prop · GM0364 · 1999-01-01 00:00:00 — I avsaknad av andra lämpliga kriterier kan parterna använda följande kriterier för klassificering av ämnen och beredningar enligt del I av detta annex. (a) BRANDFARLIGA GASER: ämnen som i gasformigt tillstånd vid normalt tryck och blandade med luft blir brandfarliga och vilkas kokpunkt vid normalt tryck är C eller lägre; (b) MYCKET BRANDFARLIGA VÄTSKOR: ämnen som har en lägre flampunkt än 21 C och vars kokpunkt vid normalt tryck är högre än 20 C; (c) MYCKET GIFTIGA: ämnen med egenskaper motsvarande dem i tabell 1 eller tabell 2 nedan och som, beroende på sina fysikaliska och kemiska egenskaper, kan ge upphov till risker för industriolyckor. TABLE 1 Tabell 1 LD50 (oral/oralt) (1) LD50 (dermal/dermalt) (2) LC50 (3) mg/kg body weight mg/kg kroppsvikt mg/kg body weight mg/kg kroppsvikt mg/l (inhalation) mg/l (inhalation) LD50 < 25 LD50 < 50 LC50 < 0,5 (1) LD50 oral in rats LD50 oralt hos råtta (2) LD50 dermal in rats or rabbits LD50 dermalt hos råtta eller kanin (3) LC50 by inhalation (four hours) in rats LC50 genom inhalation () hos råtta TABLE 2 Tabell 2 Discriminating dose mg/kg body weight < 5 Diskriminerande dos mg/kg kroppsvikt where the acute oral toxicity in animals of the substance has been determined using the fixed-dose procedure. om ämnets akuta orala toxicitet hos djur har bestämts med metoden med fastställd dos. (d) TOXIC: substances with properties corresponding to those in table 3 or 4 and having physical and chemical properties capable of creating industrial accident hazards. GIFTIGA: ämnen med egenskaper motsvarande dem i tabell 3 eller 4 och med fysikaliska och kemiska egenskaper som kan ge upphov till risker för industriolyckor. TABLE 3 Tabell 3 LD50 (oral/oralt) (1) LD50 (dermal/dermalt) (2) LC50 (3) mg/kg body weight mg/kg body weight mg/1 (inhalation) mg/kg kroppsvikt mg/kg body weight mg/kg body weight mg/1 (inhalation) mg/kg kroppsvikt mg/l (inhalation) mg/l (inhalation 25 < LD50 < 200 50 < LD50 < 400 0,5 LC50 < 2 (1) LD50 oral in rats LD50 oralt hos råtta (2) LD50 dermal in rats or rabbits LD50 dermalt hos råtta eller kanin (3) LC50 by inhalation (four hours) in rats LC50 genom inhalation () hos råtta TABLE 4 Tabell 4 Discriminating dose mg/kg body weight = 5 Diskriminerande dos mg/kg kroppsvikt where the acute oral toxicity in animals of the substance has been determined using the fixed-dose procedure. om ämnets akuta orala toxicitet hos djur har bestämts med metoden med fastställd dos. (e) OXIDIZING: substances which give rise to highly exothermic reaction when in contact with other substances, particularly flammable substances. (f) EXPLOSIVE: substances which may explode under the effect of flame or which are more sensitive to shocks or friction than dinitrobenzene. (g) FLAMMABLE LIQUIDS: substances which have a flash point lower than 55 C and which remain liquid under pressure, where particular processing conditions, such as high pressure and high temperature, may create industrial accident hazards. (h) DANGEROUS FOR THE ENVIRONMENT: substances showing the values for acute toxicity to the aquatic environment corresponding to table 5. (e) OXIDERANDE: ämnen som ger starkt exoterma reaktioner vid kontakt med andra ämnen, särskilt brandfarliga ämnen. (f) EXPLOSIVA: ämnen som kan explodera vid påverkan av eld eller som är känsligare för stötar eller friktion än dinitrobensen. (g) BRANDFARLIGA VÄTSKOR: ämnen som har en lägre flampunkt än 55 C och som förblir flytande under tryck, då särskilda processbetingelser, såsom högt tryck och hög temperatur, kan ge upphov till risker för industriolyckor. (h) FARLIGA FÖR MILJÖN: ämnen som har värden för akut toxicitet för den akvatiska miljön motsvarande tabell 5. TABLE 5 Tabell 5 LC50 (1) mg/l EC50 (2) mg/l IC50 (3) mg/l LC50 < 10 EC50 < 10 IC50 < 10 (1) LC50 fish (96 hours) LC50 fisk () (2) EC50 daphnia (48 hours) EC50 daphnia () (3) IC50 algae (72 hours) IC50 alg () where the substance is not readily degradable, or the log Pow > 3,0 (unless the experimentally determined BCF < 100). då ämnet inte är lätt nedbrytbart eller log Pow > 3,0 (om inte den experimentellt bestämda BCF < 100). (i) LD - lethal dose (dödlig dos) (j) LC - lethal concentration (dödlig koncentration) (k) EC - effective concentration (effektkoncentration) (1) IC - inhibiting concentration (inhiberande koncentration) (m) Pow - partition coefficient octano/water (fördelningskoeffient octanol/vatten) (n) BCF - bioconcentration factor (biokoncentrationsfaktor) This applies to ammonium nitrate and mixtures of ammonium nitrate where the nitrogen content derived from the ammonium nitrate is > by weight, and to aqueous solutions of ammonium nitrate where the concentration of ammonium nitrate is > by weight. This applies to straight ammonium nitrate fertilizers and to compound fertilizers where the nitrogen content derived from the ammonium nitrate is > by weight (a compound fertilizer contains ammonium nitrate together with phosphate and/or potash). Mixtures and preparations containing such substances shall be treated in the same way as the pure substance unless they no longer exhibit equivalent properties and are not capable of producing transboundary effects. INQUIRY COMMISSION PROCEDURE PURSUANT TO ARTICLES 4 AND 5 The requesting Party or Parties shall notify the secretariat that it or they is (are) submitting question (s) to an inquiry commission established in accordance with the provisions of this . The notification shall state the subject-matter of the inquiry. The secretariat shall immediately inform all Parties to the Convention of this submission. The inquiry commission shall consist of three members. Both the requesting party and the other party to the inquiry procedure shall appoint a scientific or technical expert and the two experts so appointed shall designate by common agreement a third expert, who shall be the president of the inquiry commission. The latter shall not be a national of one of the parties to the inquiry procedure, nor have his or her usual place of in the territory of one of these parties, nor be employed by any of them, nor have dealt with the case in any other capacity. If the president of the inquiry commission has not been designated within two months of the appointment of the second expert, the Executive Secretary of the Economic Commission for Europe shall, at the request of either party, designate the president within a further two- month period. If one of the parties to the inquiry procedure dose not appoint an expert within one month of its receipt of the notification by the secretariat, the other party may inform the Executive Secretary of the Economic Commission for Europe, who shall designate the president of inquiry commission within a further two-month period. Upon de-signation, the president of the inquiry commission shall request the party which has not appointed an expert to do so within a month. If it fails to do so within that period, the president shall inform the Executive Secretary of the Economic Commission for Europe who shall make this appointment within a further two-month period. The inquiry commission shall adopt its own rules of procedure. The inquiry commission may take all appropriate measures in order to carry out its functions. The parties to the inquiry procedure shall facilitate the work of the inquire commission and in particular shall, using all means at their disposal: (a) Provide the inquiry commission with all relevant documents, facilities and information; (b) Enable the inquiry commission, where necessary, to call witnesses or experts and receive their evidence. The parties and the experts shall protect the confidentiality of any information they receive in confidence during the work of the inquiry commission. If one of the parties to the inquire procedure does not appear before the inquiry commission or fails to present its case, the other party may request the inquiry commission to continue the proceedings and to complete its work. Absence of a party or failure of a party to present its case shall not constitute a bar to the continuation and completion of the work of the inquiry commission. Unless the inquiry commission determines otherwise because of the particular circumstances of the matter, the expenses of the inquiry commission, including the remuneration of its members, shall be borne equally by the parties to the inquiry procedure. The inquiry commission shall keep a record of all its expenses and shall furnish a final statement thereof to the parties. which has an interest of a factual nature in the subject-matter of the inquiry procedure and which may be affected by an opinion in the matter may intervene in the proceedings with the consent of the inquiry commission. The decisions of the inquiry commission on matters of the procedure shall be taken by majority vote of its members. The final opinion of the inquiry commission shall reflect the view of the majority of its members and shall include any dissenting view. The inquiry commission shall present its final opinion within two months of the date on which it was established, unless it finds it necessary to extend this time-limit for a period which should not exceed two months. The final opinion of the inquiry commission shall be based on accepted scientific principles. The final opinion shall be transmitted by the inquiry commission to the parties to the inquiry procedure and to the secretariat. PROCEDURES PURSUANT TO ARTICLE 4 A Party of origin may request consultations with another Party, in accordance with paragraph 2 to 5 of this , in order to determine whether that party is an affected Party. For a proposed or existing hazardous activity, the Party of origin shall, for the purposes of ensuring adequate and effective consultations, provide for the notification at appropriate levels of any Party that it considers may be an affected Party as early as possible and no later than when informing its own public about that proposed or existing activity. For existing hazardous activities such notification shall be provided no later than two years after the entry into force of this Convention for a Party of origin. The notification shall contain, inter alia: (a) Information on the hazardous activity, including any available information or report, such as information produced in accordance with Article 6, on its possible transboundary effects in the event of an industrial accident; (b) An indication of a reasonable time within which a response under paragraph 4 of this is required, taking into account the nature of the activity; and may include the information set out in paragraph 6 of this . The notified Parties shall respond to the Party of origin within the time specified in the notification, acknowledging receipt of the notification and indicating whether they intend to enter into consultation. If a notified Party indicates that it does not intend to enter into consultation, or if it does not respond within the time specified in the notification, the provisions set down in the following paragraphs of this not apply. In such circumstances, the right of a Party of origin to determine whether to carry out an assessment and analysis on the basis of its national law and practice is not prejudiced. Upon receipt of a response from a notified Party indicating its to enter into consultation, the Party of origin shall, if it has not already done so, provide to the notified Party: (a) Relevant information regarding the time schedule for analysis, including an indication of the time schedule for the transmittal of comments; (b) Relevant information on the hazardous activity and its transboundary effects in the event of an industrial accident; (c) The opportunity to participate in evaluations of the information or any report demonstrating possible transboundary effects. An affected Party shall, at the request of the Party of origin, provide the latter with reasonably obtainable information relating to the area under the jurisdiction of the affected Party capable of being affected, where such information is necessary for the preparation of the assessment and analysis and measures. The information shall be furnished promptly and, as appropriate, through a joint body where one exist. The Party of origin shall furnish the affected Party directly, as appropriate, or, where one exists, through a joint body with the analysis and evaluation documentation as described in , paragraphs 1 and 2. The Parties concerned shall inform the public in areas reasonably capable of being affected by the hazardous activity and shall arrange for the distribution of the analysis and evaluation documentation to it and to authorities in the relevant areas. The Parties shall ensure them an opportunity for making comments on, or objections to, the hazardous activity and shall arrange for their views to be submitted to the competent authority of the Party of origin, either directly to that authority or, where appropriate, through the Party of origin, within a reasonable time. The Party of origin shall, after completion of the analysis and evaluation documentation, enter without undue delay into consultations with the affected Party concerning, inter alia, the transboundary effects of the hazardous activity in the event of an industrial accident, and measures to reduce or eliminate its effects. The consultation may relate to: (a) Possible alternatives to the hazardous activity, including the no-action alternative, and possible measures to mitigate transboundary effects at the expense of the Party of origin; (b) Other form of possible mutual assistance for reducing any transboundary effects; (c) other appropriate matters. The Parties concerned shall, on the commencement of such consultations, agree on a responsible time-frame for the duration of the consultation period. such consultations may be conducted through an appropriate joint body, where one exists. The Parties concerned shall ensure that due account is taken of the analysis and evaluation, as well as on the comments received pursuant to paragraph 9 of this and of the outcome of the consultations referred to in paragraph 10 of this . The Party of origin shall notify the affected Parties of any decision on the activity, along with the reasons and considerations on which it was based. If, after additional and relevant information concerning the transboundary effects of hazardous activity and which was not available at the time consultations were held with respect to that activity, becomes available to a Party concerned, that party shall immediately inform the other Party or Parties concerned. If one of the Parties concerned so requests, renewed consultations shall be held. PREVENTIVE MEASURES PURSUANT TO ARTICLE 6 The following measures may be carried out, depending on national laws and practices, by Parties, competent authorities, operators, or by joint efforts: The setting of general or specific safety objectives: The adoption of legislative provisions or guidelines concerning safety measures and safety standards; The identification of those hazardous activities which require special preventive measures, which may include a licensing or authorization system; The evaluation of risk analyses or of safety studies for hazardous activities and an action plan for the implementation of necessary measures; The provision to the competent authorities of the information needed to assess risks; The application of the most appropriate technology in order to prevent industrial accidents and protect human beings and the environment; The undertaking, in order to prevent industrial accidents, of the appropriate education and training of all persons engaged in hazardous activities on-site under both normal and abnormal conditions; The of internal managerial structures and practices designed to implement and maintain safety regulations effectively; The monitoring and auditing of hazardous activities and the carrying out of inspections. The analysis and evaluation of the hazardous activity should be performed with a scope and to a depth which vary depending on the purpose for which they are carried out. The following table illustrates, for the purposes of the related Articles, matters which should be considered in the analysis and evaluation, for the purposes listed: ----------------------------------------- Purpose of analysis Emergency planning under article 8 Matters to be considered: (1) The quantities and properties of hazardous substances on the site; (2) Brief descriptive scenarios of a representative sample of industrial accidents possibly arising from the hazardous activity, including an indication of the likelihood of each; (3) For each scenario: (a) The approximate quantity of a release; (b) The extent and severity of the resulting consequences both for people and for the non-human environment in favourable and unfavourable conditions, including the extent of resulting hazard zones; (c) The time-scale within which the industrial accident could develop from the initiating event; (d) action which could be taken to minimize the likelihood of escalation. (4) The size and distribution of the population in the vicinity, including any large concentrations of people potentially in the hazard zone; (5) The age, mobility and susceptibility of that population. Decision-making on siting under article 7. In addition to items (1) to (5) above: (6) The severity of the harm inflicted on people and the environment, depending on the nature and circumstances of the release; (7) The distance from the location of the hazardous activity at which harmful effects on people and the environment may reasonably occur in the event of an industrial accident; (8) The same information not only for the present situation but also for planned or reasonably foreseeable future developments. ----------------------------------------- Information to the public under Article 9 ----------------------------------------- In addition to items (1) to (4) above: (9) The people who may be affected by an industrial accident. Preventive measures under Article 6 1n addition to items (4) to (9) above, more detailed versions of the descriptions and assessments set out in items (1) to (3) will be needed for preventive measures. In addition to those descriptions and assessments, the following matters should also be covered: (10) The conditions and quatities in which hazardous materials are handled; (11) A list of the scenarios for the types of industrial accidents with serious effects, to include examples covering the full range of incident size and the possibility of effects from adjacent activities; (12) For each scenario, a description of the events which could initiate an industrial accident and the steps whereby it could escalate; (13) An assessment, at least in general terms, of the likelihood of each step occurring, taking into account the arrangements in (14); (14) A description of the preventive measures in terms of both equipment and procedures designed to minimize the likelihood of each step occurring; (15) An assessment of the effects that deviations from normal operating conditions could have, and the consequent arrangements for safe shut-down of the hazardous activity or any part thereof in an emergency, and of the need for staff training to ensure that potentially serious deviations are recognized at an early stage and appropriate action taken; (16) An assessment of the extent to which modifications, repair work and maintenance work on the hazardous activity could place the control measures at risk, and the consequent arrangements to ensure that control is maintained. DECISION-MAKING ON SITING PURSUANT TO ARTICLE 7 The following illustrates the matters which should be considered pursuant to Article 7: The results of risk analysis and evaluation, including an evaluation pursuant to of the physical characteristics of the area in which the hazardous activity is being planned; The results of consultations and public participation processes; An analysis of the increase or decrease of the risk caused by any development in the territory of the affected Party in relation to an existing hazardous activity in the territory of the Party of origin; The evaluation of the environmental risks, including any transboundary effects; An evaluation of the new hazardous activities which could be a source of risk; A consideration of the siting of new, and significant modifications to existing hazardous activities at a safe distance from existing centres of population, as well as the of a safety area around hazardous activities; within such areas, developments which would increase the populations at risk, or otherwise increase the severity of the risk, should be closely examined. EMERGENCY PREPAREDNESS MEASURES PURSUANT TO ARTICLE 8 All contingency plans, both on- and off site, should be coordinated to provide a comprehensive and effective response to industrial accidents. The contingency plans should include the actions necessary to localize emergencies and to prevent or minimize their transboundary effects. They should also include arrangements for warning people and, where appropriate, arrangements for their evacuation, other protective or rescue actions and health services. Contingency plans should give on-site personnel, people who might be affected off site and rescue forces, details of technical and organizational procedures which are appropriate for response in the event of an industrial accident capable of having transboundary effects and to prevent and minimize effects on people and the environment, both on and off site. Examples of matters which could be covered by on-site contingency plans include: (a) Organizational roles and responsibilities on site for dealing with an emergency; (b) A description of the action which should be taken in the event of an industrial accident, or an imminent threat thereof, in order to control the condition or event, or details of where such a description can be found; (c) A description of the equipment and resources available; (d) Arrangements for providing early warning of industrial accidents to the public authority responsible for the off-site emergency response, including the type of information which should be included in an initial warning and the arrangements for providing more detailed information as it becomes available; (e) Arrangements for training personnel in the duties they will be expected to perform. Examples of matters which could be covered by off site contingency plans include: (a) Organizational roles and responsibilities off site for dealing with an emergency, including how integration with one-site plans is to be achieved; (b) Methods and procedures to be followed by emergency and personnel; (c) Methods for rapidly determining the affected area; (d) Arrangements for ensuring that prompt industrial accident notification is made to affected or potentially affected Parties and that that liaison is maintained subsequently; (e) Identification of resources necessary to implement the plan and the arrangements for coordination; (f) Arrangements for providing information to the public including, where appropriate, the arrangements for reinforcing and repeating the information provided to the public pursuant to Article 9; (g) Arrangements for training and exercises. Contingency plans could include the measures for: treatment; collection; clean-up; storage; removal and safe disposal of hazardous substances and contaminated material; and restoration. INFORMATION TO THE PUBLIC PURSUANT TO ARTICLE 9 The name of the company, address of the hazardous activity and identification by position held of the person giving the information; An explanation in simple terms of the hazardous activity, including the risks;