The amendments contained in this royal decree fully respond to the transposition into Spanish law of Directive 2014 /27/EU of the European Parliament and of the Council of 26 February 2014 amending the Council Directives 92 /58/EEC, 92 /85/EEC, 94 /33/EC, 98 /24/EC and Directive 2004 /37/EC of the European Parliament and of the Council in order to adapt them to Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures.

The origin of the amendments to these directives by the directive now transposed is that Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 established a new system for the classification and labelling of substances and mixtures within the Union, based on the Harmonised Global System of Classification and Labelling of Chemicals (SGA) at international level, within the framework of the Economic Commission for Europe of the United Nations. The Directives amended by Directive 2014 /27/EU of the European Parliament and of the Council of 26 February 2014 contain references to the former classification and labelling system, which has required the amendment to be amended in order to adapt them to the new system set out in that Regulation.

The Directives amended by Directive 2014 /27/EU of the European Parliament and of the Council of 26 February 2014 were at the time transposed into our national law by means of a number of royal decrees which must be amended in the same direction as the directives, in order to adjust its provisions to the current system for the classification and labelling of substances and mixtures. Council Directive 92/58/EEC of 24 June 1992 on the minimum requirements for the provision of safety and health signs at work; Council Directive 98 /24/EC of 7 April 1998 on the protection of the health and safety at work of the European Community and the the health and safety of workers against the risks related to chemical agents at work; Directive 2004 /37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers against risks related to exposure to carcinogens or mutagens during work (codified); and Council Directive 92/85/EEC of 19 October 1992 on the implementation of measures to promote the improvement of safety and health at work of pregnant workers, who have given birth or in a period of (a) the Commission, in the light of the fact that the Commission is not in a position to comment on the Commission's decision to grant the aid to the Commission, in particular to the Commission's proposal for a directive on the protection of the environment, on the protection of the health and safety of workers against the risks related to agents In the case of the Commission, the Court of State held that the Court of State held that the Court of State held that the Court of State held that the Court of State held that the Court held that the Court of The Regulation on prevention services was adopted.

Therefore, it is necessary to amend the aforementioned royal decrees in order to comply with the transposition into Spanish law of the content of Directive 2014 /27/EU of the European Parliament and of the Council of 26 February 2014, and adjust its content to the current system for the classification and labelling of substances and mixtures, which is carried out by means of the present royal decree amending all the others cited.

The royal decree consists of a preamble, four articles, and three final provisions.

In the first article, Annexes I, VII and VIII to Royal Decree 39/1997 of 17 January, which is adopted by the Prevention Services Regulation, are partially amended.

In the second article, it is necessary to amend Royal Decree 485/1997 of 14 April on minimum requirements for safety and health signs at work. The amendments are made in Article 1 and in Annexes III and VII.

In the third article, it is appropriate to amend Royal Decree 665/1997 of 12 May on the protection of workers from the risks related to exposure to carcinogens at work. The amendments are made in accordance with Article 2.1 (2), Article 4 (2) and Article 10 (c) of the European Parliament and the Council.

In the fourth article, Royal Decree 374/2001 of 6 April 2001 on the protection of the health and safety of workers against the risks related to chemical agents during work is amended. The amendments are made in points (a) and (b) of Article 2.5, in point (a) of Article 3.1 and in point (d) of Article 9.2.

The final provision first refers to the constitutional attribution of powers.

The second final provision states that this royal decree carries out the transposition of Directive 2014 /27/EU of the European Parliament and of the Council of 26 February 2014.

The third final disposition includes the necessary entry into force of the royal decree.

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, the autonomous communities and the cities of Ceuta and Melilla; the associations of specialists in medicine and nursing of the work and the professional associations of doctors and nurses have been heard; and the National Commission of Safety and Health has been heard in the Job.

Under the proposal of the Minister for Employment and Social Security and the Minister for Health, Social Services and Equality, with the prior approval of the Minister of Finance and Public Administrations, according to the Council of State and prior deliberation of the Council of Ministers at its meeting on 3 July 2015,

DISPONGO:

Article first. Amendment of Royal Decree 39/1997 of 17 January approving the Regulation on prevention services.

Royal Decree 39/1997 of 17 January, approving the Regulation on prevention services, is amended as follows:

One. Point (b) of Annex I is worded as follows:

" (b) Work with exposure to substances or mixtures causing acute toxicity of category 1, 2 and 3, and in particular to carcinogens, mutagenic or toxic to reproduction, category 1A and 1B, according to the Regulation (EC) No 1272/2008 of 16 December 2008 on classification, labelling and packaging of substances and mixtures. '

Two. Paragraph 3 (a) of Part A of Annex VII is amended as follows:

" (a) Substances labelled as H340, H341, H350, H351, H361, H371, H361d, H361f, H350i and H361fd by Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures. '

Three. Point (c) of Part A of Part A of Annex VIII is amended as follows:

" c) Chemical agents:

" The substances labelled H360, H360D, H360F, H360FD, H360Fd, H360Df and H370 by Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging substances and mixtures.

carcinogenic and mutagenic substances, category 1A and 1B, included in Part 3 of Annex VI to Regulation (EC) No 1272/2008 of 16 December 2008 on classification, labelling and packaging of substances and mixtures.

Lead and derivatives, in so far as these agents are susceptible to being absorbed by the human organism. "

Four. Paragraph 1 of Part B of Annex VIII is amended as follows:

" 1. Chemical agents:

Substances labelled as H362 by Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures.

carcinogenic and mutagenic substances, category 1A and 1B, included in Part 3 of Annex VI to Regulation (EC) No 1272/2008 of 16 December 2008 on classification, labelling and packaging of substances and mixtures.

Lead and derivatives, in so far as these agents are susceptible to being absorbed by the human organism. "

Article 2. Amendment of Royal Decree 485/1997 of 14 April on minimum requirements for safety and health signs at work.

Royal Decree 485/1997 of 14 April on minimum requirements for safety and health signs at work is amended as follows:

One. Article 1 (3) is worded as follows:

" 3. This Royal Decree shall not apply to the signage provided for in the rules on the placing on the market of dangerous substances and mixtures, products and equipment, unless otherwise expressly provided for in that provision. '

Two. In point 1. of paragraph 3 of Annex III, the warning sign 'Harmful Or Irritant Materials' and the paragraph below the warning signs shall be deleted and replaced by the following:

" The danger signal in general shall not be used to warn persons of the existence of dangerous substances or mixtures, except in cases where they are used in accordance with the third subparagraph of point 4 (4) of the Annex. VII, to indicate the storage of dangerous substances or mixtures. "

Three. Paragraph 4 of Annex VII is worded as follows:

" 4. Pipes, containers and storage areas for hazardous substances and mixtures.

1. Visible containers and pipes containing or capable of containing products to which the rules on the placing on the market of dangerous substances or mixtures may be applied shall be labelled in accordance with the provisions of the itself. Vessels used for a short time and those whose contents are often changed may be exempted, provided that appropriate alternative measures are taken, in particular for information and/or training, which ensure a level of protection. equivalent.

2. The labels will be pasted, fixed or painted on visible sites of the containers or pipes. In the case of these, the labels shall be placed along the pipe in sufficient numbers, provided that there are points of particular risk, such as valves or connections, in their proximity. The intrinsic characteristics and conditions of use of the labels shall, where appropriate, comply with the provisions of the panels in paragraphs 1.3. and 2 of Annex III.

The information on the label may be supplemented by other data, such as the name or formula of the hazardous substance or mixture or additional details about the risk.

3. The labelling may be replaced by the warning signs referred to in Annex III, with the same pictogram or symbol. If there is no equivalent warning sign in Annex III, the relevant hazard pictogram shall be used in accordance with Annex V to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008.

In the case of the transport of containers within the workplace, it may be replaced or supplemented by signals that are applicable throughout the European Union for the transport of dangerous substances or mixtures.

4. The zones, premises or enclosures used to store significant quantities of dangerous substances or mixtures shall be identified by the appropriate warning signal, from among those listed in Annex III, or by means of the appropriate label, in accordance with the rules referred to in paragraph 4.1., placed, as the case may be, close to the place of storage or at the door of access to it. This shall not be necessary when the labels of the various packaging and containers, taking into account their size, make such identification possible.

If there is no equivalent warning sign in Annex III to warn persons of the existence of dangerous substances or mixtures, the relevant hazard pictogram shall be used, as set out in Annex V to the Regulation (EC) No 1272/2008 of the European Parliament and of the Council.

Storage of various hazardous substances or mixtures may be indicated by the warning sign "danger in general".

Article 3. Amendment of Royal Decree 665/1997 of 12 May 1997 on the protection of workers from the risks related to exposure to carcinogens at work.

Royal Decree 665/1997 of 12 May 1997 on the protection of workers from the risks related to exposure to carcinogens at work is amended as follows:

One. Article 2.1 is worded as follows:

" 1. For the purposes of this royal decree, a substance or a mixture which meets the criteria for classification as carcinogenic or mutagenic in germ cells of category 1A or 1B as set out in Annex I shall be understood as a carcinogenic or mutagenic agent. Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures. '

Two. Article 2 (2) is worded as follows:

" A substance, mixture or procedure referred to in Annex I to this royal decree, as well as a substance or mixture occurring during one of the above procedures, shall also be understood as a carcinogen. in that Annex '

Three. Article 4 is worded as follows:

" To the extent that it is technically possible, the employer shall avoid the use in the work of carcinogens or mutagens, in particular by replacing them with a substance, a mixture or a procedure which, in normal conditions of use, be it not dangerous or to a lesser extent for the health or safety of workers "

Four. Article 10.1 (c) is worded as follows.

"(c) The quantities used or manufactured of substances or mixtures containing carcinogenic or mutagenic agents"

Five. The title of Annex I is worded as follows:

" ANNEX I

List of substances, mixtures, and procedures

Article 4. Amendment of Royal Decree 374/2001 of 6 April 2001 on the protection of the health and safety of workers against the risks related to chemical agents at work.

Royal Decree 374/2001 of 6 April on the protection of the health and safety of workers against the risks related to chemical agents during work is amended as follows:

One. Article 2.5 (a) and (b) are worded as follows:

" (a) Any chemical agent that meets the criteria for classification as dangerous within any kind of physical or health hazard provided for in Regulation (EC) No 1272/2008 of the European Parliament and of the Council, of 16 December 2008 on the classification, labelling and packaging of substances and mixtures, irrespective of whether or not that chemical agent is classified in that Regulation.

"(b) Any chemical agent which, even if it does not comply with the criteria of the preceding paragraph, has an environmental limit value as referred to in Article 3 (4) of this Royal Decree"

Two. Article 3.1 (a) is worded as follows:

" (a) Its hazardous properties and any other information necessary for the assessment of the risks, to be provided by the supplier, or to be obtained from the supplier or from any other easily accessible source of information. This information should include the safety data sheet and, where appropriate, the risk assessment for users, in accordance with the provisions of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the registration, assessment, authorisation and restriction of chemicals and mixtures (REACH) "

Three. Article 9.2 (d) is worded as follows:

" (d) Access to any technical information provided by the supplier in accordance with the rules on the classification, packaging and labelling of dangerous substances and mixtures, and in particular any safety data sheet provided by the supplier in accordance with Article 31 of Regulation (EC) No 1907/2006. '

Final disposition first. Competence title.

This royal decree is issued in accordance with the provisions of Article 149.1.7. of the Spanish Constitution, which attributes exclusive competence to the State in matters of labor law, without prejudice to its execution by the organs of the Autonomous Communities.

Final disposition second. Incorporation of European Union law.

This royal decree incorporates into Spanish law Directive 2014 /27/EU of the European Parliament and of the Council of 26 February 2014 amending Directives 92 /58/EEC, 92 /85/EEC, 94 /33/EC, 98 /24/EC, Council and Directive 2004 /37/EC of the European Parliament and of the Council, in order to adapt them to Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures.

Final disposition third. Entry into force.

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

Given in Madrid, July 3, 2015.

FELIPE R.

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

SORAYA SAENZ DE SANTAMARIA ANTON