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ARTICLES | ||
Article 1 - Aim | ||
Article 2 - Scope | ||
Article 3 - Definitions | ||
Article 4 - Exclusions | ||
Article 5 - General obligations of the operator | ||
Article 6 - Notification | ||
Article 7 - Major-accident prevention policy | ||
Article 8 - Domino effect | ||
Article 9 - Safety report | ||
Article 10 - Modification of an installation, an establishment or a storage facility | ||
Article 11 - Emergency plans | ||
Article 12 - Land-use planning | ||
Article 13 - Information on safety measures | ||
Article 14 - Information to be supplied by the operator following a major accident | ||
Article 15 - Information to be supplied by the Member States to the Commission | ||
Article 16 - Competent authority | ||
Article 17 - Prohibition of use | ||
Article 18 - Inspections | ||
Article 19 - Information system and exchanges | ||
Article 20 - Confidentiality | ||
Article 21 - Terms of reference of the Committee | ||
Article 22 - Committee | ||
Article 23 - Repeal of Directive 82/501/EEC | ||
Article 24 - Implementation | ||
Article 25 - Entry into force | ||
Article 26 | ||
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ANNEXES | ||
Annex I - Application of the directive | ||
Annex II - Minimum data and information to be considered in the safety report specified in Article 9 | ||
Annex III - Principles referred to in Article 7 and information referred to in Article 9 on the management system and the organization of the establishment with a view to the prevention of major accidents | ||
Annex IV - Data and information to be included in the emergency plans specified under Article 11 | ||
Annex V - Items of information to be communicated to the public as provided for in Article 13 (1) | ||
Annex VI - Criteria for the notification of an accident to the Commission as provided for in Article 15 (1) |
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THE COUNCIL OF THE EUROPEAN
UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 130s (1) thereof, Having regard to the proposal from the Commission ( 1 ), Having regard to the opinion of the Economic and Social Committee ( 2 ), Acting in accordance with the procedure laid down in Article 189c of the Treaty ( 3 ), Whereas Council Directive 82/501/EEC of 24 June 1982 on the major-accident hazards of certain industrial activities ( 4 ) is concerned with the prevention of major accidents which might result from certain industrial activities and with the limitation of their consequences for man and the environment; Whereas the objectives and principles of the Community's environment policy, as set out in Article 130r (1) and (2) of the Treaty and detailed in the European Community's action programmes on the environment ( 5 ), aim, in particular, at preserving and protecting the quality of the environment, and protecting human health, through preventive action; Whereas the Council and the representatives of the Governments of the Member States, meeting within the Council, in their accompanying resolution concerning the fourth Action Programme on the Environment ( 6 ), highlighted the need for more effective implementation of Directive 82/501/EEC and called for a review of the Directive to include, if necessary, a possible widening of its scope and a greater exchange of information on the matter between Member States; whereas the fifth Action Programme, the general approach of which was approved by the Council and the representatives of the Governments of the Member States, meeting within the Council, in their resolution of 1 February 1993 ( 7 ), also presses for better risk-and-accident management; ____________
Whereas, in the light of the accidents at Bhopal and Mexico City, which demonstrated the hazard which arises when dangerous sites and dwellings are close together, the Council Resolution of 16 October 1989 called on the Commission to include in Directive 82/S01/EEC provisions concerning controls on land use planning when new installations are authorised and when urban development takes place around existing installations; Whereas the said Council resolution invited the Commission to work with Member States towards greater mutual understanding and harmonisation of national principles and practices regarding safety reports; Whereas it is desirable to pool the experience gained through different approaches to the control of major accident hazards; whereas the Commission and the Member States should develop their relations with the relevant international bodies and seek to establish measures equivalent to those set out in this Directive for use in third countries; Whereas the Convention on the Transboundary Effects of Industrial Accidents of the United Nations Economic Commission for Europe provides for measures regarding the prevention of, preparedness for and response to industrial accidents capable of causing transboundary effects as well as for international cooperation in this field; Whereas Directive 82/501/EEC constituted a first stage in the harmonisation process whereas the said Directive should be revised and supplemented in order to ensure high levels of protection throughout the Community in a consistent and efficient manner, whereas the present harmonisation is limited to the measures which are necessary to put in place a more effective system for preventing major accidents with widespread effects and for limiting their consequences; Whereas major accidents can have consequences beyond frontiers; whereas the ecological and economic cost of an accident is borne not only by the establishment affected but also by the Member States concerned; whereas it is therefore necessary to take measures ensuring a high level of protection throughout the Community; Whereas the provisions of this Directive must apply without prejudice to Community provisions as regards health and safety at work; Whereas use of a list specifying certain installations while excluding others with identical hazards is not an appropriate practice, and may allow potential sources of major accidents to escape regulation; whereas the scope of Directive 82/501/EEC must be altered to make the provisions applicable to all establishments where dangerous substances are present in sufficiently large quantities to create a major-accident hazard; Whereas, with due regard for the Treaty and in compliance with the relevant Community legislation, Member States may retain or adopt appropriate measures for transport-related activities at docks, wharves and marshalling yards, which are excluded from this Directive, in order to ensure a level of safety equivalent to that established by this Directive; Whereas the transmission of dangerous substances through pipelines also has a potential to produce major accidents; 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 instruments for action in this area if necessary; Whereas, with due regard for the Treaty and in compliance with the relevant Community legislation, Member States may retain or adopt measures on waste land-fill, which do not come within the scope of this Directive; Whereas analysis of the major accidents reported in the Community indicates that the majority of them are the result of managerial and/or organisational shortcomings; whereas it is therefore necessary to lay down at Community level basic principles for management systems, which must be suitable class="none" for preventing and controlling major-accident hazards and limiting the consequences thereof; Whereas differences in the arrangements for the inspection of establishments by the competent authorities may give rise to differing levels of protection; whereas it is necessary to lay down at Community level the essential requirements with which the systems for inspection established by the Member States must comply; Whereas, in order to demonstrate that all that is necessary has been done to prevent major accidents, to prepare contingency plans and response measures, the operator should, in the case of establishments where dangerous substances are present in significant quantities, provide the competent authority with information in the form of a safety report containing details of the establishments the dangerous substances present, the installation or storage facilities, possible major accidents and the management systems available, in order to prevent and reduce the risk of major accidents and to enable the necessary steps to be taken to limit the consequences thereof; Whereas, in order to reduce the risk of domino effects, where establishments are sited in such a way or so close together as to increase the probability and possibility of major accidents, or aggravate their consequences, there should be provision for the exchange of appropriate information and cooperation on public information Whereas, in order to promote access to information on the environment, the public should have access to safety reports produced by operators, and persons likely to be affected by a major accident should be given information sufficient to inform them of the correct action to be taken in that event; Whereas, in order to provide against emergencies, in the case of establishments where dangerous substances are present in significant quantities it is necessary to establish external and internal emergency plans and to create systems to ensure those plans are tested and revised as necessary and implemented in the event of a major accident or the likelihood thereof; Whereas the staff of an establishment must be consulted on the internal emergency plan and the public must be consulted on the external emergency plan; Whereas, in order to provide greater protection for residential areas, areas of substantial public use and areas of particular natural interest or sensitivity, it is necessary for land-use and/or other relevant policies applied in the Member States to take account of the need, in the long term, to keep a suitable class="none" distance between such areas and establishments presenting such hazards and, where existing establishments are concerned, to take account of additional technical measures so that the risk to persons is not increased; Whereas, in order to ensure that adequate response measures are taken if a major accident occurs, the operator must immediately inform the competent authorities and communicate the information necessary for them to assess the impact of that accident; Whereas, in order to provide for an information exchange and to prevent future accidents of a similar nature, Member States should forward information to the Commission regarding major accidents occurring in their territory, so that the Commission can analyse the hazards involved, and operate a system for the distribution of information concerning, in particular, major accidents and the lessons learned from them; whereas this information exchange should also cover 'near misses' which Member States regard as being of particular technical interest for preventing major accidents and limiting their consequences, HAS ADOPTED THIS DIRECTIVE: |
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This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities. |
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This directive is addressed to the
Member States.
For the Council
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I. Information on the management system and on the organization of the establishment with a view to major accident prevention This information shall contain the elements given in Annex III. II. Presentation of the environment of the establishment
- the identification of dangerous substances: chemical name, CAS number, name according to IUPAC nomenclature, - the maximum quantity of dangerous substances present or likely to be present;
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For the purpose of implementing the operator's major-accident prevention policy and safety management system account shall be taken of the following elements. The requirements laid down in the document referred to in Article 7 should be proportionate to the major-accident hazards presented by the establishment:
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1. Internal emergency plans
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1. Name of operator and address of the establishment. 2. Identification, by position held, of the person giving the information. 3. Confirmation that the establishment is subject to the regulations and/or administrative provisions implementing this Directive and that the notification referred to in Article 6 (3) or the safety report referred to in Article 9 (1) has been submitted to the competent authority. 4. An explanation in simple terms of the activity or activities undertaken at the establishment. 5. The common names or, in the case of dangerous substances covered by Part 2 of Annex 1, the generic names or the general danger classification of the substances and preparations involved at the establishment which could give rise to a major accident, with an indication of their principal dangerous characteristics. 6. General information relating to the nature of the major-accident hazards, including their potential effects on the population and the environment. 7. Adequate information on how the population concerned will be warned and kept informed in the event of a major accident. 8. Adequate information on the actions the population concerned should take, and on the behaviour they should adopt, in the event of a major accident. 9. Confirmation that the operator is required to make adequate arrangements on site, in particular liaison with the emergency services, to deal with major accidents and to minimize their effects. 10. A reference to the external 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. 11. Details of where further relevant information can be obtained, subject to the requirements of confidentiality laid down in national legislation. |
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I. Any accident covered by paragraph 1 or having at least one of the consequences described in paragraphs 2, 3, 4 and 5 must be notified to the Commission.
Any fire or explosion or accidental discharge of a dangerous substance involving, a quantity of at least 5 % of the qualifying quantity laid down in column 3 of Annex I. An accident directly involving a dangerous substance and giving rise to one of the following events: - 0,5 ha or more of a habitat of environmental or conservation importance protected by legislation, - 10 or more hectares of more widespread habitat, including agricultural land, - 10 km or more of river or canal, - 1 ha or more of a lake or pond, - 2 ha or more of delta, - 2 ha or more of a coastline or open sea, - 1 ha or more. Any accident directly involving a dangerous substance giving rise to effects outside the territory of the Member State concerned. ____________
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