Royal Decree 1952 / 1995, Of 1 December, By Which Determine The Competent Authorities In The Field Of Transport Of Dangerous Goods And Regulates The Coordination Commission Of Such Transport.

Original Language Title: Real Decreto 1952/1995, de 1 de diciembre, por el que se determinan las autoridades competentes en materia de transporte de mercancías peligrosas y se regula la Comisión de Coordinación de dicho transporte.

Read the untranslated law here: https://www.global-regulation.com/law/spain/1460879/real-decreto-1952-1995%252c-de-1-de-diciembre%252c-por-el-que-se-determinan-las-autoridades-competentes-en-materia-de-transporte-de-mercancas-peligrosas-y.html

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The Inter-Ministerial Committee for the coordination of the transport of dangerous goods was created pursuant to the Royal Decree 2619 / 1981, dated June 19, which also determined the skills of the various ministerial departments, repealing the Decree 2674 / 1973, of 19 October. The composition of this Commission was subsequently modified by the order of the Ministry of transport, tourism and communications of 8 September 1983, based on the authorization contained in article 7 of the aforementioned Royal Decree, in order to adapt its composition to the administrative situation existing at the time of publication of the ministerial order.


However, the various administrative reforms introduced in recent years, advised to adapt the content of the aforementioned Royal Decree to the changes made.


Thus, the publication of the Royal Decree 576/1991, of 21 April, which established the basic structure of the Ministry of public works and transport, created by Royal Decree 298/1991, of March 12, and today transformed into the Ministry of public works, transport and environment, by the Royal Decree 1173 / 1993, of 13 July, has led to the creation of the General Secretariat for transport services , as the body responsible for the general regulation of the sector and coordinator of the activity of the subsectors that integrate it; area of competence which will subsume the functions attributed by Royal Decree 2619 / 1981, the inter-ministerial Commission for the coordination of transport of dangerous goods.


In addition, the additional provision sole of the Royal Decree 1671 / 1993, 24 September, amending the structure of the Ministry of public works, transport and environment, attributed to the Secretary general for transport services President of the inter-ministerial Commission for the coordination of the transport of dangerous goods.


On the other hand, the assumption of several powers in matters relating to the transport of dangerous goods by the autonomous communities, necessary maintenance and representing them within the Commission, which, however, for this reason, you must modify its interdepartmental character, to coexist in the bosom of the same representations of different public administrations.


All this requires more than to amend the Royal Decree 2619 / 1981, of 19 June, to dictate a new provision regulating the above-mentioned Interministerial Commission, in order to adapt the operation to the current structure of the Ministry of public works, transport and environment and the institutional regulatory framework of relations between the various public administrations.


By virtue, with the report of the Inter-Ministerial Committee for the coordination of the transport of dangerous goods, on the proposal of the Ministers of public works, transport and environment, of Justice and Home Affairs, of industry and energy, agriculture, fisheries and food and health and consumption, with the approval of the Minister for public administration, and prior deliberation of the Council of Ministers at its meeting of December 1, 1995 , D I S P O N G or: article 1. Competent ministries.


In international agreements concerning the transport of dangerous goods, to which Spain is a party, and in national regulations on the different modes of transport of such goods, the expression 'competent authority' is understood to refer, without prejudice to the powers conferred to the autonomous communities, to the following: a) the Ministry of Justice and Home Affairs, with regard to the regulation of traffic and movement of vehicles , driving and accompanying, training and Declaration of aptitude of drivers and issue of the corresponding administrative authorisations enabling for the driving of vehicles carrying dangerous goods, control and surveillance, notwithstanding that in the field of their respective competencies can carry out departments that are referenced in this article, management and coordination in cases of accident, and in general in relation to the road traffic safety and to the regulations they instruct the Ministry.


b) the Ministry of industry and energy, in what refers to the determination of the goods which is considered dangerous for security reasons, are not covered by specific regulations; in the fixing of the characteristics of the units dedicated to the transport of dangerous goods, prior favourable report from the Ministry of public works, transport and environment, in which affect the management of the transport of dangerous goods; technical regulations on the inspection of vehicles and transport units and loading and unloading; International certifications of special authorization of transport modes road, sea and air units; technical regulations for the approval of type and assignment of corresponding password for registration of transport units, large containers in bulk, containers and packaging, and, in general, in all the regulations instruct the Ministry.


(c) the Ministry of public works, transport and environment, with respect to the management of the transport of dangerous goods; with the rules on documentation or waybill and badges, labels and panels, as well as control and monitoring of their compliance in coordination with the Ministry of Justice and Interior; in respect of authorisations to carry out transport, fixing routes if necessary, previously to coordinate them with the competent bodies in the field of traffic, circulation of motor vehicles and road safety; the rules on stowage and conditioning of the load; in everything related to the use of the infrastructure to the Department through which runs the transport of dangerous goods; in regard to the storage, loading and unloading in the area of services in ports and airports and, in general, in all the regulations instruct the Ministry.


In addition, the Ministry of public works, transport and environment, report of the Standing Committee referred to in article 6 of this Royal Decree, shall be competent to develop approvals and waivers on goods transport by air and sea, in accordance with the provisions of the national regulations for transport without risk of dangerous goods by air the rules and regulations governing international carriage by air, and in the international maritime dangerous goods (IMDG Code) of the International Maritime Organization code; to be agreed with the competent authorities of the Contracting Parties, for the purposes indicated in the marginals 2010 and 10602 of annexes to the European Agreement on transport of dangerous goods by road (ADR), the corresponding temporary derogations to annexes of the agreement, to authorize certain transport operations and to make exceptions with regard to the marginal cited at the national level; and for the purposes set out in article 5, § 2 of the uniform rules concerning the contract for international carriage of goods by rail (CIM), Appendix B to the Convention concerning international carriage by rail (COTIF).


d) the Ministry of agriculture, fisheries and food, with regard to conditions in which made transportation and circulation of materials of animal origin, nasty, obstinate or which may have infections for animals.


(e) the Ministry of health and consumption, in what refers to the determination of the goods which is considered dangerous for human health, are not covered by specific regulations.


f) the Ministry of Foreign Affairs, in what refers to the authorization for transit of explosives through the national territory, in accordance with the provisions of title VII of the regulation of explosives, approved by the Royal Decree 2114 / 1978, March 2.


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


The Commission for the coordination of the transport of dangerous goods, under the Ministry of public works, transport and environment, perform the functions of coordination of competences of the various ministerial departments referred to in the foregoing article in all matters relating to the transport and the application of the existing provisions governing the same and collect Commission report mandatory, by the various ministries, in relation to any provision or rule that projects dictate on this matter.


The Commission for the coordination of the transport of dangerous goods shall be the organ of liaison relationships with international bodies, in the field of transport of dangerous goods, through the Ministry of Foreign Affairs, and in accordance with the same.


Article 3. Functions.


A_efectos_de the provisions of the preceding articles to the Commission for the coordination of the transport of dangerous goods has the following functions: to) study and issue mandatory report to the proposed amendments of the national regulations and promote the proper procedure for approval.


(b) study and issue mandatory report to the proposals of amendment to the international regulations. When the proposal comes from the Spanish competent authority, carry out the necessary actions to boost its approval.



(c) propose to the Ministry of Foreign Affairs the name of those who participate in international meetings on the transport of dangerous goods.


(d) proceed to the dissemination of the legislation and the clarifications of the same.


(e) fixing the criteria about the information and dissemination of all aspects related to the functions and activities of the Commission.


(f) issue the reports and studies that were requested him.


Article 4. Organs.


Bodies of the Commission will be: to) the full.


b) the Permanent Committee.


(c) the Cabinet of management and coordination of the transportation of dangerous goods.


Article 5. The plenum.


Full of the Commission of coordination of the transport of dangerous goods will be composed by: the President shall be the Secretary general for transport services, in accordance with the provisions of the sole additional provision of the Royal Decree 1671 / 1993, 24 September, amending the organic structure of the Ministry of public works, transport and environment who may delegate his powers to one of the Vice-Presidents designated on behalf of the organs of the Ministry of public works, transport and environment.


Four Vice-Presidents; one will be the vocal representative of the Secretary General for transport services; another, the vocal representative of the Secretariat of State of Territorial policy and public works; and the remaining two appointed by the Secretary-General for transport services, a proposal, respectively, of the ministries of Justice and Interior and industry and energy between the vocal representatives of those departments.


And the members, who are appointed by the departments and administrations, following: to) one by the Ministry of Foreign Affairs.


(b) three by the Ministry of Justice and Interior, at the rate of one Member for each of the following management centres: Directorate General of the Guardia Civil, General Directorate of traffic and General direction of Civil protection.


(c) two by the Ministry of defence, at the rate of a vowel by the whole of the defence and the other by the General direction of Defense policy.


(d) six by the Ministry of public works, transport and environment, at the rate of one Member for each of the following bodies: Ministry of environment and housing, Secretary of State of Territorial policy and public works, General Secretary for transport services, Directorate General of Civil Aviation, General Directorate of the merchant marine and General Directorate of land transport.


(e) four by the Ministry of industry and energy, at the rate of one Member for each of the following bodies: mining, General direction of industry, Department of energy and General Directorate of quality and Industrial safety.


(f) one by the Ministry of agriculture, fisheries and food.


(g) one by the Ministry of health and consumption, through the Directorate-General of the public health.


The members referred to in the preceding paragraphs must be appointed among officials of bodies with the minimum rank of Assistant Director-general.


(h) one representing each of the autonomous communities.


(i) in addition, the Chief of the staff, management and coordination of the transportation of dangerous goods will be as vocal part.


Article 6. The Permanent Commission.


The Standing Committee shall be composed of the President, the four Vice-Presidents and the Chief of the staff, management and coordination of the transportation of dangerous goods.


The Permanent Committee will be responsible to provide guidelines to which members of the representations of the Commission for the coordination of the transport of dangerous goods, which participate in international meetings on the transport of dangerous goods, unless by the plenary will seek this ability should hold in his performance.


Permanent Commission may make, by delegation of the plenary, the functions in the field of study, issuing reports, expresses impulse of procedures, proposal, and dissemination of the legislation referred to in paragraphs to), b), c), d)) and (f) of article 3 of this Royal Decree.


Article 7. Subcommittees and working groups.


Both in the bosom of the plenary and of the Standing Committee can form subcommittees and working groups, for the preparation of studies and reports that are entrusted to them.


Article 8. The Secretary.


An official holder of a post in the General Secretariat for transport services, appointed for that purpose by the holder, which shall be responsible for the performance of the duties laid down in article 25 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure will act as Secretary, both the plenary and the Standing Committee.


Article 9. The Cabinet of management and coordination of the transportation of dangerous goods.


Management and coordination of the transportation of dangerous goods cabinet will be the managing body of the Commission which, with technical specialist, will depend on the Secretary-general for transport services.


The Chief of the staff shall be appointed by the Minister of public works, transport and environment, on the proposal of the Secretary-General for transport services, and will have the organic level assigned by the relationship of jobs of the Ministry of public works, transport and environment.


The functions of the Chief of staff will be the report and propose measures and resolutions relating to the Commission's powers, as well as carry out their agreements. Also, the headquarters of the Spanish delegations at international meetings in the field of transport of dangerous goods, shall be responsible for when that is not exercised by the Ministry of Foreign Affairs.


Article 10. Participation and cooperation with the Commission.


When the nature of the issues to be treated so require it, they may attend as advisors, both sessions of the plenary and of the Standing Committee and subcommittees or working groups, representatives of any companies, entities, organizations or associations related to the transport of dangerous goods as well as those who by their expertise on the subject it thinks fit.


First additional provision. Assignment of Cabinet management and coordination of the transportation of dangerous goods.


Be ascribed to the General Secretary for transport services, the Cabinet of management and coordination of the transportation of dangerous goods, which will perform the functions provided for in this Royal Decree.


It is also ascribed to the aforementioned General Secretariat staff under the Institute of transport studies and communications, played by their activities in the Cabinet of management and coordination of the transportation of dangerous goods prior to the entry into force of this Royal Decree.


Second additional provision. Internal regime regulations.


Both the plenary and the Standing Committee shall comply in their meetings with what has the internal regime regulations of the Commission for the coordination of the transport of dangerous goods which, subject to the provisions of the law on administrative procedure, for the meetings of corporate bodies, develop the Standing Committee within the period of six months following the entry into force of this Royal Decree , for its approval, following a report by the Minister for public administrations, by the Minister of public works, transport and environment.


Sole repeal provision. Scope of the regulations repeal.


Repealed the Royal Decree 2619 / 1981, dated June 19, which creates the Inter-Ministerial Committee for the coordination of the transport of dangerous goods and determine the skills of various departments; paragraph 5 of article 8 of the Royal Decree 1125 / 1991, 22 July, restructuring of the Undersecretary of the Ministry of public works and transport; the ministerial order of March 14, 1980 on competent authority for the implementation of the European Agreement concerning the international carriage of dangerous goods by road (ADR); the order of the Ministry of transport, tourism and communications of 8 September 1983, which modifies the composition of the plenary of the Interministerial Commission for coordination of the transportation of dangerous goods, and many provisions of equal or lower rank to oppose provisions of this Royal Decree.


First final provision. Budgetary regime.


By the Ministry of economy and finance will carry out budget changes that are accurate to the effectiveness of the provisions of this Royal Decree.


Second final provision. Development.


By the Ministers of public works, transport and environment, justice and Interior, industry and energy, agriculture, fisheries and food and health and consumer will dictate or propose, together or separately according to the materials in question, the provisions requiring the development of this Royal Decree.


Third final provision. Enabling to modify the composition of the plenary.



The Minister of public works, transport and environment, after consulting with the ministries concerned, may by ministerial order, change the composition of the plenary, in the event of changes in the structure or functions of the General Administration of the State that required the addition of new representatives or the deletion of any of the existing.


Fourth final provision. Entry into force.


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


Given in Madrid on December 1, 1995.


JUAN CARLOS R.


The Minister of the Presidency, ALFREDO Pérez RUBALCABA

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