1996L0082 — EN — 31.12.2003 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL DIRECTIVE 96/82/EC
of 9 December 1996
on the control of major-accident hazards involving dangerous substances
(OJ L 10, 14.1.1997, p. 13)
Amended by:
Official Journal
No page date
►M1 Regulation (EC) No 1882/2003 of the European Parliament and of the
Council of 29 September 2003L 284 1 31.10.2003
►M2 Directive 2003/105/EC of the European Parliament and of the Council of
16 December 2003L 345 97 31.12.2003
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
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COUNCIL DIRECTIVE 96/82/EC
of 9 December 1996
on the control of major-accident hazards involving dangerous
substances
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, andin particular Article 130s (1) thereof,
Having regard to the proposal from the Commission (
1),
Having regard to the opinion of the Economic and Social
Committee (2),
Acting in accordance with the procedure laid down in Article 189c of
the Treaty (3),
(1) Whereas Council Directive 82/501/EEC of 24 June 1982 on themajor-accident hazards of certain industrial activities (
4)i s
concerned with the prevention of major accidents which mightresult from certain industrial activities and with the limitationof their consequences for man and the environment;
(2) Whereas the objectives and principles of the Community's envir-
onment policy, as set out in Article 130r (1) and (2) of the
Treaty and detailed in the European Community's actionprogrammes on the environment (
5), aim, in particular, at preser-
ving and protecting the quality of the environment, andprotecting human health, through preventive action;
(3) Whereas the Council and the representatives of the Governmentsof the Member States, meeting within the Council, in theiraccompanying resolution concerning the fourth ActionProgramme on the Environment (
6), highlighted the need for
more effective implementation of Directive 82/501/EEC andcalled for a review of the Directive to include, if necessary, a
possible widening of its scope and a greater exchange of infor-
mation on the matter between Member States; whereas the fifthAction Programme, the general approach of which was approvedby the Council and the representatives of the Governments of theMember States, meeting within the Council, in their resolution
of 1 February 1993 (
7), also presses for better risk-and-accident
management;
(4) Whereas, in the light of the accidents at Bhopal and MexicoCity, which demonstrated the hazard which arises whendangerous sites and dwellings are close together, the CouncilResolution of 16 October 1989 called on the Commission to
include in Directive 82/501/EEC provisions concerning controls
on land-use planning when new installations are authorized andwhen urban development takes place around existing installa-tions;
(5) Whereas the said Council resolution invited the Commission to
work with Member States towards greater mutual understanding1996L0082 — EN — 31.12.2003 — 002.001 — 2
(1) OJ No C 106, 14. 4. 1994, p. 4 and OJ No C 238, 13. 9. 1995, p. 4.
(2) OJ No C 295, 22. 10. 1994, p. 83.
(3) Opinion of the European Parliament of 16 February 1995 (OJ No C 56, 6. 3.
1995, p. 80), Council common position of 19 March 1996 (OJ No C 120,
24. 4. 1996, p. 20) and Decision of the European Parliament of 15 July
1996 (OJ No C 261, 9. 9. 1996, p. 24).
(4) OJ No L 230, 5. 8. 1982, p. 1. Directive as last amended by Directive 91/
692/EEC (OJ No L 377, 31. 12. 1991, p. 48).
(5) OJ No C 112, 20. 12. 1973, p. 1.
OJ No C 139, 13. 6. 1977, p. 1.OJ No C 46, 17. 2. 1983, p. 1.
OJ No C 70, 18. 3. 1987, p. 1.
OJ No C 138, 17. 5. 1993, p. 1.
(
6) OJ No C 328, 7. 12. 1987, p. 3.
(7) OJ No C 138, 17. 5. 1993.
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and harmonization of national principles and practices regarding
safety reports;
(6) Whereas it is desirable to pool the experience gained throughdifferent approaches to the control of major-accident hazards;whereas the Commission and the Member States should developtheir relations with the relevant international bodies and seek toestablish measures equivalent to those set out in this Directive
for use in third countries;
(7) Whereas the Convention on the Transboundary Effects of Indus-
trial Accidents of the United Nations Economic Commission forEurope provides for measures regarding the prevention of, prepa-redness for and response to industrial accidents capable of
causing transboundary effects as well as for international coop-
eration in this field;
(8) Whereas Directive 82/501/EEC constituted a first stage in theharmonization process; whereas the said Directive should berevised and supplemented in order to ensure high levels of
protection throughout the Community in a consistent and effi-
cient manner; whereas the present harmonization is limited tothe measures which are necessary to put in place a more effec-tive system for preventing major accidents with widespreadeffects and for limiting their consequences;
(9) Whereas major accidents can have consequences beyond fron-tiers; whereas the ecological and economic cost of an accidentis borne not only by the establishment affected but also by theMember States concerned; whereas it is therefore necessary totake measures ensuring a high level of protection throughout
the Community;
(10) Whereas the provisions of this Directive must apply without
prejudice to Community provisions as regards health and safetyat work;
(11) Whereas use of a list specifying certain installations whileexcluding others with identical hazards is not an appropriatepractice, and may allow potential sources of major accidents toescape regulation; whereas the scope of Directive 82/501/EECmust be altered to make the provisions applicable to all estab-lishments where dangerous substances are present in sufficiently
large quantities to create a major-accident hazard;
(12) Whereas, with due regard for the Treaty and in compliance with
the relevant Community legislation, Member States may retainor adopt appropriate measures for transport-related activities atdocks, wharves and marshalling yards, which are excluded from
this Directive, in order to ensure a level of safety equivalent to
that established by this Directive;
(13) Whereas the transmission of dangerous substances through pipe-lines also has a potential to produce major accidents; whereasthe Commission should, after collecting and evaluating informa-
tion about existing mechanisms within the Community for
regulating such activities and the occurrence of relevant inci-dents, prepare a communication setting out the case, and mostappropriate instrument, for action in this area if necessary;
(14) Whereas, with due regard for the Treaty and in compliance withthe relevant Community legislation, Member States may retainor adopt measures on waste land-fill, which do not come withinthe scope of this Directive;
(15) Whereas analysis of the major accidents reported in the Commu-
nity indicates that the majority of them are the result of
managerial and/or organizational shortcomings; whereas it istherefore necessary to lay down at Community level basic prin-ciples for management systems, which must be suitable forpreventing and controlling major-accident hazards and limitingthe consequences thereof;1996L0082 — EN — 31.12.2003 — 002.001 — 3
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(16) Whereas differences in the arrangements for the inspection of
establishments by the competent authorities may give rise to
differing levels of protection; whereas it is necessary to laydown at Community level the essential requirements with whichthe systems for inspection established by the Member Statesmust comply;
(17) Whereas, in order to demonstrate that all that is necessary has
been done to prevent major accidents, to prepare contingency
plans and response measures, the operator should, in the case ofestablishments where dangerous substances are present in signif-icant quantities, provide the competent authority withinformation in the form of a safety report containing details of
the establishment, the dangerous substances present, the installa-
tion or storage facilities, possible major accidents and themanagement systems available, in order to prevent and reducethe risk of major accidents and to enable the necessary steps tobe taken to limit the consequences thereof;
(18) Whereas, in order to reduce the risk of domino effects, whereestablishments are sited in such a way or so close together as toincrease the probability and possibility of major accidents, oraggravate their consequences, there should be provision for theexchange of appropriate information and cooperation on publicinformation;
(19) Whereas, in order to promote access to information on the envir-onment, the public should have access to safety reports producedby operators, and persons likely to be affected by a major acci-dent should be given information sufficient to inform them ofthe correct action to be taken in that event;
(20) Whereas, in order to provide against emergencies, in the case ofestablishments where dangerous substances are present in signif-icant quantities it is necessary to establish external and internalemergency plans and to create systems to ensure those plansare tested and revised as necessary and implemented in the event
of a major accident or the likelihood thereof;
(21) Whereas the staff of an establishment must be consulted on the
internal emergency plan and the public must be consulted on theexternal emergency plan;
(22) Whereas, in order to provide greater protection for residential
areas, areas of substantial public use and areas of particular
natural interest or sensitivity, it is necessary for land-use and/orother relevant policies applied in the Member States to takeaccount of the need, in the long term, to keep a suitable distancebetween such areas and establishments presenting such hazardsand, where existing establishments are concerned, to take
account of additional technical measures so that the risk to
persons is not increased;
(23) Whereas, in order to ensure that adequate response measures aretaken if a mjaor accident occurs, the operator must immediatelyinform the competent authorities and communicate the informa-
tion necessary for them to assess the impact of that accident;
(24) Whereas, in order to provide for an information exchange and to
prevent future accidents of a similar nature, Member Statesshould forward information to the Commission regarding majoraccidents occurring in their territory, so that the Commission
can analyze the hazards involved, and operate a system for the
distribution of information concerning, in particular, major acci-dents and the lessons learned from them; whereas thisinformation exchange should also cover ‘near misses’ whichMember States regard as being of particular technical interestfor preventing major accidents and limiting their consequences,1996L0082 — EN — 31.12.2003 — 002.001 — 4
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HAS ADOPTED THIS DIRECTIVE:
Article 1
Aim
This Directive is aimed at the prevention of major accidents which
involve dangerous substances, and the limitation of their consequencesfor man and the environment, with a view to ensuring high levels ofprotection throughout the Community in a consistent and effectivemanner.
Article 2
Scope
1. The Directive shall apply to establishments where dangerous
substances are present in quantities equal to or in excess of the quanti-ties listed in Annex I, Parts 1 and 2, column 2, with the exception of
Articles 9, 11 and 13 which shall apply to any establishment where
dangerous substances are present in quantities equal to or in excess ofthe quantities listed in Annex I, Parts 1 and 2, column 3.
For the purposes of this Directive, the ‘presence of dangerous
substances’ shall mean the actual or anticipated presence of suchsubstances in the establishment, or the presence of those which it isbelieved may be generated during loss of control of an industrialchemical process, in quantities equal to or in excess of the thresholdsin Parts 1 and 2 of Annex I.
2. The provisions of this Directive shall apply without prejudice to
Community provisions concerning the working environment, and, inparticular, without prejudice to Council Directive 89/391/EEC of 12
June 1989 on the introduction of measures to encourage improvements
in the safety and health of workers at work (
1).
Article 3
Definitions
For the purposes of this Directive:
1. ‘establishment’ shall mean the whole area under the control of an
operator where dangerous substances are present in one or moreinstallations, including common or related infrastructures or activ-ities;
2. ‘installation’ shall mean a technical unit within an establishment in
which dangerous substances are produced, used, handled or stored.
It shall include all the equipment, structures, pipework, machinery,tools, private railway sidings, docks, unloading quays serving theinstallation, jetties, warehouses or similar structures, floating orotherwise, necessary for the operation of the installation;
3. ‘operator’ shall mean any individual or corporate body who operates
or holds an establishment or installation or, if provided for by
national legislation, has been given decisive economic power in thetechnical operation thereof;
4. ‘dangerous substance’ shall mean a substance, mixture or prepara-
tion listed in Annex 1, Part 1, or fulfilling the criteria laid down inAnnex 1, Part 2, and present as a raw material, product, by-product,residue or intermediate, including those substances which it is
reasonable to suppose may be generated in the event of accident;
5. ‘major accident’ shall mean an occurrence such as a major emission,
fire, or explosion resulting from uncontrolled developments in thecourse of the operation of any establishment covered by this Direc-tive, and leading to serious danger to human health and/or theenvironment, immediate or delayed, inside or outside the establish-ment, and involving one or more dangerous substances;1996L0082 — EN — 31.12.2003 — 002.001 — 5
(1) OJ No L 183, 29. 6. 1989, p. 1.
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6. ‘hazard’ shall mean the intrinsic property of a dangerous substance
or physical situation, with a potential for creating damage to humanhealth and/or the environment;
7. ‘risk’ shall mean the likelihood of a specific effect occurring within
a specified period or in specified circumstances;
8. ‘storage’ shall mean the presence of a quantity of dangerous
substances for the purposes of warehousing, depositing in safe
custody or keeping in stock.
Article 4
Exclusions
This Directive shall not apply to the following:
(a) military establishments, installations or storage facilities;
(b) hazards created by ionizing radiation;
(c) the transport of dangerous substances and intermediate temporary
storage by road, rail, internal waterways, sea or air, outside theestablishments covered by this Directive, including loading andunloading and transport to and from another means of transport atdocks, wharves or marshalling yards;
(d) the transport of dangerous substances in pipelines, including
pumping stations, outside establishments covered by this Directive;
(e) the exploitation (exploration, extraction and processing) of minerals
in mines, quarries, or by means of boreholes, with the exception of
chemical and thermal processing operations and storage related tothose operations which involve dangerous substances, as definedin Annex I;
(f) the offshore exploration and exploitation of minerals, including
hydrocarbons;
(g) waste land-fill sites, with the exception of operational tailings
disposal facilities, including tailing ponds or dams, containing
dangerous substances as defined in Annex I, in particular when
used in connection with the chemical and thermal processing ofminerals.
Article 5
General obligations of the operator
1. Member States shall ensure that the operator is obliged to take all
measures necessary to prevent major accidents and to limit their conse-quences for man and the environment.
2. Member States shall ensure that the operator is required to prove
to the competent authority referred to in Article 16, hereinafter referredto as the ‘competent authority’, at any time, in particular for thepurposes of the inspections and controls referred to in Article 18, that
he has taken all the measures necessary as specified in this Directive.
Article 6
Notification
1. Member States shall require the operator to send the competent
authority a notification within the following time-limits:
— for new establishments, a reasonable period of time prior to the
start of construction or operation,
— for existing establishments, one year from the date laid down in
Article 24 (1),
— for establishments which subsequently fall within the scope of this
Directive, within three months after the date on which this Direc-1996L0082 — EN — 31.12.2003 — 002.001 — 6
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tive applies to the establishment concerned, as laid down in the first
subparagraph of Article 2(1).
2. The notification required by paragraph 1 shall contain the
following details:
(a) the name or trade name of the operator and the full address of the
establishment concerned;
(b) the registered place of business of the operator, with the full
address;
(c) the name or position of the person in charge of the establishment, if
different from (a);
(d) information sufficient to identify the dangerous substances or cate-
gory of substances involved;
(e) the quantity and physical form of the dangerous substance or
substances involved;
(f) the activity or proposed activity of the installation or storage
facility;
(g) the immediate environment of the establishment (elements liable to
cause a major accident or to aggravate the consequences thereof).
3. In the case of existing establishments for which the operator has
already provided all the information under paragraph 2 to the compe-tent authority under the requirements of national law at the date of
entry into force of this Directive, notification under paragraph 1 is not
required.
4. In the event of:
— any significant increase in the quantity or significant change in the
nature or physical form of the dangerous substance present, as indi-cated in the notification provided by the operator pursuant toparagraph 2, or any change in the processes employing it,►
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— modification of an establishment or an installation which could
have significant repercussions on major accident hazards, or
— permanent closure of the installation,
the operator shall immediately inform the competent authority of the
change in the situation.
Article 7
Major-accident prevention policy
1. Member States shall require the operator to draw up a document
setting out his major-accident prevention policy and to ensure that it is
properly implemented. The major-accident prevention policy estab-
lished by the operator shall be designed to guarantee a high level ofprotection for man and the environment by appropriate means, struc-tures and management systems.
1a. For establishments which subsequently fall within the scope of
this Directive, the document referred to in paragraph 1 shall be drawnup without delay, but at all events within three months after the date onwhich this Directive applies to the establishment concerned, as laiddown in the first subparagraph of Article 2(1).
2. The document must take account of the principles contained in
Annex III and be made available to the competent authorities for thepurposes of, amongst other things, implementation of Articles 5 (2)
and 18.
3. This Article shall not apply to the establishments referred to in
Article 9.1996L0082 — EN — 31.12.2003 — 002.001 — 7
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Article 8
Domino effect
1. Member States shall ensure that the competent authority, using
the information received from the operators in compliance with Arti-cles 6 and 9, identifies establishments or groups of establishments
where the likelihood and the possibility or consequences of a major
accident may be increased because of the location and the proximityof such establishments, and their inventories of dangerous substances.
2. Member States must ensure that in the case of the establishments
thus identified:
(a) suitable information is exchanged in an appropriate manner to
enable these establishments to take account of the nature and extentof the overall hazard of a major accident in their major accident
prevention policies, safety management systems, safety reports and
internal emergency plans;
(b) provision is made for cooperation in informing the public and in
supplying information to the authority responsible for the prepara-
tion of external emergency plans.
Article 9
Safety report
1. Member States shall require the operator to produce a safety
report for the purposes of:
(a) demonstrating that a major-accident prevention policy and a safety
management system for implementing it have been put into effect
in accordance with the information set out in Annex III;
(b) demonstrating that major-accident hazards have been identified and
that the necessary measures have been taken to prevent such acci-dents and to limit their consequences for man and the environment;
(c) demonstrating that adequate safety and reliability have been incor-
porated into the design, construction, operation and maintenance ofany installation, storage facility, equipment and infrastructureconnected with its operation which are linked to major-accidenthazards inside the establishment;
(b) demonstrating that internal emergency plans have been drawn up
and supplying information to enable the external plan to be drawnup in order to take the necessary measures in the event of a majoraccident;
(e) providing sufficient information to the competent authorities to
enable decisions to be made in terms of the siting of new activitiesor developments around existing establishments.
2. The safety report shall contain at least the data and information
listed in Annex II. It shall name the relevant organisations involved in
the drawing up of the report. It shall also contain an updated inventory
of the dangerous substances present in the establishment.
Safety reports, or parts of reports, or any other equivalent reports
produced in response to other legislation, may be combined to form asingle safety report for the purposes of this Article, where such aformat obviates the unnecessary duplication of information and the
repetition of work by the operator or competent authority, on condition
that all the requirements of this Article are complied with.
3. The safety report provided for in paragraph 1 shall be sent to the
competent authority within the following time limits:
— for new establishments, a reasonable period of time prior to the
start of construction or of operation,1996L0082 — EN — 31.12.2003 — 002.001 — 8
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— for existing establishments not previously covered by Directive 82/
501/EEC, three years from the date laid down in Article 24 (1),
— for other establishments, two years from the date laid down in
Article 24 (1),
— for establishments which subsequently fall within the scope of this
Directive, without delay, but at all events within one year after thedate on which this Directive applies to the establishment concerned,
as laid down in the first subparagraph of Article 2(1),
— in the case of the periodic reviews provided for in paragraph 5,
without delay.
4. Before the operator commences construction or operation, or in
the cases referred to in ►
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indents◄ of paragraph 3, the competent authority shall within a
reasonable period of receipt of the report:
— communicate the conclusions of its examination of the safety report
to the operator, if necessary after requesting further information, or
— prohibit the bringing into use, or the continued use, of the establish-
ment concerned, in accordance with the powers and procedures laiddown in Article 17.
5. The safety report shall be periodically reviewed and where neces-
sary updated:
— at least every five years,
— at any other time at the initiative of the operator or the request of
the competent authority, where justified by new facts or to take
account of new technical knowledge about safety matters, for
example arising from analysis of accidents or, as far as possible,‘near misses’, and of developments in knowledge concerning theassessment of hazards.
6. (a) Where it is demonstrated to the satisfaction of the competent
authority that particular substances present at the establishment,or any part thereof, are in a state incapable of creating a major-accident hazard, then the Member State may, in accordance withthe criteria referred to in subparagraph (b), limit the information
required in safety reports to those matters which are relevant to
the prevention of residual major-accident hazards and the limita-tion of their consequences for man and the environment.
(b) Before this Directive is brought into application, the Commis-
sion, acting in accordance with the procedure laid down inArticle 16 of Directive 82/501/EEC, shall establish harmonized
criteria for the decision by the competent authority that an estab-
lishment is in a state incapable of creating a major accidenthazard within the meaning of subparagraph (a). Subparagraph(a) shall not be applicable until those criteria have been estab-lished.
(c) Member States shall ensure that the competent authority
communicates a list of the establishments concerned to the
Commission, giving reasons. The Commission shall forward the
lists annually to the Committee referred to in Article 22.
(d) The Commission is invited to review by 31 December 2006 in
close cooperation with the Member States, the existing‘Guidance on the Preparation of a Safety Report’.
Article 10
Modification of an installation, an establishment or a storage
facility
In the event of the modification of an installation, establishment,
storage facility, or process or of the nature or quantity of dangerous1996L0082 — EN — 31.12.2003 — 002.001 — 9
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substances which could have significant repercussions on major-acci-
dent hazards, the Member States shall ensure that the operator:
— reviews and where necessary revises the major-accident prevention
policy, and the management systems and procedures referred to inArticles 7 and 9,
— reviews, and where necessary revises, the safety report and informs
the competent authority referred to in Article 16 of the details of
such revision in advance of such modification.
Article 11
Emergency plans
1. Member States shall ensure that, for all establishments to which
Article 9 applies:
(a) the operator draws up an internal emergency plan for the measures
to be taken inside the establishment,
— for new establishments, prior to commencing operation,
— for existing establishments not previously covered by Directive
82/501/EEC, three years from the date laid down in Article 24(1),
— for other establishments, two years from the date laid down in
Article 24 (1),
— for establishments which subsequently fall within the scope of
this Directive, without delay, but at all events within one yearafter the date on which this Directive applies to the establish-ment concerned, as laid down in the first subparagraph ofArticle 2(1);
(b) the operator supplies to the competent authorities, to enable the
latter to draw up external emergency plans, the necessary informa-tion within the following periods of time:
— for new establishments, prior to the start of operation,
— for existing establishments not previously covered by Directive
82/501/EEC, three years from the date laid down in Article 24(1),
— for other establishments, two years from the date laid down in
Article 24 (1),
— for establishments which subsequently fall within the scope of
this Directive, without delay, but at all events within one yearafter the date on which this Directive applies to the establish-ment concerned, as laid down in the first subparagraph ofArticle 2(1);
(c) the authorities designated for that purpose by the Member State
draw up an external emergency plan for the measures to be takenoutside the establishment.
2. The emergency plans must be established with the objectives of:
— containing and controlling incidents so as to minimize the effects,
and to limit damage to man, the environment and property,
— implementing the measures necessary to protect man and the envir-
onment from the effects of major accidents,
— communicating the necessary information to the public and to the
services or authorities concerned in the area,
— providing for the restoration and clean-up of the environment
following a major accident.
Emergency plans shall contain the information set out in Annex IV.
3. Without prejudice to the obligations of the competent authorities,
Member States shall ensure that the internal emergency plans provided1996L0082 — EN — 31.12.2003 — 002.001 — 10
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for in this Directive are drawn up in consultation with the personnel
working inside the establishment, including long-term relevant subcon-tracted personnel, and that the public is consulted on external
emergency plans when they are established or updated.
4. Member States shall ensure that internal and external emergency
plans are reviewed, tested, and where necessary revised and updated bythe operators and designated authorities at suitable intervals of no
longer than three years. The review shall take into account changes
occurring in the establishments concerned or within the emergencyservices concerned, new technical knowledge, and knowledgeconcerning the response to major accidents.
4a. With regard to external emergency plans, Member States should
take into account the need to facilitate enhanced cooperation in civil
protection assistance in major emergencies.
5. Member States shall ensure that emergency plans are put into
effect without delay by the operator and, if necessary by the competent
authority designated for this purpose:
— when a major accident occurs, or
— when an uncontrolled event occurs which by its nature could
reasonably be expected to lead to a major accident.
6. The competent authority may decide, giving reasons for its deci-
sion, in view of the information contained in the safety report, that the
requirement to produce an external emergency plan under paragraph 1
shall not apply.
Article 12
Land-use planning
1. Member States shall ensure that the objectives of preventing
major accidents and limiting the consequences of such accidents aretaken into account in their land-use policies and/or other relevant poli-cies. They shall pursue those objectives through controls on:
(a) the siting of new establishments,
(b) modifications to existing establishments covered by Article 10,
(c) new developments such as transport links, locations frequented by
the public and residential areas in the vicinity of existing establish-ments, where the siting or developments are such as to increase therisk or consequences of a major accident.
Member States shall ensure that their land-use and/or other relevant
policies and the procedures for implementing those policies take
account of the need, in the long term, to maintain appropriate distancesbetween establishments covered by this Directive and residential areas,buildings and areas of public use, major transport routes as far aspossible, recreational areas and areas of particular natural sensitivityor interest and, in the case of existing establishments, of the need for
additional technical measures in accordance with Article 5 so as not
to increase the risks to people.
1a. The Commission is invited by 31 December 2006, in close coop-
eration with the Member States, to draw up guidelines defining atechnical database including risk data and risk scenarios, to be usedfor assessing the compatibility between the establishments covered by
this Directive and the areas described in paragraph 1. The definition of
this database shall as far as possible take account of the evaluationsmade by the competent authorities, the information obtained fromoperators and all other relevant information such as the socioeconomicbenefits of development and the mitigating effects of emergency plans.1996L0082 — EN — 31.12.2003 — 002.001 — 11
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2. Member States shall ensure that all competent authorities and
planning authorities responsible for decisions in this area set up appro-priate consultation procedures to facilitate implementation of the
policies established under paragraph 1. The procedures shall be
designed to ensure that technical advice on the risks arising from theestablishment is available, either on a case-by-case or on a genericbasis, when decisions are taken.
Article 13
Information on safety measures
1. Member States shall ensure that information on safety measures
and on the requisite behaviour in the event of an accident is suppliedregularly and in the most appropriate form, without their having to
request it, to all persons and all establishments serving the public
(such as schools and hospitals) liable to be affected by a major accidentoriginating in an establishment covered by Article 9.
The information shall be reviewed every three years and, where neces-
sary, repeated and updated, at least if there is any modification withinthe meaning of Article 10. It shall also be made permanently available
to the public. The maximum period between the repetition of the infor-
mation to the public shall, in any case, be no longer than five years.
Such information shall contain, at least, the information listed in Annex
V.
2. Member States shall, with respect to the possibility of a major
accident with transboundary effects originating in an establishmentunder Article 9, provide sufficient information to the potentiallyaffected Member States so that all relevant provisions contained in
Articles 11, 12 and this Article can be applied, where applicable, by
the affected Member State.
3. Where the Member State concerned has decided that an establish-
ment close to the territory of another Member State is incapable ofcreating a major-accident hazard beyond its boundary for the purposes
of Article 11 (6) and is not therefore required to produce an external
emergency plan under Article 11 (1), it shall so inform the otherMember State.
4. Member States shall ensure that the safety report is made avail-
able to the public. The operator may ask the competent authority not
to disclose to the public certain parts of the report, for reasons of indus-trial, commercial or personal confidentiality, public security or nationaldefence. In such cases, on the approval of the competent authority, theoperator shall supply to the authority, and make available to the public,
an amended report excluding those matters.
5. Member States shall ensure that the public is able to give its
opinion in the following cases:
— planning for new establishments covered by Article 9,
— modifications to existing establishments under Article 10, where
such modifications are subject to obligations provided for in this
Directive as to planning,
— developments around such existing establishments.
6. In the case of establishments subject to the provisions of Article
9, Member States shall ensure that the inventory of dangeroussubstances provided for in Article 9(2) is made available to the publicsubject to the provisions of paragraph 4 of this Article and Article 20.1996L0082 — EN — 31.12.2003 — 002.001 — 12
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Article 14
Information to be supplied by the operator following a major acci-
dent
1. Member States shall ensure that, as soon as practicable following
a major accident, the operator shall be required, using the most appro-priate means:
(a) to inform the competent authorities;
(b) to provide them with the following information as soon as it
becomes available:
— the circumstances of the accident,
— the dangerous substances involved,— the data available for assessing the effects of the accident on
man and the environment, and
— the emergency measures taken;
(c) to inform them of the steps envisaged:
— to alleviate the medium- and long-term effects of the accident,
— to prevent any recurrence of such an accident;
(d) to update the information provided if further investigation reveals
additional facts which alter that information or the conclusions
drawn.
2. Member States shall require the competent authority:
(a) to ensure that any urgent, medium- and long-term measures which
may prove necessary are taken;
(b) to collect, by inspection, investigation or other appropriate means,
the information necessary for a full analysis of the technical, orga-nizational and managerial aspects of the major accident;
(c) to take appropriate action to ensure that the operator takes any
necessary remedial measures; and
(d) to make recommendations on future preventive measures.
Article 15
Information to be supplied by the Member States to the Commis-
sion
1. For the purpose of prevention and mitigation of major accidents,
Member States shall inform the Commission as soon as practicable ofmajor accidents meeting the criteria of Annex VI which have occurredwithin their territory. They shall provide it with the following details:
(a) the Member State, the name and address of the authority respon-
sible for the report;
(b) the date, time and place of the major accident, including the full
name of the operator and the address of the establishment involved;
(c) a brief description of the circumstances of the accident, including
the dangerous substances involved, and the immediate effects onman and the environment;
(d) a brief description of the emergency measures taken and of the
immediate precautions necessary to prevent recurrence.
2. Member States shall, as soon as the information provided for in
Article 14 is collected, inform the Commission of the result of theiranalysis and recommendations using a report form established andkept under review through the procedure referred to in Article 22.
Reporting of this information by Member States may be delayed only
to allow for the completion of legal proceedings where such reporting
is liable to affect those proceedings.
3. Member States shall inform the Commission of the name and
address of any body which might have relevant information on majoraccidents and which is able to advise the competent authorities of other1996L0082 — EN — 31.12.2003 — 002.001 — 13
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Member States which have to intervene in the event of such an acci-
dent.
Article 16
Competent authority
Without prejudice to the operator's responsibilities, Member States
shall set up or appoint the competent authority or authorities respon-
sible for carrying out the duties laid down in this Directive and, ifnecessary, bodies to assist the competent authority or authorities attechnical level.
Article 17
Prohibition of use
1. Member States shall prohibit the use or bringing into use of any
establishment, installation or storage facility, or any part thereof wherethe measures taken by the operator for the prevention and mitigation of
major accidents are seriously deficient.
Member States may prohibit the use or bringing into use of any estab-
lishment, installation or storage facility, or any part thereof if theoperator has not submitted the notification, reports or other information
required by this Directive within the specified period.
2. Member States shall ensure that operators may appeal against a
prohibition order by a competent authority under paragraph 1 to anappropriate body determined by national law and procedures.
Article 18
Inspections
1. Member States shall ensure that the competent authorities orga-
nize a system of inspections, or other measures of control appropriate
to the type of establishment concerned. Those inspections or controlmeasures shall not be dependent upon receipt of the safety report orany other report submitted. Such inspections or other control measuresshall be sufficient for a planned and systematic examination of thesystems being employed at the establishment, whether of a technical,
organizational or managerial nature, so as to ensure in particular:
— that the operator can demonstrate that he has taken appropriate
measures, in connection with the various activities involved in the
establishment, to prevent major accidents,
— that the operator can demonstrate that he has provided appropriate
means for limiting the consequences of major accidents, on site andoff site,
— that the data and information contained in the safety report, or any
other report submitted, adequately reflects the conditions in theestablishment,
— that information has been supplied to the public pursuant to Article
13 (1).
2. The system of inspection specified in paragraph 1 shall comply
with the following conditions:
(a) there shall be a programme of inspections for all establishments.
Unless the competent authority has established a programme of
inspections based upon a systematic appraisal of major-accident
hazards of the particular establishment concerned, the programmeshall entail at least one on-site inspection made by the competentauthority every twelve months of each establishment covered byArticle 9;
(b) following each inspection, a report shall be prepared by the compe-
tent authority;
(c) where necessary, every inspection carried out by the competent
authority shall be followed up with the management of the estab-lishment, within a reasonable period following the inspection.1996L0082 — EN — 31.12.2003 — 002.001 — 14
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3. The competent authority may require the operator to provide any
additional information necessary to allow the authority fully to assessthe possibility of a major accident and to determine the scope of
possible increased probability and/or aggravation of major accidents,
to permit the preparation of an external emergency plan, and to takesubstances into account which, due to their physical form, particularconditions or location, may require additional consideration.
Article 19
Information system and exchanges
1. Member States and the Commission shall exchange information
on the experience acquired with regard to the prevention of major acci-
dents and the limitation of their consequences. This information shall
concern, in particular, the functioning of the measures provided for inthis Directive.
1a. For establishments covered by this Directive, Member States
shall supply the Commission with at least the following information:
(a) the name or trade name of the operator and the full address of the
establishment concerned; and
(b) the activity or activities of the establishment.
The Commission shall set up and keep up to date a database containing
the information supplied by the Member States. Access to the databaseshall be reserved to persons authorised by the Commission or thecompetent authorities of the Member States.
2. The Commission shall set up and keep at the disposal of Member
States a register and information system containing, in particular,details of the major accidents which have occurred within the territoryof Member States, for the purpose of:
(a) the rapid dissemination of the information supplied by Member
States pursuant to Article 15 (1) among all competent authorities;
(b) distribution to competent authorities of an analysis of the causes of
major accidents and the lessons learned from them;
(c) supply of information to competent authorities on preventive
measures;
(d) provision of information on organizations able to provide advice or
relevant information on the occurrence, prevention and mitigationof major accidents.
The register and information system shall contain, at least:
(a) the information supplied by Member States in compliance with
Article 15 (1);
(b) an analyisis of the causes of the accidents;
(c) the lessons learned from the accidents;
(d) the preventive measures necessary to prevent a recurrence.
3. Without prejudice to Article 20, access to the register and infor-
mation system shall be open to government departments of the MemberStates, industry or trade associations, trade unions, non-governmentalorganizations in the field of the protection of the environment and
other international or research organizations working in the field.
4. Member States shall provide the Commission with a three-yearly
report in accordance with the procedure laid down in Council Directive91/692/EEC of 23 December 1991 standardizing and rationalizingreports on the implementation of certain Directives relating to theenvironment (
1) for establishments covered by Articles 6 and 9. The1996L0082 — EN — 31.12.2003 — 002.001 — 15
(1) OJ No L 377, 31. 12. 1991, p. 48.▼M2
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Commission shall publish a summary of this information every three
years.
Article 20
Confidentiality
1. Member States shall ensure, in the interests of transparency, that
the competent authorities are required to make information received
pursuant to this Directive available to any natural or legal person whoso requests.
Information obtained by the competent authorities or the Commission
may, where national provisions so require, be kept confidential if itcalls into question:
— the confidentiality of the deliberations of the competent authorities
and the Commission,
— the confidentiality of international relations and national defence,— public security,— the confidentiality of preliminary investigation proceedings or of
current legal proceedings,
— commercial and industrial secrets, including intellectual property,— personal data and/or files,— data supplied by a third party if that party asks for them to be kept
confidential.
2. This Directive shall not preclude the conclusion by a Member
State of agreements with third countries on the exchange of informa-tion to which it is privy at internal level.
Article 21
Terms of reference of the Committee
The measures required to adapt the criteria referred to in Article 9 (6)
(b) and Annexes II to VI to technical progress and to draw up the
report form referred to in Article 15 (2) shall be adopted in accordancewith the procedure laid down in Article 22.
Article 22
Committee
1. The Commission shall be assisted by a committee.2. Where reference is made to this Article, Articles 5 and 7 of Deci-
sion 1999/468/EC (
1) shall apply, having regard to the provisions of
Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be
set at three months.
3. The Committee shall adopt its rules of procedure.
Article 23
Repeal of Directive 82/501/EEC
1. Directive 82/501/EEC shall be repealed 24 months after the entry
into force of this Directive.
2. Notifications, emergency plans and information for the public
presented or drawn up pursuant to Directive 82/501/EEC shall remainin force until such time as they are replaced under the correspondingprovisions of this Directive.1996L0082 — EN — 31.12.2003 — 002.001 — 16
(1) Council Decision 1999/468/EC of 28 June 1999 laying down the procedures
for the exercise of implementing powers conferred on the Commission (OJ
L 184, 17.7.1999, p. 23).▼M1
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Article 24
Implementation
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive not
later than 24 months after its entry into force. They shall forthwith
inform the Commission thereof.
When Member States adopt these measures, they shall contain a refer-
ence to this Directive or shall be accompanied by such reference on theoccasion of their official publication. The methods of making suchreference shall be laid down by Member States.
2. Member States shall communicate to the Commission the main
provisions of domestic law which they adopt in the field governed by
this Directive.
Article 25
Entry into force
This Directive shall enter into force on the 20th day following that of
its publication in the Official Journal of the European Communities .
Article 26
This Directive is addressed to the Member States.1996L0082 — EN — 31.12.2003 — 002.001 — 17
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List of Annexes
Annex I — Application of the Directive .......................................
Annex II — Minimum data and information to be considered in the safety report speci-
fied in Article 9 .................................................
Annex III — Principles referred to in Article 7 and information referred to in Article 9 on
the management system and the organization of the establishment with a
view to the prevention of major accidents ............................
Annex IV — Data and information to be included in the emergency plans specified under
Article 11 . . . ...................................................
Annex V — Items of information to be communicated to the public as provided for in
Article 13 (1) ...................................................
Annex VI — Criteria for the notification of an accident to the Commission as provided for
in Article 15 (1) .................................................1996L0082 — EN — 31.12.2003 — 002.001 — 18
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ANNEX I
APPLICATION OF THE DIRECTIVE
INTRODUCTION
1. This Annex applies to the presence of dangerous substances at any establish-
ment within the meaning of Article 3 of this Directive and determines the
application of the relevant Articles thereof.
2. Mixtures and preparations shall be treated in the same way as pure
substances provided they remain within concentration limits set according to
their properties under the relevant Directives given in Part 2, Note 1, or their
latest adaptation to technical progress, unless a percentage composition or
other description is specifically given.
3. The qualifying quantities set out below relate to each establishment.
4. The quantities to be considered for the application of the relevant Articles are
the maximum quantities which are present or are likely to be present at any
one time. Dangerous substances present at an establishment only in quantities
equal to or less than 2 % of the relevant qualifying quantity shall be ignored
for the purposes of calculating the total quantity present if their location
within an establishment is such that it cannot act as an initiator of a major
accident elsewhere on the site.
5. The rules given in Part 2, Note 4 governing the addition of dangerous
substances, or categories of dangerous substances, shall apply where appro-
priate.
6. For the purposes of this Directive, a gas is any substance that has an absolute
vapour pressure equal to or greater than 101,3 kPa at a temperature of 20 º C.
7. For the purposes of this Directive, a liquid is any substance that is not
defined as a gas and that is not in the solid state at a temperature of 20 º C
and at a standard pressure of 101,3 kPa.
PART 1
Named substances
Where a substance or group of substances listed in Part 1 also falls within a
category of Part 2, the qualifying quantities set out in Part 1 must be used.
Column 1 Column 2 Column 3
Dangerous substancesQualifying quantity (tonnes) for the appli-
cation of
Articles 6 and 7 Article 9
Ammonium nitrate (see note 1) 5 000 10 000
Ammonium nitrate (see note 2) 1 250 5 000
Ammonium nitrate (see note 3) 350 2 500
Ammonium nitrate (see note 4) 10 50
Potassium nitrate (see note 5) 5 000 10 000
Potassium nitrate (see note 6) 1 250 5 000
Bromine 20 100
Chlorine 10 25
Nickel compounds in inhalable powder form (nickel
monoxide, nickel dioxide, nickel sulphide, trinickel
disulphide, dinickel trioxide) 1
Ethyleneimine 10 20
Fluorine 10 20
Formaldehyde (concentration ≥90 %) 5 501996L0082 — EN — 31.12.2003 — 002.001 — 19
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Column 1 Column 2 Column 3
Dangerous substancesQualifying quantity (tonnes) for the appli-
cation of
Articles 6 and 7 Article 9
Hydrogen 5 50
Hydrogen chloride (liquefied gas) 25 250
Lead alkyls 5 50Liquefied extremely flammable gases (including
LPG) and natural gas 50 200
Acetylene 5 50Ethylene oxide 5 50Propylene oxide 5 50
Methanol 500 5 000
4, 4-Methylenebis (2-chloraniline) and/or salts, in
powder form 0,01
Methylisocyanate 0,15
Oxygen 200 2 000Toluene diisocyanate 10 100Carbonyl dichloride (phosgene) 0,3 0,75
Arsenic trihydride (arsine) 0,2 1
Phosphorus trihydride (phosphine) 0,2 1Sulphur dichloride 1 1
Sulphur trioxide 15 75
Polychlorodibenzofurans and polychlorodibenzo-
dioxins (including TCDD), calculated in TCDD
equivalent 0,001
The following CARCINOGENS at concentrations
above 5 % by weight:
4-Aminobiphenyl and/or its salts, Benzo-
trichloride, Benzidine and/or salts, Bis (chloro-
methyl) ether, Chloromethyl methyl ether, 1,2-
Dibromoethane, Diethyl sulphate, Dimethyl
sulphate, Dimethylcarbamoyl chloride, 1,2-
Dibromo-3-chloropropane, 1,2-Dimethylhydrazine,
Dimethylnitrosamine, Hexamethylphosphoric tria-
mide, Hydrazine, 2- Naphthylamine and/or salts,
4-Nitrodiphenyl, and 1,3 Propanesultone 0,5 2
Petroleum products:
(a) gasolines and naphthas,
(b) kerosenes (including jet fuels),
(c) gas oils (including diesel fuels, home heating oils
and gas oil blending streams) 2 500 25 0001996L0082 — EN — 31.12.2003 — 002.001 — 20
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NOTES
1.Ammonium nitrate (5 000/10 000): fertilisers capable of self-sustaining
decomposition
This applies to ammonium nitrate-based compound/composite fertilisers
(compound/composite fertilisers containing ammonium nitrate with phos-
phate and/or potash) in which the nitrogen content as a result of
ammonium nitrate is
— between 15,75 % (1) and 24,5 % (2) by weight, and either with not
more than 0,4 % total combustible/organic materials or which fulfil
the requirements of Annex II of Directive 80/876/EEC,
— 15,75 % (3) by weight or less and unrestricted combustible materials,
and which are capable of self-sustaining decomposition according to the
UN Trough Test (see United Nations Recommendations on the Transportof Dangerous Goods: Manual of Tests and Criteria, Part III, subsection
38.2).
2.Ammonium nitrate (1 250/5 000): fertiliser grade
This applies to straight ammonium nitrate-based fertilisers and to ammo-
nium nitrate-based compound/composite fertilisers in which the nitrogen
content as a result of ammonium nitrate is
— more than 24,5 % by weight, except for mixtures of ammonium nitrate
with dolomite, limestone and/or calcium carbonate with a purity of at
least 90 %,
— more than 15,75 % by weight for mixtures of ammonium nitrate and
ammonium sulphate,
— more than 28 % (
4) by weight for mixtures of ammonium nitrate with
dolomite, limestone and/or calcium carbonate with a purity of at least
90 %,
and which fulfil the requirements of Annex II of Directive 80/876/EEC.
3.Ammonium nitrate (350/2500): technical grade
This applies to:
— ammonium nitrate and preparations of ammonium nitrate in which the
nitrogen content as a result of the ammonium nitrate is
— between 24,5 % and 28 % by weight, and which contain not more
than 0,4 % combustible substances,
— more than 28 % by weight, and which contain not more than 0,2 %
combustible substances,
— aqueous ammonium nitrate solutions in which the concentration of
ammonium nitrate is more than 80 % by weight.
4.Ammonium nitrate (10/50): ‘off-specs’ material and fertilisers not
fulfilling the detonation test
This applies to:
— material rejected during the manufacturing process and to ammonium
nitrate and preparations of ammonium nitrate, straight ammonium
nitrate-based fertilisers and ammonium nitrate-based compound/
composite fertilisers referred to in notes 2 and 3, that are being or
have been returned from the final user to a manufacturer, temporary
storage or reprocessing plant for reworking, recycling or treatment
for safe use, because they no longer comply with the specifications
of Notes 2 and 3;
— fertilisers referred to in note 1, first indent, and Note 2 which do not
fulfil the requirements of Annex II of Directive 80/876/EEC.1996L0082 — EN — 31.12.2003 — 002.001 — 21
(1) 15,75 % nitrogen content by weight as a result of ammonium nitrate corresponds to
45 % ammonium nitrate.
(2) 24,5 % nitrogen content by weight as a result of ammonium nitrate corresponds to 70 %
ammonium nitrate.
(3) 15,75 % nitrogen content by weight as a result of ammonium nitrate corresponds to
45 % ammonium nitrate.
(4) 28 % nitrogen content by weight as a result of ammonium nitrate corresponds to 80 %
ammonium nitrate.▼M2
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5.Potassium nitrate (5 000/10 000): composite potassium-nitrate based ferti-
lisers composed of potassium nitrate in prilled/granular form
6.Potassium nitrate (1 250/5 000): composite potassium-nitrate based fertili-
sers composed of potassium nitrate in crystalline form
►M2 7.◄ Polychlorodibenzofurans and polychlorodibenzodioxins
The quantities of polychlorodibenzofurans and polychlorodibenzodioxins
are calculated using the following factors:
International Toxic Equivalent Factors (ITEF) for the congeners of concern (NATO/CCMS)
2,3,7,8-TCDD 1 2,3,7,8-TCDF 0,1
1,2,3,7,8-PeDD 0,5 2,3,4,7,8-PeCDF 0,5
1,2,3,7,8-PeCDF 0,05
1,2,3,4,7,8-HxCDD
0,19
>>=
>>;1,2,3,4,7,8-HxCDF
0,19
>>>>>=
>>>>>;1,2,3,6,7,8-HxCDD 1,2,3,7,8,9-HxCDF
1,2,3,7,8,9-HxCDD 1,2,3,6,7,8-HxCDF
1,2,3,4,6,7,8-HpCDD 0,012,3,4,6,7,8-HxCDF
OCDD 0,001 1,2,3,4,6,7,8-HpCDF0,019
=
; 1,2,3,4,7,8,9-HpCDF
OCDF 0,001
(T = tetra, P = penta, Hx = hexa, HP = hepta, O = octa)
PART 2
Categories of substances and preparations not specifically named in Part 1
Column 1 Column 2 Column 3
Categories of dangerous substancesQualifying quantity (tonnes) of dangerous
substances as delivered in Article 3 (4), for
the application of
Articles 6 and 7 Article 9
1. VERY TOXIC 5 20
2. TOXIC 50 200
3. OXIDIZING 50 200
4. EXPLOSIVE (see note 2)
where the substance, preparation or article falls
under UN/ADR Division 1.4 50 200
5. EXPLOSIVE (see note 2)
where the substance, preparation or article falls
under any of: UN/ADR Divisions 1.1, 1.2, 1.3,
1.5 or 1.6 or risk phrase R2 or R3 10 50
6. FLAMMABLE (where the substance or
preparation falls within the definition given in
Note 3 (a)) 5 000 50 000
7 a. HIGHLY FLAMMABLE (where the substance
or preparation falls within the definition given
in Note 3 (b) (1)) 50 2001996L0082 — EN — 31.12.2003 — 002.001 — 22
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Column 1 Column 2 Column 3
Categories of dangerous substancesQualifying quantity (tonnes) of dangerous
substances as delivered in Article 3 (4), for
the application of
Articles 6 and 7 Article 9
7 b. HIGHLY FLAMMABLE liquids (where the
substance or preparation falls within the defini-
tion given in Note 3 (b) (2)) 5 000 50 000
8. EXTREMELY FLAMMABLE (where the
substance or preparation falls within the defini-
tion given in Note 3 (c)) 10 50
9. DANGEROUS FOR THE ENVIRONMENT
risk phrases:
i) R50: ‘Very toxic to aquatic organisms’
(including R50/53) 100 200
ii) R51/53: ‘Toxic to aquatic organisms; may
cause long term adverse effects in the aquatic
environment’ 200 500
10. ANY CLASSIFICATION not covered by those
given above in combination with risk phrases:
(i) R14: ‘Reacts violenty with water’ (including
R14/15) 100 500
(ii) R29: ‘in contact with water, liberates toxic
gas’ 50 200
NOTES
1. Substances and preparations are classified according to the following
Directives and their current adaptation to technical progress:
Council Directive 67/548/EEC of 27 June 1967 on the approximation of
the laws, regulations and administrative provisions relating to the classifi-
cation, packaging and labelling of dangerous substances (1),
Directive 1999/45/EC of the European Parliament and of the Council of
31 May 1999 concerning the approximation of laws, regulations and
administrative provisions of the Member States relating to the classifica-
tion, packaging and labelling of dangerous preparations (2).
In the case of substances and preparations which are not classified as
dangerous according to either of the above directives, for example waste,
but which nevertheless are present, or are likely to be present, in an estab-
lishment and which possess or are likely to possess, under the conditions
found at the establishment, equivalent properties in terms of major-acci-
dent potential, the procedures for provisional classification shall be
followed in accordance with the relevant article of the appropriate Direc-
tive.
In the case of substances and preparations with properties giving rise to
more than one classification, for the purposes of this Directive the lowest
qualifying quantities shall apply. However, for the application of the rule
in Note 4, the qualifying quantity used shall always be the one corre-
sponding to the classification concerned.
For the purposes of this Directive, the Commission shall establish and
keep up to date a list of substances which have been classified into the
above categories by a harmonised Decision in accordance with Directive
67/548/EEC.1996L0082 — EN — 31.12.2003 — 002.001 — 23
(1) OJ 196, 16.8.1967, p. l. Directive as last amended by Regulation (EC) No 807/2003
(OJ L 122, 16.5.2003, p. 36).
(2) OJ L 200, 30.7.1999, p. 1. Directive as amended by Commission Directive 2001/60/EC
(OJ L 226, 22.8.2001, p. 5).▼M2
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2. An ‘explosive’ means:
— a substance or preparation which creates the risk of an explosion by
shock, friction, fire or other sources of ignition (risk phrase R2),
— a substance or preparation which creates extreme risks of explosion by
shock, friction, fire or other sources of ignition (risk phrase R3), or
— a substance, preparation or article covered by Class 1 of the European
Agreement concerning the International Carriage of Dangerous Goods
by Road (UN/ADR), concluded on 30 September 1957, as amended,
as transposed by Council Directive 94/55/EC of 21 November 1994
on the approximation of the laws of the Member States with regard
to the transport of dangerous goods by road (1).
Included in this definition are pyrotechnics, which for the purposes of this
Directive are defined as substances (or mixtures of substances) designated
to produce heat, light, sound, gas or smoke or a combination of such
effects through self-sustained exothermic chemical reactions. Where asubstance or preparation is classified by both UN/ADR and risk phase
R2 or R3, the UN/ADR classification shall take precedence over assign-
ment of risk phrases.
Substances and articles of Class 1 are classified in any of the divisions 1.1
to 1.6 in accordance with the UN/ADR classification scheme. The divi-
sions concerned are:
Division 1.1: ‘Substances and articles which have a mass explosion
hazard (a mass explosion is an explosion which affects almost the entire
load virtually instantaneously).’
Division 1.2: ‘Substances and articles which have a projection hazard but
not a mass explosion hazard.’
Division 1.3: ‘Substances and articles which have a fire hazard and either
a minor blast hazard or a minor projection hazard or both, but not a massexplosion hazard:
(a) combustion of which gives rise to considerable radiant heat; or
(b) which burn one after another, producing minor blast or projection
effects or both.’
Division 1.4: ‘Substances and articles which present only a slight risk in
the event of ignition or initiation during carriage. The effects are largely
confined to the package and no projection of fragments of appreciable size
or range is to be expected. An external fire shall not cause virtually
instantaneous explosion of virtually the entire contents of the package.’
Division 1.5: ‘Very insensitive substances having a mass explosion
hazard which are so insensitive that there is very little probability of
initiation or of transition from burning to detonation under normal condi-
tions of carriage. As a minimum requirement they shall not explode in the
external fire test.’
Division 1.6: ‘Extremely insensitive articles which do not have a mass
explosion hazard. The articles contain only extremely insensitive deto-
nating substances and demonstrate a negligible probability of accidental
initiation or propagation. The risk is limited to the explosion of a single
article.’
Included in this definition are also explosive or pyrotechnic substances or
preparations contained in articles. In the case of articles containing explo-
sive or pyrotechnic substances or preparations, if the quantity of the
substance or preparation contained is known, that quantity shall be consid-
ered for the purposes of this Directive. If the quantity is not known, then,
for the purposes of this Directive, the whole article shall be treated as
explosive.
3. ‘Flammable’, ‘highly flammable’, and ‘extremely flammable’ in cate-
gories 6, 7 and 8 mean:
(a) flammable liquids:
substances and preparations having a flash point equal to or greater
than 21 ºC and less than or equal to 55 ºC (risk phrase R 10),
supporting combustion;1996L0082 — EN — 31.12.2003 — 002.001 — 24
(1) OJ L 319, 12.12.1994, p. 7. Directive as last amended by Commission Directive 2003/
28/EC (OJ L 90, 8.4.2003, p. 45).▼B
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(b) highly flammable liquids:
1. — substances and preparations which may become hot and finally
catch fire in contact with air at ambient temperature without
any input of energy (risk phrase R 17),
— substances and preparations which have a flash point lower
than 55 º C and which remain liquid under pressure, where
particular processing conditions, such as high pressure or high
temperature, may create major-accident hazards;
2. substances and preparations having a flash point lower than 21 ºC
and which are not extremely flammable (risk phrase R 11, second
indent);
(c) extremely flammable gases and liquids:
1. liquid substances and preparations which have a flash point lower
than 0 ºC and the boiling point (or, in the case of a boiling range,
the initial boiling point) of which at normal pressure is less than or
equal to 35 ºC (risk phrase R 12, first indent), and
2. gases which are flammable in contact with air at ambient tempera-
ture and pressure (risk phrase R12, second indent), which are in a
gaseous or supercritical state, and
3. flammable and highly flammable liquid substances and prepara-
tions maintained at a temperature above their boiling point.
4. In the case of an establishment where no individual substance or prepara-
tion is present in a quantity above or equal to the relevant qualifying
quantities, the following rule shall be applied to determine whether the
establishment is covered by the relevant requirements of this Directive.
This Directive shall apply if the sum
q1/QU1+q2/QU2+q3/QU3+q4/QU4+q5/QU5+… is greater than or equal to
1,
where qx= the quantity of dangerous substance x (or category of
dangerous substances) falling within Parts 1 or 2 of this Annex,
and QUX= the relevant qualifying quantity for substance or category x
from column 3 of Parts 1 or 2.
This Directive shall apply, with the exception of Articles 9, 11 and 13, if
the sum
q1/QL1+q2/QL2+q3/QL3+q4/QL4+q5/QL5+… is greater than or equal to 1,
where qx= the quantity of dangerous substance x (or category of
dangerous substances) falling within Parts 1 or 2 of this Annex,
and QLX= the relevant qualifying quantity for substance or category x
from column 2 of Parts 1 or 2.
This rule shall be used to assess the overall hazards associated with toxi-
city, flammability, and eco-toxicity. It must therefore be applied three
times:
(a) for the addition of substances and preparations named in Part 1 and
classified as toxic or very toxic, together with substances and prepara-
tions falling into categories 1 or 2;
(b) for the addition of substances and preparations named in Part 1 and
classified as oxidising, explosive, flammable, highly flammable, or
extremely flammable, together with substances and preparations
falling into categories 3, 4, 5, 6, 7a, 7b or 8;
(c) for the addition of substances and preparations named in Part 1 and
classified as dangerous for the environment (R50 (including R50/53)
or R51/53), together with substances and preparations falling into
categories 9(i) or 9(ii);
The relevant provisions of this Directive apply if any of the sums obtained
by (a), (b) or (c) is greater than or equal to 1.1996L0082 — EN — 31.12.2003 — 002.001 — 25
▼M2
▼B
▼M2
▼B
ANNEX II
MINIMUM DATA AND INFORMATION TO BE CONSIDERED IN THE
SAFETY REPORT SPECIFIED IN ARTICLE 9
I.Information on the management system and on the organization of the
establishment with a view to major accident prevention
This information shall contain the elements given in Annex III.
II.Presentation of the environment of the establishment
A. description of the site and its environment including the geographical
location, meterological, geological, hydrographic conditions and, if
necessary, its history;
B. identification of installations and other activities of the establishment
which could present a major-accident hazard;
C. description of areas where a major accident may occur.
III.Description of the installation
A. description of the main activities and products of the parts of the estab-
lishment which are important from the point of view of safety, sources
of major-accident risks and conditions under which such a major acci-
dent could happen, together with a description of proposed preventive
measures;
B. description of processes, in particular the operating methods;
C. description of dangerous substances:
1. inventory of dangerous substances including:
— the identification of dangerous substances: chemical name, CAS
number, name according to IUPAC nomenclature,
— the maximum quantity of dangerous substances present or likely
to be present;
2. physical, chemical, toxicological characteristics and indication of the
hazards, both immediate and delayed for man and the environment;
3. physical and chemical behaviour under normal conditions of use or
under foreseeable accidental conditions.
IV.Identification and accidental risks analysis and prevention methods
A. detailed description of the possible major-accident scenarios and their
probability or the conditions under which they occur including a
summary of the events which may play a role in triggering each of these
scenarios, the causes being internal or external to the installation;
B. assessment of the extent and severity of the consequences of identified
major accidents including maps, images or, as appropriate, equivalent
descriptions, showing areas which are liable to be affected by such acci-
dents arising from the establishment, subject to the provisions of
Articles 13(4) and 20;
C. description of technical parameters and equipment used for the safety of
installations.
V.Measures of protection and intervention to limit the consequences of an
accident
A. description of the equipment installed in the plant to limit the conse-
quences of major accidents;
B. organization of alert and intervention;
C. description of mobilizable resources, internal or external;
D. summary of elements described in A, B, and C above necessary for
drawing up the internal emergency plan prepared in compliance with
Article 11.1996L0082 — EN — 31.12.2003 — 002.001 — 26
▼M2
▼B
▼B
ANNEX III
PRINCIPLES REFERRED TO IN ARTICLE 7 AND INFORMATION
REFERRED TO IN ARTICLE 9 ON THE MANAGEMENT SYSTEM
AND THE ORGANIZATION OF THE ESTABLISHMENT WITH A
VIEW TO THE PREVENTION OF MAJOR ACCIDENTS
For the purpose of implementing the operator's major-accident prevention policy
and safety management system account shall be taken of the following elements.
The requirements laid down in the document referred to in Article 7 should beproportionate to the major-accident hazards presented by the establishment:
(a) the major accident prevention policy should be established in writing and
should include the operator's overall aims and principles of action with
respect to the control of major-accident hazards;
(b) the safety management system should include the part of the general
management system which includes the organizational structure, responsibil-
ities, practices, procedures, processes and resources for determining and
implementing the major-accident prevention policy;
(c) the following issues shall be addressed by the safety management system:
(i) organisation and personnel — the roles and responsibilities of
personnel involved in the management of major hazards at all levels
in the organisation. The identification of training needs of such
personnel and the provision of the training so identified. The involve-
ment of employees and of subcontracted personnel working in the
establishment;
(ii) identification and evaluation of major hazards — adoption and imple-
mentation of procedures for systematically identifying major hazards
arising from normal and abnormal operation and the assessment of
their likelihood and severity;
(iii) operational control — adoption and implementation of procedures and
instructions for safe operation, including maintenance, of plant,
processes, equipment and temporary stoppages;
(iv) management of change — adoption and implementation of procedures
for planning modifications to, or the design of new installations,
processes or storage facilities;
(v) planning for emergencies — adoption and implementation of proce-
dures to identify foreseeable emergencies by systematic analysis, to
prepare, test and review emergency plans to respond to such emergen-
cies and to provide specific training for the staff concerned. Such
training shall be given to all personnel working in the establishment,
including relevant subcontracted personnel;
(vi) monitoring performance — adoption and implementation of proce-
dures for the ongoing assessment of compliance with the objectives
set by the operator's major-accident prevention policy and safety
management system, and the mechanisms for investigation and taking
corrective action in case of non-compliance. The procedures should
cover the operator's system for reporting major accidents of near
misses, particularly those involving failure of protective measures,
and their investigation and follow-up on the basis of lessons learnt;
(vii) audit and review — adoption and implementation of procedures for
periodic systematic assessment of the major-accident prevention policy
and the effectiveness and suitability of the safety management system;
the documented review of performance of the policy and safety
management system and its updating by senior management.1996L0082 — EN — 31.12.2003 — 002.001 — 27
▼M2
▼B
▼M2
▼B
▼B
ANNEX IV
DATA AND INFORMATION TO BE INCLUDED IN THE EMERGENCY
PLANS SPECIFIED UNDER ARTICLE 11
1.Internal emergency plans
(a) Names or positions of persons authorized to set emergency procedures in
motion and the person in charge of and coordinating the on-site mitiga-
tory action.
(b) Name or position of the person with responsibility for liaising with the
authority responsible for the external emergency plan.
(c) For foreseeable conditions or events which could be significant in
bringing about a major accident, a description of the action which should
be taken to control the conditions or events and to limit their conse-
quences, including a description of the safety equipment and the
resources available.
(d) Arrangements for limiting the risks to persons on site including how
warnings are to be given and the actions persons are expected to take
on receipt of a warning.
(e) Arrangements for providing early warning of the incident to the authority
responsible for setting the external emergency plan in motion, the type of
information which should be contained in an initial warning and the
arrangements for the provision of more detailed information as it
becomes available.
(f) Arrangements for training staff in the duties they will be expected to
perform, and where necessary coordinating this with off-site emergency
services.
(g) Arrangements for providing assistance with off-site mitigatory action.
2.External emergency plans
(a) Names or positions of persons authorized to set emergency procedures in
motion and of persons authorized to take charge of and coordinate off-
site action.
(b) Arrangements for receiving early warning of incidents, and alert and call-
out procedures.
(c) Arrangements for coordinating resources necessary to implement the
external emergency plan.
(d) Arrangements for providing assistance with on-site mitigatory action.
(e) Arrangements for off-site mitigatory action.
(f) Arrangements for providing the public with specific information relating
to the accident and the behaviour which it should adopt.
(g) Arrangements for the provision of information to the emergency services
of other Member States in the event of a major accident with possible
transboundary consequences.1996L0082 — EN — 31.12.2003 — 002.001 — 28
▼B
ANNEX V
ITEMS OF INFORMATION TO BE COMMUNICATED TO THE
PUBLIC AS PROVIDED FOR IN ARTICLE 13 (1)
1. Name of operator and address of the establishment.
2. Identification, by position held, of the person giving the information.
3. Confirmation that the establishment is subject to the regulations and/or
administrative provisions implementing this Directive and that the notifica-
tion referred to in Article 6 (3), or the safety report referred to in Article 9
(1) has been submitted to the competent authority.
4. An explanation in simple terms of the activity or activities undertaken at the
establishment.
5. The common names or, in the case of dangerous substances covered by Part
2 of Annex I, the generic names or the general danger classification of the
substances and preparations involved at the establishment which could give
rise to a major accident, with an indication of their principal dangerous
characteristics.
6. General information relating to the nature of the major-accident hazards,
including their potential effects on the population and the environment.
7. Adequate information on how the population concerned will be warned and
kept informed in the event of a major accident.
8. Adequate information on the actions the population concerned should take,
and on the behaviour they should adopt, in the event of a major accident.
9. Confirmation that the operator is required to make adequate arrangements
on site, in particular liaison with the emergency services, to deal with major
accidents and to minimize their effects.
10. A reference to the external emergency plan drawn up to cope with any off-
site effects from an accident. This should include advice to cooperate with
any instructions or requests from the emergency services at the time of an
accident.
11. Details of where further relevant information can be obtained, subject to the
requirements of confidentiality laid down in national legislation.1996L0082 — EN — 31.12.2003 — 002.001 — 29
▼B
ANNEX VI
CRITERIA FOR THE NOTIFICATION OF AN ACCIDENT TO THE
COMMISSION AS PROVIDED FOR IN ARTICLE 15 (1)
I. Any accident covered by paragraph 1 or having at least one of the conse-
quences described in paragraphs 2, 3, 4 and 5 must be notified to the
Commission.
1.Substances involved
Any fire or explosion or accidental discharge of a dangerous substance
involving, a quantity of at least 5 % of the qualifying quantity laid down
in column 3 of Annex I.
2.Injury to persons and damage to real estate
An accident directly involving a dangerous substance and giving rise to
one of the following events:
— a death,
— six persons injured within the establishment and hospitalized for at
least 24 hours,
— one person outside the establishment hospitalized for at least 24 hours,— dwelling(s) outside the establishment damaged and unusable as a
result of the accident,
— the evacuation or confinement of persons for more than 2 hours
(persons × hours): the value is at least 500,
— the interruption of drinking water, electricity, gas or telephone
services for more than 2 hours (persons × hours): the value is at least
1 000.
3.Immediate damage to the environment
— permanent or long-term damage to terrestrial habitats:
— 0,5 ha or more of a habitat of environmental or conservation
importance protected by legislation,
— 10 or more hectares of more widespread habitat, including agricul-
tural land,
— significant or long-term damage to freshwater and marine habitats (*)
— 10 km or more of river or canal,
— 1 ha or more of a lake or pond,— 2 ha or more of delta,— 2 ha or more of a coastline or open sea,
— significant damage to an aquifer or underground water (**)
— 1 ha or more.
4.Damage to property
— damage to property in the establishment: at least ECU 2 million,
— damage to property outside the establishment: at least ECU 0,5
million.
5.Cross-border damage
Any accident directly involving a dangerous substance giving rise to
effects outside the territory of the Member State concerned.1996L0082 — EN — 31.12.2003 — 002.001 — 30
(*) In assessing damage, reference could be made where appropriate to Directives 75/440/
EEC, 76/464/EEC and Directives adopted for its application in relation to certain
substances, namely, Directives 76/160/EEC, 78/659/EEC, 79/923/EEC, or to theLethal Concentration (LC) for 50 % of the species representative of the environmentaffected as defined by Directive 92/32/EEC for the criterion ‘dangerous for the envir-onment’.
(**) In assessing damage, reference could be made where appropriate to Directives 75/
440/EEC, 76/464/EEC and Directives adopted for its application in relation to certainsubstances, namely, Directives 76/160/EEC, 78/659/EEC, 79/923/EEC, or to theLethal Concentration (LC) for 50 % of the species representative of the environmentaffected as defined by Directive 92/32/EEC for the criterion ‘dangerous for the envir-
onment’.
▼B
II. Accidents or ‘near misses’ which Member States regard as being of parti-
cular technical interest for preventing major accidents and limiting their
consequences and which do not meet the quantitative criteria above should
be notified to the Commission.1996L0082 — EN — 31.12.2003 — 002.001 — 31