CELEX: 51988PC0124
Language: en
Date: 1988-03-17
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING FOR THE SECOND TIME DIRECTIVE 82/501/EEC ON THE MAJOR-ACCIDENT HAZARDS OF CERTAIN INDUSTRIAL ACTIVITIES

N o C 119/2                              Official Journal of the European Communities                                    6. 5. 88
                                                                II
                                                         (Preparatory Acts)
                                                   COMMISSION
             Proposal for a Council Directive amending for the second time Directive 82/501/EEC on the
                                      major-accident hazards of certain industrial activities
                                                        COM(88) 124 final
                               (Submitted by the Commission to the Council on 22 March 1988)
                                                           (88/C 119/02)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             Whereas the provisions with regard to information to the
                                                                     public laid down in Article 8 of Directive 82/501/EEC,
                                                                     need to be strengthened and better defined in order to
Having regard to the Treaty establishing the European
                                                                     ensure that any person liable to be affected by a major
Economic Community, and in particular Article 130S
                                                                     accident originating in a notified industrial activity
thereof,
                                                                     within the meaning of Article 5, is appropriately and
                                                                     effectively informed, in a harmonized way throughout
Having regard to the proposal from the Commission,                   the whole Community, on all matters relating to safety;
                                                                     whereas area and persons liable to be affected are
                                                                     defined by the emergency plans of the industrial acti-
In cooperation with the European Parliament,                         vities;
                                                                     Whereas it is necessary that the content of the infor-
Having regard to the opinion of the Economic and
                                                                     mation referred to in Article 8 of Directive 82/501 / E E C
Social Committee,
                                                                     shall be clearly specified; whereas, in order to mitigate
                                                                     the consequences of a major accident, the persons
Whereas the protection of man and the environment                    concerned need to know the potential hazards and the
calls for the provisions of Council                   Directive      measures to be taken; whereas it is necessary that such
82/501/EEC (') to be strengthened with regard to the                 information has to be communicated on an active basis
storage of dangerous substances or preparations;                     to the concerned persons without a request being made,
                                                                     through some kind of public information media, such as
                                                                     leaflets or information boards;
Whereas the storage of dangerous substances or prepar-
ations presents a major-accident hazard both when the                Whereas the Council of the Environment Ministers in its
storage is associated with an industrial operation and               resolution adopted om 24 November 1986, has invited
when the storage is isolated or located within an instal-            the Commission to review the Community measures for
lation, without being associated with an industrial                  the prevention of major accidents and the limitation of
operation;                                                           their consequences and, if necessary, to present appro-
                                                                     priate proposals;
Whereas it is necessary that the provisions of Directive             Whereas the Advisory Committee on Safety, Hygiene
82/501/EEC be extended to the storage of dangerous                   and Health Protection at Work, set up by Council
substances or preparations in bulk and in packaged form;             Decision 74/325/EEC (2) has been consulted,
Whereas the storage of dangerous substances or prepar-               HAS ADOPTED THIS DIRECTIVE:
ations to which Directive 82/501/EEC should be applied
can be identified by a list of chemical names or by a list                                      Article 1
of categories of danger according to the classification
and labelling requirements laid down in other relevant               Directive 82/501/EEC is amended as follows:
Community Directives, together with their respective
                                                                      1. Article 8.1 is replaced by the following:
threshold quantities; whereas such categories of
substances or preparations should be the ones classified                 'Member States shall ensure that persons liable to be
as 'very toxic', 'toxic', 'explosive', 'oxidizing', 'extremely           affected by a major accident originating in a notified
flammable' and 'highly flammable';                                       industrial activity within the meaning of Article 5 are
O OJ No L 230, 5. 8. 1982, p. 1.                                     (2) OJ No L 185, 9. 7. 1974, p. 15.
 ---pagebreak--- 6. 5. 88                                  Official Journal of the European Communities                                     No C 119/3
   informed in an appropriate manner of the safety                      2.    In this case also, the declaration provided for in
   measures and of the correct behaviour to adopt in the                Article 9 (3) of Directive 82/501/EEC shall be submitted
   event of an accident.                                                to the competent authority at the latest on                  (24
                                                                        months after its notification) and the supplementary
   The information shall be communicated to the                         declaration provided for in Article 9 (4) of Directive
   abovementioned persons without their request and                     82/501 /EEC shall be submitted to the competent
   shall also be published. Such information shall at least             authority at the latest on             (5 years after its notifi-
   contain the items laid down in Annex VII and shall be                cation).
   repeated and updated at appropriate intervals.'
                                                                                                   Article 3
2. Annex II is replaced by Annex I hereto.
                                                                        1.    Member States shall take the measures necessary to
                                                                        comply with this Directive at the latest on                  (18
3. Annex II hereto is added to the Directive as Annex                   months after its notification). They shall forthwith
   VII.                                                                 inform the Commission thereof.
                            Article 2                                   2.    Member States shall communicate to the
                                                                        Commission the provisions of national law which they
1.    In the case of existing industrial activities which               adopt in the field covered by this Directive.
will be subject to the provisions of Directive
82/501/EEC for the first time following adoption of this
                                                                                                   Article 4
amendment, this Directive shall apply at the latest on
         (24 months after its notification).                            This Directive is addressed to the Member States.
                                                              ANNEX I
                                                               Annex II
                        Storage of dangerous substances other than that covered by Article 1.2 (a), first indent
              Storage is storage of dangerous substances at any place, installation, premises, building or area of land,
              isolated or within an establishment, except where that storage is associated with an installation covered by
              Annex I.
              The quantities set out below in Parts I and II relate to each storage or group of storage belonging to the
              same manufacturer where the distance between the storage is not sufficient to avoid, in foreseeable circum-
              stances, any aggravation of major-accident hazards. These quantities apply in any case to each group of
              storage belonging to the same manufacturer where the distance between the storage is less than 500 metres.
              The quantities to be considered are the maximum quantities which are, or are liable to be, in storage at any
              one time.
 ---pagebreak--- N o C 119/4                                  Official Journal of the European Communities
                                                                     PART I
                                                                 Named substances
            In the case where a substance (or a group of substances) listed in Part I falls also within a category of Part
            II, the quantities set out in Part I should be used.
                                                                                                  Quantities (tonnes) >
                                Substances or groups of substances                       For application          For application
                                                                                       of Articles 3 and 4         of Article 5
              1. Acrylonitrile                                                                 20                        200
             2. Ammonia                                                                        50                       500
             3. Chlorine                                                                       10                          75
             4. Sulphur dioxide                                                                25                       250
             5. Ammonium nitrate (')                                                         350                      2 500
             6. Ammonium nitrate in the form of fertilizers (2)                            1 250                     10 000
             7. Sodium chlorate                                                                25                       250
             8. Liquid oxygen                                                                200                      2 000
             9. Sulphur trioxide                                                               15                       100
           10. Carbonyl chloride (phosgene)                                                     0,750                       0,750
           11. Hydrogen sulphide                                                                5                         50
           12. Hydrogen fluoride                                                                5                         50
           13. Hydrogen cyanide                                                                 5                         20
           14. Carbon disulphide                                                              20                        200
           15. Bromine                                                                        50                        500
           16. Acetylene                                                                        5                         50
           17. Hydrogen                                                                         5                         50
           18. Ethylene oxide                                                                   5                         50
           19. Propylene oxide                                                                  5                         50
          20. 2-Propenal (acrolein)                                                           20                        200
          21. Formaldehyde (concentration > 90 %)                                               5                         50
          22. Bromomethane (methyl bromide)                                                   20                        200
          23. Methyl isocyanate                                                                 0,150                       0,150
          24. Tetraethyl lead or tetramethyl lead                                               5                         50
          25. 1,2 Dibromoethane (ethylene dibromide)                                            5                         50
          26. Hydrogen chloride (liquefied gas)                                               25                        250
          27. Diisocyanato-diphenylmethane (MDI)                                              20                       200
          28. Tolylene diisocyanate (TDI)                                                       5                         50
          (') This applies to ammonium nitrate and 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.
          (') This applies to straight ammonium nitrate fertilizers which comply with 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--- 6. 5. 88                                    Official J o u r n a l of the E u r o p e a n Communities                                     NoC 119/5
                                                                       PART II
                               Categories of substances and preparations not specifically named in Part I
         The quantities of different substances and preparations of the same category are cumulative. Where there is
         more than one category specified in the same entry, the quantities of all substances and preparations of the
         specified categories in that entry must be summed up.
                                                                                                      Quantities (tonnes) >
                          Categories of substances and preparations (')                     For application           For application
                                                                                          of Articles 3 and 4         of Article 5 (2)
         1. Substances and preparations that are classified as 'very
              toxic'                                                                                  5                        10
         2. Substances and preparations that are classified as 'very
              toxic', 'toxic', 'oxidizing' or 'explosive'                                            10                       100
         3. Gaseous substances and preparations, including those in
              liquefied form, which are gaseous at normal pressure and
              which are classified as 'highly flammable' (s)                                         50                      200
         4. Substances and preparations (excluding gaseous substances
              covered under item 3 above) which are classified as 'highly
              flammable' or 'extremely flammable' (4)                                             5 000                  50 000
         (') The categories of substances and preparations are as defined in the following Directives and their amendments:
              — Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative
                  provisions relating to the classification, packaging and labelling of dangerous substances,
              — Council Directive 73/173/EEC of 4 June 1973 on the approximation of Member States' laws, regulations and
                  administrative provisions relating to the classification, packaging and labelling of dangerous preparations (solvents),
              — Council Directive 77/728/EEC of 7 November 1977 on the approximation of the laws, regulations and adminis-
                  trative provisions of the Member States relating to the classification, packaging and labelling of paints, varnishes,
                  printing inks, adhesives and similar products,
              — Council Directive 78/631/EEC of 26 June 1978 on the approximation of the laws of the Member States relating to
                  the classification, packaging and labelling of dangerous preparations (pesticides),
              — Council Directive              on the approximation of the laws, regulations and administrative provisions of the
                  Member States relating to the classification, packaging and labelling of dangerous preparations (under discussion).
          2
         ( ) Article 5.1 (a) and (b), third indent, applies where appropriate.
         (') This includes flammable gases as defined in Annex IV (c) (i).
         (4) This includes highly flammable liquids as defined in Annex IV (c) (ii).
                                                                      ANNEX       II
                                                                       Annex    VII
                         Items of information to be communicated to the public in application of Article 8.1
           (a) Name of company and address of site;
           (b) Identification, by position, of the person giving the information;
           (c) Confirmation that the site is subject to the current regulations and/or administrative provisions
                concerning the industrial activities and that the notification referred to in Article 5, or at least the
                declaration provided for in Article 9 (3), has been submitted to the competent authority;
           (d) An explanation in simple terms of the activity undertaken on the site;
           (e) The common names or, if not possible, the generic names or the general danger classification of the
                substances involved on site which could give rise to a major accident, with an indication of their
                principal dangerous characteristics;
           (f) General information relating to the nature of the major-accident hazards, including their potential
                effects on the population and the environment;
 ---pagebreak--- No C 119/6                                  Official Journal of,the European Communities                                     6. 5. 88
              (g) Details on how the population concerned will be warned and kept informed in the event of an
                   accident;
               (h) Details of the actions and behaviour the population concerned should take in the event of an accident;
              (i) An assurance that the company has made adequate arrangements on site, including liaison with the
                   emergency services, to deal with foreseeable accidents and to minimize their effects;
              (j) A reference to the off-site emergency plan drawn up to cope with any off-site effects from an accident.
                   This should include advice to cooperate with any instructions or requests from the emergency services
                   at the time of an accident;
              (k) Details of where further information can be obtained, such as general information on the preventive
                   safety measures taken in the industrial activity and on the emergency plan, subject to the requirements
                   of confidentiality laid down in national legislation.
               Proposal for a Council Decision adopting a pilot project on remote sensing applied to
                                                           agricultural statistics
                                                            COM(88) 163 final
                                 (Submitted by the Commission to the Council on 20 April 1988)
                                                              (88/C 119/03)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                 Whereas remote sensing must be incorporated into the
                                                                         existing statistical systems to make good specific de-
                                                                         ficiencies or weaknesses and to replace to better
Having regard to the Treaty establishing the European
                                                                         advantage certain aspects of the work currently being
Economic Community, and in particular Article 43
                                                                         carried out;
thereof,
Having regard to the proposal from the Commission,
                                                                         Whereas remote sensing could have applications — in its
                                                                         own right or as an adjunct — in the establishment and
In cooperation with the European Parliament,                             collection of agricultural statistics;
Whereas, in order to meet the needs of the common
agricultural policy, action is needed to identify and                    Whereas the experience gained by Member States in
measure as accurately and rapidly as possible the areas                   incorporating remote sensing in their own statistical
under main crops, and in particular those for which                       systems should be turned to, good account, in consul-
production aid is granted on an area basis;                               tation with the Standing Committee on Agricultural Stat-
                                                                          istics;
Whereas, for the management of the agricultural
markets,      reliable      regionally-based       estimates     of
production must be available in good time;
                                                                          Whereas remote sensing could help align the Member
                                                                          States' various agricultural statistical systems, by estab-
Whereas the availability of forecasts for the production                  lishing a common means of collecting and transmitting
of crops which have the greatest impact on world                          information;
markets, in third countries, is also relevant to the
management of agricultural markets and for the inde-
pendence of Community decision-making;
                                                                          Whereas     remote sensing could enable savings to be
                                                                          planned    in the future, either directly in the cost of
Whereas remote sensing offers a response to these needs,                  drawing    up sampling plans and of collecting statistical
which have not been met to date by the existing agri-                     data, or  indirectly in EAGGF expenditure;
 cultural statistics and forecasting systems; whereas it
 could enhance the accuracy, objectivity, speed and
 frequency with which observations are made when stat-
 istical data are collected; whereas it could help perfect                Whereas steps should be taken to develop the opera-
 agricultural forecasting models, and in particular                       tional applications of remote sensing to agricultural stat-
 establish    regionally-based        agricultural      forecasting        istics in the short, medium and long term, and to
 models;                                                                  continue the measures embarked upon;