CELEX: 51979PC0384
Language: en
Date: 1979-07-16
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON THE MAJOR ACCIDENT HAZARDS OF CERTAIN INDUSTRIAL ACTIVITIES (presented by the Commission to the Council)

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 ---pagebreak---                                                            i
   COMMISSION OF THE EUROPEAN COMMUNITIES
                                        COM(79)384 final
                                        Brussels . 16 th July 1979
                                                                   /
                       PROPOSAL FOR A COUNCIL DIRECTIVE
                       ON THE MAJOR ACCIDENT HAZARDS OF
                        CERTAIN INDUSTRIAL ACTIVITIES
                 (presented by the Commission to the Council )
C0M<79 ) 384 final
 ---pagebreak---                       EXPLANATORY MEMORANDUM
I.   INTRODUCTION
The major accidents due to industrial activities and involving
dangerous substances which have occurred in recent years in the
                                                  I
various Member States have justifiably roused public opinion,
social partners    and the authorities and led the various interested
parties in the Community to stiffen the measures to prevent major
accidents and to limit the consequences of any such accidents for man
and the environment .
Accidents like those at Flixbourough in 1974 > Beek in 1975 > Seveso
and Manfredonia in 1976 are only a few examples among others which
had dramatic consequences for man ,inside or outside the establishment , and
the environment . They all emphasize the need to tighten up and make more 1
specific the control which manufacturers themselves , and the public authoriti
must exercise over potentially hazardous industrial activities .
The debates held on this subject in the European Parliament and in
the Council following the Seveso disaster led the Commission to prepare
this proposal for a Directive .              >
Only recently , on 27 April 1979 > following the accident at Valbert , the
European Parliament again called on the Commission to draw up proposals
in this field with all speed .
This proposal comes under the action programmes on the environment
and or safety and health at work .   It is the product of work carried
out by the Commission , specific studies on the subject , discussions
with the European chemical industry within in CEFIC , and discussions
with national experts in an ad hoc Working Party which has held six
full meetings .
 ---pagebreak--- The Commission has also received the favourable opinion of the
Advisory Committee on Safety , Hygiene and Health Protection at
Work .
In addition, three Member States ( the Netherlands , the United
Kingdom and Italy ) have informed the Commission that they intend
to issue specific rules concerning the risk of major accidents .
Such a law was promulgated in the Netherlands in 1977 .
Policy concerning the prevention of major accidents is an important
aspect of the harmonious development of economic activities throughout
the Community referred to in Article 2 of the Treaty .
It has economic effects , the significance of which has gradually emerged
following industrial development .  The very great disparity in the
substance and application of the provisions concerning major accident
hazards which exists at present in the Community inevitably produces
distorsions of competition and has an unfavourable effect on the
smooth functioning of the common market , particularly by affecting
the ccst price of products .
However , different requirements from one region to another in the
Community as regards the types of industrial activity subject to
control and as regards the relevant data taken into account may give
rise to unbalanced investment conditions .  A proposal for a Directive
of this kind is therefore fully justified at Community level .
 ---pagebreak--- II .    LEGISLATION IN THE MEMBER STATES CONCERNING INDUSTRIAL
      , ACTIVITIES LIKELY TO CAUSE MAJOR ACCIDENTS
There has long teen a substantial "body of laws and legislative and
administrative instruments in the nine Member States of the Community
designed to protect man and the environment .                       1
Intended initially, more often than not , to make good any damage ,
over the ysars they have "become focused to an ever greater extent
on the protection first of all of man and then of the environment ,
either through new legislation or by transferring or extending the
objectives of existing legislation .                    -
It can therefore, be observed that the existing control and prevention
machinery with regard to certain types of pollution and nuisance due
to human activities is compartmentalized divided between several
              {                      •
administrative authorities . Focusing mainly on pollution control or
the protection of w -rkers in the normal operating conditions of
industrial activities, legislation i^s more often than not incomplete
as regards the risk of major accidents .
                       Ä.                   '                         '
Elements of law and regulation concerned with containing the risks
of major accidents inherent in certain industrial activities are to
be found in general and specific legislation on the environment or
the control of pollution caused by certain installations , in general
                                                î
legislation on health and safety at work and public health, and in
legislation on regional development .    The need to strength this
machinery has been felt in several Member States .
 ---pagebreak---                                                                           4
  Main legislation in force in the Member States
  Belgium
  The legislation in force today on insanitary , unpleasant or dangerous
  factories ( derived from the Napoleonic Decree of 15 October 1810 and
  the law of 5 May 1888 ) is incorporated in the General Protection at
  Work Regulation ( ll February 1946 ). It requires a licence for the
  building and operation of plant so classified ( on the basis of a nomen-
  clature)# The licence application must provide certain information
  ( plans , in particular ) and state the measures planned to prevent or
  mitigate disturbances affecting the surrounding area *
  The application and the decision are displayed publicly and in certain
  cases communicated in writing tcT those in the immediate vicinity of
- the establishment .
  Permanent surveillance and monitoring of the operating conditions
  imposed are carried out mainly by technical officials who have free
  access to the establishments .
  Denmark
  The Nature and Environmental Protection Law of 13 June 1973 introduced
  a system of licensirg at the construction stage for new polluting
  establishments ( listed establishments ) and for certain . modifications to
  existing establishments .    However , further provisions can always be
  imposed once the establishment is in operation, and existing facilities
  may be the subject of restrictions or, if necessary, prohibitions .
  The li6ence application must be supported by plans and descriptions
  needed in order to understand the projeot , an indication of the nature
  and extent of present or expected pollution, and the pollution-control
  measures which will be taken .
 ---pagebreak---                                                                        5
No provision is made for consulting and informing the public .
The Law requires those responsible for the industrial activities
in question to keep them under surveillance , and in particular to
inform the authorities of operating irregularities or failures capable
of causing significant pollution .
Federal Republ ic of Germany
The Federal Immission Protection Law of 15 March 1974 provides for
a system of licences for facilities producing substantial emissions ,
or concentrations of facilities ( on the basis of criteria set by the
Law , a list of categories of facilities requiring a licence being laid
down by Regulation).
A licence is needed for the building and operation of new facilities and
the conversion of existing facilities . Provision is also made for
simplified procedures involving fewer requirements and no publicity .
The licence application must contain precise information concerning
technical facilities , processes , the nature and quantity of substances ,
emissions , and measures to protect workers , people in the vicinity and
the environment . Updating if carried out every two years .
The public is consulted (in hearings which are public , but restricted to
those who have raised objections ), but has access only to a summary of
the file if it contains business secrets , and is informed of the decision
in the official gazettes and local press .
The regulation of 20 March 1975 on places of work provides - in respect
of fire and explosion hazards - for the drawing up of contingency plans
within firms and the organization of safety exercises .
 ---pagebreak---                                                                      6
France
The basis for legislation on the matter is the 1810 Decree ( see Belgium )
which was amended by the Laws of 19 December 1917 and 19 July 1976 .
The objectives of this Law relate to the amenity of the surronding
area, health , safety, sanitation, agriculture , nature and environmental
protection, and the conservation of beauty spots and monuments .
The list of facilities covered by the Law and subject to either a
licence ( granted after public enquiries ), or a declaration is given in
a nomenclature .
Existing facilities enjoy the acquired rights but are, nevertheless',
subject to the surveillance of the department for the inspection of
listed establishments and to certain formalities and contingent
technical measures .
The file of the prior survey ( which is available to the public for
consultation) must include maps and plans of the facility and the
surrounding area, an impact study, a study of major accident hazards and
first-aid resources , and an account of the facility 's conformity to
hygiene and safety rules .
Publicity for the inquiry and the final decision is achieved by means
of public notices and publication in local newspapers .    Facilities are
monitored by a body of inspectors with the right to inspect at all times .
Mention should also be made of the very important Nature Protection Law
of 10 July 1976 which makes impact studies compulsory.
The Code de Travail ( Labour Code) contains provisions regarding fire
                    «
and explosion hazards at work which cover requirements relating to
installations , operating procedures and behaviour in the event of accidents .
 ---pagebreak---                                                                          7.
"( Decrees of 15 March 1930 on plants where certain highly inflammable
 liquids are stored or handled and of 14 November 1962 on the protection
 of workers using electricity current ).
 The Decree of 20 March 1979 > on safety training, which also forms part of
 this Code , strengthens existing provisions for the informing of workers ,
 particularly as regards behaviour in the event of accident ,
 Ireland
 There is no general system for the monitoring of particular types of
 establishments , but instead legislation on specific subjects ( Public
 Health Act 1878 , Alkali Act 1906 , Local Authorities Acts 1963 and 1976 ,
 regional planning)# The latter Acts provide for licences for dangerous
 new establishments ( determined according to emissions ) and changes in use .
 They also empower a planning body to require an ecological impact report
 in addition to plans and general data on the facility .
 The planning procedure is entirely public ; any measures that are necessary
 can always be taken, case by case , by the planning authorities , which
 have full powers of inspection and surveillance .
 ---pagebreak---                                                                           8
Italy
Legislation is extremely disparate# There is an overall law
( Test 0 Unico ), relating to the 1934 Health Laws . There are many
 specific provisions , of which the following two important laws
should nevertheless be mentioned : Law No 615 of 1966 on measures
to control atmospheric pollution ( Anti-smog Law ) and Law No 219
of    1976 on rules for the protection of water against pollution
 ( Merli Law) repealing in this respect the relevant Articles of the
1934 Law .
The Health Laws subject insanitary industries to a prior declaration
 eystem #
Technical reports are provided for in the Anti-smog Law . Licences
are provided for in the Merli Law .
There are no provisions concerning publicity for the inquiry and the
decision .
Consequently , faced with this multiplicity of systems , the Italian
authorities have been prompted to prepare new legislation to make the
control of industrial activities more rational and coherent .
 Luxenbourg
The law of 16 April 1979        dangerous , insanitary or unpleasant establishments
and the Grand-Ducal Regulation of 16 April 1979 determining the list and
classification of dangerous , insanitary and unpleasant establishments
 constitute a complete reform of the Grand-Ducal Royal Decrees of 1872 *
and 1913 , which have 'keen repealed .
 ---pagebreak---                                                                     9
The provisions of the law of 16 April 1979 cover all industrial
establishments , installations or manufacturing processes , the
existence , running or operation of which may present   hazards or
inconvenience to the safety, health and comfort of the general
public , the neighbourhood or the staff, or to the environment .
Licence applications for the type of establishment referred to
in this Directive must be sent to the Inspectorate of Labour and
Mines .  The application must include information about the type
and location of the establishment , installations and processes to
be operated, the approximate quantities of products to be manu­
factured or stored , the measures planned to prevent or mitigate
the disadvantages which the establishment might cause , and the
approximate number of staff employed#
The Inspectorate of Labour and Mines may at all times ascertain
that the rules governing the operation of establishments subject
to this law are observed .
Netherlands
Licensing systems are provided for in a general law ( the 1952
Nuisance Law), a Decree specifying the establishment subject to a
licence, and specific laws (concerning air and water ).
These laws apply to the setting-up , putting into service and
alteration of establishments , and require a description of the site ,
the operations involved and pollution-control measures .
The public is consulted , but powers to keep matters confidential
are always reserved .
 ---pagebreak---                                                                        10.
             \
However, these laws vary, particularly as regards the amount of
information to "be provided or the degree of publicity to "be given
to an application *
Consequently , a general law on the environment has "been laid "before
Parliament , its object "being to unify legislation at the procedural
level .   There is also a proposal to include a provision for environ­
mental impact reports
In addition, the 1934 Safety Law , which protects workers , was
revised in 1977 » making it compulsory to draw up a detailed safety
report covering, among other things , accident hazards and the steps
to "be taken in the event of an accident within   the firm .
United Kingdom
There are many specific laws designed to control polluting or dangerous
establishments and protect the environment , e.g. the Alkali Act of 1906 .
However, special attention should be paid to the Health and Safety at
Work Act of 31 July 1974 *   This Act protects workers and also the general
public# Pursuarut to this Act , draft rules concerning major accidents
have been prepared which subject industrial plants to a system of noti­
fication consisting either of a simple declaration or a hazard survey report
containing detailed information on substances, plants, accident hazard
factors, prevention and control measures and emergency plans .
 ---pagebreak---                                                                    11 .
The obligation to notify depends on the nature and quantity of the
substances involved, and applies to new and existing facilities
and also when significant alterations are made,. the notification
must "be updated every two years .
                                                             \
 ---pagebreak---                                                                           12
III .       COMMENTS ON THIS PROPOSAL FOR A DIRECTIVE
1•     G eneral
Any industrial activity entails risks for man and the environment .
These risks can be divided into two categories :
(i)         routine risks in normal operating conditions ( e.g. a particular
            concentration of a dangerous substance , in the working environ­
            ment or a certain level of emissions into the environment );
( ii )      exceptional risks in abnormal operating conditions , i . e .
            risks of accidents : explosions , fires , massive emissions of
            dangerous substances when an activity gets out of control .
This proposal for a Directive covers the second category of risks and
seeks to prevent major accidents as far as possible and to limit, the
consequences of such accidents where they occur despite everything.
The risk of a major accident occurring depends essentially on the nature
of the substances in question, their quantity, the type of technological
process and the location of the industrial activity .
As it is unrealistic to imagine no risk situations , the first objective
is to reduce , as early as the design stage ,      and throughout the operation
of the plant facilities , the probability of such aocidents occuring, by
studying possible causes , monitoring critical points , anticipating
the combinations of events which might lead to an accident , introducing
safety measures which are correspondingly more stringent where factors
                        «
which w">uld increase the consequences of an accident for man and the
environment are involved .
 ---pagebreak---                                                                      13 .
The next objective is to prevent such an accident - should one .occur -
from turning into a disaster, and hence to limit the consequences
as much as possible * Surveillance and safety machinery must be set
up and contingency plans prepared.                   ' '
                                                /
But which industrial activities require to be controlled?
By what criteria are they to be determined? An essential parameter
is the nature of the substances which are or may be involved in the
industrial activity. Since 1967 , the Community has acquired consi­
derable experience and built up a corpus of legislation in the field
of dangerous substances and criteria for classifying them into cate­
gories of danger*. Let us recall , among other provisions , the 1967
Directive on dangerous substances * The 6th amendment to this Directive ,
which was adopted by the Council on 19 June 1979 » provides for a system
of premarketing for all new substances .                        <
This proposal for a Directive institutes rules designed to establish
a system of Commrrity standards concerning the premarketing phase,
i.e. the production phase *   It therefore covers industrial activities
which involve , or may involve , the categories of dangerous substances
defined in the 1967 Directive , i.e * substances which are explosive ,
oxidizing, easily flammable , flammable , toxic , harmful , corrosive,
irritant and hazardous to the environment .
Since industrial activity is concerned, account-must also be taken
or the production stages in which* such substances may be f)und, i.e.
as products necessary for the technological process, manufactured
products , by-products or waste .
                                                           /
 ---pagebreak---                                                                  14 .
The quantity of dangerous substanoes present in an industrial aotivity
is also to be considered, and estimates have been made of the
minimum quantities which should give rise to a major acoident *
This parameter makes it possible to select , to some extent , those
industrial activities whioh require to be subjected to systematic
checking. The next most important factors are the technology,
whioh must be the most reliable possible, and the site, in order to
proteot man and the environment in the event of an accident .
The proposal for a Directive applies to new industrial activities ,
any alteration with implications for the safety of an industrial
activity , and existing industrial activities for which certain periods
of grace are allowed *
The proposal for a Directive can be regarded as falling into two
parts with two different target areas *
The first part has the role of a framework directive intended to
cover any industrial activi L y, including certain storage conditions
which involve or may involve dangerous substances as defined in
general by Council Directive 67/548/EEC , In general , it provides
for taking the measures needed to prevent acoidents and to limit
the consequences of accidents which do occur *    It also requires
a safety report to be made available to the competent authorities
and provides for informing workers and the public in the surrounding
area *
The second part applies more particularly to industrial activities
which involve or may involve particularly dangerous substances ,
clearly defined in a list and by means of criteria in the Directive ,
which are present or potentially present in the industrial activity
in excess of a particular quantity *
 ---pagebreak---                                                                     15
The procedure chosen to monitor the safety of industrial activities
more systematically is the notification procedure , under which the
manufacturer sends the competent authorities a more detailed safety
report concerning the substances , facilities and points where major   i
accidents could occur .   This report will contain, among other things ,
an analysis of the reliability of the facilities , and wil seek to show
the hazards which they entail for man and the environment and the
safety measures needed as a result .
Its scope has been restricted so as to ensure that competent autho­
rities are not showed under with notification, as that would make
all monitoring impossible , but it has nevertheless been tailored to
cover the major accidents which have occurred in recent years *
The advantage of the notification procedure is that it allows of a
permanent dialogue between the various interested parties *   The role
of the public authorities , properly coordinated , should be geared
to the cheking of safety studies , the assessment of results and the
measures chosen and the monitoring of their application and effecti­
veness . However , they would have the right to impose , at any time ,
measures which they regard as necessary.
It is also essential to inform the workers and the public in the
surrounding area of the possible risks and to involve them in the
prevention and safety measures , thereby increasing the effectiveness
of the latter .
In addition, the proposal for a Directive provides for the competent
authorities to be notified of major accidents and for the Commission
to establish a data bank relating to accident hazards and major
accidents which have actually occurred, in order to improve safety.
                               »
 ---pagebreak---                                                                       16 .
An essential instrument with which to improve and "bring up to date
the means of preventing    accidents is the statistical machinery
which is needed in order to analyse facts , interpret them and assess
results and to make it possible to exchange and make use of the
experience acquired#
2.      Particular comments on certain Articles in the Directive
Arti cle 3
This Article sets forth the general principle that manufacturers must
take all requisite measures to prevent major accidents and to limit
the consequences of such accidents for man and the environment .
Article 4
This Article provides ( a ) for ensuring that the measures to be taken
xinder Article 3 have in fact been implemented, i.e. , the drawing up
of a safety report to be made available to the competent authorities and
( b ) for informing and training workers and informing the neighbouring
population.
Article 5
This Article , together with Annex II , contains the most important provi­
sions of the Directive , specifying the content of the notification :
information relating to substances, installations and the possible
occurrence of a major accident .
This notification must be updated periodically.
 ---pagebreak---                                                                      17 .
Artide 7
This Article specifies the functions of the authorities designated
'by the Member States :   in particular they will examine notifications ,
draw up external . emergency plans, take all requisite measures with
a view to preventing major accidents or limiting the consequences of
 suoh aooidents and carry out inspections and checks *
Article 8
Paragraph 2 provides for derogations for existing industrial activities
one extra year for enforcing the provisions as a whole, and three
years for applying Artiole 5 & B regards the substances oovered by the
specific list in Annex II , so as not to require immediately the fairly
considerable effort of carrying out tests on all existing substanoes *
                        /
Artide 9
          >                                                .
This Artiole concerns the information whioh manufacturers must give
to the oompetent authority in the event of a major accident .
Article 10
This Article speci fies the information which the Member States are to
send to the Commission : extracts form the notifications concerning the
hazards involved in the type of industrial activity in question, and
information about major aooidents occurring.
Article 11
This Artiole provides for the setting-up by the Commission of a data
bank ( for the information obtained under Article 10) to whioh the
Member States are to have access, and for the organization of exchanges
 of information*
 ---pagebreak---                                                                        18 .
Artide 13
The prooedure of the Committee on Adaptation to Teohnical Progress
applies to Annexes III , IV and V*
It also applies to Annex II ( l ) if the amendments are based on
Annex II ( 2 )* In other words, the specific list of substances fir
whioh notification is oompulsory can be adapted and added to as and
when the substances are classified in one of the categories LD 50 or LC 50
provided for in paragraph 2 of Annex II *   This in no way alters the
soope of the proposal for a Direotive , but makes it possible to remove
any doubts of the notifies and those of the competent authority due to
the lack of preoision of the LD 50 and LG 50 values *   Also the notifier
will be relieved of the need to establish data or carry out tests f >r
such a substance once it has been put on the speoific list *
Annex I
This Annex specifies the categories of dangerous substances and their
lower quantity limits whioh determine the inclusion of certain storage
facilities in the industrial activities covered by this proposal for
a Direotive *   The categories of dangerous substances have been selected
on the basis of the actual existence of large stores *
Annex II
This Annex is closely    linked with Article 5 and provides for the criteria
for activating the notification procedure *   These criteria are of two
kinds :  firstly, a specific list of dangerous substances or categories
of dangerous substances inoludes :
 ---pagebreak---                                                                        19 .
1«     Carcinogenic substances present in industrial processes , the
       effects of which could appear in man even after very brief
       contact or which persist in the environment and for which the
       quantitative threshold has "been fixed "by analogy with that of
       the most toxic substances :
                                            Γ           ; - ι -
2*     toxic gases :
               • • ■     ■■            ' .    '
3.     explosive or easily flammable gases and liquids .
For each substance or category of substances there is a lower quantitative
limit from which notification is compulsory . .
Secondly, a table sets out ranges of acute toxicity (LD 50 oral , LC 50
cutaneous , LC 50 Toy inhalation) with the corresponding quantitative
thresholds .
IV .    CONSULTATION OF THE EUROPEAN PARLIAMENT AND THE ECONOMIC AND
     ,  SOCIAL COMMITTEE
Since this proposal for a Directive is "based on Articles 100 and 235
of the Treaty setting up the European Economic Community, the Parliament
and the Economic and Sooial Committee must be consulted .
 ---pagebreak--- PROPOSAL FOR - A COUNCIL DIRECTIVE ON THE MAJOR ACCIDENT HAZARDS
                 OF CERTAIN INDUSTRIAL ACTIVITIES
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Eoonomic
Community, and in particular Articles 100 and 235 thereof,
Having regard to the Proposal from the Commission,
Having regard to the opinion of the European Parliament ,
Having regard to the opinion of the Eoonomic and Social Committee,
Having regard to the objectives and principles of a Community environ­
ment policy fixed by the action programmes of the European Communities
on the environment of 22 November 1973 ( l ) and 17 May 1977» and in
particular the principle that the best policy consists in preventing
the creation of pollution or nuisances at source ; and whereas to this end
technical progress must be conceived and directed so as to take into
account the concern for the protection of the environment :
(D     OJ No C 112 of . 20.1.2.1973, p.
(2)    0J No- C 139 of 13 . 6 ..1977 . p.
 ---pagebreak---                                                                         2a
Having regard to the objectives of a Community policy of health
and safety at work fixed by the Council Resolution of 29 June
1978      on an action programme of the European Communities on
safety and health at work < 3 ) / and in particular the principle that
the best policy consists in obviating possible accidents at source
by the integration of safety at the various stages of design,
construction and operation and by developing a spirit of health
and safety through education and training;             -
Whereas the Advisory Committee on Safety, Ifygiene and Health Protection
at tfork, set up by Council Decision 74/325/EEC ( 4), has been consulted;
Whereas safety and health protection at work     and     the protection
of the publio and the environment call for particular attention to
be given to certain industrial activities capable of causing major
 accidents ; whereas many such accidents have occurred in the Community
 during recent years and have had serious consequences for workers , and
 more generally , for the public and the environment ;
Whereas disparity between provisions already applicable or being pre­
pared in the various Member States on measures to prevent major acci­
dents and limit the consequences thereof for    man - and the envi­
ronment may create unequal conditions of competition and hence direc­
tly affect the functioning of the common market ; whereas the appraxima-t
tion of provisions laid down by laws , regulation or administrative
action laid down in Artiole 100 of the Treaty must therefore be imple­
mented in this field ;
Whereas it is -necessary to combine this approximation of laws with
 action by the Community aimed at attaining one of the Community objectives
 in the field of environmental protection and health and safety at work ;
 whereas, in pursuance of this aim , certain specific provisions
(3)    OJ No C.165 of 11 . 7*197?, p.
 (4 )  OJ No L 185 of 9.7,1974 , p.
 ---pagebreak--- must therefore be laid down; whereas , since the necessary powers
have not teen provided "by the Treaty, Article 235 of the Treaty
must be invoked ;
Whereas , for every industrial activity which uses or may use dangerous
substances and which, in the event of a major accident , would have
serious consequences for man and the environment , the manu­
facturer must take all necessary measures to prevent such aocidents
and limit the consequences thereof;
Whereas it is necessary to provide that the manufacturer shall draw
up a safety report to assess the hazards from major accidents and
reduce the probability thereof accordingly ;
Whereas the training and information of workers can play a particu­
larly important part in preventing major accidents and bringing the
situation under control in the event of such accidents ; whereas , moreover ,
 the holding of safety exercises within the undertaking can significantly
 help to reduce the consequences of a major accident ;
Whereas it is necessary to lay down that any person outside the
establishment liable to be affected by a major accident should be
appropriately informed of the hazards involved and of the safety
measures relating to such an accident ;
Whereas , in the case of industrial activities which involve or may involve
substances that are particularly dangerous in certain quantities ,
it is also necessary to provide that a more comprehensive report on safety
be supplied to the competent authorities , with a view to reducing the
 hazards of major accidents and enabling the necessary steps to be taken
to reduce the consequences thereof ; and whereas , in respect of every such
 activity, plans must be laid down for emergency action to be taken inside
or outside an establishment in which a major accident could occur , so that
such a situation may be dealt with rapidly and in a coordinated manner ;
 ---pagebreak--- Whereas , if a major aooident occur8 , the manufacturer must immedia­
tely inform the competent authorities and oommunicate the information
necessary for assessing the   impact        of that accident ;
Whereas the analysis of the hazards from major accidents by type of
industrial aotivity and the analysis of such    accidents at Community
level could significantly help to reduoe the hazards from major
acoidents of the same type and the consequences thereof in the future ,
                                   I
HAS ADOPTED THIS DIRECTIVE :
 ---pagebreak---                             Article 1
The aim of this Directive is to prevent major accidents which might
result from certain industrial activities and to limit     the consequences
of any such accidents for man and      the environment .
For the purposes of this Directive }
a)   "Industrial activity" means
     -  any operation carried out in an industrial establishment , together
         with all associated transport and storage within the .
         establishment ,       involving or possibly involving one or more
        dangerous substances in physical or chemical processes and capable
         of giving rise , in the event of a major accident , to serious conse-
        quenoes for man , and in particular , workers and the neighbouring
                                                               ν
         population , and the environment .
     r  any other storage under the conditions specified in Annex I.
 ---pagebreak---                                                                                      2.
      "b ) "Substances " means
            chemical elements and their compounds as they occur in the natural
            state or as produced by industry.
      c ) "Dangerous substances" means
            substances -capable of falling within the risk categories defined by
            Council Directive 67 / 548 / EEC of 27 June 1967 on the approximation
            of provisions laid down by law,       regulation and administrative action
            relating to the classification, packaging and labelling of dangerous
            substances . ( 1 ), in its version of           1979 ( 2).
                                                 \      '               v          '
      d ) "Manufacturer" means                                      «
            any person in charge of an industrial activity as defined in this
            article .
       e ) "Ma.jor accident " means
            a major emission, fire or explosion resulting from uncontrolled develop­
             ments .in the course of an industrial activity, leading to a serious,
             immediate or delayed, danger to man and/ or the environment , inside or
            outside the establishment , and involving one or more dangerous
            substances .                                                  -
                                       Article 2
This Directive does not apply to the following:
-    nuclear facilities and plants for the processing of radioactive substances
     and material ,                  ,    ■        ,
(1 ) QJ n* 196 of 16.8.1967 , p.1
( 2 ) QJ , i .
 ---pagebreak--- -   military installations ,
-    explosives factories ,
-   mining operations ,
-    installations for the elimination of toxic and dangerous waste , covered
    "by Community regulations .
                             Article 3
The Member States shall adopt the provisions necessary to ensure that , in
the case of any industrial activity as specified in Article 1 , the manu­
facturer is obliged to takealL the necessary measures to prevent major acci­
dents and to limit the consequences /or man     and - the environment .
                             Article 4
The Member States shall take the measures necessary to ensure that every
manufacturer is obligedt
-    to draw up a safety report concerning the risks of major accidents and
    make    it available to the competent authorities specified in Article ^ j
-    to inform any person working on the site of the risks of major accidents
    arising from the? industrial activity ;
 ---pagebreak--- -   to take adequate measures to ensure that all persons working on the
    site are appropriately trained and equipped as regards safety measures
    in connection with the risks of major accidents arising from the indus­
    trial activity;
_   to organize periodical safety drills ;
-   to update periodically the measures taken in accordance with the
    preceding indents,'
The Member States shall, take the necessary measures to ensure that persons
outside the establishment who are liable to be affected by a major accident
are informed in an appropriate manner of the risks in question and of the
safety measures relating to such an accident .             ♦
                            Article 5
If an industrial activity as defined in Article 1 involves or is recognized
as possibly involving the presence of one or more dangerous substances corres
ponding to the criteria laid down in Annex II , as :
-   products necessary for the technological process,
-   a product of manufacture .
-   by-products .
_   residues-
 ---pagebreak---                                                                       5.
the Member States, withour prejudice to A-rticle 4, shall take the necessary
measures to oblige the manufacturer to give the competent authorities as
specified in Artiole 7 notification of the following :
a)   information relating to substances corresponding to the criteria laid
     down in Annex lit
     -   data and information listed in Annex III ;
     -   phase of the activity in which the substances are involved or may
         be involved }
     -   quantity ( order of magnitude );
     -   nominal chemical and/or physical behaviour during the process ;
     -   forms in which the substances may occur or into which they may be
         transformed in the case of foreseeable irregularities ;
     -   other dangerous substances involved in the process.
                                              ι
b)   information relating to the installations :
     -   the geographical situation of the installation and predominant
         meteorological conditions ;
     -   the average number of persons working on the site ;
     -   a general description of the technological processes ;
     -   the safety limits of the technical equipment and the manufacturing
         processes control systems ;
     -   a reliability analysis ef the installations, an assessment of the
                    «
         risks of major aocidents and a description of the preventive
         measures planned ;
 ---pagebreak--- c)    information relating to the possible occurence of a major accident
      -   emergency plans , including safety equipment , alarm systems and
                                       \
          available methods of dealing internally with a major accident ;
      -   proposed emergency plains for use outside the establishment ;
      -   the names of a qualified person and his deputies responsible for
          safety and authorised to set the emergency plans in motion on their
          own responsibility and to alert the competent authorities specified .
          in Article 7*
In the case of new installations,the notification referred to in paragraph 1 . shall
be submitted to the competent authorities within a reasonable period before
the industrial aotivity commences#
The notification specified in paragraph 1 shal be updated periodically#
                             Article 6
In the oase of any modification of an industrial activity as specified in
Article 1 which could have consequences as regards the risk of a major accident ,
 the Member States shall take appropriate measures to ensure that the manufacurer :
–    revises the measures and safety report specified in Articles 3 and 4 5
-    informs the competent authorities referred to in Article 7 of any modifica­
    tion affecting the information contained in the notification specified in '
 ---pagebreak---                                                                            7
        Article 5 , within a reasonable period of time before the modifi­
        cation to the industrial activity is    undertaken .
                     y
                                Article 7
1. The Member States shall set up or appoint the competent authority or
   authorities who , without prejudice to the responsibility of the manufacturer,
   are to be responsible for ;-
   -    receiving the notification as specified in Article 5 a*id the communication
       relating to any modification as specified in Article 6 ;
   -    examining the information provided ;
   -    ensuring that an emergency        plan is drawn up for use outside the
        establishment in respect of whose industrial activity notification has
        been given ;
   and, if necessary, for
   -    requesting supplementary information:
                                                                         »
   -    stipulating at any time , after consultation with the manufacturer,
        appropriate measures in connection with the various operations involved
        in an industrial activity for which notification has been given, with
        a view to preventing major accidents and, providing means for limiting
                                                    ?
        the consequences thereof .
                       «
 ---pagebreak--- The competent authorities shall "be responsible for oarrying out
–    periodical   inspections at the site of an industrial
     aotivity for which, notification has been given ;
-    spot checks to ensure that the provisions set out in
     Articles 3 and 4 above are observed*
To this endf . the establishment and the plants must be accessible to the agents
o f the competent authorities of the Member State in question*
                            Article 8
The Member States shall take the necessary measures to ensure that no new
industrial activity or any modification which could affect the safety of an
existing industrial activity can be undertaken unless it fulfils the
conditions laid down in this Directive *           '   "
                             .      .   '        .                        I
In the case of existing industrial activities , the provisions laid down
in this Directive   shall   apply         within 1 year after the date specified
in Article 17»
The provisions of Article 5 shall however apply to these activities only if
they involve substances or categories of substanoes covered by the specific
list contained in Annex II , and with a time limit of 3 year after the date
specified in Article 17 «
                                            *
                            Article 9
The Member States shall take the necessary measures to ensure that f in the
event of a major accident , the manufacturer shall be compelled :
 ---pagebreak--- a)    to inform the competent authorities as specified in Article 7
      without delay ;
  ι
b)    to provide them without delay with the following information as soon
      as it becomes available ]
      -   the circumstances of the accident ;
      -   the dangerous substance^ involved ;
      -   the data available for assessing the effects of this accident on
          man and the environment ;
      -   the emergency measures taken.
c)    to inform them of the medium- and long-term action envisaged.
The Member States shall require the competent authorities :
a) to take any emergency and medium and long-term measures which may
    I>rove necessary ;
b) to collect , if appropriate, the information necessary for a full
     analysis of the major accident .
                              Article 10
Once a year , by       31 December, the Member States shall forward to the
Commission the information specified in Annex IV regarding the industrial '
activities carried out during that year and covered by the provisions of Articled
Such information shall not include the identity of the undertakings concerned .
In addition the Member States shall inform the Commission as soon as possible
of any major accident occuring on their territory and shall provide the
    *                                                    '         •       *"•
Commission with the information specified in Annex V as soon as xt becomes
available .
 ---pagebreak---                                                                             10
                                 Article 11  '
         f
1. The Commission shall set up a data bank , to which the Member States shall
   have access , containing information :
   -    on the risks of major accidents , considered by type of industrial
      • activity , on the hazards which might arise in the case of major
        accidents and on the appropriate measures for reducing the risks ;     •
   -    on majoi* accidents which have occurred within the territory of the
        Member States .
2. The Commission shall periodically organize an exchange of information on
   the topics referred in paragraph 1 with        a - view to improving prevention
   measures •
    -                             Article 12
1. The information obtained by the competent authorities in pursuance of
   Articles 5 , 6 and 7     and   by    the Commission ift pursuance of Article -
   1 0     may not be used for any purpose other than that for which it was
   requested.
                        ' '  '                                           I
2. With the exception of the information with which the public are to be
   provided as specified in Article 4 » and       that supplied to the persons
   responsible for safety and industrial medicine within the undertaking who
   are bound by the obligation of professional secrecy, the competent authorities
   of the Member States and the Commission , together with their officials and
   other agents , must not disclose any information obtained by virtue of
   Article * 5 , 6, 7 and 10(1 ).
                               «
                                         ■     .            <          i
3* The provisions of paragraphs l and 2 shall not preclude the publication of
   general statistical data or information on matters of safety , containing
   no specific details regfarding particular undertakings or groups of under­
   takings .
 ---pagebreak---                                                                                   11 .
                            J
                         Article   13
The modifications necessary for updating the Annex II , paragraph 1 , and
the Annexes III to V in the light of technological progress shall he laid
down in accordance with the procedure specified in Article 15 .
However, modification to Annex II ,               may he made in accordance with
the procedure laid down in Article 15 "below, only on the "basis of the criteria
laid down in Annex II , paragraph 2 .
                              Article 14
             \
There is hereby established a Committee for adapting this Directive in the
 Light of technological .progress hereinafter called ".the Committee "/, consisting
 of representatives of the Member States uncfer the xfigirmanship of a representa­
 tive of the Commission .
  The Committee shall draw up its own internal rules of procedure .
                              Article 15
  Proposals for the application of the procedure laid down in this Article
  shall "be put before the Committee by its Chairman, acting either on his own
  initiative or at the request of a representative of a Member State .
   The representative of the Commission shall submit to the Committee a proposal
                      *
   for measures "to be taken. The Committee shall issue its opinion on this
   proposal within a time limit which may be fixed by the Chairman in the light of
   the urgency of the question in hand. Pronouncements by the Committee shall be
   made by a majority of 41 votes , the votes of the Member States being weighted
   as laid down in Article 148 ( 2 ) of the EEC Treaty. The Chairman shall not
   take part in the voting.               .
   a)   The Commission shall introduce the proposed measures if they are in
        accordance with the opinion of the Committee .
 ---pagebreak---                                                                       12 .
b)   If the proposed measures are not in accordance with the opinion of the
     Committee , or in the absence of such an opinion, the Commission shall
     without delay submit to the Council a proposal regarding the measures
     to be taken.   The Council shall act by a qualified majority.
c)   If the Council fails to reach a decision within three months of recei­
     ving a proposal , the proposed measures shall be adopted by the Commis­
     sion .
                            Article 16
The Member States shall report to the Commission every three years on the
situation within their territory as regards the prevention of major accidents
and the reduction of their consequences , in the case of industrial activi­
ties as specified in Article 1 .
The Commission shall report to the Council and the European Parliament every
three years on the application of this Directive .
                            Article 17
The Member States shall bring into force the necessary provisions in order
to comply with this Directive by                   at the latest and shall
forthwith inform the Commission thereof .
The Member States shall communicate to the Commission the text of the provi­
sions of national law which they adopt in the field covered by this Directive .
                            Article 18
This Directive is addressed to the Member States .
 ---pagebreak---                             ANNEX I
   Categories of substances and quantities in connection with
storage as specified in the second paragraph of Article 1 . 2 . a )
        CATEGORIES OP SUBSTANCES              QUANTITIES
        Explosives                             > 5 t
        Easily flammable gases and            > 15 t
        liquids
        Flammable                             > 150 t
        Combust ive                         >1 000 t
    The above figures refer to the quantities per establishment , or per group
    of establishments belonging to the same manufacturer if the distance
    between each establishment is not more than 500 m.
                       «
    Any combustive substance which is also explosive automatically comes under
    the oategory "explosives ".
                                        y
 ---pagebreak---                                              ANNEX II
                           CRITERIA FOR THE APPLICATION OP ARTICLE 5
            The figures below refer to quantities per establishment , or per group of
            establishments belonging to the same manufacturer if the distance between
            each establishment is not more than 500 m.
            The specific list below shows the dangerous substances or categories of
            dangerous substances and the corresponding limits above which notification
            is compulsory.
                                  Substance or category of substances           Quantity V
 CAS Nr.            NOM
 53-96-3             2-Acetylaminofluorene ( 2-Fluorenylacetamide)                  kg
 92-67-1            4-Aminobiphenyl
 92-67-5                                                                            kg
                    Benzidine
                                                                                    kg
                    Dialkylnitrosamine                                              kg
 60-11-7            4-Dimethylaminoazobenaene                                       kg
 648-93-5           1-Metyl-1-ni trosourea         o                                kg
 91-59-9            2-Naphtylami ne                                                 kg
 92-93-3            4-Nitrobiphenyl                              ,
 13115-28-1                                                                         kg
                    3-Nitro-2-naphtylamine                                          kg
 1304-56-9          Beryllium oxide                                                 kg
 542-88-1           Bi s-( chloromethyl ) ether
 1633-83-6                                                                          kg
 1746-01-6
                    1 , 3-Ptopanesultone (l , 2-Qrathiolane-2, 2-dioxide)           kg
                    2 , 3, 7 » 8-Tetrachlorodiberao-p-dioxine                       kg
                   Arsenif and its inorganic compounds :
                    •      liquidq and gases                                      1 kg
                    •      solids                             -
                                                                               500 kg
7782-41 -4         Fluorine                                                      20
75-44-5            Phosgene                                                      20
7782-50-5          Chlorine                                        '    '      100
7783-06-4          Hydrogen sulphide ,                                         100
107-13-1           Acrylonitrile                                     V         200
74-90-8            Hydrogen cyanide                                            200
7746-09-5          Sulphur dioxide                                             200
75-15-0            Carbon disulfide                                            200
7726-95-6          Bromide                                                     400
7664-41 -7         Ammonia                        /"j                         1000
74-86-2           Acetylene (Ethyne )                                            20
1333-74-0          Hydrogen                                                      20
75-21-8           Etylene oxide                                                  50
75-56-9            Propylene oxide                                               50
                   Organic Peroxidés *                                           50
                  Nitrocellulose compounds                                     500
775-09-9          Sodium chlorate
6484-52-2                                                                   , 5000
                  Ammonium nitrate                            i               5000
7782-44-7          là qui d Gbcigen                                          10000
 ---pagebreak---                                   - 2 -
   Easily flammable gases                         ..                      150 t
   Liquids easily flammable at temperatures above their boiling
   point (at a pressure of 1 bar ) and at pressures greater than
   1.34 bar, including easily flammable gases in solution ....            200 t
   LPG ( e.g. commercial propane , butane and other mixtures ) . .        300 t
   Easily flammable liquified gases under refrigeration with
   boiling points below 0°C at a pressure of 1 bar                        500 t
   Easily flammable liquids                    ..                    100 000 t
2. The table below gives the LD 50 or LC 50 limits for all other dangerous
   substances and the corresponding quantity limits above which notification
   is compulsory. <
     LD 50 (or.) t1'       LD 50 (eut .)      LC 50 ^              Quantity
     mg/kg body            mg/kg body         mg/l (air)              (kg)
     weight              " weight
                1                   < 2                  0.02
     ^ LD 50< 5            2<LD 50 < 10     o.oa^LC 50 < 0.1        J^-500
 «
     5<LD 50Ç25         10< LD 50 < 50      O.lxLC 50 < 0,5        ^ 2 000
   (1 )  LD 50 oral in the rat
   ( 2)  LD 50 cutaneous in the rat or rabbit
   (3 ) LC 50 inhalation (4h) in the rat
 ---pagebreak---                              ANNEX III
    DATA AND INFORMATION TO BE SUBMITTED' IN THE NOTIFICATION
                     FROVIDED FOR IN ARTICLE 5
If it is not possible to provide any of the following information, reasons
must be given.
IPENTITY OF THE SUBSTANCE
Chemical name   y
CAS Ntunber
Same according to the IUPAC nomenclature
Other names
Bnpirical formula
Composition of the technical product
Purity (%)
Impurities , including
                   *
                        isomers and secondary products
Percentage of main impurities
Detection and determination methods available to the installation -
Description of the methods used or bibliographic references
Methods and precautions laid down by the manufacturer in oonneotion with
handling, storage and fire
Emergency methods laid down by the manufacturer in case of accidental
dispersion
Available methods of rendering the substance harmless
 ---pagebreak---                                      - 2 -
       Classification of the substance according to the principles laid down in
       Directive 67 /548 /EEC :
       -   Risk category of categories
                         t                           t
       -   Nature of the special risks : R phrases
       -   Safety advice : S phrases
    2) REASONS FOR NOTIFICATION
       Notification was required for this substance for the following reasons :
                           ι ·
       -   it is included on the specific list
       -   the LD 50 ( oral in the rat ) is between.........
           the LD 50 ( cutaneous in the rat or rabbit ) is
           between
           the LC 50 ( inhalation ( 4h ) in the rat ) is between..
                                              \
       -   the quantity involved or potentially involved is equal to or more
           than
           order of magnitude of quantities               '
. , 3) INDICATIONS OF RISKS
       -   For man :                         immédiate
                                             delayed .
           For the environment :             immédiate
                                                              S
                                             delayed .
 ---pagebreak---                              /
                               ANNEX IV   .
           V                                                      V
Information to "be submitted to the Commission by the Member States
                    in application of Article 10.1
     Type of activity
     Substance(s ) corresponding to the criteria laid down in Annex II,
     and quantities ( order of magnitude )
     Potential risks to man and the environment specific to the type of
     activity and processes ( summary)
     Emergency plans provided for within and outside the establishment
      ( sohematic description) ( including preventive measures ).   '
 ---pagebreak---                  \
                                  ANNEX V
   Information to be submitted to the Commission "by the Member States
                       in application of Article 10.2
    REPORT OF MAJOR ACCIDENT
    Member State :
    Authority responsible for report :
    Address :
1.  General data
    Date and time of the major accident :
    Country, Administrative region, etc .: -
    Address :
    Type of industrial activity:
2.  Type of major accident
    Explosion                             Pire               Emission of
                                                             dangerous
                                                             substances
    Substance (s ) emitted
3.  Description of the circumstances of the major accident
4.  Emergency measures taken
 ---pagebreak---                                      _ 2 -
5#     Cause of ma.jor accident
                                                        Not known
       Known
       If known :
                                                                1
       Human error
                                                                I
       Faulty equipment
       Design fault
                                                           CZI
       Organizational errors
                                                           cm
       Other
                                                           CZI
        ( Please specify)
6.     Nature and extent of damage
        a) Within the establishment
             -  Casualties                               *         killed
                                                         ••••••••  injured
                                                         ........  poisoned
                                                         ••••••••  exposed
             –   Material damage                           Ο
             – The danger is still present                  □
              – The danger no longer exists
         h ) Outside the establishment
              -  Casualties                                .......  killed
                                                                    injured
                                                           .......  poisoned
                                                                    exposed >■
                 Material damage
                 Damage to the environment
                 The danger is still present
                 The danger no longer exists
   7      Medium and long term measures , particularly those aimed at preventing the
     '    recurrence of similar major accidents . ( This information is to be submitted
          as it becames available ).