欧洲议会和理事会指令2012/18/EU,关于控制涉及危险物质的重大事故危害,修订并废除理事会指令96/82/EC?(1)

技术法规类型:欧盟Eurlex法规 来源:tbtmap

EURLEX ID:32012L0018

OJ编号:OJ L 197, 24.7.2012, p. 1-37

中文标题:欧洲议会和理事会指令2012/18/EU,关于控制涉及危险物质的重大事故危害,修订并废除理事会指令96/82/EC?(1)

原文标题:Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC (1)

分类:15.10.20.50_化学品、工业风险与生物技术

文件类型:二级立法 Directive|指令

生效日期:2012-08-13

废止日期:2058-12-31

法规全文:查看欧盟官方文件

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24.7.2012 Official
Journal
of
the
European
Union L
197/1
I
(Legislative acts)
DIRECTIVES
DIRECTIVE 2012/18/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 4 July 2012
on the control of major-accident hazards involving dangerous substances, amending and
subsequently repealing Council Directive 96/82/EC
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
underlines the need to ensure that appropriate
EUROPEAN UNION,
precautionary action is taken to ensure a high level of
protection throughout the Union for citizens, commu
nities and the environment. There is therefore a need
Having regard to the Treaty on the Functioning of the European
to ensure that the existing high level of protection
Union, and in particular Article 192(1) thereof,
remains at least the same or increases.
Having regard to the proposal from the European Commission,
(3) Directive
96/82/EC
has
been
instrumental
in
reducing
the
likelihood and consequences of such accidents thereby
After transmission of the draft legislative act to the national
leading to a better level of protection throughout the
parliaments,
Union. A review of that Directive has confirmed that
the rate of major accidents has remained stable. While
overall the existing provisions are fit for purpose, some
changes are required in order to further strengthen the
Having regard to the opinion of the European Economic and
level of protection, in particular with regard to the
Social Committee ( 1 ),
prevention of major accidents. At the same time the
system established by Directive 96/82/EC should be
adapted to changes to the Union system of classification
After consulting the Committee of the Regions,
of substances and mixtures to which that Directive refers.
In addition, a number of other provisions should be
clarified and updated.
Acting in accordance with the ordinary legislative procedure ( 2 ),
Whereas:
(4) It
is
therefore
appropriate
to
replace
Directive
96/82/EC
in order to ensure that the existing level of protection is
maintained and further improved, by making the
(1) Council
Directive
96/82/EC
of
9
December
1996
on
the
provisions more effective and efficient, and where
control of major-accident hazards involving dangerous
possible by reducing unnecessary administrative burdens
substances ( 3 ) lays down rules for the prevention of
by streamlining or simplification, provided that safety
major accidents which might result from certain
and environmental and human health protection are
industrial activities and the limitation of their
not compromised. At the same time, the new provisions
consequences for human health and the environment.
should be clear, coherent and easy to understand to help
improve implementation and enforceability, while the
level of protection of human health and the environment
(2) Major
accidents
often
have
serious
consequences,
as
remains at least the same or increases. The Commission
evidenced by accidents like Seveso, Bhopal, Schweizer
should cooperate with the Member States on the practical
halle, Enschede, Toulouse and Buncefield. Moreover the
implementation of this Directive. That cooperation
impact can extend beyond national borders. This
should, inter alia, address the issue of self-classification
of substances and mixtures. As appropriate, stakeholders
such as representatives of industry, workers and non-
( 1 ) OJ C 248, 25.8.2011, p. 138.
governmental organisations promoting the protection
( 2 ) Position of the European Parliament of 14 June 2012 and decision
of the Council of 26 June 2012.
of human health or the environment should be
( 3 ) OJ L 10, 14.1.1997, p. 13.
involved in the implementation of this Directive.

L 197/2
EN
Official Journal of the European Union
24.7.2012
(5) The Convention of the United Nations Economic
Regulation (EC) No
1272/2008 of the European
Commission for Europe on the Transboundary Effects
Parliament and of the Council of 16 December 2008
of Industrial Accidents, which was approved on behalf
on classification, labelling and packaging of substances
of the Union by Council Decision 98/685/EC of
and mixtures ( 5 ), which implements within the Union
23 March 1998 concerning the conclusion of the
the Globally Harmonised System of Classification and
Convention on the Transboundary Effects of Industrial
Labelling of Chemicals that has been adopted at inter
Accidents ( 1 ), provides for measures regarding the
national level, within the structure of the United Nations
prevention of, preparedness for, and response to
(UN). That Regulation introduces new hazard classes and
industrial accidents capable of causing transboundary
categories only partially corresponding to those used
effects as well as for international cooperation in this
under those repealed Directives. Certain substances or
field. Directive 96/82/EC implements the Convention
mixtures would, however, not be classified under that
within Union law.
system due to an absence of criteria within that
framework. Annex I to Directive 96/82/EC therefore
needs to be amended to align it to that Regulation
while maintaining the existing level, or further increasing
(6) Major
accidents
can
have
consequences
beyond
frontiers,
the level, of protection provided for in that Directive.
and the ecological and economic costs of an accident are
borne not only by the establishment affected, but also by
the Member States concerned. It is therefore necessary to
establish and apply safety and risk-reduction measures to
(10) For
the purpose
of classifying
upgraded
biogas,
any
prevent possible accidents, to reduce the risk of accidents
developments on standards under the European
occurring and to minimise the effects if they do occur,
Committee for Standardisation (CEN) should be taken
thereby making it possible to ensure a high level of
into account.
protection throughout the Union.
(7) The
provisions
of
this
Directive
should
apply
without (11) Unwanted
effects
from
the
alignment
to
Regulation
(EC)
prejudice to the provisions of Union law relating to
No 1272/2008 and subsequent adaptations to that Regu
health and safety at work and the working environment,
lation having an impact on the classification of
and, in particular, without prejudice to Council Directive
substances and mixtures may occur. On the basis of
89/391/EEC of 12 June 1989 on the introduction of
criteria included in this Directive, the Commission
measures to encourage improvements in the safety and
should assess whether, notwithstanding their hazard clas
health of workers at work ( 2 ).
sification, there are dangerous substances which do not
present a major-accident hazard and, where appropriate,
submit a legislative proposal to exclude the dangerous
substance concerned from the scope of this Directive.
(8) Certain
industrial
activities
should
be
excluded
from
the
The assessment should start swiftly, in particular after
scope of this Directive provided they are subject to other
the change of classification of a substance or mixture,
legislation at Union or national level providing for an
in order to avoid unnecessary burdens for operators
equivalent level of safety. The Commission should
and competent authorities in the Member States.
continue to examine whether there are significant gaps
Exclusions from the scope of this Directive should not
in the existing regulatory framework, in particular as
prevent any Member State from maintaining or intro
regards new and emerging risks from other activities as
ducing more stringent protective measures.
well as from specific dangerous substances and, if appro
priate, present a legislative proposal to address those
gaps.
(12) Operators
should
have
a
general
obligation
to
take
all
necessary measures to prevent major accidents, to
mitigate their consequences and to take recovery
(9) Annex
I
to
Directive
96/82/EC
lists
the
dangerous
substances falling within its scope, inter alia, by
measures. Where dangerous substances are present in
reference to certain provisions of Council Directive
establishments above certain quantities the operator
67/548/EEC of 27 June 1967 on the approximation of
should provide the competent authority with sufficient
the laws, regulations and administrative provisions
information to enable it to identify the establishment, the
relating to the classification, packaging and labelling of
dangerous substances present and the potential dangers.
dangerous substances (
The operator should also draw up and, where required by

3 ) as well as Directive 1999/45/EC
of the European Parliament and of the Council of
national law, send to the competent authority a major-
31 May 1999 concerning the approximation of the
accident prevention policy (MAPP) setting out the oper
laws, regulations and administrative provisions of the
ator’s overall approach and measures, including appro
Member States relating to the classification, packaging
priate safety management systems, for controlling major-
and labelling of dangerous preparations (
accident hazards. When the operators identify and

4 ). Directives
67/548/EEC and 1999/45/EC have been replaced by
evaluate the major-accident hazards, consideration
should also be given to the dangerous substances
which may be generated during a severe accident
( 1 ) OJ L 326, 3.12.1998, p. 1.
within the establishment.
( 2 ) OJ L 183, 29.6.1989, p. 1.
( 3 ) OJ 196, 16.8.1967, p. 1.
( 4 ) OJ L 200, 30.7.1999, p. 1.
( 5 ) OJ L 353, 31.12.2008, p. 1.

EN
24.7.2012 Official
Journal
of
the
European
Union L
197/3
(13) Directive
2004/35/EC
of
the
European
Parliament
and
of
environment, including areas of particular natural interest
the Council of 21 April 2004 on environmental liability
or sensitivity, it is necessary for land-use or other relevant
with regard to the prevention and remedying of environ
policies applied in the Member States to ensure appro
mental damage ( 1 ) is normally relevant for environmental
priate distances between such areas and establishments
damage caused by a major accident.
presenting such hazards and, where existing estab
lishments are concerned, to implement, if necessary,
additional technical measures so that the risk to
persons or the environment is maintained at an
(14) In
order
to
reduce
the
risk
of
domino
effects,
where
acceptable level. Sufficient information about the risks
establishments are sited in such a way or so close
and technical advice on these risks should be taken
together as to increase the likelihood of major accidents,
into account when decisions are taken. Where possible,
or aggravate their consequences, operators should
to reduce administrative burdens, especially for small and
cooperate in the exchange of appropriate information
medium-sized enterprises, procedures and measures
and in informing the public, including neighbouring
should be integrated with those under other relevant
establishments that could be affected.
Union legislation.
(15) In order to demonstrate that all that is necessary has
been done to prevent major accidents, and to prepare
(19) In order to promote access to environmental information
emergency plans and response measures, the operator
under the Convention of the United Nations Economic
should, in the case of establishments where dangerous
Commission for Europe on access to information, public
substances are present in significant quantities, provide
participation in decision-making and access to justice in
the competent authority with information in the form of
environmental matters (the Aarhus Convention), which
a safety report. That safety report should contain details
was approved on behalf of the Union by Council
of the establishment, the dangerous substances present,
Decision 2005/370/EC of 17 February 2005 on the
the installation or storage facilities, possible major-
conclusion, on behalf of the European Community, of
accident scenarios and risk analysis, prevention and inter
the Convention on access to information, public partici
vention measures and the management systems available,
pation in decision-making and access to justice in envi
in order to prevent and reduce the risk of major
ronmental matters
( 2 ), the level and quality of
accidents and to enable the necessary steps to be taken
information to the public should be improved. In
to limit the consequences thereof. The risk of a major
particular, persons likely to be affected by a major
accident could be increased by the probability of natural
accident should be given sufficient information on the
disasters associated with the location of the estab
correct action to be taken in that event. Member States
lishment. This should be considered during the prep
should make information available on where to find
aration of major-accident scenarios.
information on the rights of persons affected by a

major accident. Information disseminated to the public
should be worded clearly and intelligibly. In addition to
providing information in an active way, without the
(16) To
prepare
for
emergencies,
in
the
case
of
establishments
public having to submit a request, and without
where dangerous substances are present in significant
precluding other forms of dissemination, it should also
quantities, it is necessary to establish internal and
be made available permanently and kept up to date elec
external emergency plans and to establish procedures
tronically. At the same time there should be appropriate
to ensure that those plans are tested and revised as
confidentiality safeguards, to address security-related
necessary and implemented in the event of a major
concerns, among others.
accident or the likelihood thereof. The staff of an estab
lishment should be consulted on the internal emergency
plan and the public concerned should have the oppor
tunity to give its opinion on the external emergency plan.
(20) The
way
information
is
managed
should
be
in
line
with
Sub-contracting may have an impact on the safety of an
the Shared Environmental Information System (SEIS)
establishment. Member States should require operators to
initiative introduced by the Commission Communication
take this into account when drafting a MAPP, a safety
of 1 February 2008 entitled ‘Towards a Shared Environ
report or an internal emergency plan.
mental Information System (SEIS)’. It should also be in
line with Directive 2007/2/EC of the European
Parliament and of the Council of 14 March 2007 estab
lishing an Infrastructure for Spatial Information in the
(17) When
considering
the
choice
of
appropriate
operating
European Community (INSPIRE) ( 3 ) and its implementing
methods, including those for monitoring and control,
rules, aimed at enabling the sharing of environmental
operators should take into account available information
spatial information among public sector organisations
on best practices.
and better facilitating public access to spatial information
across the Union. Information should be held on a
publicly available database at Union level, which will
also facilitate monitoring and reporting on implemen
(18) In
order
to
provide
greater
protection
for
residential
tation.
areas, areas of substantial public use and the
( 2 ) OJ L 124, 17.5.2005, p. 1.
( 1 ) OJ L 143, 30.4.2004, p. 56.
( 3 ) OJ L 108, 25.4.2007, p. 1.

L 197/4
EN
Official Journal of the European Union
24.7.2012
(21) In
line
with
the
Aarhus
Convention,
effective
public
inspections. Where possible, inspections should be coor
participation in decision-making is necessary to enable
dinated with those under other Union legislation,
the public concerned to express, and the decision-
including Directive 2010/75/EU of the European
maker to take account of, opinions and concerns that
Parliament and of the Council of 24 November 2010
may be relevant to those decisions, thereby increasing the
on industrial emissions (integrated pollution prevention
accountability and transparency of the decision-making
and control)
( 1 ), where appropriate. Member States
process and contributing to public awareness of environ
should ensure that sufficient staff is available with the
mental issues and support for the decisions taken.
skills and qualifications needed to carry out inspections
effectively. Competent authorities should provide appro
priate support using tools and mechanisms for
exchanging experience and consolidating knowledge,
including at Union level.
(22) In
order
to
ensure
that
adequate
response
measures
are
taken if a major accident occurs, the operator should
immediately inform the competent authority and
communicate the information necessary to enable it to
assess the effects of that accident on human health and
(27) In
order
to
take
into
account
technical
developments,
the
on the environment.
power to adopt acts in accordance with Article 290 of
the Treaty on the Functioning of the European Union
should be delegated to the Commission in respect of
amending Annexes II to VI to adapt them to technical
(23) Local
authorities
have
an
interest
in
the
prevention
of
progress. It is of particular importance that the
major accidents and mitigation of their consequences
Commission carry out appropriate consultations during
and can have an important role to play. This should be
its preparatory work, including at expert level. The
taken into account by the Member States in the imple
Commission, when preparing and drawing up delegated
mentation of this Directive.
acts, should ensure a simultaneous, timely and appro
priate transmission of relevant documents to the
European Parliament and to the Council.
(24) In order to facilitate the exchange of information and to
prevent future accidents of a similar nature, Member
States should forward information to the Commission
(28) In
order
to
ensure
uniform
conditions
for
the
implemen
regarding major accidents occurring on their territory,
tation of this Directive, implementing powers should be
so that the Commission can analyse the hazards
conferred on the Commission. Those powers should be
involved, and operate a system for the distribution of
exercised in accordance with Regulation (EU)
information concerning, in particular, major accidents
No 182/2011 of the European Parliament and of the
and lessons learned from them. That exchange of
Council of 16 February 2011 laying down the rules
information should also cover ‘near misses’ which
and general principles concerning mechanisms for
Member States regard as being of particular technical
control by the Member States of the Commission’s
interest for preventing major accidents and limiting
exercise of implementing powers ( 2 ).
their consequences. Member States and the Commission
should strive to ensure the completeness of the
information held on information systems established to
facilitate the exchange of information on major accidents.
(29) Member States should lay down rules on penalties
applicable to infringements of the national provisions
adopted pursuant to this Directive and ensure that they
(25) Member
States
should
determine
the
competent
auth
are implemented. Those penalties should be effective,
orities responsible for ensuring that operators fulfil
proportionate and dissuasive.
their obligations. The competent authorities and the
Commission should cooperate in activities in support
of implementation such as the development of appro
priate guidance and exchanges of best practice. To
avoid unnecessary administrative burden, information
(30) Since the objective of this Directive, namely to ensure a
high level of protection of human health and the
obligations should be integrated, where appropriate,
environment, cannot be sufficiently achieved by
with those under other relevant Union legislation.
Member States and can, therefore, be better achieved at
Union level, the Union may adopt measures in
accordance with the principle of subsidiarity as set out
in Article 5 of the Treaty on European Union. In
(26) Member States should ensure that competent authorities
accordance with the principle of proportionality, as set
take the necessary measures in the event of non-
out in that Article, this Directive does not go beyond
compliance with this Directive. In order to ensure
what is necessary in order to achieve that objective.
effective implementation and enforcement, there should
be a system of inspections, including a programme of
( 1 ) OJ L 334, 17.12.2010, p. 17.
routine inspections at regular intervals and non-routine
( 2 ) OJ L 55, 28.2.2011, p. 13.

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European
Union L
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(31) In
accordance
with
the
Joint
Political
Declaration
of
(f) the offshore exploration and exploitation of minerals,
Member States and the Commission of 28 September
including hydrocarbons;
2011 on explanatory documents ( 1 ), Member States
have undertaken to accompany, in justified cases, the
notification of their transposition measures with one or
(g) the storage of gas at underground offshore sites including
more documents explaining the relationship between the
both dedicated storage sites and sites where exploration and
components of a directive and the corresponding parts of
exploitation of minerals, including hydrocarbons are also
national transposition instruments. With regard to this
carried out;
Directive, the legislator considers the transmission of
such documents to be justified.
(h) waste land-fill sites, including underground waste storage.
(32) Directive
96/82/EC
should
therefore
be
amended
and
subsequently repealed,
Notwithstanding points (e) and (h) of the first subparagraph,
onshore underground gas storage in natural strata, aquifers,
HAVE ADOPTED THIS DIRECTIVE:
salt cavities and disused mines and chemical and thermal
processing operations and storage related to those operations
which involve dangerous substances, as well as operational
tailings disposal facilities, including tailing ponds or dams,
Article 1
containing dangerous substances shall be included within the
Subject matter
scope of this Directive.
This Directive lays down rules for the prevention of major
accidents which involve dangerous substances, and the limi
tation of their consequences for human health and the
Article 3
environment, with a view to ensuring a high level of protection
Definitions
throughout the Union in a consistent and effective manner.
For the purposes of this Directive the following definitions shall
apply:
Article 2
Scope
1. ‘establishment’ means the whole location under the control
1. This
Directive
shall
apply
to
establishments
as
defined
in
of an operator where dangerous substances are present in
Article 3(1).
one or more installations, including common or related
infrastructures or activities; establishments are either
lower-tier establishments or upper-tier establishments;
2. This
Directive
shall
not
apply
to
any
of
the
following:
2. ‘lower-tier establishment’ means an establishment where
(a) military establishments, installations or storage facilities;
dangerous substances are present in quantities equal to or
in excess of the quantities listed in Column 2 of Part 1 or
in Column 2 of Part 2 of Annex I, but less than the
quantities listed in Column 3 of Part 1 or in Column 3
(b) hazards created by ionising radiation originating from
of Part 2 of Annex I, where applicable using the
substances;
summation rule laid down in note 4 to Annex I;
(c) the transport of dangerous substances and directly related
intermediate temporary storage by road, rail, internal
3. ‘upper-tier establishment’ means an establishment where
waterways, sea or air, outside the establishments covered
dangerous substances are present in quantities equal to or
by this Directive, including loading and unloading and
in excess of the quantities listed in Column 3 of Part 1 or
transport to and from another means of transport at
in Column 3 of Part 2 of Annex I, where applicable using
docks, wharves or marshalling yards;
the summation rule laid down in note 4 to Annex I;
(d) the transport of dangerous substances in pipelines, including
4. ‘neighbouring establishment’ means an establishment that is
pumping stations, outside establishments covered by this
located in such proximity to another establishment so as to
Directive;
increase the risk or consequences of a major accident;
(e) the exploitation, namely the exploration, extraction and
5. ‘new establishment’ means
processing, of minerals in mines and quarries, including
by means of boreholes;
(a) an establishment that enters into operation or is
( 1 ) OJ C 369, 17.12.2011, p. 14.
constructed, on or after 1 June 2015; or

L 197/6
EN
Official Journal of the European Union
24.7.2012
(b) a site of operation that falls within the scope of this
danger to human health or the environment, immediate or
Directive, or a lower-tier establishment that becomes an
delayed, inside or outside the establishment, and involving
upper-tier establishment or vice versa, on or after
one or more dangerous substances;
1 June 2015 due to modifications to its installations
or activities resulting in a change in its inventory of
dangerous substances;
14. ‘hazard’ means the intrinsic property of a dangerous
substance or physical situation, with a potential for
6. ‘existing establishment’ means an establishment that on
creating damage to human health or the environment;
31 May 2015 falls within the scope of Directive
96/82/EC and from 1 June 2015 falls within the scope
of this Directive without changing its classification as a
15. ‘risk’ means the likelihood of a specific effect occurring
lower-tier establishment or upper-tier establishment;
within a specified period or in specified circumstances;
7. ‘other establishment’ means a site of operation that falls
within the scope of this Directive, or a lower-tier estab
16. ‘storage’ means the presence of a quantity of dangerous
lishment that becomes an upper-tier establishment or vice
substances for the purposes of warehousing, depositing in
versa, on or after 1 June 2015 for reasons other than those
safe custody or keeping in stock;
referred to in point 5;
17. ‘the public’ means one or more natural or legal persons
8. ‘installation’ means a technical unit within an establishment
and, in accordance with national law or practice, their
and whether at or below ground level, in which dangerous
associations, organisations or groups;
substances are produced, used, handled or stored; it
includes all the equipment, structures, pipework,
machinery, tools, private railway sidings, docks, unloading
quays serving the installation, jetties, warehouses or similar
18. ‘the public concerned’ means the public affected or likely to
structures, floating or otherwise, necessary for the operation
be affected by, or having an interest in, the taking of a
of that installation;
decision on any of the matters covered by Article 15(1);
for the purposes of this definition, non-governmental
organisations promoting environmental protection and
9. ‘operator’ means any natural or legal person who operates
meeting any applicable requirements under national law
or controls an establishment or installation or, where
shall be deemed to have an interest;
provided for by national legislation, to whom the decisive
economic or decision-making power over the technical
functioning of the establishment or installation has been
delegated;
19. ‘inspection’ means all actions, including site visits, checks of
internal measures, systems and reports and follow-up docu
ments, and any necessary follow-up, undertaken by or on
behalf of the competent authority to check and promote
10. ‘dangerous substance’ means a substance or mixture
compliance of establishments with the requirements of this
covered by Part 1 or listed in Part 2 of Annex I,
Directive.
including in the form of a raw material, product, by-
product, residue or intermediate;
Article 4
11. ‘mixture’ means a mixture or solution composed of two or
Assessment of major-accident hazards for a particular
more substances;
dangerous substance
1. The
Commission
shall
assess,
where
appropriate
or
in
any
12. ‘presence of dangerous substances’ means the actual or
event on the basis of a notification by a Member State in
anticipated presence of dangerous substances in the estab
accordance with paragraph 2, whether it is impossible in
lishment, or of dangerous substances which it is reasonable
practice for a particular dangerous substance covered by Part
to foresee may be generated during loss of control of the
1 or listed in Part 2 of Annex I, to cause a release of matter or
processes, including storage activities, in any installation
energy that could create a major accident under both normal
within the establishment, in quantities equal to or
and abnormal conditions which can reasonably be foreseen.
exceeding the qualifying quantities set out in Part 1 or
That assessment shall take into account the information
Part 2 of Annex I;
referred to in paragraph 3, and shall be based on one or
more of the following characteristics:
13. ‘major accident’ means an occurrence such as a major
emission, fire, or explosion resulting from uncontrolled
(a) the physical form of the dangerous substance under normal
developments in the course of the operation of any estab
processing or handling conditions or in an unplanned loss
lishment covered by this Directive, and leading to serious
of containment;

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(b) the inherent properties of the dangerous substance, in
4. Following
the
assessment
referred
to
in
paragraph
1,
the
particular those related to dispersive behaviour in a major-
Commission shall, if appropriate, present a legislative proposal
accident scenario, such as molecular mass and saturated
to the European Parliament and to the Council to exclude the
vapour pressure;
dangerous substance concerned from the scope of this Directive.
Article 5
(c) the maximum concentration of the substances in the case of
mixtures.
General obligations of the operator
1. Member
States
shall
ensure
that
the
operator
is
obliged
to
take all necessary measures to prevent major accidents and to
For the purposes of the first subparagraph, the containment and
limit their consequences for human health and the environment.
generic packing of the dangerous substance should, where
appropriate, also be taken into account, including in particular
where covered under specific Union legislation.
2.
Member States shall ensure that the operator is required to
prove to the competent authority referred to in Article 6, at any
time, in particular for the purposes of inspections and controls
referred to in Article 20, that the operator has taken all
2. Where a Member State considers that a dangerous
necessary measures as specified in this Directive.
substance does not present a major-accident hazard in
accordance with paragraph 1, it shall notify the Commission
together with supporting justification, including the information
referred to in paragraph 3.
Article 6
Competent authority
1. Without prejudice
to
the
operator’s
responsibilities,
3. For
the
purposes
of
paragraphs
1
and
2,
information Member States shall set up or appoint the competent
necessary for assessing the health, physical and environmental
authority or authorities responsible for carrying out the duties
hazard properties of the dangerous substance concerned shall
laid down in this Directive (‘the competent authority’) and, if
include:
necessary, bodies to assist the competent authority at technical
level. Member States which set up or appoint more than one
competent authority shall ensure that the procedures for
carrying out their duties are fully coordinated.
(a) a comprehensive list of properties necessary to assess the
dangerous substance’s potential for causing physical, health
or environmental harm;
2. The
competent
authorities
and
the
Commission
shall
cooperate in activities in support of implementation of this
Directive, involving stakeholders as appropriate.
(b) physical and chemical properties (for instance molecular
mass, saturated vapour pressure, inherent toxicity, boiling
point, reactivity, viscosity, solubility and other relevant
3. Member
States
shall
ensure
that
competent
authorities
properties);
accept equivalent information submitted by operators in
accordance with other relevant Union legislation, which fulfils
any of the requirements of this Directive, for the purposes of
this Directive. In such cases the competent authorities shall
(c) health and physical hazard properties (for instance reactivity,
ensure that the requirements of this Directive are complied with.
flammability, toxicity together with additional factors such
as mode of attack on the body, injury to fatality ratio, and
long-term effects, and other properties as relevant);
Article 7
Notification
(d) environmental hazard properties (for instance ecotoxicity,
1. Member
States
shall
require
the
operator
to
send
a
notifi
persistence, bio-accumulation, potential for long-range envi
cation to the competent authority containing the following
ronmental transport, and other properties as relevant);
information:
(a) the name and/or trade name of the operator and the full
(e) where available, the Union classification of the substance or
address of the establishment concerned;
mixture;
(b) the registered place of business of the operator, with the full
(f) information about substance-specific operating conditions
address;
(for instance temperature, pressure and other conditions as
relevant) under which the dangerous substance is stored,
used and/or may be present in the event of foreseeable
(c) the name and position of the person in charge of the
abnormal operations or an accident such as fire.
establishment, if different from point (a);

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(d) information sufficient to identify the dangerous substances
Article 8
and category of substances involved or likely to be present;
Major-accident prevention policy
1. Member
States
shall
require
the
operator
to
draw
up
a
(e) the quantity and physical form of the dangerous substance
document in writing setting out the major-accident prevention
or substances concerned;
policy (MAPP) and to ensure that it is properly implemented.
The MAPP shall be designed to ensure a high level of protection
of human health and the environment. It shall be proportionate
(f) the activity or proposed activity of the installation or
to the major-accident hazards. It shall include the operator’s
storage facility;
overall aims and principles of action, the role and responsibility
of management, as well as the commitment towards
continuously improving the control of major-accident hazards,
(g) the immediate environment of the establishment, and
and ensuring a high level of protection.
factors likely to cause a major accident or to aggravate
the consequences thereof including, where available, details
2. The
MAPP
shall
be
drawn
up
and,
where
required
by
of neighbouring establishments, of sites that fall outside the
national law, sent to the competent authority within the
scope of this Directive, areas and developments that could
following time-limits:
be the source of or increase the risk or consequences of a
major accident and of domino effects.
(a) for new establishments, a reasonable period of time prior to
the start of construction or operation, or prior to the modi
2. The
notification
or
its
update
shall
be
sent
to
the
fications leading to a change in the inventory of dangerous
competent authority within the following time-limits:
substances;
(a) for new establishments, a reasonable period of time prior to
(b) for all other cases, one year from the date from which this
the start of construction or operation, or prior to the modi
Directive applies to the establishment concerned.
fications leading to a change in the inventory of dangerous
substances;
3. Paragraphs 1 and 2 shall not apply if the operator has
already established the MAPP and, where required by national
law, sent it to the competent authority before 1 June 2015, and
(b) for all other cases, one year from the date from which this
the information contained therein complies with paragraph 1
Directive applies to the establishment concerned.
and has remained unchanged.
3. Paragraphs 1 and 2 shall not apply if the operator has
4. Without
prejudice
to
Article
11,
the
operator
shall
period
already sent a notification to the competent authority under the
ically review and where necessary update the MAPP, at least
requirements of national legislation before 1 June 2015, and the
every five years. Where required by national law the updated
information contained therein complies with paragraph 1 and
MAPP shall be sent to the competent authority without delay.
has remained unchanged.
5. The
MAPP
shall
be
implemented
by
appropriate
means,
4. The
operator
shall
inform
the
competent
authority
in structures and by a safety management system, in accordance
advance of the following events:
with Annex III, proportionate to the major-accident hazards,
and the complexity of the organisation or the activities of the
establishment. For lower-tier establishments, the obligation to
(a) any significant increase or decrease in the quantity or
implement the MAPP may be fulfilled by other appropriate
significant change in the nature or physical form of the
means, structures and management systems, proportionate to
dangerous substance present, as indicated in the notification
major-accident hazards, taking into account the principles set
provided by the operator pursuant to paragraph 1, or a
out in Annex III.
significant change in the processes employing it;
Article 9
(b) modification of an establishment or an installation which
Domino effects
could have significant consequences in terms of major-
1. Member
States
shall
ensure
that
the
competent
authority,
accident hazards;
using the information received from the operators in
accordance with Articles 7 and 10, or following a request for
additional information from the competent authority, or
(c) the permanent closure of the establishment or its de-
through inspections pursuant to Article 20, identifies all
commissioning; or
lower-tier and upper-tier establishments or groups of estab
lishments where the risk or consequences of a major accident
may be increased because of the geographical position and the
(d) changes in the information referred to in points (a), (b) or
proximity of such establishments, and their inventories of
(c) of paragraph 1.
dangerous substances.

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2.
Where the competent authority has additional information
2. The
safety
report
shall
contain
at
least
the
data
and
to that provided by the operator pursuant to point (g) of
information listed in Annex II. It shall name the relevant organi
Article 7(1), it shall make this information available to that
sations involved in the drawing up of the report.
operator, if it is necessary for the application of this Article.
3. The
safety
report
shall
be
sent
to
the
competent
authority
3. Member
States
shall
ensure
that
operators
of
the
estab
within the following time-limits:
lishments identified in accordance with paragraph 1:
(a) for new establishments, a reasonable period of time prior to
(a) exchange suitable information to enable those estab
the start of construction or operation, or prior to the modi
lishments to take account of the nature and extent of the
fications leading to a change in the inventory of dangerous
overall hazard of a major accident in their MAPP, safety
substances;
management systems, safety reports and internal
emergency plans, as appropriate;
(b) for existing upper-tier establishments, 1 June 2016;
(b) cooperate in informing the public and neighbouring sites
that fall outside the scope of this Directive, and in supplying
information to the authority responsible for the preparation
(c) for other establishments, two years from the date from
of external emergency plans.
which this Directive applies to the establishment concerned.
Article 10
4. Paragraphs 1, 2 and 3 shall not apply if the operator has
already sent the safety report to the competent authority under
Safety report
the requirements of national law before 1 June 2015, and the
information contained therein complies with paragraphs 1 and
1. Member
States
shall
require
the
operator
of
an
upper-tier 2 and has remained unchanged. In order to comply with para
establishment to produce a safety report for the purposes of:
graphs 1 and 2, the operator shall submit any changed parts of
the safety report in the format agreed by the competent auth
ority, subject to the time-limits referred to in paragraph 3.
(a) demonstrating that a MAPP and a safety management
system for implementing it have been put into effect in
accordance with the information set out in Annex III;
5. Without
prejudice
to
Article
11,
the
operator
shall
period
ically review and where necessary update the safety report at
least every five years.
(b) demonstrating that major-accident hazards and possible
major-accident scenarios have been identified and that the
necessary measures have been taken to prevent such
The operator shall also review and where necessary update the
accidents and to limit their consequences for human
safety report following a major accident at its establishment,
health and the environment;
and at any other time at the initiative of the operator or at
the request of the competent authority, where justified by new
facts or by new technological knowledge about safety matters,
including knowledge arising from analysis of accidents or, as far
(c) demonstrating that adequate safety and reliability have been
as possible, ‘near misses’, and by developments in knowledge
taken into account in the design, construction, operation
concerning the assessment of hazards.
and maintenance of any installation, storage facility,
equipment and infrastructure connected with its operation
which are linked to major-accident hazards inside the estab
lishment;
The updated safety report or updated parts thereof shall be sent
to the competent authority without delay.
(d) demonstrating that internal emergency plans have been
drawn up and supplying information to enable the
6. Before
the
operator
commences
construction
or
operation,
external emergency plan to be drawn up;
or in the cases referred to in points (b) and (c) of paragraph 3
and in paragraph 5 of this Article, the competent authority shall
within a reasonable period of receipt of the report communicate
the conclusions of its examination of the safety report to the
(e) providing sufficient information to the competent authority
operator and, where appropriate, in accordance with Article 19,
to enable decisions to be made regarding the siting of new
prohibit the bringing into use, or the continued use, of the
activities or developments around existing establishments.
establishment concerned.

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Article 11
3. The
emergency
plans
shall
be
established
with
the
following objectives:
Modification of an installation, an establishment or a
storage facility
In the event of the modification of an installation, estab
(a) containing and controlling incidents so as to minimise the
lishment, storage facility, or process or of the nature or
effects, and to limit damage to human health, the
physical form or quantity of dangerous substances which
environment and property;
could have significant consequences for major-accident
hazards, or could result in a lower-tier establishment
becoming an upper-tier establishment or vice versa, Member
(b) implementing the necessary measures to protect human
States shall ensure that the operator reviews, and where
health and the environment from the effects of major
necessary updates the notification, the MAPP, the safety
accidents;
management system and the safety report and informs the
competent authority of the details of those updates in
advance of that modification.
(c) communicating the necessary information to the public and
to the services or authorities concerned in the area;
Article 12
(d) providing for the restoration and clean-up of the
Emergency plans
environment following a major accident.
1. Member
States
shall
ensure
that,
for
all
upper-tier
estab
lishments:
Emergency plans shall contain the information set out in Annex
IV.
(a) the operator draws up an internal emergency plan for the
measures to be taken inside the establishment;
4. Member
States
shall
ensure
that
the
internal
emergency
plans provided for in this Directive are drawn up in consul
tation with the personnel working inside the establishment,
including long-term relevant subcontracted personnel.
(b) the operator supplies the necessary information to the
competent authority, to enable the latter to draw up
external emergency plans;
5. Member
States
shall
ensure
that
the
public
concerned
is
given early opportunity to give its opinion on external
emergency plans when they are being established or substan
(c) the authorities designated for that purpose by the Member
tially modified.
State draw up an external emergency plan for the measures
to be taken outside the establishment within two years
following receipt of the necessary information from the
6. Member States shall ensure that internal and external
operator pursuant to point (b).
emergency plans are reviewed, tested, and where necessary
updated by the operators and designated authorities respectively
at suitable intervals of no longer than three years. The review
shall take into account changes occurring in the establishments
2. Operators
shall
comply
with
the
obligations
set
out
in concerned or within the emergency services concerned, new
points (a) and (b) of paragraph 1 within the following time-
technical knowledge, and knowledge concerning the response
limits:
to major accidents.
With regard to external emergency plans, Member States shall
(a) for new establishments, a reasonable period of time prior to
take into account the need to facilitate enhanced cooperation in
the start of operation, or prior to the modifications leading
civil protection assistance in major emergencies.
to a change in the inventory of dangerous substances;
7. Member States shall ensure that emergency plans are put
(b) for existing upper-tier establishments, by 1 June 2016
into effect without delay by the operator and, if necessary, by
unless the internal emergency plan drawn up under the
the competent authority designated for this purpose when a
requirements of national law before that date, and the
major accident occurs, or when an uncontrolled event occurs
information contained therein, and the information
which by its nature could reasonably be expected to lead to a
referred to in point (b) of paragraph 1, complies with this
major accident.
Article and has remained unchanged;
8. The
competent
authority
may
decide,
giving
reasons
for
their decision, in view of the information contained in the safety
(c) for other establishments, two years from the date from
report, that the requirement to produce an external emergency
which this Directive applies to the establishment concerned.
plan under paragraph 1 shall not apply.

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Article 13
4. The requirements of paragraphs 1, 2 and 3 of this Article
shall apply without prejudice to the provisions of Directive
Land-use planning
2011/92/EU of the European Parliament and of the Council
1. Member
States
shall
ensure
that
the
objectives
of of 13 December 2011 on the assessment of the effects of
preventing major accidents and limiting the consequences of
certain public and private projects on the environment ( 1 ),
such accidents for human health and the environment are
Directive 2001/42/EC of the European Parliament and of the
taken into account in their land-use policies or other relevant
Council of 27 June 2001 on the assessment of the effects of
policies. They shall pursue those objectives through controls on:
certain plans and programmes on the environment ( 2 ) and other
relevant Union legislation. Member States may provide for coor
dinated or joint procedures in order to fulfil the requirements of
this Article and the requirements of that legislation, inter alia, to
(a) the siting of new establishments;
avoid duplication of assessment or consultations.
Article 14
(b) modifications to establishments covered by Article 11;
Information to the public
1. Member States shall ensure that the information referred
to in Annex V is permanently available to the public, including
(c) new developments including transport routes, locations of
electronically. The information shall be kept updated, where
public use and residential areas in the vicinity of establish
necessary, including in the event of modifications covered by
ments, where the siting or developments may be the source
Article 11.
of or increase the risk or consequences of a major accident.
2. For
upper-tier
establishments,
Member
States
shall
also
ensure that:
2. Member
States
shall
ensure
that
their
land-use
or
other
relevant policies and the procedures for implementing those
policies take account of the need, in the long term:
(a) all persons likely to be affected by a major accident receive
regularly and in the most appropriate form, without having
to request it, clear and intelligible information on safety
(a) to maintain appropriate safety distances between estab
measures and requisite behaviour in the event of a major
lishments covered by this Directive and residential areas,
accident;
buildings and areas of public use, recreational areas, and,
as far as possible, major transport routes;
(b) the safety report is made available to the public upon
request subject to Article 22(3); where Article 22(3)
applies, an amended report, for instance in the form of a
(b) to protect areas of particular natural sensitivity or interest in
non-technical summary, which shall include at least general
the vicinity of establishments, where appropriate through
information on major-accident hazards and on potential
appropriate safety distances or other relevant measures;
effects on human health and the environment in the
event of a major accident, shall be made available;
(c) in the case of existing establishments, to take additional
(c) the inventory of dangerous substances is made available to
technical measures in accordance with Article 5 so as not
the public upon request subject to Article 22(3).
to increase the risks to human health and the environment.
The information to be supplied under point (a) of the first
subparagraph of this paragraph shall include at least the
3. Member States shall ensure that all competent authorities
information referred to in Annex V. That information shall
and planning authorities responsible for decisions in this area
likewise be supplied to all buildings and areas of public use,
set up appropriate consultation procedures to facilitate imple
including schools and hospitals, and to all neighbouring estab
mentation of the policies established under paragraph 1. The
lishments in the case of establishments covered by Article 9.
procedures shall be designed to ensure that operators provide
Member States shall ensure that the information is supplied at
sufficient information on the risks arising from the estab
least every five years and periodically reviewed and where
lishment and that technical advice on those risks is available,
necessary, updated, including in the event of modifications
either on a case-by-case or on a generic basis, when decisions
covered by Article 11.
are taken.
3. Member
States
shall,
with
respect
to
the
possibility
of
a
major accident with transboundary effects originating in an
Member States shall ensure that operators of lower-tier estab
upper-tier establishment, provide sufficient information to the
lishments provide, at the request of the competent authority,
sufficient information on the risks arising from the estab
( 1 ) OJ L 26, 28.1.2012, p. 1.
lishment necessary for land-use planning purposes.
( 2 ) OJ L 197, 21.7.2001, p. 30.

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potentially affected Member States so that all relevant provisions
(f) details of the arrangements for public participation and
contained in Articles 12 and 13 and in this Article can be
consultation made pursuant to paragraph 7 of this Article.
applied, where applicable, by the potentially affected Member
States.
3. With
regard
to
the
specific
individual
projects
referred
to
in paragraph 1, Member States shall ensure that, within appro
4. Where the Member State concerned has decided that an
priate time-frames, the following is made available to the public
establishment close to the territory of another Member State is
concerned:
incapable of creating a major-accident hazard beyond its
boundary for the purposes of Article 12(8) and is not
therefore required to produce an external emergency plan
(a) in accordance with national legislation, the main reports
under Article 12(1), it shall inform the other Member State of
and advice issued to the competent authority at the time
its reasoned decision.
when the public concerned was informed pursuant to
paragraph 2;
Article 15
(b) in accordance with the provisions of Directive 2003/4/EC of
Public consultation and participation in decision-making
the European Parliament and of the Council of 28 January
1. Member
States
shall
ensure
that
the
public
concerned
is
2003 on public access to environmental information ( 1 ),
given an early opportunity to give its opinion on specific indi
information other than that referred to in paragraph 2 of
vidual projects relating to:
this Article which is relevant for the decision in question
and which only becomes available after the public
concerned was informed in accordance with that paragraph.
(a) planning for new establishments pursuant to Article 13;
4. Member
States
shall
ensure
that
the
public
concerned
is
entitled to express comments and opinions to the competent
(b) significant modifications to establishments under Article 11,
authority before a decision is taken on a specific individual
where such modifications are subject to obligations
project as referred to in paragraph 1, and that the results of
provided for in Article 13;
the consultations held pursuant to paragraph 1 are duly taken
into account in the taking of a decision.
(c) new developments around establishments where the siting
or developments may increase the risk or consequences of a
5. Member
States
shall
ensure
that
when
the
relevant
major accident pursuant to Article 13.
decisions are taken, the competent authority shall make
available to the public:
2. With
regard
to
the
specific
individual
projects
referred
to
in paragraph 1, the public shall be informed by public notices
(a) the content of the decision and the reasons on which it is
or other appropriate means, including electronic media where
based, including any subsequent updates;
available, of the following matters early in the procedure for the
taking of a decision or, at the latest, as soon as the information
can reasonably be provided:
(b) the results of the consultations held before the decision was
taken and an explanation of how they were taken into
account in that decision.
(a) the subject of the specific project;
6. Where
general
plans
or
programmes
are
being
established
(b) where applicable, the fact that a project is subject to a
relating to the matters referred to in points (a) or (c) of
national or transboundary environmental impact assessment
paragraph 1, Member States shall ensure that the public is
or to consultations between Member States in accordance
given early and effective opportunities to participate in their
with Article 14(3);
preparation and modification or review using the procedures
set out in Article 2(2) of Directive 2003/35/EC of the
European Parliament and of the Council of 26 May 2003
(c) details of the competent authority responsible for taking the
providing for public participation in respect of the drawing
decision, from which relevant information can be obtained
up of certain plans and programmes relating to the environ
and to which comments or questions can be submitted, and
ment ( 2 ).
details of the time schedule for transmitting comments or
questions;
Member States shall identify the public entitled to participate for
the purposes of this paragraph, including relevant non-govern
(d) the nature of possible decisions or, where there is one, the
mental organisations meeting any relevant requirements
draft decision;
imposed under national law, such as those promoting environ
mental protection.
(e) an indication of the times and places where, or means by
( 1 ) OJ L 41, 14.2.2003, p. 26.
which, the relevant information will be made available;
( 2 ) OJ L 156, 25.6.2003, p. 17.

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This paragraph shall not apply to plans and programmes for
(b) collect, by inspection, investigation or other appropriate
which a public participation procedure is carried out under
means, the information necessary for a full analysis of the
Directive 2001/42/EC.
technical, organisational and managerial aspects of the
accident;
7. The
detailed
arrangements
for
informing
the
public
and
consulting the public concerned shall be determined by the
Member States.
(c) take appropriate action to ensure that the operator takes
any necessary remedial measures;
Reasonable time-frames for the different phases shall be
provided, allowing sufficient time for informing the public
(d) make recommendations on future preventive measures; and
and for the public concerned to prepare and participate effec
tively in environmental decision-making subject to the
provisions of this Article.
(e) inform the persons likely to be affected, of the accident
which has occurred and, where relevant, of the measures
Article 16
undertaken to mitigate its consequences.
Information to be supplied by the operator and actions to
be taken following a major accident
Article 18
Member States shall ensure that, as soon as practicable
Information to be supplied by the Member States
following a major accident, the operator shall be required,
following a major accident
using the most appropriate means to:
1. For
the
purpose
of
prevention
and
mitigation
of
major
accidents, Member States shall inform the Commission of major
(a) inform the competent authority;
accidents meeting the criteria of Annex VI which have occurred
within their territory. They shall provide it with the following
(b) provide the competent authority with the following
details:
information as soon as it becomes available:
(a) the Member State, the name and address of the authority
(i) the circumstances of the accident;
responsible for the report;
(ii) the dangerous substances involved;
(b) the date, time and place of the accident, including the full
name of the operator and the address of the establishment
(iii) the data available for assessing the effects of the
involved;
accident on human health, the environment and
property;
(c) a brief description of the circumstances of the accident,
(iv) the emergency measures taken;
including the dangerous substances involved, and the
immediate effects on human health and the environment;
(c) inform the competent authority of the steps envisaged to:
(d) a brief description of the emergency measures taken and of
(i) mitigate the medium-term and long-term effects of the
the immediate precautions necessary to prevent recurrence;
accident;
(ii) prevent any recurrence of such an accident;
(e) the results of their analysis and recommendations.
(d) update the information provided if further investigation
2. The
information
referred
to
in
paragraph
1
of
this
Article
reveals additional facts which alter that information or the
shall be provided as soon as practicable and at the latest within
conclusions drawn.
one year of the date of the accident, using the database referred
to in Article 21(4). Where only preliminary information under
Article 17
point (e) of paragraph 1 can be provided within this time-limit
for inclusion in the database, the information shall be updated
Action to be taken by the competent authority following a
once the results of further analysis and recommendations are
major accident
available.
Following a major accident, Member States shall require the
competent authority to:
Reporting of the information referred to in point (e) of
paragraph 1 by Member States may be delayed to allow for
(a) ensure that any urgent, medium-term and long-term
the completion of judicial proceedings where such reporting
measures which may prove necessary are taken;
may affect those proceedings.

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3. For the purposes of providing the information referred to
(d) information has been supplied to the public pursuant to
in paragraph 1 of this Article by Member States, a report form
Article 14.
shall be established in the form of implementing acts. Those
implementing acts shall be adopted in accordance with the
examination procedure referred to in Article 27(2).
3. Member States shall ensure that all establishments are
covered by an inspection plan at national, regional or local
level and shall ensure that this plan is regularly reviewed and,
4. Member States shall inform the Commission of the name
where appropriate, updated.
and address of any body which might have relevant information
on major accidents and which is able to advise the competent
authorities of other Member States which have to intervene in
the event of such an accident.
Each inspection plan shall include the following:
Article 19
(a) a general assessment of relevant safety issues;
Prohibition of use
1. Member
States
shall
prohibit
the
use
or
bringing
into
use (b) the geographical area covered by the inspection plan;
of any establishment, installation or storage facility, or any part
thereof where the measures taken by the operator for the
prevention and mitigation of major accidents are seriously defi
cient. To this end, Member States shall, inter alia, take into
(c) a list of the establishments covered by the plan;
account serious failures to take the necessary actions identified
in the inspection report.
(d) a list of groups of establishments with possible domino
effects pursuant to Article 9;
Member States may prohibit the use or bringing into use of any
establishment, installation or storage facility, or any part thereof
if the operator has not submitted the notification, reports or
(e) a list of establishments where particular external risks or
other information required by this Directive within the specified
hazard sources could increase the risk or consequences of
period.
a major accident;
2. Member
States
shall
ensure
that
operators
may
appeal
against a prohibition order by a competent authority under
(f) procedures for routine inspections, including the
paragraph 1 to an appropriate body determined by national
programmes for such inspections pursuant to paragraph 4;
law and procedures.
(g) procedures for non-routine inspections pursuant to
Article 20
paragraph 6;
Inspections
1. Member
States
shall
ensure
that
the
competent
authorities (h) provisions on the co-operation between different inspection
organise a system of inspections.
authorities.
2. Inspections
shall
be
appropriate
to
the
type
of
estab
lishment concerned. They shall not be dependent upon receipt
4. Based
on
the
inspection
plans
referred
to
in
paragraph
3,
of the safety report or any other report submitted. They shall be
the competent authority shall regularly draw up programmes
sufficient for a planned and systematic examination of the
for routine inspections for all establishments including the
systems being employed at the establishment, whether of a
frequency of site visits for different types of establishments.
technical, organisational or managerial nature, so as to ensure
in particular that:
The period between two consecutive site visits shall not exceed
one year for upper-tier establishments and three years for lower-
(a) the operator can demonstrate that he has taken appropriate
tier establishments, unless the competent authority has drawn
measures, in connection with the various activities of the
up an inspection programme based on a systematic appraisal of
establishment, to prevent major accidents;
major-accident hazards of the establishments concerned.
(b) the operator can demonstrate that he has provided appro
priate means for limiting the consequences of major
5. The
systematic
appraisal
of
the
hazards
of
the
estab
accidents, on-site and off-site;
lishments concerned shall be based on at least the following
criteria:
(c) the data and information contained in the safety report, or
any other report submitted, adequately reflects the
(a) the potential impacts of the establishments concerned on
conditions in the establishment;
human health and the environment;

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(b) the record of compliance with the requirements of this
3. For
establishments
covered
by
this
Directive,
Member
Directive.
States shall supply the Commission with at least the following
information:
Where appropriate, relevant findings of inspections carried out
under other Union legislation shall also be taken into account.
(a) the name or trade name of the operator and the full address
of the establishment concerned;
6. Non-routine
inspections
shall
be
carried
out
to
investigate (b) the activity or activities of the establishment.
serious complaints, serious accidents and ‘near misses’, incidents
and occurrences of non-compliance as soon as possible.
The Commission shall set up and keep up to date a database
containing the information supplied by the Member States.
7. Within
four
months
after
each
inspection,
the
competent Access to the database shall be restricted to persons authorised
authority shall communicate the conclusions of the inspection
by the Commission or the competent authorities of the Member
and all the necessary actions identified to the operator. The
States.
competent authority shall ensure that the operator takes all
those necessary actions within a reasonable period after
receipt of the communication.
4. The
Commission
shall
set
up
and
keep
at
the
disposal
of
Member States a database containing, in particular, details of the
major accidents which have occurred within the territory of
Member States, for the purpose of:
8. If an inspection has identified an important case of non-
compliance with this Directive, an additional inspection shall be
carried out within six months.
(a) the rapid dissemination of the information supplied by
Member States pursuant to Article 18(1) and (2) among
all competent authorities;
9. Inspections
shall,
where
possible,
be
coordinated
with
inspections under other Union legislation and combined,
where appropriate.
(b) distribution to competent authorities of an analysis of the
causes of major accidents and the lessons learned from
them;
10. Member
States
shall
encourage
the
competent
authorities
to provide mechanisms and tools for exchanging experience and
(c) supply of information to competent authorities on
consolidating knowledge, and to participate in such mechanisms
preventive measures;
at Union level where appropriate.
(d) provision of information on organisations able to provide
11. Member
States
shall
ensure
that
operators
provide
the
advice or relevant information on the occurrence,
competent authorities with all necessary assistance to enable
prevention and mitigation of major accidents.
those authorities to carry out any inspection and to gather
any information necessary for the performance of their duties
for the purposes of this Directive, in particular to allow the
5. The
Commission
shall,
by
1
January
2015,
adopt
imple
authorities to fully assess the possibility of a major accident
menting acts to establish the formats for communicating the
and to determine the scope of possible increased probability
information referred to in paragraphs 2 and 3 of this Article
or aggravation of major accidents, to prepare an external
from Member States and the relevant databases referred to in
emergency plan and to take into account substances which,
paragraphs 3 and 4. Those implementing acts shall be adopted
due to their physical form, particular conditions or location,
in accordance with the examination procedure referred to in
may require additional consideration.
Article 27(2).
6. The
databases
referred
to
in
paragraph
4
shall
contain,
at
Article 21
least:
Information system and exchanges
1. Member
States
and
the
Commission
shall
exchange (a) the information supplied by Member States in accordance
information on the experience acquired with regard to the
with Article 18(1) and (2);
prevention of major accidents and the limitation of their
consequences. This information shall concern, in particular,
the functioning of the measures provided for in this Directive.
(b) an analysis of the causes of the accidents;
(c) the lessons learned from the accidents;
2. By
30
September
2019,
and
every
four
years
thereafter,
Member States shall provide the Commission with a report on
the implementation of this Directive.
(d) the preventive measures necessary to prevent a recurrence.

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7. The
Commission
shall
make
publicly
available
the
non- to technical progress. Such adaptations shall not result in
confidential part of the data.
substantial changes in the obligations of the Member States
and the operators as laid down in this Directive.
Article 22
Access to information and confidentiality
Article 26
1. Member
States
shall
ensure,
in
the
interests
of
trans
parency, that the competent authority is required to make any
Exercise of the delegation
information held pursuant to this Directive available to any
1. The
power
to
adopt
delegated
acts
is
conferred
on
the
natural or legal person who so requests in accordance with
Commission subject to the conditions laid down in this Article.
Directive 2003/4/EC.
2. Disclosure
of
any
information
required
under
this 2. The power to adopt delegated acts referred to in Article 25
Directive, including under Article 14, may be refused or
shall be conferred on the Commission for a period of five years
restricted by the competent authority where the conditions
from 13 August 2012. The Commission shall draw up a report
laid down in Article 4 of Directive 2003/4/EC are fulfilled.
in respect of the delegation of power no later than nine months
before the end of the five-year period. The delegation of power
shall be tacitly extended for periods of an identical duration,
3. Disclosure
of
the
complete
information
referred
to
in
points (b) and (c) of Article 14(2) held by the competent
unless the European Parliament or the Council opposes such
extension not later than four months before the end of each
authority may be refused by that competent authority,
period.
without prejudice to paragraph 2 of this Article, if the
operator has requested not to disclose certain parts of the
safety report or the inventory of dangerous substances for the
reasons provided for in Article 4 of Directive 2003/4/EC.
3. The
delegation
of
power
referred
to
in
Article
25
may
be
revoked at any time by the European Parliament or by the
The competent authority may also decide for the same reasons
Council. A decision to revoke shall put an end to the delegation
that certain parts of the report or inventory shall not be
of the power specified in that decision. It shall take effect the
disclosed. In such cases, and on approval of that authority,
day following the publication of the decision in the Official
the operator shall supply to the competent authority an
Journal of the European Union or at a later date specified
amended report or inventory excluding those parts.
therein. It shall not affect the validity of any delegated acts
already in force.
Article 23
Access to justice
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall
Member States shall ensure that:
notify it simultaneously to the European Parliament and to the
Council.
(a) any applicant requesting information pursuant to points (b)
or (c) of Article 14(2) or Article 22(1) of this Directive is
able to seek a review in accordance with Article 6 of
5. A
delegated
act
adopted
pursuant
to
Article
25
shall
enter
Directive 2003/4/EC of the acts or omissions of a
into force only if no objection has been expressed either by the
competent authority in relation to such a request;
European Parliament or the Council within a period of two
months of notification of that act to the European Parliament
and the Council or if, before the expiry of that period, the
(b) in their respective national legal system, members of the
European Parliament and the Council have both informed the
public concerned have access to the review procedures set
Commission that they will not object. That period shall be
up in Article 11 of Directive 2011/92/EU for cases subject
extended by two months at the initiative of the European
to Article 15(1) of this Directive.
Parliament or of the Council.
Article 24
Article 27
Guidance
Committee procedure
The Commission may develop guidance on safety distance and
domino effects.
1. The
Commission
shall
be
assisted
by
the
Committee
estab
lished by Directive 96/82/EC. That Committee is a committee
within the meaning of Regulation (EU) No 182/2011.
Article 25
Amendment of Annexes
The Commission shall be empowered to adopt delegated acts in
2. Where
reference
is
made
to
this
paragraph,
Article
5
of
accordance with Article 26 in order to adapt Annexes II to VI
Regulation (EU) No 182/2011 shall apply.

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Article 28
provisions necessary to comply with Article 30 of this
Directive by 14 February 2014. They shall apply those
Penalties
measures from 15 February 2014.
Member States shall determine penalties applicable to
infringements of the national provisions adopted pursuant to
this Directive. The penalties thus provided for shall be effective,
They shall forthwith communicate to the Commission the text
proportionate and dissuasive. Member States shall notify those
of those provisions.
provisions to the Commission by 1 June 2015 and shall notify
it without delay of any subsequent amendment affecting them.
When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
Article 29
reference on the occasion of their official publication. Member
States shall determine how such reference is to be made.
Reporting and review
1. By
30
September
2020,
and
every
four
years
thereafter,
the Commission, on the basis of information submitted by
2. Member
States
shall
communicate
to
the
Commission
the
Member States in accordance with Article 18 and Article 21(2)
text of the main provisions of national law which they adopt in
and of information held in databases, as referred to in
the field covered by this Directive.
Article 21(3) and (4), and taking into account the implemen
tation of Article 4, shall submit to the European Parliament and
Article 32
to the Council a report on the implementation and efficient
functioning of this Directive, including information on major
Repeal
accidents that have occurred within the Union and their
potential impact upon the implementation of this Directive.
1. Directive
96/82/EC
is
repealed
with
effect
from
1
June
The Commission shall include in the first of those reports an
2015.
assessment of the need to amend the scope of this Directive.
Any report may, where appropriate, be accompanied by a legis
lative proposal.
2. References
to
the
repealed
Directive
shall
be
construed
as
references to this Directive and shall be read in accordance with
the correlation table set out in Annex VII.
2. In the context of relevant Union legislation, the
Commission may examine the need to address the issue of
financial responsibilities of the operator in relation to major
Article 33
accidents, including issues related to insurance.
Entry into force
This Directive shall enter into force on the twentieth day
Article 30
following that of its publication in the Official Journal of the
European Union.
Amendment of Directive 96/82/EC
In Directive 96/82/EC, the words ‘(d) heavy fuel oils’ are added
to the heading ‘Petroleum products’ in Part 1 of Annex I.
Article 34
Addressees
Article 31
This Directive is addressed to the Member States.
Transposition
1. Member
States
shall
bring
into
force
the
laws,
regulations Done at Strasbourg, 4 July 2012.
and administrative provisions necessary to comply with this
Directive by 31 May 2015. They shall apply those measures
from 1 June 2015.
For the European Parliament
For the Council
Notwithstanding the first subparagraph, Member States shall
The President
The President
bring into force the laws, regulations and administrative
M. SCHULZ
A. D. MAVROYIANNIS

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LIST OF ANNEXES
Annex I — Dangerous substances
Annex II — Minimum data and information to be considered in the safety report referred to in Article 10
Annex III — Information referred to in Article 8(5) and Article 10 on the safety management system and the organi
sation of the establishment with a view to the prevention of major accidents
Annex IV — Data and information to be included in the emergency plans referred to in Article 12
Annex V — Items of information to the public as provided for in Article 14(1) and in point (a) of Article 14(2)
Annex VI — Criteria for the notification of a major accident to the Commission as provided for in Article 18(1)
Annex VII — Correlation table

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ANNEX I
DANGEROUS SUBSTANCES
Dangerous substances covered by the hazard categories listed in Column 1 of Part 1 of this Annex are subject to the
qualifying quantities set out in Columns 2 and 3 of Part 1.
Where a dangerous substance is covered by Part 1 of this Annex and is also listed in Part 2, the qualifying quantities set
out in Columns 2 and 3 of Part 2 apply.
PART 1
Categories of dangerous substances
This Part covers all dangerous substances falling under the hazard categories listed in Column 1:
Column 1 Column
2 Column
3
Qualifying quantity (tonnes) of dangerous
substances as referred to in Article 3(10) for the
application of
Hazard categories in accordance with Regulation (EC) No 1272/2008
Lower-tier
Upper-tier
requirements
requirements
Section ‘H’ – HEALTH HAZARDS
H1 ACUTE TOXIC Category 1, all exposure routes
5 20
H2 ACUTE TOXIC
50 200
— Category 2, all exposure routes
— Category 3, inhalation exposure route (see note 7)
H3 STOT SPECIFIC TARGET ORGAN TOXICITY – SINGLE EXPOSURE
50 200
STOT SE Category 1
Section ‘P’ – PHYSICAL HAZARDS
P1a EXPLOSIVES (see note 8)
10 50
— Unstable explosives or
— Explosives, Division 1.1, 1.2, 1.3, 1.5 or 1.6, or
— Substances or mixtures having explosive properties according to method
A.14 of Regulation (EC) No 440/2008 (see note 9) and do not belong
to the hazard classes Organic peroxides or Self-reactive substances and
mixtures
P1b EXPLOSIVES (see note 8)
50 200
Explosives, Division 1.4 (see note 10)
P2 FLAMMABLE GASES
10 50
Flammable gases, Category 1 or 2
P3a FLAMMABLE AEROSOLS (see note 11.1)
150 (net) 500 (net)
‘Flammable’ aerosols Category 1 or 2, containing flammable gases Category 1
or 2 or flammable liquids Category 1
P3b FLAMMABLE AEROSOLS (see note 11.1)
5 000 (net) 50
000 (net)
‘Flammable’ aerosols Category 1 or 2, not containing flammable gases
Category 1 or 2 nor flammable liquids category 1 (see note 11.2)

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Column 1 Column
2 Column
3
Qualifying quantity (tonnes) of dangerous
substances as referred to in Article 3(10) for the
application of
Hazard categories in accordance with Regulation (EC) No 1272/2008
Lower-tier
Upper-tier
requirements
requirements
P4 OXIDISING GASES
50 200
Oxidising gases, Category 1
P5a FLAMMABLE LIQUIDS
10 50
— Flammable liquids, Category 1, or
— Flammable liquids Category 2 or 3 maintained at a temperature above
their boiling point, or
— Other liquids with a flash point ≤ 60 °C, maintained at a temperature
above their boiling point (see note 12)
P5b FLAMMABLE LIQUIDS
50 200
— Flammable liquids Category 2 or 3 where particular processing
conditions, such as high pressure or high temperature, may create
major-accident hazards, or
— Other liquids with a flash point ≤ 60 °C where particular processing
conditions, such as high pressure or high temperature, may create
major-accident hazards (see note 12)
P5c FLAMMABLE LIQUIDS
5 000 50
000
Flammable liquids, Categories 2 or 3 not covered by P5a and P5b
P6a SELF-REACTIVE SUBSTANCES AND MIXTURES and ORGANIC
10 50
PEROXIDES
Self-reactive substances and mixtures, Type A or B or organic peroxides,
Type A or B
P6b SELF-REACTIVE SUBSTANCES AND MIXTURES and ORGANIC
50 200
PEROXIDES
Self-reactive substances and mixtures, Type C, D, E or F or organic
peroxides, Type C, D, E, or F
P7 PYROPHORIC LIQUIDS AND SOLIDS
50 200
Pyrophoric liquids, Category 1
Pyrophoric solids, Category 1
P8 OXIDISING LIQUIDS AND SOLIDS
50 200
Oxidising Liquids, Category 1, 2 or 3, or
Oxidising Solids, Category 1, 2 or 3
Section ‘E’ – ENVIRONMENTAL HAZARDS
E1 Hazardous to the Aquatic Environment in Category Acute 1 or
100 200
Chronic 1
E2 Hazardous to the Aquatic Environment in Category Chronic 2 200 500
Section ‘O’ – OTHER HAZARDS
O1 Substances or mixtures with hazard statement EUH014 100 500
O2 Substances and mixtures which in contact with water emit flammable
100 500
gases, Category 1
O3 Substances or mixtures with hazard statement EUH029 50 200

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PART 2
Named dangerous substances
Column 1
Column 2 Column
3
CAS number ( 1 )
Qualifying quantity (tonnes) for the
application of
Dangerous substances
Lower-tier
Upper-tier
requirements
requirements
1. Ammonium nitrate (see note 13)
— 5
000 10
000
2. Ammonium nitrate (see note 14)
— 1
250 5
000
3. Ammonium nitrate (see note 15)
— 350 2
500
4. Ammonium nitrate (see note 16)
— 10 50
5. Potassium nitrate (see note 17)
— 5
000 10
000
6. Potassium nitrate (see note 18)
— 1
250 5
000
7. Arsenic pentoxide, arsenic (V) acid and/or salts 1303-28-2
1
2
8. Arsenic trioxide, arsenious (III) acid and/or salts 1327-53-3 0,1
9. Bromine 7726-95-6 20 100
10. Chlorine 7782-50-5 10 25
11. Nickel compounds in inhalable powder form: nickel
—
1
monoxide, nickel dioxide, nickel sulphide, trinickel
disulphide, dinickel trioxide
12. Ethyleneimine 151-56-4 10 20
13. Fluorine 7782-41-4 10 20
14. Formaldehyde (concentration ≥ 90 %) 50-00-0
5 50
15. Hydrogen 1333-74-0
5 50
16. Hydrogen chloride (liquefied gas) 7647-01-0 25 250
17. Lead alkyls
—
5 50
18. Liquefied flammable gases, Category 1 or 2 (including
— 50 200
LPG) and natural gas (see note 19)
19. Acetylene 74-86-2
5 50
20. Ethylene oxide 75-21-8
5 50
21. Propylene oxide 75-56-9
5 50
22. Methanol 67-56-1 500 5
000
23. 4, 4′-Methylene bis (2-chloraniline) and/or salts, in powder
101-14-4 0,01
form
24. Methylisocyanate 624-83-9 0,15
25. Oxygen 7782-44-7 200 2
000
26. 2,4 -Toluene diisocyanate 584-84-9 10 100
2,6 -Toluene diisocyanate 91-08-7

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Column 1
Column 2 Column
3
CAS number ( 1 )
Qualifying quantity (tonnes) for the
application of
Dangerous substances
Lower-tier
Upper-tier
requirements
requirements
27. Carbonyl dichloride (phosgene) 75-44-5 0,3 0,75
28. Arsine (arsenic trihydride) 7784-42-1 0,2
1
29. Phosphine (phosphorus trihydride) 7803-51-2 0,2
1
30. Sulphur dichloride 10545-99-0
1
31. Sulphur trioxide 7446-11-9 15 75
32. Polychlorodibenzofurans and polychlorodibenzodioxins
— 0,001
(including TCDD), calculated in TCDD equivalent (see
note 20)
33. The following CARCINOGENS or the mixtures containing
— 0,5
2
the following carcinogens at concentrations above 5 % by
weight:
4-Aminobiphenyl and/or its salts, Benzotrichloride,
Benzidine and/or salts, Bis (chloromethyl) ether, Chloro
methyl methyl ether, 1,2-Dibromoethane, Diethyl
sulphate, Dimethyl sulphate, Dimethylcarbamoyl chloride,
1,2-Dibromo-3-chloropropane, 1,2-Dimethylhydrazine,
Dimethylnitrosamine, Hexamethylphosphoric triamide,
Hydrazine, 2- Naphthylamine and/or salts, 4-Nitrodip
henyl, and 1,3 Propanesultone
34. Petroleum products and alternative fuels
— 2
500 25
000
(a) gasolines and naphthas,
(b) kerosenes (including jet fuels),
(c) gas oils (including diesel fuels, home heating oils and
gas oil blending streams)
(d) heavy fuel oils
(e) alternative fuels serving the same purposes and with
similar properties as regards flammability and environ
mental hazards as the products referred to in points (a)
to (d)
35. Anhydrous Ammonia 7664-41-7 50 200
36. Boron trifluoride 7637-07-2
5 20
37. Hydrogen sulphide 7783-06-4
5 20
38. Piperidine 110-89-4 50 200
39. Bis(2-dimethylaminoethyl) (methyl)amin 3030-47-5 50 200
40. 3-(2-Ethylhexyloxy)propylamin 5397-31-9 50 200
41. Mixtures (*) of sodium hypochlorite classified as Aquatic
200 500
Acute Category 1 [H400] containing less than 5 % active
chlorine and not classified under any of the other hazard
categories in Part 1 of Annex I.
_____________
(*) Provided that the mixture in the absence of sodium hypochlorite
would not be classified as Aquatic Acute Category 1 [H400].

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Column 1
Column 2 Column
3
CAS number ( 1 )
Qualifying quantity (tonnes) for the
application of
Dangerous substances
Lower-tier
Upper-tier
requirements
requirements
42. Propylamine (see note 21) 107-10-8 500 2
000
43. Tert-butyl acrylate (see note 21) 1663-39-4 200 500
44. 2-Methyl-3-butenenitrile (see note 21) 16529-56-9 500 2
000
45. Tetrahydro-3,5-dimethyl-1,3,5,-thiadiazine-2-thione
533-74-4 100 200
(Dazomet) (see note 21)
46. Methyl acrylate (see note 21) 96-33-3 500 2
000
47. 3-Methylpyridine (see note 21) 108-99-6 500 2
000
48. 1-Bromo-3-chloropropane (see note 21) 109-70-6 500 2
000
( 1 ) The CAS number is shown only for indication.
NOTES TO ANNEX I
1. Substances
and
mixtures
are
classified
in
accordance
with
Regulation
(EC)
No
1272/2008.
2.
Mixtures shall be treated in the same way as pure substances provided they remain within concentration limits set
according to their properties under Regulation (EC) No 1272/2008, or its latest adaptation to technical progress,
unless a percentage composition or other description is specifically given.
3. The
qualifying
quantities
set
out
above
relate
to
each
establishment.
The quantities to be considered for the application of the relevant Articles are the maximum quantities which are
present or are likely to be present at any one time. Dangerous substances present at an establishment only in
quantities equal to or less than 2 % of the relevant qualifying quantity shall be ignored for the purposes of
calculating the total quantity present if their location within an establishment is such that it cannot act as an
initiator of a major accident elsewhere at that establishment.
4.
The following rules governing the addition of dangerous substances, or categories of dangerous substances, shall
apply where appropriate:
In the case of an establishment where no individual dangerous substance is present in a quantity above or equal to
the relevant qualifying quantities, the following rule shall be applied to determine whether the establishment is
covered by the relevant requirements of this Directive.
This Directive shall apply to upper-tier establishments 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 Part 1 or
Part 2 of this Annex,
and Q UX = the relevant qualifying quantity for dangerous substance or category x from Column 3 of Part 1 or from
Column 3 of Part 2 of this Annex.
This Directive shall apply to lower-tier establishments 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 Part 1 or
Part 2 of this Annex,

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and Q LX = the relevant qualifying quantity for dangerous substance or category x from Column 2 of Part 1 or from
Column 2 of Part 2 of this Annex.
This rule shall be used to assess the health hazards, physical hazards and environmental hazards. It must therefore
be applied three times:
(a) for the addition of dangerous substances listed in Part 2 that fall within acute toxicity category 1, 2 or 3
(inhalation route) or STOT SE category 1, together with dangerous substances falling within section H, entries
H1 to H3 of Part 1;
(b) for the addition of dangerous substances listed in Part 2 that are explosives, flammable gases, flammable
aerosols, oxidising gases, flammable liquids, self-reactive substances and mixtures, organic peroxides, pyrophoric
liquids and solids, oxidising liquids and solids, together with dangerous substances falling within section P,
entries P1 to P8 of Part 1;
(c) for the addition of dangerous substances listed in Part 2 that fall within hazardous to the aquatic environment
acute category 1, chronic category 1 or chronic category 2, together with dangerous substances falling within
section E, entries E1 and E2 of Part 1.
The relevant provisions of this Directive apply where any of the sums obtained by (a), (b) or (c) is greater than or
equal to 1.
5.
In the case of dangerous substances which are not covered by Regulation (EC) No 1272/2008, including 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,
these shall be provisionally assigned to the most analogous category or named dangerous substance falling within
the scope of this Directive.
6.
In the case of dangerous substances 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
lowest qualifying quantity for each group of categories in Notes 4(a), 4(b) and 4(c) corresponding to the classifi
cation concerned shall be used.
7.
Dangerous substances that fall within Acute Toxic Category 3 via the oral route (H 301) shall fall under entry H2
ACUTE TOXIC in those cases where neither acute inhalation toxicity classification nor acute dermal toxicity
classification can be derived, for example due to lack of conclusive inhalation and dermal toxicity data.
8. The
hazard
class
Explosives
includes
explosive
articles
(see
Section
2.1
of
Annex
I
to
Regulation
(EC)
No 1272/2008). If the quantity of the explosive substance or mixture contained in the article is known, that
quantity shall be considered for the purposes of this Directive. If the quantity of the explosive substance or mixture
contained in the article is not known, then, for the purposes of this Directive, the whole article shall be treated as
explosive.
9. Testing
for
explosive
properties
of
substances
and
mixtures
is
only
necessary
if
the
screening
procedure
according
to Appendix 6, Part 3 of the UN Recommendations on the Transport of Dangerous Goods, Manual of Tests and
Criteria (UN Manual of Tests and Criteria) ( 1 ) identifies the substance or mixture as potentially having explosive
properties.
10. If Explosives of Division 1.4 are unpacked or repacked, they shall be assigned to the entry P1a, unless the hazard is
shown to still correspond to Division 1.4, in accordance with Regulation (EC) No 1272/2008.
11.1. Flammable aerosols are classified in accordance with the Council Directive 75/324/EEC of 20 May 1975 on the
approximation of the laws of the Member States relating to aerosol dispensers ( 2 ) (Aerosol Dispensers Directive).
‘Extremely flammable’ and ‘Flammable’ aerosols of Directive 75/324/EEC correspond to Flammable Aerosols
Category 1 or 2 respectively of Regulation (EC) No 1272/2008.
11.2. In order to use this entry, it must be documented that the aerosol dispenser does not contain Flammable Gas
Category 1 or 2 nor Flammable Liquid Category 1.
( 1 ) More guidance on waiving of the test can be found in the A.14 method description, see Commission Regulation (EC) No 440/2008 of
30 May 2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on
the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (OJ L 142, 31.5.2008, p. 1).
( 2 ) OJ L 147, 9.6.1975, p. 40.

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12. According to paragraph 2.6.4.5 in Annex I to Regulation (EC) No 1272/2008, liquids with a flash point of more
than 35 °C need not be classified in Category 3 if negative results have been obtained in the sustained combus
tibility test L.2, Part III, section 32 of the UN Manual of Tests and Criteria. This is however not valid under elevated
conditions such as high temperature or pressure, and therefore such liquids are included in this entry.
13. Ammonium
nitrate
(5
000
/
10
000):
fertilisers
capable
of
self-sustaining
decomposition
This applies to ammonium nitrate-based compound/composite fertilisers (compound/composite fertilisers contain
ammonium nitrate with phosphate and/or potash) which are capable of self-sustaining decomposition according to
the UN Trough Test (see UN Manual of Tests and Criteria, Part III, subsection 38.2), and 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 III-2 to Regulation (EC) No 2003/2003 of the European
Parliament and of the Council of 13 October 2003 relating to fertilisers ( 3 ),
— 15,75 % by weight or less and unrestricted combustible materials.
14. Ammonium
nitrate
(1
250
/
5
000):
fertiliser
grade
This applies to straight ammonium nitrate-based fertilisers and to ammonium nitrate-based compound/composite
fertilisers which fulfil the requirements of Annex III-2 to Regulation (EC) No 2003/2003 and in which the nitrogen
content as a result of ammonium nitrate is
— more than 24,5 % by weight, except for mixtures of straight ammonium nitrate-based fertilisers 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 straight ammonium nitrate-based fertilisers with dolomite,
limestone and/or calcium carbonate with a purity of at least 90 %.
15. Ammonium
nitrate
(350
/
2
500):
technical
grade
This applies to ammonium nitrate and mixtures 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.
It also applies to aqueous ammonium nitrate solutions in which the concentration of ammonium nitrate is more
than 80 % by weight.
16. 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 mixtures of ammonium
nitrate, straight ammonium nitrate-based fertilisers and ammonium nitrate-based compound/composite ferti
lisers referred to in Notes 14 and 15, that are being or have been returned from the final user to a manu
facturer, temporary storage or reprocessing plant for reworking, recycling or treatment for safe use, because
they no longer comply with the specifications of Notes 14 and 15,
— fertilisers referred to in first indent of Note 13, and Note 14 to this Annex which do not fulfil the requirements
of Annex III-2 to Regulation (EC) No 2003/2003.
17. Potassium
nitrate
(5
000
/
10
000)
This applies to those composite potassium-nitrate based fertilisers (in prilled/granular form) which have the same
hazardous properties as pure potassium nitrate.
( 1 ) 15,75 % nitrogen content by weight as a result of ammonium nitrate corresponds to 45 % ammonium nitrate.
( 2 ) 24,5 % nitrogen content by weight as a result of ammonium nitrate corresponds to 70 % ammonium nitrate.
( 3 ) OJ L 304, 21.11.2003, p. 1.
( 4 ) 28 % nitrogen content by weight as a result of ammonium nitrate corresponds to 80 % ammonium nitrate.

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18. Potassium
nitrate
(1
250
/
5
000)
This applies to those composite potassium-nitrate based fertilisers (in crystalline form) which have the same
hazardous properties as pure potassium nitrate.
19. Upgraded
biogas
For the purpose of the implementation of this Directive, upgraded biogas may be classified under entry 18 of Part
2 of Annex I where it has been processed in accordance with applicable standards for purified and upgraded biogas
ensuring a quality equivalent to that of natural gas, including the content of Methane, and which has a maximum
of 1 % Oxygen.
20. Polychlorodibenzofurans
and
polychlorodibenzodioxins
The quantities of polychlorodibenzofurans and polychlorodibenzodioxins are calculated using the following factors:
WHO 2005 TEF
2,3,7,8-TCDD
1 2,3,7,8-TCDF 0,1
1,2,3,7,8-PeCDD
1 2,3,4,7,8-PeCDF 0,3
1,2,3,7,8-PeCDF 0,03
1,2,3,4,7,8-HxCDD 0,1
1,2,3,6,7,8-HxCDD 0,1 1,2,3,4,7,8-HxCDF 0,1
1,2,3,7,8,9-HxCDD 0,1 1,2,3,7,8,9-HxCDF 0,1
1,2,3,6,7,8-HxCDF 0,1
1,2,3,4,6,7,8-HpCDD 0,01 2,3,4,6,7,8-HxCDF 0,1
OCDD 0,0003 1,2,3,4,6,7,8-HpCDF 0,01
1,2,3,4,7,8,9-HpCDF 0,01
OCDF 0,0003
(T = tetra, P = penta, Hx = hexa, Hp = hepta, O = octa)
Reference — Van den Berg et al: The 2005 World Health Organisation Re-evaluation of Human and Mammalian
Toxic Equivalency Factors for Dioxins and Dioxin-like Compounds
21. In cases where this dangerous substance falls within category P5a Flammable liquids or P5b Flammable liquids, then
for the purposes of this Directive the lowest qualifying quantities shall apply.

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ANNEX II
Minimum data and information to be considered in the safety report referred to in Article 10
1. Information on the management system and on the organisation of the establishment with a view to major-accident
prevention.
This information shall contain the elements indicated in Annex III.
2. Presentation of the environment of the establishment:
(a) description of the establishment and its environment including the geographical location, meteorological,
geological, hydrographic conditions and, if necessary, its history;
(b) identification of installations and other activities of the establishment which could present a major-accident hazard;
(c) on the basis of available information, identification of neighbouring establishments, as well as sites that fall outside
the scope of this Directive, areas and developments that could be the source of, or increase the risk or
consequences of a major accident and of domino effects;
(d) description of areas where a major accident may occur.
3. Description of the installation:
(a) 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;
(b) description of processes, in particular the operating methods; where applicable, taking into account available
information on best practices;
(c) description of dangerous substances:
(i) 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;
(ii) physical, chemical, toxicological characteristics and indication of the hazards, both immediate and delayed for
human health and the environment;
(iii) physical and chemical behaviour under normal conditions of use or under foreseeable accidental conditions.
4. Identification and accidental risks analysis and prevention methods:
(a) 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; including in particular:
(i) operational causes;
(ii) external causes, such as those related to domino effects, sites that fall outside the scope of this Directive, areas
and developments that could be the source of, or increase the risk or consequences of a major accident;
(iii) natural causes, for example earthquakes or floods;
(b) assessment of the extent and severity of the consequences of identified major accidents including maps, images or,
as appropriate, equivalent descriptions, showing areas which are likely to be affected by such accidents arising from
the establishment;

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(c) review of past accidents and incidents with the same substances and processes used, consideration of lessons
learned from these, and explicit reference to specific measures taken to prevent such accidents;
(d) description of technical parameters and equipment used for the safety of installations.
5. Measures of protection and intervention to limit the consequences of a major accident:
(a) description of the equipment installed in the plant to limit the consequences of major accidents for human health
and environment, including for example detection/protection systems, technical devices for limiting the size of
accidental releases, including water spray; vapour screens; emergency catch pots or collection vessels; shut-off-
valves; inerting systems; fire water retention;
(b) organisation of alert and intervention;
(c) description of mobilisable resources, internal or external;
(d) description of any technical and non-technical measures relevant for the reduction of the impact of a major
accident.

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ANNEX III
Information referred to in Article 8(5) and Article 10 on the safety management system and the organisation of
the establishment with a view to the prevention of major accidents
For the purpose of implementing the operator’s safety management system, account shall be taken of the following
elements:
(a) the safety management system shall be proportionate to the hazards, industrial activities and complexity of the
organisation in the establishment and be based on assessment of the risks; it should include the part of the
general management system which includes the organisational structure, responsibilities, practices, procedures,
processes and resources for determining and implementing the major-accident prevention policy (MAPP);
(b) the following issues shall be addressed by the safety management system:
(i) organisation and personnel — the roles and responsibilities of personnel involved in the management of major
hazards at all levels in the organisation, together with the measures taken to raise awareness of the need for
continuous improvement. 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 which
are important from the point of view of safety;
(ii) identification and evaluation of major hazards — adoption and implementation of procedures for systematically
identifying major hazards arising from normal and abnormal operation including subcontracted activities where
applicable and the assessment of their likelihood and severity;
(iii) operational control — adoption and implementation of procedures and instructions for safe operation, including
maintenance, of plant, processes and equipment, and for alarm management and temporary stoppages; taking
into account available information on best practices for monitoring and control, with a view to reducing the risk
of system failure; management and control of the risks associated with ageing equipment installed in the
establishment and corrosion; inventory of the establishment’s equipment, strategy and methodology for moni
toring and control of the condition of the equipment; appropriate follow-up actions and any necessary counter
measures;
(iv) management of change — adoption and implementation of procedures for planning modifications to, or the
design of new installations, processes or storage facilities;
(v) planning 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 estab
lishment, including relevant subcontracted personnel;
(vi) monitoring performance — adoption and implementation of procedures for the ongoing assessment of
compliance with the objectives set by the operator’s MAPP and safety management system, and the mechanisms
for investigation and taking corrective action in case of non-compliance. The procedures shall cover the oper
ator’s system for reporting major accidents or ‘near misses’, particularly those involving failure of protective
measures, and their investigation and follow-up on the basis of lessons learnt. The procedures could also include
performance indicators such as safety performance indicators (SPIs) and/or other relevant indicators;
(vii) audit and review — adoption and implementation of procedures for periodic systematic assessment of the MAPP
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, including consideration and
incorporation of necessary changes indicated by the audit and review.

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ANNEX IV
Data and information to be included in the emergency plans referred to in Article 12
1. Internal emergency plans:
(a) Names or positions of persons authorised to set emergency procedures in motion and the person in charge of and
coordinating the on-site mitigatory action;
(b) Name or position of the person with responsibility for liaising with the authority responsible for the external
emergency plan;
(c) 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;
(d) 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;
(e) 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;
(f) where necessary, arrangements for training staff in the duties they will be expected to perform and, as appropriate,
coordinating this with off-site emergency services;
(g) Arrangements for providing assistance with off-site mitigatory action.
2. External emergency plans:
(a) Names or positions of persons authorised to set emergency procedures in motion and of persons authorised to
take charge of and coordinate off-site action;
(b) Arrangements for receiving early warning of incidents, and alert and call-out procedures;
(c) Arrangements for coordinating resources necessary to implement the external emergency plan;
(d) Arrangements for providing assistance with on-site mitigatory action;
(e) Arrangements for off-site mitigatory action, including responses to major-accident scenarios as set out in the safety
report and considering possible domino effects, including those having an impact on the environment;
(f) Arrangements for providing the public and any neighbouring establishments or sites that fall outside the scope of
this Directive in accordance with Article 9 with specific information relating to the accident and the behaviour
which should be adopted;
(g) 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.

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ANNEX V
Items of information to the public as provided for in Article 14(1) and in point (a) of Article 14(2)
PART 1
For all establishments covered by this Directive:
1. Name or trade name of the operator and the full address of the establishment concerned.
2. Confirmation that the establishment is subject to the regulations and/or administrative provisions implementing this
Directive and that the notification referred to in Article 7(1) or the safety report referred to in Article 10(1) has been
submitted to the competent authority.
3. An explanation in simple terms of the activity or activities undertaken at the establishment.
4. The common names or, in the case of dangerous substances covered by Part 1 of Annex I, the generic names or the
hazard classification of the relevant dangerous substances involved at the establishment which could give rise to a
major accident, with an indication of their principal dangerous characteristics in simple terms.
5. General information about how the public concerned will be warned, if necessary; adequate information about the
appropriate behaviour in the event of a major accident or indication of where that information can be accessed
electronically.
6. The date of the last site visit in accordance with Article 20(4), or reference to where that information can be accessed
electronically; information on where more detailed information about the inspection and the related inspection plan
can be obtained upon request, subject to the requirements of Article 22.
7. Details of where further relevant information can be obtained, subject to the requirements of Article 22.
PART 2
For upper-tier establishments, in addition to the information referred to in Part 1 of this Annex:
1. General information relating to the nature of the major-accident hazards, including their potential effects on human
health and the environment and summary details of the main types of major-accident scenarios and the control
measures to address them.
2. 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 minimise their effects.
3. Appropriate information from 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.
4. Where applicable, indication whether the establishment is close to the territory of another Member State with the
possibility of a major accident with transboundary effects under the Convention of the United Nations Economic
Commission for Europe on the Transboundary Effects of Industrial Accidents.

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ANNEX VI
Criteria for the notification of a major accident to the Commission as provided for in Article 18(1)
I. Any major 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.
1. Dangerous substances involved
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 Part 1 or in Column 3 of Part 2 of Annex I.
2. Injury to persons and damage to real estate:
(a) a death;
(b) six persons injured within the establishment and hospitalised for at least 24 hours;
(c) one person outside the establishment hospitalised for at least 24 hours;
(d) dwelling(s) outside the establishment damaged and unusable as a result of the accident;
(e) the evacuation or confinement of persons for more than 2 hours (persons × hours): the value is at least 500;
(f) the interruption of drinking water, electricity, gas or telephone services for more than 2 hours (persons ×
hours): the value is at least 1 000.
3. Immediate damage to the environment:
(a) permanent or long-term damage to terrestrial habitats:
(i) 0,5 ha or more of a habitat of environmental or conservation importance protected by legislation;
(ii) 10 or more hectares of more widespread habitat, including agricultural land;
(b) significant or long-term damage to freshwater and marine habitats:
(i) 10 km or more of river or canal;
(ii) 1 ha or more of a lake or pond;
(iii) 2 ha or more of delta;
(iv) 2 ha or more of a coastline or open sea;
(c) significant damage to an aquifer or underground water:
1 ha or more.
4. Damage to property:
(a) damage to property in the establishment: at least EUR 2 000 000;
(b) damage to property outside the establishment: at least EUR 500 000.
5. Cross-border damage
Any major accident directly involving a dangerous substance giving rise to effects outside the territory of the
Member State concerned.
II. Accidents or ‘near misses’ which Member States regard as being of particular technical interest for preventing major
accidents and limiting their consequences and which do not meet the quantitative criteria above should be notified to
the Commission.

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ANNEX VII
CORRELATION TABLE
Directive 96/82/EC This
Directive
Article 1 Article
1
Article 2(1), first subparagraph Article
2(1)
and
Article
3(2)
and
(3)
Article 2(1), second subparagraph Article
3(12)
Article 2(2)
—
Article 3(1) Article
3(1)
Article 3(2) Article
3(8)
Article 3(3) Article
3(9)
Article 3(4) Article
3(10)
Article 3(5) Article
3(13)
Article 3(6) Article
3(14)
Article 3(7) Article
3(15)
Article 3(8) Article
3(16)
—
Article 3(2) to (7), Article 3(11) and (12) and Article 3(17)
to (19)
Article 4 Article
2(2),
first
subparagraph,
points
(a)
to
(f)
and
(h)
—
Article 2(2), first subparagraph, point (g) and Article 2(2),
second subparagraph
— Article
4
Article 5 Article
5
Article 6(1) Article
7(2)
Article 6(2), points (a) to (g) Article
7(1),
points
(a)
to
(g)
Article 6(3) Article
7(3)
Article 6(4) Article
7(4),
points
(a)
to
(c)
— Article
7(4),
point
(d)
Article 7(1) Article
8(1)
— Article
8(2),
points
(a)
and
(b)
Article 7(1a) Article
8(2),
point
(a)
Article 7(2) Article
8(5)
Article 7(3)
—
— Article
8(3)
— Article
8(4)
— Article
8(5)
Article 8(1) and (2) Article
9(1)
and
(2)

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Directive 96/82/EC This
Directive
— Article
9(2)
Article 9(1) Article
10(1)
Article 9(2), first subparagraph Article
10(2)
Article 9(2), second subparagraph
—
Article 9(3) Article
10(3)
Article 9(4) Article
10(6)
Article 9(5) Article
10(5)
Article 9(6)
—
— Article
10(4)
Article 10 Article
11
Article 11(1), points (a) and (b) Article
12(1),
points
(a)
and
(b)
and
Article
12(2)
Article 11(1), point (c) Article
12(1),
point
(c)
Article 11(2) Article
12(3)
Article 11(3) Article
12(4)
and
(5)
Article 11(4) Article
12(6),
first
subparagraph
Article 11(4a) Article
12(6),
second
subparagraph
Article 11(5) Article
12(7)
Article 11(6) Article
12(8)
Article 12(1), first subparagraph Article
13(1)
Article 12(1), second subparagraph Article
13(2)
Article 12(1a)
—
Article 12(2) Article
13(3)
— Article
13(4)
Article 13(1), first subparagraph Article
14(2),
first
subparagraph,
point
(a),
and
Article 14(2), second subparagraph, second sentence
Article 13(1), second subparagraph, first and third Article 14(2), second subparagraph, last sentence
sentences
Article 13(1), second subparagraph, second sentence Article
14(1)
Article 13(1), third subparagraph Article
14(2),
second
subparagraph,
first
sentence
— Article
14(1),
second
sentence
Article 13(2) Article
14(3)
Article 13(3) Article
14(4)
Article 13(4), first sentence Article
14(2),
point
(b)
Article 13(4), second and third sentences Article
22(3),
first
and
second
subparagraphs
Article 13(5) Article
15(1)
Article 13(6) Article
14(2),
point
(c)

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Directive 96/82/EC This
Directive
— Article
15(2)
to
(7)
Article 14(1) Article
16
Article 14(2) Article
17
Article 15(1), points (a) to (d)
Article 18(1), points (a) to (d) and Article 18(2), first
subparagraph
Article 15(2), first subparagraph
Article 18(1), point (e) and Article 18(3)
Article 15(2), second subparagraph Article
18(2),
second
subparagraph
Article 15(3) Article
18(4)
Article 16 Article
6(1)
— Article
6(2)
and
(3)
Article 17 Article
19
Article 18(1) Article
20(1)
and
(2)
Article 18(2), point (a) Article
20(4)
Article 18(2), points (b) and (c) Article
20(7)
Article 18(3) Article
20(11)
— Article
20(3),(5),(6),
(8),
(9)
and
(10)
Article 19(1) Article
21(1)
Article 19(1a), first subparagraph Article
21(3),
first
subparagraph
Article 19(1a), second subparagraph Article
21(3),
second
subparagraph
Article 19(2), first subparagraph Article
21(4)
Article 19(2), second subparagraph Article
21(6)
Article 19(3) Article
21(7)
— Article
21(5)
Article 19(4) Article
21(2)
Article 20(1), first subparagraph Article
22(1)
Article 20(1), second subparagraph Article
22(2)
Article 20(2)
—
— Article
23
— Article
24
Article 21(1) Article
25
Article 21(2) Article
21(5)
Article 22 Article
27
Article 23 Article
32
Article 24 Article
31
Article 25 Article
33

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Directive 96/82/EC This
Directive
Article 26 Article
34
—
Article 26 and Articles 28 to 30
— Annex
I,
introductory
paragraphs
Annex I, Introduction, paragraphs 1 to 5
Annex I, notes to Annex I, notes 1 to 3
Annex I, Introduction, paragraphs 6 and 7
—
Annex I, Part 1 Annex
I,
Part
2
Annex I, Part 1, notes to Part 1, Notes 1 to 6
Annex I, notes to Annex I, notes 13 to 18
Annex I Part 1, notes to Part 1, Note 7
Annex I, notes to Annex I, note 20
—
Annex I, notes to Annex I, note 7
Annex I, Part 2 Annex
I,
Part
1
Annex I, Part 2, notes to Part 2, note 1
Annex I, notes to Annex I, notes 1, 5 and 6
Annex I, Part 2, notes to Part 2, note 2
Annex I, notes to Annex I, notes 8 to 10
Annex I, Part 2, notes to Part 2, Note 3
Annex I, notes to Annex I, notes 11.1, 11.2 and 12
Annex I, Part 2, notes to Part 2, Note 4
Annex I, notes to Annex I, Note 4
Annex II, Parts I to III Annex
II,
points
(1)
to(3)
Annex II, Part IV, point A Annex
II,
point
4(a)
— Annex
II,
point
4(a)
items
(i)
to
(iii)
Annex II, Part IV, point B Annex
II,
point
4(b)
— Annex
II,
point
4(c)
Annex II, Part IV, point C Annex
II,
point
4(d)
Annex II, Part V, point A to C Annex
II,
point
5(a)
to
(c)
Annex II, Part V, point D
—
— Annex
II,
point
5(d)
Annex III, introductory paragraph and points (a) and (b) Annex
III,
introductory
paragraph
and
point
(a)
Article 8(1) and (5)
Annex III, point (c), items (i) to(iv) Annex
III,
point
(b),
items
(i)
to
(iv)
Annex III, point (c), items (v) to(vii) Annex
III,
point
(b),
items
(v)
to
(vii)
Annex IV Annex
IV
Annex V, point 1 Annex
V,
Part
1,
point
1
Annex V, point 2
—
Annex V, points 3 to 5 Annex
V,
Part
1,
points
2
to
4
Annex V, point 6 Annex
V,
Part
2,
point
1
Annex V, points 7 and 8 Annex
V,
Part
1,
point
5
— Annex
V,
Part
1,
point
6
Annex V, points 9 and 10 Annex
V,
Part
2,
points
2
and
3

EN
24.7.2012 Official
Journal
of
the
European
Union L
197/37
Directive 96/82/EC This
Directive
Annex V, point 11 Annex
V,
Part
1,
point
7
— Annex
V,
Part
2,
point
4
Annex VI, I Annex
VI,
Part
I
Annex VI, II Annex
VI,
Part
II
— Annex
VII

Document Outline


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