Order Aaa/1266/2015, Of 25 June, Which Creates The Committee Of Standards For Large Dams And Regulate Its Composition And Functions.

Original Language Title: Orden AAA/1266/2015, de 25 de junio, por la que se crea la Comisión de Normas para Grandes Presas y se regulan su composición y funciones.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-7239

The Committee of standards for large dams was created by order of the then Ministry of public works on January 15, 1959, with the Mission of preparing the technical instructions for the design, construction and operation of dams and reservoirs.

Subsequently, by order of 26 April 1965, the Commission was set up as a permanent consultative body, empowered to propose the modification or maintenance of the applicable technical rules in the field of the construction and operation of large dams, and to technically advise the Government on these matters; nature and functions that were repeated by order of 31 March 1967.

Last, by order of the Ministry of environment of 5 October 1999 was regulated the composition and functions of the Committee on standards for large dams. In that order adapts its legal provisions in article 40.4 of the law 6/1997, of 14 April, organization and functioning of the General Administration of the State, as well as performance and regime for the adoption of their agreements conforms to the provisions of chapter II of title II of law 30/1992 26 November, legal regime of public administrations and common administrative procedure.

The adoption of the Royal Decree 9/2008 of 11 January, amending the regulation of the domain public hydraulic, approved by Royal Decree 849/1986, of 11 April, introduced the title VII, concerning the safety of dams, reservoirs, and ponds, which introduces important modifications on the existing dam safety regulations, such as incorporating the rafts of water within the scope of and establish unique safety criteria for all dams, reservoirs, and ponds.

The criteria referred to in the aforementioned Royal Decree must be collected in a technical safety regulations which will be approved by the Government by Royal Decree. The established system of security is centred on two basic aspects: the obligations required of the owner of the dam or raft, defined in technical safety standards, and the control of security, understood as the set of actions to be carried out by the public administration competent to verify that the holder has complied with provisions of these technical safety standards.

The adoption of the Royal Decree 9/2008 of 11 January, coupled with the increasing technical complexity of the phases of design, construction and operation of dams and reservoirs in the security-related aspects, makes advisable that the bodies of the General State administration with competences in the field of waterworks have a qualified advice at security in order to avoid possible malfunctioning of technical works and actions that must be undertaken, guaranteeing the security of persons and goods in any case.

In this regard, the work may not ignored for decades by the standards Commission for large dams in order to study and examination of numerous problems related to the safety of dams, or the developed functions that have always been intended for consideration and proposed reform of the rules of a technical nature. In this sense, it is necessary to highlight the number of dams classified in Spain as «large dams» has evolved to the current figure of environment to the thousand three hundred.

Rationalization, economy in public expenditure and efficiency criteria set out in the Royal Decree 776/2011, of 3 June, whereby certain colleges are abolished and establishing criteria for standardization in the creation of bodies registered in the General Administration of the State and its public bodies have been taken into account in the determination of the composition of the Commission. Thus, while the functions of the body are increased in importance and complexity in recent years, the number of members of the body is maintained in an attempt to comply with the above-mentioned principles.

The reasons stated clearly justify that this Commission is the body responsible for providing qualified advice requiring the General State administration bodies. Between own advisory work, the Rules Committee will work on the study of technical solutions aimed at improving the safety of dams and reservoirs and in the drafting of proposals for technical standards and general provisions in the field of the safety of dams that will submit for consideration by the competent bodies of the General State administration.

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

Creates the Committee of standards for large dams, ascribed to the Ministry of agriculture, food and environment in the General direction of water, as an advisory body and technical advice and safety of dams and reservoirs on the basis as provided in article 40.1 of law 6/1997, of 14 April, organization and functioning of the General Administration of the State.

Article 2. Functions of the Committee on standards for large dams.

The Commission has the following functions: to) develop proposals on technical safety standards of dams and reservoirs, as well as to develop proposals on other regulatory provisions within the scope of the safety of dams, reservoirs, and ponds that can subsequently be developed at the request of the holder of the General direction of the water.

(b) technical advice on security related to the project, construction and operation of dams and reservoirs, at the request of the holder of the General direction of water or body which, in his case, assume its powers.

Article 3. Composition of the Committee of standards for large dams.

1. the Commission shall be composed of twelve vowels, of which one is also the President and another hold the post of Vice President. All of them are experts in matters related to the functions entrusted to the Commission. In General, the vowels will be professionals with proven experience in issues related to security in different phases which passes through the life of a dam.

2. the President shall be appointed by the Minister of agriculture, food and environment; the appointment will be held by the holder of the General direction of the water.

3. of the total number of vowels, four will have the status of officials, as well as the Secretary. They may be members of the Committee on standards, officials belonging to the General direction of the water or to the hydrographic confederations, which have a minimum equivalent administrative Area Chief, or since level 28 level. His appointment will be made by the Minister of agriculture, food and environment, on a proposal from the head of the General direction of the water.

Article 4. Secretariat of the Commission.

The Secretariat of the Commission will be carried out by an official of the General direction of water, designated by the holder of the Directorate-General, who will attend the meetings with voice but without vote. You will have at a minimum the administrative level of head of service or as equivalent of level 26.

Article 5. Sessions of the Committee of standards for large dams.

1. the Commission shall meet at least once a year and many times its Chairman, to convene on its own initiative or at the request of half of its members.

2. in the same way, the Commission 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.

Article 6. Operating regime and adoption of agreements.

1. the Commission will adapt its operation and the regime of agreements the provisions of chapter II of title II of law 30/1992, of November 26, the legal regime of public administrations and common administrative procedure.

2. the needs arising from the functioning of the Commission will be answered with the personal media and materials of the General direction of water, without involving increased public expenditure.

Article 7. Unpaid character of the vowels.

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

Sole repeal provision. Repeal legislation.

They are hereby repealed many provisions of equal or lower rank is contrary to the provisions of this order, and in particular the order of the Ministry of environment of 5 October 1999 which regulates the composition and functions of the Committee on standards for large dams.

Sole final provision. Entry into force.

This order shall enter into force the day following its publication in the "Official Gazette".

Madrid, 25 June 2015.-the Minister of agriculture, food and environment, Isabel García Tejerina.