98/433/EC: Commission Decision of 26 June 1998 on harmonised criteria for dispensations according to Article 9 of Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances (notified under document number C(1998) 1758) (Text with EEA relevance)
Date: 1998-06-26
Institutions: European Commission
Subjects: dangerous substance, environmental risk prevention, harmonisation of standards, industrial hazard, public health, safety standard

8. 7. 98

EN

Official Journal of the European Communities

L 192/19

COMMISSION DECISION

of 26 June 1998

on harmonised criteria for dispensations according to Article 9 of Council
Directive 96/82/EC on the control of major-accident hazards involving dangerous
substances

(notified under document number C(1998) 1758)

(Text with EEA relevance)

(98/433/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 96/82/EC of 9
December 1996 on the control of major-accident hazards
substances (1), and in particular
involving dangerous
Article 9 thereof,

Whereas Article 9 of Directive 96/82/EC establishes that
Member States shall require the operators of certain estab-
lishments to produce safety reports;

Whereas Article 9(6)(a) of Directive 96/82/EC establishes
that 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 incap-
able of creating a major-accident hazard,
then the
in accordance with the criteria
Member State may,
the information
referred to in subparagraph (b),
required in safety reports to those matters which are rele-
vant to the prevention of residual major-accident hazards
and the limitation of their consequences for man and the
environment;

limit

Whereas these criteria do not affect the determination of
the qualifying quantities of dangerous substances for the
application of Article 9 of Directive 96/82/EC;

Whereas Article 9(6)(b) of Directive 96/82/EC establishes
that before the Directive is brought into application, the
Commission, acting in accordance with the procedure
laid down in Article 16 of Council Directive 82/501/EEC

of 24 June 1982 on the major-accident hazards of certain
industrial activities (2), shall establish harmonised criteria
for the decision by the competent authority that an estab-
lishment is in a state incapable of creating a major-acci-
dent hazard within the meaning of subparagraph (a);

Whereas the measures provided for in this Decision are in
accordance with the opinion of the committee set up
pursuant to Article 16 of Directive 82/501/EEC,

HAS ADOPTED THIS DECISION:

Article 1

For the purposes of Article 9(6) of Directive 96/82/EC on
the control of major-accident hazards involving dangerous
substances the Commission hereby adopts the harmo-
nised criteria given in the Annexe to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 26 June 1998.

For the Commission

Ritt BJERREGAARD

Member of the Commission

(1) OJ L 10, 14. 1. 1997.

(2) OJ L 230, 5. 8. 1982. Directive as amended by Directive 87/
216/EEC (OJ L 85, 28. 3. 1987, p. 36), Directive 88/610/EEC
(OJ L 336, 7. 12. 1988, p. 14) and Directive 91/692/EEC (OJ
L 377, 31. 12. 1991, p. 48).

L 192/20

EN

Official Journal of the European Communities

8. 7. 98

ANNEX

Harmonised criteria for dispensations according to Article 9 of Council Directive 96/82/EC on the
control of major-accident hazards involving dangerous substances

A dispensation according to Article 9(6) may be granted if at least one of the following generic criteria is
fulfilled:

1. Physical form of substance

Substances in solid form, such that, under both normal conditions and any abnormal conditions which can
reasonably be foreseen, a release, of matter or of energy, which could create a major-accident hazard, is not
possible.

2. Containment and quantities

Substances packaged or contained in such a fashion and in such quantities that the maximum release
possible under any circumstances cannot create a major-accident hazard.

3. Location and quantities

Substances present in such quantities and at such distances from other dangerous substances (at the
establishment or elsewhere) that they can neither create a major-accident hazard by themselves nor initiate
a major accident involving other dangerous substances.

4. Classification

Substances which are defined as dangerous substances by virtue of their generic classification in Annex I,
Part 2 to Directive 96/82/EC, but which cannot create a major-accident hazard, and for which therefore the
generic classification is inappropriate for this purpose.