- Query
- Closed
- Range of the Standard:
- Royal Decree of cabine
- Character of the query:
- Policy
- Type of participation:
- Hearing and public information
Resumen
The Directive 2009 / 105 / CE of the European Parliament and of the council, 16 September 2009, relating to simple pressure vessels, will be repealed with effect from the 20 April 2016, by the directive 2014 / 29 / HAT of the European Parliament and of the council, 26 February 2014, on the harmonisation of the laws of the member states in the marketing of simple pressure vessels.
This Royal Decree incorporates the Spanish legal system the said directive 2014 / 29 / HAT of the European Parliament and of the council, 26 February 2014. That is compliance with the obligation under article 288 of the treaty of operation of the European Union (former Article 249 of the Treaty establishing the European community) which provides that “the directive will force the Member state addressee regarding the result to be achieved, leaving, however, to national authorities the election of the form and the means ”.
In particular, through this Royal Decree implements Article 43 of the directive 2014 / 29 / UE transposing.
Therefore, it is necessary to repeal the provisions of the Royal Decree 1495 / 1991 of 11 October, which contains the provisions of application of the directive of the board of the European Communities 87 / 404 / CEE on simple pressure vessels and royal decree 2486 / 1994, 23 December, amending the royal decree 1495 / 1991 of application of the Directive 87 / 404 / CEE on simple pressure vessels.
This provision was dictates under Article 149.1.13ª Spanish constitution, which gives the State jurisdiction to determine the bases and coordination of the general planning of economic activity and article 149.1.10ª of the constitution, which gives the State the exclusive competence, in trade.
On the other hand, article 12.5 of the current Law 21 / 1992 of July 16, industry, determines that the Industrial safety regulations state will be approved by the government of the nation and the article 25.c) of the law 50 / 1997 of 27 November, government, which must be in the form of Royal Decrees agreed in cabinet, decisions to adopt regulations of competition.
On the other hand and in accordance with Article 24.1.c) of the law 50 / 1997 of 27 November, the government, communicates that the draft royal decree is available for the fulfillment of its handling of public information.
Remission deadline
Deadline for submitting arguments until the day Friday, June 12, 2015
Submission of allegations
The allegations may be referred to the email address: sgcalidadseguridad@minetur.es