Mandatory environmental review of public plans and programs

Automatic summary, not yet reviewed

1. The law requires an environmental assessment of plans and programs drawn up or approved by public authorities that may have significant effects on the environment. National defense or civil protection plans and financial or budget plans are excluded.
2. The assessment process includes a sustainability report, consultations with the public and affected authorities, an environmental report and publication of the decision. The report must also consider the zero alternative, meaning not carrying out the plan at all.
3. The interested public and affected authorities have at least 45 days to review the preliminary plan and submit comments. Non-profit organizations that have protected the environment for at least two years may also be consulted.
4. If a plan may affect the environment of another European Union member state, a period of bilateral consultations opens through the Ministry of Foreign Affairs. Deadlines for approving the plan are suspended until those negotiations end.
5. Once the plan is approved, the promoting body must publish the decision, explain how environmental issues were integrated, and monitor the actual effects to quickly detect unforeseen adverse effects.
6. For state plans, the Ministry of the Environment acts as the environmental body: it decides whether a plan must be assessed, sets the report's content, and drafts the environmental report together with the promoter. The law also amends the rules on environmental impact assessment of projects.

Who it affects

• State, regional and local public authorities: They must subject their plans and programs to environmental assessment when these may affect the environment.
• Promoting bodies of plans and programs: They must prepare the sustainability report, address consultations, draft the proposal and carry out later monitoring.
• Citizens and environmental organizations: They can access the documents, take part in consultations of at least 45 days, and see the published final decision.
• Ministry of the Environment: It acts as the environmental body for state plans and creates a public database of the assessments carried out.
• Developers of projects subject to environmental impact assessment: They are affected by the reform of Royal Legislative Decree 1302/1986 introduced by the first final provision.

Words worth knowing

Evaluación ambiental estratégica (strategic environmental assessment)

A process that analyzes the environmental effects of a plan or program before approving it, not just of specific works or projects.

Órgano promotor (promoting body)

The public authority that starts the plan or program and must integrate environmental issues into it.

Órgano ambiental (environmental body)

The public authority that, together with the promoter, makes sure the plan or program respects the environment.

Informe de sostenibilidad ambiental (environmental sustainability report)

A document by the promoter, part of the plan, that identifies and assesses the plan's environmental effects and possible alternatives.

Memoria ambiental (environmental report)

A document that assesses how the environment was integrated into the plan and sets the final determinations before approval.

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