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What it is

Changes to environmental assessment of projects, plans and programs

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 17 March 2018. Introduced by: Gobierno.

Official title: Government bill amending Law 21/2013, of December 9, on environmental impact assessment, Law 21/2015, of July 20, amending Law 43/2003, of November 21, on Forests, and Law 1/2005, of March 9, regulating the regime for the trading of greenhouse gas emission rights.

Follow this law

Source: Congreso de los Diputados, file 121/000018· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law adapts Spanish environmental assessment to the 2014 European directive. It incorporates Directive 2014/52/EU into Spanish law, which changes the rules on how the environmental effects of projects are assessed.
  2. The environmental impact study must now include an analysis of the project's vulnerability to serious accidents or catastrophes, such as fires, explosions, floods or earthquakes, and their possible effects on the environment.
  3. The cases in which a project can be excluded from environmental impact assessment are limited. Exceptional exclusion corresponds to the Council of Ministers or the regional authority, must be reasoned and published in the Official State Gazette, and does not exempt from assessing effects on Natura 2000 sites.
  4. Clearer deadlines are set in the procedure: public consultations last at least thirty business days, the technical analysis and the environmental impact statement take four months, extendable, and authorizing or rejecting the project must happen within a reasonable period and be published.
  5. Public information and consultation steps are done electronically, and administrations must have at least one central portal or simple access points so the public can consult environmental information.
  6. If, during public information, the developer makes changes that involve significant environmental effects different from those originally foreseen, the public information and consultation steps are repeated before the environmental impact statement.
  7. The regulation of Natural Paths (Caminos Naturales) is amended to comply with a Constitutional Court ruling. It defines what a Natural Path is, regulates the National Network of Natural Paths, and adjusts the functions of the state administration.
  8. The sanctioning regime for greenhouse gas emission allowance trading is adjusted: fines and sanctions are specified, a new article sets the special rules for state sanctioning procedures, and monitoring plans for aircraft operators are regulated.

Words worth knowing

Evaluación de impacto ambiental (environmental impact assessment)
An analysis done before authorizing a project to find out what effects it will have on the environment and how to avoid or reduce them.
Declaración de impacto ambiental (environmental impact statement)
The report issued by the environmental authority at the end of the assessment, setting the environmental conditions for the project.
Red Natura 2000 (Natura 2000 network)
A network of protected natural areas in the European Union that host valuable habitats or species.
Órgano sustantivo (substantive authority)
The public body that authorizes or approves the plan, program or project.
Derechos de emisión (emission allowances)
Permits to emit greenhouse gases that companies must buy or receive and surrender according to how much they pollute.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced17 March 2018Someone registers the text in the Congreso.
  2. Admitted20 March 2018The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments23 March 2018Groups propose changes.
  4. Committee30 June 2018A committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senate24 October 2018The Senate can pass it, amend it or veto it.
  7. BOE21 November 2018It is published in the Official State Gazette (BOE) and comes into force.
See the 9 official steps on a timeline
Mar 2018Apr 2018May 2018Jun 2018Jul 2018Aug 2018Sept 2018Oct 201811. 17 March 2018: Presentación22. 20 March 2018: Comisión de Agricultura, Alimentación y Medio Ambiente Publicación desde 20/03/2018 hasta 23/03/201833. 20 March 2018: Calificación44. 23 March 2018: Comisión de Agricultura, Alimentación y Medio Ambiente Enmiendas desde 23/03/2018 hasta 26/06/201855. 26 June 2018: Comisión de Transición Ecológica Enmiendas desde 26/06/2018 hasta 30/06/201866. 30 June 2018: Comisión de Transición Ecológica Informe desde 30/06/2018 hasta 10/10/201877. 10 October 2018: Comisión de Transición Ecológica Aprobación con competencia legislativa plena desde 10/10/2018 hasta 24/10/201888. 24 October 2018: Senado desde 24/10/2018 hasta 21/11/201899. 21 November 2018: Concluido - (Aprobado con modificaciones) desde 21/11/2018 hasta 14/01/2019

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Published in the BOE: Law 9/2018, of December 5, amending Law 21/2013, of December 9, on environmental impact assessment, Law 21/2015, of July 20, amending Law 43/2003, of November 21, on Forests, and Law 1/2005, of March 9, regulating the regime of trade in greenhouse gas emission rights.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

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