Proposal for a Directive of the European Parliament and of the Council amending Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances
Date: 2001-12-10
Institutions: European Commission
Subjects: chemical pollution, dangerous substance, environmental protection, environmental risk prevention, industrial hazard

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Proposal for a Directive of the European Parliament and of the Council amending Council
Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving
dangerous substances

(2002/C 75 E/25)

(Text with EEA relevance)

COM(2001) 624 final (cid:151) 2001/0257(COD)

(Submitted by the Commission on 10 December 2001)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

Whereas:

(1) Council Directive 96/82/EC of 9 December 1996 on the
control of major-accident hazards
involving dangerous
substances (1) aims 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.

(2) In the light of recent industrial accidents and studies on
carcinogens and substances dangerous for the environment
carried out by the Commission at the Council’s request, the
scope of Directive 96/82/EC needs to be broadened.

(3) The cyanide spill that polluted the Danube following the
accident at Baia Mare in Romania in January 2000 has
demonstrated that certain storage and processing activities
in mining have a potential to produce very serious conse-
quences. The Communications of the Commission on the
safe operation of mining activities (2) and on the sixth
environment
European
programme
Community (3) have therefore highlighted the need for an
In its
extension of
Resolution of 5 July 2001 on the Commission Communi-
cation on the safe operation of mining activities
the
European Parliament also welcomed the extension of the
scope of that Directive to cover risks arising from storage
and processing activities in mining.

the scope of Directive 96/82/EC.

action

the

of

(4) The firework accident at Enschede in the Netherlands in
May 2000 has demonstrated the major hazard potential
arising from storage and manufacture of pyrotechnic
substances. Therefore, the definition of such substances in
Directive 96/82/EC should be clarified and simplified.

(5) Studies

by

out

carried

list of

the Commission in close
co-operation with the Member States support extending
carcinogens with appropriate qualifying
the
qualifying
quantities
lowering
quantities
the
environment in Directive 96/82/EC.

and
assigned to substances dangerous

significantly

the

for

(6) It is appropriate at the same time to clarify and correct

certain passages in Directive 96/82/EC.

(7) Directive

96/82/EC

should

therefore

be

amended

accordingly.

(8) The measures provided for in this Directive have been the
subject of a public consultation process involving interested
parties,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 96/82/EC is amended as follows:

1. In Article 4, points (e) and (f) are replaced by the following:

(cid:145)(e) the

extraction

exploitation

and
(exploration,
processing) of minerals in mines and quarries, with
the exception of chemical and thermal processing
operations and related storage involving dangerous
substances as defined in Annex I of
this Directive;
hazards related to offshore exploration and exploitation
of minerals;

(f) waste land-fill

sites with the exception of

tailings
disposal facilities containing dangerous substances as
defined in Annex I
to this Directive and used in
connection with the chemical and thermal processing
of minerals.(cid:146)

(1) OJ L 10, 14.1.1997, p. 13.
(2) COM(2000) 664 final.
(3) COM(2001) 31 final.

2. Annex I
Directive.

is amended as set out

in the Annex to this

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Article 2

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by (12 months after entry into force) at the latest.
They shall forthwith inform the Commission thereof.

2. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt in
the field covered by this Directive.

Article 3

This Directive shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Communities.

When Member States adopt those provisions, they shall contain
a reference to this Directive or shall be accompanied by such a
reference on the occasion of their official publication. Member
States shall determine how such reference is to be made.

Article 4

This Directive is addressed to the Member States.

Annex I to Directive 96/82/EC is amended as follows:

1.

In the Introduction the following point 6 is added:

ANNEX

(cid:145)6. For the purposes of this Directive, a gas is a substance that is completely gaseous at 20 (cid:176)C at a standard

pressure of 101.3 kPa.(cid:146)

2.

In Part 1 the entry which starts with the words:

(cid:145)The following CARCINOGENS(cid:146) is replaced by the following:

(cid:145)The following CARCINOGENS at concentrations above 5 %:

1,2-Dibromoethane,

4-Aminobiphenyl and/or its salts, Benzotrichloride, Benzidine
and/or salts, Bis (chloromethyl) ether, Chloromethyl methyl
ether,
Dimethyl
sulphate, Dimethylcarbamoyl chloride, 1,2-Dibromo-3-chloro-
propane,
Dimethylnitrosomine,
Hexamethylphosphoric triamide, Hydrazine, 2-Naphtylamine
and/or salts, 4-Nitrodiphenyl, and 1,3 Propanesultone

1,2-Dimethylhydrazine,

sulphate,

Diethyl

0,5

2(cid:146)

3.

In Part 1 the entry (cid:145)Automotive petrol and other petroleum spirits(cid:146) is replaced by the following:

(cid:145)Petroleum products:

(a) gasolines and naphthas,

(b) kerosenes (including jet fuels),

(c) gas oils (including diesel fuels, home heating oils and gas oil

blending streams)(cid:146)

2 500

25 000

4.

In Part 2 the entries 4 (cid:145)EXPLOSIVE(cid:146) and 5 (cid:145)EXPLOSIVE(cid:146) are replaced by the following:

(cid:145)4. EXPLOSIVE (see Note 2)

where the substance or preparation falls under HD 1.4

5. EXPLOSIVE (see Note 2).

where the substance or preparation falls under any of: HD 1.1,
HD 1.2, HD 1.3, HD 1.5, HD 1.6, R2, R3

50

10

200

50(cid:146)

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5.

In Part 2 entry 9 (cid:145)DANGEROUS FOR THE ENVIRONMENT(cid:146) is replaced by the following:

(cid:145)9. DANGEROUS FOR THE ENVIRONMENT risk phrases:

(i) R50: (cid:147)Very toxic to aquatic organisms(cid:148) (including R50/53)

(ii) R51/53: (cid:147)Toxic to aquatic organisms(cid:148); and (cid:147)May cause long

term adverse effects in the aquatic environment(cid:148)

100

200

200

500(cid:146)

6.

In the Notes to Part 2, Note 1 is replaced by the following:

(cid:145)1. Substances and preparations are classified according to the following Directives and their current adaptation to

technical progress:

(cid:151) Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and adminis-

trative provisions relating to the classification, packaging and labelling of dangerous substances (1)

(cid:151) Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the
approximation of laws, regulations and administrative provisions of the Member States relating to the
classification, packaging and labelling of dangerous preparations (2)

(cid:151) Council Directive 94/55/EC of 21 November 1994 on the approximation of the laws of the Member States

with regard to the transport of dangerous goods by road (3) (UN/ADR classification scheme)

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. However, for the application of the summation rule
in Note 4 of these Notes, the threshold used shall always be the one corresponding to the classification
concerned.

For the purposes of this Directive, the Commission shall establish and keep up to date a list of substances
which have been classified into the above categories by harmonised decision in accordance with Directive
67/548/EEC.(cid:146)

7. In the Notes to Part 2, Note 2 is replaced by the following:

(cid:145)2.
(cid:147)Explosive(cid:148) means a substance or preparation which is classified with risk phrase R2 or R3, or which is
classified in any of the hazard divisions HD1.1 to HD1.6 according to the UN/ADR classification scheme. Included
in this definition are pyrotechnics, which for the purposes of this Directive are defined as substances (or mixtures of
substances) designated to produce heat,
light, sound, gas or smoke or a combination of such effects through
self-sustained exothermic chemical reactions.

The hazard divisions and risk phrases concerned are:

HD 1.1: (cid:147)Substances and articles which have a mass explosion hazard. (A mass explosion is an explosion which

affects almost the entire load virtually instantaneously).(cid:148)

HD 1.2: (cid:147)Substances and articles which have a projection hazard but not a mass explosion hazard.(cid:148)

HD 1.3: (cid:147)Substances and articles which have a fire hazard and either a minor blast hazard or a minor projection
hazard or both, but not a mass explosion hazard: (a) combustion of which gives rise to considerable
radiant heat; or (b) which burn one after another, producing minor blast or projection effects or both.(cid:148)

(1) OJ 196, 16.8.1967, p. 1. Directive as last amended by Commission Directive 2000/33/EC (OJ L 136, 8.6.2000, p. 90).
(2) OJ L 200, 30.7.1999, p. 1.
(3) OJ L 319, 12.12.1994, p. 7. Directive as last amended by Commission Directive 2001/7/EC (OJ L 30, 1.2.2001, p. 43).

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HD 1.4: (cid:147)Substances and articles which present only a slight risk in the event of ignition or initiation during
carriage The effects are largely confined to the package and no projection of fragments of appreciable size
or range is to be expected. An external fire shall not cause virtually instantaneous explosion of virtually the
entire contents of the package.(cid:148)

HD 1.5: (cid:147)Very insensitive substances having a mass explosion hazard which are so insensitive that there is very little
probability of initiation or of transition from burning to detonation under normal conditions of carriage.
As a minimum requirement they shall not explode in the external fire test.(cid:148)

HD 1.6: (cid:147)Extremely insensitive articles which do not have a mass explosion hazard. The articles contain only
extremely insensitive detonating substances and demonstrate a negligible probability of accidental initiation
or propagation. The risk is limited to the explosion of a single article.(cid:148)

R2: (cid:147)Substances or preparations which create the risk of an explosion by shock, friction, fire or other sources of

ignition(cid:148)

R3: (cid:147)Substances or preparations which create extreme risks of explosion by shock, friction, fire or other sources of

ignition(cid:148)

In the case of objects containing explosive or pyrotechnic substances or preparations,
if the quantity of the
substance or preparation contained in the object is known, that quantity shall be considered for the purposes of
this Directive. If the quantity is not known, then for the purposes of this Directive the whole object shall be treated
as explosive.(cid:146)

8. In the Notes to Part 2, Note 3 (b) 1, second indent, is replaced by the following:

(cid:145)(cid:151) substances and preparations which have a flash point lower than 55 (cid:176)C and which remain liquid under
pressure, where particular processing conditions, such as high pressure or high temperature, may create
major-accident hazards;(cid:146)

9. In the Notes to Part 2, Note 3 (c) 2 is replaced by the following:

(cid:145)2. gases which are flammable in contact with air at ambient temperature and pressure (risk phrase R12, second

indent), which are in a gaseous or supercritical state, and(cid:146)

10. In the Notes to Part 2, Note 3 (c) 3 is replaced by the following:

(cid:145)3. flammable liquid substances and preparations maintained at a temperature above their boiling point.(cid:146)

11. In the Notes to Part 2, Note 4 is replaced by the following:

(cid:145)4. In the case of an establishment where no individual substance or preparation is present in a quantity above or
equal to the relevant qualifying quantities, the following summation rule shall be applied to determine whether
the establishment is covered by the relevant requirements of this Directive.

This Directive shall apply if the sum

q1/QU + q2/QU + q3/QU + q4/QU + q5/QU + . . . is greater than or equal to 1,

where qx = the quantity of dangerous substances x (or category of dangerous substances) falling within Parts 1 or
2 of this Annex,

and QU = the relevant threshold quantity from column 3 of Parts 1 or 2.

This Directive shall apply, with the exception of Articles 9, 11 and 13, if the sum

q1/QL + q2/QL + q3/QL + q4/QL + q5/QL + . . . is greater than or equal to 1,

where qx = the quantity of dangerous substances x (or category of dangerous substances) falling within Parts 1 or
2 of this Annex,

and QL = the relevant threshold quantity from column 2 of Parts 1 or 2.

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This summation rule shall be used to assess the overall hazards associated with: toxicity, flammability, and
eco-toxicity. It must therefore be applied three times:

(a)

for the summation of substances and preparations named in Part 1 and classified as toxic or very toxic,
together with substances and preparations falling into categories 1 or 2;

(b) for the summation of substances and preparations named in Part 1 and classified as oxidising, explosive,
flammable, highly flammable, or extremely flammable, together with substances and preparations falling
into categories 3, 4, 5, 6, 7a, 7b or 8;

(c)

for the summation of substances and preparations falling into categories 9 (i) or 9 (ii).

The relevant provisions of the Directive apply if any of the sums obtained by (a), (b) or (c) is greater than or
equal to 1.(cid:146)