Is Order FOM/167/2015 still in force?
The BOE marks Order FOM/167/2015 of 6 February as repealed, effective 31 October 2020. The repeal is in the sole repealing provision, paragraph (c), of Royal Decree 929/2020 on railway operational safety and interoperability.
There is a qualification: transitional provision five of RD 929/2020 preserves article 29 of the Order until the vehicle authorisation fee amounts referred to in Law 38/2015 are set. This conditional reservation concerns fees; it does not make the Order’s former authorisation procedure the current general procedure. Check the applicable fee with the authorising body for the particular application.
Where should a new vehicle authorisation application start?
Use RD 929/2020 for the Spanish framework and the European Union Agency for Railways (ERA) application guidance for the vehicle or vehicle-type authorisation process.
ERA explains that applications are submitted electronically through its One-Stop Shop (OSS). For an area of use covering more than one Member State, ERA is the authorising entity. Where the area of use is limited to one Member State, the applicant can choose ERA or the relevant national safety authority. In Spain, that authority is the Agencia Estatal de Seguridad Ferroviaria (AESF).
The application route depends on the case: a new design, a change to an authorised vehicle, an extension of the area of use or a vehicle conforming to an authorised type. ERA’s guidance also describes optional pre-engagement to discuss the proposed approach before the formal application.
Information to assemble for a project involving Spain
Prepare a short project brief before requesting an assessment:
- The vehicle or vehicle type, existing authorisations and the proposed change, if any.
- The intended area of use, including the Member States and networks involved.
- The parties responsible for the application and the technical evidence already available.
- The planned operation and whether dangerous goods will be carried.
Keep the vehicle authorisation question separate from the dangerous goods assessment. A vehicle authorisation is not a classification of the cargo or confirmation that every proposed consignment is acceptable.
For an English-language enquiry about the dangerous goods aspects of operations involving Spain, contact DGSA with the project scope. Our advisory page explains the services available.
Discuss your operation in Spain
Tell us which goods, activities and transport stages are involved. We will discuss the scope of the advice or training you need.