Re-examined proposal for a COUNCIL DIRECTIVE on the Control of Major Accident Hazards involving Dangerous Substances
Date: 1996-09-03
Institutions: European Commission
Subjects: dangerous substance, environmental protection, environmental risk prevention, exchange of information, industrial hazard

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

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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 
In  this  respect,  it  is  recognised  that  the  UN/ECE  Convention  on  the 
the  EU. 
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 
It  has  not  been 
establishments  'incapable  of  creating  a  major  accident  hazard'. 
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 

the.  Convention 
of 

on 
the 
Whereas 
TnnsbQUndary  Effects 
Industrial 
Accidents  of  the  Economic  Commission 
for  measures 
for  Europe  provides 
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 
substances 
transported  bv  pipeline  reouires  further 

of  dangerous 

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 
to  produce  major 
have  a  potential 
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 
the  case,  and  most  appropriate 
out 

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 

for 

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 
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; 

for 

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 
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 
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. 

existing 

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. 

from 

whereas 

distribution  of  information  concerning,  in 
particular, major accidents and the lessons 
this 
them; 
learned 
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 
their 
consequences, 

limiting 

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 
industrial  chemical 
containment  of  an 
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 
liable  to  be 
Commission  for  Europe, 
affected  in the  event  of  a  major  accident 
with 
effects 
originating 
in  an  establishment  under 
Article 9, 

transboundary 

possible 

Article 9(4) 

the  operator 

commences 
Before 
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: 

the  operator 

commences 
Before 
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 
take  account  of 
to 
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. 

Where 

3. 
the  Member  State 
that  an 
concerned  has  decided 
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. 

that 

Where 

3. 
the  Member  State 
an 
concerned  has  decided 
establishment  close  to  the  territory  of 
another  Member  State  or third  country  is 
incapable  of  creating  a  major-accident 
for  the 
hazard  beyond 
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. 

its  boundary 

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) 

of 

for 

inspections 

2.  The  system  of  inspection  specified  in 
paragraph  1 shall provide for  a systematic 
programme 
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) 

(b) 

(c) 

(d) 

upon 

authority 

f or 
Unless 

and 
it  Shall  be  managed 
implemented  by suitably  qualified 
and trained persons: 
there  shall  be  a  programme  of 
a ll 
i n s p e c t i o ns 
the 
establishments. 
competent 
has 
established  a  programme  of 
a 
based 
inspections 
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 
each 
establishment  covered  by  Article 
9. 
following each inspection a report-
including any necessary follow-up 
action,  shall  be  prepared  by  the 
competent  authority: 
every 
where 
inspection  carried  out  by 
the 
competent  authority  shall  be 
followed up with the  management 
of  the  establishment,  within  a 
reasonable  period  following  the 
inspection. 

n e c e s s a r y, 

of 

Article  18(3a)  (new) 

the 
3a.  Member  States  shall  inform 
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) 

to 

Arrangements  for  the  provision  of 
the  emergency 
information 
services of other Member States in 
the  event  of a  major  accident with 
p o s s i b le 
consequences. 

t r a n s b o u n d a ry 

(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 
transboundary  consequences. 

possible 

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 

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