Law 33 / 2015, Of 21 Of September, By Which Is Modified The Law 42 / 2007, Of 13 Of December, Of The Heritage Natural And Of The Biodiversity.

Original Language Title: Ley 33/2015, de 21 de septiembre, por la que se modifica la Ley 42/2007, de 13 de diciembre, del Patrimonio Natural y de la Biodiversidad.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-10142

FELIPE VI KING OF SPAIN to all that the present join together and act.

Know: That the Cortes Generales have approved and I come in to sanction the following law.

PREAMBLE I it law 42 / 2007, of 13 of December, of the heritage Natural and of the biodiversity, sets the regime legal basic of the conservation, use sustainable, improves and restoration of the heritage natural and of it biodiversity Spanish, as part of the duty of keep and of the objective of ensure them rights of them people to an environment suitable for its welfare health and development. This law collected standards and international recommendations that were happening in the past decades, such as wild warnings from the Council of Europe or the Convention on biological diversity, as well as the Directive 92/43/EEC of the Council of 21 May 1992 on the conservation of natural habitats and of wildlife and flora (Habitats Directive).

The experience gained during the years of implementation of the law 42/2007, of December 13, has been shown the need to improve certain aspects of your application, so it is modified for this purpose, especially in what refers to the management of protected areas.

II on the other hand, this law aims to ensure the correct application of international law and the incorporation of the rules of the European Union in our legal system. In this regard, amendments introduced by law go in line fit, on the one hand, the provisions of the Convention of the United Nations on the law of the sea, Montego Bay, 10 December 1982 which was ratified by Spain on December 20, 1996, and the Nagoya Protocol on access to genetic resources and fair and equitable sharing of benefits arising from their use , ratified by Spain the 3 of June of 2014 and in the Regulation (EU) No. 511 / 2014 of the Parliament European and of the Council, of 16 of April of 2014, relative to them measures of compliance of them users of said Protocol in the Union, by be the Union European also part contracting of said Protocol, as well as perfect the incorporation of the directive of Habitats and of the directive 2009 / 147 / CE of the Parliament European 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 the changes introduced in article 3, in which new definitions are incorporated into existing in law 42/2007, of December 13.

It is also intended to incorporate in our legal system the main objectives of the European Union strategy on biodiversity by 2020. To this end, amending article 2, concerning the principles of the Act, to include for the first time the avoid the net loss of biodiversity, as well as the prevention of problems due to climate change, which is also included as one of the duties of public authorities in article 5.

III on the other hand, along all the law, is include them provisions necessary to specify them competencies that correspond to the Administration General of the State in it relative to the management of the half marine. In this sense, as a rule, the functions are configured by Act 42/2007, of December 13, derived from the article 149.1 23.ª of the Spanish Constitution, they must be exercised by regions in the terrestrial sphere and the General Administration of the State, in the marine field. This general rule, derived from the concept of territoriality of autonomous powers, that's been sitting the doctrine of the Constitutional Court, has an exception in the field of environmentally protected areas. According to the recent ruling of the Court constitutional 87/2013, April 11, 'the practice of regional jurisdiction over natural areas protected territorial sea is exceptional and is only justified when the characteristics and circumstances of the countryside to protect demand unitary management' (FJ-6). With base in the doctrine sitting by the Court constitutional in repeated jurisprudence, as the sentence 8 / 2013, of 17 of January, the competition of a u another administration goes to come given by them features and circumstances objective of the place to protect, based in the best evidence scientific. In order to clarify, in the law, the powers of the General Administration of the State in relation to the management of the marine environment, amending various precepts of the law, such as article 6, concerning the powers of the General Administration of the State of marine biodiversity, as well as articles 25 to 29, 33, 42, 43, 44 and 46 on cataloging of habitats and protection of natural spaces and adds an additional provision octave , on the exercise of the powers of the General Administration of the State, on marine spaces, habitats and species.

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

In relation to the Spanish inventory of the Natural Heritage and biodiversity, article 10 shall be amended to specify that the indicators for the preparation of this inventory will be approved by ministerial order, following a report of the State Council for Natural Heritage and biodiversity and the sectoral Conference on environment. And also article 11 amending in order to simplify the content of the annual reports on the State of the natural heritage and biodiversity, to be more synthetic and every six years an assessment is carried out in depth. In this way, is made to match the periodicity of reports, the report, which is required to raise the European Commission every six years on the State of natural heritage and biodiversity.

In relation to the State Strategic Plan of the Natural Heritage and biodiversity, amending article 13, in order to specify that it be the own Royal Decree which approves the Plan, which determine their period of validity. In this way, in case of estimated, its duration may conform to strategic plans approving the Convention on biological diversity and the European Union.

V on the other hand, is inserted a new chapter III, title I, concerning the State strategy of green infrastructure and ecological connectivity and restoration. With this new chapter is aims to give compliance to the communication of the Commission European to the Parliament European, to the Council, to the Committee economic and social European and to the Committee of them regions «infrastructure Green: improves of the capital natural of Europe» of 6 of mayo of 2013, COM (2013) 249 end e incorporate some of them objectives of the strategy of the Union European on the biodiversity until 2020. Is provides the approval of a «strategy State of infrastructure green and of it connectivity and restoration ecological», that will be made of form joint by it Administration General of the State and them communities autonomous, and that will have by objective mark them guidelines for the identification and conservation of them elements of the territory that compose it infrastructure green of the territory Spanish, terrestrial and marine , and for territorial and sectoral planning that public administrations allow and ensure ecological connectivity and functionality of ecosystems, mitigation and adaptation to the effects of climate change, defragmentation of strategic areas for connectivity, and the restoration of degraded ecosystems.

I SAW on the other hand, this law is fundamental to improve the management of the spaces protected, and, in particular, of those included in the Natura 2000 network, to ensure better protection and suitability for the purposes for which they have been declared.

To this end and to ensure the public and social function of the natural heritage and biodiversity, is expected expressly, in article 4, that the necessary works for the conservation and restoration of protected areas, endangered species conservation, or for the conservation of endangered habitats, can be declared interest general del Estado. Thus, equates the treatment of works of conservation and restoration of the spaces of the Natura 2000 network and the species considered in critical situation, to works that runs the General Administration of the State in other areas such as the terrestrial public or hydraulic engineering.

On the other hand, includes a series of measures aimed at boosting government support economic activities compatible with the conservation of protected natural areas that contribute to the well-being of local populations and the creation of employment. Thus, in relation to the natural sights, modifies article 33, which happens to be the article 34, to allow the exploitation of resources when they are fully consistent with the values which justified the Declaration of namespaces as a Natural Monument.


In what refers specifically to the conservation measures of the spaces included within the Natura 2000 network, adds a new section in the new article 42, for influencing the support from public administrations to economic activities compatible with the conservation of areas of the Natura 2000 network, with special priority for economic activities consistent with the values which justify the Declaration of space as the Natura 2000 network.

Also, is modifies the old article 45, relative to them measures of conservation of the network Natura 2000, to specify the field geographical and them species affected by such measures, as well as certain aspects relating to the realization of plans, programs or projects that could affect negatively to such spaces or to the species in danger of extinction.

On the other hand, also modifies the new article 47, relating to the surveillance and monitoring of the Natura 2000 network of protected areas, in order to provide for the adoption of common guidelines on the methodology to be applied throughout the national territory for the surveillance and monitoring of habitats and species of Community interest.

VII an of them news more important that introduces the law is the new chapter VI of the title II, relative to the incorporation of the information environmental in the registration of the property. This measure is intended to provide greater legal security aspects related to the regime of property of the protected spaces, so information perimeter referred to such spaces should be reflected when registering. In the same way, also provides for real estate cadastre shall have access to the environmental information in accordance with its regulations.

This way, it is expected that the Ministry of agriculture, food and environment will keep updated a map service online, allowing to identify and demarcate the protected space areas, as well as import their data to be contrasted with the registered farms in the application of the unique registry computer system.

Is pursues, therefore, implement a mechanism of advertising that increase the effectiveness and application of the standards reinforcing the security legal of the traffic real estate. It is an associated territorial information and as such has a purely informative value.

VIII this law provides for a series of measures to strengthen the responsibility of public authorities in regards to the conservation of biodiversity, regulated in title III. In this sense, is modifies the article 52, that happens to be the new article 54, to ensure that the import of a species alien, is perform with them guarantees sufficient and prior authorization of it administration environmental competent, after the timely analysis of risks. On the other hand, says expressly that the public administrations will not be responsible for damage caused by wild fauna species, except in the cases laid down in the specific sectoral legislation.

Also, is introduces a new article 55 reference to the reintroduction of species wild extinct, to provide for that such reintroductions is made with all the guarantees.

Is modifies the article 56, that passes to be the 59, to foresee that the Ministry of agriculture, power and environment develop and approve them plans of recovery and conservation of them species threatened marine, except for them species threatened not highly migratory, whose habitats is located exclusively in spaces with continuity ecological of the ecosystem marine with regard to the space natural land object of protection supported by the best scientific evidence.

Also modifies article 57, which happens to be the article 60, relating to conservation strategies for endangered species and fight against threats to biodiversity. For the species in situation critical, is expected that them works and projects aimed to the recovery of these species are declared of interest general and its processing have character of urgency. On the other hand, are expected also in this article, the Ministry of agriculture, food and environment to adopt strategies for the conservation of marine species and the fight against the threats to biodiversity marina.

In the terms of article 58, which happens to be 61, adds a new exception to the prohibitions established in chapter I of title II, relating to the compelling reasons of public interest of the first order, in order to apply correctly the provisions of the corresponding article of the Habitats Directive, and certain aspects of the wording of the exceptions are qualified to improve the incorporation of that directive and the birds directive in our legal system legal. On the other hand, is added two new paragraphs, that have by object guarantee them best technical available with regard to methods of capture or marking of species and, especially, in what is refers to the ringing scientific.

Finally, also is reformulated article 60, which happens to be the 63, depending on the purpose it is intended to achieve, on the conservation of biological and genetic material of wild species, in animal or plant genebanks, and specified the priorities of intervention that will be the species in regime of special protection, with special attention to species endemic or catalogued. In said article, is expected that them communities autonomous will keep a record of them banks of material biological and genetic of species wild sites in its territory, with information updated about them collections preserved. However, it is necessary to clarify that such registration is not the register of collections which referred to Regulation (EU) No. 511/2014 regarding the Nagoya Protocol, in article 5.

IX in what refers to the prevention and control of invasive alien species, amending article 61, which happens to be the 64, in order to clarify the circumstances in which may void the prohibitions resulting from the inclusion of a species in the catalog of invasive alien species, and also provides that the Ministry of agriculture Food and environment will adopt strategies for marine alien invasive species.  On this matter, it is necessary to take into account that the 1 January 2015 entered into force the Regulation (EU) No. 1143 / 2014 of the European Parliament and of the Council, on October 22, 2014, on the prevention and management of the introduction and spread of invasive alien species. Throughout the articles of the law, and in particular articles 33, 43 and 54, include a series of prohibitions that give compliance to the provisions of article 7.1 of the cited regulation (EU) No. 1143 / 2014.

In what refers to the Spanish network of biosphere reserves, there are modifications necessary in articles 66 and 67, which become the 69 and 70 respectively, to adapt them to more recent legislation that regulates the functions of the program "Person and Biosphere" (MaB program) of UNESCO, thereby giving also compliance with provisions in the judgment of the Court constitutional 138/2013 , 6 June.

Moreover, is include a series of modifications aimed to the adaptation of the regulatory national to the Protocol of Nagoya on the access to them resources genetic and participation fair and equitable in them benefits that is derived of its use, that entered in force the 12 of October of 2014 and of which Spain is part contracting from its ratification the 3 of June of 2014 , and to Regulation (EU) No. 511/2014 of the European Parliament and of the Council, of 16 April 2014, relative to the enforcement actions of the users of the said Protocol in the Union, which also has ratified it by means of the Council Decision of 14 April 2014. To do so, amending articles 68, which happens to be 71, which regulates access to and use of genetic resources from 70, and wild taxa that happens to be the 74, concerning the promotion of traditional knowledge for the conservation of the natural heritage and biodiversity. Also, added a new article 72, concerning the control of the use of genetic resources.

There are that have in has that them authorizations referred in them new articles 55, 56, 60 and 72 are informed in them own objectives that pursues it law, between which highlights the conservation of the heritage natural and of the biodiversity, by what not is violated or the principle of unit of market or them of need and proportionality, as contemplates the article 17 of the law 20 / 2013 , of 9 of December, of warranty of the unit's market, since is safeguarding the principle of protection of the environment. Moreover, such authorisations are precisely aimed at the fulfilment of criteria and common guidelines throughout the national territory, so that the guarantee of the unity of market is fully guaranteed and also benefit the competition since unified criteria throughout the State for a better protection of the environment. In this sense, the approvals of the methods of capture by predators will be unique statewide.


With regard to the Fund for the heritage Natural and the biodiversity, is modifies the article 74, that passes to be the 78, for foresee that it Administration General of the State can run them actions that is Finance with charge to the Fund, and is suppresses the paragraph 5, by coherence with the new structure organic of it Administration General of the State in which them skills in matter of agriculture and environment rest in a same Department.

On the other hand, the necessary adaptations are also made in the provisions of title VI governing the sanctions regime, to include offences related to the use of genetic resources, as laid down in the Regulation (EU) No. 511/2014 of the European Parliament and the Council on April 16, 2014.

Finally, also is modified the Law 26 / 2007, of 23 of October, of responsibility environmental, and the law 34 / 2007, of 15 of November, of quality of the air and protection of the atmosphere, to specify certain aspects specific of both laws. En_el_caso_de Law 26/2007, of October 23, amending article 2.1. b) of the Act, in order to replace the designation of 'State ecological of marine waters', by 'State environmental marine waters', in coherence with the regulation of article 7.4 of the law 41/2010, of 29 December, of protection of the marine environment. Also is modifies the article 45.3 of that law to specify that is apply the silence negative a time elapsed the term maximum planned in said precept for the resolution of the procedure of demand of responsibility environmental, both in them cases in that the procedure is start of trade as to instance of part. With respect to the modification of the law 34/2007, of 15 November, amending article 13.2 in order to follow the model of the law 16/2002, of July 1, Integrated Pollution Control and prevention, where deadlines are basic in accordance with the article 149.1.23 legislation. ª of the Constitution and applies negative silence once passed the deadline to meet the law.

Single article. Modification of the law 42/2007, of December 13, of Natural Heritage and biodiversity.

The law 42 / 2007, of 13 of December, of the heritage Natural and of the biodiversity is modified as follows: one. Article 2 is worded in the following way: «article 2. Principles.

(Are principles that inspire this law: to) the maintenance of them processes organic essential and of them systems vital basic, supporting them services of the ecosystems for the welfare human.

(b) the conservation and restoration of biodiversity and geodiversity.

(c) the use ranked of them resources for ensure the use sustainable of the heritage natural, in particular, of the species and of them ecosystems, their conservation, restoration and improves and avoid it loss net of biodiversity.

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

(e) the integration of them requirements of the conservation, use sustainable, improves and restoration of the heritage natural and the biodiversity in them political sectoral and, in particular, in it takes of decisions in the field political, economic and social, as well as the participation fair and equitable in the cast of benefits that is derived of the use of them resources genetic.

(f) the prevalence of environmental protection on territorial and urban development and the basic assumptions of the prevalence.

(g) the caution on interventions that may affect natural areas or wildlife.

(h) it warranty of it information to it citizenship and awareness on the importance of it biodiversity, as well as its participation in the design and execution of them political public, included the elaboration of provisions of character general, directed to the achievement of them objectives of this law.

(i) the prevention of the problems emerging due to climate change, mitigation and adaptation to it, as well as the fight against their adverse effects.

(j) the contribution of the improvement processes in the sustainability of the development associated with natural or semi-natural areas.

(k) participation of the inhabitants and owners of the territories included in protected areas in the activities consistent with the conservation of natural heritage and biodiversity carried out in these spaces and the benefits arising from them."

Two. Article 3 is drawn up in the following way: «article 3. Definitions.

For the purposes of this Act shall mean: 1. Mountain Areas: continuous and extensive, elevated and sustained altimetry territories with respect to the surrounding territories, whose physical characteristics cause the emergence of ecological gradients that determine the Organization of ecosystems and affect human beings and human societies that develop them.

2. critical area for a species: those sectors included in the area of distribution that contain habitats essential for supporting conservation of the species or requiring by its strategic location for its proper maintenance.

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

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

5. conservation: maintenance or restoration in State favorable of the heritage natural and the biodiversity, in particular, of them habitats natural and semi-natural of them populations of species of fauna and of flora wild, as well as the set of measures necessary to get it.

6. conservation on-site: conservation of the ecosystems and them habitats natural and semi-natural the maintenance and recovery of populations viable of species wild in their environments natural and, in the case of them species domesticated and cultivated, in them environments in that have developed their properties specific.

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

8 ecological corridor: territory, extension and configuration variable, which, due to their disposal and their State of conservation, functionally connecting natural spaces of singular importance for wild flora or fauna, separated from each other, allowing, among other ecological processes, genetically among populations of wild species sharing or migration of specimens of these species.

9 land stewardship: set of strategies or legal techniques through which are implied to the owners and users of the territory in the conservation and use of natural, cultural and landscape resources and values.

10 ecosystem: dynamic complex communities of plants, animals and micro-organisms and their non-living environment interacting as a functional unit.

11 indigenous species: the existing within its natural distribution area.

12 native species extinct: native species disappeared in the past of its natural distribution area.

13. invasive exotic species: which gets or sets in an ecosystem or natural or semi-natural habitat is an agent of change and threat to native biodiversity, either by its invasive behaviour, or the risk of genetic contamination.

14. State of conservation of a habitat: situation derived of the joint of them influences that Act on the habitat natural or semi-natural of that is concerned and on them species typical seated in the same and that can affect to long term to its distribution natural, its structure and functions, as well as to the survival of their species typical in the territory.

15. State of conservation Pro of a habitat natural: when its area of distribution natural is stable or is extended; the structure and functions specific necessary for its maintenance to long term exist and can follow to exist in a future predictable; and the State of conservation of its species is favourable.

16. State of conservation Pro of a species: when its dynamic population indicates that follows and can follow constituting to long term an element vital of the habitats to which belongs; the area of distribution natural not is is reducing or have threats of reduction on a future predictable; It exists and probably remains a large enough habitat to maintain its populations in the long term.

17 externality: any effect produced by an action, which was not wanted on the same objectives.

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


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

20. habitats natural: areas terrestrial or aquatic differentiated by their characteristics geographical, abiotic and biotic, both if are entirely natural as semi-natural.

21 habitat of a species: environment defined by specific abiotic and biotic factors where lives the species in one of the phases of their life cycle.

22 management instruments: under this heading includes any technique a natural space and management of their applications, which has been subjected to a process of public information, has been the subject of a formal approval and has been published.

23. material genetic: all material of origin vegetable, fungal, animal, microbial or of another type that contains units functional of the inheritance.

24. countervailing measures: are specific measures included in a plan or project, that are intended to compensate, possible more exactly, its negative impact on the species, or the affected habitat.

25. objective of conservation of a place: levels population of them different species as well as surface and quality of those habitats that should have a space to reach a State of conservation Pro.

26. landscape: any part of the territory whose character is the result of the action and the interaction of factors natural or human, as it perceives the population.

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

28. biological resources: genetic resources, organisms or parts thereof, populations, or any other biotic component of ecosystems of value or actual or potential usefulness for humanity.

29. genetic resources: genetic material of actual or potential value.

30 natural resources: all component of the nature, likely to be exploited by the human being for the satisfaction of their needs and that has a value, actual or potential, such as: the natural landscape, water, surface and groundwater; the soil, subsoil and lands for its greater use: agricultural, livestock, forestry, hunting and protection; biodiversity; the geodiversity; genetic resources and ecosystems that support life; the hydrocarbons; hydropower, wind, solar, geothermal, and similar resources; the atmosphere and the spectrum radio, the minerals, the rocks and others resources geological renewable and non renewable.

31. biosphere reserves: territories declared as such in the bosom of the MaB programme of UNESCO, to which the Kingdom of Spain, of integrated, participatory and sustainable management of the heritage and of natural resources is attached.

32. restoration of ecosystems: set of activities oriented to re-establish the functionality and capacity of evolution of the ecosystems toward a State mature.

33 taxon: Group of organisms with common characteristics.

34. extinct taxon: taxon native disappeared in the past of its natural distribution area.

35. indigenous taxa: existing naturally in a particular place taxa, including the extinct on his case.

36. use sustainable of the heritage natural: use of their components of a mode and to a rhythm that not cause their reduction to long term, with which is maintain them possibilities of its contribution to the satisfaction of them needs of them generations current and future.

37. land stewardship entity: Organization, public or private, non-profit, that carry out initiatives that include the realization of agreements of land stewardship for the conservation of the natural heritage and biodiversity.

38 geological heritage: geological resource of scientific, cultural or educational value set, whether formations and geological structures, shape of the terrain, minerals, rocks, meteorites, fossils, soils and other geological events that allow to know, study, and interpret: a) the origin and evolution of the Earth, b) processes which have shaped it, c) climates and landscapes of the past and present and d) origin and evolution of life.

39. between marine: marine waters subject to the sovereignty or jurisdiction of Spanish, and his bed, subsoil and natural resources.

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

41. Botanical Garden: institution (public, private or mixed) or installation of conservation ex situ, which exhibit scientific collections of living plants, maintained, cultivated and propagated for the simultaneous achievement of objectives of study, outreach, education and conservation of plant diversity.

42. loose: release of exemplary of species object of use fish or hunting that, for them species alien not catalogued as invasive, only is may perform in those sections of river, lagoon or Marsh, or land hunting in which is has authorized this type of releases before the entry in force of the law 42 / 2007 of 13 December, of Natural Heritage and biodiversity and always with the aim of capturing with copies of the medium in the shortest possible time frame and in any case before that can become naturalized.

«43. use of resources genetic: the realization of activities of research and development on it composition genetic or biochemical of resources genetic, even through the application of biotechnology, according to the definition that is stipulates in the article 2 of the Convention on the diversity biological.» 

Three. It article 4 is drafted in the following way: «article 4.» Function social and public of the heritage nature and the biodiversity.

1. the heritage natural and the biodiversity play a function social relevant by its close bonding with the development, the health and the welfare of the people and by its contribution to the development social and economic.

2. activities aimed at the achievement of the purposes of this law may be declared of public utility or social interest, for all purposes, and in particular to the expropriation, with respect to the property or rights that may be affected.

3. the necessary works for the conservation and restoration of protected areas, for the conservation of endangered species, or conservation of endangered habitats, especially which relate to deal with exceptional or catastrophic phenomena may be declared the State as of general interest, in the scope of their powers, prior report of the autonomous communities affected. The statement will be made by State law.

4. in the planning and management of areas protected and conservation of habitats and species, is promote voluntary agreements with owners and users of natural resources, as well as the participation of civil society in the conservation of biodiversity.»

Four. Article 5 is drawn up in the following way: «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 the natural heritage in all the national territory, including its marine environment as well as in the exclusive economic area on the continental shelf, regardless of their ownership or legal regime, particularly taking into account the types of natural habitats and wild species in special protection regime.

2 the public administrations in their respective area of competence: to) promote the participation and the activities that contribute to the objectives of this Act.

(b) develop and apply positive incentives for the conservation and sustainable use of the natural heritage and biodiversity and identify, and to the extent possible, be deleted contrary to conservation incentives.

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

(d) foster, through programs of training, the education and information general, with special attention to them users of the territory national and of the half marine, on the need of protect the heritage natural and the biodiversity.

(e) is bestow of tools that allow know the State of conservation of the heritage Natural and of the biodiversity, and them causes that determine their changes, for design them measures that appropriate adopt, including them of adaptation and mitigation for minimize them risks e impacts of the change climate on the biodiversity and to ensure the persistence of them species in a context of change climate.


(f) they be integrated into sectoral policies objectives and forecasts necessary for conservation and valuation of the Natural Heritage, the protection of biodiversity and geodiversity, conservation and the sustainable use of natural resources, prevention of fragmentation of the habitats and the maintenance and, where appropriate, the restoration of the integrity of ecosystems.

«(g) promote the increase of them knowledge, the base scientific and them technologies referred to the diversity biological, their values and operation, its State and trends and them consequences of its loss.»

5. Article 6 is worded in the following way: «article 6. Powers of public administrations on marine biodiversity.

1. corresponds to it Administration General of the State, through the Ministry of agriculture, power and environment, the exercise of the functions to which is refers this law, with regard to all them species, spaces, habitats or areas critical located in the half marine, without prejudice of them powers of them communities autonomous of the coastal.

It also corresponds to the General Administration of the State the exercise of these functions in the exclusive economic zone, continental shelf, and spaces in the Straits under international law or on the high seas.

2 corresponds to the General Administration of the State the establishment of any limitation or prohibition of maritime navigation and its related activities, as well as the prevention and the fight against pollution in marine waters subject to this provision.

3. Likewise, corresponds to the General Administration of the State the exercise of functions subject to the above points of this article in the marine spaces in the Straits under international law or on the high seas.

4. corresponds to them communities autonomous the exercise of them functions to which is concerns this law with regard to species (except them highly migratory) and spaces, habitats or areas critical located in the half marine, when there is continuity ecological of the ecosystem marine with the space natural terrestrial object of protection, endorsed by the best evidence scientific existing.

5. the exercise of the functions mentioned in this article shall be exercised by the competent authority in accordance with the principles of inter-administrative collaboration and cooperation.»

6. Paragraphs 1 and 2 of article 9 are written in the following way: «1. the Ministry of agriculture, food and environment, with the collaboration of autonomous communities and institutions and scientific, economic and social organizations, shall draw up and keep updated an inventory Spanish Natural Heritage and biodiversity that will include distribution, abundance» , State of conservation and the use, as well as any other information that is considers necessary, of all them elements terrestrial and marine members of the heritage natural, with special attention to which require measures specific of conservation or have been declared of interest community.

2. the content and structure of the Spanish inventory of the Natural Heritage and biodiversity shall be determined by regulations, after consultation with the autonomous communities, and must be part of it, at least, the information on: 1 catalog Spanish of Habitats in danger of disappearance.

2 the listing of species wild in regime of protection special including the catalogue Spanish of species wild threatened.

3rd the catalogue Spanish of species exotic invasive.

4th the inventory Spanish of spaces natural protected, network Natura 2000 and Areas protected by instruments international.

5 the inventory of the Spanish forestry statistics.

6 the Spanish banks inventory of genetic Material referred to wild species.

7th inventory Spanish of hunting and fishing.

8th Spanish zoos inventory.

The inventory Spanish of the knowledge traditional 9th relating to the natural heritage and biodiversity.

10th places an inventory of representative geological interest, at least, units and geological contexts listed in annex VIII.

11. º a Spanish of marine Habitats and species inventory.

12th a Spanish terrestrial species inventory.»

7. Article 10 is drawn up in the following way: «article 10. System of indicators.

In the Spanish inventory of the Natural Heritage and biodiversity, will establish a system of indicators to synthetically express their results, so that they can be transmitted to the whole of society, incorporated in decision-making processes and integrated supranational scale. Indicators will be developed with the participation of the autonomous communities and will be approved, following a report of the State Council for Natural Heritage and biodiversity and the sectoral Conference on environment, by order of the Ministry of agriculture, food and environment.

The most significant indicators will be added to inventory operations statistics of the Ministry of agriculture, food and environment and the national statistical Plan.»

8. Article 11 is drafted in the following way: «article 11. Reports on the status of Natural Heritage and biodiversity.

On the basis of data from the Spanish inventory of the Natural Heritage and biodiversity, the Ministry of agriculture, food and environment, with the collaboration of the autonomous communities and, where appropriate, other bodies of the General State administration, shall draw up and publish annually a report with values, analysis and interpretation of the results of the system of indicators. This report will be presented to the Commission State for the heritage Natural and the biodiversity and to the Council state for the heritage Natural and the biodiversity, before do is public.

In the same way, be a report every six years on the State and evolution of the Natural Heritage and biodiversity, which will also contain an evaluation of the results achieved by the major policies adopted in this matter. «This report will be presented before the Council state for the heritage Natural and the biodiversity and before the Conference sector of environment before do is public.»

9. Article 13 is drawn up in the following way: «article 13. Elaboration and approval of the State Strategic Plan of the 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 public works in regards to merchant shipping and transit and air transport, and with the Department and the Ministry of defence in relation to the management of the airspace, shall draw up the State Strategic Plan of the Natural Heritage and biodiversity.

The elaboration of such a Plan also involve the autonomous communities through the State Commission for Natural Heritage and biodiversity, which will raise it for approval to the sectoral Conference on environment.

2. the procedure for drawing up the Plan will necessarily include procedures for public information and consultation of the scientific community, economic and social stakeholders, affected Governments and the non-profit organizations that pursue the achievement of the objectives of this Act.

3. in any case, the Plan will be subject to the environmental assessment provided for in law 21/2013, December 9, environmental assessment.

4. the Plan will be approved by Royal Decree, within a maximum period of two years, following a report of the State Council for Natural Heritage and biodiversity. The Royal Decree shall specify the period of validity of the Plan which, in any case, shall not exceed ten years.»

10. Add a new chapter III, with a new article 15, with the following wording: «CHAPTER III State strategy of green infrastructure and ecological connectivity and restoration article 15. ' The strategic framework of the green infrastructure and ecological connectivity and restoration.

1. in order to ensure ecological connectivity and the restoration of the Spanish territory, the Ministry of agriculture, food and environment, with the collaboration of the autonomous communities through the State Commission for the Natural Heritage and biodiversity, and of other involved ministries, prepare, within a maximum period of three years from the entry into force of this Act , a State strategy of green infrastructure and ecological connectivity and restoration, which will incorporate an appropriate mapping allows you to visualize graphically the same. This strategy, report of the State Council for Natural Heritage and biodiversity, and the sectoral Conference on the environment, will be approved by joint order, on a proposal from the ministries that had participated in its preparation and published in the "official bulletin of the State".


2. the strategy State of infrastructure green and of it connectivity and restoration ecological will have by objective mark them guidelines for the identification and conservation of them elements of the territory that compose it infrastructure green of the territory Spanish, terrestrial and marine, and so it planning territorial and sectoral that made them administrations public allow and secure it connectivity ecological and the functionality of them ecosystems mitigation and adaptation to the effects of climate change, defragmentation of strategic areas for connectivity, and the restoration of degraded ecosystems.

3. the State green infrastructure strategy will have in particular consideration, among others, protected areas, habitats in danger of disappearance and of species in danger of extinction, mountain areas, watercourses, wetlands, livestock trails, ocean currents, submarine canyons, migratory routes that facilitate connectivity, and high natural value systems originated as a result of the good practices applied by different economic sectors , as well as the habitats priority to restore, them land affected by them banks of conservation of the nature and them instruments used by them administrations competent in the application of the Convention European of the landscape, made in Florence the 20 of October of the year 2000.

4. on the basis of the guidelines of the State strategy, autonomous communities will develop, within a maximum period of three years counting from the approval of the State strategy, their own strategies, they include, at least, the objectives contained in the State strategy.»

Eleven. Chapter III is referred to as chapter IV.

12. She is reenumeran articles 15 to 23, going to be articles 16 to 24, respectively.

Thirteen. Amending paragraph 1 of article 17 and included a new paragraph 4, with the following wording: «1. the plans for management of the natural resources are the specific instrument for delineation, classification, integration into network and determination of its relationship with the rest of the territory, of systems that integrate heritage and natural resources in a given field of space» , regardless of other instruments established by the autonomous legislation. Its entry into force and review times will be defined by the legislation of the autonomous communities or within the scope of their competence, by the General Administration of the State.»

«4. the plans of management of those resources natural will include a memory economic of them measures proposed.»

Fourteen. Modifies article 19.4, which is drawn up in the following way: «4. the municipalities, within the scope of their respective competences, may propose exceptions to ensure the provision of minimum services provided for in article 26 of the law 7/1985, of 2 April, regulating the Bases of the Local regime.» «These exceptions must be sufficiently motivated and submit is to the approval of the organ competent of the community autonomous.»

15. Is modifies the article 24, that is drafted in the following way: «article 24.» Of those spaces natural subject to regime of protection preventive.

1. when of them information obtained by the community autonomous is followed the existence of an area well preserved, threatened of form significant by a factor of disturbance that will alter such State, them administrations public competent will take them measures necessary to eliminate or reduce the factor of disturbance.

2 where the elimination or reduction of the disturbance factor is not possible, a consistent preventive protection system be established in: to) the obligation of providing information and access to agents of the authority and the representatives of the autonomous communities the land owners.

b) will immediately start the Plan of management of the resources natural area, not be already started.

(c) without prejudice to the adoption of the measures provided for in the previous article of this law, shall apply, where appropriate, any regime of protection, prior compliance with the procedure of hearing to interested parties, public information and consultation of affected administrations.'

Sixteen. Article 24 becomes article 25 and is drawn up in the following way: «article 25. The Spanish catalogue of Habitats in danger of disappearance.

1. under the authority of the Ministry of agriculture, food and environment, administrative and State level, creates the Spanish catalogue of Habitats in danger of disappearance, which is implemented by regulations, and which will include endangered habitats, conservation, or, where appropriate, restoration requires measures of protection and conservation, is at least, in any of the following circumstances: 1 have your area very small distribution and decline.

2nd have been destroyed in most of its natural distribution area.

3rd have suffered a drastic deterioration of their composition, structure and ecological functions in most of its natural distribution area.

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

2. the inclusion of the Spanish catalogue of Habitats in danger of disappearing habitats will be carried out by the Ministry of agriculture, food and environment, either on a proposal from the State Commission for the Natural Heritage and biodiversity, upon initiative of the autonomous communities, either on a proposal from the Ministry itself, where there is technical or scientific information which thus advise him.

3. any citizen or organization may request the initiation of the procedure of including accompanying the request a scientific argumentation of the proposed measure.»

Seventeen. Article 25 becomes article 26 and is drawn up in the following way: «article 26. Effects.

The inclusion of a habitat in the Spanish catalogue of Habitats in danger of disappearance, shall have the following effects: a) a suitable surface will be included in an instrument of management or protection of natural spaces, new or already existing figure.

(b) the competent authority shall define and will take the necessary measures to curb the recession and eliminate the risk of disappearance of these habitats in the instruments of planning and other suitable for these purposes.»

Eighteen. Article 26 becomes article 27 and is drawn up in the following way: «article 27. Strategies and plans of conservation and restoration.

1. the Conference sectoral of environment, to proposal of the Commission State for the heritage Natural and the biodiversity and with report prior of the Council state for the heritage Natural and the biodiversity, approve strategies of conservation and restoration of them habitats in danger of disappearance.

2. the Ministry of agriculture, food and environment approve them strategies of conservation and restoration of them habitats in danger of disappearance marine, except for them habitats that is located exclusively in spaces with continuity ecological of the ecosystem marine with regard to the space natural terrestrial object of protection, endorsed by the best evidence scientific existing.

3. these strategies, that shall constitute the frame indicative of them plans or instruments of management adopted for the conservation and restoration, will include at least one diagnosis of the situation and of them main threats, including them impacts expected of the change climate and them actions to undertake. These strategies or at least one review that have been approved, will be published in the "official bulletin of the State", with reference to the electronic site in which its full content is published.»

Nineteen. Article 27 becomes article 28 and is drawn up in the following way: «article 28. Definition of protected natural areas.

1 shall be regarded as natural areas protected spaces of the national territory, including inland waters and the marine environment, along with the exclusive economic zone and the continental shelf, which meet at least one of the following requirements and are declared as such: to) contain systems or natural elements representative, unique, fragile, threatened, or of special ecological, scientific interest landscape, geological or educational.

(b) be dedicated especially to the protection and maintenance of biodiversity and geodiversity of natural resources and cultural partners.

«2 protected natural areas may cover the perimeter land areas exclusively, simultaneously terrestrial and marine, or exclusively marine.»

20. Article 28 becomes article 29 and is drawn up in the following way: «article 29. Content of the rules governing protected areas.

1. the rules governing protected areas, as well as its management planning mechanisms, determine legal, financial instruments and materials that are considered to be accurate to meet effectively the purposes pursued in his statement.


2. If different figures of protected areas overlap in the same place, the same regulatory standards as well as the mechanisms of planning must be coordinated to unify in a single integrated document, in order that the different applicable regimes according to each category make up a coherent whole. Assumptions are an exception to the above in that the different figures of protected areas correspond to different public administrations, without prejudice to the relevant inter-administrative collaboration.»

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

Twenty-two. Is modifies the article 31.4, that is drafted of the following way: «4. in them parks may facilitate is the entry of visitors with them limitations precise to ensure the protection of those and them rights of them holders of them land in them located.»

Twenty-three. Article 32 article 33 becomes and is drawn up in the following way: «article 33. Protected marine areas.

1. the Areas marine protected are spaces natural designated for the protection of ecosystems, communities or elements biological or geological of the half marine, included them areas intertidal and subtidal, that because of its rarity, fragility, importance or uniqueness, deserve a protection special. These spaces may be joined to Spain Areas marine protected network regulated in law 41/2010, of 29 December, of protection of the marine environment.

2. for the conservation of marine protected Areas and their natural values, will be approved plans or management instruments that establish, at least the necessary conservation measures and the limitations of exploitation of natural resources which may be applicable for each case and for the whole of the BOAD areas to Spain Areas marine protected network.

«3. the Plan Director of the network of Areas marine protected of Spain, regulated in the article 29 of the law 41 / 2010, of 29 of December, will establish the criteria minimum common of management applicable to them areas marine protected included in such network.»

Twenty-four. He article 33 passes to be the article 34 and is drafted in the following way: «article 34.» Natural monuments.

1. them monuments natural are spaces or elements of the nature constituted basically by formations of notorious uniqueness, rarity or beauty, that deserve to be object of a protection special.

2. are also considered natural monuments trees unique and monumental, the geological formations, paleontological and mineralogical deposits, the estratotipos and other elements of the gea, having a special interest in the uniqueness or importance of their scientific, cultural or landscape values.

3 natural monuments shall be limited exploitation of resources, except when this exploitation would be fully consistent with the conservation of the values that are intended to protect, pursuant to its rules of statement or management, or in those cases in which, for reasons of research or conservation or for economic activities compatible with minimum impact and to contribute to the socio-economic welfare or of the population allow such exploitation «prior the relevant administrative authorisation.»

Twenty-five. Articles 34 and 35 are to be 35 and 36, respectively. 

Twenty-six. Article 36 becomes article 37 and is drawn up in the following way: «article 37. Declaration and management of the protected natural spaces.

1 it corresponds to the autonomous communities Declaration and the determination of the formula of the protected natural spaces in its territorial scope management.

2 corresponds to the General Administration of the State the Declaration and management of the protected natural spaces in the marine environment, except in the cases where there is ecological continuity of the marine ecosystem with the natural space terrestrial object of protection, guaranteed by the best scientific evidence, in which case these roles correspond to the autonomous communities.

3. regardless of the category or figure that is use for its protection, them limitations in the exploitation of them resources fishery in waters foreign is will be according to it established in the article 18 of the law 3 / 2001, of 26 of March, of fishing maritime of the State.

«4. in those cases in that a space natural protected is extend by the territory of two or more communities autonomous, these established of common agreement the formulas of collaboration necessary.»

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

Twenty-eight. Article 41 becomes article 42 and is drawn up in the following way: «article 42. Natura 2000 network.

1. the European ecological network Natura 2000 is a coherent ecological network, composed of sites of Community importance (in later LIC), until its transformation into special areas of conservation (in later ZEC), said ZEC and the areas of special protection for birds (in later ZEPA), whose management shall take into account the ecological, economic, social and cultural requirements, as well as regional and local particularities.

2. the LIC, the ZEC and the ZEPA shall be regarded as protected areas, with the denomination of protected area Natura 2000 network, and the scope and limitations to the General Administration of the State and the autonomous communities established in its legislation and in the relevant instruments of planning, always in their respective fields of competence.

3. the Ministry of agriculture, food and environment, with the participation of the autonomous communities, shall draw up and keep updated, within the framework of the State Strategic Plan of the Natural Heritage and biodiversity, conservation of the Natura 2000 network guidelines. These guidelines constitute the guiding framework for the planning and management of these spaces and will be approved by the sectoral Conference on environment agreement.

4. with the aim of promoting the implementation of activities, consistent with the values which justify the Declaration of namespaces Natura 2000 network, which contribute to the well-being of local populations and the creation of employment, priority will be given to these activities, especially those aimed at the preservation or restoration of the natural values of the site, access to grants When the corresponding regulatory bases so provide it. Similarly, it will be analyzed, in the framework of the competences of the General Administration of the State and the autonomous communities, the possible implementation of reductions in rates, costs of registration, or employer Social security contributions agrarian, in activities that are generally both consistent and compatible with the values which justify the Declaration as Natura 2000 network areas and contribute to the well-being of local populations and the creation of employment."

Twenty-nine. He article 42 passes to be article 43, and is drafted in the following way: «article 43.» Places of importance community and areas special of conservation.

1. the SCI are those spaces of the whole of the national territory or from the marine environment, together with the exclusive economic zone and the continental shelf, approved as such, which contribute significantly to the maintenance or, where appropriate, to restore the favourable conservation status of the natural habitat types and the habitats of species of Community interest listed respectively in annexes I and II of this law, in its natural distribution area.

2. the General Administration of the State and the autonomous communities, in the field of their respective competencies and based on the criteria set out in annex III and in the relevant scientific information, shall draw up a list of places located on their respective territories may be declared as special areas of conservation. The proposal, which will indicate the types of natural habitats and native species of Community interest in such places, will undergo the formality of public information. If, as a result of the above public information process, an extension of the limits of the initial proposal will be carried out, this shall be subject to a new procedure of public information.

He Ministry of agriculture, food and environment will propose the list to the Commission European for its approval as Lic.

From the time that is send to the Ministry of agriculture, power and environment it list of them spaces proposed as LIC, for its transfer to the Commission European, these will spend to have a regime of protection preventive that guarantees that not exist a diminishes of the State of conservation of their habitats and species until the time of its declaration formal. He shipping of the proposed of a space as LIC will lead, in the term maximum of six months, make public in the Bulletin official of the Administration competent their limits geographical, them habitats and species by which is declared each one, them habitats and species priority present and the regime preventive that is les apply.


3. a time approved or extended them lists of LIC by the Commission European, these will be declared by the administrations competent, as ZEC as soon as possible and as maximum in a term of six years, together with the approval of the corresponding plan or instrument of management. «For set it priority in it statement of these areas, is will attend to the importance of them places, to the maintenance in a State of conservation Pro or to the reset of a type of habitat natural of interest community or of a species of interest community, as well as to them threats of deterioration and destruction that weighing on them, all this to keep the coherence of the network Natura 2000.»

Thirty. Article 43 becomes article 44, and is drawn up in the following way: «article 44. Areas of special protection for birds.

The spaces of the national territory and the marine environment, together with the exclusive economic zone and the continental shelf, more adequate in number and surface area for the conservation of species of birds listed in annex IV of this law and for presence of migratory birds regularly in Spain, will be declared as ZEPA, and will be established in them measures to avoid disturbances and special conservation as their habitat to ensure their survival and reproduction. «In the case of immigration status species that regularly reach the Spanish territory and marine waters under Spanish jurisdiction or sovereignty, be taken into account the needs of protection of areas of reproduction, feeding, moulting, wintering and rest areas, attributing particular importance to wetlands and particularly those of international importance.»

Thirty-one. Article 44 becomes article 45 and is drawn up in the following way: «article 45. Declaration of the areas special of conservation and of the areas of special protection for them birds.

The General Administration of the State and the autonomous communities, prior procedure of public information, will declare the ZEC and the SPA, in the field of their respective competencies. If, as result of the pending of information public earlier, is take to out a large of them limits of the proposed initial, this will be subject to a new procedure of information public.

Such statements shall be published in the respective official journals, including information about its geographical boundaries and the habitats and species that were declared each. «Of such statements, is will give has to the Ministry of agriculture, power and environment for the purposes of its communication to the Commission European, of conformity with it established in the article 10 of the law 30 / 1992, of 26 of November, of regime legal of the administrations public and of the procedure administrative common.»

Thirty-two. Article 45 becomes article 46, and is drawn up in the following way: «article 46. Measures for the conservation of the Natura 2000 network.

(1. with regard to them ZEC and them ZEPA, the Administration General of the State and them communities autonomous, in the field of their respective competencies, fixed them measures of conservation necessary, that respond to them demands ecological of them types of habitats natural and of them species present in such areas, that imply: to) adequate plans or instruments of management, specific of them places or integrated in others plans of development that include at least, the objectives of conservation of the place and appropriate measures to maintain the spaces in a favourable conservation status. These plans shall take into special consideration the needs of those municipalities included in its entirety or in a large percentage of its territory in these places, or with specific unique constraints linked to the management of the place.

(b) appropriate measures statutory, administrative or contractual.

2. equally, the competent authorities take appropriate measures, in particular in such plans or management tools, to avoid in the spaces of the Natura 2000 network, the deterioration of natural habitats and of the habitats of the species, as well as alterations affecting the species that have motivated the designation of these areas, to the extent that such changes may have an appreciable effect with regard to the objectives of this law.

3. them organs competent, in the frame of them procedures expected in it legislation of evaluation environmental, must adopt them measures necessary for avoid the deterioration, the pollution and the fragmentation of them habitats and them disturbances that affect to them species out of it network Natura 2000, in the measure that these phenomena have an effect significant on the State of conservation of such habitats and species.

4. any plan, program, or project without having a direct relationship with the management of the place or without the need for it, may affect appreciably to species or habitats of these spaces, either individually or in combination with other plans, programmes or projects, will undergo a proper assessment of its impact on the space to be held according to the rules applicable, in accordance with provisions in the basic State legislation and additional protection standards dictated by the autonomous communities, taking into account the objectives of conservation of this space. In view of the conclusions of the evaluation of the impact on the space and subject to the provisions of paragraph 5, the competent bodies to approve or authorize the plans, programmes or projects only can manifest their conformity with them after making sure that it will not cause prejudice to the integrity of the space in question and, where appropriate After having it submitted to public information. The criteria for the determination of the existence of prejudice to the integrity of the space will be fixed by order of the Minister of agriculture, food and environment, heard the sectoral Conference on environment.

5. If, despite the negative conclusions of the impact assessment on the site and in the absence of alternative solutions, a plan, programme or project should be made for compelling reasons of public interest of the first order, including social or economic reasons, the competent public administrations shall take necessary compensatory measures to ensure that the overall coherence of Natura 2000 is protected.

The concurrence of compelling reasons of public interest of the first order only may be declared for each concrete case: to) by means of a law.

b) by agreement of the Council of Ministers, in the case of plans, programs and projects that must be approved or authorized by the General Administration of the State, or of the governing body of the autonomous community. This agreement shall be motivated and public.

The adoption of compensatory measures be held, in his case, during the procedure for environmental assessment of plans and programmes and environmental impact assessment of projects, in accordance with the applicable regulations. These measures will apply in the phase of planning and execution that determine the evaluation environmental.

The measures countervailing taken will be sent, by the channel corresponding, to the Commission European.

(6. where the place considered hostel a type of habitat natural and/or a species priority, designated as such in the annexes I and II, only is may claim them following considerations: to) them related with the health human and it security public.

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

(c) other reasons compelling of interest public of first order, prior consultation to the Commission European.

7. the completion or implementation of any plan, program or project that may affect appreciably to species included in annexes II or IV have been catalogued in the field regional, as in danger of extinction, or State only can be performed when, in the absence of other alternatives, majeure related to human health and public safety relating to positive consequences of primary importance for the environment or other compelling reasons of public interest of the first order. The rationale for the plan, program or project and the adoption of the corresponding compensatory measures will be held as provided in paragraph 5, except in what refers to the remission of compensatory measures to the European Commission.

8. from the moment in which the place appears on the list of approved by the European Commission SG, this shall be subject to the provisions of paragraphs 4, 5 and 6 of this article.

9. from the time of the Declaration of a SPA, this shall be subject to the provisions of paragraphs 4 and 5 of this article.»

Thirty-three. Article 46 becomes article 47 and is drawn up in the following manner: "article 47. Coherence and connectivity of the network.


To improve the coherence ecological and it connectivity of the network Natura 2000, them administrations, taking in has it willing in the article 15, foster the conservation of runners ecological and it management of those elements of the landscape and areas terrestrial and marine that are essential or shall take primary importance for it migration, it distribution geographical and the exchange genetic between populations of species of fauna and flora wild «, taking in account the impacts future of the change climate.»

Thirty and four.  Article 47 becomes article 48, and is drawn up in the following way: «article 48. Surveillance and monitoring.

1. the General State administration and the autonomous communities, in the field of their respective competencies, monitor the State of conservation of types of habitats and species of Community interest, especially taking into account the types of priority natural habitats and priority species, as well as for the conservation of the bird species listed in annex IV. The sectoral Conference on the environment, on the proposal of the State Commission for the Natural Heritage and biodiversity, heard the State Council for Natural Heritage and biodiversity, shall adopt guidelines to establish the common methodology and the characteristics of this follow-up.

2. the autonomous communities shall be transmitted to the Ministry of agriculture, food and environment information about changes in the conservation status and conservation measures referred to in that article 46.1, the evaluation of their results and proposals for new measures to apply, for the purposes of its reflection in the Spanish inventory of the Natural Heritage and biodiversity, and so that the Ministry can refer to the European Commission the required national reports by «the directives European.»

Thirty-five. The article 48 happens to be article 49.

Thirty-six. The articles 49 to 51 pass to be 50 to 52.

Thirty-seven. Is adds a chapter VI with the following drafting: «CHAPTER VI information environmental in the registration of the property article 53.» Incorporation of geographic information to the registry of the property.

1. the information perimeter referred to protected areas, Natura 2000 network, the mountains of public utility and public domains of the cattle trails and areas included in the Spanish inventory of wetlands, integrated in the Spanish inventory of the Natural Heritage and biodiversity, will always incorporated into the geographic information system of the registry property, pursuant to the provisions of the mortgage legislation.

2. for this purpose, regardless of other instruments or electronic sites of environmental information to establish autonomous regions in the framework of its competences, the Ministry of agriculture, food and environment will keep updated maps in line with representation service graphic georeferenced and metadatada, that allows to identify and delimit protected space areas referred to in the preceding paragraph , as well as the import of their data so can be contrasted with them farms registration in the application of the system computer registry only. The procedure for communication between the respective systems of geographic information is determined by ministerial order of the Ministry of agriculture, food and environment and the Ministry of Justice.

3 registration information, as well as rating or office memo concerning estates, which according to the georeferencing of farm registration systems, intersect or partition with spatial areas subject to some sort of environmental determination, as documentation collected in the previous section, is will show such circumstance as territorial information and associated effects purely informative , recommending in any case, in addition, the consultation with the authorities environmental competent.

4. Similarly, the real estate cadastre will have access to the information referred to in the second paragraph, in the terms provided for in this law, pursuant to its regulatory.»

Thirty-eight. Article 52 becomes article 54, and is drawn up in the following way: «article 54. Guarantee of conservation of native wildlife.

1. the General Administration of the State and the autonomous communities, in the field of their respective competencies, shall take the necessary measures to ensure the conservation of biodiversity which lives in the wild, preferably according to the preservation of their habitats and establishing specific regimes of protection for those wild species whose situation thus requires it, including them in any of the categories referred to in articles 56 and 58 of this Act.

They must also adopt measures that are relevant to that collection in the nature of wild specimens of the species of fauna and flora of Community interest, which are listed in annex VI, as well as the management of its operation, is compatible with maintaining them in a favourable conservation status.

2. the Administration General of the State will ban the import or introduction of species or subspecies alien when these are susceptible of compete with them species wild native, alter its purity genetic or them balances ecological.

3. the import or introduction into the national territory of an alien species that could potentially go in the circumstances described in the preceding paragraph shall be subject to an administrative authorization by the Ministry of agriculture, food and environment, without prejudice to the other requirements laid down in the relevant sectoral regulations.

The Ministry of agriculture, food and environment will develop, in the maximum period of one year, a list that, based on existing technical and scientific information, will include allochthonous taxa that can compete with native wild species, altering their genetic purity or ecological balances.

This list will be published and updated in the electronic office of the Ministry of agriculture, food and environment.

4. after the publication of the list referred to in the preceding paragraph, the Ministry of agriculture, food and environment only authorize imports into the national territory of a species included in this list when, in the first requested import, check by means of the evaluation of an analysis of the risk posed by the operator, that the species is not likely to be incurred in the circumstances described in paragraph 2. When that first application risk analysis is favorable to import, you won't need to request authorizations of this nature for subsequent imports, except that new scientific reasons duly informed advice to submit it back to a risk analysis.

The Ministry of agriculture, food and environment will keep updated on his electronic office a register of species that have been subject to these risks and the result of such analysis.

5. it is prohibited to give death, damage, disturb or intentionally disturb wild animals, irrespective of the method used or the stage of their life cycle.

This prohibition includes your withholding and capture in live, destruction, damage, collection and retention of their nests, hatchlings or eggs, the latter still empty, as well as the possession, transportation, traffic and trade in specimens alive or dead or their remains, including foreign trade.

For the species of animals not included in any of the categories defined in articles 56 and 58, these prohibitions shall not apply in the cases with specific regulation, especially in the legislation of mountains, hunting, agriculture, health and public health, continental fishing and sea fishing, or in the cases covered by the General Administration of the State or the autonomous communities , in the scope of their powers, for its operation, in a manner consistent with the conservation of these species.

«6. without prejudice of them payments compensatory that in its case may set is by reasons of conservation, with character general, them administrations public not are responsible of them damage caused by the species of fauna wild, except in them alleged established in the normative sectoral specific.»

Thirty and nine. Is adds an article 55 with the following wording: «article 55.» Reintroduction of species wild native extinct.

1. them administrations public will promote the reintroduction of them species of the fauna and flora wild native extinct, including those missing of all the half natural Spanish in times historical, on which exist references written reliable, and of which still exist populations in others places or in captivity, especially when these reintroductions contribute to the restoration of the State of conservation Pro of species or habitats of interest community.


The State Commission for the Natural Heritage and biodiversity rise, before December 31, 2017, the sectoral Conference on environment, after consultation with the State Council for Natural Heritage and biodiversity and, where appropriate, the Scientific Committee of the listing and Spanish catalogue of endangered species, a list of species extinct in all the Spanish environment. This list will be published in the "official bulletin of the State". Not may authorize is project of reintroduction of species not present in State wild in the territory Spanish, that not are included in the quoted list.

2. any public administration, or any natural or legal person in private law may ask the amidst natural competent Directorate of the Ministry of agriculture, food and environment initiation of the procedure for the inclusion of a species on this list, accompanying the request, a scientific argumentation supporting their autochthonous character and his stable presence in the Spanish territory of prior to their extinction in the wild.

3. them projects of reintroduction of species wild native extinct may be executed by them administrations public, or by any person physical or legal of right private, prior report favorable to the project issued by the Commission State for the heritage Natural and the biodiversity, and it authorization mandatory of the Administration General of the State or of the community autonomous, in their respective areas competence taking into account the technical conditions laid down in the technical guidelines on the matter adopted by the sectoral Conference environment, and after having a proper participation and audience public under the terms of law 27/2006, of July 18, which regulates the rights of access to information, public participation and access to justice in environmental matters.

4. in the case of the reintroduction of native wild species extinct Spanish natural environment, included in the list provided for in paragraph 1, or even present in Spain in wild but extinct State in a particular territorial area and which are likely to extend one or more other autonomous communities in which the target species is not present today a project of reintroduction, which must receive the favorable report of the State Commission for the Natural Heritage and biodiversity, and in any case, mandatory authorization of the General Administration of the State or the autonomous community, in their respective fields of competence should be developed.

For projects of reintroduction of species wild native extinct still present in Spain in State wild but extinct in a determined field territorial and that not are susceptible of extend is by another u others communities autonomous in which the species objective not is present currently, them projects only must communicate is, for knowledge, to the Commission State for the heritage Natural and the biodiversity and must in any case having mandatory authorization of the General Administration of the State or the autonomous community, in their respective fields of competence.

5 can contemplate the realization of experimental reintroduction of extinct indigenous wildlife species that are not essential for the conservation of such species, to ensure that the reintroduced species fits into the ecosystem and is demonstrated its compatibility with wild species and human activities in the area. If not is produced such integration, and prior justification enough documented and communication to the Commission State for the heritage Natural and the biodiversity, them populations experimental not essential may be partial or completely removed or deleted of the medium natural.

6. in the event of unlawful reintroductions, the General Administration of the State and the autonomous communities, in the framework of its competencies, will drive the actions necessary to reverse the situation to the existing prior to the illegal re-introduction to the eradication of the copies released and their descendants.»

Forty. He article 53 passes to be 56 and is drafted in the following way: «article 56.» List of species wild in regime of protection special.

1 the list of wildlife species in regime of special protection, which is implemented by regulations, after consultation creates to the autonomous communities and which will include species, subspecies and populations that are worthy of attention and special protection according to their scientific, ecological, cultural, value their uniqueness, rarity, or degree of threat, and those listed as protected in the annexes of the directives and the international agreements ratified by Spain.

The listing will have administrative and State level, and will depend on the Ministry of agriculture, food and environment.

2 the Ministry of agriculture, food and environment carry out inclusion, change of category or exclusion of a taxon or population in this list where there is technical or scientific information which thus advise him: a) A proposal by the State Commission for Natural Heritage and biodiversity, upon initiative of the autonomous communities or b) ex officio.

In the case of taxa or populations protected in the annexes to the rules or decisions of the European Union, such as those listed in annex V, or the international instruments ratified by Spain, the inclusion in the list there will be ex officio by the Ministry of agriculture, food and environment, previously notifying such inclusion to the State Commission for the Natural Heritage and biodiversity.

Any citizen or organization may request the initiation of the process of inclusion, change of category or excluding accompanying the request a scientific argumentation of the proposed measure.

3. the inclusion of a taxon or population in the listing of species wild in regime of protection special will lead the evaluation periodic of their State of conservation.

4. the autonomous communities, in their respective territorial areas, may establish lists of wild species in special protection regime, determining the prohibitions and supplementary actions deemed necessary for their preservation or in order to establish a higher degree of protection.»

Forty-one. Article 54 becomes article 57, and is drawn up in the following way: «article 57. Bans and guarantee of conservation for the species included in the list of wildlife species under special protection procedure.

1 the inclusion in the list of wildlife species in special protection of a species, subspecies or population involves the following general prohibitions: to) in the case of plants, fungi or algae, the pick them, cut them, mutilate them, pull them or intentionally destroying them in nature.

(b) for animals, including their larvae, FRY, or eggs, the for any actions made with the purpose of killing them, capture them, chase them or disturb them, as well as the destruction or deterioration of their nests, vivarium and places of reproduction, wintering or rest.

(c) in both cases, the own, naturalize, transport, sell, trade or Exchange, offer for sale or Exchange purposes, import or export specimens alive or dead, as well as their propagules or remains, except in cases in which these activities, in a manner controlled by the Administration, may be clearly beneficial for its conservation, in cases determined by law.

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

2. the General Administration of the State and the autonomous communities, in the field of their respective competencies, shall establish a system of control of catches or accidental deaths and, from the information collected therein, shall take necessary measures so that these don't have major negative impact on species included in the list of wildlife species under special protection procedure «, and will diminish in the future.»

Forty-two. Article 55 becomes article 58.

Forty-three. Article 56 becomes article 59, and is drawn up in the following way: «article 59. Effects of the inclusion in the catalogue Spanish of species threatened.

(1. in what is refers to the catalogue Spanish of species threatened: to) the inclusion of a taxon or population in it category of "in danger of extinction" will lead, in a term maximum of three years, the adoption of a plan of recovery, that include them measures more appropriate for the compliance of them objectives wanted, and, in his case, the designation of areas critical.

In them areas critical, and in them areas of potential reintroduction or expansion of these taxa or populations defined as such in the plans of recovery, is fixed measures of conservation e instruments of management, specific to these areas or integrated in others plans, that avoid them conditions negative for them species that have motivated the designation of those areas.


(b) the inclusion of a taxon or population in the category of "vulnerable" will lead to the adoption, within a maximum period of five years, from a conservation plan that includes the most appropriate measures for the fulfilment of the objectives.

(c) for those taxa or populations that share the same problems of conservation or areas geographical similar, is may develop plans that cover several taxa or populations simultaneously.

(d) for species or populations that live exclusively or in high proportion in protected natural areas, Natura 2000 network or areas protected by international instruments, plans can be integrated into the corresponding figures for planning and management of these spaces.

2. the communities autonomous will elaborate and approved them plans of conservation and of recovery for the species threatened land.

3. for them species marine, the Ministry of agriculture, power and environment shall draw up and approve them plans of recovery and conservation, through order ministerial, that will be consistent with them instruments of protection provided in the law 41 / 2010, of 29 of December, of protection of the half marine, except for them species threatened not highly migratory whose habitats is located exclusively in spaces with continuity ecological of the ecosystem marine with regard to the space natural terrestrial object of protection , supported by the best evidence science existing.

4. without prejudice to the current sanitary regulations, transfer or international movement of live specimens of species included in the Spanish catalogue of endangered species must have prior authorization from the autonomous region, following a report from the competent Directorate of the Ministry of agriculture, food and environment. In the case of marine species in State competition, such authorization will be issued by the Ministry of agriculture, food and the environment.»

Forty-four. Article 57 becomes article 60, and is drawn up in the following way: «article 60. Conservation strategies for endangered species and fight against threats to biodiversity. Critical situation of a kind.

1. the Conference sector of environment, on the proposal of the State Commission for the Natural Heritage and biodiversity, and following a report of the State Council for Natural Heritage and biodiversity, will adopt strategies for the conservation of threatened species in more than one autonomous community, or those others who are key to the functioning of the ecosystems present in more than one autonomous community , and strategies in the fight against the major threats to biodiversity, giving priority to them affecting a greater number of species included in the Spanish catalogue of threatened species, as the illegal toxic substances use, electrocution and collision with cables electrical or wind farms, or the plumbismo. These strategies or at least one review that have been approved, will be published in the "official bulletin of the State", with reference to the electronic site in which its full content is published.

These strategies, which will constitute the guiding framework of conservation and recovery plans, shall include, at least, a diagnosis of the situation and the main threats to the species, and the actions to take for recovery.

2. when the monitoring or evaluation of the conservation status of a species in danger of extinction are filed that there is an imminent risk of extinction, the Minister of agriculture, food and environment, report of the sectoral Conference on environment, it may declare the plight of this species. This statement will have as consequence that the works and projects aimed to the recovery of these species will have the consideration of interest general and its processing will have character of urgency.

In these cases, the Ministry of agriculture, food and environment will coordinate, in the bosom of a working group consisting of at least one representative of the Ministry and each of the autonomous communities and cities with statute of autonomy of the distribution area of the species, the actions to be performed by each administration, in the scope of their powers.

«3. the Ministry of agriculture, power and environment approve them strategies of conservation of species threatened marine and them of fight against them threats to the biodiversity marina, giving priority to which affect to greater number of species included in the catalogue Spanish of species threatened, as it captures accidental by arts of fishing, the collision with boats or the noise underwater.»

45. He article 58 passes to be the article 61, and is drafted in the following way: «article 61.» Exceptions.

1. the prohibitions in this chapter may be without effect, administrative permission of autonomous community or of the General Administration of the State, in the scope of their powers, if there is no other satisfactory solution, and without involving harm the maintenance in a favourable conservation status of the populations concerned, in its natural distribution area (, when any of the following circumstances concur: to) if its application were arising detrimental effects on the health and safety of persons.

(b) to prevent major damage to crops, livestock, forests, fisheries and water quality). Except for birds, they may also apply this exception in case of injury to other forms of property.

(c) by reasons imperative of interest public of first order, included them of character socioeconomic and consequences beneficial of importance primary for the environment. This exception shall not apply in the case of the birds.

(d) when it is necessary by reason of research, education, repopulation or reintroduction, or when required for breeding in captivity aimed at such purposes.

(e) in the case of the birds, to prevent accidents in relation to it security air.

(f) to permit, under strictly controlled conditions and using selective methods, the capture, retention or any other prudent exploitation of certain species not included in the list of wildlife species under special protection procedure, in small quantities and with the limitations precise to guarantee their conservation.

(g) to protect the flora and wild fauna and natural habitats.

2 in cases of application of the last subparagraph of paragraph 1 letter b) and paragraph 1 letter c), the competent administrations shall specify measures through which shall be guaranteed the principle of no net loss of biodiversity, provided for in article 2.c), whether through the figure of conservation banks, either through the adoption of other instruments.

(3. in the cases referred to in paragraph 1 letter d), shall apply to the provisions in the Real Decree 53/2013, 1 February, by which establish the basic standards for the protection of animals used in experimentation and other scientific purposes.

4 in the case of exceptional authorizations that the circumstances referred to in paragraph 1, letter f), the State Commission for the Natural Heritage and biodiversity will establish the necessary mechanisms to guarantee, based on rigorous scientific data, that there are no other viable alternatives and that the national maximum level of catches is adjusted to the concept of "small quantities". Similarly, maximum quotas of catch which may be granted, as well as the control systems of the enforcement of such measures which shall be exercised before and during the authorized period shall be established to carry out the capture, retention or prudent exploitation, without prejudice to additional controls which must also settle once after that period.

5 the administrative authorization referred to in the preceding paragraphs shall be public, motivated and specify: to) the objective and justification for the action.

(b) the species to which it relates.

(c) the media, facilities, systems or methods to be used and its limits, as well as the reasons and staff qualified for their jobs.

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

(e) the control measures to be applied.

6. the autonomous communities shall inform the Ministry of agriculture, food and environment authorizations agreed pursuant to this article, for the purposes of its subsequent notification to the European Commission and the relevant international organizations, pointing, in each case, exercised controls, and the results thereof.

7. in the case of capturing live specimens, the methods of capture or marking must adopt the alternative with less likely to result in injury or cause mortality of captured individuals.


«8. it Award from them administrations competent of authorizations for the practice of the marking of exemplary of fauna wild, especially through the ringing scientific, will be subject to the applicant show its fitness for the development of it activity, on a base minimum of knowledge common that is established by the Conference sectoral of environment, with the collaboration of them entities and societies scientific related with the marking.»

Forty-six. Article 59 becomes article 62.

Forty-seven. The article 60 passes to be article 63, with the following wording: «article 63.» Conservation ex situ of biological and genetic material from wild species.

1. with the aim of preserving the genetic diversity of wild species and complement the actions of in situ conservation, public administrations shall promote the existence of banks of biological and genetic material from wild species.

2. the State Commission for the Natural Heritage and biodiversity will prepare guidelines to promote coordinated work between the genetic and biological material banks and public administrations. These guidelines include, among others issues, them mechanisms for the impulse of the work in network of them banks, them procedures of exchange of information on the collections, them taxa priority for be preserved ex situ and them mechanisms of coordination between all them involved. The guidelines will be approved, following a report from the State Council for Natural Heritage and biodiversity, by the sectoral Conference on environment. These strategies or at least one review that have been approved, will be published in the "official bulletin of the State", with reference to the electronic site in which its full content is published.

3. is will give priority, among others, to the conservation of material biological and genetic of taxa of the listing of species wild in regime of protection special, with special attention to the species endemic or catalogued.

4. the autonomous communities maintain a register of banks of biological and genetic material from sites wild species in their territory, with updated information on preserved Collections. For this purpose, them banks shall provide, at least annually, such information to the Administration competent of his community autonomous.

«5. is creates the inventory Spanish of banks of Material biological and genetic of species wild, dependent of the Ministry of agriculture, food and environment, that will have character information and in which is include them data that overturn them communities autonomous.»

Forty and eight. Article 61 becomes article 64, and is drawn up in the following way: «article 64. Spanish catalogue of invasive alien species.

1. you create the Spanish catalogue of invasive alien species, whose structure and function is regulated by law and which are included, there is technical or scientific information which thus advise him, all those species and invasive exotic subspecies which constitute a serious threat to native species, habitats or ecosystems, Agronomy or economic resources associated with the use of the natural heritage.

This catalogue will depend on the Ministry of agriculture, food and environment, administrative and State level.

2. the inclusion of a species in the Spanish catalogue of invasive alien species will be conducted by the Ministry of agriculture, food and environment, on a proposal from the State Commission for the Natural Heritage and biodiversity, upon initiative of the autonomous communities and the Ministry itself, where there is technical or scientific information which thus advise him.

Any citizen or organization may request the initiation of the procedure of inclusion or exclusion of a species or subspecies, accompanying to it corresponding request an argumentation scientific of the measure proposed.

3. the inclusion in the Spanish catalogue of invasive alien species involves a general prohibition of possession, transport, trafficking and trade of exemplary living, of his remains or propagules that could survive or reproduce, including foreign trade. This prohibition may be without effect, prior administrative authorisation of the competent authority, when it is necessary for reasons of research, health or safety of persons, or for the purpose of control or eradication within the framework of strategies, plans and campaigns that are approved for this purpose.

4. on the part of the competent authorities, will take place a potential invasive alien species follow-up, in particular those that have shown that character in other countries or regions, in order to propose, if necessary, its inclusion in the Spanish catalogue of invasive alien species.

5. the Ministry of agriculture, food and environment and the autonomous communities, in the framework of the State Commission for the Natural Heritage and biodiversity, develop strategies that contain guidelines for management, control and possible eradication of species of the Spanish catalog of exotic invasive species, giving priority to those species that pose a greater risk to the conservation of wildlife , flora or native habitats threatened, with particular attention to the insular biodiversity. The sectoral Conference on the environment, on the proposal of the State Commission for the Natural Heritage and biodiversity, and following a report of the State Council for Natural Heritage and biodiversity, will adopt these strategies, which have indicative character. These strategies or at least one review that have been approved, will be published in the "official bulletin of the State", with reference to the electronic site in which its full content is published.

6. them communities autonomous, in their respective areas territorial, may establish catalogues of species exotic invasive, determining them prohibitions and performances supplementary that is considered necessary for its eradication.

7. the Ministry of agriculture, food and environment shall adopt strategies for invasive alien species marine."

Forty-nine. Added an article 64 bis with the following wording: «article 64 bis.» Invasive alien species of concern to the Union.

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

«2. the breach of the obligations provided for in that regulation will lead to the respective sanctions provided for in Title VI of this law.»

Fifty. The articles 62 to 65 spend to be those 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 network of biosphere reserves are: to) maintain a set defined and interconnected "natural laboratories"; comparable monitoring stations of the relationships between human communities and the territories in which they operate, with special attention to the processes of mutual adaptation and generated changes.

b) ensure effective continuous comparison and transfer of the information thus generated to scenarios in which result from application.

(c) promote widespread models of management and sustainable management of the territory.

2. the Committee Spanish MaB is the College of advisory and scientific character attached to the Ministry of agriculture, food and environment, whose composition, contents and functions will be defined by regulation. The Committee shall exercise the Faculty of coordination which corresponds to the State by putting at the disposal of the competent bodies in the biosphere reserves the organizational structure and the necessary means so that the evaluation be carried out with guarantees of technical rigor, objectivity and comparability that facilitate compliance with program standards defined by UNESCO, ensuring a proper balance between respect for territorial autonomies and the need to avoid that these lead to partitioning that you are unfamiliar with the unit itself from the system, always without prejudice to the functions that correspond to the own body of management of each biosphere reserve in the terms provided in article 70 c).

«He Committee MaB held them evaluations prescriptive of each book of the biosphere, valuing its fitness to them objectives and demands established and, in its case, proposing the correction of them aspects contradictory.»

Fifty and two. The article 67 passes to be article 70, with the following wording: «article 70.» Characteristics of the biosphere reserves.

The biosphere reserves, for integration and maintenance as such, must comply with the guidelines and applicable rules of the UNESCO and have, as a minimum, with: a) a spatial management consisting of:


1 one or more core zones of the reserve which are protected natural spaces, or SCI, ZEC, or ZEPA, of the Natura 2000 network, with the basic objectives of preserving biological diversity and ecosystems, equipped with suitable planning of management, use and management that enhances basically those goals.

2nd one or more protected areas of the core zones, which allow the integration of the basic conservation of the area core with the development environmentally sustainable in the area of protection through appropriate planning, management, use and management, or integrated in the planning of the respective core areas.

3rd an or several areas of transition between the book and the rest of the space, that allow encourage the development socio-economic for it improves of the welfare of the population, taking advantage of them potential resources specific of the book of form sustainable, respecting them objectives of the same and of the program person and biosphere.

(b) specific strategies of evolution towards the designated objectives, with its corresponding program of action and a system of indicators adapted to the established by the Spanish MaB Committee, allowing to assess the degree of compliance with the objectives of the MaB programme.

«(c) a body of management responsible of the development of the strategies, lines of action and programs and another of participation public, in which are represented all them actors social of the book.»

Fifty-three. Article 68 becomes article 71, with the following wording: «article 71. Access and use of the genetic resources of wild taxa and distribution of benefits.

1. the access to them resources genetic from of taxa wild and the cast of benefits derived of their use is governed by it willing in the Convention on the diversity biological, in the Protocol of Nagoya on access to them resources genetic and participation fair and equitable in them benefits that is derived of its use and its instruments of development , and, where appropriate, the international treaty on plant genetic resources for food and Agriculture of the world Organization for food and Agriculture (FAO).

2. making use of the powers that the Member States it attached to article 15 of the Convention on biological diversity and article 6 of the Nagoya Protocol, access to these genetic resources in Spanish will undergo by Royal Decree prior informed consent requirements and conditions mutually agreed. As proof have given prior informed consent and have established mutually agreed conditions, will be issued an authorization of access to these resources. The real Decree will provide a procedure of authorization simplified for the access to these resources genetic, when its use is with purposes of research not commercial.

(3 competition to give prior informed consent, establish mutually agreed conditions and accordingly issued the authorization of access to Spanish genetic resources will correspond to communities whose territory autonomas come genetic resources or conservation institutions are located in the territory of ex situ, provided that its origin is Spanish, except in the case of the letter c) following.

The General State administration shall have the jurisdiction in the event of the following resources: a) genetic resources marine, pursuant to article 6 and paragraphs d) and e) of the first additional provision of this law.

(b) resources genetic that is found in goods of domain public of ownership state.

(c) genetic resources who are in institutions of conservation ex situ of character or State-owned.

The supply of them resources genetic of origin not Spanish that is are in institutions of conservation ex situ Spanish or are located in territory Spanish, is governed by it arranged in the article 72.

(d) resources genetic coming of taxa wild land whose area of distribution covering more than one community autonomous.

4. is excluded of the regulation of access planned in this article the access with purposes exclusively taxonomic, being prohibited in these cases their transmission to third, except when is for identical purposes.

Also excluded: to) the plant genetic resources for food and agriculture, which are regulated by law 30/2006, of July 26, seeds and plants nursery and plant genetic resources.

(b) fisheries resources regulated by law 3/2001, 26 March, maritime fishing in the State.

(c) the resources genetic for it agriculture and the power, that is governed by its normative specific.

5. the Ministry of agriculture, food and Environment Act, pursuant to the Nagoya Protocol, as the national focal point on access to genetic resources and fair and equitable sharing of benefits arising from their use. The General Administration of the State and the autonomous communities, in the exercise of the powers provided for in this article, shall designate its competent authorities of access to genetic resources, which must be notified to the Ministry of agriculture, food and environment as the national focal point on the matter. The national focal point will be responsible for providing information to those interested in access to genetic resources in Spain about the conditions and the competent authorities of access to genetic resources with which they should contact.

6. the competent authorities of access to genetic resources shall notify the authorizations, whose contents conform to stipulations in the Nagoya Protocol and its mechanisms of development, to the national focal point. The national focal point will move them to the Centre for the exchange of information provided for in the Nagoya Protocol, moment in which will become the internationally recognized certificates of compliance.

The Royal Decree also establish models that will be the same throughout the national territory.

If it is intended to obtain patents from genetic resources, the patent application shall be governed by provisions of the legislation on patents. The Ministry of agriculture, food and environment will participate in the regulatory development of this legislation.

When in the course of an investigation with genetic resources obtained with non-commercial bearing a possible commercial use, the interested party must request a new authorization to the competent authority.

7. the benefits derived from the use of genetic resources will be mainly for the conservation of biodiversity and the sustainable use of its components. In the case of them resources genetic whose access has been granted by the Administration General of the State, them benefits that is derived of its use is be channeled through the Fund for the heritage Natural and the biodiversity.

8. the different competent authorities of access to genetic resources will be responsible for ensuring the correct use of the genetic resources which have been granted access. In them alleged in which them authorities competent of access to them resources genetic detected infringements in the access or in the use of them resources genetic low its competition, from users that is found out of the territory Spanish, these shall notify such information to the point focal national so is established them timely consultations with the country in which is has produced that possible use irregular of resources genetic Spanish.

9. the Royal Decree shall provide for the creation of a specialized Committee within the State Commission for the Natural Heritage and biodiversity in which are represented the autonomous communities, as well as the ministerial departments affected by the follow-up to the issues referred to in this article and in article 72 and paragraphs second, third and fourth article 74.

10. irrespective of the provisions of this article, the autonomous regions, in their territory, may determine conditions to access to genetic resources on-site when his pickup requires special protection to preserve its conservation and sustainable use, notifying the body designated by the Ministry of agriculture, food and environment as a national focal point on the matter, so that this report to the cooperation of the European Union bodies competent in the matter and the bodies of the Convention on biological diversity.»

Fifty-four. Added article 72, with the following wording: «article 72. Control of the use of genetic resources.

1. the monitoring and the enforcement actions of the utilization of genetic resources in Spain will be in accordance with the provisions in the Regulation (EU) 511/2014 of the European Parliament and of the Council of 16 April 2014, relative to the users of the Nagoya protocol compliance measures concerning access to genetic resources and fair and equitable sharing of benefits arising from their use in the Union. The Royal Decree on development of articles 71 and 72 shall include the designation of the authorities responsible for the application of the cited regulation 511/2014 of the European Parliament and the Council on April 16, 2014.


«2 non-compliance with the obligations laid down in that regulation will entail the imposition of respective infringements and penalties provided for in Title VI of this law.»

Fifty and five. Article 69 becomes article 73.

Fifty-six. The article 70 passes to be article 74, with the following wording: «article 74.» Promotion of traditional knowledge for the conservation of the Natural Heritage and biodiversity.

(1. in accordance with them standards, resolutions and principles of the Convention on the diversity biological and of it Organization World of property intellectual, them administrations public: to) preserved, will keep and promote them knowledge and them practices of use customary that are of interest for the conservation and the use sustainable of the heritage natural and of the biodiversity.

(b) promote that the benefits derived of the use of these knowledge and practices is share equally.

(c) promote the accomplishment of inventories of the relevant traditional knowledge to conservation and sustainable use of biodiversity and geodiversity, with special attention to the Ethnobotanical. These will be integrated into the Spanish inventory of the traditional knowledge relating to the Natural Heritage and biodiversity.

2. the use in Spain of traditional knowledge associated with genetic resources from a third country shall comply with provisions of the national regulations of access to traditional knowledge associated to genetic resources of the country, all in accordance with the Nagoya Protocol.

3. the monitoring and the enforcement actions of the utilization of traditional knowledge associated with genetic resources from third-country part of the Nagoya Protocol will take place in accordance with regulation 511/2014, the European Parliament and the Council on April 16, 2014.

4. the breach of the obligations laid down in the said regulation will entail the imposition of respective infringements and penalties provided for in Title VI of this law.

5. with regard to the protection of the traditional knowledge of the Spanish inventory of the traditional knowledge relating to biodiversity and its relationship with the intellectual and industrial property rights, it will be to what is established in international law and, where appropriate, existing legislation on patents."

Fifty and seven. Articles 71 to 73 become 75 to 77, respectively 58. Article 74 becomes article 78 and is drawn up in the following way: «article 78. The Fund for Natural Heritage and biodiversity.

1. is creates the Fund for the heritage Natural and the biodiversity, to put in practice those measures intended to support the achievement of them objectives of this law, as well as the management forest sustainable, it prevention strategic of fire forest and the protection of spaces forest and natural in whose funding participate it Administration General of the State.

The Fund may finance activities of a multiannual nature and act as co-financing instrument designed to ensure territorial cohesion. He background is will provide with them split assigned in them budgets General of the State, included them endowments that are object of co-financing by those instruments financial community destined to them same purposes and with other sources of funding that can set is in the future.

2 will be objectives of the Fund: to) promote, through appropriate incentives, investment, management, and management of the natural heritage, biodiversity and geodiversity, in particular, the elaboration of plans, instruments and projects management of protected natural areas, the Natura 2000 network and protected by international instruments, and natural resource management Areas , as well as of the in-situ and ex situ conservation of species of the Spanish catalogue of endangered species.

(b) develop other actions and create other additional instruments that contribute to the defense and sustainability of protected natural areas, the Natura 2000 network and protected by international instruments, Areas and management of natural resources and the conservation of species of the Spanish catalogue of endangered species.

(c) make viable sustainable models for the conservation of the natural heritage and biodiversity, especially in protected natural areas, the Natura 2000 network, and Areas protected by international instruments.

(d) contribute to the implementation of the measures included in the strategies and plans for the conservation of habitats in danger of disappearance and catalogued species.

(e) promote, through appropriate incentives, investment, management and forest management, in particular, the elaboration of projects of management of mountains or dasocraticos plans.

(f) establish financial mechanisms to make viable models of sustainable management in the field of forestry, hunting and fishing activities.

(g) enhance and promote ecological, social and cultural functions of forest areas and those carried out by the social and economic agents linked to protected natural areas and the Natura 2000 network, as well as to support conservation of natural resources and environmental services.

(h) support the actions of prevention of fire forest.

(i) support them actions of elimination of others impacts serious for the heritage natural and the biodiversity, especially the control and eradication of species exotic invasive and the fragmentation of the habitats.

(j) encourage the grouping of the forest ownership for the development of joint forestry, that encourage sustainable forest management.

(k) promote the forest certification.

(l) finance actions specific of research applied, demonstration and experimentation related with the conservation of the heritage natural, the biodiversity and the geodiversity.

(m) to finance specific actions related to the custody of the territory.

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

or) promote the preservation, maintenance and promotion of knowledge and customary use practices that are of interest for the conservation and sustainable use of the natural heritage and biodiversity through, among other procedures, the incentives for agents who applied.

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

(q) promote organic production in the areas included in protected natural areas, the Natura 2000 network and biosphere reserves.

(r) to finance specific actions of prevention of erosion and desertification, preferably in protected natural areas, the Natura 2000 network and biosphere reserves.

(s) encourage the studies and surveys that pursue the development and updating of the Spanish inventory of natural heritage and biodiversity.

(t) promote dissemination initiatives favoring the knowledge and social awareness for the conservation and sustainable use of the natural heritage in Spanish.

3. the implementation of the actions that are funded by the Fund shall be, in their respective spheres of competence, to the General Administration of the State and the autonomous communities, which previously has have established through an agreement to co-finance measures.

4. by Real Decree, prior consultation with the communities autonomous, is will regulate the operation of the Fund for the heritage natural, that will ensure the participation of them same, singularly in all those objectives of the Fund that influence on their skills.

«5. the administrations will work from the principle of subsidiarity giving participation, in them actions and benefits of the measures proposed, to them inhabitants and to them owners of them territories benefited by them measures promoted by the Fund.»

Fifty and nine. The article 75 happens to be article 79.

Sixty. He article 76 passes to be the article 80, and is drafted in the following way: «article 80.» Characterization and classification of the offences.

1 a the effects of this law, and without prejudice to what has in this regard regional legislation, administrative offences shall be considered: to) the use of chemicals or biological substances, discharges, both liquid and solid, for the waste spill, as well as deposit of solid elements for fillings, that alter the conditions of ecosystems with damage to the values in them content. Own mode, they shall be regarded as breach the above-mentioned acts even if damage, had there been no provided that there had been a serious risk of alteration of the conditions of ecosystems.

(b) the destruction, death, deterioration, collection, trade or Exchange, capture and offer of sale or Exchange or naturalisation of species of flora and fauna listed in danger of extinction, as well as that of their propagules or remains unauthorized purposes.

(c) the destruction or deterioration of habitats included in the category of "in danger of disappearance" of the Spanish catalogue of Habitats in danger of disappearance.


(d) the destruction of the habitat of species at risk of extinction in particular the place of breeding, wintering, resting, foraging or feeding.

(e) the destruction or deterioration significant of them components of the habitats included in the category of "in danger of disappearance" of the catalog Spanish of Habitats in danger of disappearance.

(f) in the absence of the corresponding administrative authorization the possession, transportation, traffic or trade in 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 to the environment of a species susceptible to compete with native species.

(g) the introduction, maintenance, breeding, transport, marketing, use, Exchange, reproduction, cultivation or release in the half natural of species exotic invasive worrying for the Union without permission or authorization administrative.

(h) the alteration of the conditions of a natural area protected or the products of it through occupation, plowing, short, boot or other actions.

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

(j) impairment or significant alteration of the components of priority habitats of Community interest or destruction of components or significant deterioration of other components of natural habitats of Community interest.

(k) the destruction, death, deterioration, collection, possession, trade, or Exchange, capture and offer with purposes of sale or Exchange or naturalization not authorized of species of flora and fauna catalogued as vulnerable, as well as the of propagules or remains.

(l) the destruction of the habitat of vulnerable species, in particular the place of breeding, wintering, resting, foraging or feeding and the wild areas of special protection for flora and fauna.

(m) the capture, prosecution unjustified of species of wildlife and the boot and short of flora species in those cases be necessary administrative authorization, according to the specific regulation of the legislation of mountains, hunting & fishing continental, if not such authorization was obtained.

(n) the destruction, death, deterioration, collection, possession, trade or Exchange, capture and offer with purposes of sale or Exchange or naturalization not authorized of species of flora and fauna included in the list of species wild in regime of protection special, that not are catalogued, as well as the of propagules or remains.

(o) the destruction of the habitat of species included in the list of wildlife species under special protection procedure that are not listed, in particular, the place of breeding, wintering, rest, foraging or feeding.

(p) the disturbance, death, capture and retention intentional species of birds during the breeding and rearing, as well as during their journey back to the places of breeding in the case of migratory species.

(q) the alteration significant of those habitats of interest community.

(r) the holding and the use of ammunition that contains lead during the exercise of it hunting and the shooting sports, when these activities is exercise in areas wet included in the list of the Convention relative to wetlands of importance international, in areas wet included in it network Natura 2000 and in them areas wet included in spaces natural protected.

(s) the breach of obligations and prohibitions laid down in the regulations and management instruments, including plans, protected natural areas and protected areas Natura 2000 network.

(t) the supply or storage of fuel through the anchoring permanent of had in the waters included within them spaces natural protected and of them spaces protected network Natura 2000, the reception of said fuel as well as the supply of fuel to them referred had.

Is considered that the anchoring is permanent although has any periods of absence of the ship or is replace or replace the same by another of the same company, owner or group, provided that the purpose of the anchoring is the storage for the supply of fuel.

(u) the access to the genetic resources of origin Spanish without having respected the procedures referred to in article 71.

(v) the use of genetic resources or traditional knowledge associated with genetic resources without having respected the obligations laid down in the Regulation (EU) 511/2014 of the European Parliament and of the Council of 16 April 2014, relative to the enforcement actions of the users of the Nagoya Protocol on access to genetic resources and fair and equitable sharing of benefits arising from their use within the Union , mentioned in those articles 72 and 74 of the present law.

(w) the reintroduction of species of native flora and fauna that has not followed the provisions of article 55.

(x) the breach of the other requirements, obligations or prohibitions established in this law.

2 the offences referred to in the preceding paragraph will qualify in the following way: a) as very serious, in paragraphs pick-ups to), b), c), d), e), f), g) and t) if the valuation of the damage more than €100.000; ((((((and the contained in paragraphs b), k), n), t), u) and v), when the benefits exceed the 100,000 euros; as well as the collected in any of the other sections, if the valuation of the damage exceeds the 200,000 euros; and recidivism when it committed a serious infringement of the same type as that which motivated a sanction above, within the two years following the notification of this, provided that sanction resolution has acquired firmness administrative.

((((((((((((((((((((b) as severe, in paragraphs pick-ups to), b), c), d), e), f), g), h), i), j), k), l), m), n), or), t), u), v) and w) when no serious consideration; (((((the collected in paragraphs p), q), r), s) and x), if the valuation of the damage more than €100.000; and recidivism when it committed a slight violation of the same type as that which motivated a penalty earlier in the period of two years following notification of this, whenever sanction resolution has acquired firmness in administrative proceedings.

«((((((c) as mild, them collected in those paragraphs p), q), r), s) and x), if not is had produced damage or its valuation not exceeds them 100,000 euros.»

Sixty-one. Article 77 becomes article 81, and is drawn up in the following way: «article 81. Classification of the sanctions.

1 violations typified in the preceding article shall be punished with the following fines: to) minor offences, with fines of 100 to 3,000 euros.

(b) serious offences, fines from 3.001 to 200,000 euros.

(c) serious infringements, fines from 200.001 to 2,000,000 euros, without prejudice that the autonomous communities may increase the maximum amount.

2. on the imposition of sanctions, you must save the proper match between the gravity of the fact constitutive of the infringement and the sanction applied, taking into account the following criteria: the magnitude of the risk posed by the offending behaviour and its impact; It claims, in its case, of the damage caused; its transcendence by what regard to the safety of the people or goods protected by this law; the circumstances of the charge; the degree of intentionality appreciably in the offender or offenders; and, in his case, the benefit unlawfully retrieved as consequence of the conduct infringing, as well as the irreversibility of them damage or damage produced.

3. in the case of breach of the obligation of due diligence referred to in the Regulation (EU) 511/2014 of the European Parliament and of the Council of 16 April 2014, relative to the users of the Nagoya protocol compliance measures concerning access to genetic resources and fair and equitable sharing of benefits arising from their use within the Union You can also be the immediate suspension of specific activities for the use of the genetic resources in question, such as the marketing of products based on genetic resources and traditional knowledge associated or the confiscation of illegally obtained genetic resources.

4. the sanction of violations typified in this law shall be to the competent organs of the administration of the State or the autonomous communities, in their respective spheres of competence.

Compete to the Administration General of the State, through the Ministry of agriculture, power and environment, the imposition of sanctions in those alleged in that the infringement administrative has relapsed in its field of competences.


5. the Administration instructor may agree to the imposition of periodic penalty, repeated for periods of time that are sufficient to meet as ordered, if offenders not proceeded to repair or compensation in accordance with the provisions of article 79. The imposition of such fines coercive will require that in the requirement is indicate the term of that is has for the compliance of the obligation and the amount of the fine that can be imposed. In all case, the term shall be sufficient to meet the obligation. In the event that, once imposed the periodic penalty payment, is keep the breach that has motivated it, may reiterate the times as may be necessary to the fulfilment of the obligation, unless in any case the period laid down in the new requirements may be less than that laid down in the first. Coercive fines are independent and compatible with which may be imposed by way of sanction.

6. at the level of the General Administration of the State, the amount of each of these periodic penalty payments shall not exceed $ 3,000.

«7. the Government may, by real Decree, proceed to the update of the sanctions provided for in the paragraph 1.»

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

Sixty and three. Modifies the first additional provision, which is worded in the following way: «first additional provision. Exercise of the powers of the Administration General of the State about them spaces, habitats and species marine.

Without prejudice to the provisions in law 41/2010, of 29 December, and competencies that correspond to the autonomous communities in this area, the exercise of State powers on the spaces, marine habitats and species shall conform to the provisions of the following paragraphs: to) the protection, conservation and regeneration of the fisheries resources in foreign waters shall be governed by the provisions of title I , chapters II and III of the Act 3 / 2001, of 26 of March.

(b) the limitations or bans on fishing in foreign waters of the protected natural areas and protected areas Natura 2000 network, shall be fixed by the Government, in accordance with the criteria set out in the environmental regulation, pursuant to article 18 of law 3/2001 of 26 March.

(c) the limitations or prohibitions established in matter of marina merchant, of ports of interest general and of signaling maritime in spaces natural protected and spaces protected network Natura 2000, located in the medium Marine will be adopted by the Government in accordance with it willing in the Real Decree legislative 2 / 2011, of 5 of September, by which is approves the text consolidated of it law of ports of the State and of the Marina merchant.

(d) the functions of the General Administration of the State in the marine environment, exclusive economic zone and continental shelf in the area of Defense, fishing and marine culture, merchant marine, ports of general interest and marine signaling, extractions of remains, protection of the Spanish archaeological heritage, research and exploitation of resources or other non-regulated by this law, shall be exercised in the manner and by the departments or agencies that have them assigned without prejudice to the provisions of the legislation specific to international conventions in their case or be applied.

e) promoting coordination between the policies of conservation and sustainable use of biodiversity and the landscape and national research programmes.»

Sixty and four. Amending the third additional provision, which is worded in the following way: «third additional provision. Fisheries resources and plant genetic resources and genetic food and agriculture.

(Except for it intended in the article 71, are excluded of the scope of application of this law: to) them resources plant genetic for it agriculture and the power, that is regulate by the law 30 / 2006, of 26 of July, of seeds and plants of nursery and of resources plant genetic.

(b) fisheries resources regulated by law 3/2001, 26 March, maritime fishing in the State.

(c) the animal genetic resources for food and agriculture, which will be governed by its specific regulations.»

Sixty and five. The second and third paragraphs of the fourth additional provision shall be deleted.

Sixty-six. Added an eighth additional provision with the following wording: «the eighth additional provision. Conditionality of aid.

Public aid exclusively financed with national funds and transfers of national funds to the autonomous communities for any purpose specified in this standard shall be linked to the effective implementation of information obligations provided for in this law.»

Sixty-seven. Added a ninth additional provision with the following wording: «ninth additional provision. Exemption from planning fees for works of general interest.

The General Administration of the State shall be exempt from the payment of fees for the issuance of licences that are required pursuant to the urban legislation, for the works that are declared of general interest as provided for in article 4.3.»

Sixty-eight. Added a tenth additional provision with the following wording: «tenth additional provision. Environmental assessment of management plans for natural areas protected or places of the Natura 2000 network.

Of the law 21/2013, December 9, environmental assessment, must undergo a strategic environmental assessment. "

Sixty-nine. Is adds a provision additional eleventh with the following wording: «provision additional eleventh.» Use of airspace, transit and air transport.

1. the limitations or prohibitions of flight to aircraft in protected natural areas and the protected areas of the Natura 2000 network will be established by the Government in accordance with article 3 of law 48/1960 of 21 July on air navigation.

2. in the processing of the limitations or prohibitions referred to in the preceding paragraph shall be sought with prescriptive character report of the Interministerial Commission for Defense and development.»

Seventy. Added a twelfth additional provision with the following wording: «twelfth additional provision. Goods affected the national defense, the Ministry of defence or the use of the armed forces.

Procedures for the development of resource management plans and Declaration, and determination of the formula of management that the competent administration determines in each case for the protected natural areas and protected areas Natura 2000 network, which are affected land, buildings and installations, including their protection zones, pertaining to national defense «, is seek report of the Ministry of Defense, that will have character binding in what affects to the Defense national and which should be evacuated in the period of two months.»

Seventy and one. Is modifies the provision repealing, that is worded of the following way: «available repeal.» Repeal legislation.

1 are hereby repealed the provisions of a general nature which is contrary to the provisions of this law and, in particular, law 4/1989, of 27 March, conservation of natural spaces and the Wild Fauna and Flora, the first additional provision of law 10/2006 of 28 April, amending Act No. 43/2003 21 November, Montes and annexes I, II, III, IV, V and VI of the Royal Decree 1997 / 1995 of 7 December, whereby measures to contribute to ensuring biodiversity through the conservation of natural habitats and of wild fauna and flora.

2 in addition, repealing, in relation to hunting with claim, the following items: the articles 23.5. to), b), and (c)); 31.15; (((and 34.2 of the Act 1/1970 of 4 April, hunting, and the articles 25.13. to), b) and (c)); 33.15, 33.18, 33.19; 37; 48.1.15; 48.2.17; 48.2.31 and 48.3.46 the Decree 506/1971, of 25 March, which approves the regulation for the implementation of the law on hunting.

3. Article 10 of Royal Decree 139/2011 4 February, for the development of the list of wild species in regime of special protection and the Spanish catalogue of endangered species is repealed by article 60.2 of this law.

4. the first additional provision of law 41/2010, of protection of the marine environment, is repealed by article 71 of this law.»

Seventy-two. Modifies the second final disposition, which is worded in the following way: «second final provision. Competence titles.


1. this law has character of legislation basic on protection of the environment, of conformity with it willing in the article 149.1.23. th of the Constitution Spanish, except the following provisions in which, besides dictate is to the amparo of said article, is dictate to the amparo of them following titles competence: the article 53, that is dictates to the amparo of the article 149.1.8. ª , that attributed to the State the competition exclusive in matter of management of them records, the article 4.3 and the second subsection of the article 60.2, that is dictate to the amparo of the article 149.1.24. th, that attributes to the State the competition exclusive on works public of interest general, them paragraphs 2, 3 and 4 of the article 54 and the article 71, that constitute legislation on trade outside dictated to the amparo of the article 149.1.10. th; and the sixth additional provision, which is exclusive competence in the field of international relations issued on the basis of article 149.1.3. ª of the Constitution.

2 non-basic article 76.2 and the first additional provision, which will only apply to the General Administration of the State, its public bodies and State agencies."

Seventy and three. Modifies the annex VIII of the Act, which will be drafted in the following way: ' ANNEX VIII geodiversity of the Spanish territory i. Geological units most representative 1.» Structures and unique geological formations in the Orógeno Varisco in the Iberian massif.

2 structures and unique geological formations in the basement, allochthonous units and cover mesocenozoica of the Alpine mountain ranges.

3. structures and formations geological unique of the basins Cenozoic continental and marine.

4. volcanic systems.

5. deposits, soils soil and forms of modeling unique representative of the action of the weather current and of the last.

6 deposits and unique forms of modeling of fluvial, lacustrine, and wind source.

7 deposits and forms of coastal and coastal modeling.

8. Karst systems in carbonates and evaporites.

II. contexts geological of Spain of relevant world 1. Inland, frogs and reliefs of the Iberian massif dulcimers.

2. coast of the Iberian Peninsula.

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

4 lower Paleozoic stratigraphic successions and environment of the Iberian massif.

5. the coal of the area Cantabrian.

6. the «rifting» of Pangea and the successions Mesozoic of them mountain ranges Betic e Ibérica.

7. fossil and trace fossils from the Mesozoic continental of the Peninsula Iberica.

8. stratigraphic sections of the Cretaceous-Paleogene boundary.

9. sinorogenicas surpirenaicas basin.

10 continental Cenozoic basins and deposits of vertebrates associates of the Spanish Levante.

11 units of the foreland bético olistostromicas.

12 episodes evaporitic messinienses (Mediterranean salinity crisis).

13. deposits of vertebrates of the Pliocene and Pleistocene Spanish.

14 volcanism Neogene and Quaternary of the Iberian Peninsula.

15 buildings and volcanic morphologies of the Canary Islands.

16. the Iberian variscan orógeno.

17. Miocene extension in the domain of Alborán.

18. the region of Almadén mercury mineralization.

19. the Strip Iberian pyrite.

20. the mineralizations of Pb-Zn and Fe of the Urgonian of the Vasco-cantabrica basin.

21. complex ofioliticos of the Iberian Peninsula."

Sole additional provision. Expenditure public.

The measures included in this law may not assume any increase of appropriations, fees, or other staff costs.

First final provision. Modification of law 26/2007, of October 23, environmental responsibility.

(1, paragraph b) of article 2.1 of law 26/2007, of October 23, environmental responsibility, is drawn up in the following way: «b) damage to the waters, understood as any damage that produces significant adverse effects: 1 both the ecological, chemical and quantitative status bodies of surface water or groundwater, the ecological potential for heavily modified and artificial water bodies.» For this purpose, it will be definitions that establishes the law of waters.

Not shall be regarded as damage to water effects to which they may apply article 39 of the regulation of the hydrological planning, approved by Royal Decree 907/2007 of 6 July.

2nd in the environmental status of marine waters, as defined in law 41/2010, of 29 December, of protection of marine environment, to the extent that various aspects of the environmental status of the marine environment are not already covered by the consolidated text of the Water Act approved by Royal Legislative Decree 1/2001 «, of 20 July.»

2. the article 45.3 of law 26/2007, of October 23, environmental responsibility, is drawn up in the following manner: "3. the competent authority must resolve and to notify within a maximum period of six months.» In scientific and technically complex cases, the authority may extend this period up to three additional months, notifying interested parties of this enlargement. For the sole purpose of the interposition of the administrative appeals or administrative litigation that were coming, to be allowed to after the mentioned deadline the application shall be rejected or there will be the revocation of the procedure initiated ex officio in the terms provided in article 44.2 of law 30/1992, of 26 November, notwithstanding the unavoidable obligation to resolve competent authority.»

Second final provision. Modification of the law 34 / 2007, of 15 of November, of quality of the air and protection of the atmosphere.

Is adds a third paragraph to the paragraph 2 of the article 13 of the law 34 / 2007, of 15 of November, of quality of the air and protection of the atmosphere, so the paragraph 2 of the article 13 will be drafted of the following way: «2. without prejudice of them others means of intervention administrative in the activity of them citizens enforceable by others provisions» , they are subject to a procedure of administrative authorization from the autonomous communities and the terms governing these, construction, Assembly, operating, transfer or substantial modification of installations in which develop some of the activities included in the catalogue indicated in annex IV of this law and which are listed in that annex as belonging to groups A and B. Group A activities shall be subject to requirements of emission control more demanding than those included in Group B.

These authorisations shall be granted for a period of time that in no case shall exceed eight years, past which may be renewed for successive periods.

The competent authority to grant permission will dictate the resolution putting an end to the procedure within a maximum period of nine months. Within this period without having notified express resolution, can understand is rejected the application as filed.»

Third final provision. Incorporation of the law of the European Union.

This law incorporates to the ordering legal Spanish the Directive 92 / 43 / EEC, of 21 of mayo, relative to the conservation of them habitats natural and of the fauna and flora wild, the directive 2009 / 147 / CE of the Parliament European and of the Council, of 30 of November of 2009, relative to the conservation of them birds wild, and the regulation 511 / 2014 of the Parliament European and of the Council , of 16 of April of 2014, relative to them measures of compliance of them users of the Protocol of Nagoya on to the access to them resources genetic and participation fair and equitable in them benefits that is derived from its use in the Union.

Available to finish fourth. Entry in force.

The present law shall enter in force to them fifteen days of its publication in the «Bulletin official of the State».

Therefore, command to all them Spanish, particular and authorities, that observe and do save this law.

Madrid, 21 of September of 2015.

PHILIP R.

The President of the Government, MARIANO RAJOY BREY