“Asbestos Removal Companies: regulatory control in Spain”control in Spain .

Index

1 Asbestos removal European Directive1. Asbestos removal European Directiverequirement versus Asbestos removalSpanish Law

2 Consecuences2. Consecuences

3 Possible solutions3. Possible solutions

DIRECTIVE 2009/148/EC OF THE EUROPEANPARLIAMENT AND OF THE COUNCIL of 30 November2009 on the protection of workers from the risks2009 on the protection of workers from the risksrelated to exposure to asbestos at work(codifiedversion).)

.

Spain transposes the Directive in 2006Spain transposes the Directive in 2006

Royal DECREE 396/2006

DIRECTIVE 2009/148/CE Royal DECREE 396/2006

1 Whereas point (13)1. Whereas: point (13)

It h ld b d th tIt should be ensured thatdemolition or asbestosremoval work is carried out No characteristic for removal work is carried outby undertakings which arefamiliar with all the

undertakings is mentioned

precautions to be taken inorder to protect workers.

DIRECTIVE 2009/148/CE Royal DECREE 396/2006

2. Articule 6 a) 3. Art. 7.a. Organizational

The number of workersmeasures

The employer in all activitiesEMPLOYERexposed or likely to beexposed to dust arising from asbestos or materials

The employer, in all activitiesreferred to in Article 3.1, shalltake the necessary

EMPLOYER

asbestos or materialscontaining asbestos must be limited to the lowest

ymeasures to ensure that:a) the number of workerslimited to the lowest

possible figure; exposed or likely to beexposed to asbestos fibersor materials containing themor materials containing themis the strict minimum.

DIRECTIVE 2009/148/CE Royal DECREE 396/2006

3 Articule 4 point 23. Articule 4, point 2

The activities referred to inA notification system is

The activities referred to inArticle 3(1) must be coveredby a notification system

not mentioned.Activities under the scope of the RD are notified when theby a notification system

administered by theresponsible authority of the

the RD are notified when the Plan of Work is presented for

approval.Member State.

approval.

DIRECTIVE 2009/148/CE Royal DECREE 396/2006

4. Articule 13, point 1 Artícule 11.1, p

A plan of work shall be The employer shall preparel f k b f

pdrawn up before demolitionwork or work on removing

a plan of work before anywork with asbestos riskexposure is startedasbestos and/or asbestos-

containing products frombuildings structures plant or

exposure is started.

buildings, structures, plant orinstallations or from ships isstarted.sta ted

DIRECTIVE 2009/148/CE Royal DECREE 396/20065 Articule 13 point 3 A tí l 11 2 d5. Articule 13, point 3

At the request of the

Artícule 11.2.d.

The plan of work mustAt the request of the competent authorities, the plan referred to in paragraph

The plan of work must include the starting date and the expected duration of the

1 must be notified to them before the start of the

j t d k

pwork.

projected work.

DIRECTIVE 2009/148/CE Royal DECREE 396/20066. Articule 15

Before carrying out WHAT IS RERA?

demolition or asbestos removal work, firms must provide evidence of their

Evidence of their ability isnot mentioned

provide evidence of their ability in this field. The evidence shall be

We have the RERA as replacementevidence shall be

established in accordance with national laws and/or

replacement

practice.

RERA: • It´s a register with no

supporting documentssupporting documents.• No cost involved.• The application form ispp

just only one page.• 20 minutes to fill in, let a

CCompany to carry outworks with asbestos riskafter the performance ofafter the performance of the Plan of Work.

Asbestos Removal Companies RD 396/2006

RERA article 17RERA article 17

Plan of Work article 11

RERA 2008 2009 2010 2011 2012 2013 2014

Companies registeredCompanies registeredfrom 1985 to 1661 2117 2408 2771 3038 3460 3713

New Companies 259 510 299 387 274 429 256Registered 259 510 299 387 274 429 256

Deregistered 75 54 8 24 7 7 3

Asbestos Removal Companies RD 396/2006

1 1 477 COMPANIES REGISTERED IN 231. 1,477 COMPANIES REGISTERED IN 23 YEARS (1985 – 2008)

2. 2,236 NEW COMPANIES REGISTERED ONLY IN THE LAST 7 YEARSONLY IN THE LAST 7 YEARS

3. In Cataluña > 800, Andalucía > 600, Madrid > , ,250, etc.

1. No Company authorization or certification system exists in Spain, just a registering process.

2 The easy and with no cost registering process2. The easy and with no cost registering process produces a large amount of companies that may carry out works with risk of asbestos exposure.out works with risk of asbestos exposure.

3. Large amount of companies registered means a large quantity of workers exposed.

4. Large amount of companies registered means that competent Authorities have problems to control or inspectinspect.

5. The Plan of Work is a requirement established in Europe, not only in Spain. However, no other toolsEurope, not only in Spain. However, no other tools determine the ability of the Companies exist in Spain.

A d i ki ithAnedes is working with Aenor (the Spanish Association forAssociation for Standardisation and Certification) developing the Spanish Standart for the cualification of this

icompanies.The aim is to define the abilities required and toabilities required and to improve the administrative control through a legally required certification process.

Thank you very much