The Law 20/2013, of 9 December, of guarantee of the market unit, seeks to establish the principles and basic norms that, with full respect to the competences of the autonomous communities and the local entities, guarantee the market unit to create a much more favourable environment for competition and investment, making it easier for economic operators to benefit from the gains of a greater dimension in terms of productivity and costs, in favour of creation of jobs and growth, and to the ultimate benefit of consumers and users who will have a greater access to quality products and services.

This law lays down the general principles necessary to ensure the market unit, including the principle of non-discrimination, the need and proportionality of the actions of the competent authorities and the (a) effectiveness throughout the national territory of administrative action in the free economic initiative, which implies the implicit recognition of actions by the competent authorities of other public administrations. In particular, Article 3.2 states that: "2. No provision of a general nature, administrative action or quality rule relating to access to or pursuit of economic activities may contain conditions or requirements which have the effect of discrimination directly or indirectly. by reason of establishment or residence of the economic operator. '

In the field of application of nuclear regulations, the executive powers are generally state-wide and correspond to the Ministry of Industry, Energy and Tourism. However, as far as radioactive installations are concerned, by means of the corresponding royal decrees, the functions and services of the Ministry of Industry, Energy and Tourism have been transferred to the majority of the autonomous communities. in relation to second and third category radioactive installations (e.g. hospitals, industries using radioactive sources, laboratories, etc.).

The Regulation on nuclear and radioactive installations, approved by Royal Decree 1836/1999 of 3 December, provides in Article 3 (3) that the operating authorisations referred to second and second Third category shall be valid for the entire Spanish territory, adding the condition that the holder who is to carry out any of the activities for which he is authorized, in a particular part of the territory, shall notify him (a) the competent territorial administration, which has passed a determined period, may refuse such activity by means of a reasoned letter.

It is considered that the fact that the autonomous community of destination of the operator (holder of the installation) is opposed to an activity authorized in another autonomous community is contrary to the provisions of Law 20/2013, 9 of The Court of First instance held that the Court of First instance held that the Court of First instance held that the Court of First instance held that the Court of First instance held that the Court of First What the Regulation on nuclear and radioactive installations must be modified to adapt to that law.

This royal decree has been reported by the Nuclear Security Council and in its preparation have been consulted by the interested sectoral and social economic agents and the autonomous communities.

The royal decree that is approved has its origin in the fifth final provision of Law 20/2013, of December 9. Moreover, it has its legal basis in Law 25/1964 of 29 April on Nuclear Energy, which in its Article 28.1 provides that the legal system of authorizations for nuclear and radioactive installations will be established. Article 94 authorizes the Government to establish the precise regulations for its implementation and development.

In its virtue, on the proposal of the Minister of Industry, Energy and Tourism, 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 at their meeting on March 13, 2015,

DISPONGO:

Single item. Amendment of the Regulation on nuclear and radioactive installations, approved by Royal Decree 1836/1999 of 3 December.

Article 2 of the Regulation on nuclear and radioactive installations, approved by Royal Decree 1836/1999 of 3 December, is amended, with the following wording:

" Article 2. Competent authorities.

" 1. The application of the provisions of this Regulation corresponds to the Ministry of Industry, Energy and Tourism and the Nuclear Safety Council, without prejudice to the powers of other departments and the Autonomous Communities.

2. The executive functions of the Ministry of Industry, Energy and Tourism, in relation to the second and third category of radioactive installations, shall be understood to be attributed to the Autonomous Communities when they are have these functions transferred.

3. The operating authorisations referred to second and third category radioactive installations shall be valid for the entire Spanish territory. Without prejudice to the foregoing, the holder who is to carry out any of the activities for which he or she has authorization, in a particular part of the territory, shall forward a communication to the competent territorial administration, which may be initiate their activity on the basis of such communication. "

Single end disposition. Entry into force.

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

Dadoo Madrid, 13 March 2015.

FELIPE R.

The Minister of Industry, Energy and Tourism,

JOSE MANUEL SORIA LOPEZ