98/685/EC: Council Decision of 23 March 1998 concerning the conclusion of the Convention on the Transboundary Effects of Industrial Accidents
Date: 1998-03-23
Institutions: Council of the European Union
Subjects: dangerous substance, environmental risk prevention, frontier region, industrial hazard, public health, safety standard

3.12.98

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Official  Journal  of  the  European  Communities

L  326/1

II

(Acts  whose  publication  is  not  obligatory)

COUNCIL

COUNCIL  DECISION

of  23  March  1998

concerning  the  conclusion  of  the  Convention  on  the  Transboundary  Effects  of  Industrial
Accidents

(98/685/EC)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  establishing  the  European
Community,  and  in  particular  Article  130s(1)  thereof,  in
conjunction  with  the  first  sentene  of  Article  228(2)  and
the  first  subparagraph  of  Article  228(3)  thereof,

Having  regard  to  the  proposal  of  the  Commission (1),

Having  regard 
Parliament (2),

to 

the  opinion  of 

the  European

Whereas  the  Commission  took  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;  whereas  the  Convention
was  signed  on  behalf  of  the  Community  in  Helsinki  on
18  March  1992;

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

Whereas  the  conclusion  of  the  Convention  comes  within
in
the 

the  Community’s  participation 

scope  of 

(1)  OJ  C  267,  3.9.1997,  p.  60.
(2)  OJ  C  339,  10.11.1997,  p.  26.

to  protect 

international  measures 
the  environment,
recommended  by  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  1993 (3);

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  major  industrial
accidents  involving  such  substances;

Whereas  Council  Directive  82/501/EEC  of  24  June  1982
on  the  major-accident  hazards  of  certain 
industrial
activities (4)  and  Council  Directive  96/82/EC  of  9
December  1996  on  the  Control  of  major-accident
hazards  involving  dangerous  substances (5)  aim  at  the
prevention  of  major  accidents  and  the  limitation  of  their
consequences  for  man  and  the  environment;  whereas
these  Directives 
concerning
transboundary  cooperation;

provisions 

contain 

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

(3)  OJ  C  138,  17.5.1993,  p.  1.
(4)  OJ  L  230,  5.8.1982,  p.  1.  Directive  as  last  amended  by  the

1994  Act  of  Accession.
(5)  OJ  L  10,  14.1.1997,  p.  13.

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for  certain 

Whereas 
substances,  namely  bromine,
methanol,  oxygen  and  substances  dangerous  for  the
environment, the threshold quantities set out in Directive
96/82/EC differ from those mentioned in Part I of Annex
I  to  the  Convention;

Whereas  it  will  not  be  possible  for  the  Community  to
apply  the  aforementioned  threshold  quantities  for  the
abovementioned  substances;  whereas,  therefore,  in  order
to  enable  the  Convention  to  the  approved,  reservations
have  to  be  formulated;

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

their  procedures 

to  deposit 

their 

The  text  of  the  Convention  is  attached  to  this  Decision.

Article  2

The  President  of  the  Council  is  hereby  authorised  to
designate  the  persons  empowered  to  deposit,  on  behal  of
the  Community,  the  instrument  of  approval  with  the
Secretary-General of the United Nations Organisation, in
accordance  with  Article  28  of  the  Convention.  When
depositing 
the
reservations  in  Annex  I,  the  said  person(s)  will  deposit
the  declaration  of  competence  appearing  in  Annex  II
hereto.

instrument  of  approval  and 

the 

Article  3

This Decision shall be published in the Official Journal of
the  European  Communities.

HAS  DECIDED  AS  FOLLOWS:

Article  1

Done  at  Brussels,  23  March  1998.

The  Convention  on  the  Transboundary  Effects  of
Industrial  Accidents  is  hereby  approved  on  behalf  of  the
Community  subject  to  the  reservations  appearing  in
Annex  I  hereto.

For  the  Council

The  President

M.  MEACHER

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ANNEX  I

RESERVATIONS

The  Member  States  of  the  European  Community,  in  their  mutual  relations,  will  apply  the  Convention  in
accordance  with  the  Community’s  internal  rules.

The  Community  therefore  reserves  the  right:

(i)  as concerns the threshold quantities mentioned in Annex I, Part I, Nos 3, 4 and 5 of the Convention, to
apply threshold quantities of 100 tonnes for bromine (very toxic substance), 5 000 tonnes for methanol
(toxic  substance  )  an  2 000  tonnes  for  oxygen  (oxidising  substance);

(ii) as  concerns  the  threshold  quantities  mentioned  in  Annex  I,  Part  I,  No  8  of  the  Convention,  to  apply
threshold  quantities  of  500  tonnes  (risk  phrase  R50-53 (*):  ‘substances  very  toxic  to  aquatic  organisms
which  may  cause  long  term  adverse  effects  in  the  aquatic  environment’)  and  2 000  tonnes  (risk  phrase
R51-53 (*):  ‘substances  toxic  to  aquatic  organisms  which  may  cause  long  term  adverse  effects  in  the
aquatic  environment’)  for  substances  dangerous  for  the  environment.

(*)  Substances  classified  according  to  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
(OJ  196,  16.8.1967,  p.  1).  Directive  as  last  amended  by  Directive  96/56/EC  (OJ  L  236,  18.9.1996,  p.  35).

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ANNEX  II

DECLARATION  BY  THE  EUROPEAN  COMMUNITY  PURSUANT  TO  ARTICLE  29(4)  OF  THE
INDUSTRIAL  ACCIDENTS;
CONVENTION  ON  THE  TRANSBOUNDARY  EFFECTS  OF 

CONCERNING  COMPETENCE

In  accordance  witht  the  EC  Treaty,  the  objectives  and  principles  of  the  Community’s  environmental  policy
are,  in  particular,  to  preserve  and  protect  the  quality  of  the  environment  and  human  health  through
preventive  action.  In  pursuit  of  those  objectives,  the  Council  adopted  Council  Directive  82/501/EEC  of  24
June 1982 on the major-accident hazards of certain industrial activities which has been replaced by Council
Directive  96/82/EC  of  9  December  1996  on  the  control  of  major-accident  hazards  involving  dangerous
substances.  These  instruments  aim  at  the  prevention  of  major-accident  hazards  involving  dangerous
substances and the limitations of their consequences for man and the environment and cover matters which
are  the  subject  of  the  Convention  on  the  Transboundary  Effects  of  Industrial  Accidents.  The  Community
will  inform  the  depositary  of  any  amendment  to  this  Directive  and  of  any  further  relevant  development  in
the  field  covered  by  the  Convention.

As regards the application of the Convention, the Community and its Member States are responsible, within
their  respective  spheres  of  competence.