Strategic Environmental Declaration (SED)

Facts

The Commission for Territory of Catalonia and the Metropolitan Territorial Planning Commission of Barcelona agreed, in sessions dated 23 December 2021 and 31 January 2022 respectively, to recognise the high territorial interest of the Agroparc project in the municipalities of Gelida and Sant Llorenç d'Hortons.

On 11 January 2022, a request for the issuance of the scope document regarding the progress of the specific modification of the POUM in the area of the partial urban planning plan of can Joncoses and adjacent properties, for the implementation of the Agroparc project, in the municipality of Gelida, was entered into the electronic register of the Department of the Vice-Presidency and Digital Policies and Territory, submitted by the Town Council. The request included the progress of the specific modification, with the corresponding plans, and the initial strategic document.

Subsequently, on 26 January 2022, new documentation of the referenced specific modification, which replaces the previously submitted one due to an error detected, was entered into the aforementioned register, submitted by the Town Council of Gelida.

The Territorial Office for Environmental Action and Assessment of Barcelona (OTAABA) consulted public administrations and interested parties prior to the preparation of the scope document, in accordance with Article 18 of Law 6/2009, of 28 April, on the environmental assessment of plans and programmes, and Article 19 of Law 21/2013, of 9 December, on environmental assessment, so that they could provide the appropriate considerations.

Likewise, the Secretariat Service of the Territorial Urban Planning Commission of Penedès was requested to issue the urban and territorial report provided for in Article 86 bis of Legislative Decree 1/2010, of 3 August, which approves the consolidated text of the Urban Planning Law, amended by Law 3/2012, of 22 February, in order to assess the adequacy of the advance to urban planning legislation, to the guidelines for territorial planning and to the criteria for sustainable urban development.

On 9 May 2022 and in accordance with Article 19 of Law 21/2013, of 9 December, OTAABA issued the scope document (DA) for the strategic environmental study (EAE).

On 12 December 2022, the Plenary of the Gelida City Council agreed to initially approve the specific modification of the Gelida POUM in the Agroparc area included in the municipal term of Gelida and to submit the file for public information for 45 days.

On 3 and 4 April 2023, the Gelida City Council submitted the complete file for strategic environmental assessment to the environmental authority along with the request for the strategic environmental declaration.

The submitted file consists of the following documentation:

- Written documentation: background and processing, informative report, report of the modification proposal, report of the detailed planning of the Can Joncoses sector, urban planning regulations, agenda and timetable.

- Annex 0. Justification of sectorial reports and allegations

- Annex 1. Registration information

- Annex 2. Strategic environmental study (EAE): report, comprehensive document, summary document, plans and seven annexes, which refer to requirements of the environmental assessment procedure: I. Agricultural impacts; II. Climate change; III. Noise study; IV. Flood risk; V. Equivalence of objective criteria in the scope document; VI. Compensatory measures and VII. Geological risks.

- Annex 3. Impact study and landscape integration

- Annex 4. Study of generated mobility assessment

- Annex 5. Economic and financial assessment and economic sustainability

- Annex 6. Study of basic urbanisation works

- Annex 7. Gender impact study

- Graphic documentation: information plans and planning plans

The environmental documentation is dated March 2023 and is signed by Ignasi Grau Roca, agronomist engineer of the consultancy IGREMAP, SLP.

On 14 April 2023, the Plans and Programmes Service of the General Subdirectorate for Environmental Assessment issued the report proposing to resolve the strategic environmental declaration of the Modification favourably. The report states that the environmental processing and the documentation of the file comply with the provisions of Law 6/2009, of 28 April, on the environmental assessment of plans and programmes, and Law 21/2013, of 9 December, on environmental assessment, as well as the provisions on environmental processing integrated into urban planning legislation.

(a) Description of the proposal

The specific Modification aims to enable the implementation of the Agroparc project, which seeks to create an integrated agri-food space, from production to the dispatch of finished products, including the facilities for managing its externalities.

The Agroparc covers an area of 220 hectares, located between the municipalities of Gelida and Sant Llorenç d'Hortons, in the Alt Penedès region, although this specific Modification is limited to the land belonging to the municipality of Gelida. This area of the municipality of Gelida consists of the industrial sector of developable land defined as Can Joncoses, a set of non-developable land around the Masia de La Talaia, a small part of urban land in the Plans de la Ferreria sector, and a small area of non-developable land to the east of this sector. It has a total area of approximately 94 hectares.

The general objectives of the specific Modification are preceded by the recognition of the high territorial interest of the action by the Territorial Commission of Catalonia and the Metropolitan Territorial Planning Commission of Barcelona, in accordance with the background.

With this urban planning framework, the modifications proposed in the POUM of Gelida are as follows:

• Adjustment of the Can Joncoses area: to improve its topographical and territorial fit, to promote the recovery of natural connectors around the different watercourses, and especially ecological connectivity through the stream of the same name, and to provide the sufficient ceiling required by the programme without resulting in an increase in the effective occupation of the land.
• Precision of the limits of the open spaces defined by the Metropolitan Territorial Plan of Barcelona (PTMB) and by the POUM of Gelida: based on what is established in article 2.10, in coherence with the
• improvement of connectivity in the industrial sector of Can Joncoses, following criteria for improving ecological connectivity, the best topographical fit, the best fit in the landscape, improvements in the water cycle, improvements in territorial permeability and access to open spaces.
• Adaptation of the general systems (road BV-2249) to ensure proper access to the area.
• Review of the parameters of Key 11 – Agricultural Land of the POUM of Gelida (creation of a new subzone Key 11h – Agricultural Land-greenhouses): to allow a higher level of technification in non-urbanisable land based on a reassessment of the maximum occupation of the plots and their consideration regarding the functional unit on which it is measured, in order to absorb the externalities of the activity sector, and through the proper uses of open spaces, and specifically agriculture, to use these externalities as resources for agricultural production, returning to agri-food production.
• Amended from Article 183 of the POUM that regulates greenhouses, with the aim of better defining the characteristics of these agricultural installations.

The adjustment of the scope of Can Joncoses must allow for an arrangement that integrates within the environment where it is located, respects the layout and the natural characteristics of the Can Joncoses stream, promotes the recovery of natural connectors around the different watercourses (especially the namesake stream) and offers the sufficient ceiling required by the programme without resulting in an increase in the effective occupation of the land, at least in terms of occupation, ecological functionality and the stock and embryonic greenhouse gas.

The size of the Can Joncoses sector is expanded according to the new delimitation to approximately 20 hectares, and in relation to its planned ceiling, it also increases to 89,000 m², of which part is expected to be implemented underground in order to reduce its landscape impact.

The review of the parameters of key 11 – agricultural land involves the modification of Articles 183 and 192 of the POUM to adapt them to the creation of the new key 11h – agricultural-greenhouses. This new subzone defined in Article 183, along with its technical characteristics, will allow for the implementation of technified greenhouses of type 1 (tunnel or multi-tunnel greenhouses), type 2 (dome or multi-dome greenhouses with fixed structure) and type 3 (chapel or multi-chapel greenhouses with fixed structure). Article 192 defines the specific conditions for the implementation of technified agriculture.

(b) Assessment of public and institutional participation

In the context of the environmental assessment, the environmental body (OTAABA) submitted the strategic initial document (DIE) and the planning advance for consultations with sectoral bodies and interested public entities. In total, responses were received from 8 administrations and 4 interested public entities, which were incorporated into the scope document for the strategic environmental study (EAE). The assessment of the requirements established in the DA is included in the table of section 1.3.1 of the EAE, and also in the summary document, which explains the incorporation or justifies the non-incorporation for each of the requirements.

Once the specific modification was initially approved by the Plenary of the Gelida City Council on 12 December 2022, it was exposed to public information for 45 days. According to the summary document, during the public exposure period, reports from 20

organisations and 186 written objections submitted by 119 objectors were received, of which 7 are associations. As noted in the summary document, the objections from individuals and some associations are generally consistent and respond to various thematic blocks.

The public administrations that have reported with environmental content are as follows: Catalan Water Agency (ACA), General Subdirectorate of Biodiversity and Natural Environment, Wildlife and Flora Service, Territorial Services in Barcelona of the Department of Climate Action, Food and Rural Agenda, Territorial Services in Barcelona of the Department of Culture, General Directorate of Industry, Industrial Safety, General Subdirectorate of Prevention and Control of Atmospheric Pollution, Service for the Prevention and Control of Acoustic and Light Pollution, General Subdirectorate of Civil Protection Programmes, Catalan Office for Climate Change (OCCC), Waste Agency of Catalonia (ARC), Cartographic and Geological Institute of Catalonia (ICGC) and ATM – Metropolitan Transport Authority.

The entities that have submitted environmental objections are as follows: Union of Farmers of Catalonia, ADEMA Group for the Defence of the Environment, DEPANA - League for the Defence of the Natural Heritage of Catalonia, Ecologist Collective Bosc Verd and Naturalists of Gelida.

Both Annex O. Justification of sectorial reports and objections and the summary document assess the outcome of the consultations and the degree of consideration in the environmental assessment and in the proposal.

(c) Environmental assessment of the Modification

It is noted that the specific modification of the POUM in the area of the Agroparc included in the municipal term of Gelida does not carry out an environmental assessment of the Agroparc project as a whole, which occupies an area that belongs to both the municipality of Gelida and Sant Llorenç d'Hortons. The specific modification only pertains to changes in the municipality of Gelida, given that the development of the set of actions of the Agroparc project in the municipality of Sant Llorenç d'Hortons does not require modification of the current general planning.

At the level of territorial fit, the area is affected by the Territorial Master Plan of the Alt Penedès (PDTAP), which includes the area subject to modification, in relation to the system of open spaces in the categories of "Protected soils and soils of natural value and connectors" and "Soils of special protection for vineyards" and, in relation to the settlement system, incorporating the delimitation of the developable land of Can Juncoses, which was already anticipated by the municipal planning, as a specialized area of consolidation.

In turn, the Metropolitan Territorial Plan of Barcelona (PTMB) consolidates what was already provided by the PDTAP with the same delimitation in relation to the system of open spaces with the categories "Soil of special protection for its natural and agricultural interest" and "Soil of special protection for vineyards", in relation to urban strategies, also incorporating the developable area of Can Juncoses as a specialized industrial area with development capacity.

- Fit of the review of the parameters of key 11 – agricultural land

If we specifically analyse the modifications incorporated into the articles regulating Key 11 – agricultural land of the current POUM of Gelida, it is assessed that the modifications introduced are detailed and relevant, in order to adapt it to the possibility of implementing technified agriculture.

As the General Subdirectorate of Rural Infrastructures outlines in its report, the new key 11h is included in article 191 of the POUM of Gelida. Similarly, the incorporation of section g) in article 183 is positively assessed, ensuring that when compatible with criteria for radiation and interior lighting, the installation of photovoltaic panels will be carried out on suitably oriented roofs of the technical greenhouses. Additionally, the report specified that they must be adapted according to the availability of water resources from treated wastewater from agro-food activities. This condition is written at the regulatory level in point 5 of the specific conditions of section E) of article 192 of the POUM regulations and is positively assessed.

Despite this adequate integration, the wording may still raise doubts about the limit surface area for the installation of greenhouses, and this needs to be clarified. It is noted that in article 9 (limitation of greenhouse installation) and in article 14 (modification of article 192 of the POUM), the installation of greenhouses is limited to 10 hectares, while in article 85 (compassing and limitation of the installation of technical agriculture) it is reduced to 7.5 hectares. This discrepancy can be interpreted as responding to the possible types of greenhouse that may be installed (type 1, 2, or 3). In any case, it is recommended that this limitation be uniform for all types of greenhouse and defined as 7.5 hectares.

- Assessment of relevant environmental vectors

The environmental effects of the proposed Specific Modification are assessed in section 8 of the EAE, through tables that outline the effects derived from the proposal, the characterization of the impact, its environmental assessment, and the possible corrective and/or compensatory measures proposed. These preventive and/or corrective measures are detailed in 10 chapters in section 9 of the EAE, coinciding with the main environmental vectors (Land occupation and soil conservation; Open spaces; Water cycle; Ecological return of urban space; Management of materials and waste; Light pollution; Noise pollution; Protection of cultural heritage; Agricultural impacts and Climate change). Regarding the compensatory measures, Annex VI is included, which focuses on the application of compensatory measures for the Bonelli's eagle (Aquila fasciata).

Land occupation

The Specific Modification finally covers an area of 94ha of land in SNU classified by the POUM of Gelida as having special protection due to its natural and agricultural interest (key 11a) and special protection for vineyards (11b), and of the industrial sector of developable land defined as Can Joncoses.

The establishment of the industrial sector of Can Joncoses has not seen any significant evolution in terms of land occupation and maintains the initial proposal of the Advance with the increase in the area of the sector, justified based on what is established in article 2.10 of the PTMB regulations (precision and modification of boundaries). There is a clear intention to arrange the space in a manner that is more respectful of the environmental sensitivity of the site, especially considering the meander of the Anoia and its role as a river connector, shifting the significant land transformation to the east bank of the Anoia river.

It is positively valued that a large part of the increase in built area is proposed to be underground, with approximately 30,000 m² constructed below ground level and with a green roof in order to minimise its landscape impact. It should be noted that the current planning allowed for a built area of 67,000 m² and with the modification it has been increased to 89,000 m², with the consequent increase in resource consumption and other associated impacts.

In terms of land use strictly intended for agricultural production, the incorporation of key 11h - greenhouses allows for the inclusion of technified greenhouses of types 1, 2, and 3, which is not permitted in the current POUM, which only allows for the establishment of greenhouses (generic and non-technified). This possibility is limited to a maximum of 7.5 ha of maximum occupancy with an initial implementation of 3 ha.

The environmental assessment categorises the impact of land use as severe and for this reason corrective and compensatory measures are applied. The corrective measures are aimed at soil conservation and morphological adaptation and the management of topsoil. It is worth noting that from Rural Infrastructure it was recommended to utilise the topsoil (the outer layer of the crop) for the improvement of crops, prior to the movement of earth, for the installation of greenhouses and the area for processing, storage, and logistics of the entire project. The same corrective measures of the EAE foresee the removal of the first layer of topsoil (minimum of 30 cm), thus responding to the recommendation. Therefore, the proposed corrective measures regarding this environmental vector are generally considered appropriate.

The compensatory measures refer to the improvement of the habitat of the Bonelli's eagle. Land use, especially from intensive agriculture, can affect the hunting territory of the eagle, as it is established in an area identified as hunting ground for this species.

Water cycle

The resources required for the Agroparc project are high at all levels. Water use will significantly increase compared to the current use of the same space, both for productive activity and for the need to irrigate the entire proposed cultivation area.

Regarding the water supply, the EAE stipulates that it will have a standard allocation of 154,774 m³/year for industrial/productive activities and for the basic services of other uses (logistics, tertiary, and green areas). The process waters will be treated, and it is planned to reuse them for the irrigation of the technified greenhouses and to support the crops throughout the park. This determination is included in the regulations, and the model of circular resource economy is positively valued.

In general terms, these are significant volumes of water, and therefore, measures for adaptation, saving, and efficiency in the use of this resource are essential, such as drainage measures, rainwater harvesting, differentiated networks, limitations on maximum irrigation allocations for open spaces, etc., which are proposed in section 8.2.2 of the EAE. In monitoring the actions, taking into account the municipality's vulnerability to the impacts of climate change, it will be necessary to evaluate and adapt the measures required for adaptation to these impacts.

Notwithstanding the above, in accordance with the ACA's requirement, a guarantee of resource sufficiency has been presented through a supply guarantee certificate from the ATLL. Regarding the treatment of the generated wastewater, it is indicated that it will be treated through a dedicated wastewater treatment plant for subsequent use in the irrigation of the greenhouses.

Natural environment, biodiversity, and ecological connectivity

The area of the Specific Modification is an environment with a significant agro-forestry mosaic, mainly occupied by agricultural uses of vineyards and rain-fed cereals, with the presence of various forest masses identified as HIC and some olive and almond tree plantations. On the other hand, the presence of fauna is abundant and varied, according to the currently available cartographies, resulting in a space with high natural value.

In general, this natural and biodiversity value is guaranteed by the diverse and numerous measures incorporated in the EAE and the urban planning regulations (title IV) to achieve the least impact on the quality of the environment.

It should be noted that the specific environmental objective F.2.2 *Avoid affecting the vegetation and habitats of interest*, which, among other things, is specified in the protection of the habitat of the Bonelli's eagle to favour its presence in this area, has led to the definition of compensatory measures for this species.

Regarding ecological connectivity, the specific environmental objective F.1.1 *Conserve the functionality of ecological connectors* focuses on the protection of connectivity in the area occupied by the Specific Modification. The degree of importance of this environmental aspect is positively assessed, accompanied by a large number of corrective measures strategically linked to other vectors that intervene in good ecological connectivity, such as water, vegetation, or fauna.

Although the stream of Can Joncoses is directly affected, work is being done on restoration measures for the riverbed and with devices for clearing and discharging rainwater in order to correct the impact. It is important to maintain good water quality flowing through it; for this reason, a width of about 15 m should be left free of cultivation for its naturalisation. River axes have a function of structural connectivity, and the measures presented are deemed appropriate.

Also noteworthy is the creation of water basins, whether permanent or temporary, specialised as biodiversity hubs. These basins will be waterproofed and will have a space to promote biodiversity that will allow for the development of vegetation or wetland areas around them. Particularly relevant will be the basin that restores the abandoned extractive activity. It would be beneficial for this measure to be developed prior to or simultaneously with the development of the Can Joncoses sector. This is an ambitious measure with a great capacity to influence the improvement of connectivity, fauna, and flora in the area.

Atmospheric environment and climate change

The General Subdirectorate for Prevention and Control of Atmospheric Pollution urges that the activities to be established must not exceed the reference values regarding their emissions nor compromise compliance with the reference values for air quality established by current legislation, both during their construction and in their subsequent operation. This provision has been incorporated into the body of measures and into the regulations of the specific modification.

Necessary measures will need to be taken to minimise the impact on air quality levels with the aim of achieving the air quality levels recommended by the World Health Organization (WHO).

The OCCC highlights that, according to the presented greenhouse gas (GHG) emissions analysis, the Agroparc cannot be defined as a zero-emissions GHG project. Despite this statement, the emission factors used and the results presented are validated, noting that the currently available tools have been used to carry out this quantitative analysis.

It is noted that it is planned to reuse biomethane and biohydrogen as fuel for the fleet of trucks and vans as a measure to be implemented in the medium term. It is also highlighted that, by applying the proposed measures for mitigating emissions and closed-loop energy flows of the Agroparc (reusing externalities to reduce waste impact, installing photovoltaic solar panels to cover the sector with 100% renewable energy, implementing hot water systems beyond what is established by the CTE, etc.), a considerable reduction in emissions of around 10,600 tCO₂/year is achieved. It should be specified that this reduction will only occur if 100% of the mitigation measures are operational, therefore, in the long term.

Regarding the carbon stock of the affected soil, it is expected that the compensation of the stock and carbon sequestration of the affected soils will be guaranteed, although the specific measures to achieve this are not detailed, which will require appropriate monitoring during the development phase. The significant impact that the soils will have will require specifying what these measures will be and the quantified forecasts of this carbon stock following the indications of the OCCC.

The extensive range of mitigation measures planned in the EAE is fully consistent with the circular economy model, with the deployment of renewables for self-consumption and with the savings and efficiency in resource use promoted by Law 16/2017, of 1 August, on climate change.

Finally, regarding noise and light pollution, it is positively noted that the observations made in the DGOACC report are incorporated at the regulatory level, highlighting the establishment of restrictive lighting hours and associated noise limits.

In this regard, measures aimed at protecting the natural environment from light pollution are valued, applying a reduced schedule of artificial light that prohibits it throughout the entire night period, established from 22:00 to 07:00. Similarly, it is recommended that in the remaining hours, the use of artificial light be adapted to the presence of natural light (changes in hours and seasons).

Landscape

The documentation of the specific modification correctly describes that the area of action is included in the landscape unit 4_Valls de l'Anoia, according to the Landscape Catalogue of the metropolitan region of Barcelona, and assesses that it is also part of the Special Attention Landscape (PAE) Vinyes del Penedès. Being located in this space requires certain landscape quality objectives, criteria, and actions that are applicable.

For this situation, a landscape study of the integration of the specific modification was required, especially due to the impact that the implementation of the technical greenhouses may cause. Annex 3 provided responds to this requirement with a Landscape Impact and Integration Study (EIIP).

Without prejudice to the final assessment of the competent authority in landscape matters, it is positively noted that at the regulatory level an EIIP is required for the implementation of type 2 and 3 greenhouses, and it is suggested to also request it for type 1 greenhouses, as in the previous POUM the submission of a project assessing the degree of landscape impact was already a requirement. It is also highlighted that one of the criteria used to determine the location of the new key 11h has been the landscape, taking into account the visual impact from different perspectives (main observers, Gelida city, nearby agritourism facilities, etc.).

It is important to highlight that the area comprises land of high agricultural value with vineyard crops registered as Denomination of Origin Penedès, protected geographical indication (PGI) and organic production, with undulations and small woods that visualise a highly valuable agro-forestry mosaic. The EAE states that the area has medium-low visibility and that, in any case, the recovery of cultivated lands that are currently abandoned can contribute to the improvement of the landscape.

Regarding the industrial implementation in the can Joncoses sector, a part of the building is proposed to be underground (almost 30,000 m²) following the undulations of the land in order to minimise its visual impact and, additionally, a green roof is proposed.

- Compensatory measures

The application of compensatory measures is the final step in the hierarchy of mitigation measures to be applied to environmental impacts.

As explained previously, the EAE presents in its Annex VI a work on compensatory measures regarding the Bonelli's eagle (Aquila fasciata). This work responds to the (not explicitly stated) identification of the significant residual impact that this raptor species experiences. In this sense, the environmental assessment identifies land consumption and the loss of higher value spaces and the impact on habitats exploited by wildlife as severe impacts.

The EAE states that there is an impact on a hunting area of the Bonelli's eagle due to the recovery of agricultural management of this area and the consolidation of the activity sector of Can Joncoses. These actions cannot be avoided to environmentally acceptable levels solely with corrective measures. Therefore, beyond the application of these measures, a series of compensatory measures aimed at protecting the habitat of the Bonelli's eagle are also proposed, which is viewed positively.

Articles 91 and 92 of the Modification regulations summarise the immediate and short-term compensatory measures, respectively, both within and outside the scope of the Modification.

It should be noted that the Bonelli's eagle (Aquila fasciata) is a protected species included in the Catalogue of threatened native wildlife in Catalonia with the category of endangered, also included in the National Catalogue of Threatened Species with the category of vulnerable, in the Birds Directive and in the Animal Protection Law. At the same time, it is a priority conservation species for the EU and therefore has been one of the species for which the designation of SPA within the Natura 2000 network has been required. In this sense, as

It is established in the mentioned regulations that the protection of the breeding and hunting habitat of the species is key to its recovery and conservation in Catalonia.

Since the beginning of the environmental assessment procedure, attention has been focused on the impact on the Bonelli's eagle, based on the radio-tracking data of the adult male of the Bonelli's eagle pair from Gelida (BL-5) during the years 2006-07 and 2013-14. This data indicates that the scope of the project for the specific modification falls within a vital space and within the critical area of the 80% Kernel as it is a hunting and main foraging area. The 80% Kernel is at the legal limit so that the implemented activity has a very negative impact and, therefore, is not acceptable for the natural environment.

In this case, as mentioned in the report from the Fauna and Flora Service issued on 22 March 2023, the project is conditioned on the execution of a pilot plan and obtaining favourable and positive results in the short term for the conservation of the Bonelli's eagle, where measures for habitat improvement and prey favourable to the Bonelli's eagle are established outside the vital space defined by the radio-tracking data from the years 2006-07 and 2013-2014.

This pilot plan is the main compensatory measure and aims to expand the favourable habitat and replace the foraging and hunting areas that currently coincide with the zones where the most impactful actions of the Agroparc project are planned.

Specifically, this pilot plan must carry out a series of immediate actions and measures, always prior to the earthworks and the construction of the Agroparc Project, depending on the results obtained.

It is worth noting that one of the measures to be implemented is the radio tracking of the male Bonelli's eagle in order to evaluate and analyse the effectiveness of the measures applied. Thus, the results of the radio tracking will indicate whether the measures of the pilot plan are positive. Depending on the results obtained from the analysis of the radio tracking of the male, the possible execution and subsequent progressive implementation of the most impactful infrastructures (such as greenhouses and photovoltaic solar plants) for the Bonelli's eagle of the Agroparc will be conditioned.

Until it has been verified with the new radio tracking that the eagles can do without the area affected by the Agroparc project, no action can be taken on the path marked with a red line nor can the greenhouses marked in yellow in the image reproduced in Article 87 of the regulations be built. With the partial results of the radio tracking, the progressive implementation of these works will be assessed.

The Wildlife and Flora Service will supervise the implementation of this Pilot Plan as a compensatory measure and will provide the technical guidelines, approval of the implementation deadlines, and the results obtained in each of them. Correct implementation and monitoring of these measures is vital to ensure the survival of this species.

For all this, it will be necessary to ensure the economic viability of the development, execution, and monitoring of the pilot plan.

(d) Environmental monitoring

The EAE establishes a comprehensive environmental monitoring plan, which also provides for the preparation of monitoring reports with the verification of the application and results of the environmental measures provided for in the EAE. A first proposal of indicators is presented, which will need to be completed as implementation progresses.

It is specified that there will be a specific level of monitoring for the compensatory measures, which will have a very close link with the implementation of the pilot plan required by the Wildlife and Flora Service.

The creation of a mixed monitoring committee is planned, which must be established before the start of the development and execution instruments provided for in the Agroparc project. This committee must meet at least once a year in the early years of development of the Can Joncoses sector.

Given the complexity and significance of the actions, partly conditioned by the effectiveness of the environmental measures to be developed, it is positively assessed that a committee is proposed where, initially, the promoter of the Agroparc project (or the company developing the activity), the Gelida Town Council, and the environmental body, represented by the Directorate General of Environmental Policies and Natural Environment, participate.

Legal foundations

Law 21/2013, of 9 December, on environmental assessment, amended by Law 9/2018, of 5 December, establishes the bases that must govern the environmental assessment of plans, programmes and projects that may have effects on the environment.

The eighth additional provision of Law 16/2015, of 21 July, on the simplification of administrative activity of the Generalitat Administration and local governments of Catalonia and the promotion of economic activity, establishes that, until the adaptation of Law 6/2009, of 28 April, on the environmental assessment of plans and programmes, to the basic regulations contained in State Law 21/2013, of 9 December, the prescriptions of Law 6/2009 that do not contradict the said basic regulations shall apply, in accordance with the rules contained in the same provision.

Section 6.a) fifth of the eighth additional provision of Law 16/2015, of 21 July, determines that the modifications of urban planning plans that are subject to ordinary strategic environmental assessment, which constitute fundamental variations of the strategies, directives and proposals or of the chronology of the plan that produce differences in the expected effects or in the area of influence, are subject to ordinary strategic environmental assessment.

Article 86 bis and the eighteenth transitional provision of Legislative Decree 1/2010, of 3 August, which approves the consolidated text of the Urban Planning Law, amended by Law 3/2012, of 22 February, specify the processing of the environmental assessment of urban planning plans.

Article 25 of the Law 21/2013, of 9 December, establishes that the environmental authority, once the technical analysis of the file is completed, will formulate the strategic environmental declaration.

Article 12 of the Law 6/2009, of 28 April, establishes that the environmental authority in relation to all the plans and programmes subject to this Law is the department of the Generalitat Administration competent in environmental matters.

Article 6.3 of the Decree 253/2021, of 22 June, on the restructuring of the Department of Climate Action, Food and Rural Agenda, establishes that the Directorate General for Environmental Policies and Natural Environment maintains the functions and structure provided for in Decree 277/2016, of 2 August.

Article 103 of the Decree 277/2016, of 2 August, on the restructuring of the Department of Territory and Sustainability, establishes that it is the responsibility of the Directorate General for Environmental Policies and Natural Environment to exercise the competences that correspond to the Department as the environmental authority in the field of environmental assessment of plans and programmes.

In accordance with the facts and the legal foundations set out above,

I resolve:

—1 To formulate the strategic environmental declaration of the Modification of the municipal urban planning plan in the area of the Agroparc included in the municipality of Gelida with a favourable character, provided that the environmental measures determined in the strategic environmental study are implemented and the considerations made in this Resolution are observed.

—2 To establish that the joint environmental monitoring committee must be constituted once the punctual Modification is definitively approved, before the start of the planned development and execution instruments.

The environmental monitoring of the punctual Modification must comply with the provisions of the environmental monitoring plan determined in the strategic environmental study. The environmental monitoring reports must be sent to the environmental authority and published on the Town Hall's website.

—3 To remind that it is necessary to comply with the publicity requirements established in article 28 of Law 6/2009, of 28 April, and in article 26 of Law 21/2013, of 9 December.

—4 To notify this Resolution to the Town Hall of Gelida and to the Territorial Commission of Urban Planning of Penedès, and to publish it in the Official Gazette of the Government of Catalonia and on the website of the Department of Climate Action, Food and Rural Agenda.iari Oficial de la Generalitat de Catalunya i al web del Departament d'Acció Climàtica, Alimentació i Agenda Rural.

No appeal may be lodged against this Resolution, without prejudice to those that may be appropriate through judicial means against the general provision that has approved the Modification, or without prejudice to those that may be appropriate through administrative means against the act of approval of the Modification, in accordance with Article 25 of Law 21/2013, of 9 December.

In accordance with Article 27 of Law 21/2013, of 9 December, the strategic environmental declaration loses its validity and ceases to produce its effects if, once published in the *Official Gazette of the Government of Catalonia*, the Modification has not been approved within a maximum period of two years from its publication.

Barcelona,

Director General of Environmental Policies and Natural Environment