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.