In accordance with the provisions of Article 26. 2 of Law 50/1997, of November 27, 1997, of the Government, we proceed to carry out the public consultation prior to the preparation of the draft Royal Decree amending various regulatory standards on industrial safety with regard to emergency procedures for conformity assessment, presumption of conformity, the adoption of common specifications and market surveillance in the event of an internal market emergency and amending Royal Decree 212/2002, of February 22nd, which regulates noise emissions in the environment due to certain outdoor machinery as regards information obligations.

Regulation (EU) 2024/2747 of the European Parliament and of the Council of 9 October 2024 establishing a framework of measures concerning an internal market emergency and the resilience of the internal market and amending Council Regulation (EC) No 2679/98 lays down rules aimed at ensuring, during a crisis, the normal functioning of the internal market, in particular the free movement of goods, services and persons, and ensuring the availability of crisis-relevant goods and services.

In order to complement Regulation (EU) 2024/2747 of the European Parliament and of the Council of 9 October 2024, it is necessary to ensure appropriate ways for crisis-relevant goods to be rapidly introduced into the internal market in order to help address and mitigate disruptions to that market.

However, neither the reference provisions laid down in Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products and repealing Council Decision 93/465/EEC, nor the specific provisions laid down by sectoral Union harmonization legislation provide for procedures to be applied during a crisis. It is therefore appropriate to introduce specific adaptations in order to respond to the impact of crises affecting products that have been designated as crisis relevant goods in accordance with Regulation (EU) 2024/2747 of the European Parliament and of the Council of 9 October 2024.

In this regard, Directive (EU) 2024/2749 of the European Parliament and of the Council of 9 October 2024,amending Directives 2000/14/EC, 2006/42/EC, 2010/35/EU, 2014/29/EU, 2014/30/EU, 2014/33/EU, 2014/34/EU, 2014/35/EU, 2014/53/EU and 2014/68/EU as regards emergency procedures for conformity assessment have been adopted, presumption of conformity, adoption of common specifications and market surveillance due to an internal market emergency, and Regulation (EU) 2024/2748 of the European Parliament and of the Council of 9 October 2024 amending Regulations (EU) n. No. 305/2011, (EU) 2016/424, (EU) 2016/425, (EU) 2016/426, (EU) 2023/988 and (EU) 2023/1230 as regards emergency procedures for conformity assessment, presumption of conformity, adoption of common specifications and market surveillance due to an internal market emergency.

These legal acts establish emergency procedures that will only be applicable after the activation of the internal market emergency mode and when a specific asset falling within the scope of the Directives and Regulations that these legal acts amend has been designated as a crisis relevant asset in accordance with Regulation (EU) 2024/2747 of the European Parliament and of the Council of 9 October 2024.

For its part, Directive (EU) 2024/2839 of the European Parliament and of the Council of 23 October 2024 amending Directives 1999/2/EC, 2000/14/EC, 2011/24/EU and 2014/53/EU as regards certain reporting obligations in the fields of food and food ingredients, outdoor noise, patients' rights and radio equipment has recently been published. This directive, as regards machinery covered by Directive 2000/14/EC, comes to indicate that the obligations of the Member States and the Commission set out in Article 16 concerning the communication of documentation, as well as the collection of data and publication of information, are redundant and, in the interests of rationality and in order to limit the administrative burden on companies and authorities, should be deleted.

Certain events may trigger disturbances in the functioning of the internal market, preventing its proper functioning and the shortage of certain goods or products in the event of a crisis.

Directive (EU) 2024/2749 of the European Parliament and of the Council of 9 October 2024 and Regulation (EU) 2024/2748 of the European Parliament and of the Council of 9 October 2024 complement Regulation (EU) 2024/2747 of the European Parliament and of the Council of 9 October 2024, so that, in the event of a crisis that may affect the proper functioning of the internal market, there are mechanisms to overcome the disturbances produced in the functioning of the internal market.

As regards Royal Decree 212/2002, of February 22, 2002, the aim is to eliminate the redundancies indicated in the previous section.

It is necessary to transpose Directive (EU) 2024/2749 of the European Parliament and of the Council, of October 9, 2024, regarding the Industrial Safety Regulations of products that fall under the competence of the Ministry of Industry and Tourism and, where appropriate, to include the necessary provisions for the correct application of Regulation (EU) 2024/2748 of the European Parliament and of the Council, of October 9, 2024.

On the other hand, it is necessary to eliminate Article 17 of Royal Decree 212/2002, of February 22nd, which regulates noise emissions in the environment due to certain machines for outdoor use, in order to adapt the Industrial Safety regulation to Directive (EU) 2024/2839 of the European Parliament and of the Council, of October 23rd, 2024.

This draft Royal Decree aims to establish the mechanisms for the correct application of the mechanisms approved in the European Union so that, in the event of a crisis, the correct functioning of the internal market can be guaranteed, maintaining the same level of safety of the products affected by the regulations for which this Ministry is competent, as well as adapting the Industrial Safety regulation to Directive (EU) 2024/2839 of the European Parliament and of the Council, of October 23, 2024.

Since the approved Directives require transposition into Spanish law, there are no non-regulatory alternatives.

Responses to this public consultation may be submitted until December 27, 2024. Only responses in which the sender is identified will be considered.

In general, the contributions received will be considered for public dissemination. The parts of the information submitted which, in the opinion of the interested party, should be treated as confidential and therefore should not be freely disseminated, must be specifically indicated in the text of the contribution itself, not considering for this purpose the generic messages of confidentiality of the information.

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