Metro de Madrid is in the eye of the storm for the sale of the CAF 5000 to Buenos Aires: the Spanish company knew of the presence of asbestos in trains since 2003 and would have omitted to detail it in the sales documents. The commercialization of asbestos-containing products has been banned in Spain since 2001 and in Europe since 2006, while in Argentina its importation has also been banned since 2001. SBASE does not rule out legal actions.
The controversy unleashed following the disclosure of the presence of asbestos in the CAF Series 5000 trains seems to have no end : in Spain, an investigation of the Cadena SER revealed that the Madrid Metro "skipped the law when selling to Buenos Aires trains with asbestos " since the company knew that this material was present in the cars years before starting its sale.
In 2003 the Madrid Metro had raised a note to the National Commission of Health and Safety at Work recognizing that "among its business units affected by asbestos were 65 units (1
The commercialization of elements containing asbestos is prohibited in Spain since 2001 (Order of the Ministry of the Presidency 23.636 / 2001). Five years later, the European Parliament approved similar regulations for the entire EU establishing restrictions for the manufacture, commercialization and use of asbestos fibers and articles containing them in the European Economic Area (Regulation No. 1907/2006 of the European Parliament and of the Council, of December 18, 2006)
" It is evident that the sale of trains with asbestos to Buenos Aires was illegal by law clearly violated the law. It is very serious because selling products with asbestos to another country, knowingly, is a crime against public health from other countries, "said Francisco Puche, an engineer and economist who is an expert in asbestos.  "It is evident that the sale of asbestos trains to Buenos Aires was illegal as of right, they clearly violated the law. It is very serious because to sell products with asbestos to another country, knowingly, is a crime against the public health of other countries, "said Francisco Puche, an engineer and economist expert in asbestos.
The situation is still going more serious if one considers that as revealed half a day ago, in Argentina asbestos was also prohibited from about ten years before the purchase of the CAF 5000. In effect, the resolution 845/2000 del Ministry of Health of the Nation banned the import of asbestos fibers (variety Anfiboles) and products containing them and resolution 823/2001 established identical measures for the Chrysotile variety asbestos fibers as of January 1, 2003.
Buenos Aires Subways ( SBASE ) assures that was unaware of the presence of asbestos in the CAF 5000 and took knowledge of The press withdrew preventively from circulation the cars of this fleet that remained in service. This added a new complication to the crisis of rolling stock suffered by the line B.
enelSubte could not verify whether the sale specifications of the trains of series 5000 of first subseries ( 2011/12) detailed the presence of asbestos among its components, but has verified that there is no mention of this material in the sale documents of CAF 5000 of the second and second subseries fourth published in 2013 and whose sale was declared void when inclining SBASE by the CAF 6000. In contrast, the tender document of 103 cars of the first and third series recently published and oriented to dismantling companies does detail that the units contain the dangerous material and point out that the bidders must have the corresponding authorizations to handle asbestos that Spanish law requires.
After the Uspensión of circulation of trains, SBASE demanded Metro de Madrid to confirm the presence of asbestos in the trains of series 5000 acquired by the Buenos Aires Government in 2011 and 2012. The company from Madrid He forwarded that request to the train manufacturer (CAF) and so far does not have an answer. In parallel, the Metro de Madrid legal services are reviewing the sales documentation of the trains to detect whether they incurred any "failure" or omission when preparing the sale documents.
Subterranean of Buenos Aires ( SBASE ), in as much, does not discard to initiate legal actions by the fact. Curiously, in Argentina, -although for other reasons- the operation is already judicialized in the framework of a criminal case involving the former president of SBASE Juan Pablo Piccardo (2009 – 2016), and the Board of Directors of the state company.