Royal Decree 177/2015, Of 13 March, Amending The Regulation On Nuclear And Radioactive, To Adapt The Law 20/2013, Of 9 December, Facilities Of Guarantee Of The Unity Of Market.
Original Language Title: Real Decreto 177/2015, de 13 de marzo, por el que se modifica el Reglamento sobre instalaciones nucleares y radiactivas, para su adaptación a la Ley 20/2013, de 9 de diciembre, de garantía de la unidad de mercado.
Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-3222
Law 20/2013, 9 December, guarantee of the unity of market, seeks to establish the principles and basic rules that, with full respect for the powers of the autonomous communities and local entities, ensure the unity of market to create an environment more favourable to competition and investment, providing that economic agents can benefit from gains a greater dimension in terms of productivity and costs in favour of the creation of employment and growth, and for the benefit of consumers and users who will have greater access to products and services of quality.
This law sets them principles General necessary for ensure the unit of market, between them, the principle of not discrimination, the of need and proportionality of them performances of them authorities competent and the of efficiency in all the territory national of them performances administrative in the free initiative economic, what implies the recognition implicit of performances of them authorities competent of others administrations public. In concrete, the article 3.2 establishes that: «2. no provision of character general, performance administrative or standard of quality that is refer to the access or to the exercise of activities economic may contain conditions or requirements that have as effect direct or indirect the discrimination by reason of establishment or residence of the operator economic».
In the field of application of the normative nuclear, usually the skills Executive are of scope State and correspond to the Ministry of industry, energy and tourism. However, in regards to plants, radioactive corresponding royal decrees is have been transferred to the majority of the autonomous communities functions and services of the Ministry of industry, energy and tourism, with regard to the second and third category radioactive facilities (e.g.: hospitals, industries using radioactive sources, laboratories, etc.).
The regulation on nuclear and radioactive facilities, approved by Royal Decree 1836 / 1999 of 3 December, establishes in its article 2.3 operating authorizations referred to second and third category radioactive facilities will have validity for the entire Spanish territory, adding the condition that the holder that is going to carry out any of the activities for which authorization has in part specifically of the territory, it must notify all the competent territorial administration, which, after a certain period, to refuse such activity through written reasoned statement.
Is considered that allowing the region of destination of the operator (owner of the installation) is opposed to an activity authorized in another autonomous community contravenes provisions of law 20/2013, of 9 December, guarantee of the unity of market, being an unnecessary and disproportionate intervention and, consequently, contrary to articles 5 and 17 of the same and could constitute an intervention contrary to the principle of non-discrimination , so the regulation on nuclear and radioactive facilities has to be modified to adapt to such a law.
This Royal Decree has been informed by the Nuclear Safety Council and in its preparation have been consulted the sectoral economic agents and social stakeholders and the autonomous communities.
The Royal Decree which approves has its origin in the fifth final provision of law 20/2013, of 9 December. On the other hand, it has its legal basis in the Act 25/1964 of 29 April, on Nuclear power, which, in its article 28.1, stipulates that the legal regime of the authorizations of the nuclear and radioactive facilities established by law, and in its article 94 authorizes the Government to establish the precise regulations for its implementation and development.
In his virtue, a proposal from the Minister of industry, energy and tourism, with the prior approval of the Minister of finance and public administration, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of March 13, 2015, HAVE: single article. Modification of the regulation on nuclear and radioactive facilities, approved by Royal Decree 1836 / 1999 of 3 December.
Amending article 2 of the regulation on nuclear and radioactive facilities, approved by Royal Decree 1836 / 1999 of 3 December, leaving the article written with the following text: 'article 2. Competent authorities.
«1. application of them precepts of this regulation corresponds to the Ministry of industry, energy and tourism and to the Council of security Nuclear, without prejudice of the competencies of other departments and of them communities autonomous.»
2. the functions Executive that in this regulation correspond to the Ministry of industry, energy and tourism, in relation to them facilities radioactive of second and third category, is understood attributed to them communities autonomous when these have transferred these functions.
3. the authorizations of performance referred to facilities radioactive of second and third category will have validity for all the territory Spanish. «Without prejudice of it previous, the holder that go to perform any of the activities for which has of authorization, in a part concrete of the territory, must send a communication to it administration territorial competent, can start its activity starting from such communication.»
Sole final provision. Entry into force.
This Royal Decree shall enter into force the day following its publication in the "Official Gazette".
Dadoen Madrid, the 13 of March of 2015.
The Minister of industry, energy and tourism, JOSE MANUEL SORIA LOPEZ
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