Does Racking Inspection Legislation Differ Across the EU?

The EU is made up of a few common laws. However, not every country follows the exact same laws. So, how do we factor in racking inspection legislation? When we leave the EU in 2019, racking inspection legislation will be free to be changed without the influence of the EU. However, this is with the assumption that the EU has already had an impact on racking inspection legislation in the UK. IT has, but we cannot determine exactly how much so.

When people think about how the EU works, they often assume the approach is taken top-down. The EU tells the governments of EU member states what they can or cannot do. Then, those member states tell organisations within their countries what they can or cannot do. The reality is, however, that this is not always the case.

In the case of racking inspection legislation, one of the biggest influential European Standards throughout the EU (EN 15635) was based on SEMA Load Notices Code of Practice in 2004. So, this would mean that instead of the EU telling SEMA what to do, it was the other way around. However, there is a bit more to it than that.

The Laws, Standards and Directives with Racking Inspection Legislation in the EU

One of the multiple reasons as to why people voted to leave the EU was due to control. They believed that the EU is responsible for too big a percentage of British laws. However, depending on who you speak to, this percentage varied. How could such a simple question vary so wildly? Well, this comes down to the way in which the EU works.

EU guidelines, whether it be for racking inspections or anything else, comes in many different forms. As a result, it is hard to determine what should be considered as an “EU law”. Some class all guidelines as laws. However, others view only a few as though they are laws. Not every guideline is legally binding, but some are necessary for the purpose of trading within the EU.

When it comes to racking inspection legislation, the most influential EU guideline is EN 13565. This guideline is a European Standard, which is designed and enforced by the European Standards Organisation. This organisation creates standards that must be met by the EU member states if they wish to trade within the EU.

However, if an EU member state doesn’t want to follow every standard, they don’t necessarily have to. This is because a given standard may only affect an area of trade that is of little care to the member state. As a result, they may choose to ignore that standard. The European Standard Organisation is one of the many bodies which the UK may choose to stay part of in the instance of a “soft Brexit”. This is due it not technically part of the EU.

EN 13565 affects storage equipment. This is why it was based on SEMA’s Load Notices Code of Practice 2004. If an EU member state wants to see if it can trade with other EU member states, it is likely that it needs a warehouse that meets European Standards. Businesses which don’t have warehouses will not need to meet this standard. This is because it will not apply to them.

So, Does Racking Inspection Legislation Differ Across the EU?

This is difficult to answer. In a sense, yes. All businesses within European countries must follow EN 13565 if they wish to trade. However, EN 13565 is rather vague. It is a standard as opposed to a legislation. Different countries will interpret this standard in their own way.

In the UK, EN 15635 has, in turn, led to the creation of BS EN 15365 and HSE HSG76. The former is a British standard and the latter is a list of guidelines from HSE. The guidelines of HSE refer to laws and define terms used in EN 13565. So, for example, EN 13565 suggests an inspection once every 12 months from an “expert” rack inspector. This is echoes in HSE’s HSG76. However, it gets specific mentioning by SEMA approved inspectors as an example of a SEMA approved inspector.

Other member states do not specify SEMA approved inspectors as an example of an expert. However, many SEMA approved inspectors operate throughout the EU. This is due to the similarity of racking inspection legislation across the EU due to EN 13565. After all, EN 13565 was built from inspiration by SEMA. It makes sense that other countries in the EU would consider SEMA approved racking inspectors as experts.

It does not really matter where you may be based in the EU. A SEMA approved racking inspector is exactly the kind of “expert” racking inspection you need at least once every 12 months.

Get in Touch with Monarch Shelving Ltd

Now you know more about racking inspection legislation across the EU, it is time to get your warehouse ready! Get in touch with Monarch Shelving Ltd for all of your warehouse racking, shelving, and other storage needs.