Official State Gazette (BOE) Thursday, February 27, 2014 Sec. I. Page 18506
I. GENERAL PROVISIONS – MINISTRY OF THE PRESIDENCY
Royal Decree 97/2014, of February 14, regulating the transportation of dangerous goods by road in Spanish territory.
http://www.boe.es/boe/dias/2014/02/27/pdfs/BOE-A-2014-2110.pdf
This royal decree repeals and replaces the previous Royal Decree 551/2006, of May 5, regulating the transportation of dangerous goods by road in Spanish territory, which incorporated into Spanish law Council Directive 94/55/EC of November 21, concerning the approximation of the laws of the Member States relating to the transportation of dangerous goods by road.
Since the entry into force of the aforementioned Royal Decree 551/2006, various modifications have been made in this area in both EU and international regulations. On the one hand, Directive 2008/68/EC of the European Parliament and of the Council of September 24, 2008, on the inland transport of dangerous goods has consolidated the previous Directives 94/55/EC of the Council of November 21, concerning the approximation of the laws of the Member States relating to the transportation of dangerous goods by road, and 96/49/EC of July 23, concerning the approximation of the laws of the Member States relating to the carriage of dangerous goods by rail. This royal decree transposes the aforementioned Directive 2008/68/EC regarding road transport.
On the other hand, the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), directly applicable to internal transport under the provisions of the aforementioned Directive, has undergone numerous modifications, including the incorporation of the provisions of Council Directive 96/35/EC of June 3, 1996, concerning the appointment and vocational qualifications of safety advisers for the transport of dangerous goods by road, rail, or inland waterway, which had been incorporated into domestic law by Royal Decree 1566/1999, of October 8, concerning safety advisers for the transport of goods by road, rail, or inland waterway, which has largely been depleted concerning road transport. Therefore, it is deemed appropriate to modify the said provision by excluding road transport from its scope of application and incorporating into this royal decree the few provisions that have not been included in the ADR. Although new obligations are imposed on safety advisers, which imply new burdens for the affected companies, these are adequately compensated within the context of the process of reducing administrative burdens being carried out in the general regulations governing road transport.
In addition to the above, the new royal decree aims to update all those regulations that have become obsolete or are contrary to current international standards, taking this opportunity to update the regulations applicable to the transportation of dangerous goods by road. Likewise, it seeks to replace the current royal decree with an updated and appropriate regulation in line with the changes in international regulations that regulate, as a whole, all matters concerning the transportation of dangerous goods by road.
Furthermore, it aims to develop internal regulations in the matter, in aspects that are either not covered by the ADR or leave freedom to the States for their development or specification.
Finally, it regulates issues that, in accordance with international regulations, depart from the general regime because they are considered necessary in specific cases.
This royal decree has been favorably reviewed by the Commission for the Coordination of the Transportation of Dangerous Goods and subjected to the procedure for information on technical standards and regulations relating to information society services, provided for in Directive 98/34/EC of the European Parliament and of the Council of June 22, amended by Directive 98/48/EC of July 20, as well as in Royal Decree 1337/1999, of July 31, which incorporates these Directives into Spanish law.
Therefore, at the proposal of the Ministers of Public Works, of the Interior, and of Industry, Energy, and Tourism, with the prior approval of the Minister of Finance and Public Administrations, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting on February 14, 2014,