The Law 31/1995 of 8 November on the prevention of occupational risks provides, in Article 31.5, that, in order to act as preventive services, specialised entities must be accredited by the employment authority, which shall be unique and valid throughout the Spanish territory, by verifying that they meet the requirements to be laid down in regulation and after approval of the health authority as regards the aspects of the health.

Also, the Law 20/2013, of 9 December, of guarantee of the market unit, in its Chapter V, "Principle of effectiveness throughout the national territory", provides that any legally established operator may exercise the economic activity without requiring new authorisations or additional formalities from other competent authorities. Article 20.1 of this Law provides that it will be fully effective throughout the national territory, without the need for the economic operator to carry out any further processing or meet new requirements, all means of intervention by the authorities. competent to permit access to or exercise of an economic activity or to establish compliance with certain qualities, qualifications or circumstances. The law states that, in particular, they will be fully effective throughout the national territory, without the economic operator being required to comply with new requirements, authorisations, licences, ratings and professional qualifications. obtained from a competent authority for the access or exercise of an activity, for the production or placing on the market of a good, product or service.

This principle of effectiveness is not, however, applicable to actions related to physical facilities or infrastructure. This is provided for in Article 20.4 of the same law which, however, determines that where the operator is legally established elsewhere in the territory, the authorisations or declarations responsible may not include requirements which do not are specifically linked to the installation or infrastructure.

Finally, it should be noted that the Law on the guarantee of the market unit provides that within six months of its entry into force the provisions in force with legal and regulatory status will be adapted. to the provisions of the same.

Assessed by Royal Decree 39/1997 of 17 January, which approved the Prevention Services Regulation, it has been identified that, due to distortions in the interpretation and application of this rule, by different In the case of the Commission, the Commission has been in a position to take the necessary steps to ensure that the Commission is in a position to take the necessary steps to ensure that the Commission is not in a position to take the necessary measures. market. This is why it is necessary to make some specific changes in the actual decree mentioned above, in order to clarify the requirements and requirements for the activities of the preventive services, as well as the validity of the authorisations throughout the national territory, in such a way as to comply with the principles laid down in those laws and do not create doubts that continue to require different authorities to request new requirements which are not compatible with those laws. laws. Thus, it is only necessary to amend those aspects which, in the process of revision of the State rules, had been detected by legal operators as contrary to the Law on the guarantee of the market unit.

Therefore, the only article of this royal decree comes to the amendment of Royal Decree 39/1997 of 17 January, with the following objectives:

Clarify that there is a single accreditation in all four disciplines. Accreditation is awarded only once and all non-foreign prevention services must have the four specialties, without the possibility of granting a partial or special accreditation. In such a way that when an alien prevention service is accredited by any authority of the autonomous communities, taking into account that it currently has to obtain simultaneously the four specialties, it will not have to return to an accreditation process elsewhere in the national territory, without prejudice to obtaining the relevant health authorisations in the case of the opening of health centres.

Specify that the resources with which the foreign prevention service is to be counted are linked to its concerted activity and considered to be in a global way throughout the national territory.

Simplify requirements to be able to be accredited as a foreign prevention service and the accreditation procedure itself.

Ensuring that all labor authorities will know the changes in the data of the non-foreign prevention services and not just the authority they have accredited.

Encourage the streamlining of the data exchange process between public administrations through the SERPA computing application, so that its use and assumption as a registry determines compliance with the communication obligations laid down in the legislation, without prejudice to the actions which the labour authorities may take to verify the accuracy of the data communicated.

Delete the administrative procedure for partial revocation, based on the principle of market unity that determines that the quantification of workers and resources must be considered in a global way, without the scope -in the sense of administrative geographical division-it may be the decisive criterion in this field. In such a way that the revocation of the accreditation must always take place that, in fact, the insufficiency of resources is determined in a global way by taking Spain as a unit of computation, without consideration of autonomous communities or provinces.

Finally, Article 11 is amended to adapt its content to the amendment introduced in Article 30.5 of Law 31/1995 of 8 November, by Law 14/2013 of 27 September, to support entrepreneurs and their internationalization.

The final disposition is referred to the title of the competition. The second final provision establishes the enabling for regulatory development. The final third provision refers to the one-stop shop. Finally, the fourth final provision notes the entry into force following the publication in the "Official State Gazette".

This royal decree is issued in accordance with Article 6 of Law 31/1995 of 8 November, and in its preparation have been consulted the most representative trade union and business organizations and the National Commission of Safety and Health at Work.

In its virtue, on the proposal of the Minister of Employment and Social Security, with the prior approval of the Minister of Finance and Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers in their meeting on 9 October 2015,

DISPONGO

Single item. Amendment of Royal Decree 39/1997 of 17 January approving the Regulation of the Prevention Services.

Royal Decree 39/1997 of 17 January, which is approved by the Prevention Services Regulation, is amended as follows:

One. Article 11 (1) (a) is read as follows:

"(a) That is a business of up to ten workers; or that, in the case of a company occupying up to twenty-five workers, it has a single working centre".

Two. Article 18 is worded as follows:

" Article 18. Material and human resources of specialised entities acting as non-foreign prevention services.

1. Specialised entities accredited as non-foreign prevention services shall have the facilities and the material and human resources to enable them to adequately develop the preventive activity which they have undertaken, taking into account the type, extent and frequency of the preventive services to be provided, the type of activity carried out by the employees of the undertakings concerned and the location and size of the work centres in which the service is to be provided; develop, in accordance with the provisions of the development of the royal decree.

2. In any case, such entities shall:

a) Contar with the specialties or preventive disciplines of work medicine, occupational safety, industrial hygiene, and ergonomics and applied psychosociology.

b) Dispose at least one technician who has the necessary qualification for the performance of the higher level functions, in accordance with the provisions of Chapter VI, for each of the specialties or disciplines preventive measures referred to in the preceding paragraph, except in the case of the medical specialty of the work which will require, at least, a medical doctor of the work or diploma in the company's medicine and an ATS/DUE of enterprise. They shall also have the necessary personnel to have the training required to carry out the functions of the basic and intermediate levels provided for in Chapter VI, in the light of the characteristics of the undertakings covered by the service.

Experts in the above mentioned specialties will act in a coordinated manner, in particular in relation to the functions related to the preventive design of the jobs, the identification and assessment of the risks, the prevention plans and plans for the training of workers.

c) Dispose for the development of the concerted activities of the facilities and instrumentation necessary to perform the usual tests, surveys, measurements, analyses and evaluations in the practice of the The above mentioned specialties, as well as for the development of the basic learning and learning activities, in terms that determine the development provisions of this royal decree.

3. Without prejudice to the necessary coordination referred to in paragraph 2 of this Article, the health activity shall count for the development of its function within the preventive service with the structure and means appropriate to its specific nature and the confidentiality of personal medical data. "

Three. Article 23 is worded as follows:

" Article 23. Request for accreditation.

Specialized entities intending to be accredited as preventive services shall make an application to the competent labour authority of the place where they radiate their main premises, in which they are made available. Note the following ends:

a) Social name or name, tax identification number, and social security contribution code.

b) Description of the preventive activity to be developed.

c) Forecast of the sector or sectors in which it intends to act, as well as the number of companies and the volume of workers to which it will be directed and the material resources provided for this purpose.

(d) Provision of personnel for the performance of preventive activity, duly justified, which shall be effective at the time the institution starts to provide services, and with an indication of its qualification professional and dedication.

(e) Identification of the facilities, the instrumental means and their respective location, both those owned by the entity and those of which it may be available for any other title.

f) Commitment to take out an insurance policy or equivalent financial guarantee covering its liability, for a minimum amount of EUR 1 841,000, effective at the time the institution starts to provide services, without the said amount constitutes the limit of the liability of the service.

g) Contracts or agreements to establish, where appropriate, with other entities for the performance of activities requiring special knowledge or facilities of great complexity. "

Four. Article 25 is worded as follows:

" Article 25. Accreditation procedure.

1. Having received the request referred to in Article 23, the labour authority shall send a copy to the competent health authority of the place where the main premises of the specialised institution are located, for the purposes referred to in Article 31.5 of the Law 31/1995, of 8 November, on the prevention of occupational risks. The health authority shall inform the working authority of its decision on the approval of the health aspects.

2. At the same time, the competent labour authority shall request a report from the Labour and Social Security Inspectorate and the preventive technical bodies of the Autonomous Community, or in the case of the cities of Ceuta and Melilla, of the Institute National of Safety and Hygiene at Work.

3. The competent labour authority shall obtain a mandatory report from all the autonomous communities in which the institution has identified the facilities referred to in Article 23.e. The competent health authority shall do the same in respect of the health authorities of the autonomous communities in which health facilities exist and in relation to the approval of health aspects.

The report of the affected labour authorities will cover the material and human means of the requesting entity.

4. The requested labour authorities shall, in turn, seek to obtain a report from the Labour and Social Security Inspectorate and their territorial technical bodies on safety and health at work, as well as the number of other reports. consider necessary.

5. The employment authority shall, in the light of the decision of the health authority and the reports issued, give and notify the decision within three months from the entry of the application into the register of the administrative body. competent to resolve, accrediting the entity or denying the request made. That period shall be extended to six months in the case referred to in paragraph 3.

After that period of time without any express resolution being notified, the request may be deemed to be dismissed by administrative silence in accordance with Article 31.6 of the Law 31/1995 of 8 November 1995 on the prevention of Occupational Risks.

6. The competent labour authority shall issue an estimate of the compliance of all the extremes referred to in Article 23.

The estimate shall be entered in the Register referred to in Article 28.

7. An appeal may be brought against the express or presumed decision of the employment authority within one month before the relevant hierarchical higher body. '

Five. Article 26 is read as follows:

" Article 26. Maintenance of the operating requirements.

1. Specialised entities shall, at all times, maintain the necessary requirements to act as prevention services established in this royal decree and in their development provisions.

In order to ensure compliance with this obligation, specialised entities shall communicate to the competent labour authority any variation that may affect those operating requirements through the corresponding records within a maximum of 10 days.

2. The labour and health authorities may, in the field of their competence, verify compliance with the requirements for the development of the service activities, communicating to the labour authority which granted the accreditation, deficiencies detected on the basis of such verifications.

3. If, as a result of the checks carried out, either directly or through the communications referred to in the preceding paragraph, the labour authority which granted the accreditation shall verify the non-compliance with the requirements referred to in the may suspend and, where appropriate, revoke the accreditation granted in accordance with the procedure laid down in Article 27.

4. Also, the accreditation may be revoked by the competent labour authority, as a result of a penalty for serious or very serious infringement of the specialized entities acting as non-foreign prevention services, according to the article 40.2 of the recast of the Law on Infractions and Sanctions in the Social Order, approved by the Royal Legislative Decree 5/2000 of 4 August. In this case, the revocation procedure shall be initiated only by virtue of the firm administrative decision which appreciates the existence of a serious or very serious infringement. '

Six. Article 27 (7) is worded as follows:

" 7. The resolution shall be notified within the maximum period of six months from the date of the initiation agreement of the revocation file in accordance with paragraph 1 and shall declare one of the following options:

a) The maintenance of the accreditation.

(b) The suspension of accreditation where the file has been initiated under the circumstance referred to in paragraph 3 of the previous Article.

(c) The final revocation of the accreditation when the file is due to the concurrency of the cause provided for in paragraph 4 of the previous article.

In the case of paragraph (b), the resolution shall set the time limit within which the institution must meet the conditions and requirements for restarting its business and the express warning that, otherwise, the accreditation will be definitely revoked. If the specialised entity notifies the fulfilment of the above conditions or requirements within the time limit laid down in the decision, the competent labour authority shall, after appropriate checks, decide on a new decision within the maximum period of time. three months lifting the agreed suspension or revoking the accreditation definitively."

Seven. Article 28 is worded as follows:

" Article 28. Record.

1. In the competent bodies of the Autonomous Communities or the General Administration of the State, in the case of the cities of Ceuta and Melilla, a register shall be established in which the specialized entities which have been accredited shall be registered. as preventive services, as well as the persons or specialised entities to which authorisation has been granted for the purpose of carrying out audits or assessments of the prevention systems in accordance with the provisions of Chapter V.

2. The configuration of the registers shall allow, irrespective of the competent labour authority which has issued the accreditation:

a) Citizens can consult accredited specialized entities as non-foreign prevention services or audit entities.

(b) Specialized entities may fulfil their reporting obligations relating to compliance with the operational requirements with the competent labour authorities.

c) The labour authorities, the health authorities, the Labour and Social Security Inspectorate, the National Institute for Safety and Health at Work as well as the territorial safety and security bodies health at work may have access to all available information on specialised entities accredited as non-foreign prevention services or audit entities, outside the authority which issued the accreditation.

3. The data in the records of the competent authorities, including the data communications relating to the performance of the operational requirements referred to in Article 26, shall be incorporated into a general database which shall be Management shall be the responsibility of the Directorate-General for Employment of the Ministry of Employment and Social Security.

The configuration of this database should allow the autonomous communities that their respective records meet the functions attributed to them in paragraph 2.

4. The bodies referred to in paragraph 1 shall forward to the Directorate-General for Employment of the Ministry of Employment and Social Security within eight working days a copy of any seat practised in their respective registers. The competent authorities which assume as a register the computer application of the general database referred to in paragraph 3 shall comply with that obligation to communicate with the single incorporation of the data to that application. computer.

5. Relations between the labour authorities shall be governed by the principle of cooperation and by Article 4 of Law No 30/1992 of 26 November 1992 on the legal system of public administrations and the administrative procedure Common.

6. The management of the data obtained in the Registers will be carried out in accordance with the provisions of the Organic Law 15/1999, of December 13, of Protection of personal data. Personal data may not be used for purposes other than those for which such data would have been collected. "

Single transient arrangement. Procedures in processing.

The accreditation procedures initiated prior to the entry into force of this royal decree will be processed and resolved by the regulations in force at the time of the filing of the application. However, the person concerned may, prior to the decision, withdraw his application and opt for the application of the new rules.

Final disposition first. Competence title.

This royal decree is issued under Article 149.1.7. of the Spanish Constitution, which establishes the exclusive competence of the State in matters of labor law, without prejudice to its execution by the communities. standalone.

Final disposition second. Enabling regulatory development.

The Minister of Employment and Social Security is hereby empowered to make any provisions necessary for the implementation and development of the provisions of this royal decree.

Final disposition third. One-stop shop.

For the purposes of ensuring the provisions of Article 22 of Law 20/2013 of 9 December 2013 on the security of the market unit, the necessary measures shall be taken to ensure that they are complied with and, in particular, to ensure the interoperability of the different systems under the Ministry of Employment and Social Security, in accordance with the National Interoperability Scheme.

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 October 9, 2015.

FELIPE R.

The Minister of Employment and Social Security,

FATIMA BANEZ GARCIA