Proposal for a Council Decision concerning the conclusion of the Convention on the Transboundary Effects of Industrial Accidents
Date: 1997-06-26
Institutions: European Commission
Subjects: accident prevention, dangerous substance, environmental protection, industrial hazard, international convention

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  26.06.1997 
COM(97)  330  final 

97/0180  (CNS) 

Proposal 

fora 

COUNCIL DECISION 

concerning the conclusion of the Convention 

on the Transboundary Effects  of Industrial Accidents 

(presented  by the  Commission) 

EXPLANATORY  MEMORANDUM 

1.  A  Convention  of  the  United  Nations  Economic  Commission  for  Europe  on  the 
Transboundary  Effects  of Industrial  Accidents was signed in Helsinki, Finland, on the 
18th of March  1992 by 26 countries, including  14 Member States of the  Community, 
as well as by the Community itself. 

In accordance  with  Article  30, paragraph  1, the  Convention  shall  enter  into  force  on 
the ninetieth day following  the day after the date of deposit of the sixteenth  instrument 
of ratification,  acceptance, approval or accession. 

2.  The  Convention  on the  Transboundary  Effects  of  Industrial  Accidents  was  prepared 
taking particular  account of the relevant provisions of the final  Act of the  Conference 
on  Safety  and  Co-operation  in  Europe  (CSCE)  and  the  Declaration  of  the  United 
Nations Conference  on the Environment, in particular Principle 21. 

3.  The  Convention  on  the  Transboundary  Effects  of  Industrial  Accidents  lays  down  a 
number  of provisions  aimed  at protecting  human  beings and the environment  against 
industrial  accidents  capable  of causing transboundary  effects  and  at promoting  active 
international  co-operation  between  the  Contracting  Parties  before,  during  and  after 
such an accident. 

4.  The work on drawing up the Draft  Convention  was heavily  influenced  by  Community 
policy  on  the  control  of  major-accident  hazards  involving  dangerous  substances  and 
by  legislation  in  this  field,  in  particular  Council  Directive  82/501 /EEC  of  24  June 
1982  on  the  major-accident  hazards  of  certain  industrial  activities1  and  Council 
Directive  96/82/EC  of  9  December  1996  on  the  control  of  major-accident  hazards 
involving  dangerous  substances2,  and  taking  into  account  the  principle  of  "polluter 
pays" as a general principle of international law on the environment. 

5.  Consequently,  it  appears  that  the  Community  and  the  Member  States  have  the  legal 
and  technical  instruments  to  fulfill  their  obligations  arising  out  of  the  Convention. 
Therefore, the Commission considers it desirable that the Community and the Member 
States,  in  their  respective  areas  of  competence,  should  start  their  procedure  for 
ratification,  acceptance,  approval  of  or  accession  to  the  Convention  as  quickly  as 
possible. 

6.  The  measures  prescribed  by  the  Convention  contribute  to  the  realization  of  the 

objectives of the Community environmental  policy. 

Consequently,  the  Decision  must  be  based  ort  Article  130R,  paragraph  4,  in 
connection  with  Article  228,  paragraph  2,  first  sentence  and  paragraph  3,  first 
subparagraph of the Treaty establishing the European Community. 

l  OJ No  L 230, 5. 8.  1982. Directive as amended by Directive  87/216/EEC (OJ No L  85, 28. 3. 1987), 
Directive  88/610/EEC (OJ No  L 336, 7.  12.  1988) and  Directive  91/692/EEC (OJ No  L 377, 31. 12. 
1991) 

OJNoL  10, 14. 1. 1997 

7.  The  Convention  on  the  Transboundary  Effects  of  Industrial  Accidents  does  neither 
prohibit  the  formulation  of  reservations  nor  does  it  provide  that  only  specified 
reservations  may  be made. Therefore,  in accordance  with  the  Vienna  Convention  on 
the Law of Treaties, the  Community  may  formulate  reservations  when  approving  the 
Convention, provided that these reservations are not incompatible with the object  and 
purpose of the Convention. 

For certain substances (Bromine, Methanol, Oxygen and substances dangerous for the 
environment),  the  threshold  quantities  set  out  in  Council  Directive  96/82/EC  differ 
from those mentioned in Annex I, Part  1  of the Convention. 

However, it is not possible for the moment to amend Council Directive 96/82/EC with 
a  view  to  adopting  the  threshold  quantities  mentioned  in  Annex  I,  Part  1  of  the 
Convention. 

Therefore,  to  be  able  to  approve  the  Convention  and  in  order  to  avoid  a  possible 
breach of provisions of the Convention, the Community has to formulate  reservations 
regarding the threshold  quantities of Annex I, Part  1 of the Convention  for the above 
mentioned substances. 

Proposal 

fora 

COUNCIL DECISION 

of. 

concerning the conclusion of the Convention 

on the Transboundary Effects  of Industrial Accidents 

THE COUNCIL OF THE EUROPEAN UNION 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article  130R,  paragraph  4  thereof,  in  connection  with  Article  228,  paragraph  2,  first 
sentence and paragraph 3, first  subparagraph, 

Having regard to the proposal of the Commission, 

Having regard to the opinion of the European Parliament, 

Whereas the Commission has taken part, on behalf of the Community, in the negotiations 
with  a  view  to  the  conclusion  of  the  Convention  on  the  Transboundary  Effects  of 
Industrial  Accidents;  and  whereas  the  Convention  was  signed  in  Helsinki  on  the  18th 
March  1992 on behalf of the Community; 

Whereas  the  Convention  aims  at protecting  human  beings  and  the  environment  against 
industrial  accidents  capable  of  causing  transboundary  effects  and  at  promoting  active 
international  co-operation  between the Contracting  Parties before,  during  and after  such 
an accident; 

Whereas  the  conclusion  of the Convention  comes  within  the  scope of  the  Community's 
participation  in  international  measures  to  protect  the environment,  recommended  by  the 
the  fifth  Action  Programme  on  the  Environment,  the  general  approach  of  which  was 
approved  by  the  Council  and  the  representatives  of  the  Governments  of  the  Member 
States, meeting within Council, in their resolution of 1  February  19931; 

Whereas,  in  accordance  with  the  principles  stated  in  Article  130R  of  the  Treaty,  the 
control of major-accident  hazards involving dangerous substances constitutes a matter of 
utmost importance for all Member States in view of the cross-border nature of the  effects 
on the environment and human health of such major industrial accidents; 

Whereas  Council  Directive  82/501/EEC of 24 June  1982 on the major-accident  hazards 
of  certain industrial  activities2 and  Council Directive  96/82/130 of  9 December  1996 on 
the  control  of  major-accident  hazards  involving  dangerous  substances3  aim  at  the 
prevention  of major  accidents  and the  limitation  of their  consequences  for  man  and  the 
envirçonment, and whereas these Directives contain provisions concerning transboundary 
co-operation; 

Whereas it is therefore necessary for the Community to approve the Convention; 

Whereas for  certain  substances  (Bromine, Methanol,  Oxygen  and  substances  dangerous 
for  the  environment),  the  threshold  quantities  set  out  in  Council  Directive  96/82/EC 
differ from those mentioned in Annex I, Part 1 of the Convention; 

Whereas  it  will  not  be  possible  for  the  Community  to  apply  the threshold  quantities  in 
Annex  I,  Part  1 of  the  Convention  for  the  above  mentioned  substances,  and  whereas 
therefore,  in  order  to  be  able  to  approve  the  Convention,  reservations  have  to  be 
formulated; 

1  OJN0CB8,  17.5. 1993 

2  OJ No  L 230, 5. 8.  1982. Directive as amended  by  Directive 87/216/EEC (OJ No L 85, 28. 3.  1987), 
Directive  88/610/HHC (OJ  No  L 336, 7.  12.  1988) and  Directive 91/692/EEC (OJ  No L 377,  31.  12. 
1991) 

3  O J N oL  10,  14. I.  1997 

Whereas,  in  order  to  enable  the  Convention  to  enter  into  force  without  delay,  it  is 
necessary  for  signatory  Member  States  to  carry  out  their  procedures  for  ratification, 
acceptance  or  approval  of  the  Convention  as  soon  as  possible,  in  order  to  enable  the 
Community  and  the  Member  States  to  deposit  their  instruments  of  ratification, 
acceptance or approval, 

HAS DECIDED: 

Article 1 

The Convention  on the Transboundary  Effects  of Industrial Accidents, which was signed 
at Helsinki  on the  18th March  1992, is approved  on  behalf of the European  Community 
with the reservations figuring in Annex I of this Decision. 

The text of the Convention is enclosed with this Decision. 

Article 2 

The  President  is  authorized  to  nominate  the  person  or  people  entitled  to  deposit,  on 
behalf  of the  Community,  the  instrument  of  approval  with the  Secretary-General  of  the 
United  Nations  Organization,  in  accordance  with  Article  28  of  the  Convention.  When 
depositing  the  instrument  of  approval  and  the  reservations  in  Annex  I,  the  Community 
will deposit the declaration of competence figuring  in Annex II of this Decision. 

Article 3 

This Decision is published in the Official  Journal of the European Communities. 

Done at Brussels,.... 

For the Council 
The President 

ANNEX! 

RESERVATIONS 

The European Community reserves the  right: 

(i)  as concerns the threshold quantities mentioned in Annex I, Part  1. No 3, 4 and 5 of 
the Convention, to apply threshold quantities of  100 tonnes for Bromine (very toxic 
substance), 5000 tonnes for Methanol (toxic substance) and 2000 tonnes for Oxygen 
(oxidizing substance); 

(ii)  as  concerns  the  threshold  quantities  mentioned  in  Annex  I,  Part  1, No  8  of  the 
Convention,  to  apply  threshold  quantities  of  500  tonnes  (risk  phrase  R50-
SS^'substances very toxic to aquatic organisms which may cause long term adverse 
effects  in  the  aquatic  environment")  and  2000  tonnes  (risk  phrase  R5Î-532  : 
"substances toxic to aquatic organisms which may cause long term adverse effects in 
the aquatic environment") for substances dangerous for the environment. 

1 

Substances classified  according to 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  (OJ  No  196,  16.  8.  1967,  p.  I.  Directive  as  last  amended  by  Directive 
93/105/EC (OJ No L 294, 30.  11.  1993, p. 21)). 

2 

see footnote  1  above. 

ANNEXH 

DECLARATION  OF THE EUROPEAN  COMMUNITY ACCORDING TO ARTICLE 
29 PARAGRAPH 4 OF THE CONVENTION  ON THE TRANSBOUNDARY 
EFFECTS OF INDUSTRIAL ACCIDENTS  CONCERNING  COMPETENCE 

In  accordance  with  the  EC  Treaty,  in  particular  article  13OR, paragraphs  1 and  2,  the 
objectives  and principles of the Community's  environmental  policy  aim, in particular,  at 
preserving  and  protecting  the  quality  of  the  environment  and  human  health  through 
preventive  action.  In  pursuit  of  those  objectives,  the  Council  has  adopted  Council 
Directive 82/501/EEC of 24 June  1982 on the major-accident  hazards of certain  industrial 
activities1 and  Council  Directive  96/82/EC  of 9 December  1996 on the control  of  major-
accident hazards involving dangerous substances2. These actions aim at the prevention of 
major-accident  hazards  involving  dangerous  substances  and  the  limitation  of  their 
consequences  for  man  and  the  environment  and  cover  matters  which  are  subject  of  the 
Convention  on  the  Transboundary  Effects  of  Industrial  Accidents.  By  virtue  of  the 
provisions  of Article  130R, paragraph 4 of the EC Treaty, the Community  is empowered 
to conclude international agreements falling within its sphere of competence as defined  in 
article  13 OR and measures adopted pursuant to this provision. 

1  OJ No  L 230, 5. 8.  1982. Directive as amended  by  Directive  87/216/EEC (OJ No L 85, 28. 3.  1987), 
Directive  88/610/EEC  (OJ No  L 336, 7.  12.  1988) and  Directive  91/692/EEC (OJ No  L 377,  31.  12. 
1991) 

2  OJNoL  10, 14. 1. 1997 

ISSN 0254-1475 

COM(97) 330  final 

DOCUMENTS 

EN 

14  11  15  01 

Catalogue  number  :  CB-CO-97-326-EN-C 

ISBN 92-78-21839-1 

Office  for Official  Publications of the European  Communities 

L-2985  Luxembourg