On 26 October 2012 the council of ministers agreed with the creation of the commission for the reform of public administrations with the mandate to conduct a comprehensive study led to modernize the public sector English, giving it greater efficiency and remove overlaps it affected and simplify procedures through which citizens and businesses relate to the administration.

In the same vein, the national reform programme of Spain by 2014 sets the need to promote measures to streamline the administrative action, improving efficiency in the use of public resources and increase your productivity.

Moreover, in the explanatory statement of the law 21 / 1992 of 16 July, industry, highlighted the need to adapt the regulation of industrial activity in Spain to the regulation of the European Union and the constitution of the internal market, which implies, among other things, the need to reconcile the instruments of industrial policy with free competition and the free movement of goods and products, particularly through standardisation, the harmonization of regulations and instruments of control, as well as the new Community approach based on the progressive replacement of traditional products administrative approval by the certification by entities of verification of compliance with the corresponding monitoring of their actions by the public authorities.

Likewise, the entry into force of new European regulations, in particular, the regulation (HAT) No 305 / 2011 of the European Parliament and of the board of 9 March 2011, laying down harmonised conditions for the marketing of construction products, the regulation (HAT) 2016 / 424 of the European Parliament and of the board of 9 March 2016 concerning the cableway, the regulation (HAT) 2016 / 425 of the European Parliament and of the board of 9 March 2016 concerning the personal protective equipment, and regulations (HAT) 2016 / 426 of the European Parliament and of the council, 9 March 2016, on the aircraft burning gaseous fuels, requires prior national provisions repeal.

That is to say, it is necessary, on the one hand, the repeal of regulations which establish the approval of certain industrial products, and on the other, the repeal of various regulations before the entry into force of European regulations, simplifying the regulatory framework for greater clarity and understanding of the same.

Adicionalmente se modifican diversas disposiciones reglamentarias para armonizar, actualizar o mejorar los textos reglamentarios existentes.

In this sense, firstly, the evolution Annex 1 and enclosures of the agreement on international transport perishable goods, which constitute definitions and rules of special vehicles for transporting perishable goods, in accordance with Article 1 of the Royal Decree 237 / 2000 of 18 February, establishing the technical specifications must comply with special vehicles for land transport of foodstuffs of temperature regulated and procedures for the control in accordance with the specifications, has caused explicitly that regulate the qualifications of vans for consideration under a prototype approved. As the concept of comparable manufacturing was regulated in point 4 Annex 4 added by the command ITC / 2590 / 2010, of 30 September, amending the epidermal appendages and the royal decree 237 / 2000, a derogation, in order to avoid possible confusion that stems from this fact.

Likewise, with the aim of improving the application and interpretation of requirements, modifies the royal decree 837 / 2003 of 27 June, which approves the new text modified and merged of additional technical instruction “ MIE-AEM-4 ” rules of lifting and maintenance, self-propelled mobile cranes, to remove the obligation of the autonomous communities of register Industrial Integrated mobile cranes self-propelled, which is considered a product and not an establishment.

Similarly, in order to harmonize controls on the adoption of Particular Rules and projects Type with the requirements of the royal decree 337 / 2014, 9 May, approving the Regulations on technical conditions and security assurances in high-voltage electrical installations and its instructions Complementary Techniques ITC-RAT 01-23,, amending the royal decree Royal Decree 842 / 2002 of 2 August, which approves the sport Rules for low voltage, and the Royal Decree 223 / 2008, of the 15 February, approving the Regulations on technical conditions and security assurances in high voltage power lines and its instructions complementary techniques ITC-LAT 01-09.

Moreover, it is also necessary to amend the royal decree 2200 / 1995, of 28 December, which approves the regulations of the infrastructure for the quality and safety Industrial, compared to those products for which the market provides verifiers conformity, and, in its default, the regulation provides the approval. In this Last aspect, and in particular with regard to administrative approval, it is necessary to adapt the regulatory text to the existing distribution of competences different reflected in the Statutes of autonomy.

Additionally, it is necessary to modify the Additional Technical Instruction ITC-ICG 05 on service stations for gas vehicles, approved by the Royal Decree 919 / 2006 of 28 July, which approves the technical regulation of distribution and use of gaseous fuels and its instructions complementary techniques ICG 01-11, to clarify the treatment of service stations of liquefied Natural Gas.

Finally, with the aim of improving the drafting and adapt it, regarding registration of facilities, to the Royal Decree 559 / 2010, of 7 May, which approves the regulations of Industrial Integrated Register, amending the royal decree 2085 / 1994, 20 October, which approves the regulations of oil installations, the royal decree 1427 / 1997 of 15 September, approving a new Additional Technical Instruction MI-IP03 “ Oil Installations for its own use, and the Royal Decree 706 / 2017, 7 July, which approves Additional Technical instruction MI-IP 04 “ facilities to supply to vehicles ” and regulate certain aspects of the regulation of oil installations.

Structure of the Royal Decree

The draft royal decree consists of a preamble, a single article and eleven final provisions.

or by regular mail to the General Office of Industrial safety and quality (Castilian promenade, 160 - plant 12, 28071 Madrid), in accordance with article 26.6 of law 50 / 1997 of 27 November, the government, this provision is submitted to the handling of public hearing.

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Texto del Proyecto de Real Decreto [PDF] [325.51 KB]

MAIN del Proyecto de RD [PDF] [676.94 KB]