated on its own initiative in the terms laid down in Article 44.2 of Law No 30/1992 of 26 November 1992, without prejudice to the inexcusable obligation of the competent authority to resolve. "

Final disposition second. Amendment of Law 34/2007 of 15 November on Air Quality and Protection of the Atmosphere.

A third subparagraph is added to Article 13 (2) of Law 34/2007 of 15 November on Air Quality and Atmosphere Protection, so that Article 13 (2) is worded as follows:

" 2. Without prejudice to the other means of administrative intervention in the activities of citizens which are required by other provisions, they shall be subject to the administrative authorization procedure of the Autonomous Communities and in the terms which they determine, the construction, assembly, operation, transfer or substantial modification of those installations in which any of the activities included in the catalogue listed in Annex IV to this Law are developed and which are listed in that Annex as belonging to Groups A and B. The activities included in Group A will be subject to more stringent emission control requirements than those included in group B.

These authorizations shall be granted for a specified time which shall in no case be greater than eight years, after which they may be renewed for successive periods.

The authority responsible for granting the authorisation shall dictate the decision terminating the procedure within the maximum period of nine months. After that period has not been notified expressly, the application submitted may be deemed to be rejected. '

Final disposition third. Incorporation of European Union law.

This law incorporates into Spanish law the Directive 92/43/EEC of 21 May on the conservation of natural habitats and of wild fauna and flora, Directive 2009 /147/EC of the European Parliament and of the European Council of the European Parliament of 30 November 2009 on the conservation of wild birds and Regulation 511/2014 of the European Parliament and of the Council of 16 April 2014 on measures for the compliance of users of the Nagoya Protocol on access to genetic resources and fair and equitable participation in the benefits derive from their use in the Union.

Final disposition fourth. Entry into force.

This law shall enter into force on the fifteenth day of its publication in the "Official Gazette of the State".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 21 September 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY