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*** COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 03 09 1996 
COM(%) 440 final 
94/0014 (SYN) 
Re-examined proposal for a 
COUNCIL DIRECTIVE 
on the Control of Major Accident Hazards 
involving Dangerous Substances 
(presented by the Commission pursuant to Article 189 c (d) 
of the EC Treaty) 

EXPLANATORY MEMORANDUM 
On 26 January 1994, the Commission adopted a proposal for a Council Directive on 
the control of major accident hazards involving dangerous substances. 
The Economic and Social Committee adopted its opinion on 2 June 1994 (OJ C 295, 
22.10.94, p83). 
The European Parliament delivered its opinion, on first reading, on 16 February 1995 
(OJ C 56, 6.3.95, p80). 
The Commission prepared an amended proposal (COM(95) 240 final - 94/0014 
(SYN)), which was formally sent to the Council on 19 June 1995. 
The Council formally adopted its common position on the proposal on 19 March 1996. 
The European Parliament examined the Council's common position at second reading 
on 16 July 1996 and approved it subject to 27 proposed amendments. 
The Commission has examined the amendments proposed by the European 
Parliament at second reading, incorporating a number of them into the present 
reexamined proposal. 
The Commission's position on each of the amendments approved by Parliament at 
second reading is as follows. 
Amendments 1 and 42 are already covered 'in principle' by recitals 5 and 6 in the 
common position. However, the text can be further improved in the reexamined 
Proposal by more explicit reference to effective cooperation with third countries outside 
the EU. In this respect, it is recognised that the UN/ECE Convention on the 
Transboundary effects of industrial accidents is particularly relevant. A new recital 6a 
as well as amendments to Articles 3, 13 and Annex IV have been proposed. 
Amendments 2, 3, 17 and 18 propose recitals or text changes relevant to the 
exclusions listed in Article 4 of the Directive. Regarding amendment 2, a more 
detailed text has been included on pipelines within recital 11. The amendments 
related to waste landfill sites and intermediate storage associated with transport 
activities have been rejected as these areas will be subject to specific proposals 
where necessary. 
Amendments 4, 39, and 40 seek to strengthen the provisions in the common position 
relating to inspection systems. These amendments have been accepted in principle 
and a new recital 13a and text changes to Article 18 have been incorporated in the 
reexamined proposal. 
Amendment 5 referring to provision of training for the authorities responsible for 
external emergency plans has been accepted by proposing a new recital 13b. 
Amendments 7, 11, 14, 27, 36 and 41 all refer to the need to fully address 'near major 
accidents' as well as major accidents. This was already recognised in Annex VI of 
the common position but further text has been added to recital 21 and Article 9(5) to 
enhance the coverage of this important aspect. 
Amendment 13 has been accepted in principle to recognise Parliament's concerns that 
the definition used in the common position is much narrower than the original 
Commission Proposal. It was not considered appropriate to simply revert to the 
original Proposal as this gave rise to significant uncertainty about the practical 
application of such a wide definition. However, the text in Article 2(1) has been 
improved in the reexamined proposal to make clear that certain chemical storage 
facilities should be covered, not just the 'process'. 
Amendments 10, 25, 37, 44 and 45 have been accepted and text changes have been 
proposed accordingly to recital 19, Articles 9(4) and 17(1) as well as to Annexes l(2) 
and VI, point 4. 
Amendments 8 and 9 proposed recitals which did not directly correspond with the 
provisions contained in the common position have been rejected. 
Amendments 20 and 24, involving deadlines for notification and submission of safety 
reports, were not accepted as the text in the common position was viewed as more 
appropriate for practical implementation. 
Amendment 28 proposed certain criteria associated with derogations for 
establishments 'incapable of creating a major accident hazard'. It has not been 
considered appropriate to accept this amendment as the development of complete and 
consistent criteria will be a task for a special expert group. 
REEXAMINED PROPOSAL FOR A 
COUNCIL DIRECTIVE 
on the Control of Major Accident Hazards involving Dangerous Substances 
(presented by the Commission pursuant to Article 189 c(d) of the EC-Treaty) 
Common Position Amended Text 
Recital 6a 
Whereas the. Convention on the 
TnnsbQUndary Effects of Industrial 
Accidents of the Economic Commission 
for Europe provides for measures 
regarding the prevention of. preparedness 
for and response to industrial accidents 
capable of causing transboundary effects 
as well as for international cooperation in 
this field: 
Recital 11 
Whereas, with due regard for the EC 
Treaty and in compliance with the relevant 
Community legislation, Member States may 
retain or adopt appropriate measures for 
transport-related activities at docks, 
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; whereas the 
problem of dangerous substances 
transported bv pipeline reouires further Whereas, with due regard for the EC 
Treaty and in compliance with the relevant 
Community legislation, Member States may 
retain or adopt appropriate measures for 
transport-related activities at docks, 
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; whereas the 
transmission of dangerous substances 
through pipelines and their storage also 
have a potential to produce major 
accidents: whereas it is not appropriate to 
include such activities within the scope of 
this Directive: whereas the Commission 
shall, after collecting and evaluating 
information about existing mechanisms 
within the Community for regulating such 
activities and the occurrence of relevant 
incidents, prepare a communication setting 
out the case, and most appropriate 
instrument, for action in this area; 
Recital 13a (new) 
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 lay down at Community level 
the essential requirements with which the 
systems for inspection established by the 
Member States must comply: 
Recital 13b (new) 
Whereas Member States must take the 
necessary measures to provide adequate 
training for the authorities responsible for 
drawing up external emergency plans and 
taking the necessary decisions in cases of 
major accidents; 
Recital 19 
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/or other 
relevant policies applied in the Member 
States to take account of the need, in the 
long term, to keep a suitable distance 
between such areas and establishments 
presenting such hazards and, where 
existing establishments are concerned, to 
take account of additional technical 
measures so that the risk to persons is not 
increased; Whereas, in order to provide greater 
protection from major accident hazards for 
centres of population and areas of 
particular natural interest or sensitivity, it is 
necessary for land-use and/or other 
relevant policies applied in the Member 
States to take account of the need for 
appropriate separation between such areas 
and establishments presenting such 
hazards and, where existing 
establishments are concerned, to take 
account of additional technical measures 
so that the risk to persons is not increased. 
Such policies should include consultation 
procedures between competent authorities 
and planning authorities. 
Recital 21 
Whereas, in order to provide for an 
information exchange and to prevent future 
accidents of a similar nature, Member 
States should forward information to the 
Commission regarding major accidents 
occurring in their territory, so that the 
Commission can analyse the hazards 
involved, and operate a system for the Whereas, in order to provide for an 
information exchange and to prevent future 
accidents of a similar nature, Member 
States should forward information to the 
Commission regarding major accidents 
occurring in their territory, so that the 
Commission can analyse the hazards 
involved, and operate a system for the 
distribution of information concerning, in 
particular, major accidents and the lessons 
learned from them. distribution of information concerning, in 
particular, major accidents and the lessons 
learned from them; whereas this 
information exchange should also cover 
less serious accidents or 'near misses' 
which Member States regard as being of 
particular technical interest for preventing 
major accidents and limiting their 
consequences, 
Article 2(1) second paragraph 
For the purposes of this Directive, the 
'presence of dangerous substances' shall 
mean the actual or anticipated presence of 
such substances in the establishment, or 
the presence of those which it is believed 
may be generated during loss of control of 
an industrial chemical process, in quantities 
equal to or in excess of the thresholds in 
Parts 1 and 2 of Annex I. For the purposes of this Directive, the 
'presence of dangerous substances' shall 
mean the actual or anticipated presence of 
such substances in the establishment, or 
the presence of those which it is believed 
may be generated during loss of 
containment of an industrial chemical 
process and/or associated storage 
facilities, in quantities equal to or in excess 
of the thresholds in Parts 1 and 2 of Annex 
I. 
Article 3 (9) 
"Third countries" shall mean countries, 
other than Member States, parties to the 
Convention on the Transboundary Effects 
of Industrial Accidents of the Economic 
Commission for Europe, liable to be 
affected in the event of a major accident 
with possible transboundary effects 
originating in an establishment under 
Article 9, 
Article 9(4) 
Before the operator commences 
construction or operation, or in the cases 
referred to in the second, third and fourth 
indents of paragraph 3, the competent 
authority shall within a reasonable period of 
receipt of the report: Before the operator commences 
construction or operation, or in the cases 
referred to in the second, third and fourth 
indents of paragraph 3, the competent 
authority shall within a reasonable period 
not exceeding one year of receipt of the 
report: 
Article 9(5) second indent 
- 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 and of developments 
in knowledge concerning the assessment 
of hazards. - 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 and of developments 
in knowledge concerning the assessment 
of hazards or to take account of 
information arising from the analysis of 
'near misses'. 
Article 13 
2. The Member States concerned, 
shall, at the same time, make available to 
the other Member States liable to be 
affected in the event of a major accident 
originating in an establishment under 
Article 9 sufficient information to enable 
emergency plans to be prepared where 
necessary and the same information as is 
disseminated at national level. Such 
information shall be reviewed, repeated 
and updated at the same intervals as are 
laid down under paragraph 1. 
3. Where the Member State 
concerned has decided that an 
establishment close to the territory of 
another Member State is incapable of 
creating 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 other 
Member State. 2. The Member States concerned, 
shall, at the same time, make available to 
the other Member States and/or third 
countries liable to be affected in the event 
of a major accident originating in an 
establishment under Article 9 sufficient 
information to enable emergency plans to 
be prepared where necessary and the 
same information as is disseminated at 
national level. Such information shall be 
reviewed, repeated and updated at the 
same intervals as are laid down under 
paragraph 1. 
3. Where the Member State 
concerned has decided that an 
establishment close to the territory of 
another Member State or third country is 
incapable of creating 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 and consult with the other 
Member State or third country. 
Article 17(1) first subparagraph 
Member States shall prohibit the use or 
bringing into use of any establishment, 
installation or storage facility, or any part 
thereof if its or their continued use will 
involve an imminent risk of a major 
accident. Member States shall prohibit the use or 
bringing into use of any establishment, 
installation or storage facility, or any part 
thereof if its or their continued use will 
involve a serious risk of a major accident. 
Article 18(2) 
2. The system of inspection specified in 
paragraph 1 shall provide for a systematic 
programme of inspections for all 
establishments. Unless the competent 
authority has established a programme of 
inspections based upon a systematic 
appraisal of the major-accident hazards of 
the particular establishment concerned, the 
programme shall entail at least one on-site 
inspection made by the competent 
authority every twelve months of each 
establishment covered by Article 9. 2. The system of inspection specified in 
paragraph 1 shall comply with the following 
conditions: 
(a) it Shall be managed and 
implemented by suitably qualified 
and trained persons: 
(b) 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 the major-
accident hazards of the particular 
establishment concerned, the 
programme shall entail at least 
one on-site inspection made by 
the competent authority every 
twelve months of each 
establishment covered by Article 
9. 
(c) following each inspection a report-
including any necessary follow-up 
action, shall be prepared by the 
competent authority: 
(d) where necessary, every 
inspection carried out by the 
competent authority shall be 
followed up with the management 
of the establishment, within a 
reasonable period following the 
inspection. 
Article 18(3a) (new) 
3a. Member States shall inform the 
Commission of the criteria they apply for 
the establishment and management of 
inspection programmes and procedures. 
The Commission shall adopt, if necessary-
harmonized criteria under the procedure 
laid down in Article 22. 
Annex l(2), heading of columns 2 and 3 
Qualifying quantity 
application of (tonnes) for the Qualifying quantity (tonnes) of dangerous 
substance as defined in Article 3(4). for the 
application of 
Annex IV, Point 2 
(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. (g) Arrangements for the provision of 
information to and for consultation 
with the emergency services of 
other Member States and/or third 
countries in the event of a major 
accident with possible 
transboundary consequences. 
Annex VI, Point 4, first indent 
- damage to property in the establishment 
or loss of production by the establishment: 
at least ECU 2 million; - damage to property in the establishment: 
at least ECU 2 million; 
"V 
9 

ISSN 0254- i 475 
COM(96) 440 final 
DOCUMENTS 
EN 14 
Catalogue number : CB-CO-96-444-EN-C 
ISBN 92-78-08638-X 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
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