Message 001
Communication from the Commission - TRIS/(2025) 0506
Directive (EU) 2015/1535
Notification: 2025/0105/ES
Notification of a draft text from a Member State
Notification – Notification – Notifzierung – Нотификация – Oznámení – Notifikation – Γνωστοποίηση – Notificación – Teavitamine – Ilmoitus – Obavijest – Bejelentés – Notifica – Pranešimas – Paziņojums – Notifika – Kennisgeving – Zawiadomienie – Notificação – Notificare – Oznámenie – Obvestilo – Anmälan – Fógra a thabhairt
Does not open the delays - N'ouvre pas de délai - Kein Fristbeginn - Не се предвижда период на прекъсване - Nezahajuje prodlení - Fristerne indledes ikke - Καμμία έναρξη προθεσμίας - No abre el plazo - Viivituste perioodi ei avata - Määräaika ei ala tästä - Ne otvara razdoblje kašnjenja - Nem nyitja meg a késéseket - Non fa decorrere la mora - Atidėjimai nepradedami - Atlikšanas laikposms nesākas - Ma jiftaħx il-perijodi ta’ dewmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Nu deschide perioadele de stagnare - Nezačína oneskorenia - Ne uvaja zamud - Inleder ingen frist - Ní osclaíonn sé na moilleanna
MSG: 20250506.EN
1. MSG 001 IND 2025 0105 ES EN 21-02-2025 ES NOTIF
2. Spain
3A. Subdirección General de Asuntos Industriales, Energéticos, de Transportes y Comunicaciones y
de Medio Ambiente.
Dirección General de Coordinación del Mercado Interior y otras Políticas Comunitarias
Ministerio de Asuntos Exteriores, Unión Europea y Cooperación
3B. Subdirección General de Calidad y Seguridad Industrial.
Dirección General de Estrategia Industrial y de la Pequeña y Mediana Empresa.
Ministerio de Industria y Turismo
Pº de la Castellana, 160, Madrid, 28071
4. 2025/0105/ES - T50T - Transport of of dangerous substances
5. DRAFT RD AMENDING RD 948/2003 ESTABLISHING MINIMUM CONDITIONS TO BE MET BY INSTALLATIONS FOR THE INTERNAL CLEANING OR DEGASSING, DEPRESSURISATION, REPAIR OR MODIFICATION OF TANKS FOR DANGEROUS GOODS
6. Installations for the internal cleaning or degassing, as well as for repair or modification of tanks for the transport of dangerous goods
7.
8. The draft Royal Decree consists of a preamble explaining the reasons for its adoption, a sole article, a transitional provision and two final provisions.
The sole article sets out the amendments made to the content of Royal Decree 948/2003 of 18 July 2003 establishing minimum conditions to be met by installations for the internal cleaning or degassing, and depressurisation, as well as for repair or modification of tanks for dangerous goods. That single article sets out how the articles and annexes of Royal Decree 948/2003 of 18 July 2003 are worded following the proposed amendments. In particular:
• The first article, relating to the scope of application of the Royal Decree, is amended to include the reference to alteration.
• In Article 2, some definitions are amended and new ones are introduced, such as the definition of tank alteration and the distinction between repair and modification of tanks.
• The third article, which includes the mandatory cases of cleaning, degassing, and depressurisation of tanks for dangerous goods, is amended to add the requirement for vaporisation for tanks that could contain dangerous gases or vapours after internal cleaning, and to allow for the exemption of tanks intended for the transport of aviation fuels from cleaning, in certain cases, due to the special characteristics of the material transported.
• Article 5(5), which concerns the declaration of responsibility by the operator of the aforementioned installations, is amended. Modifications are introduced to the system of periodic checks on these products, which will be carried out by a control body, and their periodicity is established, as well as the requirement for accreditation of these control bodies in the field of Transport of Dangerous Goods.
• Article 6, which details the general procedure for internal cleaning, degassing, and depressurisation, is amended. Modifications are introduced to adapt these procedures to the evolution of the current environmental regulations, which apply to the three environmental vectors affected by the activity of these installations. These are: the sources of emissions into air, waste water, and waste generation. The obligation for tank cleaning installations to maintain a record of the issued cleaning certificates is introduced, thus improving the traceability of the activity of these installations.
• Article 7, which sets out the requirements to be met by installations for the repair, alteration or modification of tanks for dangerous goods, is amended.
• Article 8(5), regarding the declaration of responsibility by the operator of installations for the repair and alteration of tanks for dangerous goods, is amended. It is established that the control bodies, accredited in the field of Transport of Dangerous Goods, are responsible for verifying requirement compliance of these installations, defining a regime of periodic control of the same, including their frequency.
• Annex I, which lays down the minimum technical requirements for internal tank cleaning installations, is amended. Modifications are introduced regarding the system for cleaning products dosage and the lifting system of the rotaries or heads. Requirements relating to the treatment and management of waste water and specific lines for cleaning tanks intended for the transport of foodstuffs, are also introduced.
• Annex III, which sets out the template for the application number, is amended. The amendments update the fields in that template and introduce a new section for additional services.
• Annex IV, which contains the certificate for internal cleaning or degassing and depressurisation of tanks for dangerous goods, is amended. The fields are updated, and it is clarified that the verification after the cleaning operation must be done visually through the tank's manholes, without accessing the inside to avoid contamination. A new section is added for the identification of the seals after the tank has been cleaned, thus ensuring their traceability.
• Annex V, which lays down the requirements and procedures to be complied with by installations for the alteration and repair of tanks for dangerous goods, is amended. This Annex is amended by adding a new point (f) applicable when welding works are carried out. The procedure to be followed in the repair and alteration of tanks is simplified.
An additional provision is introduced, defining the requirements applicable to cleaning installations located in island territories, as well as a transitional provision for the audit of verification of requirements in the case of installations authorised prior to the entry into force of this Royal Decree.
The first final provision cites the title of competence.
The second final provision indicates the entry into force.
9. The experience gained during the application of Royal Decree 948/2003 of 18 July 2003 establishing minimum conditions to be met by installations for the internal cleaning or degassing, and depressurisation, as well as for repair or modification of tanks for dangerous goods, has highlighted the need to update the provisions relating to the periodic control system to which installations for internal cleaning, degassing and depressurisation, as well as for the repair or modification of tanks for dangerous goods, are subject, with the aim of ensuring their conformity with the provisions required of such installations by the regulations.
In addition, the legislative text aims to adapt the terminology related to repairs and modifications, as well as the procedures to be followed to carry out these operations, to what is required in the current regulations on tank inspection contained in the different modal agreements on the international transport of dangerous goods.
Finally, it is necessary to review the technical requirements applicable to such installations in order to adapt them to technological developments and the current regulatory framework, while also contributing to ensuring safety and environmental protection.
10. References to basic texts: 2017/0215/E
The basic texts were forwarded with an earlier notification:
2017/0215/E
11. No
12.
13. No
14. No
15. Yes
16.
TBT aspects: No
SPS aspects: No
**********
European Commission
Contact point Directive (EU) 2015/1535
email: grow-dir2015-1535-central@ec.europa.eu