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Spain: The State recognizes the large environmental NGOs as guarantors of defending the right environment for the benefit of citizens

The Ministry of Agriculture, Food and Environment has signed a collaboration agreement with Friends of the Earth, Ecologists in Action, SEO / BirdLife and WWF Spain for the promotion of environmental protection and the development of collaborative activities and representation. The agreement confirms the role of organizations such as environmental protection and public interest entities prominent representatives of civil society in defense of Article 45 of the Spanish Constitution of environmental rights.

Four major statewide environmental NGO, Friends of the Earth, Ecologists in Action, SEO / BirdLife and WWF present in the Environment Advisory Council today signed a cooperation agreement with the Ministry of Agriculture, Food and Environment (MAGRAMA) in which the fundamental role these organizations play in the defense of the right to an environment adequate means by all citizens is recognized. Under the collaboration agreement, NGOs have "the support of the citizens in the defense and promotion of environmental, economic and social interests [...] actively ensuring compliance with Article 45 of the Spanish Constitution"

The cooperation agreement was signed by the Minister of Agriculture, Food and Environment, Miguel Arias Cañete, and representatives of Friends of the Earth, Ecologists in Action, SEO / BirdLife and WWF Spain. The agreement aims at "promoting environmental protection and the development of collaborative activities and representation in the general administration of the State, the European Union and international organizations" by NGOs. The intent is "to strengthen environmental and continuous improvement in Spain for the benefit of all citizens."

The agreement is fundamental to recognize the social work being done by organizations of environmental protection, as entities declared "public interest" to defend the common good, and as the voice of the company before the authorities step.

The agreement states that environmental protection can only be achieved with a greater participation and transparency in the decision-making process and, in that sense, the NGO environmental conservation are a function of basic dialogue with the state and international organizations.

In this sense, the agreement recognizes NGOs' institutional representation at national and international level, civil society "and involves the commitment of the Ministry" to collaboration and dialogue on any other subject its object the improvement of the environment and / or to contribute to better state of it."

The partnership, which does not contain any economic endowment recognizes the functions performed Friends of the Earth, Ecologists in Action, SEO / BirdLife and WWF Spain: "Participating in the colleges statewide reporting on creating basic environmental legislation, the transposition of EU directives and international conventions; contribute to including the cross-cutting nature of environmental protection in state policies, collaborate on activities resulting from the international representation; They help the Ministry of Agriculture, Food and Environment in the development and implementation of plans, programs and measures promoting supraterritorial protection and scientific research in the field of environment and environmental associations are vehicles statewide."

NGOs are the only public actors approved by citizens in relevant opinion polls as the Edelman Trust Barometer 2012, which shows the confidence they have in the Spanish society. The collaboration agreement signed with the Ministry today is a sign that the State acknowledges and recognizes that reality.

Legal Foundations

The partnership is based on laws and international conventions that recognize the social role of NGOs in the defense of environmental law and the common interest

The Organic Law 1/2002, of 22 March, regulating the Right of Association, which states in Article 4 the duty of public authorities to promote the development of partnerships that carry out activities of general interest.

International Aarhus Convention on "Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters"

The 27/2006 Law of 18 July, by which the rights of access to information, public participation and access to justice in environmental matters are regulated  and that was the transposition into Spanish law the Convention Aarhus

SPANISH CONSTITUTION

Title I. Of Fundamental Rights and Duties

Article 45

1.  Everyone has the right to enjoy an environment suitable environment for the development of the individual as well as the duty to preserve.

2. The public authorities shall ensure the rational use of all natural resources, in order to protect and improve the quality of life and preserving and restoring the environment, relying on an indispensable collective solidarity.

3. To those who violate the provisions of the preceding paragraph, in the terms established by the law or criminal penalties, if any, administrative, and the obligation to repair the damage caused will be established.

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