Royal decree 840/2015, on measures to control the risk of serious accidents involving hazardous substances

20 October saw the BOE (the Spanish Official Gazette) publication passing Royal Decree 840/2015, on measures to control the risk of serious accidents involving hazardous substances, repealing the current Royal Decree 1524/1999 and subsequent modifications to it. The Royal Decree is the transfer into Spanish domestic law of Directive 2012/18/EU, of 4 July 2012.

The main new features of the new Royal Decree with respect to the previous law are the following:

• Classified substance categories (Annex I) are adapted to the new European system on the classification and labelling of substances and mixtures (EC regulation 1272/2008).
• A timeframe is established for businesses to adapt to the new legislation; this is a period of between 1 and 2 years from the publication of the law, depending on the type of establishment.
• Minimum criteria are established for the consideration of modifications to an establishment as having significant consequences on the risk of serious accidents.
• The obligation to run routine inspections every 3 years is established for lower-tier affected establishments. Stricter criteria are also established for non-routine inspections, which must be carried out at the first opportunity to investigate complaints, serious accidents, “near misses”, incidents and cases of non-compliance.
• Aspects of public consultation and the participation in decision-making of the public concerned are modified.
• SUMMARY OF OBLIGATIONS
  

  		NOTIFICATION	SAFETY REPORT	INTERNAL EMERGENCY PLAN	ROUTINE INSPECTION
  NEW ESTABILSHMENT1	HIGHER TIER	Depends on autonomous communities	Depends on autonomous communities	Depends on autonomous communities	Every 3 years
  	LOWER TIER	Depends on autonomous communities	Depends on autonomous communities	Depends on autonomous communities	Every 12 months
  EXISTING ESTABLISHMENT1	HIGHER TIER	Before 21 October 2016	Not applicable	Before 21 October 2016	Every 3 years
  	LOWER TIER	Before 21 October 2016	Before 21 October 2016	Before 21 October 2016	Every 12 months
  OTHER ESTABLISHMENT1	HIGHER TIER	Before 21 October 2016	Not applicable	Before 21 October 2017	Every 3 years
  	LOWER TIER	Before 21 October 2016	Before 21 October 2017	Before 21 October 2017	Every 12 months

  Note 1: According to definitions in R.D. 840/2015.

  For over 25 years, INERCO has provided solutions to the needs of industry to properly comply with obligations deriving “mayor accident” regulations, with a complete group of highly experienced professionals.

  INERCO’s Major Accidents services are:

  • Preparation of documentation (notification, safety reports, quantitative risk analysis, PPAG and SGS, self-protection plans).
  • Investigation of accidents/incidents.
  • Technical assistance and support in the administration of files.
  • Emergency training.
  • Safety and self-protection Audits.