The Official State Gazette (BOE) published this Monday the decree approving the transfer of management of the Basque coast to the Government of the regional communitywhich will take effect from next April 1, 2025. On December 23, the Council of Ministers approved this Royal Decree 1310/2024, which formalizes the transfer of powers in matters of coastal planning and management to the Autonomous Community of the Basque Country.
The Joint Commission adopted, at its meeting on December 16, 2024, the Agreement for the transfer of functions and services from the State Administration to the Autonomous Community of the Basque Country in matters of coastal planning and management, which has been submitted to the Government for approval through this royal decree.
The Statute of Autonomy for the Basque Country, approved by Organic Law 3/1979, of December 18, establishes in its article 10.31 that the Autonomous Community of the Basque Country has exclusive jurisdiction in matters of territorial and coastal planning, urban planning and dwelling.
The second transitional provision of the Statute of Autonomy for the Basque Country and Royal Decree 2339/1980, of September 26, establish the form and procedure to which the transfers of services from the State Administration to the Autonomous Community of the Basque Country must comply. The Basque Country.
List of functions that are transferred
It is transferred to the Autonomous Community of the Basque Country, in relation to the management of the titles of occupation and use of the public maritime-terrestrial domain on the coast of the Basque Country, respecting the current legal regime, the management and granting, as well as the surveillance and the processing and imposition of sanctions that correspond, as well as the collection of fines, with regard to non-compliance with the terms in which the authorizations for seasonal uses on the beaches and in the territorial sea (anchoring areas, floating pontoons and similar uses) were granted. ; with the authorizations of activities in which special circumstances of intensity, danger or profitability occur; and with the authorizations for occupation of the maritime-terrestrial public domain with removable installations or with movable property:
Along the same lines, the management and granting of authorizations in areas of easement of transit and access to the seaas well as the monitoring and processing, imposition and collection of the corresponding sanctions, with regard to non-compliance with the terms in which they were granted.
Also included in the transfer procedure is the management of public concessionswhich includes, in any case, its granting, renewal, extension, modification and termination. These concessions are those required to carry out discharges into the maritime-terrestrial public domain and those for occupation of the maritime-terrestrial public domain required for aquaculture operations; those that cover especially intense, profitable or dangerous uses, as well as private ones, with removable works or installations that, due to their nature, purpose or other circumstances, require an occupation period of more than four years; and concessions covered by another concession for the exploitation of mining or energy resources.
Added to all this are the concessions that cover especially intense, profitable or dangerous usesas well as private ones, with non-removable works or installations. Likewise, concessions that enable the execution of fixed works at sea and those that cover minor maritime facilities in the public maritime-terrestrial domain, such as piers, pontoons, slipways, etc., that are not part of a port or are attached to it.
The package is completed with the transfer of surveillance, processing and imposition of the corresponding sanctions, as well as the collection of fineswith regard to non-compliance with the conditions for granting public concessions; the management of the registry of concessions in the maritime-terrestrial public domain within the Autonomous Community of the Basque Country; the issuance of the report prior to the rescue of public concessions when, for reasons of general interest, the exercise of this function is the responsibility of the General Administration of the State; and the planning, preparation and approval of projects, management and execution of works and actions that are not of general interest.
Functions reserved by the State
For its part, the State Administration reserves the functions of setting the amount of fees for the use or exploitation of the public maritime-terrestrial domain and of, without prejudice to the competence of the Basque Country to establish other fees for exploitation of activity.
The State will collect the amount of fees for the use or exploitation of the public maritime land domain. and the Autonomous Community of the Basque Country will collect, where appropriate, other taxes for the exploitation of the activity that may be established, without prejudice to both parties agreeing on mechanisms to facilitate this management for users.
The State Administration reserves the function of rescuing public concessions when the presence of a reason of general interest linked to its field of competence requires it. And also, the exercise of the sanctioning power derived from the state ownership of the public maritime land domain that does not refer to infractions due to non-compliance with the titles whose management corresponds to the Autonomous Community of the Basque Country.
Concurrent functions of both Administrations
The Autonomous Community of the Basque Country will inform the Ministry for the Ecological Transition and the Demographic Challenge about the interest and objective of the assignment with regard to the use and management of the maritime-terrestrial public domain assigned for the construction of new ports and roads. of transport of its ownership, or of expansion or modification of the existing ones,
The Ministry will issue an assignment report within two months in which a ruling must be made on the integrity of the maritime-terrestrial public domain, environmental prevention or the guarantee of public use. Said report will be binding regarding the delimitation of the maritime-terrestrial public domain susceptible to assignment, planned uses and necessary measures for the protection of the public domain. In the absence of a report within the established period, the processing of the file will continue. In case of discrepancy between both Administrations, a consultation period will be opened in order to reach an agreement.
With regard to the reports that, related to compliance with the general regime of the maritime-terrestrial public domain (physical integrity and guarantee of free access for common uses), the State Administration must issue in relation to the plans and regulations of territorial planning and urban planning, and their modification and review, including the special maritime façade planning plans and the plans that develop the port system, in the event that said report is not favorable, a consultation period will be opened between both Administrations in order to reach to an agreement.
And, finally, with regard to public concessions, the Basque Country will notify the General Administration of the State of each application in process so that, within a maximum period of two months, it issues in writing its opinion in relation to the guarantee of the physical integrity and public use of the maritime-terrestrial public domain. In the event of a discrepancy between both Administrations, a consultation period will be opened in order to reach an agreement for a maximum period of one month from when the discrepancy becomes evident.
Collaboration formulas
In the functional aspect, collaboration formulas may be arbitrated for the best fulfillment of the functions of both Administrations, without prejudice to the respective powers, and, in particular, in relation to the exercise of the sanctioning powers of the respective Administrations.
Regarding investments in works of general interest located in the Autonomous Community of the Basque Country, the Autonomous Community will participate in the following way:
a)?The General Administration of the State and the Autonomous Community will create, before the effective date of this Transfer Agreement, a bipartite Commission that will have, in addition to those that may be agreed upon by the Commission itself, the following functions:
–?Participation through the power of proposal or report, in the planning and programming of works that have previously been declared of general interest.
–?The participation, through the power of proposal or report, in the incorporation of works of general interest to the investment annex of the preliminary draft of the General State Budget for each year.
b)?The Autonomous Community of the Basque Country will participate, through the power of proposal or report, in the processing of the projects to be carried out by the General Administration of the State of works of general interest referred to in article 111 of the Law 22/1988, of July 28, of Costas. In this sense, during the processing of the procedure, a report will be obtained from the Autonomous Community in accordance with the provisions of article 98 of Royal Decree 876/2014, of October 10, which approves the General Coastal Regulation.
c)?For the execution of works of general interest, indicated in the previous section, a report will be requested from the Autonomous Community so that within a period of one month it notifies the conformity or non-conformity of the work with the territorial planning instruments, whatever its name and scope, that affect the coastline, and with the urban planning in force, in accordance with the provisions of article 111.2 of Law 22/1988, of July 28.
The Ministry and the Autonomous Community may collaborate through agreements in the development of the study, execution and management of works that are the responsibility of both Administrations. The Basque Government will provide the General State Administration with data relating to concessions and authorizations of the maritime-terrestrial public domain that it grants.
Monitoring Commission
In order to guarantee adequate cooperation A Transfer Monitoring Commission is created, with equal composition and consisting of six members: three appointed by the State Administration and three by the Administration of the Autonomous Community of the Basque Country.
The Commission will promote collaboration in the field of management of titles of occupation and use of the maritime-terrestrial public domain and, where appropriate, cross-border cooperation in this regard, addressing any implementation problems that may arise and resolving conflicts and discrepancies regarding said management.
Likewise, this Commission will coordinate the necessary actions for the delivery of the documentation and data of files in processing and a list of irregular occupations, as well as files of the functions and services that are transferred, in accordance with section H) of this agreement. .
The Monitoring Commission will meet at least once a year and additionally at the request of either of the two Administrations.
Assets, rights and obligations that are transferred
The assets, rights and obligations that correspond to the functions and services transferred and that are detailed in the relations attached to the decree.
Within a period of three months from the publication of the royal decree approving this agreement, the corresponding minutes of delivery and reception of furniture, equipment and inventory material will be signed, where appropriate.
The Autonomous Community of the Basque Country takes over the position held by the State Administration on the effective date of this agreement.
In the event that it is necessary to introduce corrections or rectifications in the aforementioned relationships, they will be carried out, after verification by both Administrations, through certification issued by the Joint Transfer Commission.
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