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Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (repealed)
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Textual Amendments
F1 Substituted by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003 adapting to Council Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in instruments subject to the procedure referred to in Article 251 of the EC Treaty.
Textual Amendments
Where a substance or group of substances listed in Part 1 also falls within a category of Part 2, the qualifying quantities set out in Part 1 must be used.
Column 1 | Column 2 | Column 3 |
---|---|---|
Dangerous substances | Qualifying quantity (tonnes) for the application of | |
Articles 6 and 7 | Article 9 | |
Ammonium nitrate (see note 1) | 5 000 | 10 000 |
Ammonium nitrate (see note 2) | 1 250 | 5 000 |
Ammonium nitrate (see note 3) | 350 | 2 500 |
Ammonium nitrate (see note 4) | 10 | 50 |
Potassium nitrate (see note 5) | 5 000 | 10 000 |
Potassium nitrate (see note 6) | 1 250 | 5 000 |
Bromine | 20 | 100 |
Chlorine | 10 | 25 |
Nickel compounds in inhalable powder form (nickel monoxide, nickel dioxide, nickel sulphide, trinickel disulphide, dinickel trioxide) | 1 | |
Ethyleneimine | 10 | 20 |
Fluorine | 10 | 20 |
Formaldehyde (concentration ≥ 90 %) | 5 | 50 |
Hydrogen | 5 | 50 |
Hydrogen chloride (liquefied gas) | 25 | 250 |
Lead alkyls | 5 | 50 |
Liquefied extremely flammable gases (including LPG) and natural gas | 50 | 200 |
Acetylene | 5 | 50 |
Ethylene oxide | 5 | 50 |
Propylene oxide | 5 | 50 |
Methanol | 500 | 5 000 |
4, 4-Methylenebis (2-chloraniline) and/or salts, in powder form | 0,01 | |
Methylisocyanate | 0,15 | |
Oxygen | 200 | 2 000 |
Toluene diisocyanate | 10 | 100 |
Carbonyl dichloride (phosgene) | 0,3 | 0,75 |
Arsenic trihydride (arsine) | 0,2 | 1 |
Phosphorus trihydride (phosphine) | 0,2 | 1 |
Sulphur dichloride | 1 | 1 |
Sulphur trioxide | 15 | 75 |
Polychlorodibenzofurans and polychlorodibenzodioxins (including TCDD), calculated in TCDD equivalent | 0,001 | |
The following CARCINOGENS at concentrations above 5 % by weight:
| 0,5 | 2 |
Petroleum products: | 2 500 | 25 000 |
This applies to ammonium nitrate-based compound/composite fertilisers (compound/composite fertilisers containing ammonium nitrate with phosphate and/or potash) in which the nitrogen content as a result of ammonium nitrate is
between 15,75 % (1) and 24,5 % (2) by weight, and either with not more than 0,4 % total combustible/organic materials or which fulfil the requirements of Annex II of Directive 80/876/EEC,
15,75 % (3) by weight or less and unrestricted combustible materials,
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, subsection 38.2).
Textual Amendments
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 % (4) 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 Directive 80/876/EEC.
This applies to:
ammonium nitrate and preparations of ammonium nitrate in which the nitrogen content as a result of the ammonium nitrate is
between 24,5 % and 28 % by weight, and which contain not more than 0,4 % combustible substances,
more than 28 % by weight, and which contain not more than 0,2 % combustible substances,
aqueous ammonium nitrate solutions in which the concentration of ammonium nitrate is more than 80 % by weight.
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 3, 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 3;
fertilisers referred to in note 1, first indent, and Note 2 which do not fulfil the requirements of Annex II of Directive 80/876/EEC.
The quantities of polychlorodibenzofurans and polychlorodibenzodioxins are calculated using the following factors:
(T = tetra, P = penta, Hx = hexa, HP = hepta, O = octa) | |||
International Toxic Equivalent Factors (ITEF) for the congeners of concern (NATO/CCMS) | |||
---|---|---|---|
2,3,7,8-TCDD | 1 | 2,3,7,8-TCDF | 0,1 |
1,2,3,7,8-PeDD | 0,5 | 2,3,4,7,8-PeCDF | 0,5 |
1,2,3,7,8-PeCDF | 0,05 | ||
1,2,3,4,7,8-HxCDD | 0,1 | 1,2,3,4,7,8-HxCDF | 0,1 |
1,2,3,6,7,8-HxCDD | 1,2,3,7,8,9-HxCDF | ||
1,2,3,7,8,9-HxCDD | 1,2,3,6,7,8-HxCDF | ||
1,2,3,4,6,7,8-HpCDD | 0,01 | 2,3,4,6,7,8-HxCDF | |
OCDD | 0,001 | 1,2,3,4,6,7,8-HpCDF | 0,01 |
1,2,3,4,7,8,9-HpCDF | |||
OCDF | 0,001 |
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 (5) ,
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 (6) .
In the case of substances and preparations which are not classified as dangerous according to either of the above directives, for example waste, 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-accident potential, the procedures for provisional classification shall be followed in accordance with 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 qualifying quantities shall apply. However, for the application of the rule in Note 4, the qualifying quantity 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 a harmonised Decision in accordance with Directive 67/548/EEC.]
a substance or preparation which creates the risk of an explosion by shock, friction, fire or other sources of ignition (risk phrase R2),
a substance or preparation which creates extreme risks of explosion by shock, friction, fire or other sources of ignition (risk phrase R3), or
a substance, preparation or article covered by Class 1 of the European Agreement concerning the International Carriage of Dangerous Goods by Road (UN/ADR), concluded on 30 September 1957, as amended, as transposed by 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 (7) .
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. Where a substance or preparation is classified by both UN/ADR and risk phase R2 or R3, the UN/ADR classification shall take precedence over assignment of risk phrases.
Substances and articles of Class 1 are classified in any of the divisions 1.1 to 1.6 in accordance with the UN/ADR classification scheme. The divisions concerned are:
:
‘ Substances and articles which have a mass explosion hazard (a mass explosion is an explosion which affects almost the entire load virtually instantaneously). ’
:
‘ Substances and articles which have a projection hazard but not a mass explosion hazard. ’
:
‘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:
combustion of which gives rise to considerable radiant heat; or
which burn one after another, producing minor blast or projection effects or both.’
:
‘ 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. ’
:
‘ 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. ’
:
‘ 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. ’
Included in this definition are also explosive or pyrotechnic substances or preparations contained in articles. In the case of articles containing explosive or pyrotechnic substances or preparations, if the quantity of the substance or preparation contained 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 article shall be treated as explosive.]
flammable liquids:
substances and preparations having a flash point equal to or greater than 21 °C and less than or equal to 55 °C (risk phrase R 10), supporting combustion;
highly flammable liquids:
substances and preparations which may become hot and finally catch fire in contact with air at ambient temperature without any input of energy (risk phrase R 17),
[F4substances 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;]
substances and preparations having a flash point lower than 21 °C and which are not extremely flammable (risk phrase R 11, second indent);
extremely flammable gases and liquids:
liquid substances and preparations which have a flash point lower than 0 °C and the boiling point (or, in the case of a boiling range, the initial boiling point) of which at normal pressure is less than or equal to 35 °C (risk phrase R 12, first indent), and
[F4gases 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]
[F4flammable and highly flammable liquid substances and preparations maintained at a temperature above their boiling point.]
This Directive shall apply if the sum
q 1 /Q U1 + q 2 /Q U2 + q 3 /Q U3 + q 4 /Q U4 + q 5 /Q U5 +… is greater than or equal to 1,
where q x = the quantity of dangerous substance x (or category of dangerous substances) falling within Parts 1 or 2 of this Annex,
and Q UX = the relevant qualifying quantity for substance or category x from column 3 of Parts 1 or 2.
This Directive shall apply, with the exception of Articles 9, 11 and 13, if the sum
q 1 /Q L1 + q 2 /Q L2 + q 3 /Q L3 + q 4 /Q L4 + q 5 /Q L5 +… is greater than or equal to 1,
where q x = the quantity of dangerous substance x (or category of dangerous substances) falling within Parts 1 or 2 of this Annex,
and Q LX = the relevant qualifying quantity for substance or category x from column 2 of Parts 1 or 2.
This rule shall be used to assess the overall hazards associated with toxicity, flammability, and eco-toxicity. It must therefore be applied three times:
for the addition 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;
for the addition 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;
for the addition of substances and preparations named in Part 1 and classified as dangerous for the environment (R50 (including R50/53) or R51/53), together with substances and preparations falling into categories 9(i) or 9(ii);
The relevant provisions of this Directive apply if any of the sums obtained by (a), (b) or (c) is greater than or equal to 1.]
Textual Amendments
F2 Inserted by Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003 amending Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances.
This information shall contain the elements given in Annex III.
description of the site and its environment including the geographical location, meterological, geological, hydrographic conditions and, if necessary, its history;
identification of installations and other activities of the establishment which could present a major-accident hazard;
description of areas where a major accident may occur.
description of the main activities and products of the parts of the establishment which are important from the point of view of safety, sources of major-accident risks and conditions under which such a major accident could happen, together with a description of proposed preventive measures;
description of processes, in particular the operating methods;
description of dangerous substances:
inventory of dangerous substances including:
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;
physical, chemical, toxicological characteristics and indication of the hazards, both immediate and delayed for man and the environment;
physical and chemical behaviour under normal conditions of use or under foreseeable accidental conditions.
detailed description of the possible major-accident scenarios and their probability or the conditions under which they occur including a summary of the events which may play a role in triggering each of these scenarios, the causes being internal or external to the installation;
[F4assessment of the extent and severity of the consequences of identified major accidents including maps, images or, as appropriate, equivalent descriptions, showing areas which are liable to be affected by such accidents arising from the establishment, subject to the provisions of Articles 13(4) and 20;]
description of technical parameters and equipment used for the safety of installations.
description of the equipment installed in the plant to limit the consequences of major accidents;
organization of alert and intervention;
description of mobilizable resources, internal or external;
summary of elements described in A, B, and C above necessary for drawing up the internal emergency plan prepared in compliance with Article 11.
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:
the major accident prevention policy should be established in writing and should include the operator's overall aims and principles of action with respect to the control of major-accident hazards;
the safety management system should include the part of the general management system which includes the organizational structure, responsibilities, practices, procedures, processes and resources for determining and implementing the major-accident prevention policy;
the following issues shall be addressed by the safety management system:
[F4organisation 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 subcontracted personnel working in the establishment;]
identification and evaluation of major hazards — adoption and implementation of procedures for systematically identifying major hazards arising from normal and abnormal operation and the assessment of their likelihood and severity;
operational control — adoption and implementation of procedures and instructions for safe operation, including maintenance, of plant, processes, equipment and temporary stoppages;
management of change — adoption and implementation of procedures for planning modifications to, or the design of new installations, processes or storage facilities;
[F4planning for emergencies — adoption and implementation of procedures to identify foreseeable emergencies by systematic analysis, to prepare, test and review emergency plans to respond to such emergencies and to provide specific training for the staff concerned. Such training shall be given to all personnel working in the establishment, including relevant subcontracted personnel;]
monitoring performance — adoption and implementation of procedures for the ongoing assessment of compliance with the objectives set by the operator's major-accident prevention policy and safety management system, and the mechanisms for investigation and taking corrective action in case of non-compliance. The procedures should cover the operator's system for reporting major accidents of near misses, particularly those involving failure of protective measures, and their investigation and follow-up on the basis of lessons learnt;
audit and review — adoption and implementation of procedures for periodic systematic assessment of the major-accident prevention policy and the effectiveness and suitability of the safety management system; the documented review of performance of the policy and safety management system and its updating by senior management.
Names or positions of persons authorized to set emergency procedures in motion and the person in charge of and coordinating the on-site mitigatory action.
Name or position of the person with responsibility for liaising with the authority responsible for the external emergency plan.
For foreseeable conditions or events which could be significant in bringing about a major accident, a description of the action which should be taken to control the conditions or events and to limit their consequences, including a description of the safety equipment and the resources available.
Arrangements for limiting the risks to persons on site including how warnings are to be given and the actions persons are expected to take on receipt of a warning.
Arrangements for providing early warning of the incident to the authority responsible for setting the external emergency plan in motion, the type of information which should be contained in an initial warning and the arrangements for the provision of more detailed information as it becomes available.
Arrangements for training staff in the duties they will be expected to perform, and where necessary coordinating this with off-site emergency services.
Arrangements for providing assistance with off-site mitigatory action.
Names or positions of persons authorized to set emergency procedures in motion and of persons authorized to take charge of and coordinate off-site action.
Arrangements for receiving early warning of incidents, and alert and call-out procedures.
Arrangements for coordinating resources necessary to implement the external emergency plan.
Arrangements for providing assistance with on-site mitigatory action.
Arrangements for off-site mitigatory action.
Arrangements for providing the public with specific information relating to the accident and the behaviour which it should adopt.
Arrangements for the provision of information to the emergency services of other Member States in the event of a major accident with possible transboundary consequences.
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:
a death,
six persons injured within the establishment and hospitalized for at least 24 hours,
one person outside the establishment hospitalized for at least 24 hours,
dwelling(s) outside the establishment damaged and unusable as a result of the accident,
the evacuation or confinement of persons for more than 2 hours (persons × hours): the value is at least 500,
the interruption of drinking water, electricity, gas or telephone services for more than 2 hours (persons × hours): the value is at least 1 000.
permanent or long-term damage to terrestrial habitats:
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,
significant or long-term damage to freshwater and marine habitats (8)
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,
significant damage to an aquifer or underground water (8)
1 ha or more.
damage to property in the establishment: at least ECU 2 million,
damage to property outside the establishment: at least ECU 0,5 million.
Any accident directly involving a dangerous substance giving rise to effects outside the territory of the Member State concerned.
[F415,75 % nitrogen content by weight as a result of ammonium nitrate corresponds to 45 % ammonium nitrate.
24,5 % nitrogen content by weight as a result of ammonium nitrate corresponds to 70 % ammonium nitrate.
15,75 % nitrogen content by weight as a result of ammonium nitrate corresponds to 45 % ammonium nitrate.
28 % nitrogen content by weight as a result of ammonium nitrate corresponds to 80 % ammonium nitrate.]
[F4 OJ L 196, 16.8.1967, p. 1 . Directive as last amended by Regulation (EC) No 807/2003 ( OJ L 122, 16.5.2003, p. 36 ).
OJ L 200, 30.7.1999, p. 1 . Directive as amended by Commission Directive 2001/60/EC ( OJ L 226, 22.8.2001, p. 5 ).]
[F4 OJ L 319, 12.12.1994, p. 7 . Directive as last amended by Commission Directive 2003/28/EC ( OJ L 90, 8.4.2003, p. 45 ).]
In assessing damage, reference could be made where appropriate to Directives 75/440/EEC, 76/464/EEC and Directives adopted for its application in relation to certain substances, namely, Directives 76/160/EEC, 78/659/EEC, 79/923/EEC, or to the Lethal Concentration (LC) for 50 % of the species representative of the environment affected as defined by Directive 92/32/EEC for the criterion ‘dangerous for the environment’.
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