The Inter-Ministerial Commission for the Coordination of the Transport of Dangerous Goods was established pursuant to the provisions of Royal Decree 2619/1981 of 19 June, which also determined the powers of the Ministerial departments, repealing Decree 2674/1973 of 19 October 1973. Subsequently, the composition of the Commission was amended by the Order of the Ministry of Transport, Tourism and Communications of 8 September 1983, on the basis of the authorization contained in Article 7 of the Royal Decree, which was to adjust its composition to the administrative situation at the time of publication of the Ministerial Order.

However, the various administrative reforms introduced in recent years, advise to adapt the contents of the Royal Decree cited to the changes made.

Thus, the publication of Royal Decree 576/1991, of 21 April, establishing the basic structure of the Ministry of Public Works and Transport, created by Royal Decree 298/1991 of 12 March, and transformed today into Ministry of Public Works, Transport and Environment, by Royal Decree 1173/1993, of July 13, has assumed the creation of the General Secretariat for Transport Services, as an organ responsible for the general regulation of the sector and coordinator of the activity of the subsectors that make up the activity; the area of competence in which they are subsumed the functions conferred by Royal Decree 2619/1981, to the Inter-Ministerial Commission for the Coordination of Transport of Dangerous Goods.

In addition, the only additional provision of Royal Decree 1671/1993 of 24 September, amending the organic structure of the Ministry of Public Works, Transport and the Environment, attributes the Secretary-General to Transport Services the Presidency of the Inter-Ministerial Commission for the Coordination of the Transport of Dangerous Goods.

the other hand, the assumption of various competences in matters affecting the transport of dangerous goods by the Autonomous Communities makes it necessary to maintain and represent the same within the However, for this reason, however, it must modify its interministerial character, by co-existing within the same representations of different public administrations.

All this requires more than to modify the Royal Decree 2619/1981, of June 19, to issue a new regulatory provision of the aforementioned Inter-Ministerial Commission, in order to adapt the operation of this to the current structure of the Ministry of Public Works, Transport and the Environment and the institutional framework regulating the relations between the various public administrations.

In its virtue, with the report of the Inter-Ministerial Commission for the Coordination of the Transport of Dangerous Goods, on the proposal of the Ministers of Public Works, Transport and Environment, of Justice and Interior, of Industry and Energy, Agriculture, Fisheries and Food and Health and Consumer Affairs, with the approval of the Minister for Public Administrations, and after deliberation by the Council of Ministers at its meeting on 1 December 1995,

D I S P O N G O:

Article 1. Competent ministerial departments.

In international agreements concerning the transport of dangerous goods in which Spain is a party, and in the national regulations on the different modes of transport of such goods, the expression " authority competent " shall be understood as referring, without prejudice to the powers conferred on the Autonomous Communities, to the following:

(a) The Ministry of Justice and Home Affairs, with regard to the rules on the traffic and movement of vehicles, driving and accompanying, training and the declaration of suitability of drivers and the issue of the corresponding administrative authorisations for the driving of vehicles carrying dangerous goods, control and surveillance, without prejudice to those in the field of their respective powers, to be carried out by the departments concerned; reference in this article, address and coordination in accident cases, and in general in all cases concerning the safety of road traffic and the provisions in force in force for this Ministry.

(b) The Ministry of Industry and Energy, in respect of the determination of goods which, being considered dangerous for safety reasons, are not included in specific regulations; Characteristics of the units dedicated to the transport of dangerous goods, previous favourable report of the Ministry of Public Works, Transport and Environment, in that it affects the management of the transport of dangerous goods; regulations the technical nature of the inspection of vehicles and units of transport and on loading and unloading; international certification of special authorization of transport units in the land, sea and air modes; technical regulations for the approval of the type and assignment of corresponding passwords for the registration of the units of transport, large bulk containers, packaging and packaging, and, in general, in all the provisions in force, they are entrusted to the Ministry.

(c) The Ministry of Public Works, Transport and the Environment, with regard to the management of the transport of dangerous goods; the regulations on documentation or transport documents and on distinctive labels, labels and panels; control and monitoring of their compliance in coordination with the Ministry of Justice and Interior; in the matter of authorizations to carry out transport, with the establishment of itineraries if necessary, coordinating them previously with the bodies competent in the field of traffic, motor vehicle traffic and road safety; the rules on the design and conditioning of the load; in all the related use of the infrastructure in charge of the department where the transport of dangerous goods runs; storage, loading and unloading in the service area of ports and airports and, in general, as soon as the provisions in force are entrusted to that Ministry.

Also, the Ministry of Public Works, Transport and the Environment, prior to the report of the Permanent Commission referred to in Article 6 of this Royal Decree, will be competent to develop the approvals and waivers in the transport of goods by air and sea, in accordance with the provisions of the National Regulations for the non-risk of dangerous goods by air, in the rules governing international air transport; and in the International Maritime Code of Dangerous Goods (IMDG Code) of the Organization International Maritime; in order to agree with the competent authorities of the contracting parties, for the purposes indicated in the marginal 2010 and 10602 of the annexed to the European Agreement on the Transport of Dangerous Goods by Road (ADR), temporary derogations from the provisions of the said Agreement, to authorise certain transport operations and to make exceptions to the marginal provisions cited at national level; and to the effects identified in the Article 5, § 2 of the uniform rules concerning the contract of International Transport Goods by Rail (CIM), Appendix B to the Convention on International Carriage by Rail (COTIF).

(d) The Ministry of Agriculture, Fisheries and Food, in respect of the conditions under which the transport and movement of animal, contumaces, repugnant or likely to produce infections for the animals.

(e) The Ministry of Health and Consumer Affairs, with regard to the determination of goods which, being considered as dangerous to human health, are not included in specific regulations.

(f) The Ministry of Foreign Affairs, as regards the authorization for the transit of explosives by the national territory, in accordance with the provisions of Title VII of the Explosives Regulation, approved by the Royal Decree 2114/1978 of 2 March.

Article 2. The Commission for the Coordination of the Transport of Dangerous Goods.

The Commission for the Coordination of the Transport of Dangerous Goods, dependent on the Ministry of Public Works, Transport and the Environment, will exercise the functions of coordination of the competences of the Departments (a) the Ministry of Transport, the Ministry of Transport and the Ministry of Transport, the Ministry of Transport and the Ministry of Transport, the Ministry of Transport and the Ministry of Transport and the Commission. Ministries, in relation to any provision or rule that is designed to dictate on this matter.

The Commission for the Coordination of the Transport of Dangerous Goods will be the liaison agency in the relations with the international organizations, in matter of transport of dangerous goods, through the Ministry of Foreign affairs and in agreement with it.

Article 3. Functions.

For the purposes of the above Articles, the Commission for the Coordination of the Transport of Dangerous Goods shall be responsible for the exercise of the following tasks:

(a) 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 the proposals for amendments to the 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 names of persons participating in international meetings on the transport of dangerous goods.

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

e) The setting of the criteria for information and dissemination of all aspects related to the functions and activities of the Commission.

f) Issue the reports and studies requested.

Article 4. Organs.

It will be Commission bodies:

(a) The Plenary Session.

b) The Standing Committee.

c) The Cabinet for the Management and Coordination of the Transport of Dangerous Goods.

Article 5. The plenary session.

The Committee on the Coordination of the Transport of Dangerous Goods will be composed of:

The President will be the Secretary-General for Transport Services, in accordance with the provisions of the single additional provision of Royal Decree 1671/1993 of 24 September 1993 amending the The Ministry of Public Works, Transport and the Environment will be able to delegate its responsibilities to one of the Vice-Presidents appointed to represent the organs of the Ministry of Public Works, Transport and the Environment.

Four Vice-Presidents; one will be the vocal representative of the General Secretariat for the Transport Services; another, the vocal representative of the Secretariat of State for Territorial Policy and Public Works; and the remaining two appointed by the Secretary-General for Transport Services, on a proposal from the Ministries of Justice and Home Affairs and Industry and Energy respectively, from among the members ' representatives.

And the vowels, which are designated by the Departments and Administrations, below:

a) One by the Ministry of Foreign Affairs.

b) Three by the Ministry of Justice and Interior, at the rate of one vowel for each of the following management centers: Directorate General of the Civil Guard, General Directorate of Traffic and Directorate General of Civil Protection.

c) Two by the Ministry of Defense, due to one voice by the Joint Chiefs of Defense and another by the Directorate General of Defense Policy.

d) Six by the Ministry of Public Works, Transport and the Environment, at the same time as one voice for each of the following bodies: Secretary of State for the Environment and Housing, Secretary of State for Territorial Policy and Public works, General Secretariat for Transport Services, General Directorate of Civil Aviation, General Directorate of the Merchant Marine and Directorate General of Land Transport.

e) Four by the Ministry of Industry and Energy, by reason of one voice for each of the following bodies: Directorate General of Mines, Directorate General of Industry, Directorate General of Energy and Directorate General of Quality and Industrial Security.

f) One by the Ministry of Agriculture, Fisheries and Food.

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

The vowels referred to in the preceding paragraphs shall be designated among the officials of the respective organs with the minimum rank of Subdirector general.

h) One representing each of the Autonomous Communities.

i) Likewise, the Head of the Cabinet for the Management and Coordination of the Transport of Dangerous Goods will be a vocal member.

Article 6. The Standing Committee.

The Permanent Commission shall be composed of the President, the four Vice-Presidents and the Head of the Cabinet for the Management and Coordination of the Transport of Dangerous Goods.

The Standing Committee shall be the body responsible for providing the guidelines to which the members of the Commission's representations for the Coordination of Transport of Goods are to be subject to their action. Dangerous, participating in the international meetings on the transport of dangerous goods, except that this faculty will be sought by the plenary.

The Permanent Commission will be able to carry out, by the express delegation of the plenary, the functions of study, issuance of reports, impulse of the procedures, proposal, and disclosure of the legislation referred to in the paragraphs (a), (b), (c), (d) and (f) of Article 3 of this Royal Decree.

Article 7. Subcommittees and working groups.

Both in the plenary and in the Permanent Commission, subcommittees and working groups may be set up to carry out the studies and reports entrusted to them.

Article 8. The Secretary.

Will act as Secretary, both in the plenary and the Permanent Commission, an official who holds a post of the General Secretariat for Transport Services, designated for the purpose by the Secretary General, to whom shall be responsible for the exercise of the functions laid down in Article 25 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Article 9. The Cabinet for the Management and Coordination of the Transport of Dangerous Goods.

The Cabinet for the Management and Coordination of the Transport of Dangerous Goods will be the administrative body of the Commission which, with a specialized technical nature, will depend on the Secretary-General for the Transport Services.

The Chief of Staff will be appointed by the Minister of Public Works, Transport and the Environment, on a proposal from the Secretary General for Transport Services, and will have the organic level assigned to him by the position of of the Ministry of Public Works, Transport and the Environment.

The functions of the Chief of Staff will be to inform and propose the measures and resolutions concerning the powers of the Commission, as well as those of carrying out their agreements. It will also be the responsibility of the Head of the Spanish delegations to the international meetings on the transport of dangerous goods, when that is not exercised by the Ministry of Foreign Affairs.

Article 10. Participation and collaboration with the Commission.

When the nature of the issues to be dealt with so requires, they will be able to attend as advisers, both to the plenary sessions and to the Standing Committee and the subcommittees or working groups, representatives of any undertakings, entities, bodies or associations connected with the transport of dangerous goods, as well as those persons who, for their knowledge on the matter, consider it appropriate.

Additional disposition first. Member of the Cabinet for the Management and Coordination of the Transport of Dangerous Goods.

The General Secretariat for the Transport Services, the Cabinet for the Management and Coordination of the Transport of Dangerous Goods, will carry out the functions provided for in this Royal Decree.

The staff of the Institute for Transport and Communications Studies, which carried out its activities in the Cabinet for the Management and Coordination of Transport of Transport, are also attached to the aforementioned General Secretariat. Dangerous Goods prior to the entry into force of this Royal Decree.

Additional provision second. Rules of procedure.

Both the Plenary and the Permanent Commission will adjust in their meetings to the provisions of the Rules of Procedure of the Commission for the Coordination of the Transport of Dangerous Goods that, subject to the provisions of the in the legislation on administrative procedure, for the meetings of collegiate bodies, will prepare the Permanent Commission within six months after the entry into force of this Royal Decree, for its approval, after the minister's report for Public Administrations, by the Minister of Public Works, Transport and the Media Environment.

Single repeal provision. Scope of the regulatory repeal.

Royal Decree 2619/1981, dated 19 June, establishing the Inter-Ministerial Commission for the Coordination of the Transport of Dangerous Goods and determining the powers of the various Member States Departments; Article 8 (5) of Royal Decree 1125/1991 of 22 July 1991 restructuring the Secretariat of the Ministry of Public Works and Transport; the Ministerial Order of 14 March 1980 on the competent authority for the implementation of the European Agreement on the International Transport of Dangerous Goods by Road (ADR); the Order of the Ministry of Transport, Tourism and Communications of 8 September 1983 amending the composition of the Plenary Session of the Interministerial Committee for the Coordination of the Transport of Dangerous Goods; and How many provisions of equal or lower rank are opposed to what is established in this Royal Decree.

Final disposition first. Budgetary regime.

The Ministry of Economy and Finance will carry out the budgetary changes that are necessary for the effectiveness of the provisions of this Royal Decree.

Final disposition second. Development.

By the Ministers of Public Works, Transport and the Environment, Justice and Interior, Industry and Energy, Agriculture, Fisheries and Food, and Health and Consumer Affairs, they will be issued or proposed, jointly or separately, according to the The provisions of this Royal Decree are required for the purposes of this Royal Decree.

Final disposition third. Habilitation to amend the composition of the plenary session.

The Minister of Public Works, Transport and the Environment, after consultation with the Ministries concerned, may modify, by ministerial order, the composition of the plenary session, in the event of changes in the structure or functions of the General Administration of the State which require the incorporation of new representatives or the deletion of any of the existing ones.

Final disposition fourth. Entry into force.

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

Given in Madrid on December 1, 1995.

JOHN CARLOS R.

The Minister of the Presidency,

ALFREDO PEREZ RUBALCABA