CELEX: 51995PC0240
Language: en
Date: 1995-06-19
Title: Amended proposal for a COUNCIL DIRECTIVE on the Control of Major Accident Hazards involving Dangerous Substances

No C 238 /4        EN                  Official Journal of the European Communities                                    13 . 9 . 95
                                                                 II
                                                         (Preparatory Acts)
                                                    COMMISSION
             Amended proposal for a Council Directive on the control of major accident hazards involving
                                                     dangerous substances (')
                                                          (95 /C 238 /05)
                                                     (Text with EEA relevance)
                                             COM(95) 240 final — 94/0014(SYN)
             (Submitted by the Commission pursuant to Article 189a (2) of the EC Treaty on 19 June 1995)
             (') OJ No C 106, 14 . 4 . 1994, p. 4 .
                  COMMISSION PROPOSAL                                                   AMENDED PROPOSAL
                                                          Recital 4
Whereas the Council resolution of 16 October 1989                    Whereas in the light of the accidents at Bhopal and
invited the Commission to consider ways of including in              Mexico City which demonstrated the hazard which
Directive 8 2/501 /EEC planning controls on land use,                arises when dangerous sites and dwellings are close
taking into account, in particular, the consequences of              together, the Council resolution of 16 October 1989
the accident at Bhopal, and the means of seeking mutual              called on the     Commission to include in Directive
understanding and harmonization of national principles               82/501 /EEC provisions concerning controls on land use
and practices regarding safety reports ;                             planning when new installations are authorized and
                                                                     when urban development takes place around existing
                                                                     installations :
                                                        Recital 4a (new)
Whereas the Council Resolution of 16 October 1989                    Whereas the Council resolution of 16 October 1989
invited the Commission to consider ways on including in              invited the Commission to work with Member States
Directive 82/501 /EEC planning controls on land use,                 towards mutual understanding and harmonization of
taking into account, in particular, the consequences of              national principles and practices regarding safety reports ;
the accident at Bhopal, and the means of seeking mutual
understanding and harmonization of national principles
and practices regarding safety reports ;
                                                        Recital 4b (new)
                                                                     Whereas it is desirable to share experiences in
                                                                     approaches to the control of major accident hazards ;
                                                                     whereas the Commission and Member States should
                                                                     develop relations with relevant international bodies to
                                                                     establish policies, equivalent to those set out in this
                                                                     Directive, for use in third countries ;
 ---pagebreak--- 13 . 9 . 95        [MJ                 Official Journal of the European Communities                               No C 238 / 5
                   COMMISSION PROPOSAL                                                AMENDED PROPOSAL
                                                      Recital 17a (new)
                                                                  Whereas Member States must take the necessary
                                                                  measures to ensure that the authorities responsible for
                                                                  drawing up external emergency plans and taking the
                                                                  necessary decisions in cases of major accidents are
                                                                  adequately trained ;
                                                          Recital 18
Whereas, in order to promote access to information on             Whereas, in order to promote access to information on
the environment the public should have access to the              the environment the public should have access to safety
safety report produced by the operator, and persons               reports produced by operators, and persons liable to be
liable to be affected by a major accident should be given         affected by a major accident should be given information
information sufficient to inform them of the correct              sufficient to inform them of the correct action to be
action to be taken in the event of a major accident ;             taken in the event of major accidents ;
                                                          Recital 21
Whereas, in order to provide for an information                   Whereas, in order to provide for an information
exchange and to prevent future accidents of a similar             exchange and to prevent future accidents of a similar
nature, Member States should forward information to                nature, Member States must inform the Commission of
the Commission regarding major accidents occurring in             major accidents occurring in their territory, so that the
their territory, so that the Commission can analyse the            Commission can analyse the hazards from major
hazards from major accidents, and operate an                       accidents, and operate an information system for the
information system for the distribution of information on          distribution of information on any particular major
any particular major accident, and the lessons learned             accident, and the lessons learned from it ;
from it ;
                                                      Recital 23a (new)
                                                                  Whereas the transmission of dangerous substances
                                                                   through pipelines also has a potential to produce major
                                                                   accidents ; whereas it is not appropriate to include such
                                                                   pipelines and associated compression stations within the
                                                                   scope of this Directive ; whereas the Commission should,
                                                                   after collecting and evaluating information about existing
                                                                   mechanisms within the Community for regulating such
                                                                   activities and the occurrence of relevant incidents,
                                                                   prepare a communication setting out the case, and most
                                                                   appropriate instrument, for action in this area ;
                                                         Article 3 (a)
 (a) Establishment means the whole area under the                  (a) Establishment means the whole area under the
      control of an operator where dangerous substances                 control of an operator where dangerous substances
      are present in any installation or any storage facility           are present in any installation or any storage facility
      and all the remaining area under the control of the               and all the remaining area under the control of the
      operator at that place, including administrative                  operator at that place, including administrative
      buildings, ancillary equipment, pipework, storage,                buildings , ancillary equipment, pipework, storage
      process and production equipment, marshalling                     and handling areas, process and production
      yards, docks, piers, jetties, depots, or similar                  equipment, marshalling yards, docks, piers,, jetties,
      structures, whether floating or not.                              depots, or similar structures, whether floating or not.
 ---pagebreak--- No C 238 /6        [ ENl              Official Journal of the European Communities                                    13 . 9 . 95
                  COMMISSION PROPOSAL                                                 AMENDED PROPOSAL
                                                        Article 3 (f)
(f) Hazard means the intrinsic property of a dangerous             (f) Hazard means the intrinsic property of a dangerous
    substance or physical situation at an establishment,               substance or physical situation at an establishment,
    with a potential for creating damage.                              with a potential for creating damage to man and the
                                                                       environment.
                                                       Article 3 (g)
(g) Risk means the likelihood of a specific effect                (g) Risk means the likelihood that specific effects
    occurring within a specified period or in specified                harmful to man and the environment will occur
    circumstances .                                                    within a specified period or in specified circum­
                                                                       stances .
                                                       Article 4 (b)
(b) hazards created by ionizing radiation ;                       (b) nuclear installations, solely as regards hazards
                                                                       created by ionizing radiation ;
                                                       Article 4 (e)
(e) The activities of the extractive industries concerned         (e) The activities of the extractive industries concerned
    with exploration for, and the exploitation of,                     with exploration for, and the exploitation of,
    minerals in mines and quarries or by means of                      minerals in mines and quarries or by means of
    boreholes, including the preparation of extracted                  boreholes, including the preparation of extracted
    materials for sale .                                               materials for sale, but excluding the activities of
                                                                       processing the materials extracted .
                                                     Article 6 ( 1 ) (c)
(c) the identification of major accident hazards ;                (c) the identification of major accident hazards and an
                                                                       appraisal of their impact on man and the
                                                                       environment ;
                                                     Article 6 ( 1 ) (e)
(e) the measures identified as necessary to limit the             (e) the measures identified as necessary to limit the
    consequences of major accidents for man and the                    consequences of major accidents for man and the
    environment ;                                                      environment including the arrangements for simu­
                                                                       lation exercises under emergency plans, where
                                                                       required under Article 11 , and the frequency with
                                                                       which these are held ;
                                                     Article 6 (3) (d)
(d) information sufficient to identify the dangerous              (d) precise information to identify the dangerous
    substance or category of substances involved ;                     substance or category of substances involved ;
 ---pagebreak--- 13 . 9 . 95         lENl               Official Journal of the European Communities                                 No C 238 / 7
                   COMMISSION PROPOSAL                                                   AMENDED PROPOSAL
                                                          Article 6 (5)
5 . In the event of any significant change to the                   5. The operator shall inform the competent authority
maximum quantity or physical form of the dangerous                  in advance of any change in the maximum quantity,
substance present, as indicated in the notification                 number, or physical form of dangerous substances
provided by the operator pursuant to paragraph 2, or in             present, as indicated in the notification provided by the
the event of the permanent closure of the installation, the         operator pursuant to paragraph 2 , which has significant
operator shall inmediately inform the competent                     implications for major accident hazards.
authority of the change .
                                                                    6. The operator shall inform the competent authority
                                                                    in advance in the event of the permanent closure of any
                                                                    installation .
                                                 Article 10 introductory phase
In the event of the modification of an installation,                In the event of the modification of an installation, manu­
storage facility or establishment which could have                  facturing process, storage facility or establishment which
significant repercussions on major-accident hazards, the            could have significant repercussions on major accident
Member States shall ensure that the operator :                      hazards, the Member States shall ensure that the
                                                                    operator :
                                                         Article 11 (3)
3 . Member States shall ensure that, without prejudice              3 . Member States shall ensure that, without prejudice
to the obligations of the competent authorities, the                to the obligations of the competent authorities, the prep­
opportunity of contributing to the preparation of                   aration of emergency plans under this Directive is
emergency plans under this Directive is afforded :                  carried out following consultation with :
— in the case of internal and external emergency plans ,            — personnel employed inside the establishment in the
     to personnel inside the establishment; and,                          case of internal and external emergency plans ; and,
— in the case of external emergency plans, to the public            — the public liable to be affected in the case of external
     liable to be affected .                                              emergency plans .
                                              Article 11 (5) introductory phrase
 5 . Member States shall ensure that emergency plans                 5 . Member States shall ensure that emergency plans
 are put into effect without delay by the person                     are put into effect without delay by the person
 nominated or by the designated authority, whenever :                nominated by the operator and, where necessary by the
                                                                     designated competent authority, whenever :
                                             Article 12 ( 1 ) second subparagraph
 Member States shall ensure that their land-use policy,              Member States shall ensure that their land-use policy,
 and the procedures for implementing it, take account of             and the procedures for implementing it, take account of
 the need, in the long term, to separate establishments              the technical and other measures taken under Article 5
 covered by this Directive from residential areas, areas of          ( 1 ) and the need, in the long term , to separate estab­
 substantial public use, and areas of particular natural             lishments covered by this Directive from residential
 sensitivity or interest, and also of the need to facilitate         areas, areas of substantial public use, and areas of
 emergency planning in the event of a major accident.                particular natural sensitivity or interest, and also of the
                                                                     need to facilitate emergency planning in the event of a
                                                                     major accident.
 ---pagebreak--- No C 238 / 8         EN                Official Journal of the European Communities                                   13 . 9 . 95
                   COMMISSION PROPOSAL                                                AMENDED PROPOSAL
                                                        Article 13 ( 1 )
1.     Member States shall ensure that information on              1.    Member States shall ensure that information on
safety measures and on the requisite behaviour in the             major accident hazards, safety measures and the requisite
event of an accident is supplied, without their having to         behaviour in the event of an accident is supplied, without
request it, to persons liable to be affected by a major           their having to request it, to persons liable to be affected
accident originating in an establishment covered by               by a major accident originating in an establishment
Article 9. The information shall be reviewed every two            covered by Article 9, and to any natural or legal person
years, and where necessary repeated and updated, at               who so requests, without the latter being required to
least if there is any modification within the meaning of          demonstrate a legitimate interest. The information shall
Article 10. It shall also be made permanently available to        be reviewed every two years, and where necessary
the public. The maximum period between the repetition             repeated and updated, at least if there is any modifi­
of the information to the public shall, in any case, be no        cation within the meaning of Article 10 . It shall also be
longer than four years.                                           made permanently available to the public. The maximum
                                                                  period between the repetition of the information to the
                                                                  public shall, in any case, be no longer than four years.
                                                        Article 13 (4)
4 . Member States shall ensure that the safety report is          4. Member States shall ensure that the safety report is
made available to the public. The operator may ask the            made public. The operator may, provided the request is
competent authority not to disclose to the public certain         justified, ask the competent authority not to disclose to
parts of the report, for reasons of industrial, commercial        the public certain parts of the report, for reasons of
or personal confidentiality, public security or national          industrial, commercial or personal confidentiality, public
defence . In such cases , on the approval of the competent        security or national defence. In such cases, on the
authority, the operator shall supply to the authority, and        approval of the competent authority, the operator shall
make available to the public, an amended report                   supply to the authority, and make public, an amended
excluding those matters .                                         report excluding those matters .
                                             Article 13 (6) second subparagraph
This inventory shall be updated annually and shall be             This inventory shall be updated annually and shall be
made available to the public, on the premises of the              made available to the public, on the premises of the
establishment.                                                    establishment and from the competent authority to which
                                                                  it is supplied.
                                                          Article 17
1 . Member States shall prohibit the use or bringing               1 . Member States shall prohibit the use or bringing
into use of any establishment, installation or storage            into use of any establishment, installation or storage
facility, or any part thereof if its or their continued use       facility, or any part thereof if its or their continued use
will involve an imminent risk of a major accident.                will involve an imminent risk of a major accident.
 ---pagebreak--- 13 . 9 . 95        | EN 1              Official Journal of the European Communities                                 No C 238 /9
                   COMMISSION PROPOSAL                                                     AMENDED PROPOSAL
Member States may prohibit the use or bringing into use               2. Member States may prohibit the use or bringing
of any establishment, installation or storage facility, or            into use of any establishment, installation or storage
any part thereof under this Article if:                               facility, or any part thereof under this Article if the
                                                                      operator has not submitted the notification, reports or
— the operator has not submitted the notification,                    other information required by the Directive within the
     reports or other information required by the                     specified period ;
     Directive within the specified period,
                                                                      3. Member States may prohibit the use or bringing
— an external emergency plan has not been prepared                    into use of any establishment, installation or storage
     within the specified period.                                     facility, or any part thereof under this Article if, despite
                                                                      the operator having submitted the necessary information
                                                                      required by Article 11 ( 1 ) (b) to the designated auth­
                                                                      orities, an external emergency plan has not been
                                                                      prepared within the specified period.
In accordance with their own legal systems Member                     In these circumstances and in accordance with their own
States shall ensure that if the competent authority                   legal systems Member States shall ensure that the
prohibits the use or bringing into use of any estab­                  operator is entitled to seek compensation from the auth­
lishment, installation or storage facility, or any part               orities designated for the preparation of external
thereof because an external emergency plan has not been               emergency plans for any costs incurred due to the
prepared within the specified period, the operator is                 prohibition.
entitled to seek compensation from the authorities
responsible for the preparation of such plans for any
costs incurred due to the prohibition.
2 . Member States shall ensure that operators may                     4. Member States shall ensure that operators may
appeal against the prohibition by a competent authority               appeal against the prohibition by a competent authority
mentioned in paragraph 1 , according to national law and              mentioned in paragraphs 1 , 2 and 3, according to
procedures, to an appropriate body. On such an appeal                 national law and procedures, to an appropriate body. On
the prohibition may be cancelled, amended or confirmed.               such an appeal the prohibition may be cancelled,
During such appeal the prohibition imposed by the                     amended or confirmed. During such appeal the
competent authority shall remain in force.                            prohibition imposed by the competent authority shall
                                                                      remain in force .
                                                   Article 20 ( 1 ) (a) (new)
                                                                       No one may be prosecuted for the further public
                                                                       dissemination of any non-confidential information or
                                                                       information made public by virtue of any of the
                                                                       provisions of this Directive.
                                       Annex I, part 1 , column 1 , items 7, 21 to 23 and 28
 Dinickel trioxide                                                     Dinickel trioxide — as powder
 Nickel monoxide                                                       Nickel monoxide — as powder
 Nickel dioxide                                                        Nickel dioxide — as powder
 Nickel Sulphide                                                       Nickel Sulphide — as powder
Trinickel disulphide                                                   Trinickel disulphide — as powder