Order Aaa/1441/2015, 16 July, Which Created The Spanish National Committee Of Large Dams.

Original Language Title: Orden AAA/1441/2015, de 16 de julio, por la que se crea el Comité Nacional Español de Grandes Presas.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-8046

The International Commission of large dams (ICOLD) is a scientific and technical organization created in 1928, whose headquarters are located in Paris. Its main objectives are the improvement of the design, the construction, operation and maintenance of dams in the world, which promotes the exchange of experiences among its member countries.

The Commission is integrated by a joint wide of countries that can encrypt is in around one hundred, belonging to the different continents. All of them aware of the importance of the dams, expressed their willingness to participate in the technical knowledge on different aspects (geographical, economic, political and technical) that accompany these infrastructures, highlighting the search for the best available techniques.

The operation of the Commission is articulated on a twenty of committees technical, dedicated to different aspects related with them dams and reservoirs. By way of example: auscultation and monitoring of dams, operation, maintenance and rehabilitation of dams, information to the public and education, role of dams in the development and management of river basins, dams and avenues, dams and global climate change, safety of dams, public safety around dams.

The functioning of the Commission through these committees allows Member countries to make contributions in areas where the country has achieved a degree of outstanding knowledge and at the same time draw on the contributions that makes other countries in matters which have greater experience. In this sense, Spain presides or leads five of these technical committees.

Spain was one of the first members of ICOLD and its representation holds it the Spanish National Committee of large dams (SPANCOLD is its international acronym).

Currently, SPANCOLD is an important collective multidisciplinary open to the society, that is structured in twenty-three committees technical that produced documents of reference (guides technical and manual) for the sector of activity related with them dams and that also participate very actively in those committees homonyms of ICOLD.

Among the activities developed by the Spanish National Committee of large dams should highlight those relating to relations that for decades has established with bodies of management of the water of different countries with the purpose of supporting the export of Spanish technology of dams and reservoirs, recognized throughout the world as one of the most leading and most prestigious.

On the other hand, the Committee carries out training of professionals specialized in dams and reservoirs, organizing courses, technical seminars and international symposia; between these activities highlights the teaching of a Master International, approved as title own of the University Polytechnic of Madrid (UPM), that enrolled students Ibero-American of them countries integrated in the Conference of Directors Ibero-American of the water. (CODIA).

The Spanish National Committee of large dams (SPANCOLD) was created by order of the Ministry of public works on December 28, 1955, as a collegiate body of the General Administration of the State that serves as a link to the activity developed by the international organization International Commission of large dams. Figure registered in the inventory of bodies members of the Ministry of Hacienda and administrations public. Thus consists of mode express in the report issued by the Ministry of Administration public of 13 of September of 2007. Your organization internal and operation respond to the principle of secondment organic and dependency own of those organs administrative.

Notwithstanding the foregoing, in the database of collegiate bodies in the Ministry of agriculture, food and environment the cited Committee is not registered. Of the same mode, not is is formally rated in none of them groups that provides the article 39 of the law 6 / 1997, of 14 of April, of organization and functioning of the Administration General of the State. For this reason, it is necessary to proceed to its formal creation and proper classification in terms which designates the aforementioned law 6/1997, of 14 April.

Their statutes date of the year 1971, and were approved by order communicated of 17 of September of the then Minister of works public, and have been updated the 20 of February of 2001, but not are adapted to the requirements of the legislation existing in the matter.

As a result, it is necessary to create the Spanish National Committee of large dams and regulate their operation in accordance with the provisions of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, in relation to the legal regime of the colleges. This creation should extend is also to them demands of the cited law 6 / 1997, of 14 of April, that in their articles 38 to 40 sets them requirements for constitute organs collegiate, the classification and composition of them same and it form and procedure for its creation, of such mode that is set for the Committee national Spanish of large dams a regime legal right and enough.

By virtue, with the prior approval of the Minister of finance and public administration, have: article 1. Object.

The purpose of this order is the creation and regulation of the Spanish National Committee of large dams as a collegiate body of ministerial character, attached to the Ministry of agriculture, food and environment through the General direction of the water.

The Committee is integrated in the Commission International of large dams.

Article 2. Purposes of the Spanish National Committee of large dams.

The purposes of the Committee are as follows: to) promote the progress of the project, construction, conservation and exploitation of large dams and reservoirs; in the framework of a development sustainable of the water.

(b) to promote research on the environmental conditions of the dams and reservoirs, as well as on the analysis of the measures necessary for the preservation of the environment.

(c) disclose to the public knowledge of the benefits which, for the general welfare, are derived from large dams and their reservoirs.

(d) contribute to the improvement of the technical and security of them large dams and its adaptation to the specific circumstances national.

(e) encourage the study, construction and exploitation of large prey technology.

(f) facilitate exchanges of knowledge and coordination among professionals, organizations, and public and private companies related to the project, as well as the construction and operation of large dams.

Article 3. Structure and mode of action of the Committee.

1. the Committee shall consist of a President, a Vice President, thirty regular members, thirty vowels alternate and a Secretary General.

2 the Committee may act in plenary, Executive Committee and technical committees: a) the plenary of the Committee shall consist of the President, Vice President, Secretary General and the members. The plenary will meet at least four times a year.

b) La Commission delegate of the plenary shall be composed of the President, Vice President, Secretary General and four members elected by Parliament for a period of four years, renewable once. The Executive Committee shall meet at least six times a year. Its main function is to coordinate the technical committees, which will be integrated by vowels.

(c) the technical activities of the Committee will be developed through technical committees, charging each of them propose activities to develop.

3. the technical committees will develop technical activities related to the different aspects related to dams and reservoirs. Your number will be similar to the of those committees technical of the Commission International, currently formed by twenty-three.

Each Committee will be chaired by a Director technical, that to his time hold the condition of Vocal holder in the Committee national Spanish.

The activity of those committees is will develop of form permanent, can be assisted by professional experts in the matter.

Article 4. Designation of the members of the Committee.

1. the President shall be appointed by the Minister of agriculture, food and environment to proposed of the full of the Committee. Its mandate will be of four years renewable for equal period.

2. the Vice President also will be appointed by the Minister of agriculture, food and environment. The appointment will be in the Director General of the water.

3. the vocal will be appointed by the full between professional of them different sectors of activity related with the large dams. Of them, six shall hold the status of civil servant's career, belonging to the General direction of water or any of the hydrographic confederations, with an administrative level equivalent to head of Area, which will be proposed by the Director General of water to his appointment by the plenary.

Members may also hold the status of Director in the corresponding technical Committee, by designation of the plenary.

4. the alternate members shall be appointed by the plenary similarly planned for the titular members.

5. the Secretary-General shall be appointed by the plenary on the proposal of the President from among the members. His appointment will be for a period of four years.

Article 5. Activities of the Committee.

For the compliance of them purposes designated in the article 2, the Committee held the following activities: 1. the exchange of information with the Commission International of large dams and with them others committees national that it integrate, and in particular with them of speaks Spanish and them of the Club European of the Commission.

2. the Exchange and coordination of information with professionals, organisations and public and private companies represented in the Committee, and any other related purposes.

3. the encouragement and coordination of the Spanish contribution to the meetings and work of the Commission, or other international, which have be dealt with technical issues related to the purposes of the Committee.

4. the broadcasting of publications and documents related with their own purposes, between them, them prepared or written by the Committee itself, the Commission, and by others committees national.

5. the Organization of working groups, conferences, courses, meetings and conferences of national level, with a view to keep up to date information in the field of large dams, as well as possible assistance and intervention in other national meetings on related topics.

6. the promotion and training of groups of study and committees technical about topics related with their purposes.

7. the emission of reports and studies when was required for this, and whose custom is accepted by the Committee.

8. the promotion of the best vocational training at all levels, of issues related to large dams.

9. the promotion of progress in legislation and Spanish regulations related to dams.

10. the publications of the Committee related to dams, as well as the elaboration of technical guides in the field of the dams and their reservoirs.

11. the translation to the Spanish of newsletters and publications of the Commission, as well as of other agencies international.

Article 6. Operating regime.

1. the Committee will adapt its operation and the regime of agreements the provisions of chapter II of title II of law 30/1992, of 26 November. In concrete, is apply the regime of substitutions intended in the article 24.3 of the law.

2. in the same way, the Committee may set up and adopt agreements by electronic means, in the terms established by the law 11/2007, of 22 June, of electronic access of citizens to public services.

3 plenary sessions shall be convoked with a period of fifteen days in advance.

4. them needs derived from the operation of them commissions will be served with them means personal and materials of the address General of the water, without this suppose increase of the expenditure public.

Article 7. Agreements.

1. in them cases in that was must carry to out a vote, the full of the Committee will adopt its agreements by majority of votes. All members of the plenary shall have the right to vote.

2. in case of absence or illness and, in general, when concur any cause justified, them vocal holders will be replaced by his alternate. This fallback is only valid for a certain plenary meeting, circumstance that shall be indicated in the letter that the vowel should be directed to the effect to the Chairman of the Committee.

3. the agreements is adopted by most simple of them votes. Decisions, marked technical nature, shall be adopted upon deliberation to reach a common opinion.

Article 8. Election of the members of the Committee.

1 will be elected the candidate who has obtained more than 50% of the votes cast. If no candidate obtains that majority, is held a second vote in which will be chosen the candidate that get greater number of votes.

2. to take part in the Executive Committee will be elected the candidates who obtained one number of votes greater than 50% of the issued lists. If this is not covered all of the posts, will be held a second vote in the same way but reduced to the jobs that remain on the cover, which shall be elected the top candidates.

3. the Secretary-General of the Committee shall be elected by the plenary session, on the proposal of the President, within the maximum period of one year from the beginning of the mandate of the President. In the vote you must obtain more than 50% of the votes cast.

4. one once a year, at a minimum, will be scheduled elections, at a meeting of the plenary, to fill the vacancies of regular members of the Committee. For this will update the list of vocal holders. There will be a separate vote for each vacancy Vocal holder, who shall be elected if more than 50% of the votes of the members present and represented. Otherwise, a run-off will be held with the three top candidates. If, for this second vote, in third place had been a tie of votes among the candidates, they will be included in the vote the candidates tied. The candidate who obtained the largest number of votes in this vote will be chosen.

Article 9. Unpaid character of its members.

All members of the Spanish National Committee of large dams shall exercise their powers and meet their responsibilities without remuneration of any kind in return.

Available to transient only. Appointments prior to this order.

All the members that make up the Spanish National Committee of large dams to the date of the publication of this order remain in force their appointments without solution of continuity, to renewal, if it proceeds, provided for in article 2, provided that the position it holds that matches the structure of the College which is approved by the present order.

Provision repealing only. Repeal legislation.

Is repealed the order of the Ministry of works public, of 28 of December of 1955, by which be governed the Committee national Spanish of large dams.

Available end first. No increase in public spending.

1. the operation of the Committee national Spanish of large dams not will mean increase of expenditure public and is will serve with them contributions that can receive of entities public or private, with them income that get as consequence of the realization of studies, reports, courses, Conference technical and activities of advice technical specialized that bears to Cape.

Without limiting the foregoing, the General direction of water, shall make available to the Committee the use of rooms and spaces that were necessary for the realization of their activities, as well as the necessary administrative support to them, in accordance with article 6(4).

2. the assistance to the sessions of the organ from their members or of them professional experts in any case will give place to the perception of remuneration or compensation.

Second final provision. Entry in force.

This order shall enter in force the day following to the of your publication in the «Bulletin official of the State».

Madrid, 16 of July of 2015.-the Minister of agriculture, food and environment, Isabel García Tejerina.