Royal Decree 886/1988 of 15 July on the prevention of major accidents in certain industrial activities, as amended by Royal Decree 952/1990 of 29 July, incorporated into our legal order the Directive 82 /501/EEC of the Council of 24 June concerning the risks of major accidents in certain industrial activities, as well as their amendments to Directives 87 /216/EEC and 88 /610/EEC of 19 March and 24 November respectively.

Also, in compliance with Law 2/1985 of 21 January, of Civil Protection, and of Royal Decree 407/1992 of 24 April, approving the basic standard of Civil Protection, in which the essential guidelines are laid down For the preparation of the special plans to deal with specific risks, as is the case with chemical risk, it was adopted by the Council of Ministers at its meeting on 23 November 1990, following a report by the National Commission on Civil protection, the Agreement establishing the basic guideline for the preparation and approval of the Special plans for the chemical sector.

After more than ten years of experience in the implementation of Directive 82/501/EEC, and following the analysis of some 130 accidents that have taken place during that period of time in the European Union, the European Commission considered a fundamental revision of the Directive should be carried out, which will include the extension of its scope and the inclusion of some aspects missing in the original Directive, which will improve the management of risks and accidents. This has led to the adoption of Council Directive 96 /82/EC of 9 December on the control of the risks inherent in major accidents involving dangerous substances, which is intended to obtain a a high level of protection for people, goods and the environment in the face of serious accidents, by means of measures aimed at both their prevention and the limitation of their consequences and which, among other developments, raises the need for account for the location of the facilities in the town planning planning.

The adoption of this new Directive 96 /82/EC makes it necessary to adopt a standard for incorporation into our legal system, replacing the aforementioned Royal Decrees 886/1988 and 952/1990.

This provision is made in the development of Law 2/1985 of 21 January of Civil Protection, which, in its articles 5, 6 and 12, establishes the cataloging of activities that can cause emergencies and the inventory of centers, establishments and dependencies on which they are carried out, as well as the obligation of their holders to have an organisation for self-protection and an internal emergency plan for the prevention of risks and immediate control of the claims that may occur.

It also provides for the power of competent bodies and authorities to require information on certain issues and the ability of public administrations to develop an external emergency plan that, together with with the aforementioned internal emergency plan, they constitute a single integrated action plan.

On the other hand, Law 21/1992 of 23 July, of Industry, provides in Chapter I, "Industrial security", of Title III, the provisions of Law 2/1985, of Civil Protection, and typifies in its title V, " Infractions and "sanctions", failure to comply with the security measures provided for in this Law and in the regulatory framework for development.

With respect to the previous regulation, this Royal Decree provides for new definitions, establishes a single system of scope, which has been extended and simplified, disappearing the lists of installations industry, including a short list of listed substances and using more generic criteria to establish the categories of substances, including, for the first time, those that are dangerous to the environment.

New requirements are incorporated to be met by the operator of the affected establishment, in order to carry out a serious accident prevention policy that includes the objectives and principles of the industry with with regard to the prevention and control of risks, as well as a safety management system describing the various elements put in place to define and implement the prevention policy.

Special attention is paid to accidents with possible "domino" effects, due to the location and proximity of establishments in which dangerous substances are present. It should be noted, on the other hand, that the inspection systems are strengthened in order to ensure consistent policies in this area throughout the European Union. It has also been considered appropriate to enhance and improve the flow and exchange of information on serious accidents both between the industrial and the competent authorities in each case and between the latter and the European Commission, know their causes and effects and take into account the experiences they bring, so that similar accidents do not occur again.

Finally, in Annex IV, Decision 98 /433/EC of the European Commission of 26 June on harmonised criteria for the granting of exemptions in accordance with Article 9.6 (a) of Directive 96 /82/EC is laid down.

The measures provided for by this Royal Decree on the prevention, preparedness and response to accidents capable of having cross-border effects, as well as on the exchange of information with the competent authorities of the Member States. the countries concerned take account of the provisions of the Convention on the Transboundary Effects of Industrial Accidents of the United Nations Economic Commission for Europe, which was signed on 17 March 1992 by the Spanish State and ratified on 16 May 1997, taking into account the reserve established by the European Commission concerning the fact that, for the products expressly nominated: Bromo, methanol and oxygen and for the category of substances dangerous to the environment, the quantity to be considered is that of the present Royal Decree.

In its virtue, on the proposal of the Ministers of the Interior, of Development, of Labor and Social Affairs, of Industry and Energy, of Health and Consumer and of the Environment, according to the Council of State and after deliberation of the Council of Ministers of the day 16 July 1999,

DISPONGO:

Article 1. Object.

This Royal Decree aims at the prevention of serious accidents involving dangerous substances, as well as the limitation of its consequences in order to protect people, property and the environment. environment.

Article 2. Scope.

The provisions of this Royal Decree shall apply to establishments in which dangerous substances are present in quantities equal to or greater than those specified in column 2 of Parts 1 and 2 of Annex I, with the exception of Articles 9 and 11 as regards external emergency plans-and the provisions of Article 13, the provisions of which shall apply to establishments in which dangerous substances are present in the quantities equal to or greater than those specified in column 3 of Parts 1 and 2 of Annex I.

For the purposes of this Royal Decree, the presence of dangerous substances shall be understood to be their actual or intended presence in the establishment or appearance of such substances which may, where appropriate, be generated as a result of the loss of control of a chemical industrial process, in quantities equal to or greater than the thresholds set out in Parts 1 and 2 of Annex I.

Article 3. Definitions.

For the purposes of this Royal Decree:

Establishment: The entire area under the control of an industrial site where hazardous substances are found in one or more facilities, including common or related infrastructure or activities.

Installation: A technical unit within an establishment where dangerous substances are produced, used, manipulated, transformed or stored. It includes all equipment, structures, pipes, machinery, instruments, special railway branches, docks, loading or unloading docks for use of the installation, spikes, tanks or similar structures, whether or not they are afloat, necessary for the operation of the installation.

Industrial: Any natural or legal person who exploits or owns the establishment or facility, or any person who has delegated, in relation to technical functioning, a determining economic power.

Dangerous substances: The substances, mixtures or preparations listed in Part 1 of Annex Io which meet the criteria set out in Part 2 of Annex I, and which are present in the form of raw materials, products, by-products, waste or intermediate products, including those that may be reasonably thought to be generated in the event of an accident.

Serious Accident: Any event, such as an emission in the form of leakage or discharge, major fire or explosion, resulting from an uncontrolled process during the operation of any establishment to which it is application of this Royal Decree, which poses a situation of serious risk, immediate or deferred, to persons, property and the environment, either inside or outside the establishment, and in which one or more persons are involved hazardous substances.

Danger: The intrinsic capacity of a dangerous substance or the potentiality of a physical situation to cause harm to people, property and the environment.

Risk: The likelihood of a specific effect occurring over a particular period of time or in certain circumstances.

Storage: The presence of a certain amount of hazardous substances for storage purposes, custody or reservation.

domino effect: The concatenation of effects that multiplies the consequences, because dangerous phenomena can affect, in addition to the external vulnerable elements, other containers, pipes or equipment thereof the establishment or other nearby establishments, in such a way as to produce a new leak, fire, burst, burst into the premises, which in turn will cause new dangerous phenomena.

Article 4. Exclusions.

This Royal Decree will not apply to:

(a) The establishments, facilities or military storage areas.

(b) The risks and accidents caused by ionizing radiation.

(c) The transport of dangerous substances by road, rail, inland waterway and sea or air, including intermediate temporary storage, loading and unloading activities and transfer from or to, docks, jetties or railway stations of classification, outside the establishments to which this Royal Decree applies.

(d) The transport of dangerous substances by pipeline, including pumping stations, located outside the establishments to which this Royal Decree applies.

e) The activities of the extraction industries engaged in the exploration and exploitation of minerals in mines and quarries, as well as by drilling.

f) Waste dumps.

g) The establishments regulated in the Explosives Regulation, approved by Royal Decree 230/1998 of 16 February.

Article 5. General obligations of the industry.

The industrialists whose establishments are applicable this Royal Decree are obliged to:

(a) Adopt the means provided for in this Royal Decree and how many are necessary to prevent serious accidents and limit their consequences for persons, property and the environment.

(b) Collaborate with the competent bodies of the Autonomous Communities and demonstrate, at all times, and in particular on the basis of the checks and inspections referred to in Article 19, that they have taken all necessary measures provided for in this Royal Decree.

Article 6. Notification.

1. The manufacturers, whose establishments are of application of this Royal Decree, are obliged to send a notification to the competent authority of the Autonomous Community where they radiate, containing at least the information and data which are listed in Annex II.

2. The notification referred to in paragraph 1 shall be submitted by the operator:

(a) In the case of new establishments, prior to the commencement of construction, within the time limit determined by the Autonomous Community.

(b) In the case of existing establishments which are not subject to the date of entry into force of this Royal Decree, to the provisions of the Royal Decrees 886/1988 of 15 July 1988 on the prevention of major accidents in certain industrial activities, and 952/1990, amending the Annexes and supplementing the provisions of Royal Decree 886/1988, within one year of the date of entry into force of this Royal Decree.

(c) In the case of existing establishments in respect of which the industry, under the abovementioned Royal Decrees 886/1988 and 952/1990, has already informed the competent bodies, such information shall be notified to the competent bodies. updated, in accordance with the provisions of this Royal Decree, within six months of its entry into force.

3. The operator shall immediately inform the competent authority of the Autonomous Community, where the establishment is located, of the following circumstances:

(a) The significant increase in the quantity or significant modification of the characteristics or physical form of the dangerous substances present indicated in the notification sent by the industrialist under the paragraph 1 of this Article.

b) Any changes in processes involving dangerous substances.

c) The temporary or definitive closure of the installation.

Article 7. Severe accident prevention policy.

1. The industrialists of all the establishments to which this Royal Decree applies, must define their policy of prevention of serious accidents and translate it into a written document.

2. This policy shall cover and reflect the general objectives and principles of action laid down by the industry in relation to the control of the risks of serious accidents, in respect of the elements referred to in Annex III, relating to: to:

a) Organization and personnel.

b) Identification and assessment of major accident hazards.

c) Control of the operation.

d) Adaptation to modifications.

e) Planning for emergency situations.

f) Tracking the targets set.

g) Audit and review.

3. The implementation of this serious accident prevention policy shall be aimed at ensuring a high level of protection for persons, property and the environment through appropriate means, structures and management systems.

4. This document shall be kept at the disposal of the competent bodies of the Autonomous Communities with a view, in particular, to the application of Article 5 (b) and Article 19

5. The time limits for the preparation shall be:

(a) For new establishments, before their operation is initiated, within the time limit to be determined by the Autonomous Community.

(b) For existing establishments which are not subject to the provisions of Royal Decrees 886/1988 and 952/1990, to the date of entry into force of this Royal Decree, within three years from this date.

(c) For other establishments within two years from the date of entry into force of this Royal Decree.

6. For those establishments to which the provisions of Article 9 of this Royal Decree are applicable, this document shall form part of the security report.

Article 8. Domino effect.

1. The competent bodies of the Autonomous Communities, using the information received from the industry pursuant to Articles 6 and 9, shall determine the establishments or groups of establishments in which the probability and consequences of a serious accident may be increased due to the location and proximity between such establishments and to the presence of dangerous substances in these establishments.

2. The competent bodies of the Autonomous Communities shall establish communication protocols to ensure that the establishments so determined:

(a) The necessary data must be properly exchanged, in order to enable industrialists to take into account the nature and magnitude of the overall risk of major accidents in their accident prevention policies. serious, security management systems, security reports, and internal emergency plans;

(b) Cooperate in the information to the population in accordance with the provisions of Article 13.

3. Safety reports shall include those accidents which may occur as a result of a domino effect, between installations of the same establishment.

Article 9. Security report.

1. Manufacturers of establishments in which dangerous substances are present in quantities equal to or greater than those specified in column 3 of partes1 and 2 of Annex I are obliged to draw up a safety report, which shall be object:

(a) Prove that a serious accident prevention policy and a safety management system have been established for its implementation in accordance with the elements set out in Annex III;

b) Demonstrate that the risks of accidents have been identified and assessed, with particular rigour in cases where these can lead to serious consequences, and that the necessary measures have been taken to prevent them and to limit its consequences for people, goods and the environment;

(c) Prove that the design, construction, operation and maintenance of any installation, storage area, equipment and infrastructure linked to its operation, which are related to the risk of a serious accident in the establishment, they have sufficient security and reliability;

d) Demonstrate that internal emergency plans have been developed and provide the necessary data to enable the development of the external emergency plan to take the necessary measures in the event of a major accident;

e) Provide sufficient information to the competent authorities to enable them to make decisions on the implementation of new establishments or the authorisation of other projects in the vicinity of the existing establishments.

2. The serious accident prevention policy and the safety management system shall form part of the safety report, in addition to the data and information specified in the mandatory declaration of the Basic Guideline for the preparation and approval of the chemical sector's special plans.

The Ministry of Industry and Energy, through the Directorate of Industry and Technology, may propose to the Industrial Safety and Coordination Council a set of minimum requirements for the technical content of the security to be prepared for various types of establishments. These technical requirements shall be focused exclusively on specifications required for equipment, installations, systems and industrial organisation, with a generic character.

3. In accordance with Article 17, the safety report and any other studies or reports of a similar nature to be carried out by industrialists under the applicable sectoral legislation may be merged into a a single document for the purposes of this Article, where such a merger allows for the avoidance of unnecessary duplication of information and the repetition of the work carried out by the industrial or competent authority, provided that all the requirements of this Article.

4. The operator shall submit to the competent authority of the Autonomous Community the safety report to be evaluated. For the assessment of safety reports, the competent authority of the Autonomous Community may, if it considers it appropriate, require the cooperation of the control bodies accredited in accordance with the provisions of Royal Decree 2200/1995, December 28, by which the infrastructure regulation for industrial quality and safety is approved.

5. In the event that the establishment is located in the port public domain, this report will be taken into account by the relevant port authority for the preparation of the port's internal emergency plan, in accordance with the legislation Applicable Sectoral.

6. The presentation of the safety report to the competent authority of the Autonomous Community shall be carried out in accordance with the following deadlines:

(a) For new establishments, prior to the commencement of their construction or their operation, within a time limit to be determined by the Autonomous Community.

(b) For existing establishments, which are not yet subject to the provisions of the Royal Decrees 886/1988 and 952/1990, on the date of entry into force of this Royal Decree, within three years from the date of entry into force of this Royal Decree.

(c) For other establishments, within two years from the date of entry into force of this Royal Decree.

(d) Immediately, after the periodic review referred to in paragraph 8 of this Article.

7. Once the safety report has been evaluated, the competent authority of the Autonomous Community shall, within a maximum of six months, decide on the safety conditions of the establishment in respect of serious accidents in any of the following areas: senses:

a) It shall communicate to the industry its conclusions on the examination of the safety report, if any, upon request for further information.

(b) It shall prohibit the entry into service or continuation of the activity of the establishment concerned, in accordance with the powers and procedures provided for in Article 18.

8. The safety report shall be reviewed and, where appropriate, regularly updated as follows:

a) At least every five years.

(b) At any time, on the initiative of the operator or at the request of the competent authority, where it is justified by new data or in order to take account of new technical knowledge on safety.

9. Where it is demonstrated, upon application by the operator, that certain substances existing in the establishment or part of the establishment itself cannot present a significant danger of a major accident, the competent authority may limit the the information required in the safety report, in accordance with the criteria set out in Annex IV.

10. The competent authority may also require manufacturers of establishments in which dangerous substances are present in quantities equal to or greater than those specified in column 2 of Parts 1 and 2 of Annex I to draw up and refer to that body certain aspects of the safety report which may be necessary for compliance with the provisions of Article 7.

11. The decisions referred to in paragraph 8 and 9, once adopted by the competent authority of the Autonomous Community, shall be notified to the National Civil Protection Commission.

Article 10. Modifying an installation, setting, or storage zone.

In case of modification of an establishment, installation, storage area, procedure and form of operation or of the characteristics and quantities of dangerous substances which may have significant consequences for The risk of serious accident, industrial accident:

(a) Review and, where appropriate, amend the policy for the prevention of serious accidents, the safety management system and the internal emergency plan referred to in Articles 7, 9 and 11 within the time limits. provided for in these precepts.

(b) Review and, where appropriate, amend the safety report and report in detail to the competent authority of the Autonomous Community referred to in Article 16 on such amendments before proceeding with them.

Article 11. Emergency plans.

1. In all establishments subject to the provisions of this Royal Decree, the industrial operator must draw up a self-protection plan, called an internal emergency plan, in which the organisation and assembly of the media are defined and procedures for action, in order to prevent accidents of any kind and, where appropriate, to limit the effects within the establishment.

Its content shall be as specified in the Basic Guideline for the elaboration and approval of special plans in the chemical sector and shall be drawn up after consultation of the establishment's staff, in accordance with the The provisions of Chapter V, relating to the consultation and participation of workers, of Law 31/1995 of 8 November of the Prevention of Occupational Risks.

2. This plan shall be forwarded to the competent authority of the Autonomous Community:

(a) For new establishments, before their operation is initiated, within the time limit set by the Autonomous Community.

(b) For existing establishments which are not subject to the provisions of the Royal Decrees 886/1988 and 952/1990, within three years from the date of entry into force of this Royal Decree.

(c) For other establishments, within two years from the date of entry into force of this Royal Decree.

3. The industrial establishment of establishments in which dangerous substances are present in quantities equal to or greater than those specified in column 3 of Parts 1 and 2 of Annex I shall provide the competent bodies of the Community with Autonomous, the information and support necessary for these to be able to draw up external emergency plans. This information will be provided by the industrialists within the following time limits:

(a) For new establishments, before their operation is initiated, within the time limit set by the Autonomous Community.

b) For existing establishments which are not subject to the provisions of the Royal Decrees 886/1988 and 952/1990, within three years, from the date of entry into force of this Royal Decree.

(c) For other establishments, within two years from the date of entry into force of this Royal Decree.

4. For the undertakings referred to in paragraph 3, the competent bodies of the Autonomous Communities shall draw up, with the cooperation of the industrialists, an external emergency plan to prevent and, where appropriate, mitigate the consequences of the possible serious accidents previously analysed, classified and evaluated, establishing the most appropriate protective measures, the human and material resources required and the coordination scheme of the authorities, bodies and services called to intervene.

5. Its approval content and procedure shall be in accordance with the provisions of the Basic Guideline for the elaboration and approval of special chemical plans.

The deadlines for processing will be as follows:

(a) For new establishments, three years after the start of their operation.

b) For existing establishments which are not subject to Articles 6 and 7 of Royal Decree 886/1988 and the amendments introduced by Royal Decree 952/1990, to the date of entry into force of this Royal Decree, in the period of five years from this date.

(c) For other establishments, within four years of the entry into force of this Royal Decree.

6. In order to draw up the external emergency plans, the competent bodies of the Autonomous Communities shall establish mechanisms for consultation of the population which may be affected by a major accident.

7. The competent bodies of the Autonomous Communities shall organise a system to ensure the periodic review and, where appropriate, the modification of the internal and external emergency plans, at appropriate intervals which shall not exceed three years. The review shall take into account both the changes in the establishments concerned and the organisation of the emergency services called to intervene, as well as new technical knowledge and knowledge. on the measures to be taken in the event of a major accident.

This system will ensure that all administrations, agencies and services involved have timely updates and reviews of emergency plans.

8. The competent authority of the Autonomous Community shall also ask the National Civil Protection Commission for a new type-approval, if it considers it appropriate, on the basis of periodic reviews, extensions, replacements or other changes that vary the conditions under which the initial approval was made.

9. The competent authority in the Autonomous Community may decide, in the light of the information contained in the safety report, that the provisions of paragraph 4 concerning the obligation to establish an external emergency plan shall not apply; provided that the impact of the accidents provided for in the safety report is shown to have no impact on the outside. This justified decision shall be communicated to the National Commission for the purposes referred to in Article 16.

Article 12. Spatial planning and limitations on the location of establishments.

1. The competent bodies of the Autonomous Communities shall ensure that the objectives of the prevention of serious accidents and the limitation of their consequences for the allocation or use of the soil are taken into account by monitoring:

a) The implementation of the new establishments.

(b) Changes to existing establishments referred to in Article 10.

c) The new works, carried out in the area of territorial influence resulting from the safety study of the establishment, such as communication routes, places frequented by the public or areas for housing, when the Site or executed works may increase the risk or consequences of the serious accident.

2. Land allocation policies shall take into account the need to maintain the appropriate distances between, on the one hand, the establishments referred to in this Royal Decree and, on the other, the housing areas, the areas frequented by the public and areas which have a natural interest, as well as, for existing establishments, the complementary technical measures referred to in Article 5, in order not to increase the risks to persons.

3. Within the policy of preventing accidents and limiting their consequences, the requirement for a technical opinion on the risks linked to the establishment may be laid down, prior to decisions of an urban nature.

Article 13. Information to the population regarding security measures.

1. The competent authority shall, in each case, in collaboration with the manufacturers of the establishments referred to in Article 9, ensure that persons liable to be affected by a major accident which starts at the time of the accident establishments, receive information on the safety measures to be taken and on the behaviour to be taken in the event of an accident.

2. That information shall be reviewed every three years and, in any case, when some of the proposed amendments contained in Article 10 are given. The information will be made available to the public on a permanent basis. The information shall contain at least the data set out in Annex V.

3. The competent authority shall, in each case, ensure that the safety report is made available to the public. The industry may request that it not disclose to the public certain parts of the report, for reasons of confidentiality of an industrial, commercial or personal nature, of public security or of national defense. In such cases, with the agreement of the competent authority, the operator shall provide the authority and make available to the public a report excluding these parts.

4. The competent authority, in each case, for the purposes of this Royal Decree, shall submit to the public information procedure, prior to its approval or authorization, the following projects:

(a) Projects of new establishments or installations referred to in Article 9.

(b) Projects for the modification of existing establishments or installations of those referred to in Article 9 and others which, as a result of the amendment, are affected by the scope of the said Article.

c) Work projects or buildings in the vicinity of existing establishments.

Article 14. Information to be provided by the operator in the event of a major accident.

The industrialists of all establishments within the scope of this Royal Decree will be obliged to comply, as soon as an incident or accident liable to cause a serious accident occurs, of the definition given in Article 3, and making use of the most appropriate means, the following:

(a) Immediately inform the competent bodies of the Autonomous Community. For this purpose, direct communication lines shall be appropriate with the emergency centre which the competent authority has at its disposal.

b) Communicate them as soon as possible, the following information:

1. The circumstances that have occurred for the accident to occur.

2. Dangerous substances and quantities initially involved in the accident, or which may be caused by adverse developments in the accident.

3. The data available to assess direct and indirect effects in the short, medium and long term, in people, goods and the environment.

4. The internal emergency measures taken.

5. The intended internal emergency measures.

6. The necessary external support measures for the control of the accident and the attention to those affected.

7. Other information referred to by the competent authority may be requested.

(c) Remiitriles, in detail, the causes and effects produced as a result of the accident.

d) Inform them of the measures envisaged for:

1. Mitigate the effects of the accident in the short, medium and long term.

2. Ensure the safety of the facilities in their environment and the protection of people, property and the environment.

3. Avoid similar accidents, based on the experience gained.

e) Update the information provided, in the event that more rigorous investigations reveal new facts that modify that information or the conclusions that may be drawn from it.

Article 15. Information to be provided by the competent authority of the Autonomous Community in the event of a major accident.

In order to ensure coordination in cases of serious accidents, between the authorities called to intervene, in order to limit its consequences, as well as to meet the information requirements of the Commission of the European Union, the competent bodies of the Autonomous Communities:

1. They shall inform the delegation of the Government concerned, and, where appropriate, the Subdelegation of the Government of the province in which the establishment is situated, at the time of the report of a serious accident. The communication shall be made as provided for in the Basic Guideline for the elaboration and approval of the chemical sector's special plans.

2. They shall forward to the Directorate-General for Civil Protection, through the Delegation of the Government concerned, as soon as possible, information on serious accidents occurring on their territory. For those meeting the criteria set out in Annex VI to this Royal Decree, this information shall contain at least the following information:

a) Name and address of the authority responsible for producing the report.

b) Date, time and place of the serious accident, full name of the operator and location of the establishment concerned.

(c) A brief description of the circumstances of the accident, indicating the dangerous substances concerned and the immediate effects on persons, property and the environment.

d) A brief description of the emergency measures taken and the immediate precautions necessary to prevent similar accidents.

3. They shall also forward to the Directorate-General for Civil Protection, through the relevant Government Delegation, a full report on the causes, developments, actions and other measures taken during the emergency in and outside the country. affected facility, as well as experience arising from the accident, in order to improve the prevention of similar events.

4. For the implementation of paragraph 2y3, the corresponding standard formats shall be agreed within the National Civil Protection Commission, in accordance with the criteria recommended by the European Commission.

The Directorate-General for Civil Protection shall forward this standard information to the European Commission, as provided for in Article 16 of this Royal Decree.

5. In addition, the information referred to in paragraphs 2 and 3 shall be incorporated into the Central Bank for Data and Events, in accordance with the provisions of the Basic Guideline for the elaboration and approval of the chemical sector's special plans.

Article 16. Competent authorities.

Are considered competent authorities for the purposes of this Royal Decree:

1. The Ministry of the Interior, through the Directorate General of Civil Protection, for:

(a) Maintain a permanent relationship with the European Commission for the purposes of Directive 96 /82/EC of 9 December on the control of the risks inherent in major accidents involving substances dangerous, and in particular for:

1. Report, as soon as possible, of serious accidents that have occurred in the Spanish territory and which meet the criteria of Annex VI.

2. Exchange information on the experience gained in the prevention of major accidents and the limitation of their consequences.

3. To provide the Commission with a three-year report in accordance with the procedure laid down in Directive 91 /692/EEC of 23 December concerning the implementation of Directive 96 /82/EC in the Spanish State.

4. Communicate to the Commission a reasoned list of the establishments concerned by Article 9.

b) Maintain permanent relationship, in coordination with the relevant Government Delegations, with the competent bodies of the Autonomous Communities for the purposes set out in this Royal Decree and in particular for:

1. To receive and evaluate the data of the notification referred to in Article 6 on the establishments concerned in order to maintain and update the Central Bank for Data and Events.

2. To collect reports or questionnaires related to technical aspects and the implementation of this provision.

3. To produce regular reports on the lessons learned from serious accidents in Spain, according to the information set out in Article 15.

c) To inform, through the National Civil Protection Commission, about the initiatives, actions and exchange of experiences, generated by the technical groups constituted by the European Commission, its results and the dissemination of the same.

(d) making available to other Member States of the European Union which could be affected by potential cross-border effects of a serious accident occurring in an establishment as referred to in Article 9; in Spanish territory, information sufficient to enable the Member State concerned to take the necessary preventive and protective measures and to transfer the information to the competent authorities of the Autonomous Communities received from other Member States in relation to serious accidents at establishments of the nature referred to, located outside the Spanish territory, which could potentially affect their geographical scope.

e) to make available to the Member States concerned the decision that an establishment close to its territory may not present any danger of a serious accident outside its perimeter and does not require an external emergency plan; in accordance with Article 11 (9), as well as to transfer to the competent bodies of the Autonomous Communities the decision by other Member States close to their territory not to draw up the external emergency plan.

(f) To know and to transfer to the National Civil Protection Commission the proposal for the approval of the external emergency plans which have been drawn up and approved by the competent bodies of the Autonomous Communities, as its successive revisions.

g) To participate in the execution of the external emergency plans in the cases where the direction and coordination of the actions corresponds to the Ministry of the Interior, in compliance with the provisions of the Royal Decree 407/1992, of 24 April, for which the basic standard of civil protection is adopted.

2. The competent bodies of the Autonomous Communities for:

(a) to receive, evaluate and use the information referred to in Articles 6 to 11 and, where appropriate, the information referred to in Article 14, and to collect as much data as is deemed appropriate for the exercise of its data; competencies.

(b) Develop, approve and forward to the National Civil Protection Commission, for its approval, the external emergency plans of the establishments affected by Article 9 of this Royal Decree, provided for in Article 11. For the implementation and maintenance of emergency plans, forms of collaboration between different public and private administrations and entities may be established.

c) Order the implementation of the external emergency plans and direct them, in accordance with the Basic Guideline for the elaboration and approval of the chemical sector's special plans.

(d) To inform the relevant Government Delegation and, where appropriate, the Government Subdelegation in the province where the establishment is located, at the time of the news of a major accident

e) Develop and report the reports that the European Commission requests, on the application of this Royal Decree, through the Directorate General of Civil Protection.

(f) Ensure compliance with the obligations set out in this Royal Decree by exercising the appropriate inspection and sanction powers, in accordance with the legal order.

3. The Government's Delegates in the Autonomous Communities or, where appropriate, the Government Subdelegates, in accordance with the provisions of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State, and other rules applicable, for:

a) Collaborate with the competent bodies of the Autonomous Communities in the elaboration of the external emergency plans.

b) Receive and transfer to the Directorate General of Civil Protection the information provided for in this Royal Decree, which must be provided by the Autonomous Communities.

c) To collect as much data, studies, and reports as necessary in order to exercise the competencies, functions and powers that are recognized by their regulatory provisions.

d) To direct the execution of the external emergency plans in coordination with the corresponding Autonomous Community, when such execution is assumed by the Ministry of the Interior, in accordance with the basic standard of protection civil.

4. Municipalities or other local authorities, where appropriate, for:

(a) Collaborate with the competent bodies of the Autonomous Community in the elaboration of the external emergency plans, which affect its municipal term, providing the necessary information, including the data relating to population censuses, municipal mapping, identification of escape routes, organisation of municipal civil protection and other equivalents.

b) Develop and keep up to date the municipal or local action plan, following the guidelines of the external emergency plans; participate in the execution of the latter, directing and coordinating the measures and actions referred to in those, such as notices to the population, activation of the precise protection measures and conduct of exercises and drills of civil protection.

c) Approve in the Corporation's plenary session the municipal or local action plan and refer it to the Autonomous Civil Protection Commission for approval.

(d) Immediately inform the competent authority of the Autonomous Community of serious accidents arising from the municipal term, as well as of any incidents that may result in its triggering, regardless of of the warning systems to be determined in the external emergency plan.

5. The Port Authorities for:

(a) The receipt of the information provided for in Articles 6, 7, 9, 10 and 11 of this Royal Decree, which must be provided by the industry, in addition to the competent bodies of the Autonomous Communities, in cases where the the establishments are located in the port public domain.

b) The adoption of risk protection measures through collaboration with the competent bodies of the Autonomous Communities in the preparation of the external emergency plan, in relation to those establishments which are are located in the port public domain.

6. The Maritime Capitanies for:

The exercise of functions relating to the fight against pollution of the marine environment in waters located in areas where Spain exercises sovereignty, sovereign rights or jurisdiction, as provided for in the article 88 of Law 27/1992, of 24 November, of Ports of the State and of the Merchant Navy.

Article 17. Coordination and administrative cooperation.

1. Public administrations, in compliance with the provisions of this Royal Decree, shall act in accordance with the principles of coordination and collaboration.

2. The competent authorities shall ensure that the information of interest obtained under this Royal Decree is made available to the competent authorities in each case in the field of civil protection, risk prevention for the human health, prevention of occupational risks, safety and industrial quality, protection of the environment, spatial planning and urban planning and ports.

Article 18. Prohibition of exploitation.

1. The competent bodies of the Autonomous Communities may prohibit the operation or entry into service of any establishment, installation, storage area, or any part thereof, where:

(a) The measures taken by the operator of the facility for the prevention and reduction of serious accidents are considered to be manifestly insufficient.

(b) The operator has not submitted the notification, safety report or other information required by this Royal Decree within the time limit set.

2. The competent authority of the Autonomous Community shall inform the National Civil Protection Commission of the decisions taken pursuant to paragraph 1 of this Article.

Article 19. Inspection.

1. The competent bodies of the Autonomous Communities shall establish an inspection system and control measures appropriate to each type of establishment within the scope of this Royal Decree. The inspections shall enable a planned and systematic examination of the technical equipment, the organisation and the management modes applied in the establishment, in order to enable the operator to demonstrate, in particular:

a) That you have taken appropriate measures, based on the activities carried out in the establishment, to prevent serious accidents.

b) That it has taken the necessary measures to limit the consequences of serious accidents inside and outside the establishment.

c) That the data and information provided in the security report or any other report or notification presented accurately reflects the security of the establishment.

d) That it has established programmes and informed staff of the establishment on protective and action measures in the event of an accident.

2. The inspection system provided for in paragraph 1 shall meet at least the following conditions:

(a) There shall be an inspection programme for all establishments. Unless the competent authority has established a programme of inspections on the basis of a systematic assessment of the hazards inherent in serious accidents related to the establishment under consideration, the programme shall be carried out by the competent authority. shall include at least every 12 months an on-site inspection of each establishment referred to in Article 9 by the competent authority.

(b) After each inspection carried out, the competent authority shall draw up a report.

(c) The monitoring of each inspection carried out by the competent authority shall be carried out, where appropriate, in collaboration with the management of the establishment, within a time limit to be determined by the Autonomous Community, after the inspection.

d) In order to carry out the inspections, the competent authority of the Autonomous Community may, if it deems appropriate, require the collaboration of control bodies accredited by the competent authority, in accordance with the provisions of Royal Decree 2200/1995 of 28 December 1995 on the regulation of infrastructure for industrial quality and safety.

e) The competent bodies of the Autonomous Communities shall bring to the attention of the corresponding Autonomous Civil Protection Committees, by means of an annual report drawn up for this purpose, the results and circumstances which have busy in the inspections carried out.

(f) When of the inspection reports data of relevant interest are released for other areas of administrative action, in matters of risks to human health, safety and occupational health, safety and industrial quality, The competent authorities of the Autonomous Communities shall send copies of such reports to the respective competent authorities in such matters in order to enable them to take the necessary measures. relevant.

Article 20. Exchanges and information system.

1. The Directorate-General for Civil Protection of the Ministry of the Interior will draw up a Central Bank for Data and Events, which will keep the competent bodies of the Autonomous Communities at the disposal of serious accidents. This Bank should be a register of major accidents that have occurred in our country, as well as a system for the exchange of information including data on major accidents that have occurred in other Member States. the European Community.

2. The registration and the information system shall include, in relation to accidents, the information provided by the competent bodies of the Autonomous Communities in accordance with Article 15 of this Royal Decree.

3. Without prejudice to Article 21, a procedure shall be laid down, in order to enable this information system to be consulted by the departments of the various competent authorities, industrial or commercial associations, trade unions, non-governmental organisations dealing with the protection of the environment and international or research organisations operating in this field.

Article 21. Data confidentiality.

1. In the interests of greater transparency, the competent authorities shall, in each case, provide the information received pursuant to this Royal Decree at the disposal of any natural or legal person who so requests, in accordance with the terms laid down in this Regulation. Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

However, certain aspects of the information obtained by the competent authorities may, in each case, be of a confidential nature, where the applicable law so provides, if it affects:

(a) The confidential nature of the deliberations of the competent authorities.

b) The confidential nature of international relations and national defense.

c) Public security.

d) To the secret of instruction or of an ongoing judicial procedure.

e) To trade and industrial secrets, including intellectual property and industrial property.

f) To data or files relating to people's private lives.

g) To data provided by third parties when they request that their confidential nature be respected.

2. All persons who, in the exercise of their professional activity, may have access to this information, are obliged to keep professional secrecy about their content and to ensure their confidentiality.

Article 22. Infringements and penalties.

Failure to comply with this Royal Decree will be qualified and sanctioned in accordance with Title V "Infractions and Sanctions" of Law 21/1992, of July 16, of Industry.

Additional disposition first. Application of the explosives regulation.

1. This Royal Decree does not apply to the establishments regulated by the Explosives Regulation, approved by Royal Decree 230/1998 of 16 February, which will be governed by its specific regulations, except as regards the plans of external emergency, in which they shall be governed by the provisions of this standard.

2. For these purposes, the Government Delegation in the Autonomous Community where the establishment will transmit to the competent authority of the Autonomous Community, for the preparation of the external emergency plan, the certification of suitability and the express permission of the Government Delegate prior to its entry into operation, provided for in Articles 40 and 41 of that Regulation and any other documentation relating to changes in operating conditions. It shall also make available to the competent authority the documentation referred to in paragraphs 1.1. (a), (b) and (c) and 1.2. of Article 33, and in paragraphs 1.1. and 2. of Article 34 of that Royal Decree 230/1998.

Additional provision second. Application to Ceuta and Melilla.

The provisions contained in Article 16.2 of this Royal Decree are applicable by the competent bodies of the cities of Ceuta and Melilla.

Single transient arrangement. Documentary update.

The notifications made, the safety reports, the internal emergency plans, the approved emergency plans as well as the information provided to the public, under the Royal Decrees 886/1988 and 952/1990 they must be updated in accordance with the provisions of this Royal Decree, within the time limits laid down in Articles 6, 9, 11 and 13, until then remaining valid.

Single repeal provision. Regulatory repeal.

The Royal Decrees 886/1988, of 15 July, on the prevention of major accidents in certain activities, and 952/1990 of 29 July 1990, amending Royal Decree 886/1988, as well as the number of provisions of equal or lower rank that are contrary to the provisions of this Royal Decree.

Final disposition first. Regulatory adaptation.

The Government, as of the entry into force of this Royal Decree, will amend the basic guideline for the elaboration and approval of the special plans of the chemical sector, in order to proceed to its adaptation to the new requirements contained in this Royal Decree and in the Basic Civil Protection Standard.

Final disposition second. Regulatory enablement.

The Ministers of the Interior, Public Works, Labour and Social Affairs, Industry and Energy, Health and Consumer Affairs and the Environment are hereby authorised to amend, by joint ministerial order, the Annexes to this Royal Decree.

Final disposition third. Entry into force.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Madrid to July 16, 1999.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

FRANCISCO ALVEZ-HELMETS FERNANDEZ

ANNEX

Application of the Royal Decree

INTRODUCTION

1. This Annex applies to the presence of dangerous substances in any establishment, in accordance with the provisions of Article 3 of this Royal Decree, and determines the application of the relevant articles.

2. Mixtures and preparations shall be treated in the same way as pure substances provided that they comply with the concentration limits laid down in accordance with their properties according to the Regulation corresponding to the latest adaptation to progress. technical and indicated in note 1 to Part 2, unless a percentage composition or other description is specifically specified.

3. The amounts listed below as a threshold refer to each establishment.

4. The quantities to be taken into account for the application of the relevant articles are the maximum quantities present, or may be, at any given time. For the calculation of the total quantity present, no account shall be taken of any dangerous substances existing in an establishment only in an amount equal to or less than 2 per 100 of the quantity indicated as a threshold, if their situation within the establishment is such that it cannot cause a serious accident anywhere else in the establishment.

5. The rules set out in footnote 4 of Part 2, which regulate the addition of dangerous substances or categories of dangerous substances, shall apply where appropriate.

PART 1

Substance relationship

In case a substance or group of substances listed in this part also corresponds to a category in Part 2, the threshold quantities indicated in this Part 1 shall be taken into account.

 

(phosphine)

Column 1	Column 2	Column 3
Hazardous substances	Threshold quantity (tons) for application of
	(Articles 6 and 7)	(Article 9)
Ammonium Nitrate (see note 1)	350	2,500
ammonium Nitrate (see note 2)	1,250	5,000
arsenic pentoxide, arsenic (V) acid, and/or its salts	1	2
Arsenic Trioxide, Arsenic Acid (III) and/or its salts		0.1
		100			100	10	25
inhalable pulverulent (nickel monoxide, nickel dioxide, nickel sulphide, trinyl disulfide, dinikel trioxide)		1
ethylenimine	10	20
Fluor	10	20
formaldehyde (concentration ≥ 90 per 100)	5	50
	5	50
Hydrochloric acid (liquefied gas)	25	250
lead	5	50
Extremely flammable liquefied gases (including GPL) and natural gas	50	200
Acethylene	5	50
Oxide		50
	5	50
	500	5,000
to a method for the preparation of a method for the preparation of the invention	0.01
isocyanate
Oxygen	200	2,000
toluene	10	100
carbonyl dichloride (phosgene)	0.3	0.75
	0.2	1
1
0.2	1
1	1	1	15	75
Polychlorodibenzofurans and polychlorinated dibenzodioxins (including TCDD) calculated in TCDD equivalent		0.001
The following carcinogens:
	0.001	0.001
5,000	5,000	Order_table_body > 50,000

Notes:

1. Ammonium nitrate (350/2,500):

Refers to ammonium nitrate and mixtures of ammonium nitrate whose nitrogen content due to ammonium nitrate exceeds 28 per 100 by weight (other than those mentioned in Note 2) and to aqueous nitrate solutions Ammonium nitrate concentration exceeds 90 per 100 by weight.

2. Ammonium nitrate (1,250/5,000).

It applies to simple ammonium nitrate fertilisers in accordance with Directive 80 /876/CEEysas compound fertilisers whose nitrogen content due to ammonium nitrate exceeds 28 per 100 by weight (a compound fertiliser contains ammonium nitrate with phosphate and/or potash).

3. Polychlorinated dibenzofurans and polychlorinated dibenzodioxins.

The quantities of polychlorinated dibenzofurans and polychlorinated dibenzodioxins are calculated with the following weighting factors:

} Toxic Equivalence Factors (ITEF) for Risk Substance Families (OTAN/CCMS)

1,2,3,6,7,8-HxCDD}

2,3,7,8-TCDD	1	2,3,7,8-TCDF	0.1
1,2,3,7,8-PeDD	0.5	2,3,4,7,8-PeCDF	0.5
		1,2,3,7,8-PeCDF
1,2,3,4,7,8-HxCDD {
0.1	1,2,3,4,7,8-HxCDF {
1,2,3,7,8,9-HxCDD {		1,2,3,7,8,9-HxCDF}	0.1
		1,2,3,6,7,8-HxCDF {
		2,3,4,6,7,8-HxCDF}
	1,2,3,4,6,7,8-HpCDD
	OCDD	0.001	1,2,3,4,6,7,8-HpCDF}
		1,2,3,4,7,8,9-HpCDF {
		OCDF	0.001

(T = Tetra, P = penta, Hx = hexa, HP = hepta, O = octa.)

PART 2

Categories of substances and preparations not specifically referred to in Part 1

7.b

Column 1		Column 2	Column 3
Dangerous Substances Category	Threshold quantity (tons) of the hazardous substance the sense		(Articles 6 and 7)
		(Article 9)
	1.	Very toxic	5	20
2.	50		50	50	200
3.	50	50	200
4.	Explosive [when the substance or the preparation matches the definition in paragraph (a) of note 2]	50	200
5.	Explosive [when the substance or the preparation matches the definition in paragraph (b) of note 2]	10	50
6.	Inflamable [when the substance or the preparation matches the definition in paragraph (a) of note 3]	5,000	50,000
7.a	Very flammable [when the substance or the preparation matches the definition in paragraph b) .1 of note 3]	50	200
Very flammable liquid [when the substance or the prepared match the definition in paragraph (b) .2 of note 3]	50,000	50,000
8.	Extremely flammable [when the substance or the preparation matches the paragraph definition c) of note 3]	10	50
	9.	Substances hazardous to the environment in combination with the following risk phases:
	i) R50: " very toxic to organisms aquatrics "	200	500
	ii) R51:" toxic for aquatic organisms " and
	R53: "can cause long-term negative effects for the aquatic environment"	500	2,000
10.	Any different classification in combination with the following risk statements:
	i) R14: "reacts violently with water" (includes R14/15)	100	500
	ii) R29: " in contact with water releases gases toxic "	50	200

Notes:

1. The substances and preparations are classified according to the following rules:

(a) Royal Decree 363/1995 of 10 March 1995 approving the Regulation on the notification of new substances and the classification, packaging and labelling of dangerous substances and their subsequent amendments.

(b) Royal Decree 1078/1993 of 2 July 1993 approving the Regulation on the classification, packaging and labelling of dangerous preparations and their subsequent amendments.

c) Royal Decree 2163/1994 of 4 October imposing a harmonised Community system of authorisation and subsequent amendments thereto.

(d) Royal Decree 3349/1983 of 30 November 1983 approving the Technical and Health Regulations for the manufacture, placing on the market and use of pesticides, as amended by Royal Decree 162/1991 of 8 February 1991, and their subsequent modifications.

In the case of substances and preparations which are not classified as dangerous under any of the above rules but are present, or may be, in an establishment and which they possess or may possess in the conditions of establishment, equivalent properties to cause serious accidents, procedures for provisional classification shall be carried out in accordance with the relevant standard.

In the case of substances and preparations whose properties allow them to be classified in more than one way, the lower thresholds shall apply for the purposes of this Royal Decree.

2. Explosive means:

(a) (i) A substance or preparation that creates risks of explosion by shock, friction, fire or other sources of ignition (risk statement R2).

(ii) A pyrotechnic substance is a substance (or a mixture of substances) intended to produce a coloric, luminous, sound, gaseous or fumigated effect or a combination thereof, thanks to exothermic chemical reactions which are self-propelled, not detonating, or

iii) An explosive or pyrotechnic substance or preparation contained in objects;

b) A substance or preparation that creates great risks of explosion by shock, friction, fire or other sources of ignition (risk statement R3).

3. For flammable, highly flammable and highly flammable substances (category 6, 7 and 8),

following definitions shall apply:

(a) Inflamables: liquid substances and preparations whose flash point is equal to or greater than 21 ° C and less than or equal to 55 ° C (risk statement R10) and which maintain combustion.

b) Very flammable:

1) 1. Substances And Liquid Preparations Which Can Be Heated And Become Inflamed In Contact With Air At Room Temperature Without Any Added Energy (risk Statement R17);

2. Substances and preparations whose flash point is less than 55 ° C and which remain in the liquid state under pressure, when certain forms of treatment, such as high pressure or temperature, may create risks of serious accidents,

2. Liquid substances and preparations whose flash point is less than 21 ° C and which are not extremely flammable (risk statement R11, second indent);

c) Extremely flammable:

1) Liquid substances and preparations whose flash point is less than 0 ° C, the boiling point of which (or in the case of a range of ebullitions, the initial boiling point) at normal pressure is less than or equal to 35 ° C (risk statement R12, first indent), and

2) Substances and preparations in gaseous state which are flammable in contact with air at ambient temperature and pressure (risk statement R12, second indent), whether or not maintained in gaseous or liquid state under pressure, excluding highly flammable liquefied gases (including LPG) and natural gas referred to in Part 1, and

3) Liquid-state substances and preparations maintained at a temperature above their boiling point.

4. The addition of hazardous substances to determine the amount in an establishment will be carried out according to the following rule:

If the sum:

q₁/Q + q₂/Q + q₃/Q + q₄/Q + q₅/Q + ... > 1

where

qX = the amount of hazardous substance or category of hazardous substance X present included in Parts 1 and 2 of this Annex,

Q = the relevant threshold quantity in Parts 1 and 2,

then, the provisions of this Royal Decree will apply to the establishment.

This rule will be applied in the following circumstances:

(a) To substances and preparations appearing in Part 1 in quantities below their threshold quantity, at the same time as substances having the same classification in Part 2, as well as to the sum of substances and preparations with the same classification in Part 2.

b) To the sum of categories 1, 2 and 9 present in the same establishment.

c) To the sum of categories 3, 4, 5, 6, 7a, 7b and 8, present in the same establishment.

ANNEX II

Minimum information to be contained in the notification of Article 6

a) Industrial registration number.

b) Industrial name or business name and full address of the corresponding establishment, telephone and fax.

c) Industrial address of the industrial and full address, as well as telephone and fax.

(d) Name or position of the person responsible for the establishment, in the case of a person other than the operator referred to in paragraph (b), and the information necessary for its location 24 hours a day.

e) Information sufficient to identify dangerous substances are already expressly named or belong to substance categories according to Annex I to this Royal Decree:

Chemical name, CAS number, IUPAC nomenclature, other possible identifying names.

Maximum amount of the substance (s) present or which may be present (s).

If the substance or preparation is used in process or store.

Physical, chemical and toxicological characteristics and indication of hazards, both indirect and deferred for people, goods and the environment.

In the case of belonging to a category, it shall be indicated in addition to the name of the substance or specific preparation, the data for its exact identification in the standards referred to in that Annex for its classification, in one or other category.

f) The activity or activity intended for the installation or storage area.

g) Brief description of the technological processes.

h) Plan of establishment and distribution of facilities.

(i) Description of the immediate environment of the establishment and, in particular, of elements capable of causing a serious accident or of aggravating its consequences, such as establishments or facilities, equipment, holdings, infrastructure, etc.

ANNEX III

Elements to be included in Articles 7 and 9 relating to the safety management system and the organisation of the establishment with a view to the prevention of major accidents

1. The security management system shall include the general organisational structure, as well as the responsibilities, procedures, practices and resources to be used to define and implement the policy for the prevention of serious accidents (PPAG).

2. The security management system will consider the following elements:

i) Organization and personnel: Definition of roles and responsibilities of personnel associated with the prevention and risk management of serious accidents, at all levels of organization. Definition of the training needs of the staff, as well as the organisation of training activities and the participation of staff.

ii) Identification and assessment of the risks of major accidents: Adoption and systematic application of procedures to identify the risks of serious accidents and assess their consequences.

iii) Control of operation: Adoption and implementation of procedures and instructions for safe operation, maintenance of facilities, processes, equipment and temporary stops.

iv) Adaptation of the amendments: Adoption and implementation of procedures for the projects of the modifications to be made in existing facilities or storage areas or for the design of a new one installation, process, or storage zone.

v) Planning for emergency situations: Adoption and implementation of procedures to identify foreseeable emergencies based on a systematic analysis, as well as the development, verification and review of emergency.

(vi) Monitoring of the objectives set: Adoption and implementation of procedures for the permanent assessment of the achievement of the objectives set by the industry in the context of the accident prevention policy (a) the development of the security management system, as well as the development of research and correction mechanisms in the event of non-compliance. The procedures shall cover the system of reporting of major accidents in particular where there have been failures of the protection measures, and their investigation and monitoring on the basis of lessons learned.

vii) Audit and review: Adoption and implementation of procedures for the regular and systematic evaluation of the policy of prevention of serious accidents and the effectiveness and adaptability of the security management system.

ANNEX IV

Harmonised criteria for granting exemptions in accordance with Article 9

For the purposes of Article 9 (9) of this Royal Decree, the Commission has adopted the Decision of 26 June 1998 on the harmonised criteria for the granting of exemptions in order to limit the the information required in the security reports.

These criteria cannot affect the quantities of dangerous substances for the application of Article 9 of this Royal Decree.

An exemption may be granted, pursuant to Article 9 (9), where at least one of the following generic criteria is met:

1. Physical form of the substance: Substances in solid form which, under normal conditions and those abnormal which could reasonably be foreseen, cannot give rise to the release of matter or energy which may pose a risk of accident severe.

2. Containment and quantities: Substances packaged or confined in such a way and in such quantity that their maximum possible release, under any circumstances, cannot pose a serious accident risk.

3. Location and quantities: Substances present in such quantity and at such a distance from other dangerous substances (in the establishment or elsewhere) which cannot pose a serious risk of accident on their own or cause a serious accident in which they are Other dangerous substances are involved.

4. Classification: Substances defined as dangerous, by virtue of their generic classification in Part 2 of Annex 1 to this Royal Decree, but which cannot pose a risk of a serious accident and for which the generic classification is not appropriate for that purpose.

ANNEX V

Information to be provided to the population pursuant to Article 13 (1

1. Name of the operator and address of the establishment.

2. Identification, by expressing the charge, of the person providing the information.

3. Confirmation that the establishment is subject to the regulatory or administrative provisions implementing the Royal Decree and that the notification referred to in Article 6 (1) or the Regulation has been submitted to the competent authority security report referred to in Article 9 (1).

4. Explanation in simple terms of the activity or activities carried out in the establishment.

5. Common names or, in the case of dangerous substances listed in Part 2 of Annex 1, the generic or general hazard classification of existing substances and preparations in the establishment which may result in an accident serious, indicating its main hazardous characteristics.

6. General information on the main types of major accident hazards, including their potential effects on persons, property and the environment.

7. Appropriate information on how to alert and keep the affected population informed in the event of a major accident.

8. Appropriate information on the measures to be taken and the behaviour to be observed by the affected population in the event of a major accident.

9. Confirmation that the operator is obliged to take appropriate measures at the site, including that of coming into contact with the emergency services, in order to act in the event of a major accident and to limit its effects to the maximum.

10. Reference to the external emergency plan drawn up to deal with the effects of an accident outside the establishment, which shall include calls for cooperation, with instructions or instructions issued by the emergency services in the time of an accident.

11. Detailed information on how to obtain more information in this respect, without prejudice to the confidentiality requirements set out in the legislation in force.

ANNEX VI

Criteria for notification to the European Commission of an accident, in accordance with Article 15 (2)

I. The Directorate-General for Civil Protection, without prejudice to the powers of the Ministry of Development in the field of maritime pollution, shall notify the European Commission of any accident which complies with the condition described in point 1 or in paragraph 1. at least one of the consequences described in points 2, 3, 4 and 5.

1. Substances involved. -Any fire or explosion or accidental release of a dangerous substance in which an amount of not less than 5 per 100 of the quantity referred to as threshold in column 3 of Annex I is involved.

2. Damage to persons or property. -Accident in which a dangerous substance is directly involved and which originates from one of the following:

1. º One death.

2. º Six people injured within the facility requiring hospitalization for twenty-four hours or more.

3. º A person outside the establishment who requires hospitalization for twenty-four hours or more.

4. Housing (s) located outside the damaged establishment (s) and unusable because of the accident.

5. º Evacuation or confinement of persons for more than two hours (persons x hours): The product is equal to or greater than 500.

6. Inruption of drinking water, electricity, gas, or telephone services for more than two hours (persons x hours): The product is equal to or greater than 1,000.

3. Direct damage to the environment:

a) Permanent or long-term damage caused to terrestrial habitat.

b) 0.5 hectares or more of an important habitat from the point of view of conservation and protected by law.

c) 10 hectares or more of a more widespread habitat, including labor lands.

d) Significant or long-term damage caused to surface water habitat or marine habitat.

1. ° 10 kilometers or more of a river, channel or stream.

2. ° 1 hectare or more of a lake or pond.

3. ° 2 hectares or more than one delta.

4. ° 2 hectares or more of a coastal or maritime area.

e) Significant damage caused to an aquifer or groundwater: 1 hectare or more.

4. Material Damage:

a) Material damage to the property: From EUR 2,000,000.

b) Material damage outside the establishment: From EUR 0.5 million.

5. Cross-border data. -Any accident involving a direct intervention of a dangerous substance and originating for purposes outside the territory of the Member State concerned.

II. The Commission shall be notified of accidents and accidents which, while not complying with the above criteria, present, in the opinion of the Directorate-General for Civil Protection, a special interest from the technical point of view of the prevention of serious accidents and to limit their consequences.

* The case, could be taken as a reference to assess the following rules:

1. Law 29/1985, of 2 August, of Waters.

2. Royal Decree 849/1986, of 11 April, approving the Regulation of the Hydraulic Public Domain.

3. Royal Decree 927/1988 of 29 July, approving the Regulation of the Public Administration of Water and Hydrological Planning, as amended by Royal Decree 1541/1994 of 8 July.

4. Royal Decree 258/1989 of 10 March 1989 laying down general rules on discharges of dangerous substances from land to sea.

5. Royal Decree 734/1968 of 1 July establishing standards for bathing water quality.

6. Order of 16 December 1988 on the methods and frequencies of analysis or inspection of inland waters which require protection or improvement for the development of fish life.

7. Order of 11 May 1988 on basic quality characteristics to be maintained in inland waterways, as amended by Order of 30 November 1994.

In addition to the above mentioned standards, the lethal concentration 50 (CL50) may be taken into account for the representative species of the environment concerned, in accordance with the definition contained in Royal Decree 363/1995 of 10 March 1995. the Regulation on the Notification of New Substances and Classification, Packaging and Labelling of Dangerous Substances is adopted.