Regulated Sectors · Sub-area
Industrial Sector Lawyers in Spain
Law 21/1992, RD 656/2017 APQ, RD 2060/2008, REBT, Law 7/2022 on Waste. Industrial authorisations, chemical product storage, pressure equipment, and defence in sanctioning proceedings before regional industry departments and OCAs.
The legal framework for Spain's industrial sector
Industrial activity in Spain is subject to intensive technical regulation, with authorisation and inspection powers transferred to the regions. The Industry Act (Law 21/1992) sets out the general legal regime: registration of installations, start-up authorisations, technical safety conditions and the sanctioning regime. Very serious infringements can be fined up to €600,000.
Chemical product storage is governed by RD 656/2017 APQ, with ten technical instructions (ITC APQ-1 to APQ-10) covering everything from flammable liquids to explosive solids. Pressure equipment is regulated by RD 2060/2008, and industrial electrical safety by the Low Voltage Electrotechnical Regulation (REBT, RD 842/2002).
Industrial waste management is regulated by the Waste and Contaminated Land Act (Law 7/2022), with its own sanctioning regime reaching up to €2,000,000 for very serious infringements, and waste electrical and electronic equipment (WEEE) by RD 110/2015. Regulatory inspections are carried out by Authorised Control Bodies (OCAs), private entities accredited by ENAC acting on behalf of the regions.
| Rule | Matter regulated |
|---|---|
| Law 21/1992 | Industry Act — regulates industrial activity, the register of installations, authorisations, inspections and the sanctioning regime. Authorisation and inspection powers transferred to the regions. |
| RD 656/2017 APQ | Chemical product storage regulation with 10 technical instructions (ITC APQ-1 to APQ-10): flammable liquids, ethylene oxide, organic peroxides, nitrogen fertilisers, refrigerated gases, corrosive and toxic liquids, pesticides, oxidisers and flammable solids. |
| RD 2060/2008 | Pressure equipment regulation — vessels, steam generators, pressure piping and safety accessories. Mandatory periodic inspections by OCA depending on equipment category (I to IV). |
| RD 842/2002 (REBT) | Low Voltage Electrotechnical Regulation — governs electrical installations up to 1,000 V AC or 1,500 V DC. Mandatory ITC-BT for industrial installations: ITC-BT-29 (explosion risk), ITC-BT-47 (motors), ITC-BT-48 (transformers). |
| Law 7/2022 | Waste and Contaminated Land Act for a Circular Economy — regulates the production, management and transfer of industrial waste, the register of producers, operator authorisations and the sanctioning regime (up to €2,000,000 for very serious infringements). |
| RD 110/2015 WEEE | Royal Decree on waste electrical and electronic equipment — producer obligations (Collective Extended Producer Responsibility Systems, SCRAE), collection points, treatment targets and penalties for non-compliance. |
| Law 26/2007 | Environmental Liability Act — strict liability of the industrial operator for damage caused to soil, water and biodiversity. Obligation to remediate in kind and provide financial security. |
Services in the industrial sector
Six areas of advice
Legal coverage across the disciplines with the greatest regulatory impact for industrial companies operating in Spain: authorisations, safety regulations, waste management, and defence before control bodies and regional departments.
Industrial authorisations
Processing installation, start-up and amendment authorisations for industrial activities before regional industry departments. Legalising existing installations. Registration with regional industrial registers. Appeals against refusals or disproportionate conditions. Coordination with regional industry services.
Chemical product storage (APQ)
Advice on complying with RD 656/2017 and its 10 technical instructions (ITC APQ-1 to APQ-10). Legalisation projects for existing storage facilities. Defence in sanctioning proceedings for breaching maximum quantities, safety distances or storage conditions. Periodic OCA reviews and coordinating corrective measures.
Pressure equipment (RD 2060/2008)
Legal framework for pressure equipment in industrial installations: classification by category (I to IV), commissioning requirements, OCA inspection frequency, repairs and modifications requiring new conformity assessment. Defence against unfavourable inspection reports and sanctioning proceedings from operating equipment without a valid inspection.
Industrial electrical safety and REBT
Compliance with the Low Voltage Electrotechnical Regulation (RD 842/2002) in industrial installations: ITC-BT-29 (explosion-risk zones, ATEX classification), ITC-BT-47 (electric motors), ITC-BT-48 (transformers). Defence against unfavourable OCA reports. Legalising unregistered electrical installations. Coordinating the regional service's verification process.
Industrial waste and WEEE management
Legal regime for producing and managing industrial waste under Law 7/2022: registration with the Waste Production and Management Register, operator authorisations, cross-border transfers (Regulation (EC) 1013/2006). WEEE producer obligations under RD 110/2015: joining an SCRAE, collection targets. Defence in proceedings over waste stored without authorisation or irregular transfers.
Defence in sanctioning proceedings
Representation in sanctioning proceedings brought by regional industry departments: breach of authorisations, operating without registration, deficiencies in pressure equipment, APQ or electrical installations, non-compliance with OCA-required corrective measures. Administrative appeal to the department and judicial review before the regional High Court.
RD 656/2017 · Technical Instructions
The 10 APQ technical instructions
The chemical product storage regulation structures obligations according to the type of substance stored. Each ITC sets specific conditions for safety distances, containment systems, ventilation, fire protection and OCA review frequency.
| ITC | Storage type |
|---|---|
| APQ-1 | Flammable and combustible liquids (petrol, diesel, oils, solvents) |
| APQ-2 | Ethylene oxide |
| APQ-3 | Organic peroxides |
| APQ-4 | High-nitrogen ammonium nitrate-based fertilisers |
| APQ-5 | Refrigerated and liquefied flammable gases (LPG, LNG, ammonia) |
| APQ-6 | Corrosive liquids (strong acids, concentrated bases) |
| APQ-7 | Toxic liquids (concentrated pesticides, toxic solvents) |
| APQ-8 | Pesticides in commercial formulation (solid and liquid) |
| APQ-9 | Liquid and solid oxidisers (inorganic peroxides, nitrates) |
| APQ-10 | Solids with fire or explosion risk (aluminium powder, calcium carbide) |
APQ installations require a project signed by a competent technician, prior authorisation from the regional industry department, registration with the industrial establishments register, and periodic OCA reviews. The quantities stored determine the installation's category and the applicable requirements of each ITC.
Law 21/1992 · Law 7/2022
The industrial sector's sanctioning regime
The industrial sector is subject to two distinct sanctioning regimes: the general regime under the Industry Act (Law 21/1992), with regional department jurisdiction, and the waste regime under Law 7/2022, with substantially higher amounts.
General industrial sector — Law 21/1992
| Type | Fine amount | Limitation period | Examples of infringements |
|---|---|---|---|
| Very serious | Up to €600,000 | 5 years | Starting up an installation without authorisation, concealing information during inspections, operating after a suspension decision, repeated non-compliance with corrective measures. |
| Serious | Up to €60,000 | 3 years | Breach of authorisation conditions, failure to register with the industrial register, pressure equipment or APQ without a valid periodic inspection, obstructing OCA inspections. |
| Minor | Up to €6,000 | 1 year | Formal documentation defects, delays in reporting changes to the department, minor breaches of regulatory technical conditions. |
Industrial waste management — Law 7/2022
| Type | Fine amount | Limitation period | Examples of infringements |
|---|---|---|---|
| Very serious | Up to €2,000,000 | 5 years | Illegal transfer of hazardous waste, operating a treatment plant without authorisation, mixing hazardous waste, a discharge causing serious environmental damage. |
| Serious | Up to €200,000 | 3 years | Storing hazardous waste without authorisation or beyond the deadline, failure to register, breach of SCRAE obligations. |
| Minor | Up to €12,000 | 1 year | Defects in transfer documentation, delays in reporting changes to the Register, minor waste labelling breaches. |
Regional industry departments can also order the temporary or permanent closure of the installation and require safety measures at the operator's expense. Sanctioning decisions can be appealed to the department and, through judicial review, before the corresponding regional High Court.
Our value proposition
Why industrial companies trust Dobarro
Regional procedure know-how
Sanctioning jurisdiction over industrial matters lies with the regions. Dobarro knows the decision-making criteria applied by regional industry departments and the arguments that work at the administrative stage, on administrative appeal and on judicial review before the regional High Court.
Urgent defence against unfavourable OCA reports
An unfavourable OCA report can halt an installation within days. Dobarro acts from the first moment: legal analysis of the report, identifying procedural or technical defects, and submitting arguments to the department to prevent or limit the interim measure.
Legalising existing installations
Many industrial installations, especially older APQ storage or pressure equipment, become irregular over time due to regulatory changes. Dobarro advises on regularisation: adaptation projects, processing before the department, and communication with the OCA to minimise sanctioning risk.
Direct access to the partner
Every file is handled directly by Cristóbal Dobarro Gómez, Doctor of Administrative Law and specialist in regulated sectors with more than 20 years of experience. No intermediaries, no delegation to juniors.
Our approach
How we act in an industrial sanctioning proceeding
01
Analysing the report or proposal
We review the OCA report or the opening decision: identifying the alleged infringement, the proven facts, and any potential procedural or substantive defects.
02
Timely submissions
We submit arguments against the proposed decision with the strongest grounds: formal defects, limitation, absence of fault, or proportionality of the penalty.
03
Administrative appeal
If the decision is unfavourable, we file an administrative appeal with the department's superior body. The usual deadline is one month from notification.
04
Judicial review
In court, we appeal before the regional High Court. Where appropriate, we request interim suspension of the penalty during the appeal.
“The industry department opened sanctioning proceedings against us over deficiencies in our APQ installation following an OCA inspection. Dobarro identified that the proceedings had lapsed and secured the annulment of the sanctioning decision. Not a euro paid.”
— Director of Operations, chemical sector company · Galicia
Situations requiring urgent advice
Warning signs for industrial companies
You have received an unfavourable OCA report requiring corrective measures within a deadline
You have been notified of the opening of sanctioning proceedings by the industry department
You have APQ storage facilities that have not passed the periodic review within the regulatory deadline
Your pressure equipment operates without a valid inspection certificate
The department has ordered the precautionary suspension of your industrial installation
You have hazardous waste stored without authorisation or beyond the maximum deadlines
You are receiving an inspection visit from the industry department or an enforcement officer
Your industrial electrical installation lacks an up-to-date REBT certificate
No-obligation consultation
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Free ConsultationFrequently asked questions about industrial law in Spain
What are OCAs and what role do they play in industrial inspections?
Authorised Control Bodies (OCAs) are private entities accredited by ENAC that act on behalf of the regions to carry out regulatory inspections of industrial installations: pressure equipment, electrical installations, APQ storage and fire protection installations. Their unfavourable reports can lead to the installation being halted and sanctioning proceedings being opened. Decisions from the industry department can be appealed administratively and, through judicial review, before the regional High Court.
What does RD 656/2017 establish on chemical product storage?
Royal Decree 656/2017 approves the APQ Regulation with 10 technical instructions (ITC APQ-1 to APQ-10), each applying to a type of product: flammable liquids (APQ-1), refrigerated gases (APQ-5), corrosive liquids (APQ-6), toxic substances (APQ-7), pesticides (APQ-8) and flammable solids (APQ-10), among others. APQ installations require an engineering project, prior authorisation from the department, registration with the regional register, and periodic OCA reviews. Non-compliance can lead to fines of up to €600,000 for very serious infringements under Law 21/1992.
What are the most serious penalties in Spain's industrial sector?
Under the Industry Act (Law 21/1992), very serious infringements can be fined up to €600,000 (5-year limitation period): starting up without authorisation, concealing information during inspections, operating after a suspension. Serious infringements reach up to €60,000 and minor ones up to €6,000. For waste, Law 7/2022 sets fines of up to €2,000,000 for very serious infringements, such as the illegal transfer of hazardous waste or operating a treatment plant without authorisation.
What obligations does the REBT impose on industrial installations?
The Low Voltage Electrotechnical Regulation (RD 842/2002) requires industrial installations to comply with the applicable ITC-BT: ITC-BT-29 governs installations in explosion-risk zones (ATEX classification), ITC-BT-47 covers electric motors, and ITC-BT-48 covers transformers. New installations and substantial modifications require a project by an authorised installer, an installation certificate, and OCA verification. Starting up without the conformity certificate constitutes a serious infringement under Law 21/1992.
What is RD 2060/2008 and which equipment does it subject to inspection?
Royal Decree 2060/2008 regulates pressure equipment in industrial installations: vessels, steam generators, pressure piping and safety accessories. Equipment is classified into categories I to IV based on the fluid, maximum allowable pressure and volume. OCA inspection frequency is 4 years for basic-level equipment and 8-10 years for higher-level equipment. Operating equipment without a valid inspection or with uncorrected deficiencies can lead to the installation being halted and sanctioning proceedings by the regional industry department.