COMMON POSITION (EC) No 16/96 adopted by the Council on 19 March 1996 with a view to adopting Council Directive 96/.../EC of ... on the control of major-accident hazards involving dangerous substances
Date: 1996-03-19
Institutions: Council of the European Union
Subjects: dangerous substance, environmental risk prevention, exchange of information, industrial hazard, public health, safety standard













EUR-Lex - 51996AG0424(03) - EN






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51996AG0424(03)

COMMON POSITION (EC) No 16/96 adopted by the Council on 19 March 1996 with a view to adopting Council Directive 96/.../EC of ... on the control of major-accident hazards involving dangerous substances  


Official Journal C 120 , 24/04/1996 P. 0020 





COMMON POSITION (EC) No 16/96adopted by the Council on 19  March 1996with a view to adopting Council Directive 96/. . ./EC of . . . on the control of  major-accident hazards involving dangerous substances(96/C 120/03)THE COUNCIL OF  THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in 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 EC Treaty (3), (1) Whereas Council Directive 82/501/EEC of 24 June 1982 on the major-accident hazards of certain  industrial activities (4) is concerned with the prevention of major accidents which might result  from certain industrial activities and with the limitation of their consequences for man and the  environment; (2) Whereas the objectives and principles of the Community's environment policy, as set out in  Article 130r (1) and (2) of the EC Treaty and detailed in the European Community's Action  Programmes on the Environment (5), aim, in particular, at preserving and protecting the quality of  the environment, and protecting human health, through preventive action; (3) Whereas the Council and the Representatives of the Government of the Member States, meeting  within the Council, in their accompanying resolution concerning the Fourth Action Programme on the  Environment (6), highlighted the need for more effective implementation of Directive 82/501/EEC and  called for a review of the Directive to include, if necessary, a possible widening of its scope and  a greater exchange of information on the matter between Member States; whereas the Fifth Action  Programme, the general approach of which was approved by the Council and the Representatives of the  Governments of the Member 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 Mexico City, which demonstrated the hazard  which arises when dangerous sites and dwellings are close together, the Council resolution 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 and when urban development  takes place around existing installations; (5) Whereas the said Council resolution invited the Commission to work with Member States towards  greater mutual understanding and harmonization of national principles and practices regarding  safety reports; (6) Whereas it is desirable to pool the experience gained through different approaches to the  control of major-accident hazards; whereas the Commission and the Member States should develop  their relations with the relevant international bodies and seek to establish measures equivalent to  those set out in this Directive for use in third countries; (7) Whereas Directive 82/501/EEC constituted a first stage in the harmonization process; whereas  the said Directive should be revised and supplemented in order to ensure high levels of protection  throughout the Community in a consistent and efficient manner; whereas the present harmonization is  limited to the measures which are necessary to put in place a more effective system for preventing  major accidents with widespread effects and for limiting their consequences; (8) Whereas major accidents can have consequences beyond frontiers; whereas the ecological and  economic cost of an accident is borne not only by the establishment affected but also by the Member  States concerned; whereas it is therefore necessary to take measures ensuring a high level of  protection throughout the Community; (9) Whereas the provisions of this Directive must apply without prejudice to Community provisions  as regards health and safety at work; (10) Whereas use of a list specifying certain installations while excluding others with identical  hazards is not an appropriate practice, and may allow potential sources of major accidents to  escape regulation; whereas the scope of Directive 82/501/EEC must be altered to make the provisions  applicable to all establishments where dangerous substances are present in sufficiently large  quantities to create a major-accident hazard; (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 by pipeline requires further study; (12) Whereas, with due regard for the EC 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; (13) Whereas analysis of the major accidents reported in the Community indicates that the majority  of them are the result of managerial and/or organizational shortcomings; whereas it is therefore  necessary to lay down at Community level basic principles for management systems, which must be  suitable for preventing and controlling major-accident hazards and limiting the consequences  thereof; (14) 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 of  establishments where dangerous substances are present in significant quantities, provide the  competent authority with information in the form of a safety report containing details of the  establishment, the dangerous substances present, the installation or storage facilities, possible  major accidents and the management systems available, in order to prevent and reduce the risk of  major accidents and to enable the necessary steps to be taken to limit the consequences thereof; (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; (16) Whereas, in order to promote access to information on the environment, the public should have  access to safety reports produced by operators, and persons likely to be affected by a major  accident should be given information sufficient to inform them of the correct action to be taken in  that event; (17) Whereas, in order to provide against emergencies, in the case of establishments where  dangerous substances are present in significant quantities it is necessary to establish external  and internal emergency plans and to create systems to ensure those plans are tested and revised as  necessary and implemented in the event of a major accident or the likelihood thereof; (18) Whereas the staff of an establishment must be consulted on the internal emergency plan and the  public must be consulted on the external emergency plan; (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; (20) Whereas, in order to ensure that adequate response measures are taken if a major accident  occurs, the operator must immediately inform the competent authorities and communicate the  information necessary for them to assess the impact of that accident; (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 distribution of information concerning, in particular, major accidents  and the lessons learned from them, HAS ADOPTED THIS DIRECTIVE: Article 1Aim This Directive is aimed at the prevention of major accidents  which involve dangerous substances, and the limitation of their consequences for man and the  environment, with a view to ensuring high levels of protection throughout the Community in a  consistent and effective manner. Article 2Scope 1. The Directive shall apply to establishments where dangerous substances are  present in quantities equal to or in excess of the quantities 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 of the 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 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. 2. The provisions of this Directive shall apply without prejudice to Community provisions  concerning the working environment, and, in particular, 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 3Definitions 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 more installations, including common or related infrastructures or  activities; 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 the installation,  jetties, warehouses or similar structures, floating or otherwise, 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  the technical operation thereof; 4. 'dangerous substance' shall mean a substance, mixture or preparation listed in Annex 1, Part 1,  or fulfilling the criteria laid down in Annex 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 the course of the operation of any establishment covered by this  Directive, and leading to serious danger to human health and/or the environment, immediate or  delayed, inside or outside the establishment, and involving one or more dangerous substances; 6. 'hazard' shall mean the intrinsic property of a dangerous substance or physical situation, with  a potential for creating damage to human health 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 4Exclusions 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 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; (d) the transport of dangerous substances in pipelines, including pumping stations, outside  establishments covered by this Directive; (e) the activities of the extractive industries concerned with exploration for, and the  exploitation of, minerals in mines and quarries or by means of boreholes; (f) waste land-fill sites. Article 5General 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  consequences 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 referred to as the 'competent authority', at any time, in  particular for the purposes of the inspections and controls referred to in Article 18, that he has  taken all the measures necessary as specified in this Directive. Article 6Notification 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). 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 category 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 competent 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 indicated in the notification provided by the operator pursuant  to paragraph 2, or any change in the processes employing it, or- permanent closure of the  installation, the operator shall immediately inform the competent authority of the change in the situation. Article 7Major-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 established by the operator shall be designed to  guarantee a high level of protection for man and the environment by appropriate means, structures  and management systems. 2. The document must take account of the principles contained in Annex III and be made available to  the competent authorities for the purposes 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. Article 8Domino effect 1. Member States shall ensure that the competent authority, using the  information received from the operators in compliance with Articles 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 proximity of 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 extent of 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  competent authority for the preparation of external emergency plans. Article 9Safety 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 accidents and to limit their consequences for man and the  environment; (c) demonstrating that adequate safety and reliability have been incorporated into the design,  construction, operation and maintenance of any intallation, storage facility, equipment and  infrastructure connected with its operation which are linked to major-accident hazards inside the  establishment; (d) demonstrating that internal emergency plans have been drawn up and supplying information to  enable the external plan to be drawn up in order to take the necessary measures in the event of a  major accident; (e) providing sufficient information to the competent authorities to enable decisions to be made in  terms of the siting of new activities or developments around existing establishments. 2. The safety report shall contain at least the data and information listed in Annex II. 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 a single safety report for the purposes of this Article, where  such a format obviates the unnecessary duplication of information and the repetition of work by the  operator or competent authority, on condition thall 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, - 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. 4. Before the operator commences construction or operation, or in the cases referred to in the  second, third and fourth idents 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 establishment concerned, in accordance with the powers and procedures laid down in Article 17. 5. The safety report shall be periodically reviewed and where necessary 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 and  of developments in knowledge concerning the assessment 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 with the 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 limitation of their  consequences for man and the environment. (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. (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. Article 10Modification 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 dangerous substances which could have significant repercussions on  major-accident 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 in Articles 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 11Emergency 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); (b) the operator supplies to the competent authorities, to enable the latter to draw up external  emergency plans, the necessary information 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); (c) the authorities designated for that purpose by the Member State draw up an external emergency  plan for the measures to be taken outside 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 environment 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 provided for in this Directive are drawn up in consultation with  personnel employed inside the establishment and that the public is consulted on external emergency  plans. 4. Member States shall ensure that internal and external emergency plans are reviewed, tested, and  where necessary revised and updated by the 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 emergency services concerned, new technical knowledge,  and knowledge concerning the response to major accidents. 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 decision, 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 12Land-use planning 1. Member States shall ensure that the objectives of preventing  major accidents and limiting the consequences of such accidents are taken into account in their  land-use policies and/or other relevant policies. 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 establishments, where the siting or developments are such as to  increase the risk 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  distances between establishments covered by this Directive and residential areas, areas of public  use and areas of particular natural sensitivity or interest, and, in the case of existing  establishments, of the need for additional measures in accordance with Article 5 so as not to  increase the risks to people. 2. Member States shall ensure that all competent authorities and planning authorities responsible  for decisions in this area set up appropriate consultation procedures to facilitate implementation  of the polices established under paragraph 1. The procedures shall be designed to ensure that  technical advice on the risks arising from the establishment is available, either on a case-by-case  or on a generic basis, when decisions are taken. Article 13Information 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 supplied, without  their having to request it, to persons liable to be affected by a major accident originating in an  establishment covered by Article 9. The information shall be reviewed every three years and, where necessary, repeated and updated, at  least if there is any modification within the meaning of Article 10. It shall also be made  permanently available to the public. The maximum period between the repetition of the information  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. 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. 4. Member States shall ensure that the safety report is made available to the public. The operator  may ask the competent authority not to disclose to the public certain parts of the report, for  reasons of industrial, commercial or personal confidentiality, public security or national defence.  In such cases, on the approval of the competent authority, the operator 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 dangerous substances provided for in Article 9 (2) is made available to the  public. Article 14Information to be supplied by the operator following a major accident 1. Member  States shall ensure that, as soon as practicable following a major accident, the operator shall be  required, using the most appropriate 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, organizational 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 15Information to be supplied by the Member States to the Commission 1. For the  purposes of prevention and mitigation of major accidents, Member States shall inform the Commission  as soon as practicable of major accidents meeting the criteria of Annex VI which have occurred  within their territory. They shall provide it with the following details: (a) the Member State, the name and address of the authority responsible 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 on man 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 their analysis and recommendations using a report form established  and kept 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 major accidents and which is able to advise the competent authorities of  other Member States which have to intervene in the event of such an accident. Article 16Competent authority Without prejudice to the operator's responsibilities, Member  States shall set up or appoint the competent authority or authorities responsible for carrying out  the duties laid down in this Directive and, if necessary, bodies to assist the competent authority  or authorities at technical level. Article 17Prohibition of use 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 major accident. Member States may prohibit the use or bringing into use of any establishment, installation or  storage facility, or any part thereof if the operator 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 an appropriate body determined by national law and procedures. Article 18Inspection 1. Member States shall ensure that the competent authorities organize a  system of inspections, or other measures of control appropriate to the type of establishment  concerned. Those inspections or control measures shall not be dependent upon receipt of the safety  report or any other report submitted. Such inspections or other control measures shall be  sufficient for a planned and systematic examination of the systems 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 and off site, - that the data and information contained in the safety report, or any other report submitted,  adequately reflects the conditions in the establishment, - that information has been supplied to the public pursuant to Article 13 (1). 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 12 months of each  establishment covered by Article 9. 3. The competent authority may require the operator to provide any additional information necessary  to allow the authority fully to assess the possibility of a major accident and to determine the  scope of possible increased probabilty and/or aggravation of major accidents, to permit the  preparation of an external emergency plan, and to take substances into account which, due to their  physical form, particular conditions or location, may require additional consideration. Article 19Information system and exchanges 1. Member States and the Commission shall exchange  information on the experience acquired with regard to the prevention of major accidents and the  limitation of their consequences. This information shall concern, in particular, the functioning of  the measures provided for in this Directive. 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: (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 mitigation of 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 analysis 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 information system shall be open to  government departments of the Member States, industry or trade associations, trade unions,  non-governmental organizations 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 Directive 91/692/EEC of 23 December 1991 standardizing and  rationalizing reports on the implementation of certain Directives relating to the environment (1)  for establishments covered by Articles 6 and 9. The Commission shall publish a summary of this  information every three years. Article 20Confidentiality 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 who so requests. Information obtained by the competent authorities or the Commission may, where national provisions  so require, be kept confidential if it calls 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 information to which it is privy at internal level. Article 21Terms 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 accordance with the procedure laid  down in Article 22. Article 22Committee The Commission shall be assisted by a committee composed of the  representatives of the Member States and chaired by the representative of the Commission. The representative of the Commission shall submit to the committee a draft of the measures to be  taken. The committee shall deliver its opinion on the draft within a time limit which the chairman  may lay down according to the urgency of the matter. The opinion shall be delivered by the majority  laid down in Article 148 (2) of the EC Treaty in the case of decisions which the Council is  required to adopt on a proposal from the Commission. The votes of the representatives of the Member  States within the committee shall be weighted in the manner set out in that Article. The chairman  shall not vote. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the  committee. If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion  is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the  measures to be taken. The Council shall act by a qualified majority. If, on the expiry of a period of three months from the date of referral to the Council, the Council  has not acted, the proposed measures shall be adopted by the Commission. Article 23Repeal 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 remain in force until such time as they are replaced under the  corresponding provisions of this Directive. Article 24Implementation 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 reference to this Directive or shall  be accompanied by such reference on the occasion of their official publication. The methods of  making such reference 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 25Entry into force This Directive shall enter into force on the 20 day following that  of its publication in the Official Journal of the European Communities. Article 26This Directive is addressed to the Member States. Done at . . . For the CouncilThe President(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), common  position of the Council of 19 March 1996 (not yet published in the Official Journal) and Decision  of the European Parliament of . . . (not yet published in the Official Journal). (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, p. 1. (1) OJ No L 183, 29. 6. 1989, p. 1. (1) OJ No L 377, 31. 12. 1991, p. 48. ANNEX I APPLICATION OF THE DIRECTIVE INTRODUCTION 1. This Annex applies to  the presence of dangerous substances at any establishment 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 appropriate. 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. >TABLE>NOTES 1. Ammonium nitrate (350/2 500)This applies to ammonium nitrate and  ammonium nitrate compounds in which the nitrogen content as a result of the ammonium nitrate is  more than 28 % by weight (compounds other than those referred to in Note 2) and to aqueous ammonium  nitrate solutions in which the concentration of ammonium nitrate is more than 90 % by weight. 2. Ammonium nitrate (1 250/5 000)This applies to simple ammonium-nitrate based fertilizers which  comply with Directive 80/876/EEC and to composite fertilizers in which the nitrogen content as a  result of the ammonium nitrate is more than 28 % in weight (a composite fertilizer contains  ammonium nitrate with phosphate and/or potash). 3. Polychloridibenzofurans and polychlorodibenzodioxinsThe quantities of polychlorodibenzofurans  and polychlorodibenzodioxins are calculated using the following factors: >TABLE>PART 2 Categories of substances and preparations not  specifically named in Part 1 >TABLE>NOTES 1. Substances and preparations are  classified according to the following Directives (as amended) 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 classification, packaging and labelling of dangerous  substances (1), - Council Directive 88/379/EEC of 7 June 1988 on the approximation of the laws, regulations and  administrative provisions of the Member States relating to the classification, packaging and  labelling of dangerous preparations (2), - Council Directive 78/631/EEC of 26 June 1978 on the approximation of the laws of the Member  States relating to the classification, packaging and labelling of dangerous preparations  (pesticides) (1). In the case of substances and preparations which are not classified as dangerous according to any  of the above Directives but which nevertheless are present, or are likely to be present, in an  establishment and which possess or are likely to possess, under the conditions found at the  establishment, equivalent properties in terms of major-accident potential, the procedures for  provisional classification shall be followed according to the relevant Article of the appropriate  Directive. In the case of substances and preparations with properties giving rise to more than one  classification, for the purposes of this Directive the lowest thresholds shall apply. For the purposes of this Directive, a list providing information on substances and preparations  shall be established, kept up to date and approved by the procedure set up under Article 22. 2. An 'explosive' means: (a) (i) a substance or preparation which creates the risk of an explosion by shock, friction, fire  or other sources of ignition, (ii) a pyrotechnic substance is a substance (or mixture of substances) designed to produce heat,  light, sound, gas or smoke or a combination of such effects through non-detonating self-sustained  exothermic chemical reactions, or(iii) an explosive or pyrotechnic substance or preparation  contained in objects; (b) a substance or preparation which creates extreme risks of explosion by shock, friction, fire or  other sources of ignition. 3. 'Flammable', 'highly flammable' and 'extremely flammable' in categories 6, 7 and 8 mean: (a) flammable liquids: substances and preparations having a flash point equal to or greater than 21 °C and less than or  equal to 55 °C (risk phrase R 10), supporting combustion; (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 which have a flash point lower than 55 °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 °C 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 °C 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 °C (risk phrase R 12, first indent), and2. gaseous substances and  preparations which are flammable in contact with air at ambient temperature and pressure (risk  phrase R 12, second indent), whether or not kept in the gaseous or liquid state under pressure,  excluding liquefied extremely flammable gases (including LPG) and natural gas referred to in Part  1, and3. liquid substances and preparations maintained at a temperature above their boiling  point. 4. The addition of dangerous substances to determine the quantity present at an establishment shall  be carried out according to the following rule: if the sum >NUM>q1/ >DEN>Q  +  >NUM>q2/ >DEN>Q  +  >NUM>q3/ >DEN>Q  +  >NUM>q4/ >DEN>Q  +  >NUM>q5/ >DEN>Q  + ... > 1where qx = the quantity of dangerous substances x (or category of dangerous substances)  falling within Parts 1 or 2 of this Annex, Q = the relevant threshold quantity from Parts 1 or 2, then the establishment is covered by the relevant requirements of this Directive. This rule will apply for the following circumstances: (a) for substances and preparations appearing in Part 1 at quantities less than their individual  qualifying quantity present with substances having the same classification from Part 2, and the  addition of substances and preparations with the same classification from Part 2; (b) for the addition of categories 1, 2 and 9 present at an establishment together; (c) for the addition of categories 3, 4, 5, 6, 7a, 7b, and 8, present at an establishment  together. (1) OJ No 196, 16. 8. 1967, p. 1. Directive as last amended by Directive  94/69/EC (OJ No L 381, 31. 12. 1994, p. 1). (2) OJ No L 187, 16. 7. 1988, p. 14. (1) OJ No L 206, 29. 7. 1978, p. 13. Directive as last amended by Directive 92/32/EEC (OJ No L 154,  5. 6. 1992, p. 1).  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 historyB. Identification of installations and other  activities of the establishment which could present a major-accident hazardC. 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 establishment which are important from the point of view of safety,  sources of major-accident risks and conditions under which such a major accident could happen,  together with a description of proposed preventive measuresB. Description of processes, in  particular the operating methodsC. 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 installationB.  Assessment of the extent and severity of the consequences of identified major accidentsC.  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 consequences of major  accidentsB. Organization of alert and interventionC. Description of mobilizable resources,  internal or externalD. Summary of elements described in A, B, and C above necessary for drawing up  the internal emergency plan prepared in compliance with Article 11.  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 be proportionate 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, responsibilities, 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) Organization and personnel - the roles and responsibilities of personnel involved in the  management of major hazards at all levels in the organization. The identification of training needs  of such personnel and the provision of the training so identified. The involvement of employees  and, where appropriate, sub-contractors. (ii) Identification and evaluation of major hazards - adoption and implementation 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 procedures to identify foreseeable  emergencies by systematic analysis and to prepare, test and review emergency plans to respond to  such emergencies. (vi) Monitoring performance - adoption and implementation of procedures 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 up-dating by senior management. 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  mitigatory 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 consequences, 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.  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 notification 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. 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  consequences described in paragraphs 2, 3, 4 and 5 must be notified to the Commission. 1. Substances involvedAny 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 estateAn 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 agricultural 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 (*)4. Damage to property- damage to  property in the establishment or loss of production by the establishment: at least ECU 2 million, - damage to property outside the establishment: at least ECU 0,5 million. 5. Cross-border damageAny accident directly involving a dangerous substance giving rise to effects  outside the territory of the Member State concerned. II. Accidents or 'near misses' which Member States regard as being of particular 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. (*) 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 the Lethal Concentration  (LC) for 50 % of the species representative of the environment affected as defined by Directive  92/32/EEC for the criterion 'dangerous for the environment'.  STATEMENT OF THE COUNCIL'S REASONS I. INTRODUCTION 1. On 4 March 1994, the Commission  submitted a proposal for a Directive (1) based on Article 130s (1) of the EC Treaty on the control  of major-accident hazards involving dangerous substances. 2. The European Parliament delivered its opinion at first reading on 16 February 1995 (2). Following that opinion, the Commission submitted its amended proposal on 19 June 1995 (3). The Economic and Social Committee delivered its opinion on 2 June 1994 (4). 3. The Council adopted its common position on 19 March 1996, in accordance with Article 189c of the  Treaty. II. OBJECTIVE 4. The aim of this proposal is to replace Council Directive 82/501/EEC of 24 June  1982 (including Council Directives 87/216/EEC of 19 March 1987 and 88/610/EEC of 24 November 1988  amending it) with a new Directive which, on the basis of more than 10 years experience, essentially  simplifies the implementation of major-accident prevention and of the limitation of their  consequences, while reinforcing the uniform nature of such implementation. The new Directive should  place greater emphasis on a prevention policy to be pursued by the establishments concerned and  provides for the inclusion of the major-accident control objective in national land-use policies or  in other relevant national policies. III. ANALYSIS OF THE COMMON POSITION 5. General commentsThe Council has endeavoured to ensure,  through both the requirements laid down and the structure of the text, that the aforementioned  objective is implemented and a high level of protection applied throughout the Community in a  consistent and effective manner. The Council was able to accept literally, in substance or in part many of the amendments suggested  by the European Parliament and included by the Commission in its amended proposal, together with  some of the amendments not accepted by the Commission. 6. Specific comments(Unless otherwise indicated, the following references are to the text of the  amended proposal). The following amendments were made by the Council to the Commission's amended proposal: - Article 1The Council wanted to make it clear, as in other Directives, that high levels of  protection should be ensured in a consistent and effective manner. - Article 2The Council reformulated the text, in particular that of paragraph 1, in the interests  of greater clarity. Hence, the second subparagraph covers the actual presence of dangerous  substances, their anticipated presence in the context of normal production and their presence  following loss of control of an industrial chemical process (the Seveso case). The wording of  Article 3 (4) and of the introduction to Annex I also take account of these clarifications. - Article 3The Council amended the definitions of establishment and installation in the interests  of clarity. It included the concept of handling. The definition of operator was aligned on that of the IPPC Directive proposal. The criterion of  damage to human health and the environment was added to the definition of hazard. The Council did  not think it desirable that the reference to commercial purposes should be retained in the  definition of storage. - Article 4The Council retained the Commission's original proposal concerning ionizing radiation,  so as to avoid any ambiguity with regard to installations not classified as nuclear installations  which nevertheless handled nuclear materials. The Council clarified the exclusion with regard to the transport of dangerous substances and called  on the Commission to submit within three years proposals for ensuring a high level of protection  for the prevention of accidents at ports or marshalling yards or in pipelines. In the case of the extractive industries, the Council did not consider it desirable to add the  reference to the preparation and treatment of extracted materials. - Article 5The Council restructured Articles 5, 6 and 7 in the interests of clarity and  readability, without amending their substance. It merged Article 5 and the former Article 7 and took account of the former Article 5 (2) in  Article 8. - Article 6Here, as in Articles 9 and 11, the Council adopted what it thought were more  practicable time-limits and added point (g) so as to ensure that this important aspect was taken  into account from the time of notification. - Article 7As suggested by the European Parliament, the Council introduced a further Annex - Annex  III - to take into account the importance of the prevention policy in the context of both this  Article and Article 9. - Article 8The Council chose a more general wording for paragraph 2 in order to take into  consideration different national practices and systems. Furthermore, it did not think it desirable,  as in Articles 11, 12 and 14, to retain the text regarding criteria (on the other hand, it  reinforced a similar text in Article 9 (6)). - Article 9The Council wished to establish a clear and transparent system in paragraph 6 with  regard to the possible limitation of the information required in the safety report. - Article 10In order to lend this Article greater weight, the Council included a reference to the  manufacturing process and added a reference to the nature of dangerous substances. - Article 11See comments on Articles 6 and 9. - Article 13In the light of Article 20, the Council did not include in paragraph 1 the reference  to accidents and persons requesting information which was desired by the Parliament. Judging it to be sufficient in paragraph 4 that the safety report would be made available to the  public, it did not adopt the reference to supporting grounds. - Article 15The Council added Annex VI in the interests of transparency and uniformity of  information. - Article 17The Council preferred a simpler and more general wording. - Article 18The Council simplified the text of paragraph 2. - Article 19The Council added paragraph 1 on the exchange of information and made paragraph 3  clearer by including a reference to Article 20. - Article 20The Council emphasized the transparency of information and clarified the text of the  Article, in particular in the second subparagraph of paragraph 1 and the fourth and final indents  of the second subparagraph. It thought it desirable in paragraph 2 to delete the reference to the exclusion of certain  information. - Article 21The Council did not consider it desirable to include Annex I in the adaptation to  technical progress by the Committee procedure since that Annex determined the scope. - Article 22The Council agreed with the Parliament view that a type IIIa Committee was the most  appropriate. - Annex IIn most cases, the Council maintained the proposed thresholds. For certain substances  with already very low thresholds, it thought that such thresholds were - except in the case of  carcinogens - appropriate to column 3 only. It added certain substances in Part 1 and clarified the concept of dioxin and furan. Clarifications and additions were made to the accompanying notes. - Annex IIThe Council regarded the data and information contained in this Annex as minimal and  proceeded to clarify and amplify its content. - Annex IIIThis new Annex, requested by the European Parliament, is intended to reflect in  tangible form the emphasis placed by the Council on the prevention of major accidents. - Annexes IV and VThe Council basically adopted these texts as the stood. - Annex VIThe Council thought that this new Annex was necessary to improve the flow of information  to the Commission. - PreambleThe Council thought it desirable to simplify, adapt or amplify certain recitals. (1) OJ No C 106, 14. 4. 1994, p. 4. (2) OJ No C 56, 6. 3. 1995, p. 80. (3) OJ No C 238, 13. 9. 1995, p. 4. (4) OJ No C 295, 22. 10. 1994, p. 83.