Royal Decree 1335/2012, of September 21, amends Royal Decree 563/2010, of May 7, which approves the Regulation of Pyrotechnic Articles and Ammunition.
Published in:
Official State Gazette, No. 235 of September 29, 2012, pages 69182 to 69243 (62 pages).
Section:
I. General provisions
Department:
Ministry of the Presidency
Reference:
BOE-A-2012-12198
PDF of the provision
http://www.boe.es/boe/dias/2012/09/29/pdfs/BOE-A-2012-12198.pdf
TEXT
The Regulation of Pyrotechnic Articles and Ammunition, approved by Royal Decree 563/2010, of May 7, incorporated Directive 2007/23/EC of the European Parliament and of the Council of May 23, 2007, on the placing on the market of pyrotechnic articles, and carried out a comprehensive review of the regulations on pyrotechnic articles and ammunition contained up to that time in the Explosives Regulations, approved by Royal Decree 230/1998, of February 16, in order to adapt said regulations to the administrative, economic, and technical transformations that have occurred since 1998.
Despite its recent approval, it is necessary to introduce a series of modifications to the aforementioned royal decree in order to address various issues.
Firstly, the wording of articles 4.18, 10, 11, 21, 140, 196.2, and the title of section 2 of Chapter IV of Title I are modified, and articles 15, 16, and 17 of the Regulation of Pyrotechnic Articles and Ammunition, as well as the second additional provision of Royal Decree 563/2010, of May 7, are left without content, in order to eliminate the obligation to classify ammunition as a prerequisite for its commercialization and sale in the Spanish market. This avoids duplicating controls already carried out in another Member State in the context of other procedures. At the same time, the labeling requirements set out in section 2 of Supplementary Technical Instruction No. 6 are modified to adapt them to the provisions of Directive 2008/51/EC of the European Parliament and of the Council of May 21, 2008, amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons. This complies with the indication of the European Commission in Reasoned Opinion 2009/4261 C (2010) 8033 addressed to the Kingdom of Spain in accordance with Article 258 of the Treaty on the Functioning of the European Union, concerning rules on ammunition that require cataloging and labeling before their sale and marketing in the Spanish market. The second additional provision, which was empty of content, is used to include aspects related to the collection and periodic updating of data on accidents related to pyrotechnic articles, in accordance with the mandate of Article 18 of Directive 2007/23/EC of the European Parliament and of the Council of May 23, 2007, on the placing on the market of pyrotechnic articles.
Secondly, the regulation of the deadlines for adaptation to the novelties introduced in Royal Decree 563/2010, of May 7, is simplified by modifying paragraph 1 of its second transitional provision and paragraph 3 of its fifth final provision.
Thirdly, the classification of offenses and sanctions is clarified, as well as the distribution of competences for instruction and resolution in the sanctioning area in accordance with the provisions of Organic Law 1/1992, of February 21, on the Protection of Public Safety, and Law 21/1992, of July 16, on Industry, introducing the appropriate modifications in Articles 195, 196, 197, 198, 201, and 202.
Fourthly, a new wording is given to Supplementary Technical Instruction No. 13, on Electrical Installations and Equipment in Classified Areas with the Presence of Regulated Material, to specify technical aspects related to the presence of regulated material in potentially dangerous areas.
Fifthly, in accordance with the mandates contained in paragraphs 1 and 2 of the fourth final provision of Royal Decree 563/2010, of May 7, new Supplementary Technical Instructions No. 23 «Testing Laboratories» and No. 24 «Models of Inspection Report and Registers» are approved. The former regulates the requirements applicable to the activities of storage, handling, transportation, and use of pyrotechnic products necessary to carry out the tasks of analysis, testing, verification, and experimentation, carried out by testing laboratories. The performance of laboratory activities in pyrotechnic establishments (factories, workshops, depots, sales establishments) involves access to and provision of information on the implementation, location, and specifications of public safety elements existing and used by such establishments, as well as information on manufacturing processes and procedures, and on the pyrotechnic products themselves; for this reason, the regime of prior administrative authorization for installation and commissioning is maintained, although this must be understood as authorization to store, handle, transport, and use regulated material, based on the enabling provided for in Article 7 of Organic Law 1/1992, of February 21, on Public Safety, and never as prior authorization for operation from the point of view of Law 21/1992, of July 16, on Industry. Supplementary Technical Instruction No. 24 establishes the format of the minutes and registers regulated in Articles 34, 40, 77, 90, 103, 134, 136.1, 136.2, and 136.4 and in Supplementary Technical Instruction No. 12 of the Regulation of Pyrotechnic Articles and Ammunition.
Sixthly, a new Supplementary Technical Instruction No. 25 «Models of Expert and Apprentice Cards» is added, which aims to define the format of expert and apprentice cards for the realization of pyrotechnic shows, as well as for the use of pyrotechnic articles of categories T2 and P2, in accordance with what is established in Supplementary Technical Instruction No. 8, and in Technical Specifications Nos. 8.01, 8.02, and 8.03 of the Regulation of Pyrotechnic Articles and Ammunition.
Seventhly, a new Supplementary Technical Instruction No. 26 «Statistical Bulletin of Accidents Related to Pyrotechnic Articles» is added, which aims to define the format of the communication of data on accidents related to pyrotechnic articles that each competent body of the Autonomous Community must communicate to the Ministry of Industry, Energy and Tourism to comply with the mandate of the European Commission regarding the collection and periodic updating of data on accidents related to pyrotechnic articles, in accordance with Article 18 of Directive 2007/23/EC.
Finally, the necessary rectifications and corrections are made regarding a series of errors and editorial errata that have been identified in different provisions of the royal decree that is being amended.
In view of this variety of modifications and given the complex structure of Royal Decree 563/2010, of May 7, it has been decided to structure this royal decree into as many articles (with their corresponding sections) as parts of the aforementioned Royal Decree 563/2010, of May 7, are modified.
In addition, the royal decree includes a single transitional provision under which workers referred to in paragraph 2.3 of Technical Specification 8.01, E. T. 8.01, «Expert and Apprentice Card for the Realization of Pyrotechnic Shows» and paragraph 2 of Technical Specification 8.02, E. T. 8.02, «Expert Card for the Use of Category T2 Pyrotechnic Articles» of the Regulation of Pyrotechnic Articles and Ammunition, approved by Royal Decree 563/2010, of May 7, will have a period of one year from the entry into force of this royal decree to regularize their requests.
This provision has been subjected to the procedure for information on technical regulations and standards, provided for in Directive 98/34/EC of the European Parliament and of the Council, of June 22, as amended by Directive 98/48/EC, of July 20, as well as in Royal Decree 1337/1999, of July 31, which incorporates both directives into Spanish law.
This royal decree has been favorably informed by the Permanent Interministerial Commission on Arms and Explosives, and is approved under the provisions of Article 149.1.26.ª of the Spanish Constitution, which attributes to the State exclusive competence over the regime of production, trade, possession, and use of arms and explosives, and in compliance with the provisions of Articles 6, 7, and other related provisions of Organic Law 1/1992, of February 21, on the Protection of Public Safety, as well as Law 21/1992, of July 16, on Industry, with reference to industrial safety.
Therefore, at the proposal of the Ministers of Industry, Energy and Tourism and of the Interior, 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 on September 21, 2012,