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Royal Decree 1256 / 2003, 3 October, By Which Determine The Competent Authorities Of The General Administration Of The State In The Field Of Transport Of Dangerous Goods And Regulates The Commission For The Coordination Of Such Transport.

Original Language Title: Real Decreto 1256/2003, de 3 de octubre, por el que se determinan las autoridades competentes de la Administración General del Estado en materia de transporte de mercancías peligrosas y se regula la comisión para la coordinación de dicho transporte.

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TEXT

Article 7.8 of Royal Decree 1475/2000, of 4 August, for which the basic organic structure of the Ministry of Public Works is developed, establishes that the Commission for coordination depends on the Secretariat of this Ministry. the transport of dangerous goods.

Royal Decree 2619/1981, of 19 June, created the Inter-Ministerial Commission for the Coordination of the Transport of Dangerous Goods. Likewise, this royal decree determined the powers in the matter of the various ministerial departments, repealing Decree 2674/1973 of 19 October. Subsequently, the composition of this committee was amended by the Order of the Minister for Transport, Tourism and Communications of 8 September 1983, based on the authorization contained in Article 7 of the royal decree cited.

The need to adapt the commission to various administrative reforms introduced in the following years led to the approval of the current Royal Decree 1952/1995, of 1 December, determining the authorities competent in the field of the transport of dangerous goods and the coordination committee for such transport is regulated.

The restructuring of the ministerial departments carried out in 1996 and 2000 has resulted in substantial changes in the structure and functions of the General Administration of the State and, therefore, in the actual composition of the Plenary and the Commission's Standing Committee on the coordination of the transport of dangerous goods. It is therefore appropriate that the changes in practice have a normative reflection.

On the other hand, it is also appropriate that they should be adequately stated in the rule that the commission regulates the competences of all its member ministries. These powers have been affected, in the period of validity of Royal Decree 1952/1995, not only by rules of organisation, but also by new substantive rules, which have affected the regulation of goods to a greater or lesser extent. dangerous and their transport, such as the new Explosives Regulation, approved by Royal Decree 230/1998 of 16 February, or Royal Decree 1566/1999 of 8 October on safety advisers for the transport of dangerous goods by road, rail or inland waterway.

Finally, it is considered necessary to give a new regulation to the functions of technical and administrative support of the commission, for which, in the first place, the organic structure of this one, which happens to be integrated, is simplified only by two bodies-the plenary and the standing committee-and, consequently, the management and coordination cabinet is an administrative unit, dependent on the Technical Secretariat for Transport, which is responsible for acting as a unit of management and technical and administrative support of the commission.

The above requires the replacement of the aforementioned Royal Decree 1952/1995 of 1 December 1995 with the aim of determining the current powers of the authorities of the General Administration of the State in the field of transport of dangerous goods, as well as updating the organisation and operation of the Commission for the coordination of the transport of dangerous goods, in accordance with the institutional framework governing relations between the various public administrations.

This royal decree has been favourably informed by the Commission for the coordination of the transport of dangerous goods.

In its virtue, on the proposal of the Ministers of Development, Foreign Affairs, Defense, Interior, Agriculture, Fisheries and Food, Health and Consumer Affairs, Environment, Economy and Science and Technology, with the prior approval of the Minister for Public Administrations and after deliberation by the Council of Ministers at its meeting on 3 October 2003,

DISPONGO:

Article 1. Competent ministerial departments.

In international agreements and norms concerning the transport of dangerous goods in which Spain is a party, and in national regulations on the different modes of transport of such goods, the expression 'competent authority' shall mean, in the field of the General Administration of the State, the following ministerial departments:

(a) The Ministry of Foreign Affairs, as regards:

1. The authorization for the transit of explosives through the national territory, as well as for the waters and airspace in which Spain exercises sovereignty, sovereign rights or jurisdiction, in accordance with the provisions of the The Explosives Regulation, approved by Royal Decree 230/1998 of 16 February.

2. The exercise of the representation of Spain to international bodies in the field of the transport of dangerous goods, in coordination with the other competent ministerial departments, and the accreditation of the Spanish representatives to the abovementioned bodies.

3. The processing of any modification of the International Maritime Code for Dangerous Goods (IMDG Code), the European Agreement on the Carriage of Dangerous Goods by Road (ADR) and the Regulation on the international transport by rail of dangerous goods (RID), Appendix B to the International Convention on International Carriage by Rail (COTIF), as well as any other agreements related thereto.

(b) The Ministry of the Interior, with regard to:

1. The regulations on traffic and movement of vehicles, driving and accompanying, training and the declaration of suitability of drivers and the issuing of the corresponding administrative authorizations for the driving vehicles carrying dangerous goods.

2. The use of road network and road infrastructure, with the setting of itineraries if necessary, where the transport of dangerous goods will take place, coordinating them in advance with the competent bodies in the field of traffic in the area of the autonomous communities that have assumed this competence.

3. Control and surveillance, without prejudice to the departments referred to in this Article and, in general, in all matters relating to the safety of the movement, without prejudice to those of their respective powers. vial.

4. The preparation of standards or guidelines for the provision of foresight, prevention, planning and action in emergencies in cases of accidents, as well as, where appropriate, coordination and support in actions in the emergencies.

5. To all that the existing provisions entrust to this ministry.

(c) The Ministry of Public Works, as far as it is concerned:

1. To the management of the transport of dangerous goods, the regulations on documentation or transport document and on flags, labels and panels, stowage and conditioning of the cargo, as well as the control and surveillance of their compliance in coordination with the Ministry of the Interior; in the field of authorizations to engage in transport.

2. To safety advisers for the transport of dangerous goods.

3. The use of the infrastructure in charge of the department where the transport of dangerous goods runs.

4. º Storage, loading and unloading in the service area of ports and airports.

5. To approvals and waivers in the transport of dangerous goods by air and sea, in accordance with the provisions of the national regulation on the safe transport of dangerous goods by way of air, in the regulations governing international air transport and in the International Maritime Code of Dangerous Goods (IMDG Code) of the International Maritime Organization.

6. For the purposes set out in Chapter 1.5 of Annex A to the European Agreement on the Carriage of Dangerous Goods by Road (ADR), in order to agree with the competent authorities of the Contracting Parties, for temporary derogations from the provisions of the said agreement, to authorise certain transport operations and to make the exceptions in respect of the said chapter at national level.

7. For the purposes set out in Article 5. 2 of the uniform rules for the international carriage of goods by rail (CIM), Appendix B to the International Convention on International Carriage by Rail (COTIF).

8. To all that the existing provisions entrust to this ministry.

(d) The Ministry of Agriculture, Fisheries and Food, as regards:

1. The conditions under which the transport and movement of products and materials of animal origin, of contumaces, repugnant or which may be regarded as dangerous to animal health, of products animal health, except veterinary medicinal products, and feed, mixtures, additives, raw materials and substances and products used in animal nutrition.

2. To plant protection products, fertilizers and other means of agricultural production considered dangerous.

e) The Ministry of Health and Consumer Affairs, as regards:

1. The determination of goods which, being considered dangerous to human health, are not included in specific regulations.

2. The regulations on classification, packaging and labelling of dangerous substances and preparations.

(f) The Ministry of the Environment, with regard to the determination of the goods which, being considered dangerous to the environment, are not included in specific regulations.

(g) The Ministry of Economic Affairs, with regard to the conditions under which the transport and movement of hydrocarbons, explosives, cardboard and pyrotechnics and radioactive materials and products are carried out, which, being considered dangerous by security reasons are not included in specific regulations.

h) The Ministry of Science and Technology, as it relates:

1. The determination of goods which, being considered dangerous for safety reasons, are not included in specific regulations and do not fall under the explicit competence of other departments.

2. On the fixing of the characteristics of the units dedicated to the transport of dangerous goods, prior to the favorable report of the Ministry of Public Works, regarding the management of the transport of dangerous goods.

3. To technical regulations on the inspection of vehicles and units of transport and on loading and unloading.

4. To international certifications for special authorization of transport units in the land, sea and air modes.

5. The technical regulations for type approval and corresponding password allocation for the registration of transport units, large bulk containers, packaging and packaging.

6. To all that the existing provisions entrust to this ministry.

Article 2. The Commission for the coordination of the transport of dangerous goods.

The Commission for the coordination of the transport of dangerous goods is the inter-ministerial collegiate body attached to the Secretariat for Public Works, which exercises the functions of coordination of the competences of the ministerial departments as set out in the previous Article in all matters relating to such transport and the application of the provisions in force governing the transport of goods, which must be obtained by the various departments of the various departments. ministries in relation to any draft standard to be drawn up on this subject.

The Commission for the coordination of the transport of dangerous goods is also the liaison agency in the relations with the international organizations in the field of transport of dangerous goods, through the Ministry of Foreign Affairs and in agreement with this.

Article 3. Functions.

For the purposes of the above Articles, it is for the Commission to coordinate the transport of dangerous goods for the exercise of the following functions:

a) To study and issue a mandatory report to proposals for amendments to national regulations and to promote the appropriate procedure for their approval.

b) To study and issue a mandatory report to proposals for changes in international regulations. Where the proposal comes from the Spanish competent authority, it shall carry out the necessary actions to promote its approval.

(c) Propose to the Ministry of Foreign Affairs the designation of persons to participate in international meetings on the transport of dangerous goods.

d) Proceed to the disclosure of the legislation on the subject matter and its clarifications.

e) Set the criteria for information and dissemination of all aspects related to the functions and activities of the commission.

f) Issue the studies and reports requested by the competent authorities.

Article 4. Organs.

They are commission organs:

a) The Plenary Session.

b) The Standing Committee.

Article 5. The Plenary Session.

1. The Commission's plenary session for the coordination of the transport of dangerous goods shall be composed of:

(a) The President, who shall be the Assistant Secretary for Development, may delegate the exercise of his duties to one of the Vice-Presidents appointed on behalf of the organs of the Ministry of Public Works.

(b) Four Vice-Presidents, to be appointed by the Assistant Secretary for Development: two from among the vowels representing the Ministry of Public Works, and the other two on a proposal, respectively, from the Ministries of the Interior and Science and Technology, from among the vocal representatives of these two departments.

c) Vowels, designated by the following ministerial departments:

One by the Ministry of Foreign Affairs.

Two by the Ministry of Defense, one from the Directorate General of Defense Policy and one from the Joint Chiefs of Defense.

Three by the Ministry of the Interior, at the rate of one voice for each of the following management bodies: Directorate General of the Civil Guard, General Directorate of Traffic and Directorate General of Civil Protection.

Five by the Ministry of Public Works, at the rate of one voice for each of the following management bodies: Directorate General of Railways, Directorate General of Civil Aviation, Directorate General of the Merchant Navy, Directorate General Transport by Road and Technical Secretariat for Transport.

One by the Ministry of Agriculture, Fisheries and Food, through the General Secretariat of Agriculture and Food.

One by the Ministry of Health and Consumer Affairs, through the Directorate General of Public Health.

One by the Ministry of Environment.

Three by the Ministry of Economy, through the Directorate General of Energy Policy and Mines.

Two by the Ministry of Science and Technology, through the Directorate General of Technology Policy.

The vowels referred to in the preceding paragraphs shall be designated by the holders of the respective organs among officials with the category of deputy director-general, except in the case of vowels. representatives of the Ministry of Defence and the Directorate-General of the Civil Guard, who, if they are military, shall be employed, at least in the category of officers.

d) A vowel representing each of the autonomous communities and the cities of Ceuta and Melilla.

e) The Head of the Cabinet for the Management and Coordination of the Transport of Dangerous Goods, also with the status of vowel.

2. The plenary session shall meet at least once a year and shall be convened by the President, on an extraordinary basis.

Article 6. The Standing Committee.

1. The Standing Committee shall be composed of the President, the four Vice-Presidents and the Head of the Management and Coordination Cabinet for the Transport of Dangerous Goods. In addition to the above, and upon convening the President, representatives of the ministries most directly affected by the nature of the issues to be addressed will attend their meetings.

2. The Standing Committee is the body responsible for giving the guidelines to which the members of the Commission's representations for the coordination of the transport of dangerous goods taking part in their action should be subject to their action. international meetings on the transport of dangerous goods, except in cases where the plenary session is required for the exercise of this power.

Also, it is up to the Standing Committee to exercise the functions in the field of study, report issuance, impulse of the procedures, proposal and disclosure of the legislation referred to in paragraphs (a), (b), (c), (d) and (f) of Article 3, without prejudice to the fact that the Plenary Session may be exercised in those cases where it considers it appropriate.

Article 7. Subcommittees and working groups.

1. Both within the plenary and the Standing Committee, subcommittees may be set up for each mode of transport and working groups on specific subjects or subjects, with the following tasks:

a) Carry out the studies and projects entrusted to them by the commission.

b) Report on how many aspects the commission is referring to.

c) Discovering legislation on the transport of dangerous goods.

d) Propose to the commission the analysis of some aspect related to the transport of dangerous goods.

2. Members of subcommittees and working groups may propose, in good time, that other topics other than those already included on the agenda of the meetings convened be dealt with.

Article 8. The Secretary.

The President of the collegiate body shall appoint, from among the members of the General Administration of the State, the Secretary of the Plenary and the Permanent Commission. It will also decide who will replace it temporarily in case of vacancy, absence or illness.

Article 9. Technical and administrative support to the commission.

1. The Technical Secretariat for Transport of the Assistant Secretary for Development, through the Cabinet for the Management and Coordination of the Transport of Dangerous Goods, is in charge of the management of the commission and provides to this and its organs the technical support and (a) the administrative authorities who require the effective performance of their duties.

2. It is up to the Head of the Management and Coordination Cabinet for the Transport of Dangerous Goods to report and propose the measures and resolutions relating to the powers of the committee, as well as to carry out their agreements. It also corresponds to the direction and coordination of the Spanish delegations in the international meetings on the transport of dangerous goods, when these functions are not exercised by the Ministry of Foreign Affairs.

Article 10. Participation and collaboration with the commission.

When the nature of the matters to be dealt with so requires, they may be invited to attend as advisers, both to the plenary sessions and to the Permanent Commission and to the subcommittees or working groups, representatives of any undertakings, entities, bodies or associations involved in the transport of dangerous goods, as well as persons who, for their knowledge on the matter, are deemed to be suitable.

Additional disposition first. System of operation of the commission.

Without prejudice to the particularities provided for in this royal decree, the organisation and operation of the Commission for the coordination of the transport of dangerous goods shall be governed by the provisions of Chapter II of the Title II of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Additional provision second. No increase in public spending.

The approval of this royal decree will not increase public spending. The organisation and operation of the Commission for the coordination of the transport of dangerous goods shall be carried out with the personal and material means of the Subsecretariat.

Additional provision third. Special arrangements for military transport.

The transport of dangerous goods which comply with military activities shall be governed by the general rules for such transport, without prejudice to the particularities to be established by reason of their purpose and special purpose. characteristics.

Single repeal provision. Regulatory repeal.

Royal Decree 1952/1995 of 1 December 1995 determining the competent authorities for the transport of dangerous goods and regulating the commission for the coordination of such transport, and How many provisions of equal or lower rank are opposed to what was established in this royal decree.

Final disposition first. Regulatory development.

By the Ministers of Foreign Affairs, Defence, Interior, Development, Agriculture, Fisheries and Food, Health and Consumer Affairs, the Environment, the Economy and Science and Technology, they will be given, jointly or separately, depending on the matters in question, the provisions required for the development of this royal decree.

Final disposition second. Amendment of Article 1 (a) (3) and (c) .7. to the entry into force of Protocol 1999 to the International Convention on International Carriage by Rail (COTIF).

The Ministers for Foreign Affairs and Development are hereby authorized to amend by joint order the wording of paragraphs (a) (3) and (c) .7. of Article 1 of this royal decree in order to bring their tenor into line with the amendment of the International Convention on International Carriage by Rail (COTIF) operated by Protocol 1999, made in Vilnius on 3 June 1999, once it enters into force.

Final disposition third. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, 3 October 2003.

JOHN CARLOS R.

Deputy Prime Minister and Minister of the Presidency,

JAVIER ARENAS BOCANEGRA