CELEX: 51985PC0572
Language: en
Date: 1985-10-24
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 82/501/EEC ON THE MAJOR-ACCIDENT HAZARDS OF CERTAIN INDUSTRIAL ACTIVITIES

26.11. 85                               Official Journal of the European Communities                              No C 305/9
                                                                II
                                                        (Preparatory Acts)
                                                  COMMISSION
              Proposal for a Council Directive amending Directive 82/501/EEC on the major-accident
                                              hazards of certain industrial activities
                                                       COM(85) 572 final
                               (Submitted by the Commission to the Council on 4 November 1985)
                                                         (85/C 305/07)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             Whereas it is necessary to define more closely some subs-
                                                                     tances or groups of substances and to amend the
 Having regard to the Treaty establishing the European               corresponding threshold quantities in order to reflect the
 Economic Community, and in particular Articles 100 and              different range of hazards posed by the different forms
 235 thereof,                                                        and types of these substances or groups of substances;
Having regard to the proposal from the Commission,
                                                                    Whereas ammonium nitrate, sodium chlorate and liquid
Having regard to the opinion of the European Par-                    oxygen are, according to present technical knowledge,
liament,                                                             always in a state which gives them properties capable of
                                                                     creating a major-accident hazard;
Having regard to the opinion of the Economic and
Social Committee,                                                   Whereas it seems opportune to combine the first and
                                                                    second indents of Annex I (1); whereas it seems
Whereas Article 19 of Council Directive 82/501/EEC O                necessary to make it clear that Annex 1(1) covers instal-
requires the Council to review, on a proposal from the              lations for the production, processing or treatment of
Commission, Annexes I, II and III thereof at the latest             organic or inorganic chemicals;
by 8 January 1986;
Whereas for the protection of man and the environment               Whereas it seems necessary to make it clear that the list
and safety and health protection at work it is appropriate          of processes set out in Annex 1(1) is not exhaustive, but
to reinforce the provisions of the Directive 82/501/EEC             merely gives examples of some important operations and
with regard to some industrial activities which involve or          that all other operations which could be used for the
may involve particularly dangerous substances;                      production, processing or treatment of organic or
                                                                    inorganic chemicals are also covered by this Annex;
Whereas for some particularly toxic substances it is
necessary to lower the threshold quantities set out in              Whereas the Advisory Committee on Safety, Hygiene
Annexes II and III in order that all industrial activities          and Health Protection at Work, set up by Council
which involve or may involve these substances in                    Decision 74/325/EEC (2), has been consulted,
quantities equal to or above the given threshold levels are
covered by Article 5 of Directive 82/501/EEC, with a
view to reducing the hazards of major accidents and                 HAS ADOPTED THIS DIRECTIVE:
enabling the necessary steps to be taken to reduce their
consequences;
                                                                                               Article 1
Whereas it is necessary to cover the industrial activities          Directive 82/501/EEC is hereby amended as follows:
which involve or may involve sulphur trioxide and liquid
oxygen and the isolated storage of sulphur trioxide, as
they may have serious consequences for man and the                  1. Annexes I, II and III are amended in accordance with
environment in the event of a major accident;                           the Annex hereto.
Whereas the hazard presented by sulphur dioxide in                  2. In Article 9 (3), '8 January 1985' is in each case
isolated storage is the same as that presented by sulphur               replaced by '[the date in question — six months
dioxide in industrial activities;                                       following notification]'.
0) OJ No L 230, 5. 8. 1982, p. 1.                                   (2) OJ No L 185, 9. 7. 1974, p. 15.
 ---pagebreak--- No C 305/10                                  Official Journal of the European Communities                                             26.11.85
                             Article 2                                        2.     Member States shall communicate to the
                                                                              Commission the provisions of national law which they
1.   Member States shall take the measures necessary to                       adopt in the field covered by this Directive.
comply with this Directive at the latest on 30 November                                                       Article 3
1986. They shall forthwith inform the Commission
thereof.                                                                      This Directive is addressed to the Member States.
                                                                    ANNEX
            1. Annex I:
               Industrial installations within the meaning of Article 1
               (a) In 1, first indent, the words 'Installations for the production or processing of organic and inorganic
                     chemicals using for this purpose, in particular:' are replaced by the following words:
                     'Installations for the production, processing or treatment of organic or inorganic chemicals using for
                     this purpose, amongst others:'
               (b) In 1, second indent, the words 'Installations for the processing of organic and inorganic chemical
                     substances, using for this purpose, in particular:' are deleted and the rest of this indent becomes part
                     of the first indent.
               (c) 4, 'Installations for the production or processing of energy gases, for example, LPG, LNG, SNG' is
                     replaced by the following:
                     'Installations for the production, processing or treatment of energy gases, for example LPG, LNG,
                     SNG'.
           2. Annex II:
               Storage at installations other than those covered by Annex I ('isolated storage')
               (a) Footnote (') referring to 'Flammable gases as defined in Annex IV (c) (i)' is deleted.
               (b) Footnote (2) referring to 'ammonium nitrate', 'sodium chlorate' and 'liquid oxygen' is deleted.
               (c) The quantities of the substance chlorine are replaced by the following quantities:
                                                                   Quantities (tonnes) >
                                                  For application of                   For application of
                                                   Articles 3 and 4                        Article 5
                                                           10                                  50
               (d) The designation and the quantities of the substance ammonium nitrate are replaced by the
                     following:
                                                                                                    Quantities (tonnes) >
                                                                                         For application of        For application of
                                                                                          Articles 3 and 4             Article 5
                     7 (a) Ammonium nitrate (')                                                 250                      2 500
                     7 (b) Ammonium nitrate in the form of fertilizers (2)                      500                      5 000
           (') This includes mixtures of ammonium nitrate where the nitrogen content derived from the ammonium nitrate is
               > 28 % by weight and aqueous solutions of ammonium nitrate where the concentration of ammonium nitrate is
               > 90 % by weight.
           (2) This applies to straight ammonium nitrate fertilizers which comply with the Directive 80/876/EEC and to compound
               fertilizers where the nitrogen content derived from the ammonium nitrate is > 28 °/o by weight (a compound fertilizer
               contains ammonium nitrate together with phosphate and/or potash).
 ---pagebreak--- 26.11.85                                   Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                             N o C 305/11
              (e) T h e following substance is a d d e d :
                                                                                                         Quantities (tonnes) >
                                                                                            For application of          For application of
                                                                                             Articles 3 and 4               Article 5
                    10. Sulphur trioxide                                                            15                         50
          3. Annex HI:
              List of substances for the application of Article 5
              (a) The footnote (') referring to 'ammonium nitrate' and 'sodium chlorate' is deleted.
              (b) The designation and quantity of the substance No 146 'ammonium nitrate' are replaced by the
                   following:
                                                 Name                                     Quantity >           CAS No           EEC No
                    146 (a) Ammonium nitrate (')                                              2 500
                    146 (b) Ammonium nitrate in the form of fertilizers (2)                   5 000
              (c) The designation and quantity of the entry N o 118 'cobalt (powders and compounds)' are replaced
                   by the following:
                                                Name                                      Quantity >           CAS No.          EEC No
                    118 (a) Cobalt metal, oxides, carbonates, sulphides, as
                            powders                                                          500 kg
                    118 (b) Cobalt chlorides                                                5 tonnes
             (d) The designation and quantity of the entry No 119 'nickel (powders and compounds)' are replaced
                   by the following:
                                                Name                                      Quantity >           CAS No           EEC No
                    119(a) Nickel metal, oxides, carbonates, sulphides, as
                            powders                                                          100 kg
                    119(b) Nickel chlorides                                                 5 tonnes
                    119(c) Nickel sulphates                                                 5 tonnes
             (e) The quantity of the substance No 15 'carbonyl chloride (Phosgene)' is replaced by the following
                   quantity:
                                                                         1 tonne
             (f) The quantity of the substance No 16 'chlorine' is replaced by the following quantity:
                                                                        10 tonnes
             (g) The quantity of the substance No 36 'methyl isocyanate' is replaced by the following quantity:
                                                                         150 kg
             (h) The quantity of the substance No 148 'sulphur dioxide' is replaced by the following quantity:
                                                                       500 tonnes
         (') This includes mixtures of ammonium nitrate where the nitrogen content derived from the ammonium nitrate is
             > 28 % by weight and aqueous solutions of ammonium nitrate where the concentration of ammonium nitrate is
             > 90 % by weight.
          2
         ( ) This applies to straight ammonium nitrate fertilizers which comply with the Directive 80/876/EEC and to compound
             fertilizers where the nitrogen content derived from the ammonium nitrate is > 28 % by weight (a compound fertilizer
             contains ammonium nitrate together with phosphate and/or potash).
 ---pagebreak--- No C 305/12                          Official Journal of the European Communities                   26.11.85
            (i) The following substance is added:
                                     Name                       Quantity >     CAS No    EEC No
                179 Liquid oxygen                              2 000 tonnes  7782-44-7 008-001-00-8
            (j) The following substance is added:
                                     Name                       Quantity >     CAS No     EEC No
                180 Sulphur trioxide                             25 tonnes   7446-11-9