|
URÍA & MENÉNDEZ
|
|
|
The information contained in this Newsletter is of a general nature and does not constitute legal advice |
|
ENVIRONMENTAL NEWSLETTERNATIONAL RULES
Royal Decree 2129/2004, of October 29, which amends Royal Decree 650/1987, of May 8, by which the Territorial Scope of the Basin Bodies and the Hydrologic Plans are Defined. Spanish Official Gazette of November 6, 2004. (More information) Transfer of Functions. Hydraulic Resources and Uses. Royal Decree 2130/2004, of October 29, on the Transfer of Functions and Services from the Central Government to the Autonomous Region of Andalusia regarding Hydraulic Resources and Uses. Spanish Official Gazette of November 16, 2004 and B.O.J.A. of December 7, 2004. (More information)
Environmental related Tax and Administrative Measures. Law 12/2004, of December 29, on Tax and Administrative Measures of the Aragón Government. B.O.A. of December 31, 2004. (More information) Urgent Measures on Environment. National Parks. Law 8/2004, of December 20, on Urgent Measures on Environment. B.O.A. of December 27, 2004. (More information) Autonomous Region of Cantabria Wastewater Discharges into the Sea. Decree 104/2004, of October 21, by which Decree 48/1999, of April 29, on Discharges into the Coastal Areas of the Autonomous Region of Cantabria is modified. B.O.C. of November 3, 2004. (More information) Autonomous Region of Valencia Acoustic pollution. Decree 266/2004, of December 3, which Establishes Regulations on the Prevention and Correction of Acoustic Pollution in Relation to Activities, Premises, Buildings, Works and Services. D.O.G.V. of December 13, 2004. (More information) Balearic Islands Environmental related Administrative, Tax and Civil Service Measures. Law 8/2004, of December 23, on Administrative, Tax and Civil Service Measures. B.O.I.B. of December 30, 2004. (More information) Autonomous Region of Navarra Control of the Inherent Risks of Serious Accidents Where Dangerous Substances are Involved. Decree 336/2004, of November 3, which regulates the application of Royal Decree 1254/1999, of July 16, which approves the Measures for Controlling Inherent Risks of Serious Accidents Where Dangerous Substances are Involved, in the Autonomous Region of Navarra. B.O.N. of November 26, 2004. (More information)
|
|
NATIONAL RULES
Territorial Scope of the Basin Bodies.
The transfer of the functions and competence from the South Basin Body -Confederación Hidrográfica del Sur (whose territorial competences included the cities of Ceuta and Melilla) to the Autonomous Region of Andalusia (see reference to Royal Decree 2130/2004, in this Newsletter) requires that the necessities of those Autonomous Cities are attended to with due guarantees, and in accordance with the regulations on hydraulic resources established under the applicable legislation.
Royal Decree 2129/2004 modifies Royal Decree 650/1987, of May 8, by which the Territorial Scope of the Basin Bodies and the Hydrologic Plans have been established, to include the Autonomous Cities of Ceuta and Melilla within the jurisdictional scope of the Guadalquivir Basin Body - Confederación Hidrográfica del Guadalquivir.
Transfer of Functions. Hydraulic Resources and Uses.
By virtue of Royal Decree 2130/2004, functions and services regarding hydraulic resources and uses listed in the Agreement of the Comisión Mixta de Transferencias, which is regulated in the Second Temporary Provision of the Estatuto de Autonomía for Andalusia, are transferred from the Central Government to the Autonomous Region of Andalusia in the terms and conditions specified therein. Moreover, the corresponding goods, rights, obligations, personal resources and budgetary loans, under the terms established by the Agreement of the Comisión Mixta and from the lists annexed thereto, are also transferred.
The transfers referred to in Royal Decree 2130/2004 shall be effective from the date indicated in the Agreement of the Comisión Mixta, without prejudice to the fact that the Ministry of Environment may undertake, if necessary, the administrative acts necessary in order to maintain the services in the same regime and on the same level of functioning as they had when the Agreement was adopted, up to the date of its entering into force.
AUTONOMOUS REGIONS RULES
Autonomous Region of Aragón
Environmental related Tax and Administrative Measures.
The most important news on environment introduced by Law 12/2004 can be summarized as follows:
With regard to waters, Law 12/2004 modifies Law of the Autonomous region of Aragón 6/2001, of May 17, on Water Management. In particular, paragraph 3 of the Seventh Additional Provision of Law 6/2001 is modified. As a result, the term to issue the reports to the National Hydrologic Plan and to the hydrologic plans of basins which affects the territorial field of the Autonomous Region of Aragón, binding pending approval of such plans, shall in both cases be two months instead of the four and two months originally provided, respectively, for the National Hydrologic Plan and the hydrologic plans of basins. If an express decision has not been made upon the expiry of this term, it shall be considered to be a favourable one.
On the other hand, Law 12/2004 also modifies Law 6/1998, of May 19, on Natural Protected Spaces of Aragón, for the purposes of carrying out a reform which allows for a more effective management of these natural protected spaces. This will subsequently strengthen the sustained development and their socio-economic influence.
Finally, Law 12/2004 modifies the sanctioning regime established under the regulations of the different protected spaces in order to adapt them to what is provided by Law 6/1998.
Urgent Measures on Environment. National Parks.
Law 8/2004, of December 20, on Urgent Measures on Environment. B.O.A. of December 27, 2004.
In order to coordinate the management systems of all the protected spaces of the Autonomous Region of Aragón and to establish common guidelines which play a part in the protection of their values and to the sustainable use of their resources, Law 8/2004 creates the so called “Natural Net of Aragón”. This Law integrates the protected natural spaces regulated by Law 6/1998, of May 19, on Natural Protected Spaces of Aragón, the wetlands of international relevance included in the RAMSAR Convention, the Biosphere Reserves, the spaces included within the Natura Net 2000, the wetlands and the singular trees and any other habitat or element which may be identified as being of natural interest in the Autonomous Region of Aragón.
On the other hand, the powers of the Autonomous Region of Aragón on waste management are confirmed, save for the powers reserved for the local entities by the legal system. Moreover, the personnel who carry out surveillance functions regarding the protection for the environment are granted with the powers of agents (with regard to functions of environmental protection and limited to the territorial scope of their competence).
Autonomous Region of Cantabria
Wastewater Discharges into the Sea.
Decree 48/1999, of April 29, on Discharges into the Coastal Areas of the Autonomous Region of Cantabria, grants the Environmental and Territorial Management Department and, within it, the General Directorate of Environment and the Territorial Management with the powers of authorization, inspection, and surveillance and to a sanctioning regime with regard to discharges into the sea in Cantabria.
The new concept of “basin body” introduced by Directive 2000/60/EC of the European Parliament and of the Council, of October 23, establishing a framework for Community action in the ambit of water policy, includes continental, transitional (estuaries) and coastal waters in the same field of management. Decree 48/1999, of April 29, on Discharges into the Coastal Waters of the Autonomous Region of Cantabria has been modified in order to attribute the powers on the subject it regulates to the General Directorate of Hydraulic Works and Integral Cycle of Water and not to the General Directorate of Environment and the Territorial Management, which has been the body assigned up to this date.
Autonomous Region of Valencia
Acoustic pollution.
With the approval of Decree 266/2004 (together with other regulations, such as Decree 19/2004, of February 13, of the Consell de la Generalitat Valenciana, which establishes regulations for the control of the noise produced by motor vehicles) there has been an attempt to detail the guidelines established by Law 7/2002, of December 3, of the Generalitat Valenciana, on the Protection Against Acoustic Pollution, for the purposes of reducing acoustic pollution of the environment.
Decree 266/2004, which partially implements Law 7/2002, has as its object to establish the mechanisms for monitoring noise produced by the different activities, works and services. Moreover, the evaluation levels and the limit values for noise and vibrations are established, not including within this scope noise produced by means of transport (both motor vehicles, which shall be regulated by Decree 19/2004, and noises produced by other transport infrastructure).
Balearic Islands
Environmental related Administrative, Tax and Civil Service Measures.
The most important news on the environment introduced by Law 8/2004 may be summarized as follows:
With regard to water, Law 8/2004 sets aside Article 55 of Royal Legislative Decree 1/2001, of July 20, which approves the Consolidated Text of the Law on Waters, by replacing it with a new wording in which the powers of the hydraulic administration in the territory of this Autonomous Region are listed.
With regard to classified activities, Law 8/2004 sets aside the regulation on minimum distances established under the Regulations on annoying, unhealthy, harmful and hazardous activities in relation to waste water treatment plants.
Autonomous Region of Navarra
Control of the Inherent Risks of Serious Accidents Where Dangerous Substances are Involved.
Decree 336/2004 has as its object the regulation of the application of Royal Decree 1254/1999, of July 16, which Approves the Measures for Controlling Inherent Risks of Serious Accidents Where Dangerous Substances are Involved, in the Autonomous Region of Navarra. This Decree is applicable to establishments and premises which carry out their activities or have their head offices in the Autonomous Region of Navarra, included in Article 2 of Royal Decree 1254/1999, with the exceptions established under this Royal Decree.
In the Autonomous Region of Navarra, and in accordance with those functions which have been attributed as being established by Decree 336/2004, for the effects of Royal Decree 1254/1999 the competent bodies are the Navarra Government; the Presidency, the Justice and Interior Department; the Industry, Technology, Trade and Labour Department; and the Environment, Territorial Management and Housing Department. In addition, an inspection system together with the adequate measures for each type of premises, which shall at least fulfil the conditions established by paragraph 2 of Article 19 of Royal Decree 1254/1999, shall be established alongside the participation of the aforementioned Departments.