PERFORMANCE REQUIREMENTS FOR CONTROL AND INSPECTION ENTITIES IN THE REGULATORY FIELD

Abstract

Action requirements for Inspection Entities in the Industrial safety area have followed an evolution that could be considered as natural and consistent with the environment, social, economic, industrial and administrative changes carried out until the year 2010. At this time, several regulatoy facts occurred causing an alteration in the legislative framework, whose consequences will be of great importance for industrial safety. As a way for example the 2006/123/CE directive on services in the internal market, the regulation 765/2008/CE regarding accreditation and market surveillance requirements and the Decision 768/2008/CE on a common framework for the marketing of products. The Services Directive transposition into Spanish low has motivated the need of change of more than 50 laws and regulations such as the Law of Industry and the Regulation of the Infrastructure for the Quality and Industrial Safety, changing substantially several precepts related to the control of industrial safety, which directly affect the mode of regulation. Moreover, the administrative authorization required until that time and certain regulatory requirements for different agents are eliminated by judicial judgments of the Supreme Court, This authorization enables unfair competition and a possible rigor and quality of inspections deterioration. Through this article, the impact of these changes that can result in the quality of control of industrial security services and, therefore, the existence of increased risk for citizens, it discusses.