Official legislation and the 2022 amendment
Order FOM/606/2018 of 25 May regulates the minimum content of the annual report on the carriage of dangerous goods by road in Spain. It has applied since 2 January 2019. Order TMA/1078/2022, published on 12 November 2022, amended its scope and annex to address consigning (expedición) as a regulated activity.
Official sources: BOE: consolidated Order FOM/606/2018; BOE: Order TMA/1078/2022; Royal Decree 97/2014, particularly Articles 27 and 28.
Which activities and companies are covered?
Undertakings required to appoint a safety adviser for dangerous goods road-transport operations may have to file a report covering consigning, carriage, loading, packing, filling and unloading. The actual roles performed by each company, including the legal responsibility for outsourced activities, must be considered.
The Order provides that no annual report is required for a year when the company undertook no dangerous goods activity, or when all relevant operations were covered by applicable ADR exemptions that did not require appointment of a safety adviser. Do not assume that all small consignments automatically qualify.
Deadline and electronic submission
Article 28 of Royal Decree 97/2014 establishes the ordinary reporting period in the first quarter of the year following the reporting year. The company submits the report electronically to the competent authority in its autonomous community or, where applicable, Ceuta or Melilla, according to its tax headquarters.
The safety adviser prepares the report; the undertaking submits it using the competent authority's electronic system and the appropriate electronic authorisation. Confirm the rules applicable to cessation or other exceptional circumstances separately.
What information should be collected?
The annex to the Order defines the report's content. In practice, collect and reconcile:
- Company identity, establishments, safety adviser and activities.
- Goods classified by the applicable ADR hazard labels, packing groups and quantities, with the relevant operations and facilities.
- Consigning, packing, loading, filling, carriage and unloading activity, as applicable.
- Vehicles, tanks and associated equipment when relevant to the reported operations.
- Recorded incidents, visits or inspections, training and safety observations.
The annex prescribes specific units and categorisation rules for some goods, including Class 7 materials. A company's report must reflect its actual activities and the responsibilities assigned under the applicable rules. Section 5.1 of the annex requires transported goods to be reported even if they have already been listed under loading or unloading.
Checklist for preparing an accurate annual report
Before filing, establish which legal entity and workplaces are covered, reconcile ADR classifications and quantities, verify relevant equipment and the activities performed, review safety adviser assessments and accident records, and confirm who is authorised to submit the final electronic form.
Our DGSA advisory service can help companies carrying out dangerous goods activities in Spain review the scope and supporting records before filing.
Discuss your operation in Spain
For help with dangerous goods classification, safety adviser duties, documentation, tank or package requirements and staff training, please contact us with the goods, quantities, transport modes and activities involved.