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 harmonisation legislation provide for procedures to be applied during a crisis. It is therefore appropriate to introduce specific adaptations 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 has been adopted, 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 the procedures for the for conformity assessment, 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) 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 good that falls within the scope of the Directives and Regulations that these legal acts modify has been designated as a crisis-relevant good in accordance with Regulation (EU) 2024/2747 of the European Parliament and of the Council, of October 9, 2024.

In this sense, this draft royal decree transposes Directive (EU) 2024/2749, of October 9, 2024, and includes the necessary provisions for the correct application of it and of Regulation (EU) 2024/2748, of October 9, 2024.

For its part, it is also necessary to eliminate article 17 of Royal Decree 212/2002, of February 22, which regulates noise emissions in the environment due to certain machines used outdoors, to adapt the Industrial Safety Regulation to Directive (EU) 2024/2839 of the European Parliament and of the Council of 23 October 2024.

Additionally, Annex III of Directive 2000/14/EC of the European Parliament and of the Council of 8 May 2000 was amended by Commission Delegated Regulation (EU) 2024/1208 of 16 November 2023 amending Directive 2000/14/EC of the European Parliament and of the Council as regards methods for measuring airborne noise emitted by machinery for outdoor use. Although this regulation is directly applicable, since Annex III of Directive 2000/14/EC of the European Parliament and of the Council of 8 May 2000 is reproduced in Royal Decree 212/2002 of 22 February, it is necessary to adapt it to the new wording given by the aforementioned delegated regulation in order to avoid possible misinterpretations.

Structure of the Royal Decree

The draft Royal Decree consists of nine articles, which modify various regulatory standards on industrial safety, five additional provisions, one transitional provision and three final provisions.

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Texto del proyecto del Proyecto de Real Decreto [PDF] [1.58 MB]

Modelo de documento para presentar alegaciones [DOCX] [19.76 KB]

Main del Proyecto del Real Decreto [PDF] [892.42 KB]