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
    NOTIFICATIONSAFETY REPORTINTERNAL EMERGENCY PLANROUTINE INSPECTION
    NEW ESTABILSHMENT1HIGHER TIERDepends on autonomous communitiesDepends on autonomous communitiesDepends on autonomous communitiesEvery 3 years
    LOWER TIERDepends on autonomous communitiesDepends on autonomous communitiesDepends on autonomous communitiesEvery 12 months
    EXISTING ESTABLISHMENT1HIGHER TIERBefore 21 October 2016Not applicableBefore 21 October 2016Every 3 years
    LOWER TIERBefore 21 October 2016Before 21 October 2016Before 21 October 2016Every 12 months
    OTHER ESTABLISHMENT1HIGHER TIERBefore 21 October 2016Not applicableBefore 21 October 2017Every 3 years
    LOWER TIERBefore 21 October 2016Before 21 October 2017Before 21 October 2017Every 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.

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