Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-8146
KING OF SPAIN
To all who see and hear.
Know: that the Parliament has approved and I hereby sanction the following law:
In 2003, the Parliament approved a new law on forests, Law 43/2003, of 21 November, Forestry, through which they proceeded to update the regulatory legal regime of space forest according to the new concept of environmental enshrined in the Spanish Constitution and the principles of sustainable forest management should inform management and conservation of the Spanish mountains.
Subsequently approved by Law 10/2006 of April 28, a partial and very defined modification of the law in an even initial moment of the social process of adapting systems management of forests to the prescriptions collected in the new model of sustainable forest management.
Ten years after the adoption of the Forest Act, and based on their application, have detected some aspects should be improved; others, due to the further development of national or regional legislation should be adapted; and finally, others in whose development we must go further, both in terms of the text originally approved of the law as the first change made in 2006. Therefore, and in order to have the best possible instrument for sustainable management the Spanish forests, changes in the mentioned law 43/2003 of 21 November aspects are made, and also comply with the provisions of Constitutional Court rulings on challenges to many provisions of the law originally passed, mainly Constitutional Court ruling 49/2013 of 28 February, the Constitutional Court 84/2013, dated 13 April, and the recent judgment 97/2013 of 23 April, the appellants have been, respectively autonomous communities of Catalonia, La Rioja and Castilla y Leon.
A new feature is the consideration, as a new guiding principle of this law, of the mountains as green infrastructure, in line with the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions COM (2013) 249 final of 6 May 2013, called "green Infrastructure: improvement of the natural capital of Europe", as they constitute a provider of environmental services first-order natural systems.
In this modification delves into the interweaving of forest land as a very important part of the rural world, to which it belongs, and whose development must contribute actively. On the other hand, the essential balance between the three pillars of sustainable forest management, ie, economic, ecological and social perfected.
Also the concept of multifunctionality of the Spanish mountains, that is, its ability to meet simultaneously with several economic, ecological and social functions is recognized, including cultural (tangible and intangible), without any of them to the detriment of the others.
As for the scope of the law, it is determined that agricultural land temporarily devoted to crops of forest species will be subject to this law of mountains during this period, with all the features of the mountains, until the end the turn of use previously established where they can regain their former status as engaged in farming or ranching land.
As a novelty, in Article 7 of the powers that correspond to the General Administration of State from the current constitutional framework, of which stand out, among others, coordinating the development and adoption of guidelines on different systematizes aspects of the fight against forest fires and the deployment of state media to support the autonomous communities, whether both issues are developed in close coordination with the autonomous communities.
Also reflected in the law the jurisdiction of the State General Administration derivative of Regulation (EC) No 2173/2005 of 20 December 2005 on the establishment of a FLEGT licensing scheme (Application forest law enforcement, governance and trade) for imports of timber into the European Community. The implementation of this policy shall be based on the competence of each Administration, which is listed as a shared competence. The box closes shared powers with the inclusion of those aspects in conservation and management of fish and game resources that exceed the scope of an autonomous community, whose coordination should be exercised by the General State Administration.
As bodies coordination with the autonomous communities law gives the administration flexibility to adapt to the different structures that over time can acquire, forcing the definition and regulation thereof, in the field regulatory, much easier to change as circumstances go counseling. Therefore, the Sectoral Conference on Agriculture and Rural Development is maintained as a coordinating body, facilitating the configuration, functions and purpose of existing technical committees and necessary in the future through lower-level standards.
Similarly, retrieves the body of a forestry participation through the establishment of a National Forestry Council, whose specific functions, composition and operation will also be governed by the rules of procedure.
The law establishes a classification of forests into disjoint groups, first by title and then by their condition to a general interest which is the factor that determines the characteristics of management that should be. The special importance of these mountains, whether public or private, derived from the singular values that incorporate makes them creditors of a peculiarity that justifies the adoption of a regulation and a own, different for each title records, through which the administrations to ensure special protection and safeguards.
In this modification several aspects concerning expand, on the one hand, the use of public forests, which when proprietary generally subjected to an administrative concession, or can be public and thus free, but in any case it ordered, so should be seen in the instrument applicable management.
Provisions allowing the defense Forest Public Domain in what refers to possessory recovery, demarcation, pre-emption and pre-emption rights are strengthened. the regime inalienable,, inembargabilidad and lack of taxation is not modified.
Among private forests, the figure remains protective. Although the name persists, it redefined as those private forests that meet any of the conditions requires the public to be declared public utility, expanding therefore the concept and affecting mount a secondary to a public service, allowing preference in compensation for their positive externalities.
It is used to introduce a new Article 27a in place of the tenth additional provision, regulating the undivided pro mountains, characterized by the lack of identification of all community members. Under the name of mountains of partners a procedure known holders allow management to proceed avoiding the neglect and deterioration of the mountain, and waste of natural resources and simultaneously, clarify the ownership of the vacant quota is established.
general commitment planning as the best way to ensure sustainable forest management is simplified and this principle makes it possible for those mountains of small size, very common in our country, for which a management procedure or individualized technical plan is very costly and unapproachable by their owners or managers. Adhering to a type of forest management duly approved, including series of silvicultural measures applicable to the different types of mountain to the appropriate scale model, you can replace individual instruments provided that the autonomous communities permit, promoting forest management through instruments flexible, low-cost small mountains. Thus, the door opens to the autonomous communities to establish a number of model-type of forest management for each of the classes of the mountain they have in their territory and to consider that, for its size, its structural simplicity or for any other reason, they may be the subject of a very simple management plan. The headline writing adheres to one of those approved models is committed to follow what indicated in the model and its mount can be considered orderly. Obviously, the inspection services can see that actually the prescribed silvicultural actions are performed in the model on the ground that it is committed. At the same time, the legal obligation to have a project management, working scheme or equivalent to the mountains cataloged and protective instrument, due to forest or natural values they hold and that necessitate this specific instrument is limited. Similarly, the autonomous communities may extend this obligation to the mountains they see fit.
Prior authorization, or responsible declaration is preserved if it is short, for harvesting in forests that do not have any management tool and simply notice for those who have it shifts. All of them are obliged to notify after the use for statistical purposes. With this system it streamlines and simplifies the processing while forest planning is encouraged.
It is determined in this text that the procurement of forest, essentially different utilizations of concessions of use, should be governed in its general terms by the revised Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November, under the guise of special contracts, as they should be subject to forest sector legislation. For this reason, the Government is empowered to statutorily regulate the basic system of the contracts of works and forest services.
The voluntary, transparent and non-discriminatory already recognized forest certification in the previous text as a valuable tool for sustainable forest management that aims, ultimately, link trade of forest products to sustainable management of forests of they come and get the end user decant by products from forests planned and managed on a sustainable basis. In this modification the administrative procedure that would guarantee that the state provides about voluntariness, transparency and non-discrimination of certification schemes is eliminated.
In the modification introduced further states that public authorities try to control the legal origin of forest products, using all means to prevent the introduction into the European market through our country of timber and forest products whose origin it is not legal, in accordance with Regulation (EC) no 2173/2005 of 20 December 2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community and 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 timber and timber products are set.
Is maintained on the already difficult change of forest use in general, the express prohibition of change in use for 30 years in a burning field. However, an exception is added to land urgent cause of general interest of the first order that are prevalent on its forest character. This prevalence should be defined by a regulation having the force of law, which requires a process of public participation and a statement based on popular sovereignty. Finally, compensatory measures are required.
Access to the mountains and use of forest tracks, generally prohibited by the text of 2006, is now left to the decision of each autonomous community, which will legislate in any case if it is prohibited or allowed in general, it is authorized or prohibited in cases to be decided. In any case access to the vehicles involved in the management, step recognized easements and security services and fire fighting is guaranteed.
Along with these changes, in execution of a measure CORA (Committee for the Reform of Public Administration), the regime of forest officers and extension of administrative powers, police and forest rangers is modified.
Moreover, the National Register of Cooperatives, Companies and Forest Industries is created, not as a license or prerequisite to developing a corresponding activity, but with the character of instrument compliance traceability of forest products and due diligence should have the purpose of legality as well as a source of statistical information basis for forestry planning at regional and national level.
The application of the scheme of offenses and penalties of Law 43/2003 of 21 November, has been shown to have only poorly into account the time required for recovery of environmental damage as a factor of gravity, obviating the dimension of same. As a correction factor a measure of the importance of such damage as a modulator of the seriousness of the offense, is introduced so that both infringements occurring damage tardaren long time to recover, as they may cause very heavy damage-estimated by reposición- value is considered serious or very serious, depending on the case. This implies that this second factor, which in the previous wording was considered as an aggravating ceases to be, it should not be used twice in the classification of the offense. Gravity also affects recidivism less serious offenses.
A new offense is introduced in this chapter for violation of the provisions arising from the application of Regulation 995/2010 of the European Parliament and of the Council of 20 October on ensuring the legality of wood products and European legislation derivative question has legal reserve. Here the value of the timber placed on the market in contravention of the rules is what defines the severity of the offense.
To discourage the possibility that the penalty cost more than one operation, despite which it remains profitable, the factor that the penalty is the greater of the prescribed or twice the value of the damage caused is introduced is considered (or traded timber, which also confiscates), together with the obligation to repair the damage, so cases where nevertheless the infringement is profitable, are eliminated almost entirely.
With the idea of economically revive the forestry sector, in this case by grouping purposes mountains -and only these effects- management so that it can apply an economy of scale, forestry companies are defined, whose partners maintain all privileges except Sunday forest management, which is for a period to society in exchange for a share in the profits thereof.
In order to encourage groups of owners and improving the sustainability of the mountains, a deduction is set to income tax of forest companies 10 percent of the expenses and investments for the conservation, maintenance , improvement, protection and access Mount for Forestry companies created by this law, and at the same time and for the same purpose special deferral regime is established under the Act on Corporate Income Tax, in order to avoid taxation could exist at the time of completion of those transactions for which the forest use rights are transferred by the owners of plots susceptible to logging, forest company in exchange for shares in it.
In order to facilitate compliance with the provisions of Regulation 995/2010, the European Parliament and of the Council of 20 October, the validity of a declaration of responsibility is established, whose minimum content is governed by regulation, for compliance with the requirements under the second, also establishing the character of minor infringement of its omission. Similarly, and in order to homogenize the intensity and way of conducting inspections, the development of a National Inspection Plan in cooperation with the autonomous communities is established.
Finally, the observed low proportion of mountains with current planning instrument, are increased in ten years -a start from 2004- the time in which the mountains that have that obligation should have project management, working scheme , technical or equivalent, as well as the lack of such an instrument for the purposes of incentives. This extension is justified by changing conditions: are not the same mountains which must have such a plan, the existence of the possibility of such models of forest management that makes planning easier, but it will take a draw time. All this makes it advisable to establish an additional period for adapting the system of incentives for managed forests and accommodation to the legality of the mountains cataloged and protectors.
The law amending the Law 43/2003 of November 21, six additional provisions serve different purposes are also included: thus, the first is limited to update references to the correct name of the Ministerial Department.
Additional similar provision is also introduced second to the already contained in Article 120 of Law 62/2003 of December, administrative and social order fiscal measures, to ensure proper implementation of the aid 31 direct of the common Agricultural Policy in Spain, according to common criteria established at national level for the whole territory arising from the new Community framework contained in Regulation (EU) 1307/2013 of the European Parliament and of the Council of 17 December, the rules applicable to direct payments to farmers under support schemes under the Common Agricultural Policy are established, and 1306/2013, 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 integrated and control set out in chapter II of title V system management and compliance system established by title VI, and related provisions.
The procedure followed by the third additional provision to change the name of the bodies of agronomists and foresters, two of the oldest bodies of the administration, including specific mention of "the State".
The fourth additional provision reflects some aspects of the world of hunting and fishing, while recognizing the exclusive competence of the autonomous communities in its laws require, to ensure market unity, some harmonization and organization at national, and economic activities are well. Thus, the development and adoption of a National Strategy game management and the national registry of offenders that this system should entail is expected to be effective.
The fifth additional provision establishes the operating rules of the Tajo-Segura.
The sixth additional provision regulates the Natural Way and the National Network of Natural Caminos.
Finally, also they included seven final provisions. The first amends Law 52/1980 of 16 October, the economic regime of exploitation of the Tajo-Segura. The second amending Law 10/2001 of 5 July, the national water plan. The third adds a new article after article 16 of the Law 8/2003 of 24 April, Animal Health, in the sense of preventing the transmission of disease to livestock or humans through hunting species, establishing that both hunting farms producing species such as hunting grounds and movement of these species shall be regulated by law in animal health. The fourth amends Law 5/2013 of 11 June, amending Law 16/2002, of July 1, integrated prevention and control of pollution and the Law 22/2011, of July 28 are modified, waste and contaminated soil. The fifth states that the above text does not involve increased government spending and fixed in three months the deadline for entry into force. The sixth, meanwhile, establishes the jurisdiction authority and finally the seventh fixed in three months the period of entry into force.
The Act incorporates a number of provisions relating to the Tajo-Segura, to comply with the judgment of the Constitutional Court of 5 February. This judgment has declared unconstitutional several provisions regarding the Tajo-Segura, which were introduced through amendments during the parliamentary process of Law 21/2013, of December 9, environmental assessment, by the formality has been omitted audience to Aragon, provided for in Article 72.3 of the Statute of Autonomy.
The declaration of unconstitutionality has created uncertainty and jeopardize the normal operation of the transfer. With the firm intention to avoid this situation, this Law is given effect to the judgment of the High Court.
The Tajo-Segura transfer, in operation since 1979, is an essential infrastructure: supplies to 2.5 million people and guarantees the supply of irrigation to 150,000 hectares dedicated to agriculture. It is crops with high added value and very technically advanced, which require a clear and stable regulatory framework in time, enabling meet irrigators safely the water resource available to properly program crops and accessing finance they need to develop their activity.
The Constitutional Court itself stresses the relevance of these provisions, in its fifth legal basis, indicating clearly that "all these provisions relate to the system of water transfers through the Tajo-Segura, whose significance is beyond doubt so that the annulment of the above provisions is liable to cause serious harm to the general interest.
Thus, the ordinary and with full legal certainty of the Tajo-Segura operation is ensured.
Sole Article. Amendment of Law 43/2003 of 21 November, Montes.
Law 43/2003 of 21 November, Montes, is amended as follows:
One. Paragraphs 2 and 3 of Article 2 are worded as follows:
'2. A land of agrosilvopastoral mixed condition, and in particular adehesados land, we will apply this law with regard to their characteristics and forestry, without prejudice to the application of the rules to them for their agricultural characteristics.
3. The mountains or Mount fractions that are included in protected natural areas are governed by specific legislation and the provisions of this law as it is not contrary to that. "
Two. The letter f) of Article 3 shall read as follows:
'F) The conservation, improvement and restoration of biodiversity in forest ecosystems and species. "
Three. A new letter l) is added to Article 3 which shall read as follows:
"L) Consideration of the mountains as green infrastructure to improve natural capital and its consideration in mitigating climate change."
Four. Article 4 shall read as follows:
"Article 4. multifunctionality of the mountains.
The mountains, irrespective of ownership, play an important social role, both as a source of natural resources and livelihood of economic activities as being multiple environmental services providers, including protection of soil and water cycle; fixation of atmospheric carbon; deposit of biological diversity as fundamental elements of ecological connectivity and landscape.
The recognition of these resources and externalities, of which the whole society benefits, obliges public authorities to ensure in all cases for its conservation, protection, restoration, improvement and orderly use. "
Five. Paragraph 2 of Article 5 shall read as follows:
'2. Without prejudice to the other paragraphs of this article, are considered Mount:
A) The land devoted to farming.
B) The urban land.
C) Land excluding the autonomous community in its forestry and planning regulations. "
Six. a new paragraph 4 is added to Article 5, with the following contents:
"4. Plantations of forest species of short rotation intensive regime on agricultural land shall be subject to the provisions of this law for the duration of shifts previously established use, unless the autonomous community expressly decides a shorter period deciding its owner once ended the period on the use of that land. "
Seven. The letters f), i), n), o) and q) of Article 6 are worded as follows:
"F) Reforestation: establishment of forest species on land by sowing or planting. It can be forestation or reforestation. "
«I) Forest harvesting: timber and timber, including forest biomass, cork, the resin, grazing, hunting, berries, mushrooms, herbs and medicinal plants, bee products and other products and services with value characteristic market of the mountains. "
'N) Draft forest management: technical paper that synthesizes the organization in time and space of sustainable use of forest, timber and non-timber resources on a hill or group of mountains, to which must include a detailed description of forest land in their ecological, legal, social and economic aspects and, in particular, a forest inventory with a level of detail that allows decision making regarding forestry to apply in each of the units Mount and estimating their income. "
"Ñ) working scheme or technical plan: forest management project which by its uniqueness -small extension; other than the production of wood or cork preferred functions; immature masses (age treeless short), etc. require a simpler regulation of the management of its resources. Accordingly, the forest inventory may be more simplified, although it will be necessary to incorporate information in the case of thick wooded mountains. "
"Q) Forestry Agent: Official who has the status of agent of the authority belonging to the government that, according to its own rules and regardless of the specific corporate name, is responsible, among other functions, of surveillance, police and custody of the legal rights of forest nature and judicial police in a generic sense as set out in paragraph 6 of Article 283 of the Criminal Procedure Act, acting complementarily of judges, courts and the prosecution, and coordination with the Security Forces, with respect to the powers of regulatory legislation organic way. "
Eight. Letters a), b) and c) of paragraph 2 of Article 7 shall be worded as follows:
"A) The definition of the overall objectives of the Spanish forestry policy through documents such as:
1st Spanish Forest Strategy.
2nd Spanish Forestry Plan.
3rd National Action Program Against Desertification.
4th National Plan of Priority Actions of hydrological and forest restoration.
5th National Control Plan Marketed Legality of Wood.
B) The collection, compilation and systematization of forestry information to maintain and update the Spanish Forest Information.
C) The establishment of common guidelines for training in extinguishing and fire prevention in the normalization of the material, equipment and personnel extinguishing forest fires throughout the Spanish territory, and the deployment of state media to support the autonomous communities, for coverage of forests against fire. "
Nine. The letter f) of paragraph 2 of Article 7 shall read as follows:
'F) The establishment of basic standards for conservation and sustainable use of forest genetic resources and provenance, production, utilization and marketing of forest reproductive material and in particular, the determination of their regions of origin and maintenance of the Register and the National Base Materials Catalog. "
Ten. The letter g) of paragraph 2 of Article 7 shall read as follows:
"G) The development and adoption of common basic guidelines for sustainable forest management."
Once. Letter a) of paragraph 3 of Article 7 shall read as follows:
"A) Coordination of keeping the Catalog of Public Utility Montes and Montes the Registry Protectors and other records under this Act."
Twelve. The letter b) of paragraph 3 of Article 7 shall read as follows:
"B) The design collaboration networks, data collection and communication to the community bodies of data obtained by the autonomous communities in its territory and those obtained by the General State Administration in the field or suprautonómico in their competence, from the plots of the European network for monitoring the state of the mountains, and other general monitoring systems. "
Thirteen. The letter b) of Article 9 is worded as follows:
"B) The management of forests cataloged ownership, where available and in the manner provided in forest legislation of the autonomous community."
Catorce. Article 10 shall read as follows:
"Article 10. Organs of coordination and participation of the Spanish forestry policy.
1. It corresponds to the Sectoral Conference on Agriculture and Rural Development coordination between the central government and the autonomous communities for the preparation, study and development of the characteristics of the Spanish forest policy issues.
2. the National Forestry Council is created as an advisory body of the Ministry of Agriculture, Food and Environment in the field of forestry and forest policy, which will report, among others, rules and state level plans relating to forestry. Chaired by the Minister, composition, organization and operation are determined by regulation guaranteed in any case, the participation of organizations representing the interests concerned, without being able to generate staff costs and increased government spending. "
. Paragraph 4 of Article 11 shall read as follows:
"4. The surrounding mountains in common hand are private forests which have special nature derived from their property in common unallocated quota, being the ownership of these neighbors who at all times integrate the community group concerned and subject to the limitations indivisibility, inalienable, and indefeasible. Without prejudice to the provisions of the Law 55/1980, of 11 November, Forestry Vecinales Common hand, the provisions shall apply to private forests. "
Sixteen. Article 12a is deleted.
Seventeen. Article 13 shall read as follows:
"Article 13. Montes cataloged of public utility.
From the entry into force of this law, the autonomous communities may declare public utility and include in the Catalogue of Public Utility Woodland public forests included in any of the following cases:
A) that are essential for the protection of soil against erosion processes.
B) located at the headwaters of watersheds and those who contribute decisively to the regulation of the hydrological regime, including those who are in the perimeters of protection of surface and underground water catchments, preventing or reducing avalanches , floods and floods and defending populations, crops and infrastructure, or improving water supply in quantity or quality.
C) to avoid or reduce landslides or rocks and siltation of reservoirs and those that protect crops and infrastructure against the wind.
D) Those who do not fully meet in its current state the characteristics described in paragraphs a), b) or c) are intended for restocking improvement or forestry protection purposes indicated therein.
E) contribute to the conservation of biological diversity through the maintenance of ecological systems, protection of flora and fauna or the preservation of genetic diversity and, in particular, those which constitute or form part protected, special protection areas for birds, special conservation areas, sites of geological interest or other legal figures of protection, as well as relevant elements constituting the landscape natural spaces.
F) Any other established by the autonomous community in its legislation. "
. Paragraph 3 of Article 15 shall read as follows:
'3. Forest harvesting on forest public domain shall be governed by what is stated in Articles 36 and 37 of this law. "
. Paragraph 5 of Article 15 shall read as follows:
"5. In granting procedures and authorization promoted by the management board of the mount to be carried out in demaniales mountains, without prejudice to the regulation of community forests, economic activities the principles of advertising be respected, objectivity, impartiality and transparency . the principle of competitive bidding in accordance with the instruments or guidelines for planning and management of the same in the following cases shall also apply:
A) in the case of a service activity that is promoted by the management administration of the mountain.
B) the exercise of the activity exclude the exercise of other activities by third parties.
The criteria on which the granting and authorization to perform service activities will be based will be directly linked to the provisions of the instruments or guidelines for planning and management of the mountain.
The duration of such authorizations and concessions shall not exceed 75 years, according to their characteristics, and will not lead to automatic renewal or advantages in favor of the transferor or persons associated with him. "
. Paragraphs 3, 4 and 5 of Article 16 are worded as follows:
'3. The inclusion in the Catalogue of Public Utility Woodland of public forests to in Article 13 shall be made ex officio or at the request of the holder, and be adopted by agreement of the highest governing body of each autonomous community, a proposal from its respective forestry organization, upon instruction the relevant procedure in which the holder must be heard Administration and, if applicable, holders of rights over those mountains.
4. The exclusion of a mountain Montes Catalog of Public Utility only proceed when you have lost the characteristics that was listed and regulated by the procedure described in the previous section. The partial exclusion or exchange of a non-significant part of a listed mount may be authorized by resolution of the highest governing body of each autonomous community, a proposal by the forestry organization, always involving a better definition of surface mount or improvement for management and conservation.
5. Exceptionally, by agreement of the highest governing body of each autonomous community on the report of the forestry organization and, where appropriate, of the owner entity, it may authorize the exclusion or exchange of a portion of a mountain cataloged because of prevailing public interest. "
Veintiuno. Paragraphs 1, 2 and 3 of Article 18 are worded as follows:
"1. The declaration of public utility of a mountain does not prejudge any question of property, but possession is a presumption in favor of the entity that grants membership catalog. Ownership in the catalog to assign a hill can only be challenged in ordinary declaratory judgment property before the civil courts, not allowing the exercise of real actions Article 250.1.7 of the Code of Civil Procedure.
2. In cases where ordinary declaratory judgments property listed mountains are promoted defendant be autonomous community, and, where appropriate, the holder of Mount entity. In all proceedings conducted in court proceedings referred to this article shall be located in due time representation of the managing administration, declared null otherwise.
3. The owner or manager Administration entered the mountains cataloged, as well as any right over them, in the Land Registry by a certificate accompanied by a topographical map of Mount or raised for the demarcation to duly georeferenced appropriate scale, and in any case descriptive and graphic cadastral certification stating the cadastral reference of the property or properties that constitute the entire cataloged mount, according to the revised text of the Law on Real estate Cadastre, approved by Royal Legislative Decree 1/2004 of 5 March. In case of discrepancy shall be governed as provided in the mortgage legislation on the registration of the graphical representation of the properties in the Property Registry. "
Twenty-two. a new Article 18a reads as follows is added:
"Article 18a. Segregation partially affected farms to forestry public domain.
1. When a publicly owned registered property is subject to partial involvement forestry public domain, the Administration may segregate the holder of the asset demanial by administrative certification that will be sufficient for registration in the Land Registry title.
2. In administrative segregation cases regulated in the preceding paragraph shall be applicable to the provisions of Articles 13 and 46.2 of the revised text of the Law on Real Estate Cadastre, approved by Royal Legislative Decree 1/2004, of 5 March. "
Twenty-three. Paragraph 2 of Article 19 shall read as follows:
'2. Means interrupted possession for the purpose of the requirement for the realization of forestry, for the initiation of disciplinary proceedings or any possessory act by the owner or manager of the Mount administration. "
Twenty-four. The heading and paragraph 1 of Article 20 are amended as follows:
"Article 20. Research and possessory recovery of public forests.
1. Holders of public forests, on its own initiative or at the request of the Management Administration in the mountains cataloged, will have the power to investigate the situation of land presumed to belong to its heritage, as set out in Article 45 et seq law 33/2003, of November 3, the Assets of Public Administrations, whose effect may gather all data and reports deemed necessary.
The Management Body shall cooperate in the investigation, making available to the incumbent administration technical means and documentaries have available. "
. Paragraph 1 of Article 21 shall read as follows:
"1. Holders of public forests, together with the Management Administration cataloged in the mountains, enjoy the power of administrative demarcation of their mountains. The competent forestry administration may collaborate where appropriate in the demarcation of these mountains, making available to the holder Administration technical means and documentaries have available. "
Twenty-six. Paragraph 4 of Article 21 shall read as follows:
"4. The boundaries must be approved in view of the documents or situations qualified possession proving public ownership of Mount object boundary and cadastral mapping and descriptive and graphic cadastral certification of the property or properties affected, and set their limits with fitted and flat georeferenced if it is available and should also materialize existing encumbrances. "
Veintisiete. Paragraph 5 of Article 21 shall read as follows:
"5. Only have value and effectiveness in the act of propping domain titles registered in the Land Registry and judgments in declaratory judgment property. "
Twenty-eight. Paragraph 9 of Article 21 shall read as follows:
'9. Once the agreement was firm approve the boundary, the demarcation will proceed with the participation, if any, of those concerned. The acting Administration should formalize their communication to the Real Estate Cadastre of the result of the boundary, according to the cadastral legislation. '
Veintinueve. Paragraph 1 of Article 23 shall read as follows:
"1. Private forests are managed in the manner provided by the owner, without prejudice to the specific legislation and the Civil Code. "
. Paragraph 3 of Article 23 shall read as follows:
'3. The management of these forests will be adjusted, should dispose of it, the instrument of management and forestry planning. The application of these instruments will be supervised by the forestry authority of the autonomous community. In the absence of such an instrument holder management entail the necessary prior authorization for forest harvesting in the terms established by the autonomous community in accordance with Articles 36 and 37 of this law. "
Thirty-one. the heading of Chapter IV shall be deleted, leaving Articles 24 and 24a included in Chapter IV.
Thirty-two. Article 24 shall read as follows:
"Article 24. Declaration of protection forests.
1. They shall be held protectors those mountains or privately owned forest lands to meet any of the conditions for public forests provided for in Article 13.
2. The statement will mount guard by the Administration of the Autonomous Community, after proceedings in which, in any case must be heard owners and the local authority where filed. The same procedure will be followed for declassification once the circumstances that led to its inclusion had disappeared.
3. The autonomous communities will create records of administrative protection forests in which they shall state the charges, encumbrances and other real rights that support the mountains included in them.
4. the National Register of Montes protectors is created. The autonomous communities forwarded to the Ministry of Agriculture, Food and Environment information on seats that occur in their records under the previous section to develop and update the National Register.
The Registry will have informative and depend on the Ministry of Agriculture, Food and Environment. Its organization and operation regulations established in consultation with the autonomous communities. "
Thirty-three. Articles 24a and 24b are deleted.
Thirty-four. Article 24c becomes 24 bis and shall read as follows:
"Article 24a. Management of protection forests.
1. The management of protection forests corresponds to their owners, subject to the provisions of specific legislation. The manager shall submit to the forestry administration of the autonomous community corresponding forest management project or working scheme, should not have a planning or management of natural forest resources existing in the area.
2. The limitations established in the management of protection forests because of the ecological functions or social protection that meet may be economically compensated under the terms provided in Chapter III of Title VI. "
Thirty-five. The letter b) of paragraph 1 of Article 25 shall read as follows:
"B) declared protective forests under Article 24."
Thirty-six. a new Article 27a, which shall read as follows is added:
"Article 27a. Montes partners.
1. They are mountains of partners those whose ownership corresponds in undivided, several people and some of them are unknown, regardless of their names and their form of constitution.
2. Any of the co-owners of a mountain of partners, irrespective of their share, may promote the formation of a management board with the competent body in forest management, which convened at the request of a party, to all known co-owners. The Management Board, once set up, will be the governing body and representation of the community as there are vacancies participation fees without known owner by a communication to effect all other known co-owners.
The management board shall inform the existence of one or more participation fees known owner lacking the Directorate General of State Property, to proceed in accordance with the provisions of Law 33/2003 of 3 November, the Patrimony of Public Administrations and in the implementing regulations approved by Royal Decree 1373/2009, of 28 August.
3. For the valid constitution of the management board, the agreement of at least four-fifths of known owners, and its formalization in writing is required. Minutes of the constitution of the management board in containing the identification of the forest or mountains concerned, the appointment of at least a president and a secretary and internal operating rules, which should include criteria new members will rise.
4. It corresponds to the management board:
A) Representation and community management. To this end it may adopt acts of management and administration best suited to the common interests, including management and enjoyment of Mount partners and all of its products and the disposal of all types of forest, agricultural, livestock exploitations, energy and mining, as well as any other act for which owners are entitled by this law. The management board may decide on the distribution of benefits generated among the members in proportion to their share, excluding applicable parts unclarified, which must be invested in improving the mountain.
B) Promoting investigation files ownership of vacancies quotas in accordance with the provisions of Articles 45 and following of Law 33/2003, of November 3, the Assets of Public Administrations and other applicable regulations. The management board will try to identify the holders of vacant quota by any documentary evidence or otherwise permitted by law; in particular by the evidence in the Land Registry, the Land Registry on deeds, in testimony and affidavits or birth or baptism of the last known owners and their descendants, without prejudice to the powers Directorate General of State Assets.
5. For the valid adoption of resolutions the favorable vote of the majority of the participation quotas of the known present or represented owners will be required.
6. The management board will be dissolved once all community members are identified according to law, time from which is subject to the rules of community property regime undivided, not walking action division until it has not proceeded to the identifying all vacancies quotas.
7. The Directorate General of State Assets initiate the corresponding investigation procedure regarding vacancies charges when the communication of the management board is show that there is a real indication that the charges actually have no owner.
When investigation procedure the steps taken by the board of management aimed at establishing ownership of quotas, which need not be reiterated by the General State Administration will be incorporated.
In the event that accredits the existence of vacancies fees, such fees are deemed affected by operation of the law to the Ministry of Agriculture, Food and Environment when you remember joining the assets of the Central Government, declaring so the decision terminating the investigation procedure.
The result of such identification shall be subject to declaration to the Real Estate Cadastre, to incorporate the same cadastral alterations, if necessary, proceed.
In any case, on such fees may be initiated a process of alienation under the provisions of Article 112.6 of Law 33/2003, of November 3, the Assets of Public Administrations.
8. The owners of the mountains of members shall be governed in what does not oppose this regulation, by the provisions of Articles 392 and following of the Civil Code and, in particular, have the right of first refusal. In any case, the right of legal redemption between co-owners shall not apply to transmission inter vivos granted to the spouse or blood relatives within the second grade condominium owner or sole proprietorships it.
9. A managing boards constituted will be assigned tax identification for conducting legal business within their competence. "
Thirty-seven. Paragraph 1 of Article 28 shall read as follows:
"1. The Ministry of Agriculture, Food and Environment will coordinate with other relevant bodies of the General State Administration and the autonomous communities to develop the Spanish Forest Information, which will include the following subjects:
A) The national forest inventory and corresponding forest map Spain.
B) The National Inventory of soil erosion.
C) Inventory Spanish hunting and inland fisheries.
D) Afforestation and other forestry activities.
E) ratio managed forests.
F) Forestry and forest industrial activities.
G) Forest fires.
H) monitoring the interaction of forests and the environment.
I) characterization of forest land included in the Natura 2000 network or in protected natural areas and protected areas by international agreements.
J) Biodiversity in the mountains of Spain.
K) State protection and conservation of major ecosystems and Spanish 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 in the Spanish Forest Information other statistical operations.
All information collected in inventories, and the content that integrates the Spanish Forest Information shall be public, the rules of access to environmental information to apply. "
Thirty-eight. Paragraphs 2, 3, 4, 5 and 6 of Article 28 are worded as follows:
'2. The competent bodies in forestry statistics of the autonomous communities and other public administrations will provide the Ministry of Agriculture, Food and Environment information forest character of its area of competence needed to develop the Spanish Forest Information and meet the demands of information statistics of international organizations, and to facilitate citizen access to forestry information. In particular, before the third quarter of each year, provide forest statistical information that have developed over the previous year.
3. The Ministry of Agriculture, Food and Environment will establish coordination procedures so that there is an identity of the definitions of uses and forestry and agricultural exploitations in the documents of the Spanish Forestry Information and Statistics Agrifood, as well as the areas allocated to each one of them.
4. The Ministry of Agriculture, Food and Environment shall make the information contained in the Spanish Forest Information available to the autonomous communities and local entities, businesses and forest industries and other stakeholders.
5. Periodically, the Ministry of Agriculture, Food and Environment prepare and publish a Spanish forest report, based on the analysis of data from the Spanish Forest Information.
6. The National Forest Inventory and Forest Map of Spain, and the National Soil Erosion Inventory, will have continuous nature and frequency of updates at least ten. Its development will be applying common criteria and methodology for the entire Spanish territory. "
Thirty-nine. Article 29 shall read as follows:
"Article 29. Spanish Forest Strategy.
1. The Spanish Forest Strategy, as a reference document to establish the Spanish forestry policy, will contain the diagnosis of the situation of the mountains and the Spanish forestry sector, forecasts of future in accordance with their own needs and international commitments made by Spain , and guidelines that allow articulating the Spanish forestry policy.
2. The Ministry of Agriculture, Food and Environment, ears ministries concerned, drawn up by the Spanish Forest Strategy, with the participation of the Autonomous Communities and after a favorable report from the Sectoral Conference on Agriculture and Rural Development. The Spanish Forest Strategy will be approved by resolution of the Council of Ministers.
3. When circumstances require, and in any case whenever a Spanish Forest Plan revision, the Spanish Forest Strategy will be reviewed. The review will be processed and approved in accordance with the provisions of paragraph 2. "
. Article 30 shall read as follows:
"Article 30. Spanish Forestry Plan.
1. The Spanish Forestry Plan as a tool for long-term planning of the Spanish forestry policy, develop the Spanish Forest Strategy.
2. The Ministry of Agriculture, Food and Environment will prepare the Spanish Forestry Plan with the participation of the regions taking into account those forest plans and favorable report from the Sectoral Conference on Agriculture and Rural Development. The Spanish Forestry Plan will be approved by resolution of the Council of Ministers.
3. The Spanish Forestry Plan will be reviewed every ten years, or a shorter period when circumstances so warrant. The review will be processed and approved in accordance with the provisions of paragraph 2. "
Forty-one. Paragraph 4 of Article 31 shall read as follows:
"4. The territorial scope of PORF forest territories are geographic, socioeconomic, ecological, cultural or homogeneous landscape features. They can adapt to those comarcalizaciones and subregional divisions raised by land use or other specific own administrative divisions of the autonomous communities. "
Forty-two. The letter f) of paragraph 6 of Article 31 shall read as follows:
'F) Planning necessary for the fulfillment of the objectives set in the plan actions, incorporating the provisions of repopulation, hydrological and forest restoration, prevention and fire fighting, prevention and pest control, regulation and recreational uses forest management, including, where appropriate, hunting management, fisheries and mycological. "
Forty-three. Paragraph 8 of Article 31 shall read as follows:
'8. Where a management plan Natural Resources (PORN) in accordance with Law 42/2007 of 13 December on Natural Heritage and Biodiversity, or equivalent plan in accordance with the regional rules covering the same forest territory delimited by paragraph 5 of these forest plans you may have the character of PORF, provided they have a favorable report from the competent forestry organization. "
Forty-four. The heading of Article 32 shall read as follows:
"Article 32. Sustainable forest management. common basic guidelines. "
Forty-five. Paragraph 2 of Article 32 shall read as follows:
'2. The Government, after consultation with the autonomous communities through the Sectoral Conference on Agriculture and Rural Development, adopt common basic guidelines for sustainable forest management in relation to the following aspects:
A) Adaptation to the Spanish mountains of criteria and indicators of sustainability, evaluation and monitoring in accordance with the criteria laid down in international resolutions and conventions to which Spain is a party and in particular those required for the mountains included in the Natura 2000
B) The minimum content of the instructions of management and use of forests to ensure sustainable management. "
Forty-six. a new paragraph 4 of Article 32 is added to read as follows:
"4. The competent regional authority may approve forest management type models for those mountains whose characteristics permit, and procedures for adherence to them involving a commitment to follow-up by their owners. If so it provides in such cases adherence behave orderly consideration mount.
The Ministry of Agriculture, Food and Environment collaborate with the autonomous communities in the development of the type of each community forest management models, and facilitate the exchange of experiences on them. "
Forty-seven. Paragraph 2 of Article 33 shall read as follows:
'2. The mountains declared of public utility and protection forests must have a forest management project, working scheme or other equivalent instrument management. "
Forty-eight. Paragraph 4 of Article 33 shall read as follows:
"4. The minimum content of forest management projects and plans dasocráticos be determined in the common basic guidelines for sustainable forest management and use of forests provided for in Article 32. The development of these instruments should be directed and supervised by professionals with qualifications forestry university and should have as a reference, where appropriate, the PORF within which the mountain is located. "
Forty-nine. A new paragraph 5 of Article 33 which is worded as follows is added:
"5. The competent body of the autonomous community govern which cases may be mandatory to have a management tool for non-public private forest guards and uncatalogued. "
. Article 34 shall read as follows:
"Article 34. Management cataloged of public utility mountains and hills protectors.
1. The mountains cataloged of public utility and protection forests declared based on paragraphs a) to d) of Article 13 shall be managed in order to achieve maximum stability of the forest, be avoided, if any, ecological fragmentation mountains and silvicultural methods that primarily pursue erosion control, the danger of fire, snow damage, windstorms, floods and flash floods or other risks to the protective characteristics of the mountain shall apply.
2. The mountains cataloged and protection forests declared based on paragraph e) of Article 13 shall be managed to ensure maintenance in a favorable conservation status or, where appropriate, for the restoration of the values that motivated this declaration, without prejudice to possible for the purposes specified in paragraph 1. '
Fifty-one. Article 35 shall read as follows:
"Article 35. Forest certification.
Public Administrations shall promote the development of voluntary forest certification systems, transparent and non-discriminatory. "
Fifty-two. Article 35a shall read as follows:
"Article 35a. Responsible purchasing of forest products.
For the purposes of the provisions of the Consolidated Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November, the contracting authority may include between environmental considerations established in the recruitment process, those concerning the conditions of legality of the use of wood and wood products originally as excluding factor should not be credited, and those relating to sustainability, which may be evidenced by, inter alia, by forest certification as defined in Article 6. "
Fifty-three. Article 36 shall read as follows:
"Article 36. forestry.
1. Mount the holder shall in all cases the owner of forest resources produced in the mountain, including spontaneous fruit, and is entitled to its use in accordance with the provisions of this law and regional regulations.
2. The exploitation of forest resources will be conducted in accordance with the requirements for the management of forests established in the relevant forest management plans resources, where they exist. They will also be adjusted, if necessary, to what specifically it is stated in the draft forest management, working scheme or equivalent instrument current management.
3. The competent body of the autonomous community regulate non-timber harvesting. Such uses, and in particular pasture, must be, if any, expressly regulated in the relevant instruments of forest management or PORF within which the mount in question is.
4. Exploitations in the mountains of forest public domain may be sold by their owners under the provisions of legislation resulting equity applicable to them.
5. The Management Administration demaniales mountains may sell products or services thereof, under the regime of forestry, subject to the technical and facultative and economic and administrative clauses established and existing management tools. As consideration, in addition to or instead of the price, may be established or accepted to perform certain improvements of the mountain, which shall be subject to appropriate management tool, the specific conditions established and the approval of the owner of the mountain.
6. In the procurement by managing authorities or holders of demaniales mountains to carry out actions to improve these mountains, where forest products are generated with market value, they may be available to the contractor of the work and the estimated price its sale constitute an element within the budget of the action.
7. Exploitations in the mountains affected by the easement areas, police, or condition of the hydraulic, sea-land, road or rail public domain will not require the authorization of the competent bodies of those domains, provided that these mountains have to management instruments whose approval by the forestry authority in the autonomous community has been favorably informed by the management bodies of those public domain.
8. The Government, after hearing the autonomous communities, statutorily regulate the own basic system of public contracts utilizations, works and forest services. "
Fifty-four. Article 37 shall read as follows:
"Article 37. timber and timber exploitations.
1. Timber and timber harvesting is regulated by the forestry organization of the autonomous region.
2. In the mountains that are not managed by forestry organization, these exploitations are subject to the following basic conditions:
A) Where there is project management, working scheme management or equivalent instrument, or Mount is included in the scope of this PORF and so provides the holder of the exploitation of the mountain shall submit the declaration responsible use the forestry body of the autonomous community in order that it can ensure its conformity with the provisions of the instrument management or, where appropriate, of planning.
B) In the absence of such instruments, these exploitations require prior administrative authorization, except in the case of wood or woody exploitation or domestic short turn minor, in which case they must communicate through a new responsible statement, that the circumstances for which such authorization is not necessary.
Exploitations short turn to are those whose turn is less than 20 years and the exploitation of species and shifts treated jointly determined by the autonomous communities to their territory. exploitations are considered minor under 10 cubic meters of timber or 20 stereo firings, unless the autonomous communities to establish their territory minor amounts.
3. The provisions of the preceding paragraphs shall be without prejudice to the provisions of the eleventh additional provision, regarding the procedure for carrying out the corresponding prior environmental assessment activities subject to notification or sworn statement when it is required by the basic legislation state or regional environmental assessment.
4. The holder of a timber harvesting woody or whose products are subject to marketing shall communicate the amount actually obtained the regional forestry organization within a maximum period of one month from completion and in accordance with the procedures established for that purpose. "
Fifty-five. Article 38 shall read as follows:
"Article 38. Fund mountains improvements cataloged.
Cataloged holders mountains apply to fund improvements, whose destination is the conservation and improvement of the mountains included in the Catalogue of Public Utility Woodland, an amount to be determined by the autonomous communities and will not be less than 15 percent of the value of their forest harvesting or income derived by occupations or other activities on the mountain. This fund will be managed by the forestry organization of the autonomous community, unless this transfer it to the local authority holder. Investments will be made in accordance with the established plan improvements in the planning of this mountain. "
Fifty-six. Article 39 shall read as follows:
"Article 39. Delimitation of forest use in urban planning.
Urban planning instruments, when they affect the qualification of forest land, require the report of the Administration responsible forest management. This report will be binding if it is classified or protective mountains.
The mountains outside the forest will be considered public domain land in rural situation, for the purposes of the provisions of state law soil, and must be preserved by the regional and town planning, its transformation through urbanization " .
Fifty-seven. Paragraph 4 of Article 41 shall read as follows:
"4. The National Plan of Priority Actions Restoration Hydrological-Forestal diagnose and identify, by sub-basins, erosion processes, classifying them according to the intensity thereof and their potential to populations, crops and infrastructure risk, defining the priority areas of action, valuing shares to make and establishing temporary prioritization and scheduling them.
In processing or further implementation of the Plan, the competent authorities demarcate danger zones risk of flooding or snow intrusions affecting populations or human settlements in accordance with the provisions of Directive 2007/60 / EC of the European Parliament and the Council of 23 October 2007 on the assessment and management of flood risks.
These areas should have specific plans hydrologic-forest restoration action mandatory for all public administrations. "
Fifty-eight. Article 42 shall read as follows:
"Article 42. Declaration of the general interest of the actions of hydrological and forest restoration out of public water.
The Government may interest overall performances of hydrological and forest restoration of public water out at the request of the regions affected. "
Fifty-nine. Paragraphs 1 and 3 of Article 44 are worded as follows:
"1. The central government and the autonomous communities organize specific programs coordinated prevention of forest fires based on research on causality and, in particular, on the motivations that may cause intentional in origin. For this planning will take into account the basic Guideline of planning civil emergency protection from forest fires and specific plans derived from it. "
'3. The autonomous communities governed in woodland and bordering areas the exercise of any activities that may result in risk of fire, and establish safety standards applicable to buildings, works, electrical installations and transport infrastructure in forest areas and their surroundings, they can involve risk of fire or be affected by them. In particular, they regulate specifically the forest fire prevention and security measures in the areas of wildland-urban interface. They may provide for limitations to transit through the mountains, reaching suppress it when the fire danger makes it necessary. "
. Paragraph 1 of Article 46 shall read as follows:
"1. To facilitate collaboration between devices extinguishing forest fires, so that it is mutual assistance by the competent authorities and the pooling of human and material resources, the Ministry of Agriculture, Food and Environment possible, in collaboration with the autonomous communities establish common guidelines for the implementation of a common management system emergencies, training, preparation and staff and for the standardization of equipment material means. "
Sixty-one. Paragraph 3 of Article 47 shall read as follows:
'3. The responsible management of extinction assume the legal defense of technical director and staff under his command in the proceedings before the civil and criminal court systems for potential liabilities arising from orders given and the actions taken in connection with the extinguishment. "
Sixty-two. Paragraphs 1 and 3 of Article 48 are worded as follows:
"1. Those areas where the frequency or virulence of forest fires and the importance of the threatened values necessary to make special protective measures against fire, may be declared areas of high fire risk or preferential protection. The Ministry of Agriculture, Food and Environment, in collaboration with the autonomous communities, establish guidelines and criteria for the definition of these particularly sensitive to fire risk areas. "
'3. All these areas will have a defense plan that, besides all that set the corresponding regional emergency plan, should consider at least:
A) Socio-economic problems that may exist in the area and they manifest through repeated arson or careless use of fire as well as determining the seasons of increased risk of forest fires.
B) preventive work proves necessary, including as appropriate silvicultural treatments, firebreaks, access roads and water points to be made by the owners of the mountains of the area as well as the implementation deadlines .
C) In addition, the defense plan will contain the implementation modalities of work, depending on the legal status of the land, through agreements, agreements, temporary transfer of land to the government, aid or subsidies or, case execution by management subsidiary.
D) Establishing and availability of means of monitoring and extinguishing necessary to cover the total forest area in the region, with forecasts for funding.
E) The regulation of uses that may lead to risk of forest fires. "
Sixty-three. Paragraph 1 of Article 50 shall read as follows:
"1. The autonomous communities must ensure conditions for the restoration of forest land burned, and it is prohibited:
A) The change of forest use for at least 30 years.
B) Any activity incompatible with the regeneration of vegetation cover during the period determined by the regional legislation.
With individual character, the autonomous communities may agree exceptions to these prohibitions provided that, prior to forest fire, use change was provided for in:
A) A planning instrument previously approved.
B) An instrument pending approval planning, if it has already been the subject of favorable environmental assessment or, if this is not required, if it has already been submitted to public inquiry.
C) A guideline agroforestry policy that addresses the agricultural use or extensive treeless mountains rancher been abandoned.
Also exceptionally autonomous communities may agree to the change of forest use when urgent cause of public interest order should be appreciated by law, provided that the necessary compensatory measures that allow recover a forest area equivalent adopted the burnt. Such compensation measures must be identified prior to use change in the law itself along with the source of change in use.
For these compelling reasons first order correspond to a general interest of the nation, state law will be determined by the need for change of forest use, in cases and under the conditions indicated in the preceding paragraph .
In no case shall appreciate this exception to mountains cataloged. "
Sixty-four. Paragraph 2 of Article 50 shall read as follows:
'2. The competent body of the autonomous community shall determine the measures for the removal of burned wood and restoration of vegetation cover affected by the fires that, in any case, include the temporary shoulder of those utilizations or activities incompatible with their regeneration for limit which shall exceed one year unless limited by lifting the express authorization of that body. "
Sixty-five. Article 52 shall read as follows:
"Article 52. Protection of forests against harmful agents.
1. Notwithstanding the provisions of Law 43/2002 of 20 November, plant health, protection of forests against harmful agents should be preferably preventive, through appropriate silvicultural techniques, use of biological agents that prevent or slow increasing populations of harmful agents and application of methods of integrated control.
2. The autonomous communities take the necessary measures for monitoring, locating and extinguishing incipient outbreaks of pests, must inform the forest owners in the affected area, and the competent body of the General State Administration for if you could be affected general health of Spanish mountains.
3. The Spanish Forestry Strategy, the Spanish Forestry Plan, Plans Forest Resources Management, Basic Common Guidelines for Sustainable Forest Management, Projects Management, the Dasocráticos Plans and other planning action covered by this law shall include provisions for the prevention and combating pests and diseases, with special attention to the risks of emerging pests. "
Sixty-six. Article 54 shall read as follows:
"Article 54. Forest Genetic Resources.
1. The Ministry of Agriculture, Food and Environment, develop and manage, in collaboration with the autonomous communities, national programs that promote genetic improvement and conservation of forest genetic resources and the tools needed 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 the autonomous communities and proposal of the Ministry of Agriculture, Food and Environment, establish the basic standards for conservation and sustainable use of forest genetic resources and production, marketing and use of forest reproductive material.
3. The Government consulted the autonomous communities and proposal of the Ministry of Agriculture, Food and Environment, will determine the regions of origin of the forest reproductive material and in particular maintain the Register and the National Materials Catalog Database. "|| |
Sixty-seven. The heading of Chapter V shall read as follows:
Access to the mountains "
Sixty-eight. Article 54a shall read as follows:
"Article 54a. public access.
1. Public access to the mountains shall be regulated by the competent public authorities.
2. The autonomous communities will define the conditions under which the movement of motor vehicles are allowed on forest tracks outside the road network and through forest land outside the existing road for this purpose.
3. In no event may be limited circulation of way for agroforestry management and surveillance and fire extinguishing of the competent public authorities.
4. Outsiders access to surveillance, fire and management may be limited in areas of high fire risk under Article 48, when the risk of fire indicates, making public this end so visible. "
Sixty-nine. Article 55 shall read as follows:
"Article 55. Forest research.
1. The General Government, through the Spanish Science and Technology Strategy established by Law 14/2011, of 1 June, of the Science, Technology and Innovation, will identify and incorporate in their programs of action demands forestry research of Public Administration and the productive sectors as well as the tools necessary to achieve the objectives.
2. Public Administrations promote forestry research and, in particular, promote:
A) The technology transfer of the results of the Forest Research bodies responsible for the planning and management of public and private forests.
B) Innovation and development of new methods of sustainable forest management.
C) The overall coordination of forestry research, establishing the necessary mechanisms for the best use of all available resources and means, exchange of information, the establishment of permanent thematic networks of national and international nature and creation and maintenance of harmonized databases.
D) Cooperation in forestry between institutes, research centers, technology centers and universities, both public and private and public agencies and private organizations responsible for forest management of forests, in particular through the link form networks among the various institutions involved.
3. Information and results of programs and research projects implemented with public funding are required to develop the Spanish Forest Information, referred to in Article 28, they will be integrated into it. To this end, research institutions responsible provide this information to the Ministry of Agriculture, Food and Environment and the autonomous communities. "
Seventy. Article 58 shall read as follows:
"Article 58. Extension, police and forest rangers.
1. Public Administrations, in the scope of its powers, will include, among others, the following extension functions, police and forest rangers:
A) police custody and monitoring for compliance with the applicable regulations in forestry, especially the prevention, detection and investigation of the causes of forest fires, issuing the relevant technical reports.
B) optional extension advice tasks and forest management and nature conservation.
Officials who perform these functions will have specific training to enable them to develop correctly.
2. To encourage the work cited in paragraph b) of paragraph 1, the Forestry Administration may establish agreements with representative social agents.
3. Officials who perform administrative forestry police, legal authority or by delegation, have the status of agents of authority. The facts established and formalized by them in the minutes of inspection and complaint will presumption of certainty, notwithstanding the evidence in defense of the rights and interests can provide stakeholders.
Also, in the exercise of these functions they are empowered:
A) enter freely at any time and without notice in places subject to inspection and to remain in them, with respect, in any case, the inviolability of the home. Upon an inspection, they must communicate their presence to the inspected person or their representative, unless they consider that such communication may impair the performance of their duties.
B) Proceed to practice any act of investigation, examination or test deemed necessary to verify that the laws are observed correctly.
In particular, they may take or remove samples of substances and materials, measurements, obtain photographs, videos, image recording, and lift sketches and plans, provided that the holder or his representative, except in cases of urgency, is notified in that notification may be made later.
4. In the exercise of his functions as a generic Judicial Police shall be limited to make the first steps of prevention, in accordance with the provisions of the regulations of the Judicial Police and in accordance with Article 284 of the Criminal Procedure Act.
When they are aware of fact that may constitute a crime must report them to the judicial authority or the prosecutor, through the process that determine the organs in the structure are integrated and in accordance with the provisions of the Act Criminal prosecution.
In the exercise of the functions referred to in this paragraph, Forest Agents at all times lend aid and assistance to the Security Forces, in accordance with Article 4 of the Organic Law 2 / 1986 of 13 March on Security Forces. "
Seventy-one. Article 61 shall read as follows:
"Article 61. Cooperatives, companies and forest industries.
1. The autonomous communities establish registers of cooperatives, companies and forest industries, both companies that perform work or forestry activities in the mountains and forest industries, including in those areas saw, veneer, panels, pulp, paper, and cork, resin, biomass, oil, pine nuts, chestnuts, mushrooms, and truffles as well as any other forestry.
2. the National Register of Cooperatives, Companies and Forest Industries is created. The autonomous communities forwarded to the Ministry of Agriculture, Food and Environment information on seats that occur in their records under the preceding paragraph, to develop and update the National Register.
The National Registry will be informative and depend on the Ministry of Agriculture, Food and Environment, through the Directorate General of Rural Development and Forestry Policy. Its organization and operation shall be established by regulation.
3. Cooperatives, companies and forest industries provide annually to the autonomous communities, for statistical purposes, the data relating to its activity, in particular the production, processing and marketing of forest products. This information will be integrated into the Spanish Forest Information through mechanisms of collaboration between the Ministry of Agriculture, Food and Environment and other bodies of the competent authorities. "
Seventy-two. Article 62 shall read as follows:
"Article 62. Interbranch organizations of forest products.
The Ministry of Agriculture, Food and Environment promote the creation of interbranch organizations in the forestry sector. The legal status of interbranch organizations in forest products is set out in the Law 38/1994 of 30 December regulating interprofessional agrifood organizations and regional regulations on the matter. "
Seventy-three. Article 63 shall read as follows:
"Article 63. General provisions.
1. The incentives set out in Articles 64 to 66, when financed from the State Budget shall apply with priority to the mountains ordered both privately owned and local entities, and for protection forests and cataloged in the terms established.
2. The government will facilitate the development of market-based to effectively address the conservation and improvement of natural assets or services they provide instruments.
3. the implementation of management projects, dasocráticos plans or other equivalent instruments management in the private and public uncatalogued mountains preferably encouraged. Non-managed forests included in a PORF can access the incentives when so enabled in the plan.
In access to grants for forest fire prevention, when financed from the State Budget, will have priority mountains that are located in an area of high fire risk with a defense plan against current fires, according to Article 48. "
Seventy-four. Paragraph 2 of Article 65 shall read as follows:
'2. For these incentives the following factors will be taken into account, inter alia:
A) The conservation, restoration and enhancement of biodiversity in forest ecosystems and species and landscape depending on the specific measures 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 fixed carbon in forest biomass from the mountain, as well as its energy recovery from forest biomass exploitable.
C) The conservation of soil and hydrological regime in the mountains as a measure to combat desertification, depending on the degree to which vegetation cover and silvicultural practices help reduce loss or degradation and improvement of surface and groundwater resources.
D) improved air quality and noise reduction. "
Seventy-five. Paragraph 3 of Article 65 shall read as follows:
'3. Public Administrations may provide these incentives in the following ways:
A) Grant 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 any use, provided it is planned.
C) Direct investment by the Administration. "
Seventy-six. a new wording in letters a), c), g), h), j), k), l), n), o), p) of Article 67, which are worded as follows:
"A) The change of forest use or conducting activities against forest use without authorization."
"C) The cuts, burns, starting or disabling of tree specimens and shrubby forest species, except in exceptional cases authorized singularly or explicitly planned and controlled in the instrument of administrative intervention management, authorization, responsible declaration or notification and justified for reasons of management of the mountain. "
"G) Afforestation or reforestation with reproduction materials that comply with the requirements of current legislation in this area."
"H) Conducting forest exploitation without administrative authorization or statement from the holder and, in general, the performance of any unauthorized or notified when such requirements are mandatory activity, and breach of the provisions governing the enjoyment of forestry. "
"J) Grazing cattle or stay in the mountains where prohibited or made in violation of the rules established for the purpose by the forestry authority of the autonomous community."
"K) The transit or stay on roads or forest areas where this is expressly prohibited such, or in violation of the conditions established in this regard and the circulation motor vehicles crossing land off highways, roads, tracks or any usable infrastructure for this purpose, except when it is expressly authorized. "
"L) Any serious breach affecting the normal development of the mountain, the content of forest management projects, plans dasocráticos mountains or harvesting plans or other equivalent instruments management, among other accession commitments type of forest management models and their corresponding authorizations, without just cause and notified technical forestry body of the autonomous community for approval. "
'N) The unauthorized discharge or waste materials or products of any nature in forest land abandonment. "
'O) The apparent lack of collaboration or obstruction by action or omission of actions of investigation, inspection and control of the government and its agents in connection with the provisions of this law and its implementing rules . "
"P) Failure to comply with the reporting obligations to the Administration by individuals and their concealment or alteration."
Seventy-seven. A new letter r) is added to Article 67 would read 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 are established wood and wood products, in terms of:
1st Commercialisation of legally harvested wood and not derived products.
2nd Lack of maintenance and evaluation of a due diligence system, either individually or through a monitoring organization.
3.º The lack of cooperation with the competent authority on the checks carried out by it.
4.º Non issued corrective action, where appropriate, by the competent authority after the completion of the corresponding control.
5th The failure to traceability and conservation of this information to which traders are subject. "
Seventy-eight. Article 68 shall read as follows:
"Article 68. Classification of infringements.
1. They are very serious offenses:
A) The offenses described in paragraphs a) to n) of the previous article, when the facts constituting the infringement have caused damage to the mountain with costs equal to or greater replacement to 1,000,000 euros or whose term repair or restoration is more than 10 years.
B) The offense under ñ) paragraph of the previous article, when the alteration of signs and cairns prevents the determination on the ground of the legally established boundaries.
C) The offenses described in paragraph r) of the previous article, when the value of the timber object of default above exceeds 200,000 euros.
D) Recidivism, meaning this that the offender has committed a minor, serious or very serious violation within one year if it is mild, two years if it is severe and five years if it is very serious, counted from the firm entrusted with the sanctioning resolution.
2. They are serious offenses:
A) The offenses described in paragraphs a) to n) of the previous article, when the facts constituting the infringement have caused damage to the mountain with costs equal to or greater replacement to 10,000 euros and less than 1,000,000 euros or whose term of repair or restoration is less than 10 years and more than six months.
B) The offense under ñ) paragraph of the previous article, when the alteration of signs and markers does not prevent the identification of the real limits of public monte demarcated.
C) The offense under paragraph o) of the preceding article.
D) The offenses described in paragraph r) of the previous article, when the value of the timber object of default is equal to or less than 200,000 euros but greater than 50,000 euros.
E) Failure to comply with the obligations contained in paragraphs 2nd, 3rd, 4th and 5th paragraph r) of the preceding article.
F) Recidivism, meaning this that the offender has committed a minor, serious or very serious within a year infringement if it is mild, two years if it is severe and five years if it is very serious, counted from the firm entrusted with the sanctioning resolution.
3. They are minor infringements:
A) The offenses described in paragraphs a) to n) of the previous article when the facts constituting the offense have not caused damage to the mountain or when, having damage, have lower replacement costs 10,000 euros or the deadline for repair or restoration does not exceed six months.
B) The offenses described in p) and q) paragraphs of the preceding article.
C) The offenses described in paragraph r) of the previous article, when the value of the timber object of default does not exceed 50,000 euros.
4. In all cases of offenses described in paragraph r) of the previous article, it will further sanction the confiscation of traded goods that are the subject of the infringement, which will be disposed of by public auction. "
Seventy-nine. Article 74 shall read as follows:
"Article 74. Amount of sanctions.
The offenses defined in this title shall be punished with the following penalties:
A) Minor offenses, from 100 to 1,000 euros.
B) Grave breaches of 1,001 to 100,000 euros.
C) Very serious offenses, from 100,001 to 1,000,000 euros, unless the amount of the improperly marketed timber, or double the replacement cost of the damage caused, were over one million euros. In this case, the penalty shall be equal to the greater amount. "
. letter a) of Article 75 is deleted
Eighty-one. Paragraph 3 of Article 77 shall read as follows:
'3. also allowance may be required in cases where the economic benefit of the offender is greater than the maximum penalty considered. This compensation shall not exceed twice the amount of the benefit and in the case of mountains declared of public utility shall be paid into the fund improvements regulated in Article 38. '
Eighty-two. Paragraph 1 of Article 80 shall read as follows:
"1. The sanctions imposed by the commission of serious offenses shall lapse after five years, while those imposed for serious or minor offenses will do two years and one year respectively. "
Eighty-three. Paragraph 1 of the first additional provision shall read as follows:
"1. Consortia and repopulation agreements covered by the legislation repealing the provision only repeal of this law remain in force until the date of its completion, subject to possible extensions agreed in contracts. "
Eighty-four. The fourth additional provision is worded as follows:
"Fourth additional provision. energy use of forest biomass.
The Government shall, in collaboration with the autonomous communities, a strategy for 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:
"Fifth additional provision. forestry companies.
1. Forest society is defined as the grouping of plot owners capable of logging to yield to the Forestry Society of forest use rights indefinitely or for a term not less than twenty years.
2. They may also belong to the Forestry Society other natural or legal persons who are not holders, provided that their participation does not exceed 49 percent of the shares.
3. In case of transfer of plots shall be presumed, unless otherwise agreed, the automatic subrogation of the position of partner of the new owner.
4. The autonomous communities determine, within the scope of its powers, the additional requirements to be met by these companies, the name will and incentives that will enjoy.
5. These Forest Societies have as sole object the exploitation and use of forest land in common society whose use is transferred, to realize it through sustainable forest management.
6. Forestry companies are governed by the consolidated text of the Capital Companies Act, approved by Royal Legislative Decree 1/2010 of July 2.
7. The special tax regime established in Chapter VII of Title VII of Law 27/2014, of 27 November, the corporate income tax will apply to transfer operations of forest use rights in paragraph 1 concerns this provision in exchange for securities representing the capital of the acquiring company forest. "
Eighty-six. Paragraph 1 of the eighth additional provision is worded as follows:
"1. They may be established right of way and temporary occupations authorized forest in mountains public domain, motivated by interest of National Defense, through the procedure and time limits to be determined. "
Eighty-seven. The tenth additional provision is worded as follows:
"Additional provision tenth. Market introduction wood and wood products.
1. Public Administrations cooperate in the framework of its powers to ensure the legality of timber and timber products placed on the market in Spain, and thus comply with Community legislation in this area, derived from the Plan of Implementation of the Forest Law Enforcement Governance Commerce and the European Union.
2. In the framework of Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down obligations of operators who place timber and timber products are established, the agents who choose for a single system to exercise due diligence must submit a declaration accountable to the competent regional authority. The minimum content of this declaration is set statutorily responsible. The omission of the filing of this statement will be a light to the purposes of Title VII violation. "
Eighty-eight. The eleventh additional provision is worded as follows:
"Eleventh additional provision. Environmental evaluation.
Whenever in this law any activity, use or exploitation is subject only to notification or sworn statement and such activity is necessarily subject to an environmental assessment by Law 21/2013, of December 9, environmental assessment, or environmental assessment legislation of the autonomous community is to be carried out, it will be ordered in Article 9.2 of this law and other provisions of a similar application. "
Eighty-nine. A new additional provision worded as follows is added:
"Twelfth additional provision. Promotion of Forestry Industry.
Article 5.3 of the Law 21/1992, of July 16, Industry, adding the objectives of industrial promotion programs, a new one with the following content is modified:
I) Promoting the processing industry of renewable natural resources, and specifically those used as raw material forest resources. "
. A new additional provision, which is worded as follows is added:
"Thirteenth additional provision. Deduction in income tax expenses and investments of forestry companies.
the fifth additional provision of this Law refers shall be entitled to a deduction for the full amount of income tax of 10 percent of expenses or investments made in the tax period in conservation, maintenance , improvement, protection and access the mountain.
This deduction shall be subject to the limits and conditions set out in Article 39 of Law 27/2014, of 27 November, Corporation Tax, along with there you mentioned. "
Ninety-one. The second transitional provision is worded as follows:
"Second transitional provision. Deadline for forest management.
The mountains have an obligation, in accordance with Article 33, to have a forest management tool, will have a period of 25 years from the entry into force of this law to be equipped with one. "|| |
Ninety-two. The third transitional provision is worded as follows:
"Third transitory provision. Economic incentives in unordered mountains.
For a period of fifteen years from the entry into force of this law, owners of non-managed forests may benefit from the incentives to which Article 63 refers, may be subject to grant credit or the development of an instrument forest management. Past this period was officially denied any incentive not equip themselves as a management tool or, if applicable, and as provided in Article 63.3, are included in a PORF.
If a change of ownership occurs, the deadline for the new owner shall run from the time of transmission. "During this period
Ninety-three. The fourth transitional provision is worded as follows:
"Fourth transitional provision. Montes declared public utility prior to this law.
For the purposes of the provisions of Article 16 and concordant, they are considered included in the Catalogue of Public Utility Woodland hills all public utility declared prior to the entry into force of this law. "
Ninety-four. the first final provision is deleted.
Ninety-five. Paragraph 3 of the second final provision is worded as follows:
'3. The following rules and regulations are issued under exclusive state competence titles:
A) Articles 18, paragraphs 1 and 2, 19, 22, 25 and 27a, which are issued under Article 149.1.8.ª of the Constitution, which grants the State exclusive jurisdiction in civil law without prejudice to the preservation, modification and development by the autonomous communities of civil, provincial or special rights, where they exist.
B) Articles 18.3 and 18a are issued under Article 149.1.8.ª of the Constitution which grants the State exclusive competence in the management of records.
C) Chapter I of Title V, except for Article 56.1, is issued under Article 149.1.15.ª of the Constitution which grants the State exclusive jurisdiction in the promotion and general coordination of scientific research and technical .
D) The ninth additional provision is issued under Article 149.1.14.ª of the Constitution, which grants the State exclusive competence of General Finance and Debt. "
First additional provision. References.
1. All references to Law 43/2003 of 21 November, Forestry, makes the Ministry of Environment and the Ministry of Agriculture, Fisheries and Food, be deemed replaced with a reference to the Ministry of Agriculture, Food and Environment.
2. All references to Law 43/2003 of 21 November, Forestry, makes the "Forest Body" or "forest management" shall be construed replaced by "competent body in forestry."
Second additional provision. Implementation of direct payments of the Common Agricultural Policy in Spain.
1. Direct payments set out in Article 1 of Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December, laying down rules for direct payments to farmers are established under including support schemes under the common Agricultural Policy and Regulations (EC) No 637/2008 and (EC) No 73/2009 are repealed, shall apply under common criteria to national level for the whole territory.
2. It enables the Government, so that, by regulation develops the provisions of this Article in accordance with the provisions of Regulation (EU) No. 1307/2013 of the European Parliament and of the Council of 17 December, laying established, as well as forecasts applicable to 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 Agricultural Policy common, in particular those relating to the integrated management and control established in chapter II of title V system and compliance system established by title VI of the Regulation.
Third additional provision. Name change Agricultural Engineers Corps and the Corps of Engineers of Forestry.
The Corps of Engineers Agronomists and Forestry Corps of Engineers, are renamed Corps of Engineers Agronomists and State Forestry Corps of Engineers State.
Both bodies will maintain their organic attachment to the Ministry of Agriculture, Food and Environment, and the classification in the subgroup A1 of the established in Article 76 of Law 7/2007 of 12 April, of the Basic Statute Public employee.
Fourth additional provision. Hunting and fishing.
1. The Ministry of Agriculture, Food and Environment, with the participation of the autonomous communities, develop a National Strategy game management that constitutes the guidance and coordination framework for national management of sport hunting. 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 Offender Registration of Fish and Game is created. The autonomous communities forwarded to the Ministry of Agriculture, Food and Environment information on seats that occur in their respective records of offenders hunting and fishing, including those relating to the suspension and termination of validity of licenses, including derived from criminal offenses and disciplinary proceedings, in accordance with the provisions of Law 15/1999, of December 13, Protection of Personal data.
Fifth additional provision. Operating rules of the Tajo-Segura.
1. Depending on the joint stocks in Entrepeñas and Buendia at the beginning of each month, the following monthly levels are established under which the completion of the transfers will be agreed, with a total annual maximum of 650 cubic hectometres in each hydrological year (600 for the Safe and 50 for the Guadiana):
Level 1 will be given when the joint stocks in Entrepeñas and Buendia equal or greater than 1,500 cubic hectometres, or when incoming joint contributions to these reservoirs in the last twelve months are equal to or greater than 1,000 cubic hectometres. In this case the competent body authorized a monthly transfer of 68 cubic hectometres, the annual ceiling referred to above.
Level 2 will be given when the joint stock Entrepeñas and Buendia is less than 1,500 cubic hectometres, without reaching the expected volumes at Level 3 and the joint contributions recorded in the last twelve months is less than 1,000 cubic hectometres . In this case the competent body authorized a monthly transfer of 38 cubic hectometres, the annual ceiling referred to above.
Level 3. In exceptional hydrological situations, will occur when the joint stocks in Entrepeñas and Buendia not exceed, at the beginning of each month, the values to be determined by the Tagus Hydrological Plan in force. The Government, by royal decree subsequently provided in this section, set for level 3 the maximum monthly transfer to the competent body may authorize discretion and reasoned, as well as the aforementioned, defining monthly values of level 3, with the aim only it noted below.
Level 4 will be the situation when joint stocks in Entrepeñas and Buendia is less than 400 cubic hectometres, in which case it should not approve any transfer.
With the sole aim of providing greater year to supply stability, minimizing the presentation of exceptional hydrological situations which refers level 3, without changing in any case the maximum annual trasvasable water, justified proposal of the Ministry competent for water, and after a favorable report of the Central Commission for Exploitation of the Tajo-Segura, may be amended by royal decree, both the volume of stocks and accumulated contributions referred to in level 1, as the volumes of transfer monthly for levels 1, 2, 3 and the volumes of stocks for each month corresponding to level 3. also in this royal decree the criteria for predicting contributions to the implementation of the rule in plurimensuales horizons defined.
In order to promote the development of coastal municipalities, the system will be operated so that the volume of already approved and pending transfer application is preferably maintained in reservoirs header, rather than in other stores in transit or destination, provided that such exploitation is compatible with a rational and integrated management of the whole system.
Except in catastrophic situations or extreme necessity duly motivated, to prevent the shipment of water, if they had not authorized transfused within the approved volumes expected at levels 1 and 2 may be transferred within three months end of period of authorization, unless a level change occurs.
Resources whose transfer has already been authorized may be used by users throughout the hydrological year, until the end. In the event that the end of the hydrological year in the catchment there any available volume of water transferred shall be subject to a new distribution, considered as usable resource for transfer applications corresponding to the following hydrological year.
The transfer has been authorized whose volumes are distributed between supply and irrigation, in the proportion of 25 percent for supply and 75 percent remaining for irrigation, to the maximum of their annual allocations, and always ensuring at least 7 , cubic hectometres 5 / month for urban supply.
2. The Central Commission for Exploitation of the Tajo-Segura authorize the transfers made when the hydrological conditions of Levels 1 and 2, and the Minister have attributed the responsibility for water on the report of the Commission, where the conditions Level 3. in the case of level 1 and 2 the authorization of transfers is best carried out by semesters, while in the case of level 3 is preferably performed by quarters, unless the competent authority justify in any level using different terms.
3. Prior to the first meeting of the hydrological year of the Central Commission for Exploitation of the Tajo-Segura character, and in any case before the first authorization of the transfer, exclusively at levels 1 and 2, the Directorate General for Water shall, for consideration by the Central Commission for Exploitation purposes of authorization a report justifying the water needs in areas and affections supplies the Tajo-Segura, which refer to the irrigated areas, the planned crops and for supplies to the estimated demands and the possibilities of existing regulation for such flows.
This report will be prepared by the Directorate General of Water from the water planning information, and should be updated semi-annually, in accordance with the provisions of the Regulation of Water Planning on hydrological monitoring plans.
Sixth additional provision. Natural paths.
1. Natural Path is defined as the path intended for a non-motorized, pedestrian and cycling mainly public use, that meets the following requirements:
A) built using existing public pathways, as former railway paths, trails, highways or riverside trails, among others.
B) Intended primarily to the realization of sporting, cultural and recreational activities such as hiking and cycling.
C) Located in the rural areas through along its path places with important natural, cultural, scenic or historical qualities, serving as a tool for the enhancement of the aforementioned qualities of the territory.
D) contribute to rural development by promoting economic diversification through the new tourist-related recreational activities.
E) identified with a trademark, with own graphic identity and signage. You have a standard in terms of dimensions, materials, design criteria, typography, colors, etc. signaling, as defined in the Manual Signaling dirt roads, using their logos and names protected by trade marks being "Caminos natural "and" natural Itineraries Motor No ".
2. The National Network of Natural Caminos will consist of dirt roads that meet the requirements defined by regulation. Its objectives are:
A) To promote friendly transport systems environment and low carbon, promoting sustainable peri-urban and interurban mobility and therefore the quality of life and health of the population.
B) Develop rural, environmental and cultural tourism.
C) to promote the socioeconomic development of the area of operation, by strengthening and diversification of economic resources, promoting employment and settlement of the population in rural areas.
D) Define the maintenance and conservation strategy of the National Network of Natural Caminos.
E) Evaluate the demand for itineraries to improve the already executed paths.
3. Natural roads included in the National Network of Natural Paths can be:
A) Itineraries basic character: long distance paths, which are part of one of the inter-regional backbones and / or border that are defined in the Master Plan of the National Network of Natural Roads,
B) secondary character Itineraries: paths that do not belong to the basic character, can give continuity, allow connection between roads already built or allow access to places of environmental or cultural interest.
4. In natural ways purview of the Ministry of Agriculture, Food and Environment the following functions:
A) Exercise the supervision and coordination of the National Network of Natural Caminos.
B) Develop the Master Plan of the National Network of Natural Paths as the main tool for planning and development, whose approval will be made by agreement of the Council of Ministers.
C) decide on the inclusion of new itineraries in the National Network of Natural Caminos. Also decide on the exclusion of any of them.
D) Run the works and maintain natural ways promoted by the Ministry of Agriculture, Food and Environment.
E) Assuming the execution of the works Natural Paths new addition to the network, unless otherwise agreed with the competent authorities.
F) Manage the trademark "Caminos Naturales" and "Natural non-motorized routes."
G) Monitoring and evaluation of the National Network of Natural Paths, particularly in regard to the proper maintenance of natural pathways by the promoters administrations.
H) Determine, in collaboration where appropriate with the competent authorities, the layout and design of natural ways to include in the network.
I) Promote agreements for the development of rural areas where dirt roads are located.
J) To represent Spain in equivalent international networks.
K) Set the operating model with the rest of the competent local authorities.
5. Natural Roads can be built at the initiative of Ministry of Agriculture, Food and Environment or at the request of other local authorities.
6. In the construction of natural paths defined above as basic character, the Ministry of Agriculture, Food and Environment may act directly or through subscription form appropriate collaboration agreements with the local authorities affected for the works.
7. To execute the actions corresponding to paths defined above as secondary character, the State Administration may request the declaration of general interest them, or use the ordinary procedure for awarding grants in kind provided for in Law 38/2003 through its processing on a competitive basis.
8. The Ministry of Agriculture, Food and Environment may decide to incorporate other routes built by other administrations to the National Network of Natural Caminos.
9. Regulations the requirements and procedures for the performance of the Ministry of Agriculture, Food and Environment in the construction of roads natural basic character and secondary character is determined.
Single transitional provision. Transitional arrangements for the amendment of Law 10/2001 of 5 July, the National Hydrological Plan.
The application of the third additional provision of Law 10/2001 of 5 July, regulating the National Hydrological Plan, be spread over time in accordance with the following requirements:
1. The implementation of the new reference level of 400 cubic hectometres for defining trasvasables surplus in the headwaters of the Tagus continue transitional arrangements so that this new level is reached at most in five years in accordance with the following procedure.
2. On the date of entry into force of the new Tagus Water Plan, prepared in accordance with the Water Framework Directive, the level 32 cubic hectometres will rise, and it will raise additional steps of 32 cubic hectometres on 1 January each year thereafter, up to 400 cubic hectometres end. Similarly, the curve definition of exceptional hydrological conditions will soar current staggered and simultaneous to their corresponding reference levels to reach the final curve.
3. If a level of 900 stocks dammed hectometres, both the new reference level of 400 cubic hectometres as the curve of exceptional conditions take effect immediately it reached at the beginning or at any time during the transitional period.
4. The Central Commission for Exploitation of the Tajo-Segura ensure the application of these criteria and resolve any incidents that may arise in the transition period.
1. the first additional provision of Law 11/2005 of 22 June, amending Law 10/2001 of 5 July 2001, the National Hydrological Plan is repealed.
2. Will remain in force Royal Decree 773/2014, of 12 September, amending various rules governing the transfer is approved by the Tajo-Segura.
First final provision. Amendment of Law 52/1980 of 16 October, the economic regime of exploitation of the Tajo-Segura.
The last paragraph of the first additional provision of Law 52/1980 of 16 October, the economic regime of exploitation of the Tajo-Segura passing the following wording is amended:
"On the contrary, if minor losses occur, additional resources generated will be distributed in seventy percent for irrigation, in proportion to the aforementioned irrigation areas, while thirty percent will be allocated to the province supplies Almería. "
Second final provision. Amendment of Law 10/2001 of 5 July, the National Hydrological Plan.
One. the third additional provision, which happens to be modified as follows:
"As for water transfers approved from the headwaters of the Tagus, they are considered surplus water impounded all the stocks in the whole of Entrepeñas-Buendía exceeding 400 cubic hectometres. Below this figure may not carry out transfers in any case.
This minimum volume may be revised in the future in accordance with changes effective experiencing the demands of the Tagus basin, according to the principles of efficiency and sustainability so as to ensure in any case their preferred character, and ensure that transfers from header can never be a limit or impediment to the natural development of the basin. "
Two. A new provision is introduced fifteenth additional, with the following wording:
"Additional provision fifteenth.
Will be carried out urgently, in accordance with criteria of viability, the works provided in Annex to the National Hydrological Plan that have not yet been executed and allow Castilla-La Mancha use the infrastructure of the Tajo -Segura, and the corresponding resources you have allocated and reserved. "
Final disposition third. Amendment of Law 8/2003 of 24 April, Animal Health in sanitary performances huntable species.
An article 16 bis to Law 8/2003 of 24 April, Animal Health, which is worded as follows is added:
"Article 16a. health measures in hunting species.
In order to ensure the good health status of game species and to prevent disease transmission between them or to domestic livestock:
1. All holdings producing game species must meet the sanitary requirements legally established. Also, the movement of animals from these farms will be regulated by regulation.
2. Statutorily animal health requirements that different land both sport hunting as special regime set out in Title II must comply be established. These requirements include, in particular, monitoring systems to detect the presence of diseases and actions in the case of transmission risk they should be addressed both by the competent authorities as managers or managers of the land. "
Fourth final provision. Amendment of Law 5/2013 of 11 June, amending Law 16/2002, of July 1, integrated prevention and control of pollution and the Law 22/2011 of 28 July, amending waste and contaminated soils.
The second final provision of Law 5/2013 of 11 June, amending Law 16/2002, of July 1, integrated prevention and control of pollution and amending the Act is amended 22 / 2011 of July 28, waste and contaminated soil, which shall read as follows:
"Second final provision. Authorization to draw up a revised text on integrated prevention and pollution control.
Authorizing the Government to develop and approve, before December 31, 2016, a consolidated text which are integrated, duly regularized, clarified and harmonized Law 16/2002, of July 1, prevention and control integrated pollution and the provisions on industrial emissions contained in rules with the force of law. "
Final provision fifth. budgetary impact.
The measures included in this standard shall not entail any cost and will be conducted with the personal and technical means available materials without increasing endowments, fees or other expenses of personnel working for the General State Administration.
Sixth final provision. Enabling powers.
second and fourth are issued under the exclusive competence of government securities referred to in Article 149.1.13 of the Constitution, which grants the State competence on bases and coordination of general planning of economic activity .
The final provision is issued under the exclusive competence of the State title under Article 149.1.13, 16th and 23rd of the Constitution, which reserve the State exclusive competence on bases and coordination of general planning of economic activity, bases and overall coordination of health and basic legislation on environmental protection.
The sixth additional provision is issued under the exclusive competence of the State title under Article 149.1.23.ª of the Constitution, which reserves to the State exclusive competence in basic legislation on environmental protection.
The fifth additional provision, the only transitional provision, the repeal provision, and first and second final provisions are issued under the provisions of Article 149.1.22.ª of the Constitution, which grants the State exclusive jurisdiction on legislation, regulation and concession of hydraulic resources and development when the waters flow through more than one Autonomous Community.
Seventh final provision. Entry into force of the law.
This law shall enter into force three months after its publication in the "Official Gazette".
Command all Spaniards, individuals and authorities to observe and enforce this law.
Madrid, July 20, 2015.
The Prime Minister,
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