Fondo de Restauración Ecológica y Resiliencia

The Ecological Restoration and Resilience Fund.

Summary of Royal Decree 690/2021, of August 3, by which the Ecological Restoration and Resilience Fund.

📚 El plan de acción de economía circular.

📚 El Plan de Recuperación, Transformación y Resiliencia y la protección del medioambiente.

📚 European fund for regional development, depopulation and ecological transition.

Royal Decree-Law 36/2020, for the execution of the Recovery, Transformation and Resilience Plan, modified Law 42/2007 on Natural Heritage and Biodiversity, to create the Ecological Restoration and Resilience Fund.

This replaces the previous Fund for Natural Heritage and Biodiversity, created by Law 42/2007, to put into practice those measures aimed at supporting the achievement of the objectives of the law, as well as sustainable forest management, the strategic prevention of forest fires and the protection of forest and natural spaces in whose financing the General State Administration participates.

Achieving the transition to a more ecological productive and social model is the objective of the Recovery, Transformation and Resilience Plan, in the case of this Regulation within the scope of the Ministry for Ecological Transition and the Demographic Challenge, in terms of: a) water and public hydraulic domain; b) coasts, protection and conservation of the sea and of the maritime-terrestrial public domain; c) climate change and climate resilience; d) pollution prevention, promotion of the use of clean technologies and less polluting and more sustainable consumption habits, in accordance with the circular economy policy; e) protection of natural heritage, biodiversity and forests, f) meteorology and climatology, and g) others.

This royal decree responds to the need to articulate mechanisms that guarantee the adequate execution of the funds derived from the Nex Generation EU Plan, the European Recovery Fund, which is articulated through Recovery and Resilience Mechanisms, regulated in the Regulation (EU) 2021/241 of the European Parliament and of the Council of February 12, 2021, which establishes the Recovery and Resilience Mechanism and with which the Recovery, Transformation and Resilience Plan will be financed.

The Recovery and Resilience Mechanism aims to financially assist Member States to carry out reforms and investments with the aim of mitigating the impact of COVID-19 and improving the economic and social cohesion of the European Union.

The royal decree has been issued under the provisions of article 149. 1.13 and 23 of the Spanish Constitution, which attribute to the State the powers on the bases and coordination of the general planning of economic activity, and basic legislation on matters of environmental Protection.

Within the framework of the execution of the European funds for the Recovery, Transformation and Resilience Plan, their processing will be urgent, and will finance actions contemplated within the framework of the Recovery, Transformation and Resilience Plan, corresponding to the Ministry’s sphere of competence. for the Ecological Transition and the Demographic Challenge, in the following matters:

Waters and public hydraulic domain.
Coasts, protection and conservation of the sea and the maritime-terrestrial public domain.
Climate change, its mitigation and adaptation and the strengthening of climate resilience.
Pollution prevention, promotion of the use of clean technologies and less polluting and more sustainable consumption habits, in accordance with the circular economy policy.
Protection of natural heritage, biodiversity and forests.
Meteorology and climatology.
Any others assigned by the Ministry.

And the Digitization of the aforementioned areas.

The Fund implements support measures through:

Subsidies (Law 38/2003).
Contracts, in accordance with Law 9/2017, on Public Sector Contracts.
Agreements (Law 40/2015, of October 1, on the Public Sector Legal Regime).
Commissions to own personified media (Law 9/2017). – Management orders (Law 40/2015).

The hiring will be done through the contracting bodies of the Ministry for the Ecological Transition and the Demographic Challenge. In principle there is a system of compatibility of aid, although within the framework of Regulation (EU) 2021/241, on the Recovery and Resilience Mechanism.

The Regulation establishes the guiding principles and guidelines for the management and administration, and as the management of the Fund, it refers to the following:

Subscribe management orders.
Carry out assignments to own personified media.
Obtain technical assistance.
Enter into agreements with public sector entities specialized in activities that may be relevant to the Fund’s activity in accordance with Law 40/2015, of October 1.

Its management will be adjusted to the Recovery, Transformation and Resilience Plan, and especially to Royal Decree-Law 36/2020.

Regarding the Organization of the Fund, this will be done through a Governing Council, with the support of a Technical Office of the Fund.

The Council is composed of:

The Presidency corresponds to the head of the Secretary of State for the Environment.

Vice presidency; Undersecretariat for the Ecological Transition and the Demographic Challenge.

Vowels:

General Directorate of Quality and Environmental Assessment.
General Directorate of Biodiversity, Forests and Desertification.
Spanish Office for Climate Change.
General Directorate of Energy Policy and Mines.
Presidency of the State Meteorological Agency.
General Directorate of the National Parks Autonomous Organization.
General Directorate of Services.
Directorate of the Biodiversity Foundation
Directorate of the Cabinet of the Secretary of State for the Environment.

Secretary; official of the Secretary of State for the Environment.

Functions of the Governing Council:

Establish general political guidelines for the development and execution of the Fund.
Establish criteria and general requirements for the selection of investments and actions to be carried out by the Ministry for the Ecological Transition and the Demographic Challenge at the expense of the Fund, in accordance with the provisions of the Recovery, Transformation and Resilience Plan, the EU Regulation 2021 / 241 of the European Parliament and of the Council
Approve the actions and projects that can be financed by the Fund, with the proposals made by the Technical Office.
Proposals for operating and capital budgets.
Approve the annual accounts.
Approve the explanatory report.
The strategic monitoring and evaluation of the Fund.
Establish a system to control compliance with the regulations applicable to the Recovery and Resilience Mechanism, in the execution of the Recovery, Transformation and Resilience Plan.
Establish the endowments that are the object of co-financing by those financial instruments of the European Union intended for the same purposes as well as, where appropriate, with other sources of financing.
Approve the proposals for management entrustments, commissions, agreements, subsidies, contracts or loans
To dictate in general the resolutions that are necessary for the development of the functions of the Fund.

To carry out the functions entrusted to it, the Fund will have the support and assistance of a Technical Office attached to the Secretary of State for the Environment.

Their functions are:

Identify the actions and projects that can be financed by the Fund.
Provide technical support to the Governing Council.
Prepare proposals for operating and capital budgets.
Prepare a report.
Prepare the proposed agreements.
Inform and assist the Governing Council.
Guidelines, standard models and manuals for contracting, subsidies, agreements and others.
Recommendations or guidance on the adoption of computer or digital tools.

Monitoring, evaluation and control of the Fund’s projects is foreseen, and the strategic lines of this plan must be reviewed every three years, with monitoring of the milestones and objectives, the rendering of accounts in relation to their fulfilment and the information to be provided to the system. management.

A budgetary, economic-financial, accounting and control regime of the Fund is regulated; the rendering of accounts shall be sent to the Court of Accounts, through the General intervention of the State Administration.

The Fund and its management will be coordinated in collaboration with the autonomous communities.