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Law 21/2015, Of 20 July, Amending Law 43/2003 Of 21 November, Amending Montes.

Original Language Title: Ley 21/2015, de 20 de julio, por la que se modifica la Ley 43/2003, de 21 de noviembre, de Montes.

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TEXT

FELIPE VI

KING OF SPAIN

To all who present it and understand it.

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

PREAMBLE

I

In 2003, the Cortes General approved a new law on the subject of mountains, Law 43/2003, of 21 November, of Montes, through which the legal regime of the spaces was updated. forest in accordance with the new conception of the environment enshrined in the Spanish Constitution and with the principles of sustainable forest management that must inform the management and conservation of Spanish mountains.

It was subsequently approved by Law 10/2006 of 28 April, a partial and very definite modification of the law, at a moment still initial of the social process of adaptation of the systems of ordination of the mountains to the requirements set out in the new sustainable forest management model.

Ten years after the approval of the Law of Montes, and based on its application, some aspects have been detected that it is appropriate to improve; others that, due to the further development of national legislation or It is necessary to adapt; and finally, others in whose development more progress has to be made, both with regard to the text originally adopted and the first amendment made in 2006. Therefore, in order to have the best possible instrument for the sustainable management of the Spanish forest masses, changes are made to the aspects mentioned in Law 43/2003 of 21 November, in addition to the provisions of the the judgments of the Constitutional Court relating to the impeachment of multiple precepts of the law originally approved, fundamentally the judgment of the Constitutional Court 49/2013, of February 28, the Judgment of the Constitutional Court 84/2013, of 13 April, and the recent Judgment 97/2013, of 23 April, in which the appellants have been, respectively, the autonomous communities of Catalonia, La Rioja and Castilla y León.

One of the novelties is the consideration, as a new inspiring principle of this law, of the mountains as green infrastructures, in tune with the Communication from the Commission to the European Parliament, the Council, the Economic Committee European Social and Social Committee and the Committee of the Regions COM (2013) 249 final of 6 May 2013, entitled 'Green infrastructure: improvement of the natural capital of Europe', as they constitute natural systems providing environmental services for first order.

In this modification, the forest territory's imbrication is a very important part of the rural world, to which it belongs, and to whose development it is actively contributing. On the other hand, the balance between the three essential pillars of sustainable forest management, i.e. economic, ecological and social, is improved.

The concept of multifunctionality of the Spanish mountains is also recognized, that is, their ability to fulfill simultaneously with various economic, ecological and social functions, including cultural functions (materials and (immaterial), without any of them to the detriment of others.

As for the scope of the law, it is determined that the agricultural land that is temporarily dedicated to forest species crops will be subject to this law of mountains during this period, with all the characteristics of the mountains, until the end of the previously established time of use, in which they can recover their previous condition of land dedicated to agriculture or animal husbandry.

II

As a novelty, in Article 7, the powers that correspond to the General Administration of the State deriving from the current constitutional framework are systematized, among which the coordination of the elaboration of the and the adoption of guidelines on various aspects of the fight against forest fires, as well as the deployment of state resources to support the autonomous communities, irrespective of whether the two issues are developed in close coordination with the Autonomous Communities.

The competition of the General Administration of the State arising from Council Regulation (EC) No 2173/2005 of 20 December 2005 on the establishment of a FLEGT licensing system is also reflected in the law. (Application of forest law, governance and trade) applicable to imports of timber into the European Community. The implementation of this policy will be carried out in accordance with the competences of each administration, as a result of which it is a shared competence. The table of shared competences is closed with the inclusion of those aspects in the field of conservation and management of the scientific and fish resources that are beyond the scope of an autonomous community, whose coordination is appropriate exercised by the General Administration of the State.

As for the coordination bodies with the autonomous communities the law gives flexibility to the administration to adapt to the different structures that over time can acquire, forcing the definition and Regulation of the same, in the regulatory field, much easier to vary according to the circumstances they are advising. Therefore, the Sectoral Conference on Agriculture and Rural Development is maintained as a coordinating body, facilitating the configuration, functions and object of the existing technical committees and those which are necessary in the future by means of minor range.

In the same way, it recovers the figure of a forest-based participation body by establishing a National Forestry Council, whose specific functions, composition and operation will also be regulated by the regulatory.

III

The law establishes a classification of the mountains in disjoint groups, first according to their ownership and then by their condition to a general interest, which is the factor that determines the characteristics of the management that must be object. The special importance of these mountains, whether public or private, derived from the unique values they incorporate, makes them creditors of a peculiarity that justifies the adoption of a regulation and own registers, different for each ownership, through which the Administrations can ensure their special protection and safeguard.

In this amendment, several aspects concerning, on the one hand, the use of public mountains are extended, which, when it is private, are subject in general to the system of administrative concession, or which may be public and, therefore, free, but in any case ordered, so it should be considered in the applicable management instrument.

The provisions that allow the defense of the Public Forest Domain to be strengthened in terms of post-death recovery, deslinde, preferential acquisition, and tanteo and retraction rights are strengthened. The regime of inviolability, prescriptibility, inembargability and absence of taxation is not changed.

Among the private mounts, the figure of the protectors is maintained. Although the name persists, they are redefined as those private mountains that meet some of the conditions that are required of the public to declare themselves of public utility, thus widening the concept and affecting the mountain in a way secondary to a public service, which will allow preference in the compensation of their positive externalities.

It is used to introduce a new Article 27a in replacement of the additional provision of the tenth, regulatory of the pro-indiviso mountains, characterized by the lack of identification of all the community members. Under the name of the partner mountains, a procedure is established that will allow the known owners to proceed to their management, thus avoiding the abandonment and deterioration of the mountain, and the exploitation of natural resources and, at the same time, clarifying the ownership of the vacant shares.

IV

By keeping the general bet on planning as the best way to ensure sustainable forest management, this principle is simplified and made possible for those small-surface mountains, very common in our geography, for which an individual planning procedure or technical plan is very costly and unaddressed by its owners or managers. Adherence to a properly approved type of forest management model, including series of selvicultural actions applicable to the different types of forest at the appropriate scale, can replace individual instruments provided that the The Commission has also been able to support the development of forest management by means of flexible and low-cost instruments for small amounts. In this way, the door opens to the autonomous communities being able to establish a series of model-type forest management for each of the mountain classes that they own in their territory and that they consider, for their size, their simplicity This is a very simple management plan, or for any other reason. The holder who in writing adheres to one of those approved models undertakes to follow what is indicated in that model and his mountain can be considered orderly. The inspection services can, of course, verify that the silvicultural actions prescribed in the model are actually carried out on the ground that has been committed. At the same time, the legal obligation to provide for a planning project, a dasocratic plan or another instrument equivalent to the listed and protective mounts, due to the forest or natural values they hold and which they do, is limited. This specific instrument is necessary. Similarly, the autonomous communities may extend this obligation to the mountains they see fit.

Prior authorization, or responsible declaration, is retained for short shifts, for use in mountains that do not have any instrument of management and the simple prior notification for which they have of him. In all of them, they are required to notify the use for statistical purposes. With this system it streamlines and simplifies processing while encouraging forest planning.

It is determined in this text that the public contracts of forest exploitation, different in essence of the concessions of use, must be governed in their general terms by the Recast Text of the Law of Contracts of the Sector Public, approved by Royal Legislative Decree 3/2011 of 14 November, under the figure of special contracts, since they must be subject to the forestry sector legislation. For this reason, the Government is empowered to regulate the basic regime of these forest works and services contracts.

Voluntary, transparent and non-discriminatory forest certification was already recognised in the previous text as a valuable tool for sustainable forest management, which aims, at the very least, to link trade in forests. forest products with the sustainable management of the mountains from which they come and to ensure that the end user is decant by products from planned and managed mountains with sustainable criteria. This amendment eliminates the administrative procedure that would be the guarantee that the State provides on the voluntary, transparency and non-discrimination of certification schemes.

In the amendment introduced, it is also established that the public administrations will try to control the legality of the origin of the forest products, putting all the means to avoid the introduction in the European market through our country of wood and forest products whose origin is not legal, in accordance with Council Regulation (EC) No 2173/2005 of 20 December 2005 on the establishment of a FLEGT licensing system applicable to the Imports of timber into the European Community and Regulation (EU) No 995/2010 of the European Parliament European and Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market.

V

It remains, on the already difficult change of forest use in general, the express prohibition of the change of use for 30 years in an arson field. An exception is added, however, for land where overriding reasons of general interest are of the first order which are prevalent in relation to their afforestation. This prevalence must be defined by a law with a range of law, which requires a process of public participation and a pronouncement based on popular sovereignty. Finally, compensatory measures are required.

Access to the mountains and the use of the forest tracks, which are generally prohibited by the 2006 text, is now left to the decision of each autonomous community, which must legislate in any case if it is prohibited or permitted in general, either being authorised or prohibited in cases where they are decided. In any case, access to vehicles linked to the management, the recognised pass-through easements and to the services of fire surveillance and extinction is ensured.

Together with these changes, in implementation of a CORA (Commission for the Reform of Public Administrations) measure, the regime of the forest agents and the administrative powers of extension, police and Forest nursery.

VI

On the other hand, the National Registry of Cooperatives, Companies and Forestry Industries is created, not as a license or prerequisite to develop its corresponding activity, but with the character of the instrument of compliance with the traceability of forest products and due diligence to be carried out for the purposes of legality, as well as a source of statistical information, a basis for forest planning at regional and national level.

VII

The application of the infringement and sanctions scheme of Law 43/2003, of 21 November, has been deficient in taking into account only the time necessary for the recovery of environmental damage as a factor of gravity, obviating the dimension of it. As a correction factor, a measure of the importance of such damage as a modulator of the seriousness of the infringement is introduced, so that both the infringements produce damage that will take a long time to recover, as well as those that will cause very large damage-estimated by the replacement value-will be considered serious or very serious, depending on the case. This implies that this second factor, which in the previous wording was considered to be aggravating, ceases to be so, since it should not be used twice in the qualification of the offence. It also affects the severity of the recidivism in minor faults.

A further infringement of the provisions resulting from the application of Regulation No 995/2010 of the European Parliament and of the Council of 20 October 2010 on the lawfulness of the laws of the Member States is introduced in this chapter. wood products, and the derived European legislation, a matter which has a reserve of law. In it the value of the wood introduced in the market contravening the regulations is the one that defines the gravity of the infraction.

To discourage the possibility of the penalty being considered a cost more than an operation, despite the fact that it continues to be profitable, the factor is introduced that the penalty will be the greatest of the prescribed or double the value of the damage caused (or from the marketed wood, which is also confiscated), together with the obligation to repair the damage, so that in spite of the fact that the infringement is profitable, it is eliminated in full.

VIII

With the idea of economically reactivating the forestry sector, in this case by grouping together for management purposes-and only for these purposes-so that an economy of scale can be applied, the Forest societies, whose partners maintain all of the Dominican prerogatives except for forest management, which is delivered for a period of time to society in exchange for a share of the benefits of the forest.

In order to encourage the ownership groups and the improvement in the sustainability of the mountains, a deduction is established in the corporate income tax of 10 percent of the expenses and investments intended for the conservation, maintenance, improvement, protection and access of the mountain for the Forest Societies created in this law, and at the same time and for the same purpose the special regime of deferral provided for in the Law of the Corporation tax, in order to avoid taxation that could exist at the time of the (a) the implementation of those operations by which the rights of forest use by the owners of land-based plots of land are to be transferred to the forest society in exchange for holdings in the forest.

In order to facilitate compliance with the provisions of Regulation 995/2010, of the European Parliament and of the Council of 20 October, the validity of a responsible declaration, the minimum content of which shall be regulated, shall be established. In order to comply with the requirements arising from the second, the nature of a minor infringement of its omission must also be established. Similarly, and for the purpose of homogenizing the intensity and the way of carrying out the inspections, the elaboration of a National Plan of Inspection in cooperation with the autonomous communities is established.

Finally, the low proportion of montes with an existing planning instrument has been observed, increasing in ten years-starting from 2004-the time limits for which the amounts of this obligation must have a project (a) the management, the dasocratic plan, the technical or equivalent instrument, as well as the lack of such an instrument for the purpose of incentives. This enlargement is justified by the changing conditions: it is not the same mountains that have to have such a plan, the existence of the possibility of models of forest management which makes planning easier, but which will lead to a time to work. All this makes it advisable to set an additional deadline for the adequacy of the system of incentives to ordered mountains and accommodation to the legality of the scheduled and protective mounts.

IX

In the law amending Law 43/2003, of 21 November, six additional provisions are also included that respond to different purposes: the first is limited to updating the references with the correct name of the Ministerial Department.

An additional provision similar to that already contained in Article 120 of Law 62/2003 of 31 December, of administrative tax measures and of social order, which guarantees a correct provision, is also introduced in the second place. application of direct aid from the common agricultural policy in Spain, in accordance with common criteria established at national level for the entire territory resulting from the new Community framework contained in Regulations (EU) 1307/2013, Parliament and the Council of 17 December laying down the rules applicable to the direct payments to farmers under the aid schemes falling within the framework of the Common Agricultural Policy, and 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the Common Agricultural Policy, in particular those relating to the integrated management and control system laid down in Chapter II of Title V and the cross-compliance system set out in Title VI, and agreed provisions.

It is obtained by the additional provision third to change the denomination of the bodies of agronomists and engineers of mountains, two of the oldest bodies of the Administration, including express mention " of the Status ".

The fourth additional provision covers some aspects of the hunting and fishing world which, while recognising the exclusive competence of the autonomous communities in their legislation, require, in order to ensure market unity, A certain degree of harmonisation and organisation at national level, such as economic activities, are also. Thus, it is anticipated the elaboration and adoption of a National Strategy of Cinegetical Management as well as the national registry of offenders that this system must entail in order to be effective.

The fifth additional provision establishes the use of the Tajo-Segura transfer operating rules.

The additional sixth provision regulates the Natural Path and the National Natural Highway Network.

Finally, seven final provisions are also included. The first of these changes is amended by Law 52/1980 of 16 October of the economic regime for the use of the Tajo-Segura aqueduct. The second amendment amends Law 10/2001 of 5 July of the national hydrological plan. The third adds a new article after 16 to Law 8/2003 of 24 April of Animal Health, in order to prevent the transmission of diseases to livestock or humans by means of the Cynetic species, establishing that both the Farms producing cynetic species such as the blacklands and the movement of these species will be regulated by the legislation in force in animal health. The fourth amendment changes the Law of 11 June, amending Law 16/2002 of July 1 on integrated prevention and control of pollution and Law 22/2011 of 28 July on contaminated waste and soils. The fifth declares that the previous text does not entail an increase in public expenditure and sets the deadline for entry into force for three months. The sixth, for its part, establishes the competence of competence and finally the seventh fixed in three months the period of entry into force.

X

The Law incorporates a series of precepts relating to the Tajo-Segura transfer, in order to comply with the ruling of the Constitutional Court of 5 February. This judgment has declared the unconstitutionality of several provisions relating to the Tajo-Segura transfer, which were introduced by amendments in the course of the parliamentary procedure of Law 21/2013, of 9 December, of evaluation For the purpose of the failure to provide the necessary information to the Autonomous Community of Aragon, provided for in Article 72.3 of its Statute of Autonomy.

The declaration of unconstitutionality has created uncertainty and risks the normal operation of the transfer. With the firm intention of avoiding this situation, the High Court judgment is given in this Law.

The Tajo-Segura transfer, in service since 1979, is an essential infrastructure: it supplies 2.5 million people and guarantees the supply of irrigation to 150,000 hectares, dedicated to agriculture. These are high value added and highly technical crops, which require a clear and stable regulatory framework in time, which allows the water resources available to be adequately programmed to be known to the regants. harvests and access the funding they need to develop their activity.

The Constitutional Court's own judgment underlines the relevance of these provisions, in its fifth legal basis, by stating quite clearly that 'all these provisions refer to the transfer regime'. Water through the Tajo-Segura Aqueduct, whose importance is beyond any doubt that the annulment of the aforementioned rules is liable to generate serious damage to the general interest.

In this way, it ensures the ordinary functioning and full legal security of the Tajo-Segura transfer.

Single item. Amendment of Law 43/2003, of 21 November, of Montes.

Law 43/2003, of 21 November, of Montes, is amended as follows:

One. Article 2 (2) and (3) are worded as follows:

" 2. This law shall apply to the land of mixed agricultural and pastoral condition, and in particular to the land in question, in respect of its characteristics and forest exploitation, without prejudice to the application of the rules which corresponds to its agricultural characteristics.

3. Mountain mounds or fractions that are included in protected natural spaces are governed by their specific legislation, as well as by the provisions of this law in that it is not contrary to that law. "

Two. Article 3 (f) is worded as follows:

"f) The conservation, improvement and restoration of biodiversity of forest ecosystems and species."

Three. A new point (l) is added to Article 3, which is worded as follows:

"l) The consideration of mountains as green infrastructure to improve natural capital and its consideration in climate change mitigation."

Four. Article 4 is worded as follows:

" Article 4. Multifunctionality of the mounts.

The mountains, regardless of their ownership, play a relevant social function, both as a source of natural resources and support for economic activities and as providers of multiple environmental services, between They are designed to protect the soil and the hydrological cycle; to set atmospheric carbon; to deposit biological diversity and as a fundamental element of ecological and landscape connectivity.

The recognition of these resources and externalities, of which the entire society benefits, forces the public authorities to ensure in all cases for their conservation, protection, restoration, improvement and orderly use. "

Five. Article 5 (2) shall be worded as follows:

" 2. Without prejudice to the provisions of the other paragraphs of this Article, they do not have the consideration of mountain:

a) Land dedicated to agricultural cultivation.

b) Urban land.

c) Land that excludes the autonomous community in its forest and urban regulations. "

Six. A new paragraph 4 is added to Article 5, with the following content:

" 4. Plantations of short-shift forest species in intensive farming on agricultural land will be subject to the provisions of this law for the duration of the previously established use shifts, unless the community specifically decides on a shorter period by deciding on its holder after the end of that period on the use of that land. "

Seven. Article 6 (f), (i), (n), (n) and (q) shall be worded as follows:

" (f) Forest population: establishment of forest species on a site by planting or planting. It can be afforestation or reforestation. "

" (i) Forest use: loggers and loggers, including forest biomass, cork, resin, pasture, game, fruit, fungi, aromatic and medicinal plants, apiculture products and other products; and services with market value characteristic of the mountains. "

" n) Project for the Management of Mountains: a technical document that synthesizes the organization in the time and space of the sustainable use of forest, timber and non-timber resources, in a mountain or group of mountains, for This should include a detailed description of the forest area in its ecological, legal, social and economic aspects, and in particular a forest inventory with a level of detail that will allow for decision-making as regards the selvate to be applied in each of the units of the mountain and to the estimation of their incomes. "

"n)" Plan dasocratic "or" technical plan ": project of sorting of mountains which, by their singularity-small extension; distinct functions different from the production of wood or cork; immature masses (without trees of age of (i) a more simple regulation of the management of its resources. In line with this, the forest inventory may be more simplified, although it will be necessary to incorporate information on thickness in the case of tree-lined mountains. "

" (q) Forest agent: an official who holds the status of an agent of the authority belonging to the Public Administrations which, in accordance with its own rules and regardless of the specific corporate name, has been entrusted, inter alia, with the supervision, police and custody of legal assets of a forest nature and of judicial police in a generic sense as provided for in Article 283 (6) of the Law on Prosecution Criminal, acting in an auxiliary manner from the judges, courts and the Prosecutor's Office, and from Coordinated with the Security Forces and Forces, with respect to the powers of its regulatory organic legislation. "

Eight. Article 7 (2) (a), (b) and (c) shall be worded as follows:

" a) The definition of the general objectives of the Spanish forest policy through documents such as:

1. Spanish Forest Strategy.

2. Spanish Forest Plan.

3. Program of National Action against Desertification.

4. National Plan of Priority Actions of Hydrological Restoration.

5. National Plan for the Control of the Legality of Marketed Timber.

b) The collection, processing and systematization of forest information to maintain and update the Spanish Forest Information.

c) The establishment of common guidelines on fire suppression and prevention training, on the standardisation of material means, and on equipment for firefighting personnel throughout the Spanish territory, as well as the deployment of state resources to support the autonomous communities, for the coverage of the fire mounts. "

Nine. Article 7 (2) (f) is worded as follows:

" f) The establishment of basic standards on the conservation and sustainable use of forest genetic resources and on the provenance, production, use and marketing of forest reproductive material and, in the determination of their regions of provenance and the maintenance of the Register and the National Catalogue of Base Materials. "

Ten. Article 7 (2) (g) is worded as follows:

"g) The elaboration and approval of the common basic guidelines for sustainable forest management."

Once. Article 7 (3) (a) is worded as follows:

"a) The coordination of the Public Utility Montes Catalog, as well as that of the Register of Protective Mountains and other records provided for in this law."

Twelve. Article 7 (3) (b) is worded as follows:

" b) Collaboration in the design of networks, the collection and communication to the community bodies of the data obtained by the autonomous communities in their territorial scope and those obtained by the General Administration of the State in the field of supra-regional or of its powers, originating from the parcels of the European networks for the monitoring of the state of the mountains, and other systems of general monitoring. "

Thirteen. Article 9 (b) is worded as follows:

"(b) The management of the scheduled mounts of their ownership, where this is available and in the form that is available in the forest legislation of the Autonomous Community."

Fourteen. Article 10 is worded as follows:

" Article 10. Coordination and participation bodies of the Spanish forestry policy.

1. Coordination between the General Administration of the State and the Autonomous Communities for the preparation, study and development of the issues of forestry policy is the responsibility of the Sectoral Conference on Agriculture and Rural Development.

2. The National Forestry Council is hereby established as an advisory body to the Ministry of Agriculture, Food and the Environment in the field of forests and forestry policy, which will inform, among others, the State-wide rules and plans concerning the field of forestry. forest. Under the chairmanship of the Minister, its composition, organisation and operation will be determined on a regulatory basis, in any event the participation of the organisations representing the interests concerned, without being able to generate personnel and no increase in public expenditure. "

Fifteen. Article 11 (4) is worded as follows:

" 4. The common-hand neighbourhood is a private one which has a special nature as a result of its ownership in common without the allocation of quotas, being the ownership of those of the neighbours who at each moment integrate the Community group and subject to the limitations of indivisibility, inseparability, impregability, and inembargability. Without prejudice to the provisions of Law 55/1980 of 11 November of 11 November of the Common Hand, the provisions of the provisions of the Private Mountains shall apply to them. "

Sixteen. Article 12a is deleted.

seventeen. Article 13 is worded as follows:

" Article 13. Public utility cataloged mountains.

As of the entry into force of this law, the autonomous communities may declare of public utility and include in the Public Utility Mountains Catalogue the public funds included in any of the following assumptions:

(a) Those that are essential for soil protection against erosion processes.

(b) Those located in the headwaters of the river basins and those other that contribute decisively to the regulation of the hydrological system, including those in the perimeter of the protection of the fetches surface and underground water, avoiding or reducing landslides, floods and flooding and defending populations, crops and infrastructure, or improving water supply in quantity or quality.

c) Those that avoid or reduce landslides or rocks and the landing of reservoirs and those that protect crops and infrastructure against the wind.

(d) Those without fully collecting in their present state the characteristics described in paragraphs (a), (b) or (c) are intended for afforestation or forest improvement for the purposes of protection indicated therein.

e) Those that contribute to the conservation of biological diversity through the maintenance of ecological systems, the protection of flora and fauna or the preservation of genetic diversity, and in particular constitute or form part of protected natural spaces, areas of special protection for birds, areas of special conservation, places of geological interest or other legal protection figures, as well as those constituting relevant elements of the landscape.

f) Those others who establish the autonomous community in their legislation. "

Eighteen. Article 15 (3) is worded as follows:

" 3. Forest exploitation in the forest public domain shall be governed by the provisions of Articles 36 and 37 of this Law. "

nineteen. Article 15 (5) is worded as follows:

" 5. In the procedures for the granting and authorization of economic activities promoted by the management administration of the mountain to be carried out in demanial mountains, without prejudice to the provisions of the regulation of the communal mountains, respect the principles of publicity, objectivity, impartiality and transparency. The principle of competitive concurrency shall also apply in accordance with the planning and management instruments or guidelines of the instrument in the following cases:

(a) in the case of a service activity that is promoted by the management administration of the mountain.

(b) where the exercise of the activity excludes the exercise of other activities by third parties.

The criteria on which the granting and authorisation for the performance of service activities shall be based shall be directly linked to the provisions of the mountain planning and management instruments or guidelines.

The duration of such authorisations and concessions shall be at the maximum of 75 years, in accordance with their characteristics, and shall not give rise to automatic renewal or advantages in favour of the previous holder or persons connected with it. "

Twenty. Article 16 (3), (4) and (5) are worded as follows:

" 3. The inclusion in the Catalogue of Public Utility Montes of the public mountains referred to in Article 13 shall be made ex officio or at the request of the holder, and shall be adopted by agreement of the highest governing body of each Autonomous Community, proposal from its own forestry body, after instruction in the relevant procedure to be heard by the managing authority and, where appropriate, the rightholders on those amounts.

4. The exclusion of a mountain from the Public Utility Mountains Catalogue shall only proceed when it has lost the characteristics for which it was listed and shall be regulated by the procedure described in the previous paragraph. The partial or permanent exclusion of a non-significant part of a listed mountain may be authorized by agreement of the highest governing body of each autonomous community, on a proposal from its forest organ, provided it provides for a better definition of the area of the mountain or an improvement for its management and conservation.

5. By way of derogation from the highest governing body of each Autonomous Community, after a report by its forest organ and, where appropriate, by the titular entity, the exclusion or permuse of a part of a listed mountain may be authorised. cause of public interest prevalent. "

Twenty-one. Article 18 (1), (2) and (3) are worded as follows:

" 1. The declaration of public utility of a mountain does not prejudge any question of ownership, but constitutes a presumption of possession in favor of the entity to which the catalogue grants its membership. The ownership that is assigned to a mountain can only be challenged in an ordinary declarative of property before the civil courts, not allowing the exercise of the actual actions of article 250.1.7 of the Law of Procedure Civil.

2. In cases where ordinary declarative trials of the ownership of scheduled mountains are promoted, the autonomous community shall be a defendant, in addition to, where appropriate, the entity holding the mountain. In all the proceedings performed in the judicial proceedings referred to in this article, the representation of the management administration must be placed in due time, if not otherwise stated.

3. The managing or managing administration shall register the listed mountains, as well as any right on them, in the Land Registry, by means of certification accompanied by a topographic plane of the mountain or the raised for the scale of the appropriate, properly georeferenced, and in any case the descriptive and graphic cadastral certification in which the cadastral reference of the real estate or real estate constituting the whole of the mount cataloged, according to the text recast of the Law of the Land Registry, approved by Royal Legislative Decree 1/2004, of 5 of March. In the event of a discrepancy, the mortgage legislation on the registration of the graphic representation of the estates in the Land Registry will be available. "

Twenty-two. A new Article 18a is added as follows:

" Article 18a. Segregation of partially affected farms to the public forest domain.

1. Where a registered office of public ownership is subject to partial affectation to the public forest domain, the titular administration may segregate the demanial part of the estate by means of administrative certification which shall be sufficient for registration in the Land Registry.

2. In the administrative cases of segregation regulated in the previous paragraph, the provisions of Articles 13 and 46.2 of the recast text of the Law of the Land Registry, approved by Royal Legislative Decree 1/2004, will apply. March 5. "

Twenty-three. Article 19 (2) is worded as follows:

" 2. The possession for the purposes of the limitation period shall be deemed to have been interrupted by the use of forest use, the initiation of sanctioning files or any post-ory act carried out by the managing or managing administration of the mount. "

Twenty-four. The heading and paragraph 1 of Article 20 shall be worded as follows:

" Article 20. Research and recovery of public funds.

1. The holders of the public funds, on their own initiative or at the request of the management administration in the listed mountains, will have the power to investigate the situation of the land which is presumed to belong to their heritage, as established in Article 45 et seq. of Law 33/2003 of 3 November of the Heritage of Public Administrations, to which effect they may collect all data and reports deemed necessary.

The managing authority shall collaborate in such research, making available to the managing authority the technical and documentary means available to it. "

Twenty-five. Article 21 (1) shall be read as

:

" 1. The holders of the public mountains, together with the management administration in the listed mountains, will enjoy the power of administrative disassembly of their mountains. The competent forest administration may, where appropriate, cooperate with the management of such funds, making available to the administration the technical and documentary resources available to it. "

Twenty-six. Article 21 (4) is worded as follows:

" 4. The deslindes shall be approved in the light of the supporting documents or situations of qualified possession that credit the public ownership of the mount object of the deslinde, as well as of the cadastral mapping and the cadastral certification descriptive and graphic of the real estate or buildings concerned, and shall establish its limits with its geo-referenced and/or sound if it is available, and the existing charges must also be specified. '

Twenty-seven. Article 21 (5) is worded as

:

" 5. They shall have only value and effectiveness in the act of the apee of the domain titles entered in the Register of Property and final judgments in the declarative judgment of property. "

Twenty-eight. Article 21 (9) shall be read as

:

" 9. Once the agreement on the approval of the deslinde is firm, the amojoning will proceed, with participation, if any, of the interested parties. The Acting Administration must formalize the corresponding communication to the Catastro Real Estate of the result of the unlinde, according to the cadastral regulations. "

Twenty-nine. Article 23 (1) shall be read as

:

" 1. The private funds are managed in the form of their holder, without prejudice to the provisions of the specific legislation and the Civil Code. "

Thirty. Article 23 (3) is worded as follows:

" 3. The management of these mountains shall be adjusted, if available, to the relevant forest management or planning instrument. The implementation of these instruments will be supervised by the forest organ of the autonomous community. In the absence of such an instrument, the management of the holder shall entail the necessary prior authorisation for forest use on the terms that the Autonomous Community establishes in accordance with Articles 36 and 37 of this Law. "

Thirty-one. The heading of Chapter IVa is deleted, with Articles 24 and 24a falling within Chapter IV.

Thirty-two. Article 24 is worded as follows:

" Article 24. Statement of protective mounts.

1. A protection shall be declared to be those which are private owned forests or land which meet some of the conditions laid down in Article 13 for public funds.

2. The declaration of a protective mount shall be made by the Administration of the corresponding Autonomous Community, prior to the file in which, in any case, the owners and the local entity shall be heard where they radiating. The same procedure will be followed for declassification once the circumstances that determined its inclusion would have disappeared.

3. The autonomous communities shall establish registers of administrative protective mounts in which the charges, levies and other real rights which support the amounts included in them shall be established.

4. The National Register of Protective Mountains is created. The autonomous communities shall forward to the Ministry of Agriculture, Food and the Environment the information on the seats produced in their registers in accordance with the previous paragraph in order to prepare and maintain the register. National.

The Register will be informative and will depend on the Ministry of Agriculture, Food and Environment. Its organisation and operation shall be established in a regulation after consultation of the Autonomous Communities. "

Thirty-three. Articles 24a and 24b are deleted.

Thirty-four. Article 24c becomes the 24th bis and is worded as follows:

" Article 24a. Management of protective mounts.

1. The management of the protective mounts is the responsibility of their owners, without prejudice to the provisions of the specific legislation. The manager shall submit to the forest administration of the autonomous community the corresponding project for the management of the montes or the dasocratic plan, in the absence of a natural resource management planning instrument or forest in the area.

2. The limitations laid down in the management of the protective mounts by reason of the ecological, protective or social functions which they fulfil may be economically compensated in accordance with the terms laid down in Chapter III of Title VI. "

Thirty-five. Article 25 (1) (b) is worded as follows:

"(b) Of declared protective mounts in accordance with Article 24."

Thirty-six. A new Article 27a is added, which is worded as follows:

" Article 27a. Montes de partners.

1. They are a member of the partners whose ownership corresponds to several persons in pro-indiviso, and some of them are unknown, regardless of their denomination and form of constitution.

2. Any of the co-owners of a mountain of partners, irrespective of their share of participation, may promote the establishment of a management board with the competent authority in forest management, which shall, at the request of a party, all known co-owners. The managing board, once constituted, shall be the governing body and representation of the community as long as there are vacant participation quotas and no known owner, by means of communication to the effect to all other known co-owners.

The management board will communicate the existence of one or more participation fees that lack the owner known to the General Directorate of the State Heritage, in order to proceed in compliance with the provisions of Law 33/2003, November 3, the Heritage of Public Administrations and its Implementing Regulation, approved by Royal Decree 1373/2009 of 28 August 2009.

3. For the valid constitution of the managing board, the agreement of at least the four fifths of the known owners, and their written formalization, shall be required. The minutes of the establishment of the managing board in which the identification of the mountain or mountain concerned, the designation of at least one president and a secretary and the rules of internal operation, which shall include the criterion of incorporation of new members.

4. Corresponds to the managing board:

a) The representation and management of the community. To this end, it may adopt the acts of management and administration that best suit the common interests, including the management and enjoyment of the mountain of partners and all its products and the disposal of all kinds of benefits. forestry, agricultural, livestock, energy and mining, as well as any other act for which owners are empowered by this law. The managing board may agree on the distribution of profits generated between the partners, in proportion to their participation, excluding those for the non-clarified parts, which shall be invested in the improvement of the mountain.

b) The promotion of the investigation files of the ownership of the vacant quotas, in accordance with the provisions of Articles 45 et seq. of Law 33/2003 of 3 November of the Heritage of the Administrations Public and other applicable rules. The managing board shall seek to identify the holders of the vacant shares, by means of any documentary evidence or other class accepted in law; in particular, by means of the data obtained in the Land Registry, in the Catastro, in public writings, in testimonials and notarial acts or in consignments of birth or baptism of the last known holders and their descendants, without prejudice to the powers of the General Directorate of the State's Heritage.

5. For the valid adoption of agreements, a favourable vote of the majority of the shares of the known owners, present or represented, shall be required.

6. The management board shall be dissolved once all the community members are identified in accordance with the law, at the time from which they are subject to the rules of the community of goods under the pro-indiviso regime, and do not proceed with the division until they are not has proceeded with the identification of all the vacant quotas.

7. The Directorate-General for State Heritage shall initiate the relevant investigation procedure with regard to the vacant quotas provided that the communication from the managing board shows that there are well-founded indications that these quotas are effectively lack the owner.

The investigation procedure will incorporate the steps taken by the management board to clarify the ownership of the quotas, which will not need to be repeated by the General Administration of the Status.

In the event that the existence of vacant quotas is established, such quotas will be affected by law ministry to the Ministry of Agriculture, Food and Environment when their incorporation is agreed upon. the assets of the General Administration of the State, thus declaring itself in the resolution to terminate the investigation procedure.

The result of this identification will be the subject of a declaration to the Real Estate Catastro, in order to incorporate the cadastral alterations that, if any, proceed.

In any event, a process of disposal may be initiated under these quotas under the terms of Article 112.6 of Law 33/2003 of 3 November of the Heritage of Public Administrations.

8. The owners of the partner mountains shall be governed by the provisions of Articles 392 et seq. of the Civil Code and, in particular, they shall have the right to withdraw. In any event, the right of legal retraction between owners shall not be applicable in the inter-living transmission granted in favor of the spouse or relatives by consanguinity within the second degree of the condomino or one-person societies of the same.

9. The managing boards shall be assigned tax identification for the conduct of legal business of their competence. "

Thirty-seven. Article 28 (1) is worded as follows:

" 1. The Ministry of Agriculture, Food and Environment will coordinate with the other competent bodies of the General Administration of the State and the Autonomous Communities the elaboration of the Spanish Forest Information, which will include the following subjects:

a) The national forest inventory and its corresponding forest map of Spain.

b) The national soil erosion inventory.

c) The Spanish Inventory of Continental Hunting and Fishing.

d) Repopulations and other forestry activities.

e) Relation of ordered mounts.

f) Forest production and forestry industrial activities.

g) Wildfires.

h) Tracking the interaction of the mountains and the environment.

i) Characterization of forest territory included in the Natura 2000 Network or in Protected Natural Spaces and protected areas by international conventions.

j) The biological diversity of the Spanish mountains.

k) State of protection and conservation of the main Spanish ecosystems and forest species and effects of climate change on them.

l) The social perception of the mountains.

m) Environmental Services.

The Ministry of Agriculture, Food and Environment may include other statistical operations in the Spanish Forest Information.

All the information collected in the inventories, as well as the content that integrates the Spanish Forest Information will have a public character, the regulations of access to the environmental information being applicable. "

Thirty-eight. Article 28 (2), (3), (4), (5) and (6) shall be worded as follows:

" 2. The bodies responsible for forestry statistics of the autonomous communities and other public administrations shall provide the Ministry of Agriculture, Food and the Environment with the information of the forestry nature of their It is necessary to prepare the Spanish Forestry Information and to meet the demands of statistical information of the international organizations, as well as to facilitate the access of the citizen to the forest information. In particular, before the third quarter of each year, they shall provide the forest statistical information they have produced on the previous year.

3. The Ministry of Agriculture, Food and the Environment will establish coordination procedures so that in the documents of the Spanish Forest Information and the Agro-Food Statistics there is an identity of the definitions of the uses and forest and agricultural use, as well as the areas assigned to each of them.

4. The Ministry of Agriculture, Food and the Environment will make the information contained in the Spanish Forest Information available to the Autonomous Communities and local entities, the companies and forestry industries and other agents interested.

5. Periodically, the Ministry of Agriculture, Food and Environment will produce and publish a Spanish forest report, based on the analysis of the data from the Spanish Forest Information.

6. The National Forest Inventory and the Forest Map of Spain, as well as the National Soil Erosion Inventory, will be continuous and at least ten-year update. Its elaboration will be made by applying common criteria and methodology for the entire Spanish territory. "

Thirty-nine. Article 29 is worded as follows:

" Article 29. Spanish Forest Strategy.

1. The Spanish Forestry Strategy, as a reference document for establishing Spanish forestry policy, will contain the diagnosis of the situation of the Spanish forests and forestry sector, the forecasts for the future, in accordance with their own needs and with the international commitments made by Spain, and the guidelines that allow the Spanish forestry policy to be articulated.

2. The Ministry of Agriculture, Food and the Environment, ears of the affected ministries, will prepare the Spanish Forest Strategy, with the participation of the autonomous communities and previous favorable report of the Sectoral Conference of Agriculture and Rural Development. The Spanish Forestry Strategy will be approved by agreement of the Council of Ministers.

3. When the circumstances advise, and in any case on the occasion of each review of the Spanish Forest Plan, the Spanish Forest Strategy will be reviewed. The review shall be carried out and approved in accordance with paragraph 2. '

Forty. Article 30 is worded as follows:

" Article 30. Spanish Forest Plan.

1. The Spanish Forest Plan, as an instrument of long-term planning of Spanish forestry policy, will develop the Spanish Forest Strategy.

2. The Ministry of Agriculture, Food and Environment will prepare the Spanish Forest Plan with the participation of the autonomous communities taking into account the forestry plans of those and previous favorable report of the Sectoral Conference. Agriculture and Rural Development. The Spanish Forest Plan will be approved by agreement of the Council of Ministers.

3. The Spanish Forest Plan will be reviewed every ten years, or in a shorter period when the circumstances so advise. The review shall be carried out and approved in accordance with paragraph 2. '

Forty-one. Article 31 (4) is worded as follows:

" 4. The territorial scope of the PORF shall be the forest territories with homogeneous geographical, socio-economic, ecological, cultural or landscape characteristics. They may be adapted to those sub-regional comarcalizations and divisions raised by the spatial planning or other specific administrative divisions of the Autonomous Communities. "

Forty-two. Article 31 (6) (f) is worded as follows:

" (f) Planning the actions necessary to meet the objectives set out in the plan, incorporating repopulation forecasts, hydrological restoration, prevention and extinction of fires, prevention and control of pests, regulation of recreational uses and the management of mountains, including, where appropriate, cynetic, fish and mycolic management. '

Forty-three. Article 31 (8) is worded as follows:

" 8. Where there is a natural resource management plan (PORN) in accordance with Law 42/2007, of 13 December, of Natural Heritage and Biodiversity, or another equivalent plan in accordance with the autonomic regulations covering the same forest territory as defined in paragraph 5, the forest part of these plans may be of the character of PORF, provided that they have the favourable report of the competent forest organ. "

Forty-four. The heading of Article 32 is worded as follows:

" Article 32. Sustainable forest management. Common basic guidelines. "

Forty-five. Article 32 (2) is worded as follows:

" 2. The Government, after consulting the Autonomous Communities, through the Sectoral Conference on Agriculture and Rural Development, will approve the common basic guidelines for sustainable forest management in relation to the following aspects:

(a) The adaptation to the Spanish mountains of the criteria and indicators of sustainability, their assessment and monitoring, in accordance with the criteria established in international resolutions and conventions in which Spain is part and, in particular, those required for the mountains covered by the Natura 2000 network.

(b) The minimum content of instructions for the management and use of mountains to ensure their sustainable management. "

Forty-six. A new paragraph 4 is added to Article 32, with the following wording:

" 4. The competent regional authority may approve models of forest management for those mountains whose characteristics so permit, as well as procedures for accession to them which entail a commitment to follow up on their part. headlines. If this is established, in these cases adherence will result in the consideration of an ordered mount.

The Ministry of Agriculture, Food and the Environment will collaborate with the autonomous communities in the elaboration of the forest management models of each community, and will facilitate the exchange of experiences on they. "

Forty-seven. Article 33 (2) is worded as follows:

" 2. The declared montes of public utility and the protective mounts shall have a project of sorting of mountains, a dasocratic plan or other equivalent management instrument. '

Forty-eight. Article 33 (4) is worded as follows:

" 4. The minimum content of the projects for the management of mountains and dasocratic plans shall be laid down in the common basic guidelines for sustainable forest management and the use of forests laid down in Article 32. The preparation of these instruments must be directed and supervised by professionals with a university degree and must have as reference, where appropriate, the PORF in whose area the mountain is located. "

Forty-nine. A new paragraph 5 is added to Article 33 which is worded as follows:

" 5. The competent authority of the autonomous community shall regulate in which cases a management instrument may be required for non-scheduled private and public private mountains. "

Fifty. Article 34 is worded as follows:

" Article 34. Management of public utility cataloged mounts and protective mounts.

1. The scheduled public utility mounts and the protective mounts declared on the basis of paragraphs (a) to (d) of Article 13 shall be managed in order to achieve the maximum stability of the forest mass, avoiding, where appropriate, fragmentation For the purposes of this Regulation, the Commission shall, in accordance with Article 3 (1) of Regulation (EU) No No 1, of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the mount.

2. The listed montes and the protective mounts declared on the basis of paragraph (e) of Article 13 shall be managed to ensure that they are maintained in a favourable conservation state or, where appropriate, for the restoration of the values they have prompted. such a declaration, without prejudice to the purposes specified in paragraph 1. "

Fifty-one. Article 35 is worded as follows:

" Article 35. Forest certification.

Public administrations will promote the development of voluntary, transparent and non-discriminatory forest certification systems. "

Fifty-two. Article 35a is worded as follows:

" Article 35a. Responsible purchasing of forest products.

For the purposes of the Recast Text of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November, the contracting authority may include among the considerations of type the environmental conditions laid down in the procurement procedure, those relating to the conditions of the lawfulness of the use of wood and its derived products as an exclusive factor in the case of non-accreditation, and those relating to it sustainability, which may be accredited, inter alia, by means of forest certification defined in Article 6. '

Fifty-three. Article 36 is worded as follows:

" Article 36. Forest exploitation.

1. The owner of the mountain shall in all cases be the owner of the forest resources produced on his mountain, including spontaneous fruits, and shall be entitled to use it in accordance with the provisions of this law and the autonomous regulations.

2. The use of forest resources shall be carried out in accordance with the requirements for the management of forests laid down in the relevant forest resource management plans, where they exist. They shall also be adjusted, where appropriate, to what is specifically recorded in the project for the management of mountains, the dasocratic plan or the equivalent management instrument in force.

3. The competent authority of the autonomous community shall regulate non-timber use. Such use, and in particular of pasture, shall be, where appropriate, expressly regulated in the relevant forest management or PORF instruments in the field of which the mountain in question is located.

4. The use of forests in the public forest domain may be carried out by their holders within the framework of the provisions of the relevant heritage legislation.

5. The management administration of the demanial mountains may dispose of products or services thereof under the system of forestry use, subject to the technical and economic-administrative clauses to be established and the management instruments in force. As a consideration, in addition or instead of the price, certain improvements to the mountain may be established or accepted, which shall be subject to the relevant management instrument, to the specific conditions to be established and to the approval of the holder of the mount.

6. In the case of contracts to be concluded by the managing authorities or holders of demanial montes for the performance of improvements in such mountains, in which forest products with market value are generated, they may be made available the successful tenderer of the works and the estimated price of their sale constitute an element within the budget of the action.

7. The use in the mountains affected by the serfdom, police, or condition of the public hydraulic, land-land, road or rail domains will not require the authorization of the competent bodies of such domains, provided that such mountains have management tools whose approval by the forest organ of the autonomous community has been favourably informed by the management bodies of the public domains mentioned.

8. The Government, heard by the Autonomous Communities, will regulate the basic system of public procurement contracts, works and forestry services. "

Fifty-four. Article 37 is worded as follows:

" Article 37. Lovable and lovable use.

1. Timber and woody use shall be regulated by the forest organ of the Autonomous Community.

2. In the case of non-forest-managed mountains, such use shall be subject to the following basic conditions:

(a) Where there is a planning project, a dasocratic plan or an equivalent management instrument, or the mountain is included in the scope of a PORF and this is provided for by the holder of the holding of the mountain forward the declaration responsible for the use to the forest organ of the autonomous community, in order to enable it to verify its conformity with the provisions of the management instrument or, where appropriate, of planning.

(b) Where such instruments do not exist, such use shall require prior administrative authorization, except in the case of timber or short-shift lenous or minor domestic use, in which case must communicate, by means of a new responsible statement, the circumstances in which such authorisation is not necessary.

Those whose turn is less than 20 years old and the use of the species and shifts jointly treated that determine the autonomous communities for their territory will be considered. Less than 10 cubic metres of wood or 20 peels of wood shall be considered to be used, unless the autonomous communities establish for their territory minor amounts.

3. The provisions of the foregoing paragraphs are without prejudice to the provisions of the 11th additional provision, in relation to the procedure for carrying out the relevant prior environmental assessment of activities subject to a responsible notification or declaration where the notification or declaration is required by the basic state or regional environmental assessment legislation.

4. The holder of a timber or woody use whose products are placed on the market shall communicate the amount actually obtained to the regional authority within the maximum period of one month from the date of completion and in accordance with the procedures to be established for this purpose. "

Fifty-five. Article 38 is worded as follows:

" Article 38. Background of enhancements to cataloged mounts.

The holders of scheduled mountains will apply to an improvement fund, the destination of which will be the conservation and improvement of the mountains included in the Public Utility Mountains Catalogue, an amount that will be fixed by the autonomous communities and which shall not be less than 15% of the value of their forest use or of the yields obtained by occupations or other activities carried out on the mountain. This fund shall be administered by the forest organ of the autonomous community, unless the latter transfers it to the local authority. The investments will be made in accordance with the plan of improvements established in the planning of this mountain. "

Fifty-six. Article 39 is worded as follows:

" Article 39. Delimitation of forest use in urban planning.

Urban planning instruments, when they affect the qualification of forest land, will require the report of the competent administration in forest management. This report shall be binding in the case of scheduled or protective mounts.

The forests belonging to the forest public domain will have the consideration of soil in rural situation, for the purposes of the provisions of the state legislation of the soil, and must be preserved by the spatial planning and urbanistics, from its transformation through urbanization ".

Fifty-seven. Article 41 (4) is read as

:

" 4. The National Plan of Priority Actions of Hydrological Restoration will diagnose and identify, by sub-basins, the erosive processes, classifying them according to the intensity of the same and their potential risk for populations, crops and infrastructure, defining priority areas of action, assessing the actions to be taken and establishing the prioritisation and time-planning of the actions.

In the preparation or subsequent implementation of the Plan, the competent authorities shall delimit danger zones by risk of floods or snow intrusions affecting populations or human settlements as planned. in Directive 2007 /60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks.

These areas should have specific plans for the hydrological restoration of mandatory performance for all public administrations. "

Fifty-eight. Article 42 is worded as follows:

" Article 42. Declaration of the general interest of hydrological and forest restoration activities outside the public hydraulic domain.

The Government will be able to declare a general interest in hydrological restoration activities outside the public hydraulic domain at the request of the affected autonomous communities. "

Fifty-nine. Article 44 (1) and (3) shall be worded as follows:

" 1. The General Administration of the State and the Autonomous Communities shall organize specific forest fire prevention programmes on the basis of research on their causality and, in particular, on the reasons they may be. to cause intentionality at source. This planning shall take into account the basic emergency civil protection planning guideline for forest fires and the specific plans arising from it. "

" 3. Autonomous communities shall regulate in mountains and adjacent areas the exercise of all those activities which may give rise to a fire risk, and shall lay down safety standards applicable to buildings, works, electrical installations and transport infrastructure in and around the forest area, which may involve or be affected by fire hazards. In particular, they will specifically regulate forest fire prevention and safety measures in the area of urban-forest interface. They may also limit the transit through the mountains, and may be removed when the danger of fire makes it necessary. "

Sixty. Article 46 (1) is worded as follows:

" 1. To facilitate collaboration between forest fire extinguishing devices, in such a way as to enable the mutual assistance of competent administrations and the joint use of personal and material resources, the The Ministry of Agriculture, Food and the Environment, in collaboration with the Autonomous Communities will establish the common guidelines for the implementation of a common emergency management system, training, preparation and equipment of the personnel and for the normalization of the material means."

Sixty-one. Article 47 (3) is amended as

:

" 3. The Administration responsible for the extinction shall assume the legal defense of the technical director and the personnel under his command in the procedures followed before the civil and criminal judicial orders for possible liabilities arising from the orders and actions executed in connection with the extinguishing of the fire. "

Sixty-two. Article 48 (1) and (3) are worded as follows:

" 1. Those areas where the frequency or virulence of forest fires and the importance of the threatened values make special fire protection measures necessary may be declared as high risk areas for fire or fire. of preferential protection. The Ministry of Agriculture, Food and the Environment, in collaboration with the Autonomous Communities, will establish guidelines and criteria for the definition of these areas especially sensitive to fire risk. "

" 3. All these areas will have a Defense Plan that, in addition to everything that the corresponding autonomic emergency plan establishes, must consider at least:

(a) The socio-economic problems which may exist in the area and which are manifest through repeated provocation of fires or the negligent use of fire, as well as the determination of the times of the year of greatest risk of forest fires.

(b) The preventive work that is necessary to carry out, including the selvicultural treatments that come, fire areas, access paths and water points to be carried out by the owners of the area, as well as the time limits for implementation.

c) The defence plan shall also contain detailed rules for the implementation of the work, depending on the legal status of the land, by means of agreements, agreements, temporary transfer of land to the administration, aid or grants or, where appropriate, subsidiary execution by the Administration.

(d) The establishment and availability of the means of surveillance and extinction necessary to cover the entire forest area of the area, with the provision for funding.

e) Regulation of uses that may give rise to the risk of forest fires. "

Sixty-three. Article 50 (1) shall be read as

:

" 1. The autonomous communities must ensure the conditions for the restoration of the forest land set on fire, and it is prohibited:

a) Change of forest use for at least 30 years.

(b) Any activity incompatible with the regeneration of the plant cover during the period determined by the autonomic legislation.

With a singular character, the autonomous communities may agree to exceptions to these prohibitions provided that, prior to the forest fire, the change of use was foreseen in:

a) A previously approved planning instrument.

b) An instrument of planning pending approval, if it has already been the subject of a favorable environmental assessment or, if it is not required, if it has already been submitted to the public information procedure.

c) An agroforestry policy guideline that provides for the extensive agricultural or livestock use of non-tree-lined mountains in the state of abandonment.

In addition, the autonomous communities may also agree to the change of forest use when compelling reasons of public interest are of the first order that must be assessed by law, provided that take the necessary compensatory measures in order to recover a forest area equivalent to that burned. Such compensatory measures shall be identified prior to the change of use in the law itself together with the provenance of the change of use.

In the event that these overriding reasons correspond to a general interest of the Nation, it will be the state law that determines the need for the change of forest use, in the cases and under the conditions indicated. in the preceding paragraph.

In no case will this exception be appreciated with respect to scheduled mounts. "

Sixty-four. Article 50 (2) is worded as follows:

" 2. The competent authority of the autonomous community shall lay down measures for the removal of burnt wood and for the restoration of the plant cover affected by the fires which, in any event, shall include the temporary use of those fires. (i) any use or activities which are incompatible with their regeneration for a period of more than one year, except for the lifting of the approval of the said organ. '

Sixty-five. Article 52 is worded as follows:

" Article 52. Protection of mountains against harmful agents.

1. Without prejudice to the provisions of Law 43/2002 of 20 November 2002 on plant health, the protection of forests against harmful agents must preferably be preventive by means of appropriate selvicultural techniques, the use of biological agents that prevent or slow the increase of populations of harmful agents and the application of integrated control methods.

2. The autonomous communities shall take the necessary measures to monitor, locate and extinguish incipient outbreaks of pests, and shall inform the forest owners of the affected area and the competent authority of the General Administration. the general health of the Spanish mountains may be affected by the State.

3. The Spanish Forest Strategy, the Spanish Forest Plan, the Forest Resource Management Plans, the Common Basic Guidelines for Sustainable Forest Management, the Management Projects, the Dasochratic Plans and any other action The planning referred to in this law shall include provisions for the prevention and control of pests and diseases, with particular attention to the risks of emerging pests. "

Sixty-six. Article 54 is worded as follows:

" Article 54. Forest genetic resources.

1. The Ministry of Agriculture, Food and the Environment will develop and manage, in collaboration with the autonomous communities, national programs that promote genetic improvement and conservation of forest genetic resources. as the instruments necessary for its development, and in particular the provisions of the Spanish Strategy for the Conservation and Sustainable Use of Forest Genetic Resources.

2. The Government, consulted by the Autonomous Communities and on a proposal from the Ministry of Agriculture, Food and the Environment, will establish the basic rules on the conservation and sustainable use of forest genetic resources and on production, marketing and use of forest reproductive material.

3. The Government, consulted by the Autonomous Communities and on a proposal from the Ministry of Agriculture, Food and the Environment, will determine the regions of origin of the forest reproductive material and, in particular, maintain the Register and the National Catalogue of Base Materials. "

Sixty-seven. The heading of Chapter V is worded as follows:

" CHAPTER V

Access to the mounts

Sixty-eight. Article 54a is worded as follows:

" Article 54a. Public access.

1. Public access to the mountains shall be subject to regulation by the competent public authorities.

2. The autonomous communities shall define the conditions under which the movement of motor vehicles is permitted by forest tracks located outside the road network and through forest land, outside the existing vials for that purpose.

3. In no case may the circulation be limited in the pass-through easements for agroforestry management and the surveillance and fire extinguishing tasks of the competent Public Administrations.

4. Access by persons other than surveillance, extinction and management may be limited in the areas of high fire risk provided for in Article 48, where the risk of fire so advises, making this end visible in a visible manner. "

Sixty-nine. Article 55 is worded as follows:

" Article 55. Forest research.

1. The General Administration of the State, through the Spanish Strategy of Science and Technology established by Law 14/2011 of 1 June, of Science, Technology and Innovation, will identify and incorporate in its action programmes the demands for forest research from the Public Administrations and the productive sectors, as well as the instruments needed to achieve the proposed objectives.

2. Public administrations will encourage forest research and in particular promote:

a) The technological transfer of the results of the Forest Research to the bodies responsible for planning and managing public and private mountains.

b) Innovation and the development of new methods of sustainable forest management.

c) The overall coordination of forest research, establishing the necessary mechanisms for the best use of all available resources and means, the exchange of information, the creation of thematic networks permanent national and international character and the creation and maintenance of harmonised databases.

(d) Cooperation in forestry between institutes, research centres, technology centres and universities, both public and private and public bodies and private organisations responsible for management forest of the mountains, in particular through the link in the form of networks between the different institutions involved.

3. The information and results of the research programmes and projects implemented with public funding required for the preparation of the Spanish Forest Information referred to in Article 28 shall be integrated into this. To this end, the responsible research institutions will provide this information to the Ministry of Agriculture, Food and the Environment and to the Autonomous Communities. "

Seventy. Article 58 is worded as follows:

" Article 58. Extension, police and forest nursery.

1. Public administrations, in the field of their competences, shall, inter alia, carry out the following functions of extension, policing and forestry:

(a) Police, custody and monitoring for compliance with applicable forest regulations, especially those for the prevention, detection and investigation of the causes of forest fires, issuing the reports relevant technicians.

b) Optional advice on forest extension and management and nature conservation tasks.

Officials who perform these functions will have the specific training that enables them to develop correctly.

2. In order to promote the tasks referred to in paragraph 1 (b), the forest administration may enter into agreements with the representative social partners.

3. Officials who perform administrative duties of forest administrative police, by legal or delegation assignment, have the status of officers of the authority. The facts established and formalised by them in the relevant inspection and complaint acts shall be presumed to be certain, without prejudice to the evidence that the persons concerned may contribute in defence of their respective rights and interests.

In the exercise of these functions, they are entitled to:

(a) To enter freely at any time and without notice in the places subject to inspection and to remain in them, with respect, in any case, to the inviolability of the domicile. When carrying out an inspection visit, they shall communicate their presence to the inspected person or their representative unless they consider that such communication is likely to impair the success of their duties.

b) Proceed to practice any act of investigation, examination or test that they deem necessary to verify that the legal provisions are correctly observed.

In particular, they may take or take samples of substances and materials, make measurements, obtain photographs, videos, recording images, and raise drawings and drawings, provided that the holder or his representative is notified, except in cases of urgency, where the notification may be made at a later date.

4. In the exercise of their functions as a generic Judicial Police, they will be limited to carrying out the first measures of prevention, in accordance with the provisions of the regulations of the Judicial Police and in accordance with the provisions of the article 284 of the Criminal Prosecution Act.

When they have knowledge of fact that they could be constitutive of crime, they must be brought to the attention of the judicial authority or the Prosecutor's Office, through the procedure that determine the organs in whose structure are integrated and in accordance with the provisions of the Criminal Procedure Act.

In the exercise of the functions referred to in this paragraph, the Forest Agents shall provide assistance and collaboration to the Security Forces and Forces at all times, in accordance with the provisions of Article 4 of the Law Organic 2/1986, of March 13, of Forces and Security Corps. "

Seventy-one. Article 61 is worded as follows:

" Article 61. Cooperatives, businesses and forestry industries.

1. The autonomous communities will create records of cooperatives, businesses and forestry industries, both of the enterprises that carry out work or of forest exploitation in the mountains and of the forest industries, including in those of the mountains, plate, board, paste, paper, and cork, resin, biomass, oils, pinion, chestnut, mushrooms, and truffles as well as any other forest use.

2. The National Register of Cooperatives, Enterprises and Forest Industries is created. The autonomous communities shall forward to the Ministry of Agriculture, Food and the Environment information on the seats produced in their registers in accordance with the previous paragraph, in order to prepare and maintain the register of the register. National.

The National Register will be informative and will depend on the Ministry of Agriculture, Food and Environment, through the Directorate General for Rural Development and Forestry Policy. Their organisation and operation shall be established regulatively.

3. Cooperatives, enterprises and forestry industries shall provide, for statistical purposes, the data relating to their activities, in particular, the production, processing and marketing of their forest products on an annual basis. This information will be integrated into the Spanish Forest Information through collaboration mechanisms between the Ministry of Agriculture, Food and the Environment and the other organs of the competent administrations. "

Seventy-two. Article 62 is worded as follows:

" Article 62. Interbranch organisations of forest products.

The Ministry of Agriculture, Food and Environment will promote the creation of interbranch organizations in the forestry sector. The legal status of the interbranch organisations of forest products will be laid down in Law 38/1994 of 30 December, regulating the agro-food interprofessional organisations, and the regional regulations on the matter. "

Seventy-three. Article 63 is worded as follows:

" Article 63. General provisions.

1. The incentives referred to in Articles 64 to 66, when financed from the General Budget of the State, shall be applied with priority to the ordered mountains of both private ownership and local entities, and for the protectors and catalogued, in terms that are set.

2. Administrations will facilitate the development of market-based instruments to effectively address the conservation and improvement of natural assets or the services they provide.

3. Priority will be given to the implementation of management projects, dasocratic plans or other equivalent management instruments in the private and public non-scheduled mountains. Unordered mounts included in a PORF will be able to access incentives when this is enabled in that plan.

In access to forest fire prevention grants, when funded from the State's General Budget, priority will be given to those who are located in a high-risk area. fire with a fire protection plan in force in accordance with Article 48. "

Seventy-four. Article 65 (2) is worded as follows:

" 2. For these incentives, the following factors will be taken into account:

(a) The conservation, restoration and improvement of biodiversity in ecosystems and forest and landscape species according to the measures specifically adopted for this purpose.

b) The fixation of carbon dioxide in the mountains as a measure of contribution to climate change mitigation, depending on the amount of carbon fixed in the forest biomass of the mountain, as well as the energy recovery of its exploitable forest biomass.

c) The conservation of soils and the hydrological regime in the mountains as a measure to combat desertification, depending on the extent to which the plant cover and the selvicultural practices contribute to reducing the loss or degradation of soil and the improvement of surface and underground water resources.

d) Improving air quality and reducing noise. "

Seventy-five. Article 65 (3) is worded as follows:

" 3. Public administrations will be able to provide these incentives in the following ways:

a) Subsidy to the owner of the work aimed at sustainable forest management.

b) Establishment of a contractual relationship with the owner or holder of the management of the mountain, or of any use, provided it is planned.

c) Direct investment by the Administration. "

Seventy-six. A new wording is given to points (a), (c), (g), (h), (j), (k), (l), (n), (o) and (p) of Article 67, which are worded as follows:

"a) Change of forest use or performance of activities against forest use, without authorization."

" (c) The short, burning, grubbing-up or inuse of tree species or tree species, except exceptional cases which are uniquely authorised or are explicitly provided for and controlled in the relevant field. instrument of administrative intervention for management, authorisation, responsible declaration or notification and justified on grounds of management of the mountain. '

"g) afforestation or reforestation with reproductive material that does not comply with the requirements laid down in the legislation in force in this field."

" (h) The performance of forest use without administrative authorisation or responsible statement of the holder and, in general, the performance of any unauthorised or notified activity, where such requirements are mandatory, as well as the failure to comply with the provisions governing the enjoyment of forest exploitation. "

"(j) The grazing or permanence of cattle in the mountains where it is prohibited or in violation of the rules established for the purpose by the forest organ of the autonomous community."

" (k) Transit or permanence on roads or forest areas where there is an express prohibition in this respect, or in breach of the conditions to be established, as well as the movement with motor vehicles through land off roads, roads, tracks or any infrastructure used for that purpose, except where it has been expressly authorised. '

" (l) Any serious non-compliance affecting the normal development of the mountain, the content of the project for the management of mountains, the dasocratic plans of mountains or plans for use, or other management instruments equivalent, inter alia, to the commitments of accession to forest management models, as well as their corresponding authorisations, without justified technical cause and notified to the forest organ of the autonomous community for approval. '

"n) Unauthorized dumping or abandonment of waste, materials or products of any nature on forest land."

" o) The manifest lack of collaboration or obstruction by action or omission of the actions of investigation, inspection and control of the Public Administrations and their agents, in relation to the provisions of this law and of its implementing rules. "

"p) Failure to comply with the obligations of information to the Administration by private individuals, as well as their concealment or alteration."

Seventy-seven. A new point (r) is added to Article 67, which is worded as follows:

" (r) Failure to comply with the obligations imposed by Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place on the market wood and wood products, as regards:

1. The marketing of non-legally harvested wood and its derived products.

2. The absence of maintenance and evaluation of a due diligence system, either individually or through a monitoring entity.

3. The absence of collaboration with the competent Administration in the controls performed by the competent Administration.

4. The non-adoption of corrective measures issued, where appropriate, by the competent authority following the completion of the relevant control.

5. The failure to comply with the obligation to trace and preserve this information to which traders are subject. "

Seventy-eight. Article 68 is worded as follows:

" Article 68. Classification of the infringements.

1. These are very serious violations:

(a) The offences referred to in paragraphs (a) to (n) of the previous Article, where the facts of the infringement have caused damage to the mount with replacement costs equal to or greater than 1,000,000 euro or Repair or restoration period is longer than 10 years.

(b) The offence referred to in paragraph (n) of the previous article, where the alteration of signs and mojones prevents the determination on the ground of legally established linds.

(c) The offences referred to in paragraph (r) of the previous Article, where the value of the timber subject to non-compliance shall exceed EUR 200,000.

d) The recidivism, understanding that the offender has committed a minor, serious or very serious infringement within one year if it is mild, two years if it is serious and five years if it is very serious, counted since the firm sanctioning resolution.

2. These are serious violations:

(a) The offences referred to in paragraphs (a) to (n) of the previous Article, where the facts of the infringement have caused damage to the mount with replacement costs equal to or greater than EUR 10,000 and less than EUR 1,000,000 or whose repair or restoration period is less than 10 years and more than six months.

(b) The offence referred to in paragraph (n) of the preceding article, where the alteration of signs and mojones does not prevent the identification of the actual boundaries of the unlinedpublic mount.

c) The violation typed in the paragraph (o) of the previous article.

(d) The offences referred to in paragraph (r) of the previous Article, where the value of the timber subject to non-compliance is equal to or less than EUR 200,000 but greater than EUR 50,000.

e) Failure to comply with the obligations set out in sub-paragraphs 2., 3., 4. º and 5. of paragraph (r) of the previous article.

f) The recidivism, understanding that the offender has committed a minor, serious or very serious infringement within one year if it is mild, two years if it is serious and five years if it is very serious, counted since the firm sanctioning resolution.

3. They are minor infractions:

(a) The offences referred to in paragraphs (a) to (n) of the previous Article where the facts of the infringement have not caused damage to the mountain or where, having damaged, it has a replacement cost of less than EUR 10,000 or the time limit for repair or restoration does not exceed six months.

(b) The offences defined in paragraphs (p) and (q) of the previous article.

(c) The offences referred to in paragraph (r) of the previous Article, where the value of the timber subject to non-compliance does not exceed EUR 50 000.

4. In all cases of infringements listed in paragraph (r) of the preceding Article, the comiso of the goods placed on the market which constitute the object of the infringement shall be punishable by access, which shall be put into public auction. "

Seventy-nine. Article 74 is worded as follows:

" Article 74. The amount of penalties.

The violations typified in this title will be sanctioned with the following fines:

a) The minor infractions, from 100 to 1,000 euros.

b) Serious violations, from 1,001 to 100,000 euros.

(c) The very serious infringements, from 100,001 to 1,000,000 euros, except that the amount of wood unduly marketed, or twice the cost of replenishing the damage caused, is higher than one million euros. In this case, the penalty shall be equal to the greater amount. "

Eighty. Article 75 (a) is deleted.

Eighty-one. Article 77 (3) is worded as follows:

" 3. Compensation may also be required in cases where the economic benefit of the offender is higher than the maximum penalty provided. This allowance shall not exceed twice the amount of such benefit and in the case of declared public utility amounts shall be entered into the improvement fund as set out in Article 38. "

Eighty-two. Article 80 (1) is worded as follows:

" 1. The penalties imposed by the commission of very serious faults shall be prescribed at five years, while those imposed for serious or minor faults shall be imposed at two years and each year, respectively. "

Eighty-three. Paragraph 1 of the first provision is worded as follows:

" 1. The consortia and repopulation agreements covered by the legislation which is repealed in the single derogation provision of this law shall continue to be in force until the date of their finalisation, without prejudice to possible extensions agreed in the contracts. "

Eighty-four. The fourth additional provision is worded as follows:

" Additional provision fourth. Energy use of forest biomass.

The Government will, in collaboration with the Autonomous Communities, develop a strategy for the development of the energy use of forest biomass, in accordance with the objectives set out in the Renewable Energy Plan in Spain. "

Eighty-five. The fifth additional provision is worded as follows:

" Additional disposal fifth. Forest societies.

1. Forest society is defined as a group of owners of land-use plots that give forest use rights to the Forest Society indefinitely or for a period of 20 years or more.

2. Other natural or legal persons who are not the holders may also belong to the Forestry Society, provided that their participation does not exceed 49% of the social contributions.

3. In the case of transmission of parcels, the automatic subrogation of the partner position of the new holder shall be presumed, unless otherwise agreed.

4. The autonomous communities shall determine, in the field of their competence, the additional requirements to be met by these companies, the name they shall have and the incentives to which they shall enjoy.

5. These forest societies shall have as their sole social object the exploitation and exploitation of forest land, the use of which is given to society, to be carried out through sustainable forest management.

6. The Forest Societies will be governed by the recast text of the Capital Companies Act, approved by the Royal Legislative Decree 1/2010 of 2 July.

7. The special tax arrangements laid down in Chapter VII of Title VII of Law 27/2014 of 27 November 2014 on the tax on companies shall apply to the operations of the disposal of forest-use rights referred to in paragraph 1. of this provision in exchange for securities representing the social capital of the acquiring forest company. '

Eighty-six. Paragraph 1 of the eighth additional provision is worded as follows:

" 1. The right of passage may be established and temporary occupations shall be authorised in forests of the public forest domain, motivated by National Defence interest, in accordance with the procedure and time limits to be determined. '

Eighty-seven. The additional 10th provision is worded as follows:

" Additional Disposition 10th. Introduction to the timber market and timber products.

1. The Public Administrations will cooperate in the field of their competences to ensure the legality of the wood and products derived from the market in Spain, and thus to comply with the Community legislation in this field, derived from the Plan on Implementation of the Forest Law, Governance and Trade of the European Union.

2. Within the scope of Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down obligations for operators who place timber and timber products on the market, agents who opt for a system Individual to exercise due diligence shall be required to present a responsible statement to the competent authority. The minimum content of this responsible statement shall be established. Failure to submit this declaration shall constitute a minor infringement for the purposes of Title VII. "

Eighty-eight. The additional eleventh provision is worded as follows:

" Additional Disposition 11th. Environmental assessment.

Whenever in this law any activity, use or use is submitted only to a responsible notification or declaration and such activity is subject to environmental assessment by Law 21/2013, 9 of December, environmental assessment, or environmental assessment legislation of the autonomous community where it is to be carried out, shall be as directed in Article 9.2 of that law and other provisions of agreement. "

Eighty-nine. A new additional provision is added in the following form:

" Additional Disposition 12th. Promotion of the Forestry Industry.

Article 5.3 of Law 21/1992, of July 16, of Industry, is amended, adding among the objectives of the programs of industrial promotion, a new one with the following content:

i) The promotion of renewable natural resource transformation industries, and specifically those that use forest resources as a raw material. "

Ninety. A new additional provision is added, which is worded as follows:

" Additional Disposition thirteenth. Deduction in Corporate Tax on the expense and investments of forest societies.

The forestry companies referred to in the fifth additional provision of this Law will be entitled to a deduction in the full share of the Company Tax of 10 percent of the expenses or investments they make in the tax period for the conservation, maintenance, improvement, protection and access of the mountain.

This deduction shall be subject to the limits and conditions laid down in Article 39 of Law 27/2014 of 27 November of the Company Tax, together with those indicated therein. "

Ninety-one. The second transitional provision is worded as follows:

" Second transient disposition. Deadline for the sorting of mounts.

Those who have an obligation under Article 33 to have a forest management instrument shall have a period of 25 years from the date of entry into force of this law in order to provide them. "

Ninety-two. The third transitional provision is worded as follows:

" Transitional provision third. Economic incentives in unordered mounts.

For a period of 15 years from the date of entry into force of this law, the owners of unordered mountains may benefit from the incentives referred to in Article 63, and may be the subject of a grant or credit. drawing up of the relevant forest management instrument. This period shall be refused on its own initiative any incentive as long as it is not provided with a management instrument or, where appropriate, and as provided for in Article 63.3, it shall be included in a PORF.

If a change of ownership occurs during this period, the deadline for the new owner will start counting from the time of the transmission. "

Ninety-three. The fourth transitional provision is worded as follows:

" Transitional provision fourth. Montes declared of public utility prior to this law.

For the purposes of the provisions of Article 16 and concordant, all public utility montes are considered to be included in the Public Utility Mountains Catalogue prior to the entry into force of this Agreement. law. "

Ninety-four. The first disposition is deleted.

Ninety-five. Paragraph 3 of the second final provision is worded as follows:

" 3. The following provisions and provisions are laid down under the jurisdiction of the State:

(a) Articles 18 (1) and (2), (19), (22), (25) and (27) (a), which are issued pursuant to Article 149.1.8. of the Constitution, which confers exclusive jurisdiction on the State in matters of civil law, without prejudice to the conservation, modification and development by the autonomous communities of civil, foral or special rights, where they exist.

(b) Articles 18.3 and 18a are given in accordance with Article 149.1.8. of the Constitution which gives the State exclusive competence in the field of the management of registers.

c) Chapter I of Title V, with the exception of Article 56.1, is made under Article 149.1.15. of the Constitution which confers exclusive competence on the State in the field of the promotion and general coordination of research scientific and technical.

(d) The ninth additional provision is made under Article 149.1.14. of the Constitution, which confers on the State exclusive competence in the matter of the General Finance and Debt of the State. "

Additional disposition first. References.

1. All the references that Law 43/2003, of 21 November, of Montes, makes to the Ministry of the Environment and to the Ministry of Agriculture, Fisheries and Food, will be understood replaced by reference to the Ministry of Agriculture, Food and Environment.

2. All references that Law 43/2003, of 21 November, of Montes, makes to the "Forest Authority" or "Forest Administration" shall be understood as replaced by "Body competent in forestry".

Additional provision second. Application of direct aid from the common agricultural policy in Spain.

1. The direct payments provided for in Article 1 of Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December establishing the rules applicable to direct payments to farmers under the schemes of aid falling within the framework of the common agricultural policy and repealing Council Regulations (EC) No 637/2008 and (EC) No 73/2009, shall apply in accordance with common criteria established at national level for the entire territory.

2. The Government is enabled, in order to ensure that it develops the provisions laid down in this Article, in accordance with the provisions of Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December establishing, as well as the forecasts for direct payments provided for in Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy, in (a) the integrated management and control system set out in Chapter II of Title V and the cross-compliance system set out in Title VI of that Regulation.

Additional provision third. Change of denomination of the Corps of Agronomists and the Corps of Engineers of Montes.

The Corps of Agricultural Engineers and the Corps of Engineers of Montes, become the Corps of Agricultural Engineers of the State and Corps of State Montes Engineers.

Both bodies will maintain their organic membership to the Ministry of Agriculture, Food and Environment, as well as the classification in the A1 subgroup of those established in Article 76 of Law 7/2007, of April 12, of the Basic Status of Public Employee.

Additional provision fourth. Hunting and fishing.

1. The Ministry of Agriculture, Food and the Environment, with the participation of the autonomous communities, will develop a National Strategy of Cinegetical Management that constitutes the guiding and coordinating framework for the management at scale national of the use of cinenetic. It will be approved by the Sectoral Conference on Agriculture and Rural Development and the Autonomous Communities may refer to it in their specific legislation.

2. For information purposes, the Spanish Register of Hunting and Fishing Offenders is created. The autonomous communities shall forward to the Ministry of Agriculture, Food and the Environment information relating to the seats produced in their respective records of hunting and fishing offenders, including those relating to the suspension and termination of the validity of the licences, in particular the derivatives of criminal offences and of a sanctioning procedure, in accordance with the provisions of the Organic Law 15/1999 of 13 December on the Protection of Data of Character Staff.

Additional provision fifth. Rules of operation of the Tajo-Segura transfer.

1. On the basis of joint stock in Entrepenas and Buendía at the beginning of each month, the following monthly levels are established on the basis of which the transfer will be agreed, with a total annual maximum of 650 hectolitres In each hydrological year (600 for the Segura and 50 for the Guadiana):

Level 1. It shall be given when joint stock in Entrepenas and Buendia is equal to or greater than 1,500 cubic hectolitres, or where the incoming joint contributions to these reservoirs in the last 12 months are equal to or greater than 1,000 hectolitres. cubic. In this case the competent authority shall authorise a monthly transfer of 68 hectolitres up to the annual maximum referred to above.

Level 2. It will be given when joint stock of Entrepenas and Buendia is less than 1,500 cubic hectolitres, without reaching the volumes foreseen in Level 3, and the joint contributions recorded in the last 12 months are less than 1,000 cubic hectolitres. In this case the competent authority shall authorise a monthly transfer of 38 cubic hectolitres, up to the annual maximum referred to above.

Level 3. Exceptional hydrological situations will occur when the joint stock in Entrepenas and Buendia does not exceed, at the beginning of each month, the values to be determined by the current Tagus hydrological plan. The Government, by means of the actual decree provided for in this paragraph, shall establish for level 3 the maximum monthly transfer which the competent authority may authorise discretionally and in a reasoned manner, as well as the monthly values before referred to, level 3 defining, with the single target indicated later.

Level 4. This situation will be given when joint stock in Entrepenas and Buendia is less than 400 cubic hectolitres, in which case no transfer is necessary.

With the sole aim of providing more stability to supplies on a year-over-year basis, minimizing the presentation of exceptional hydrological situations referred to in Level 3, without changing the annual maximum of Water transportable, on a justified proposal from the competent Ministry in the field of water, and after a favourable report of the Central Commission for the exploitation of the Tajo-Segura Aqueduct, may be modified, by royal decree, both the volume of stocks and the cumulative contributions referred to at level 1, such as monthly transfers corresponding to levels 1, 2, 3 and stock volumes for each month corresponding to level 3. In this royal decree, the criteria for the prediction of contributions for the application of the rule will be defined in multi-dimensional horizons.

For the purpose of promoting the development of the coastal municipalities, the system will be exploited in such a way that the volume of transfer already authorised and pending application is preferably maintained in the head reservoirs, rather than in the other storage in transit or destination, provided that such operation is compatible with a rational and integrated management of the joint system.

Except in catastrophic or extreme situations duly motivated, which prevent the dispatch of water, if the approved volumes provided for in levels 1 and 2 have not been transferred within the authorised time limit, transfer within three months of the end of the authorisation period, unless a level change occurs.

The resources of which the transfer has already been authorized may be used by its users throughout the hydrological year, until the end of the year. Where at the end of the hydrological year there is an available volume of water transferred in the receiving basin, it will be the subject of a new distribution, being considered as a usable resource for the uses of the transfer to the following hydrological year.

The volumes whose transfer has been authorized will be distributed between supplies and irrigation, in the proportion of 25 percent for supply and the remaining 75 percent for irrigation, up to the maximum of its allocations. annually, and always ensuring at least 7,5 hectolitres per month for urban supplies.

2. The Central Commission for the exploitation of the Tajo-Segura Aqueduct will authorize transfers when the hydrological conditions of Levels 1 and 2 are met, and the Minister who has the powers in the field of water, prior to this report Commission, where the conditions of Level 3 are met. In the case of levels 1 and 2, the approval of the transfers shall be carried out preferably by semesters, whereas in the case of level 3 it shall be carried out preferably by quarters, unless the competent body justifies in any of the levels the use of different timeframes.

3. Prior to the first meeting of the hydrological year of the Central Commission for the exploitation of the Tajo-Segura Aqueduct, and in any case, before the first authorization of the transfer, exclusively at levels 1 and 2, the General Directorate of the For consideration by the Central Commission of Exploitation for the purposes of the authorizations, water shall draw up a report justifying the water needs in the areas and supplies affected by the Tajo-Segura transfer, which will cover the regables, to planned crops and, for supplies, to the estimated demands, as well as the existing regulatory possibilities for such flows.

This report will be prepared by the Directorate General for Water on the basis of the information on hydrological planning, and should be updated semi-annually, in accordance with the provisions of the Hydrological Planning Regulation, on monitoring of the hydrological plans.

Additional provision sixth. Natural Roads.

1. Natural Path is defined as the itinerary for a non-motorized, mainly pedestrian and cycling public use, which meets the following requirements:

a) Built by taking advantage of pre-existing public routes, such as old railway lines, cattle roads, real roads or riverside trails, among others.

b) primarily aimed at the realization of sports, cultural and recreational activities, such as hiking and cycling.

c) Located in the rural environment through its layout places with important natural, cultural, landscape or historical qualities, serving as an instrument for the value of these qualities of the territory.

d) To contribute to rural development by encouraging economic diversification through activities linked to the new tourist-recreational use.

e) Identified with a trademark, with graphic identity and self-signaling. They have standardized signage in terms of dimensions, materials, design criteria, typography, colors, etc., as defined in the Manual of Senalization of Natural Caminos, with the use of their logos and protected designations. the registered trade marks 'Natural Roads' and 'Natural Non-motorised Routes'.

2. The National Network of Natural Roads will be integrated by Natural Caminos that meet the requirements that are defined as regulations. Your goals are:

(a) Promoting environmentally friendly and low-carbon transport systems, promoting sustainable urban and urban mobility and hence the quality of life and health of the population.

b) Develop rural, environmental and cultural tourism.

(c) Promote the socio-economic development of the area of activity, by strengthening and diversifying economic resources, promoting employment and the settlement of the population in rural areas.

d) Define the maintenance and conservation strategy of the National Natural Highway Network.

e) Evaluate the demand for the itineraries to improve the plotted already executed.

3. The natural paths included in the National Natural Roads Network may be:

(a) Basic itineraries: long-haul routes, which form part of one of the interterritorial and/or cross-border vertebrate axes defined in the Plan Director of the National Highway Network Natural,

(b) Secondary itineraries: drawn up which, without belonging to those of a basic nature, may give them continuity, allow the connection between roads already built or enable access to places of environmental interest or cultural.

4. In the field of natural roads, the Ministry of Agriculture, Food and Environment is responsible for the following functions:

a) Exercise the supervision and coordination of the National Natural Roads Network.

b) Develop the Director Plan of the National Natural Roads Network as its main instrument of planning and development, the approval of which will be carried out through the agreement of the Council of Ministers.

c) Decide on the inclusion of new itineraries in the National Network of Natural Roads. Also decide on the exclusion of any of them.

d) Run the works and maintain the natural roads promoted by the Ministry of Agriculture, Food and Environment.

e) To assume the execution of the works of the Natural Roads of new incorporation to the Network, except for different agreement with the competent administrations.

f) Manage the trademark "Natural Roads" and "Natural Non-motorized Routes".

g) Conduct the monitoring and evaluation of the National Network of Natural Roads, in particular with regard to the proper maintenance of natural roads by the sponsoring administrations.

h) Determine, in collaboration with the competent authorities, the layout and design of the natural paths to be included in the Network.

i) Favour agreements for rural development in areas where Natural Roads are located.

j) Represent Spain in equivalent international networks.

k) Establish the operating model with the rest of the competent territorial administrations.

5. The Natural Roads may be built on the initiative of the Ministry of Agriculture, Food and Environment or at the request of other territorial administrations.

6. In the construction of natural roads defined above as basic, the Ministry of Agriculture, Food and the Environment may act directly, or through the subscription of appropriate collaboration agreements. with the territorial administrations concerned for the works.

7. In order to carry out the actions corresponding to those laid down above as a secondary one, the State Administration may request the declaration of general interest of the same or use the ordinary procedure of grant of subsidies in kind provided for in Law 38/2003 by way of processing under competitive competition.

8. The Ministry of Agriculture, Food and Environment will be able to agree on the incorporation of other routes built by other administrations to the National Network of Natural Roads.

9. The requirements and procedures for the action of the Ministry of Agriculture, Food and the Environment in the construction of natural roads of a basic character and those of a secondary nature will be determined.

Single transient arrangement. Transitional regime of the amendment of Law 10/2001 of 5 July of the National Hydrological Plan.

The application of the additional provision of Law 10/2001, of July 5, regulating the National Hydrological Plan, will be staggered in time according to the following requirements:

1. The introduction of the new reference level of 400 cubic hectolitres for the definition of a transfer of surplus in the Tagus heading will follow a transitional regime so that this new level will be reached at most in five years according to the next procedure.

2. On the date of entry into force of the new Tagus hydrological plan, drawn up under the Water Framework Directive, the level will be raised to 32 cubic metres, and will be raised by additional steps of 32 cubic hectolitres on 1 January each successive year, up to 400 hectolitres final. Similarly, the definition curve for exceptional hydrological situations shall be raised in a staggered and simultaneous manner at the corresponding reference levels, until the final curve is reached.

3. If at the start or at any time of the transitional period a level of packed stocks of 900 cubic hectolitres were reached, both the new reference level of 400 cubic hectolitres and the exceptional conditions curve would enter in effect immediately.

4. The Central Committee for the exploitation of the Tajo-Segura Aqueduct will ensure the application of these criteria and will resolve any incidents that may arise during the transition period.

Repeal provision.

1. The additional provision of Law 11/2005 of 22 June 2005 amending Law 10/2001 of 5 July 2001 on the National Hydrological Plan is hereby repealed.

2. Royal Decree 773/2014 of 12 September, approving various regulatory standards for the transfer of the Tajo-Segura aqueduct, will remain in force.

Final disposition first. Amendment of Law 52/1980 of 16 October of the economic regime for the exploitation of the Tajo-Segura aqueduct.

The last paragraph of the additional provision of Law 52/1980, of 16 October, of the economic regime of the exploitation of the Tajo-Segura aqueduct is modified, which happens to have the following wording:

" On the other hand, if lower losses occur, the additional resources generated will be distributed by seventy percent for irrigation, in proportion to those areas eligible for irrigation, while the remaining 30 percent will be distributed. will be allocated for supplies from the province of Almeria. "

Final disposition second. Amendment of Law 10/2001 of 5 July of the National Hydrological Plan.

One. The third additional provision is amended, which is amended as follows:

" As for the water transfers approved from the head of the Tagus, all stocks packed in the Encropenas-Buendia assembly that exceed 400 cubic meters will be considered surplus water. Below this figure, no transfers can be made in any case.

This minimum volume may be revised in the future in accordance with the effective variations in the demands of the Tagus basin, in accordance with the principles of efficiency and sustainability, in order to guarantee (a) its preferential status, and it is ensured that transfers from the head can never be a limit or impediment to the natural development of that basin. "

Two. A new additional 15th provision is introduced, with the following wording:

" Additional Disposition 15th.

It will be carried out as a matter of urgency, and according to criteria of feasibility, the works provided for in the Annex to the National Hydrological Plan that have not yet been executed and that allow Castilla-La Mancha to use the Ta-Segura transfer infrastructure, as well as the corresponding resources assigned and reserved. "

Final disposition third. Amendment of Law 8/2003 of 24 April on animal health in respect of health measures in the form of non-animal species.

An article 16a is added to Law 8/2003 of 24 April of animal health, which is worded as follows:

" Article 16a. Health actions in non-ethical species.

With the aim of ensuring the good health status of the hunting species and to prevent the transmission of diseases between them or domestic livestock:

1. All farms producing hunting species must comply with the health requirements that are legally established. The movement of animals from these holdings shall also be regulated.

2. The requirements for animal health shall be laid down in accordance with the requirements laid down in Title II for the various fields of both the use of hunting and the special arrangements referred to in Title II. These requirements shall include, in particular, surveillance systems to detect the presence of diseases and actions which in the event of risk of transmission shall be addressed both by the competent authorities and by the competent authorities. responsible or managers of the land. "

Final disposition fourth. Amendment of the Law of 11 June, amending Law 16/2002, of July 1, of integrated prevention and control of pollution and Law 22/2011, of July 28, of contaminated waste and soils.

The second final provision of the Law of 11 June of 11 June amending Law 16/2002 of 1 July on integrated prevention and control of pollution and Law 22/2011 of 28 July on waste and the amending of the Law on the contaminated soils, which shall be worded as follows:

" Final Disposition Second. Authorisation to draw up a recast text in the field of integrated pollution prevention and control.

The Government is authorised to draw up and approve, by 31 December 2016, a recast text in which the Law 16/2002 of 1 July of 1 July on prevention and control is integrated, duly regularised, clarified and harmonised. integrated pollution, and the provisions on industrial emissions contained in standards with a range of law. "

Final disposition fifth. Budgetary impact.

The measures included in this standard will not entail any cost and will be carried out with the personal, material and technical means available without increase of envelopes, remuneration or other personnel costs at the service of the General Administration of the State.

Final disposition sixth. Competency enablement.

The second and fourth additional provisions are issued under the exclusive jurisdiction of the State referred to in Article 149.1.13 of the Constitution, which confers on the State jurisdiction on the basis of and coordination of the overall planning of economic activity.

The third final provision is made under the exclusive jurisdiction of the State provided for in Article 149.1.13, 16. and 23. of the Constitution, which reserve the exclusive competence of the State in the field of bases and coordination of the overall planning of economic activity, general bases and coordination of health and basic legislation on environmental protection.

Additional provision sixth is made under the exclusive jurisdiction of the State provided for in Article 149.1.23. of the Constitution, which reserves the State exclusive competence in basic legislation on protection of the environment.

The fifth additional provision, the single transitional provision, the repeal provision, and the first and second final provisions are dictated by the provisions of Article 149.1.22. of the Constitution, which it attributes to the State exclusive competence on the legislation, management and granting of water resources and benefits when water flows through more than one Autonomous Community.

Final disposition seventh. Entry into force of the law.

This law shall enter into force three months after its publication in the "Official State Gazette".

Therefore,

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

Madrid, 20 July 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY