A4-0224/96

Decision on the common position established by the Council with a view to the adoption of a Council Directive on the control of major-accident hazards involving dangerous substances (C4-0222/96 - 94/0014(SYN))

(Cooperation procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0222/96 - 94/0014(SYN),

- having regard to its opinion at first reading ((OJ C 56, 6.3.1995, p. 80.)) on the Commission proposal to the Council, COM(94)0004 ((OJ C 106, 14.4.1994, p. 4.)),

- having been consulted by the Council pursuant to Article 189c of the EC Treaty,

- having regard to Rule 67 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Consumer Protection (A4-0224/96),

1. Amends the common position as follows;

2. Instructs its President to forward this decision to the Council and Commission.

(Amendment 1)

Recital 8a (new)

>Text following EP vote>

8a. Whereas it is essential, in order to limit cross-border consequences of accidents, for there to be effective information exchange and warning systems based on harmonization of national principles and practices governing safety reports;

(Amendment 2)

Recital 11

>Original text>

11. Whereas, with due regard for the 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 by pipeline requires further study;

>Text following EP vote>

11. 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 should, 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;

(Amendment 3)

Recital 12

>Original text>

12. Whereas, with due regard for the Treaty and in compliance with the relevant Community legislation, Member States may retain or adopt measures on waste land-fill, which do not come within the scope of this Directive;

>Text following EP vote>

Deleted

(Amendment 4)

Recital 13a (new)

>Text following EP vote>

13a. 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 control systems established by the Member States must comply;

(Amendment 5)

Recital 13b (new)

>Text following EP vote>

13b. 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;

(Amendment 7)

Recital 14a (new)

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14a. Whereas, to improve risk and accident management, the original safety report should be constantly updated with any new facts which arise during the operation of the installation where dangerous substances are handled, in particular facts which arise from near misses;

(Amendment 8)

Recital 15

>Original text>

15. Whereas, in order to reduce the risk of domino effects, where establishments are sited in such a way or so close together as to increase the probability and possibility of major accidents, or aggravate their consequences, there should be provision for the exchange of appropriate information and cooperation on public information;

>Text following EP vote>

15. Whereas in order to reduce the risk of domino effects, operators should, in the case of establishments which are so close together that the probability of a major accident may be increased, or its consequences aggravated, cooperate in devising measures to prevent, prepare for and respond to major accidents; whereas there should be provision for the exchange of information and cooperation on public information;

(Amendment 9)

Recital 18a (new)

>Text following EP vote>

18a. Whereas, therefore, all workers in a major hazard establishment, including temporary workers, contractors and sub-contractors, must be given appropriate training to enable them to carry out their tasks competently in normal and abnormal conditions;

(Amendment 10)

Recital 19

>Original text>

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;

>Text following EP vote>

19. Whereas, in order to provide greater protection from major-accident hazards for centres of population and natural areas of particular interest or sensitivity, it is necessary for Member States' land-use policies to take account of the need for adequate 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; whereas such policies should include consultation procedures between competent authorities and planning authorities;

(Amendment 11)

Recital 20a (new)

>Text following EP vote>

20a. Whereas, in order to provide information and improve experience and management of risks, the operator should inform the competent authority immediately, giving the necessary information concerning the circumstances of a near miss;

(Amendment 13)

Article 2(1), second subparagraph

>Original text>

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.

>Text following EP vote>

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 in the event of an accident, in quantities equal to of in excess or the thresholds in Parts 1 and 2 of Annex I.

(Amendment 14)

Article 3(5a) (new)

>Text following EP vote>

5a. 'Near miss' shall mean a major accident avoided owing to an intervention, whether or not planned in advance, or owing to a chance coincidence.

(Amendment 17)

Article 4(c)

>Original text>

(c) the transport of dangerous substances and intermediate temporary storage by road, rail, internal waterways, sea or air, outside the establishments covered by this Directive, including loading and unloading and transport to and from another means of transport at docks, wharves or marshalling yards;

>Text following EP vote>

(c) the transport of dangerous substances by road, rail, water, or air, outside the establishments covered by this Directive;

(Amendment 18)

Article 4(f)

>Original text>

(f) waste land-fill sites.

>Text following EP vote>

Deleted

(Amendment 20)

Article 6(1), first indent

>Original text>

- for new establishments, a reasonable period of time prior to the start of construction or operation;

>Text following EP vote>

- for new establishments, between four and eight months before commencing construction or operation;

(Amendment 24)

Article 9(3)

>Original text>

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;

- 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);

- in the case of the periodic reviews provided for in paragraph 5, without delay.

>Text following EP vote>

3. The safety report or details of the content, conclusions and any changes resulting from the review specified in paragraph 5, shall be sent to the competent authority within the following time limits:

- for new establishments, between four and eight months before commencing construction or operation,

- for existing establishments, within two years of the date referred to in Article 24(1),

- without delay following periodic reviews under paragraph 5.

(Amendment 25)

Article 9(4), introductory phrase

>Original text>

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:

>Text following EP vote>

4. Before the operator commences construction or operation, or in the cases referred to in the second, third and fourth indents of paragraph 3, within one year of the submission of the safety report, the competent authority shall:

(Amendment 27)

Article 9(5), indent 2a (new)

>Text following EP vote>

- after any near miss so as to take account of the circumstances under which the risk was caused and how it was averted.

(Amendment 28)

Article 9(6)(b)

>Original text>

(b) Before this Directive is brought into application, the Commission, acting in accordance with the procedure laid down in Article 16 of Directive 82/501/EEC, shall establish harmonized criteria for the decision by the competent authority that an establishment is in a state incapable of creating a major accident hazard within the meaning of subparagraph (a). Subparagraph (a) shall not be applicable until those criteria have been established.

>Text following EP vote>

(b) Before this Directive is brought into application, the Commission, acting in accordance with the procedure laid down in Article 16 of Directive 82/501/EEC, shall establish harmonized criteria for the decision by the competent authority that an establishment is in a state incapable of creating a major accident hazard within the meaning of subparagraph (a). Subparagraph (a) shall not be applicable until those criteria have been established. Those criteria shall include:

>Text following EP vote>

- methods and procedures for analyzing and assessing the hazard,

>Text following EP vote>

- safety monitoring systems, including methods and procedures for reviewing safety (audit),

>Text following EP vote>

- the reliability of precautions and technical systems for preventing accidents.

(Amendment 36)

Article 15(1a) (new)

>Text following EP vote>

1a. The Member States shall inform the Commission of any near misses when they consider that the data obtained from such accidents enrich experience or improve the management of risks and accidents.

(Amendment 37)

Article 17(1), first subparagraph

>Original text>

1. 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.

>Text following EP vote>

1. Member States shall prohibit the use or bringing into use of any establishment, installation or storage facility, or any part thereof if there are serious deficiencies in its design, construction or operation which would give rise to a significant risk of a major accident.

(Amendment 39)

Article 18(2)

>Original text>

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 inspection which provides for a longer period between 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.

>Text following EP vote>

2. The system of inspection specified in paragraph 1 shall at least comply with the following conditions:

(a) it shall be managed by a suitably qualified and trained person employed by the competent authority;

(b) inspections shall be undertaken by suitably qualified and trained persons;

(c) there shall be a programme of inspections for all establishments. Unless the competent authority has established a programme of inspection which provides for a longer period between 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 to each establishment covered by Article 9;

>Text following EP vote>

(d) following each inspection a report, including conclusions and follow-up action, shall be prepared by the person carrying out the inspection, for submission to and consideration by the manager appointed by the competent authority;

>Text following EP vote>

(e) every inspection carried out by the competent authority shall be followed up with the management of the establishment, no later than three months following the inspection.

(Amendment 40)

Article 18(3a) (new)

>Text following EP vote>

3a. Member States shall inform the Commission of the criteria they apply for the establishment and management of inspection programmes and procedures. If necessary the Commission shall adopt harmonized criteria under the procedure laid down in Article 22.

(Amendment 41)

Article 19(2)

>Original text>

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 territory of Member States, for the purpose of:

>Text following EP vote>

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 territory of Member States, for the purpose of:

>Original text>

(a) the rapid dissemination of the information supplied by Member States pursuant to Article 15(1) among all competent authorities;

>Text following EP vote>

(a) the rapid dissemination of the information supplied by Member States pursuant to Article 15(1) and (1a) among all competent authorities;

>Original text>

(b) distribution to competent authorities of an analysis of the causes of major accidents and the lessons learned from them;

>Text following EP vote>

(b) distribution to competent authorities of an analysis of the causes of major accidents and near misses and the lessons learned from them;

>Original text>

(c) supply of information to competent authorities on preventive measures;

>Text following EP vote>

(c) supply of information to competent authorities on preventive measures;

>Original text>

(d) provision of information on organizations able to provide advice or relevant information on the occurrence, prevention and mitigation of major accidents.

>Text following EP vote>

(d) provision of information on organizations able to provide advice or relevant information on the occurrence, prevention and mitigation of major accidents.

>Original text>

The register and information system shall contain, at least:

>Text following EP vote>

The register and information system shall contain, at least:

>Original text>

(a) the information supplied by Member States in compliance with Article 15(1);

>Text following EP vote>

(a) the information supplied by Member States in compliance with Article 15(1) and (1a);

>Original text>

(b) an analysis of the causes of the accidents;

>Text following EP vote>

(b) an analysis of the causes of the accidents and near misses;

>Original text>

(c) the lessons learned from the accidents;

>Text following EP vote>

(c) the lessons learned from the accidents and near misses;

>Original text>

(d) the preventive measures necessary to prevent a recurrence.

>Text following EP vote>

(d) the preventive measures necessary to prevent a recurrence.

(Amendment 42)

Article 19(4a) (new)

>Text following EP vote>

4a. The Commission shall establish appropriate relations with the specialised agencies of international bodies, especially the OECD, to ensure that world standards for the control of major-accident hazards are agreed upon.

(Amendment 44)

Annex I(2), heading of columns 2 and 3

>Original text>

Qualifying quantity (tonnes) for the application of

>Text following EP vote>

Qualifying quantity (tonnes) of dangerous substance or dangerous substance in a preparation for the application of

(Amendment 45)

Annex VI(4), first indent

>Original text>

- damage to property in the establishment or loss of production by the establishment: at least ECU 2 million;

>Text following EP vote>

- damage to property in the establishment: at least ECU 2 million;