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URÍA & MENÉNDEZ
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The information contained in this Newsletter is of a general nature and does not constitute legal advice |
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ENVIRONMENTAL NEWSLETTERNATIONAL RULES
Royal Decree-Law 5/2004, of August 27, by which the Regime of Greenhouse Gas Emissions is regulated. Spanish Official Gazette of August 28, 2004. (More information) Protocol of Kyoto. National Greenhouse Gas Emissions Allocation Plan (2005-2007). Royal Decree 1866/2004, of September 6, by which the National Greenhouse Gas Emissions Allocation Plan (2005-2007) is approved (Spanish Official Gazette of September 7, 2004) and Resolution of the General Secretariat for the Prevention of Pollution and Climate Change, of September 7, 2004, by which the provisional list of premises included within the scope of the Royal Decree-Law 5/2004 is approved. Spanish Official Gazette of September 10, 2004. (More information)
Integrated Pollution Prevention and Control. Law 4/2004, of July 1, which regulates the Procedure to Adapt the Activities causing Environmental Impact to Law 3/1998, of February 27, on the Integral Intervention of the Environmental Administration. D.O.G.C. number 4167, of July 5, 2004. (More information) Autonomous Region of Valencia Country planning and landscape. Law 4/2004, of June 30, on Town and Country Planning and Landscaping Protection. D.O.G.V. number 4788, of July 2, 2004. (More information) Natural Municipal Spots. Decree 161/2004, of September 3, which regulates the Natural Municipal Spots. D.O.G.V. number 4837, of September 8, 2004. (More information) Autonomous Region of Galicia Maritime Public Domain. Decree 199/2004, of July 29, by which the Regional Competences in the Area of Protection of the Maritime Public Domain are regulated. Galician Official Gazette number 157, of August 13, 2004. (More information)
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NATIONAL RULES
Protocol of Kyoto. Commerce of Greenhouse Gas Emissions.
Royal Decree-Law 5/2004, of August 27, by which the Regime of Greenhouse Gas Emissions is regulated. Spanish Official Gazette of August 28, 2004.
Royal Decree-Law 5/2004, which came into force the day following its publication in the Spanish Official Gazette, has been enacted for the purpose of implementing in Spain Directive 2003/87/UE of the Parliament and of the Council, of October 13, 2003, and to establish a regime for the commerce of greenhouse gas emissions and to promote a reduction in the emission of these gases in an effective and economic manner.
These initiatives are part of the requirement to comply with the obligation acquired by Spain to reduce emissions of greenhouse gases, in accordance with the Protocol of Kyoto and the United Nations Framework Convention on Climate Change.
For this reason, Royal Decree-Law 5/2004 sets forth the legal regime for the trade of greenhouse gas emissions as one of the instruments regulated under the Protocol of Kyoto and which will be of application regards the emissions of carbon dioxide from the premises and installations carrying out the activities included in its Annex I.
The owners of such premises and installations must have applied for and obtained an authorisation for greenhouse gas emissions by September 30, 2004. The competent agency which grants this authorisation will be the one which is appointed by the Autonomous Region where the premises are located. Moreover, the owner of each of these premises must apply for an individual allocation of greenhouse gas emissions to the Ministry for the Environment for the period of validity of each National Greenhouse Gas Emissions Allocation Plan.
Finally, Royal Decree-Law 5/2004 has also created the Committee for the Coordination of the Policy of Climate Change (Comisión de coordinación de políticas de cambio climático), as an agency of coordination and collaboration between the Central Government and the Autonomous Regions for the implementation of the legal regime of the commerce of greenhouse gas emissions.
Protocol of Kyoto. National Greenhouse Gas Emissions Allocation Plan (2005-2007).
Royal Decree 1866/2004, of September 6, by which the National Greenhouse Gas Emissions Allocation Plan (2005-2007) is approved (Spanish Official Gazette of September 7, 2004) and Resolution of the General Secretariat for the Prevention of Pollution and Climate Change, of September 7, 2004, by which the provisional list of premises included within the scope of the Royal Decree-Law 5/2004 is approved. Spanish Official Gazette of September 10, 2004.
As a complement to Royal Decree-Law 5/2004, Royal Decree 1866/2004, which came into force the day following its publication in the Spanish Official Gazette, has approved the National Greenhouse Gas Emissions Allocation Plan for the period 2005-2007.
In accordance with the Plan, the total number of emission allowances that will be allocated in Spain for the period 2005-2007 is 172.31 million allowances/year for the sectors included within the scope of Royal Decree-Law 5/2004.
This allocation is consistent with the objective that the emissions in Spain for the period 2005-2007 are stabilized in accordance with the average volume of the emissions of the last three years (2000-2002), with an additional increase of 3.5% of emissions for those new premises subject to this regulation. In the next Allocation Plan (2008-2012), an additional reduction will be required to comply with the objectives set forth in Directive 2003/87/UE.
The National Greenhouse Gas Emissions Allocation Plan (2005-2007) also regulates the procedure to allocate the allowances. In accordance with this procedure, the sectorial scenario is divided in two sectors: the industrial and the electrical. In relation to the new the new premises subject to this regulation, the allocation will simply be carried out in order of application.
Finally, the Resolution of the General Secretariat for the Prevention of Pollution and Climate Change has approved the provisional list of premises included within the scope of Royal Decree-Law 5/2004. Said list will be definitive only once the allocation of greenhouse gas emissions allowances regulated under Royal Decree-Law 5/2004 has been completed.
AUTONOMOUS REGIONS RULES
Autonomous Region of Catalonia
Integrated Pollution Prevention and Control.
Law 4/2004, of July 1, which regulates the Procedure to Adapt the Activities causing Environmental Impact to Law 3/1998, of February 27, on the Integral Intervention of the Environmental Administration. D.O.G.C. number 4167, of July 5, 2004.
Law 4/2004, which entered into force the day following its publication in the D.O.G.C., attempts to correct the malfunctions caused by the adaptation procedure of the activities with and environmental impact to Law 3/1998, of February 27, on the Integral Intervention of the Environmental Administration of Catalonia.
For this reason, in accordance with what is stated in Law 4/2004, those activities with an environmental impact classified in Annex I and II of Law 3/1998 which have not been granted nor applied for the environmental authorization or the environmental licence when Law 3/1998 entered into force, must apply for them according to what is established under the Adaptation program to Law 3/1998 of the activities with environmental impact, which shall be issued by the regional government.
This Adaptation program shall be drawn up taking into consideration, among other criteria, that (i) the adaptation procedure of those activities with an environmental impact to the environmental authorization and the environmental licence regime which must be carried out in a staggered manner depending on the seniority of the municipal activity licences and sectorial authorizations on environment, the vulnerability of the potentially affected environment and the type and number of affected activities; and (ii) the adaptation procedure must end prior to January 1, 2007.
Together with this adaptation procedure to Law 3/1998, Law 4/2004 also regulates a specific coercive procedure in order to guarantee the effectiveness of such adaptation procedure.
Country planning and landscape.
Law 4/2004, of June 30, on Town and Country Planning and Landscaping Protection. D.O.G.V. number 4788, of July 2, 2004.
Law 4/2004, which entered into force the day following its publication in the D.O.G.V., has as its object the regulation of the framework of the town and country planning in the Autonomous Region of Valencia, which shall be developed through the instruments which the Law 4/2004 itself establishes. Moreover, such instruments for the town and country planning must be based on the criteria for the town and country planning established under Law 4/2004, without prejudice, in its case, to their nature as regulations of direct enforceability.
Law 4/2004 regulates such strategic issues as landscape, housing, coasts, water or infrastructures, and adopts a resolute position regarding the prevention of natural or induced risks and the protection of the environment, among others. In addition, Law 4/2004 decisively contributes to sustainable development by ordering those acts which have a direct or indirect impact on natural resources such as soil and water, and by promoting the energy saving and a higher efficiency in the energy consumption, as well as energy production through renewable sources.
On the other hand, measures for the control of the effects on the landscape of activities with territorial incidence are established. Among those control measures are the requirements for specific landscape studies for the development of the town and country planning instruments.
Decree 161/2004, of September 3, which regulates the Natural Municipal Spots. D.O.G.V. number 4837, of September 8, 2004.
Natural Municipal Spots, established under Law 11/1994, of December 27, on Natural Protected Spaces of the Autonomous Region of Valencia, are aimed at creating natural protected spaces within the limits of one or several municipalities promoted and managed by the promoting local entities with the collaboration of the competent Environmental Department of the Autonomous Region Government. This legal definition makes it possible to permit regulation procedures and the management of the significant value of the natural wealth of the municipality, which result in use regulations, management guidelines and specific action programs.
Decree 161/2004 aims to establish a new regulation of these protected spaces, with the objective of simplifying the procedure for their declaration in order to make it more technically accessible to the promoting municipalities, as well as to decrease the administrative time necessary for the protection regime entering into force. This simplification is complemented by the development of the definition of functions of these protected spaces, emphasising as a function of their environmental resource which can, to a great extent, contribute to the sustainable development of the municipalities.
Maritime Public Domain.
Decree 199/2004, of July 29, by which the Regional Competences in the Area of Protection of the Maritime Public Domain are regulated. Galician Official Gazette number 157, of August 13, 2004.
Decree 199/2004, which came into force twenty days after its publication in the Galician Official Gazette, has been enacted for the purpose of regulating the activity of the Autonomous Region of Galicia in the area of protection of the maritime public domain included in Article 23 of Law on Coastal Areas. Decree 199/2004 also regulates the processing and issuance of the reports required for the implementation of the regulations on coastal areas.
For that purpose, the Decree 199/2004 regulates (i) the regional authorisation required to utilize the area of protection of the maritime public domain, (ii) the concurrence of said authorisation with other legal titles (particularly, with the municipal licences), (iii) the sanctioning procedures for infringements committed in the area of protection of the maritime public domain, (iv) the obligation to restore non authorised works in the area of protection of the maritime public domain, and (v) the issuance of reports by the regional authorities in the implementation of the legislation on coastal areas and which refer to the protected area of the maritime public domain.
In accordance with the First Transitory Rule of Decree 199/2994, the proceedings initiated prior to the date on which Decree 199/2004 came into force will be regulated in accordance with the former regulations.