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Procedure : 2001/0257(COD)
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Document selected : A5-0243/2002

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A5-0243/2002

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P5_TA(2002)0355

Texts adopted
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Wednesday, 3 July 2002 - Strasbourg
Major-accident hazards involving dangerous substances ***I
P5_TA(2002)0355A5-0243/2002
Resolution
 Consolidated text
 Annex

European Parliament legislative resolution on the proposal for a European Parliament and Council directive amending Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (COM(2001) 624 – C5&nbhy;0668/2001 – 2001/0257(COD))

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2001) 624(1)),

–   having regard to Article 251(2) of the EC Treaty and Article 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal (C5&nbhy;0668/2001),

–   having regard to Rule 67 of its Rules of Procedure,

–   having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Industry, External Trade, Research and Energy (A5&nbhy;0243/2002),

1.  Approves the Commission proposal as amended;

2.  Asks to be consulted again should the Commission intend to amend the proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council and Commission.

(1) OJ C 75 E, 26.3.2002, p. 357.


Position of the European Parliament adopted at first reading on 3 July 2002 with a view to the adoption of European Parliament and Council Directive 2002/…./EC amending Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances
P5_TC1-COD(2001)0257

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175 (1) thereof,

Having regard to the proposal from the Commission(1),

Having regard to the opinion of the Economic and Social Committee(2),

Having regard to the opinion of the Committee of the Regions(3),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(4),

Whereas:

(1)  Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances(5) aims at the prevention of major accidents which involve dangerous substances and the limitation of their consequences for man and the environment, with a view to ensuring high levels of protection throughout the Community in a consistent and effective manner.

(2)  In the light of recent industrial accidents and studies on carcinogens and substances dangerous for the environment carried out by the Commission at the Council's request, the scope of Directive 96/82/EC needs to be broadened.

(3)  The cyanide spill that polluted the Danube following the accident at Baia Mare in Romania in January 2000 has demonstrated that certain storage and processing activities in mining have a potential to produce very serious consequences.The Communications of the Commission on the safe operation of mining activities(6) and on the sixth environment action programme of the European Community(7) have therefore highlighted the need for an extension of the scope of Directive 96/82/EC. In its Resolution of 5 July 2001 on the Commission Communication on the safe operation of mining activities the European Parliament also welcomed the extension of the scope of that Directive to cover risks arising from storage and processing activities in mining.

(4)  The firework accident at Enschede in the Netherlands in May 2000 has demonstrated the major hazard potential arising from storage and manufacture of pyrotechnic substances. Therefore, the definition of such substances in Directive 96/82/EC should be clarified and simplified.

(5)  The explosion at the Grande Paroisse fertiliser plant in Toulouse on 21 September 2001 has emphasised the accident potential arising from the storage of ammonium nitrate and ammonium nitrate-based fertilisers, in particular, material rejected during the manufacturing process or returned to the manufacturer (so&nbhy;called "off-specs"). Therefore, the existing categories of ammonium nitrate and ammonium nitrate-based fertilisers in Directive 96/82/EC should be reviewed with a view to include "off-specs" material in particular.

(6)  The provisions of this Directive should not be applied to sites where ammonium nitrate and ammonium nitrate-based fertilisers which on delivery conformed to the specification in this Directive but subsequently have become degraded or contaminated, are temporarily present prior to removal for reprocessing or destruction.

(7)  The accident at Toulouse revealed numerous breaches of the provisions laid down in Directive 96/82/EC, in particular the fact that the building where the explosion took place had not been the subject of a safety report and that the hazard study of the ammonium nitrates produced and stored on this industrial site had not been reviewed since 1995.

(8)  In the light of the accident in Toulouse, it is vital to make the provisions applying to operators more stringent with regard to their general obligations, the relevance of safety reports which are central to the safety of industrial plants, internal and external emergency plans and the information provided to the public, in order to reduce the risks of accidents at source and consequently limit, as far as possible, strategic errors in risk perception and trivialisation of risks.

(9)  The hazardousness of a substance depends on a number of parameters: intrinsic properties, temperature, pressure, particle size or possible mixture with other substances. Consequently, a product considered stable in certain conditions or applications may be explosive in others and create a risk of a major accident.

(10)  Studies carried out by the Commission in close cooperation with the Member States support extending the list of carcinogens with appropriate qualifying quantities and significantly lowering the qualifying quantities assigned to substances dangerous for the environment in Directive 96/82/EC.

(11)  It is appropriate at the same time to clarify and correct certain passages in Directive 96/82/EC.

(12)  Directive 96/82/EC should therefore be amended accordingly.

(13)  The measures provided for in this Directive have been the subject of a public consultation process involving interested parties,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 96/82/EC is amended as follows:

1.  In Article 4, points (e) and (f) are replaced by the following:

"
   e) the exploitation (exploration, extraction and processing) of minerals in mines and quarries, with the exception of processing operations and related storage involving dangerous substances as defined in Annex I of this Directive;
   f) waste land-fill sites with the exception of operational tailings disposal facilities containing dangerous substances as defined in Annex I of this Directive and used in connection with the processing of minerals.
"

2.  In Article 4 the following point is added after point (f):

"

(fa) offshore exploration and exploitation of minerals.

"

3.  In Article 6(1), the following indent is added after the second indent:

"
   - for establishments not previously falling within the scope of application of this Directive, within three months of the date on which the Directive applies to the establishment concerned as provided in the first sentence of Article 2(1).
"

4.  In Article 6(2), the following point is added after point (g):

"

(ga) training measures for the staff of the establishment or operating firm and external enterprises on prevention and emergency measures in the event of a major accident.

"

5.  In Article 6(4) the following indent is added after the first indent:

"
   - substantial modification of an installation, an establishment or a storage area, or
"

6.  Article 7(1) is replaced by the following:

"

1.  Member States shall require the operator to draw up a document setting out his major-accident prevention policy evidencing his compliance with his obligations and to ensure that it is properly implemented. The major-accident prevention policy established by the operator shall be designed to guarantee a high level of protection for man and the environment by appropriate means, structures and management systems.

1a. For establishments not previously falling within the scope of application of this Directive, the document shall be drawn up without delay and in any case no later than within three months of the date on which the Directive applies to the establishment concerned as provided in the first sentence of Article 2(1).

"

7.  In Article 8(2), the following points are added after point (a):

"

(aa) in accordance with this Directive and in particular Article 12 thereof, operators are required to take the necessary measures to prevent domino effects occurring in the event of major accidents;

(ab) the public shall be informed of the possible dangers and risks of domino effects occurring through the local press, by post and on the official website of the regional authority concerned;

"

8.  Article 8(2)(b) is replaced by the following:

"
   b) provision is made for cooperation in supplying information to the authority responsible for the preparation of external emergency plans.
"

9.  Article 9(2) is replaced by the following:

"

2.  The safety report shall contain at least the data and information listed in Annex II. It shall also contain an updated inventory of the dangerous substances present in the establishment. It shall also list the persons involved in drawing up the report and describe the methods used. Several safety reports, sections of reports, or other equivalent reports drawn up in accordance with other legislation may be merged into a single safety report for the purposes of this Article, when such an arrangement makes it possible to avoid the unnecessary repetition of information and duplication of work carried out by the operator or by the competent authority, provided that all the requirements of this Article are satisfied.

"

10.  In Article 9(3) the following indent is added after the third indent:

"
   - for establishments not previously falling within the scope of application of this Directive, without delay and in any case no later than one year from the date on which the Directive applies to the establishment concerned as provided in the first sentence of Article 2(1).
"

11.  In Article 9(5), the second indent is replaced by the following:

"
   - at any other time, and compulsorily in the event of changes in work organisation with an impact on the safety of an installation, at the initiative of the operator or the request of the competent authority, where justified by new facts or to take account of new technical knowledge about safety matters arising, for example, from analysis of accidents or, as far as possible, 'near misses', and of developments in knowledge concerning the assessment of hazards.
"

12.  In Article 9(6), the following point is added after point (c):

"

Member States shall ensure that the different methods used for drawing up safety reports are ultimately drawn together in a single European method.

"

13.  In Article 10, the second indent is replaced by the following:

"
   - reviews, and where necessary revises, the safety report.
"

14.  In Article 10, a new paragraph is added after the first paragraph:

"

The operator shall provide the competent authority referred to in Article 16 with full particulars of the review and revision, if any, of its major-accident prevention policy, the management systems and procedures referred to in Articles 7 and 9 and the safety report, before making any change.

"

15.  In Article 11(1)(a) the following indent is added after the third indent:

"
   - for establishments not previously falling within the scope of application of this Directive, without delay and in any case no later than one year from the date on which the Directive applies to the establishment concerned as provided in the first sentence of Article 2(1).
"

16.  In Article 11(1)(b) the following indent is added after the third indent:

"
   - for establishments not previously falling within the scope of application of this Directive, without delay and in any case no later than one year from the date on which the Directive applies to the establishment concerned as provided in the first sentence of Article 2(1).
"

17.  Article 11(3) is replaced by the following:

"

3.  Without prejudice to the obligations of the competent authorities, Member States shall ensure that the internal emergency plans provided for in this Directive are drawn up in consultation with personnel employed inside the establishment and that the public is consulted when external emergency plans are drawn up and reviewed in accordance with paragraph 4.

3a. In accordance with the relevant national legislation, the operator of the establishment or enterprise shall consult the internal body responsible for safety and risk prevention matters. The latter shall also involve the staff of external enterprises employed on the site of the establishment in its work.

"

18.  In Article 11, the following paragraph is added:

"

4a. Member States shall ensure that external emergency plans take into account Council Decision 2001/792/EC, Euratom of 23 October 2001 establishing a Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions*.

________________

* OJ L 297, 15.11.2001, p. 7.

"

19.  In Article 11, the following paragraph is added after paragraph 5:

"

5a. If an event listed in paragraph 5 occurs, Member States shall inform the monitoring and information centre established according to Decision 2001/792/EC, Euratom) and cooperate with this centre.

"

20.  In Article 12(1), first subparagraph, the following point is added after point (c):

"

(ca) technical measures put in place to reduce hazard areas, such as effective passive safety measures (tank dikes, concrete skirts, burial) to prevent the risk of explosion, moving high-risk installations within the perimeter of the establishment, the reduction of volumes stored on site and changes in production processes to eliminate the use of dangerous intermediate products.

"

21.  In Article 12(1), the second subparagraph is replaced by the following:

"

Member States shall ensure that their land-use and/or other relevant policies and the procedures for implementing those policies take account of the need, in the long term, to maintain appropriate distances between establishments covered by this Directive and residential areas, buildings and areas of public use, transport routes, industrial establishments, recreational areas, and areas of particular natural sensitivity or interest, and, in the case of existing establishments, of the need for additional technical measures in accordance with Article 5 so as not to increase the risks to people.

"

22.  In Article 12, the following paragraph is added after paragraph 1:

"

1a. By ...*, the Commission, in close cooperation with the Member States, shall draw up guidelines defining a harmonised technical database of risk data and risk scenarios to be used for assessing the compatibility between existing establishments covered by this Directive and the sensitive areas listed in paragraph 1. This method of assessment shall in any case take account of the evaluations made by the competent authorities, the information obtained from operators and all other relevant information such as the socio-economic benefits of development and the mitigating effects of emergency plans.

By ...(8), the Commission, in close cooperation with the Member States, shall develop guidelines setting out a methodology for establishing appropriate minimum safety distances between establishments covered by this Directive and the sensitive areas listed in paragraph 1.

1b. The Commission shall in the same context develop a scheme of incentives and/or funding for the relocation of establishments covered by this Directive which do not provide for the appropriate safety distance. This could be done in the framework of regional policy.

23.  In Article 13(1) the first subparagraph is replaced with the following:

"1. Member States shall ensure that information on safety measures and on the requisite behaviour in the event of an accident is supplied regularly and in the most appropriate form, without their having to request it, to all persons and all establishments serving the public (schools, hospitals, etc.) liable to be affected by a major accident originating in an establishment covered by Article 9.

"

24.  Article 13(4) is replaced by the following:

"

4.  Member States shall ensure that the safety report is made available to the public, in particular, people living in municipalities in which establishments covered by this Directive are located. Information concerning the availability of the safety report and emergency plans shall appear in the local press and on the website of the competent national authority. The operator may ask the competent authority not to disclose to the public certain parts of the report, for reasons of industrial, commercial or personal confidentiality, public security or national defence. In such cases, with the approval of the competent authority, the operator shall supply to the authority, and make available to the public, an amended report excluding those matters.

The inventory of the categories of dangerous substances present in the establishment with the respective amounts shall not be exempt from disclosure. The safety report shall also be forwarded to the local advisory bodies, in accordance with the provisions of the first subparagraph, as shall the emergency plans.

4a. Member States shall ensure that this information is clearly posted in establishments subject to the jurisdiction of the public authorities and in any establishment open to large numbers of people (schools, hospitals, etc.) in areas in which an establishment covered by the scope of application of this Directive is located.

The council offices of municipalities in which an establishment covered by this Directive is located shall make available to anyone who so requests, the safety report, in accordance with the provisions of paragraph 4, and the external emergency plans.

"

25.  After Article 13, the following new article is added:

"

Article 13a

Training of the staff of establishments or enterprises and of external enterprises

Member States shall ensure that the establishment or operator and external enterprises provide their staff with regular training so that they are able to take the initial emergency measures required in the event of a major accident, and master any new manufacturing process involving dangerous substances.

The establishment or operator and external enterprises working on the site of the establishment or enterprise shall provide the competent authorities at regular intervals, and least once every two years, with a report on the training measures for their respective staff on dealing with major accidents.

The report must provide details of:

   - the training body or officers,
   - its registration number with the public authorities,
   - the length of training,
   - the type of training provided,
   - the staff concerned.

"

26.  In Article 17(1) a new subparagraph is added after the second subparagraph:

"

Member States shall suspend the activities of an establishment or enterprise if the operator has failed to:

   - inform the competent authority in accordance with Article 6 (4) indents 1 and 2, and Article 10,
   - forward to the competent authorities the report on staff training in his establishment and external enterprises.

Member States shall notify the enterprise without delay of its non-compliance and the suspension of activities. They shall also inform it of the deadlines for complying with the provisions of this Directive.

If the enterprise has not replied by the deadlines set, Member States may prohibit the enterprise from operating, after giving the enterprise further notice of its non-compliance.

"

27.  In Article 19, the following paragraph is added after paragraph 1:

"

1a. For establishments covered by this Directive, Member States shall supply to the Commission at least the following information:

   a) the name or trade name of the operator and the full address of the establishment concerned;
   b) the activity or activities of the establishment.

The Commission shall set up and keep up to date a database containing the information provided by the Member States.

"

28.  Article 20(1) is replaced by the following:

"

1.  Member States shall ensure, in the interests of transparency, that the competent authorities are required to make information received pursuant to this Directive available to any natural or legal person who so requests.

Information obtained by the competent authorities or the Commission may, where national provisions so require, be kept confidential if it calls into question:

   - the confidentiality of the deliberations of the competent authorities and the Commission;
   - the confidentiality of international relations and national defence;
   - public security;
   - the confidentiality of preliminary investigation proceedings or of current legal proceedings;
   - commercial and industrial secrets, including intellectual property - but exclusively relating to processes. Access to information concerning the storage of substances covered by Annex I may not be withheld;
   - personal data and/or files;
   - data supplied by a third party if that party asks for them to be kept confidential.

"

29.  Annex I is amended as set out in the Annex to this Directive.

Article 2

1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by (9)... at the latest. They shall forthwith inform the Commission thereof.

When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.  Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.

Article 4

This Directive is addressed to the Member States.

Done at ,

For the European Parliament For the Council

The President The President

(1) OJ C 75 E, 26.3.2002, p. 357.
(2) OJ C …
(3) OJ C …
(4) Position of the European Parliament of 3 July 2002.
(5) OJ L 10, 14. 1.1997, p.13.
(6) COM (2000) 664 final.
(7) COM (2001) 31 final.
(8)* Three years after the adoption of this Directive."
(9)* 12 months after its entry into force.


A N N E X

Annex I to Directive 96/82/EC is amended as follows:

1.  In the Introduction the following point 6 is added:

"

6.  For the purposes of this Directive, a gas is a substance that is completely gaseous at 20ºC at a standard pressure of 101.3 kPa.

"

2.  In Part 1 the figures for ammonium nitrate are replaced by the following:

"Ammonium nitrate

Ammonium nitrate

Ammonium nitrate

Ammonium nitrate

5000

1250

350

10

10000

5000

2500

50"

3.  In Part 1, the following lines are added:

"Potassium nitrate

1250

5000

Potassium nitrate

5000

10000"

4.  In Part 1 the entry which starts with the words: "The following CARCINOGENS" is replaced by the following:

"The following CARCINOGENS at concentrations above 5%:

4-Aminobiphenyl and/or its salts, Benzotrichloride, Benzidine and/or salts, Bis (chloromethyl) ether, Chloromethyl methyl ether, 1,2-Dibromoethane, Diethyl sulphate, Dimethyl sulphate, Dimethylcarbamoyl chloride, 1,2-Dibromo-3-chloropropane, 1,2-Dimethylhydrazine, Dimethylnitrosomine, Hexamethylphosphoric triamide, Hydrazine, 2-Naphtylamine and/or salts, 4-Nitrodiphenyl, and 1,3 Propanesultone

0,5

2"

5.  In Part 1 the entry "Automotive petrol and other petroleum spirits" is replaced by the following:

"Petroleum products:

(a) gasolines and naphthas,

(b) kerosenes (including jet fuels),

(c) gas oils (including diesel fuels, home heating oils and gas oil blending streams)"

2500

25000

6.  In Part 1, Notes 1 and 2 are replaced by the following:

"

1.  Ammonium nitrate (5000/10000)

This applies to ammonium nitrate-based compound/composite fertilisers (compound/composite fertilisers contain ammonium nitrate with phosphate and/or potash) in which the nitrogen content as a result of ammonium nitrate is 24.5%* by weight or less, and which are capable of self-sustaining decomposition according to the UN Trough Test (see United Nations Recommendations on the Transport of Dangerous Goods: Manual of Tests and Criteria, Part III, sub-section 38.2).

2.  Ammonium nitrate (1250 / 5000):

fertiliser grade

This applies to straight ammonium nitrate-based fertilisers and to ammonium nitrate-based compound/composite fertilisers in which the nitrogen content as a result of ammonium nitrate is

   - more than 24.5 %* by weight, except for mixtures of ammonium nitrate with dolomite, limestone and/or calcium carbonate with a purity of at least 90 %,
   - more than 15.75 %** by weight for mixtures of ammonium nitrate and ammonium sulphate,
   - more than 28 %*** by weight for mixtures of ammonium nitrate with dolomite, limestone and/ or calcium carbonate with a purity of at least 90 %,
  

and which fulfil the requirements of Annex II of Council Directive 80/876/EEC****.

  

2a. Ammonium nitrate (350/2500)

This applies to ammonium nitrate and ammonium-nitrate based preparations in which the nitrogen content resulting from the ammonium nitrate is:

   - more than 24.5% by weight
   - more than 15.75% by weight for mixtures of ammonium nitrate and ammonium sulphate,
   - more than 28% by weight for mixtures of ammonium nitrate with dolomite, limestone and/or calcium carbonate with a purity of at least 90%, and which contain a percentage equal to or less than 0.2% of combustible substances and aqueous ammonium nitrate solutions in which the concentration of ammonium nitrate is more than 90% by weight.
  

2b. Ammonium nitrate (10/50):

"off-specs" material and fertilisers not fulfilling the detonation test 

This applies to

   - material rejected during the manufacturing process and to ammonium nitrate and preparations of ammonium nitrate, straight ammonium nitrate-based fertilisers and ammonium nitrate-based compound/composite fertilisers referred to in Notes 2 and 2a, that are being or have been returned from the final user to a manufacturer, temporary storage or reprocessing plant for reworking, recycling or treatment for safe use, because they no longer comply with the specifications of Notes 2 and 2a;
   - fertilisers referred to in Notes 1 and 2 which do not fulfil the requirements of Annex II of Directive 80/876/EEC.
  

2c. Potassium nitrate (1250/5000)

Composite potassium-nitrate based fertilisers composed of potassium nitrate in crystalline form

Potassium nitrate (5000/10000)

Composite potassium-nitrate based fertilisers composed of potassium nitrate in prilled/granular form.

____________________

* A nitrogen content of 24.5% by weight corresponds to a 70% ammonium nitrate solution.

** A nitrogen content of 15.75% by weight corresponds to a 45% ammonium nitrate solution.

*** A nitrogen content of 28% by weigh corresponds to an 80% ammonium nitrate solution.

**** OJ L 250, 23.9.1980, p. 7. Directive as amended by European Parliament and Council Directive 97/63/EC (OJ L 335, 6.12.1997, p. 15).

"

7.  In Part 2 the entries 4 and 5 "EXPLOSIVE" are replaced by the following:

"4.

EXPLOSIVE (see Note 2)

where the substance or preparation falls under HD 1.4

50

200

5.

EXPLOSIVE (see Note 2).

where the substance or preparation falls under any of: HD 1.1, HD 1.2, HD 1.3, HD 1.5, HD 1.6, R2, R3

10

50"

8.  In Part 2 entry 9 "DANGEROUS FOR THE ENVIRONMENT" is replaced by the following:

"9.

DANGEROUS FOR THE ENVIRONMENT risk phrases:

R50: "Very toxic to aquatic organisms" (including R50/53)

R51/53: "Toxic to aquatic organisms"; and "May cause long term adverse effects in the aquatic environment"

100

200

200

500"

9.  In the Notes to Part 2, Note 1 is replaced by the following:

"

1.  Substances and preparations are classified according to the following Directives and their current adaptation to technical progress:

   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 (1),
   Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations(2),
   Council Directive 94/55/EC of 21 November 1994 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road (UN/ADR classification scheme)(3),
   Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy(4),
   Council Directive 91/689/EEC of 12 December 1991 on hazardous waste(5).

In the case of substances and preparations which are not classified as dangerous according to any of the above Directives but which nevertheless are present, or are likely to be present, in an establishment and which possess or are likely to possess, under the conditions found at the establishment, equivalent properties in terms of major&nbhy;accident potential, the procedures for provisional classification shall be followed according to the relevant Article of the appropriate Directive.

In the case of substances and preparations with properties giving rise to more than one classification, for the purposes of this Directive the lowest thresholds shall apply. However, for the application of the summation rule in Note 4 of these Notes, the threshold used shall always be the one corresponding to the classification concerned.

For the purposes of this Directive, the Commission shall establish and keep up to date a list of substances which have been classified into the above categories by harmonised decision in accordance with Directive 67/548/EEC.

"

10.  In the Notes to Part 2, Note 2 is replaced by the following:

"

2.   "Explosive" means a substance or preparation which is classified with risk phrase R2 or R3, or which is classified in any of the hazard divisions HD1.1 to HD1.6 according to the UN/ADR classification scheme. Included in this definition are pyrotechnics, which for the purposes of this Directive are defined as substances (or mixtures of substances) designated to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions.

The hazard divisions and risk phrases concerned are:

   1.1 HD 1.1: "Substances and articles which have a mass explosion hazard. (A mass explosion is an explosion which affects almost the entire load virtually instantaneously).
"
   1.2 HD 1.2: "Substances and articles which have a projection hazard but not a mass explosion hazard."
   1.3 HD 1.3: "Substances and articles which have a fire hazard and either a minor blast hazard or a minor projection hazard or both, but not a mass explosion hazard: (a) combustion of which gives rise to considerable radiant heat; or (b) which burn one after another, producing minor blast or projection effects or both."
   1.4 HD 1.4: "Substances and articles which present only a slight risk in the event of ignition or initiation during carriage The effects are largely confined to the package and no projection of fragments of appreciable size or range is to be expected. An external fire shall not cause virtually instantaneous explosion of virtually the entire contents of the package."
   1.5 HD 1.5: "Very insensitive substances having a mass explosion hazard which are so insensitive that there is very little probability of initiation or of transition from burning to detonation under normal conditions of carriage. As a minimum requirement they shall not explode in the external fire test."
   1.6 HD 1.6: "Extremely insensitive articles which do not have a mass explosion hazard. The articles contain only extremely insensitive detonating substances and demonstrate a negligible probability of accidental initiation or propagation. The risk is limited to the explosion of a single article."

R2: "Substances or preparations which create the risk of an explosion by shock, friction, fire or other sources of ignition"

R3: "Substances or preparations which create extreme risks of explosion by shock, friction, fire or other sources of ignition"

In the case of objects containing explosive or pyrotechnic substances or preparations, if the quantity of the substance or preparation contained in the object is known, that quantity shall be considered for the purposes of this Directive. If the quantity is not known, then for the purposes of this Directive the whole object shall be treated as explosive."

11.  In the Notes to Part 2, Note 3 (b) (1), second indent, is replaced by the following:

"
   - substances and preparations which have a flash point lower than 55°C and which remain liquid under pressure, where particular processing conditions, such as high pressure or high temperature, may create major-accident hazards;
"

12.  In the Notes to Part 2, Note 3 (c) (2) is replaced by the following:

"
   2. gases which are flammable in contact with air at ambient temperature and pressure (risk phrase R12, second indent), which are in a gaseous or supercritical state, and
"

13.  In the Notes to Part 2, Note 3 (c) (3) is replaced by the following:

"
   3. flammable liquid substances and preparations maintained at a temperature above their boiling point.
"

14.  In the Notes to Part 2, Note 4 is replaced by the following :

"

4.  In the case of an establishment where no individual substance or preparation is present in a quantity above or equal to the relevant qualifying quantities, the following summation rule shall be applied to determine whether the establishment is covered by the relevant requirements of this Directive.

This Directive shall apply if the sum

q1/QU + q2/ QU + q3/ QU + q4/ QU + q5/ QU + ... is greater than or equal to 1,

where qx = the quantity of dangerous substances x (or category of dangerous substances) falling within Parts 1 or 2 of this Annex,

and QU = the relevant threshold quantity from column 3 of Parts 1 or 2.

This Directive shall apply, with the exception of Articles 9, 11 and 13, if the sum

q1/QL + q2/ QL + q3/ QL + q4/ QL + q5/ QL + ... is greater than or equal to 1,

where qx = the quantity of dangerous substances x (or category of dangerous substances) falling within Parts 1 or 2 of this Annex,

and QL = the relevant threshold quantity from column 2 of Parts 1 or 2.

This summation rule shall be used to assess the overall hazards associated with: toxicity, flammability, and eco-toxicity. It must therefore be applied three times:

   a) for the summation of substances and preparations named in Part 1 and classified as toxic or very toxic, together with substances and preparations falling into categories 1 or 2;
   b) for the summation of substances and preparations named in Part 1 and classified as oxidising, explosive, flammable, highly flammable, or extremely flammable, together with substances and preparations falling into categories 3, 4, 5, 6, 7a, 7b or 8;
   c) for the summation of substances and preparations falling into categories 9 (i) or 9 (ii).

The relevant provisions of the Directive apply if any of the sums obtained by (a), (b) or (c) is greater than or equal to 1.

"

15.  In Annex II, Part IV, a new point is inserted after point A:

"

Aa. Hazard studies :

   - of each substance present or potentially present on the site of the establishment,
   - of the interaction, including the domino effect, of substances present on the site.

The hazard studies must take account of the accidents that have already occurred and accidents of which there is a high risk of occurrence due to the substance or substances present together in the establishment, the consequences that these accidents have caused or may cause, and the lethal effect thresholds linked to the hazards and risks identified.

"

16.  In Annex III, point (c), subparagraph (i) is replaced by the following:

"

i)   organisation and personnel - the roles and responsibilities of personnel involved in the management of major hazards at all levels in the organisation. The identification of training needs of such personnel and the provision of the training so identified. The involvement of employees and of subcontractors working in the establishment.

"

17.  In Annex V, the following point is added after point 10:

"

10a. A map, on an easily-readable scale, showing risk areas.

For these areas, the map must show the population, the type of settlement and the natural resources and environments concerned.

"

(1) OJ 196, 16. 8. 1967, p. l. Directive as last amended by Commission Directive 2000/33/EC (OJ L 136, 8. 6. 2000, p. 90).
(2) OJ L 200, 30.7.1999, p. 1.
(3) OJ L 319, 12.12.1994, p.7. Directive as last amended by Commission Directive 2001/7/EC (OJ L 30,1.2.2000, p.43).
(4) OJ L 327, 22.12.2000, p. 1.
(5) OJ L 377, 31.12.1991, p. 20. Directive as last amended by Directive 94/31/EC (OJ L 168, 2.7.1994, p. 28).

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