Official bulletin of the Generalitat of Catalonia


DOGC num. 3407 - 12/06/2001


Department of the Presidency

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LAW

6/2001, of 31 of May, environmental arrangement of the lighting system for the protection of nocturnal means.

The president of the Generalitat of Catalonia

Be well-known to all the citizens that the Parliament of Catalonia has approved and I, in name of the King and in agreement with which it establishes article 33,2 of the Statute of autonomy of Catalonia, I promulgate the following one

 

LAW

Introduction

The artificial illumination during the night is one of the essential requirements for the habitability of the modern urban zones and, to a lesser extent, of the countryside, and is also necessary for the accomplishment of a great number of playful, commercial or productive activities. However, an inadequate design or use of the lighting system facilities has consequences detrimental for the biodiversity and the environment, in the measurement in which they are being altered, in disordered way, the natural conditions of the dark that are normal of the nocturnal hours.

On the other hand, an excessive or defective nocturnal illumination constitutes a contamination form, whereas it affects the vision of the sky, which comprises of the natural landscape and has to be protected, as much because it is a common patrimony of all the citizens as by the necessity to make possible his scientific study.

Finally, a nocturnal illumination that responds to coherent and rational criteria has a direct and immediate incidence in the consumption of the power plants and makes a remarkable power saving possible. In this sense, it is necessary to consider that the efficient use of the resources is one of the basic principles of sustainable development to that it inhales Catalonia.

Also, it is necessary to have present that the Parliament already has been pronounced, in several resolutions, on the necessity to carry out the suitable performances to confront the problematic one derived from the luminance contamination. Thus, Resolution 89/V, of 1996, makes reference to the necessity to prevent the luminance dispersion; Resolution 728/V, of 1998, insisted to the Government to impel a program of performances to fight the luminance contamination, and Resolution 616/V, of 1998, insisted to the Government to constitute a technical commission on the processing of a regulating norm of this type of contamination.

For all these reasons, together with a the progressive awareness citizen towards the protection of the environment, justify the necessity regulate, by means of the present Law, mechanism that allow give answer to the problematic that raise a illumination nocturnal inadequate, and to the form of contamination luminance that derive of her, without forget in no moment the importance that the lighting system nocturnal have like element essential for the security citizen, for the circulation and also for the life commercial, tourist and recreational of the zone inhabit. In any case, an suitable regulation of the nocturnal lighting system has to contribute to improve the quality of life of the citizens, in the cities and the towns.

The Law, then, determines the division of the territory in diverse zones based on the characteristics and specificities of each one in relation to the luminous clarity that can be permissible, and also regulates the aspects relative to the allowed intensities of brightness, the design and the installation of the lighting system and to the seasonal and hour regime of uses.

The Law also establishes the obligations of the public administrations to assure the fulfillment the objectives that it persecutes, fixes the aids economic necessary to give to support to the possible operations of adaptation of the existing lighting systems to new prescriptions, regulates the corresponding sanctioning regime and, finally, it impels campaigns of problematic citizen awareness towards the environmental one that raises the luminance contamination.

All this regulation have allow give another step ahead towards the commitment global of all the society in the defense and the conservation of the mean, inserted in the frame of a development sustainable that do possible the growth of the well-being economic and social and the compatibilice with the necessary protection of the mean.

In this sense, the application of the present Law has to serve to improve the power efficiency of the lightning devices.

Chapter I

General dispositions

Article 1

Object

It is object of the present Law the regulation of the facilities and the apparatuses of outer and inner lighting system, with regards to the luminance contamination that can produce.

Article 2

Purposes

The present Law has like purposes:

a)   To maintain to the maximum the natural conditions of the nocturnal hours possible, in benefit of the fauna, the flora and the ecosystems in general.

b)   To promote the power efficiency of the outer and inner lighting systems by means of the energy saving, without diminution of the security.

c)   To avoid the luminance intrusion in the domestic surroundings and, in any case, to diminish its annoyances and their damages.

d)   To prevent and to correct the effects of the luminance contamination in the vision of the sky.

Article 3

Exemptions of application

1.   They are exempts of the fulfillment of the obligations hereby fixed Law, in the assumptions and with the reach that are fixed by prescribed channel:

a)   The ports, the airports, the railway facilities, the highways, the railcars and the freeways.

b)   the cableways and the other means of transport of traction by cable.

c)   the facilities and the devices of signaling of coasts.

d)   the facilities of the forces and the bodies of security and the facilities of military character.

e)   The motor vehicles.

f)   In general, the infrastructures whose illumination is regulated by destined norms to guarantee the security of the citizenship.

2.   The light produced by combustion in the frame of an activity submissive administrative authorization or other forms of administrative control is excluded from the scope of application of the present Law, if it does not have illumination purpose.

Article 4

Definitions

1.   With the object of the present Law, it is understood by:

a)   Luminance contamination: the transmission of luminous flux of nocturnal artificial sources in spectral intensities, directions or unnecessary ranks for the accomplishment of the anticipated activities in the zone in which the lights have settled.

b)   Diffusion towards the sky: the form of consisting of luminance contamination the transmission of luminous fluxes that spread towards the firmament.

c)   Glare: the form of consisting of luminance contamination the transmission of luminous fluxes that make difficult or disable the vision.

d)   luminance Intrusion: the form of consisting of luminance contamination the transmission of luminous fluxes that exceed the area where is useful for the predicted activity and invades zones in which they are not necessary and in that can cause to annoyances or damages.

e) Over consumption: useless or unnecessary derivative of the transmission of luminous fluxes with excess of intensity or spectral distribution. 

f) outer Lighting system:  the anticipated installation to illuminate surfaces located outside covered spaces. 

g) inner Lighting system:  the anticipated installation to illuminate surfaces located within covered spaces. 

h) Brightness:  the flow of own or reflected light, that can be: 

h1) reduced Brightness:  the one that is of low intensity with respect to the referring level of light. 

h2) medium Brightness:  the one that has an intermediate intensity with respect to the referring level of light. 

h3) high Brightness:  the one that has an intensity accentuated with respect to the referring level of light. 

i) Referring Level of light:  level of intensity of luminous fluxes determined by prescribed channel with regards to the fulfillment of the prescriptions of the present Law and the norm that develops it. 

j) Flow of installed superior hemisphere:  flow broadcast over the horizontal plane by an apparatus of illumination or a body, a building or a luminous element.  k) Hour nocturnal:  hour strip that goes from the hour that is fixed by prescribed channel until the exit of the sun. 

l) Modification of the lighting system:  change in the facilities or the apparatuses of lighting system, with the reach and the conditions that are determined by prescribed channel. 

m) Lights:   apparatus that contains a light source. 

n) power Saving:  obtaining of the necessary light with the minimum consumption of energy. 

o) power Efficiency:  maximum advantage of a lights.

2.  Also with the object of the present Law, and as far as the use to that the lighting system is destined, it is understood by: 

a)  Road outer lighting system:  the one of the surfaces destined to the transit of vehicles. 

b) outer Lighting system for pedestrians:  the one of the surfaces destined to the passage of people. 

c) Illuminated outer roadway and for pedestrians:  the one of the surfaces destined to the transit of vehicles and the passage of people. 

d) Illuminated outer ornamental:  the one of the surfaces illuminated with aesthetic objectives. 

e)  Industrial outer lighting system:  the one of the surfaces destined to an industrial activity. 

f) commercial and advertising outer Lighting system:  the one of the surfaces destined to a commercial or advertising activity.

 

Chapter II

regulating Regime of the lighting systems

Article 5 Establishing zones (zonificación)

1.  For the application of the present Law, the territory is had to divide in zones, based on the vulnerability to the luminance contamination. 

2.  The division of the territory in zones is had to establish by prescribed channel and it is had to fit to the following zoning system: 

a)  Zona E1:  areas including in the Plan of spaces of natural interest or in territorial scopes that there are to be object of a special protection, because of his natural terrain features or of their special astronomical value, in which a minimum brightness can only be admitted.

b) Zona E2:  areas including in territorial scopes that only admit a reduced brightness. 

c) Zona E3:  areas including in territorial scopes that admit a medium brightness. 

d) Zona E4:  areas including in territorial scopes that admit a high brightness. 

e)  Datum points: points next to the areas of special astronomical or natural value including in the zone E1, for each one of which there is to establish a specific regulation based on the distance to that they are of the area at issue. 

3.  The city councils can establish an own zoning system in their municipal term, whenever the level of protection does not diminish approved by virtue of section 2, unless justified causes concur, in agreement with which is regulated by regulation.

 

Article 6 Limitations and prohibitions

1.  The flow of installed superior hemisphere applicable to the zones established by virtue of article 5 is had to regulate by prescribed channel, for each one of the uses specified by article 4,2 and for any other use that is determined by regulation. 

2.  The maximum levels of light for each one of the uses specified by article 4,2 are had to establish by prescribed channel, considering the international recommendations, with mechanisms that allow their adjustment in case of modification of the mentioned recommendations. 

3.  The projects of installation of lighting systems that there are to work in nocturnal schedule have to go accompanied of a memory that justifies its necessity.

4,  The city councils can establish own values of flow of installed superior hemisphere, taking care of the characteristics and specificities of their territory, whenever the protection granted by virtue of section 2, unless justified causes concur, in agreement with which does not diminish is regulated by prescribed channel. 

5. Established the maximum levels of light by virtue of section 2 also are applicable to the inner lighting systems, if they produce luminance intrusión towards the outside. 

6.  They are forbidden: 

a)   The monochrome lights, integrals or, with a flow of emitted superior hemisphere that surpasses 50% of this one, unless illuminate elements of a special historical or artistic interest, in agreement with which is determined by prescribed channel.

b) the light sources that, by means of conventional or laser projectors, emit over the horizontal plane, unless illuminates elements of a special historical interest, in agreement with which is determined by prescribed channel. 

c) the devices and aerial devices of nocturnal publicity. 

d) the illumination of great extensions of beach or coast, except for security reasons, in case of emergency or the cases in that it is determined by prescribed channel, in attention to the uses of the lighting system. 

e)  The permanent illumination of the ski tracks. 

f) the illumination of facilities for want of the justificatory memory that demands section 3.

 

Article 7 Characteristics of the facilities and the apparatuses of illumination

1.  The facilities and the apparatuses of illumination are had to design and to install so that it is prepared the luminance contamination and favours the saving, the suitable use and the advantage of the energy, and have to count on the necessary components for this aim.  2.  They are had to establish by prescribed channel the prescriptions applicable to the illumination apparatuses, in function, if it comes, of the zones established in agreement with article 5 and of the fixed maximum levels in agreement with article 6, specially with regards to: 

a)      The inclination and the direction of the lights, the characteristics of the closing and the necessity to screen them to avoid excessive values of flow of installed superior hemisphere, glare or luminance intrusion. 

b)      b) the type of lamps that there are to use or preferred use.

c) the systems of regulation of the luminous flux in special schedules, if it comes. 

3.  The apparatuses of outer lighting system that, in accordance with which they arrange sections 1 and 2, fulfill the requirements demanded with regards to the components, the design, the installation, the angle of implantation with respect to the horizontal and the power efficiency, can credit by means of an accredited symbol their quality to avoid the luminance contamination and save energy. 

4.  They are had to adopt the necessary programs of maintenance for the permanent conservation of the characteristics of the facilities and the apparatuses of illumination. 

5.  In agreement with criteria of power saving, it is had to prioritise in the outer lighting systems the preferred use of sodium steam lamps of high pressure (VSAP) and low pressure (VSBP). These lamps have to replace the mercury steam lamps in the processes of renovation of the public lighting system, that are to tend to the reduction of the installed power.  

Article 8 seasonal and hour Regime of uses of lighting system

1.  The outer lighting system, as much the one of public property as the one of deprived property, is had to maintain dull in nocturnal schedule, as much in commercial zones as in industrial, residential or rural zones, except in the following cases:

a)  For security reasons. 

b) to illuminate streets, ways, avenues, places of step and, while they are destined to this use, zones of equipment and parking. 

c) For, sport or recreational commercial, industrial, agricultural uses, during the time of activity.

d) By other justified reasons, that they are had to determine by prescribed channel and they are had to have specified in the justificatory memory that demands article 6.3. 

2.  The city councils have to outdoors regulate an own regime of lighting system for singular, festive, week, sport or cultural the events nocturnal, that is to make compatible the prevention of the luminance contamination and the power saving with the necessities derived from the mentioned events. 

3.  The general criteria of the seasonal and hour regime of uses of the outer lighting system are had to regulate by prescribed channel.  The regulation has to consider the specificities to that sections 1 and 2 make reference and has to fix the conditioners applicable to the illumination to nocturnal schedule of monuments or other elements of a cultural interest, historical or tourist special.

4,  What establishes article the present also is applicable to the inner lighting systems, as much the ones of public property as the ones of deprived property, if they produce luminance intrusion in the outside.  Chapter III Performances of the public administrations

Article 9 Obligations of the public administrations the public administrations, in the scope of their competitions, have to guard so that: 

a)  The lighting systems distribute the light of the most effective and efficient way and use the minimum amount of light to satisfy the criteria with lighting system. 

b) the used lights are closed or screened, in agreement with which they establish articles 6 and 7. 

c) the outer lighting systems that settle preferredly have credited their quality to avoid the luminance contamination and to save energy, in agreement with which it establishes article 7.3.

d) the components of the lighting systems adjust suitably to the characteristics of the uses and the illuminated zone and emit preferredly in the zone of the visible phantom of long wavelength. 

e) The lighting systems are connected only when it is necessary, by means of timers, if it comes. 

f) the lighting systems stay dull in nocturnal schedule, when they are not necessary. 

g) the facilities and the apparatuses of illumination are put under the maintenance adapted for the permanent conservation of their characteristics.

Article 10 Regime of intervention of environmental Administration

1. The characteristics of the outer lighting systems, fit to the dispositions of the present Law and of the norm that develops it, is had to point out in the annexed technical projects to the request of environmental authorization, the request of environmental license or, in their case, to the communication of the activity, in agreement with which it establishes Law 3/1998, of 27 of February, of the integral intervention of the environmental Administration. 

2.  What establishes section 1 also is applicable to the inner lighting systems, if they produce luminance intrusion in the outside. 

 

Article 11 Criteria for administrative hiring

1.  The public administrations have to include in the sheets of administrative clauses of works, services and provisions the requirements that are to fulfill necessarily the lighting system outer to adjust to the criteria of prevention and correction of the luminance contamination hereby established Law and by the norm that develops it.

2,  The symbol accredited to that article 7,3 for the illumination apparatuses talks about credits that they fulfill the requirements fixed by section 1 with the object of the administrative hiring. 

3.The constructions, the facilities and the houses that require illumination in nocturnal schedule have to present/display to the competent public administration a memory that justifies its necessity. In any case, the lighting system project is had to fit to the maximum to the criteria of prevention of the luminance contamination. 

Article 12 Constructions financed with bottoms public the projects of outer lighting system in constructions, facilities and houses financed with bottoms public are had to fit necessarily to the criteria of prevention of the luminance contamination that establishes the present Law. 

 

Chapter IV   economic Regime

Article 13 economic accrual (funds)

1.  The accrual for the protection of the average one against the luminance contamination is created, that is nourished of the following resources: 

a)  The amount of the originating income of the sanctions imposed by the Administration of the Majority in application of the present Law. 

b) the contributions and the aids granted by individuals, public or deprived companies and institutions and by public administrations. 

c) the contributions of the budgets of the Majority necessary to guarantee the fulfillment of the objectives of the present Law. 

2.  The collection of the Bottom created by section 1 is affected to the concession of aids and destined subventions to the implantation of the measures established hereby Law and by the norm that develops it.

 

Article 14 Regime of aids

1.  They are had to establish lines of specific aids to promote the adaptation of the outer lighting systems to the prescriptions of the present Law. 

2.  For the granting of the aids to that section 1 talks about, it is preferred criterion the fact that the lighting system is within a zone E1 or a datum point. 

3. The requests that are formulated to receive the aids to that section 1 talks about have to present/display accompanied of the technical project of the installation and the corresponding budget. 

 

Chapter V sanctioning Regime and power of inspection and control

Article 15   Sanctionable Infractions

Are administrative infraction the actions and the omissions that contravene to the obligations that the present Law establishes, in agreement with the typification and the gradation that article 16 establishes.

 

Article 16  Typification

1.  The following actions or omissions are slight infractions: 

a)  To harm within a margin of up to two hours the hour regime of use of the lighting system. 

b) To exceed until 20% the flow authorized installed superior hemisphere. 

c) To infringe by action or any other determination of the present Law or the regulation that develops it, unless it is incurred a serious or very serious infraction. 

d) To install lights or light sources contravening what 6.6.a arranges the article) and b). 

2.  The following actions or omissions are serious infractions: 

a)  To harm by more than two hours the hour regime of use of the lighting system. 

b) To exceed in more 20% the flow of authorized installed superior hemisphere. 

c) To install apparatuses of illumination that do not fulfill the requirements hereby established Law and by the norm that develops it.

d) Llevar to end a modification of the outer lighting system that alters its intensity, its phantom or the flow of installed superior hemisphere so that they let fulfill the prescriptions of the present Law or the norm that develops it. 

e)  To commit within a zone E1 or in a datum point an infraction tipificada like slight. 

f) To obstruct the activity of control or inspection of the Administration.  g) To commit two or more slight infractions. 

3.  The following actions or omissions are very serious infractions: 

a)  To commit an infraction tipificada like serious, if it causes an important damage to means.

b) To commit within a zone E1 or in a datum point an infraction tipificada like serious. 

c) To commit two or more serious infractions. 

 

Article 17 Responsibility

The physical and legal people are responsible for the infractions of the present Law who have participated in the commission of the fact violator. 

Article 18 sanctioning Procedure

the applicable administrative procedure for the imposition of the sanctions hereby fixed Law is the one that establishes the regulating effective norm of the sanctioning procedure. 

 

Article 19 Quantity of sanctions

1.  The slight infractions are sanctioned with fines of 25,000 pesetas (150.253 euros) to 100,000 pesetas (601.012 euros). 

2.  The serious infractions are sanctioned with fines of 100,001 pesetas (601.018 euros) to 500,000 pesetas (3,005.060 euros). 

3.  The very serious infractions are sanctioned with fines of 500,001 pesetas (3,005.067 euros) to 5,000,000 of pesetas (30,050.605 euros).

 

Article 20 Graduation of the sanctions

Graduation of the sanctions the sanctions graduate considering the following criteria: 

a)  The internationality of the infractor person.

b) the degree of participation in the fact by another title that the one of author. 

c) the recidivism, if by resolution signs has declared the commission in the term of a year of more than an infraction of the same nature. 

 

Article 21 Measures you will prevent

1.  If the existence of an opposite performance to the determinations of the present Law is detected, the competent administration has to require to the interested one, with previous hearing, so that it corrects it, and has to fix a term to the effect.

2,  In case that the requirement to that section 1 talks about is neglected, the competent administration can decide, by motivated resolution, and with previous hearing of the interested one, the measures necessary to disconnect and, in its case, to seal the lighting system violator. 

3.  The measures you will hereby prevent certain article are possible to be adopted simultaneously to the agreement of inchoation of the sanctioning or at any time later procedure of the transaction, and they are not possible to be prolonged by more than three months. 

 

Article 22

Coercive fines and repair of damages

1.  Coercive fines can be imposed, of a maximum quantity of 100,000 pesetas (601.012 euros), and a maximum of three consecutive ones, to urge to the fulfillment of the obligations derived from the measures you will prevent or the sanctioning resolutions that have been dictated. 

2.  If an infraction of the present Law causes a damage to the biodiversity of means, the person in charge has the obligation to repair it, and has to primarily give back the situation to the original, previous state to the alteration.  If the repair is not possible, the person in charge of the infraction has to compensate by the damages and damages.

3,  The imposition of coercive fines and the exigency of the repair of the damage or the indemnification by the caused damages and damages are compatible with the imposition of the sanctions that correspond.

Article 23 sanctioning Power and competent devices

1.  The sanctioning power for the tipificadas infractions Law hereby corresponds to the Administration of the Majority and the local beings. 

2.  The competent devices to impose the sanctions hereby fixed Law are had to determine by regulation. 

 

Article 24 Power of inspection and control

1,  The power of inspection and control of the lighting systems that can be source of luminance contamination corresponds to the Department of Environment and the city councils, and is exerted by personnel credited to the service of the respective Administration, that has the condition of authority, without damage of which establishes the additional disposition third. 

2.  The facts stated in the act of inspection raised by the personnel credited to that section 1 talks about have probatory value, without damage of the tests that can contribute the interested ones. 

3.  The organizations or people submissive inspection have the obligation to facilitate to the maximum the development of the tasks of inspection and control.

Additional dispositions

First
existing outer lighting systems to the take effect of the present Law can maintain their specifications unchanged, in the terms that the transitory disposition establishes first, but have to fit to the regime of hour uses to which they determine the present Law and the norm that develops it. 

Second
If later to the take effect of the present Law a substantial modification of an outer lighting system is carried out that affects its intensity, its spectrum or the flow of installed superior hemisphere, it is had to fit in any case to the prescriptions of the Law and the norm that develops it.

Third
performances of inspection and control of the outer lighting systems, with regards to the fulfillment of the present Law, can be carried out by collaborating organizations, that are to be properly authorized and have to count on the average personal and necessary materials for the exercise of their functions. 

Fourth
city councils can delegate in the local advice the zonificación of the municipal term to that it authorizes article to them 5,3, in the terms that the norm establishes on local regime.

Fifth
the prescribed development of the present Law has to consider, in agreement with the requirements and the principles that the Law establishes, the alterations of the natural clarity caused by the human activity, in addition to the installation of lighting systems, that can derive in forms of luminance contamination. 

Transitory dispositions

First
existing outer lighting systems to the take effect of the present Law are had to adapt to the prescriptions of the Law and the norm that develops it in the terms that are fixed by prescribed channel, that in no case can exceed the period of eight years, to count from this take effect, and that are had to determine taking care of, among others, to the following criteria:

a)  The uses of the lighting system. 

b) the classification of the zone in which the lighting system is located. 

c) the damages that the lighting system for means or the citizenship causes. 

d) the magnitude of the reforms that are had to carry out. 

e)  The power efficiency of the lighting system. 

f) the economic costs of the adaptation. 

Second

The Generalitat, by means of the regime of aids regulated by article 14 and of the other pertinent budgetary mechanisms, has to collaborate with the city councils to guarantee the adaptation of the lighting systems public of the respective municipal terms to the prescriptions of the present Law. 

 

Final dispositions

First

Department of Environment has to promote campaigns of diffusion and citizen awareness in relation to the problematic one that the luminance contamination entails. 

Second

In agreement with the collaboration principle, they are had to promote agreements of collaboration between the Administration of the Generalitat and the local Administration, as well as, if it comes, the general Administration of the State, facing the impulse and the implantation of the measures that the present Law regulates. 

Third

1,  In the term of two months from the entrance in vigour of the present Law, it is had to regulate and to constitute a commission of prevention and correction of the luminance contamination, with the participation of the diverse implied sectors, with the function to impel and to promote the application of the present Law and any other than is attributed to him. 

2.  The prescribed development of the present Law is had to carry out in the term of nine months from the constitution of the commission to that section 1 talks about. 

Fourth

Law authorizes the Government to update by means of decree the fines hereby fixed, in agreement with the variations of the index of prices to the consumption. 

Fifth

One qualifies the Government to develop and to apply to the present Law and to the Counsellor of Environment to make the regulation of the commission of prevention and correction of the luminance contamination to that the final disposition talks about third. 

Sixth

In the term that establishes the final disposition third for the prescribed development of the present Law, the competent department has to determine the requirements to grant the accredited symbol to that article 7.3 talks about. 

Seventh

present Law takes effect the three months of its publication. 

Therefore, I order that all the citizens to whom is of application this Law cooperate in their fulfillment and that the courts and authorities to which he corresponds make it fulfill. 

Palace of the Generalitat, 31 of May of 2001

Jordi Pujol
President of the Generalitat of Catalonia

Felip Puig i Godes
Counsellor of the Environment

(01,150,113)

 

Text translated by Altavista (Spanish to English) on June 12th 2001