S.I. No. 476/2000 - European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations, 2000

• (3) If the coroner adjourns the inquest—

• (a) he may, before the adjournment, take evidence to identify the body and may order the interment of the body,

• (b) he shall, at least four days before holding the adjourned inquest, send to the Central Competent Authority notice in writing of the time and place of holding the adjourned inquest.

• (4) No person having a personal interest in or employed in or about or in the management of the establishment concerned shall be qualified to serve on the jury.

• (5) It shall be the duty of the person summoning the jury not to summon any person disqualified under paragraph (4) and it shall be the duty of the coroner not to allow any such person to be sworn or to sit on the jury.

• (6) The following persons shall, subject to the power of the coroner to disallow any question which in his opinion is not relevant or is otherwise not a proper question, be entitled to examine any witness either in person or by counsel or solicitor or a visiting lawyer appearing pursuant to the European Communities (Freedom to Provide Services) (Lawyers) Regulations, 1979 to 1999:

• (a) an inspector of the Central Competent Authority or any other person appearing on behalf of the Authority,

• (b) any person appearing on behalf of a local competent authority,

• (c) any relative or friend of the person in respect of whose death the inquest is being held,

• (d) the operator concerned,

• (e) any person appointed in writing by the majority of the persons employed at the establishment concerned,

• (f) any person appointed in writing by any trade union, friendly society or other association of persons to which the deceased at the time of his death belonged or to which any person employed at the establishment belongs,

• (g) any person appointed in writing by any association of employers of which the operator concerned is a member.

• (7) Where an inspector of the Central Competent Authority or any other person on behalf of the Authority is not present at the inquest and evidence is given of any neglect having caused or contributed to the accident, or of any defect in or about the establishment appearing to the coroner or jury to require a remedy, the coroner shall send to the Central Competent Authority notice in writing of the evidence of the neglect or defect.

• (8) The Central Competent Authority shall, when notified of an inquest to which this Regulation applies, inform each relevant competent authority of such notification as soon as possible.

27.

• (2) There shall be kept by every operator a register which shall contain the following information on every notifiable incident that occurs—

• (a) in case the notifiable incident is a major accident, the information set out in Regulation 22(1)(b), and

• (b) in any other case—

• (i) the circumstances of the incident,

• (ii) the dangerous substances involved (if any), and

• (iii) the emergency measures taken.

• (3) Any information required to be kept under paragraph (2) shall be included in the register as soon as possible after the occurrence of the notifiable incident to which it relates and shall be kept on that register for at least ten years after that occurrence.

Enforcement and Regulation

28.

• (a) supply such information to the Commission of the European Union as is required by paragraph 6(c) of Article 9 of the Directive,

• (b) supply such information as is required by paragraph 3 of Article 13 of the Directive,

• (c) fulfil the requirements laid down in paragraph 2 of Article 14 of the Directive in relation to major accidents,

• (d) supply such information to the Commission of the European Union as is required by Article 15 of the Directive in respect of major accidents,

• (e) fulfil the inspection requirements laid down in paragraphs 1 and 2 of Article 18 of the Directive, and

• (f) exchange information as required by paragraph 1 of Article 19 of the Directive.

• (g) provide the report to the Commission as required by paragraph 4 of Article 19 of the Directive.

• (2) The Competent Authority shall, using the information received from an operator in a notification sent by virtue of Regulation 11 or a safety report, identify establishments or groups of establishments where the likelihood and the possibility or consequences of a major accident may be increased because of the location and proximity of such establishments, and their inventories of dangerous substances and on such identification shall inform each operator in writing for the purpose of Regulation 9(3).

• (3) The Central Competent Authority shall advise the Commission of any establishments to which Regulation 12 (7) has been applied and supply the reasons for such application.

• (4) The Central Competent Authority within a reasonable period of time after receiving a safety report or revised details required by Regulations 12 and 13 shall—

• (a) examine the safety report or revised details, and

• (b) communicate the conclusions of its examination of the safety report or revised details to the operator, if necessary after requesting further information, or

• (c) prohibit the bringing into use, or the continued use of an establishment, or any part thereof, in accordance with the powers and procedures laid down in Regulation 33.

• (d) notify in writing the relevant Local Competent Authorities for the purpose of Regulation 16(1).

29.

• (a) the siting of new establishments,

• (b) the modification of an existing establishment to which Article 10 of the Directive applies, or

• (c) proposed development in the vicinity of an existing establishment.

the Authority may, and shall when requested to do so by a planning authority or An Bord Pleanála, give technical advice to a planning authority or An Bord Pleanála (as the case may be) on the basis of the information available to the Authority.

• (2) Where, pursuant to paragraph (1), a planning authority or An Bord Pleanála requests technical advice in relation to a planning application or appeal or reference under section 5 of the Local Government (Planning and Development) Act, 1963 concerning a proposed development in the vicinity of an establishment such advice shall be furnished by the Authority to the requesting body within 5 weeks of the receipt of the request, unless the body which requested such advice extends, in writing, such period.

• (3) Where, pursuant to paragraph (1), a planning authority or An Bord Pleanála requests technical advice in relation to a planning application or appeal or reference under section 5 of the Local Government (Planning and Development) Act, 1963 concerning a proposed establishment or a modification to an existing establishment to which Article 10 of the Directive applies, such advice shall be furnished by the Authority to the requesting body—

• (a) within 5 weeks of the receipt of the request, or

• (b) where the Authority, within three weeks of the receipt of the request, seeks further information in writing from the applicant for permission, within 5 weeks of receipt of such information by the Authority.

• (4) In any other case of a request by a planning authority or An Bord Pleanála for technical advice, such advice shall be furnished by the Authority to the requesting body within 6 weeks of the receipt of the request or such longer period as may be specified in the request.

• (5) Where, by virtue of paragraph (3)(b), the Authority seeks further information from the applicant for permission, it shall so advise the body which requested the advice.

• (6) For the purpose of ensuring that technical advice on the risks arising from an establishment are available to a decision making body when decisions are made in relation to the development of a transport link in the vicinity of an establishment, the Authority shall, where requested to do so by such body, give technical advice to that body on the risks arising from the establishment.

• (7) In paragraph (6)—

“decision making body” means a Minister of the Government or a public body authorised or required by law to make a decision, order, recommendation or report.

30.

31.

32.

• (a) enter, inspect, examine and search at all times any place which he or she has reasonable cause to believe to be an establishment;

• (b) take with him or her a member of the Garda Síochána if he or she has reasonable cause to anticipate any serious obstruction in the execution of his or her duty;

• (c) require the production in a legible form of and inspect and take a copy of any information kept or capable of being reproduced in a legible form which is in the possession or under the control of an operator and is required to be kept by virtue of the provisions of these Regulations or is required for the purpose of any examination or inquiry under these Regulations;

• (d) make such examination and inquiry (including examination and inquiry in relation to external emergency plans) as may be necessary to ascertain whether the provisions of these Regulations are being complied with;

• (e) require any person whom he or she finds at an establishment to give such information as it is in the power of such person to give as to who is the operator or the person in control of any part of the establishment;

• (f) require the operator or person in charge of the establishment or any part thereof, or any person at the establishment and any person employed there at the time of the request or at any time in the six months preceding such request to give to him or her such assistance and information and to produce to him or her such books, documents or other records in that person's power or procurement as he or she may reasonably require for the purposes of his or her functions under these Regulations.

• (g) take a sample of the water, air or soil from any part of an establishment;

• (h) as regards any article or substance he or she finds at an establishment, require the operator or any person he or she finds on the establishment or a person appearing to him or her to be in possession of the article or substance, to supply without payment, for test, examination or analysis, a sample thereof;

• (i) take any measurement or photograph or make any tape or other electrical or electronic recording which he or she considers necessary for the purpose of any examination or inquiry under these Regulations;

• (j) collect the information necessary for the full analysis of any major accident;

• (k) enter at all times and inspect any land or building (other than a dwelling) and to take a sample of the water, air or soil from any part of such land or building for the purpose of investigating any major accident;

• (l) exercise such other powers as may be necessary for carrying these Regulations into effect.

• (2) No one shall be required by virtue of paragraph (1)(f) to answer any question or to give evidence tending to incriminate himself or herself.

• (3) Any operator or person in control of an establishment or other place and his agents and servants shall furnish the means required by an inspector of the Central Competent Authority as necessary for any entry, inspection, examination, inquiry, taking of samples or for the exercise of any other power under these Regulations.

33.

• (a) a serious deficiency in the measures taken by the operator for the prevention and mitigation of major accidents, or

• (b) a risk of serious danger to persons or the environment, or

• (c) a failure to submit any notification, safety report or other information required to be submitted by these Regulations, or

• (d) a contravention of these Regulations,

he or she may serve on the operator a notice in writing stating that he or she holds that opinion and giving particulars of the reason why he or she holds that opinion, and imposing upon that operator such prohibitions or restrictions or requirements as appear to the inspector to be necessary for the purpose of safeguarding persons or the environment from any major accident hazard or the consequences of a major accident and the operator shall comply with such prohibition, restriction or requirement, as the case may be.

• (2) Where the provisions of paragraph (1)(a) apply the inspector shall serve a notice on the operator prohibiting the operator from operating the establishment or such parts of the establishment as are specified in the notice.

• (3) An operator shall comply with the requirements of a notice issued in accordance with paragraphs (1) or (2)—

• (a) where an inspector of the Central Competent Authority states in the notice that he or she is of the opinion that—

• (i) the measures taken by the operator for the prevention and mitigation of major accidents are seriously deficient, or

• (ii) the risk of serious danger to persons or the environment is or, as the case may be, will be imminent,

on receipt of the notice,

• (b) where subparagraph (a) does not apply and no appeal is taken against the notice—

• (i) on the expiration of the period during which such an appeal may be taken, or

• (ii) on the day specified in the notice as the day on which it is to come into effect,

whichever is the later,

• (c) where subparagraph (a) does not apply and an appeal is taken and the notice is confirmed on appeal or the appeal is withdrawn—

• (i) on the day next following the day on which the notice is so confirmed or the appeal is withdrawn, or

• (ii) on the day specified in the notice as that on which it is to come into effect, or

• (iii) in case the operation of the notice has been suspended in accordance with paragraph (4)(b), on the expiration of the period that the Judge of the District Court considered appropriate for the purpose of that paragraph,

whichever is the later.

• (4)
• (a) Where an operator is aggrieved by a notice served on him under this Regulation he may, within the period of seven days beginning on the day on which the notice is so served, appeal to a Judge of the District Court against the notice and in determining the appeal the Judge may—

• (i) if he is satisfied that in the circumstances of the case it is reasonable so to do, confirm the notice, with or without modification, or

• (ii) cancel the notice.

• (b) Where on the hearing of an appeal under this paragraph the notice is confirmed, the Judge by whom the appeal is heard may, notwithstanding paragraph (3), on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case he considers appropriate.

• (c) An appeal by an operator under this paragraph shall be brought before and heard and determined by a Judge of the District Court for the time being assigned to the district where the establishment, or any part thereof, to which the notice served under this Regulation relates is situated.

• (d) The Judge determining an appeal under this paragraph may make such order as to the payment of costs in respect of the appeal as he considers appropriate.

• (5) An inspector may at any time revoke a notice served on an operator under this Regulation.

• (6)
• (a) Where a notice has been served under this Regulation and activities are carried on in contravention of the notice, the High Court may on the application of the Central Competent Authority by order prohibit the continuance of the activities.

• (b) An application to the High Court for an order under this paragraph shall be in a summary manner and the Court may, on the application of the Central Competent Authority, grant such interlocutory orders as it considers appropriate.

34.

• (a) the whole or any part of an establishment or an installation thereat, is in such condition or is so constructed or is so placed that it cannot be used without serious risk of a major accident, or

• (b) any process or work is carried on or anything is or has been done in an establishment in such a manner as to cause serious risk of a major accident,

the Court shall, as the case may require, order—

• (i) the prohibition of the use by the operator of the whole or such part, as may be appropriate, of the establishment or installation thereat, a process or procedure carried on there or, if it is capable of repair or alteration, the prohibition of its use until it is duly repaired or altered, or

• (ii) the operator to take such steps as may be specified in the order for remedying the risk of the major accident hazard complained of.

• (2) Where an application has been made under paragraph (1) in relation to the whole or any part of an establishment or installation thereat or any process or work which is carried on or anything which is or has been done in an establishment, the Court may, on the application of the Central Competent Authority and on receiving evidence that the use of such part or, as the case may be, the carrying on of such process or work or the doing of such thing involves imminent risk of a major accident, grant such interlocutory orders as it considers appropriate.

• (3) The provisions of this Regulation are without prejudice to the provisions of sections 37 and 39 of the Safety, Health and Welfare at Work Act, 1989 (No. 7 of 1989).

35.

• (a) where it is addressed to him or her by name, by delivering it to such person, or in the case of a partnership by delivery to any of the partners;

• (b) by leaving it at the address at which the person ordinarily resides;

• (c) by sending it by post in a prepaid registered letter addressed to the person at the address at which he or she ordinarily resides, or in a case in which an address for service has been furnished, at that address;

• (d) where the address at which such person ordinarily resides cannot be ascertained by reasonable inquiry and the subject matter of the notice relates to a place of work at which the person is ordinarily engaged, by delivering it to a person over the age of sixteen years of age resident in or employed at that place of work or by affixing it in a conspicuous position on or near the place of work concerned.

• (2) Any document (including any summons, notice or order) required or authorised to be served or sent under these Regulations may be served on or sent to a body, whether corporate or unincorporated—

• (a) by leaving it at, or sending it by post in a prepaid registered letter to, the registered office (if any) of the body;

• (b) by leaving it at, or sending it by post in a prepaid registered letter to, any place at which the body conducts business; or

• (c) by sending it by post in a prepaid registered letter to any person who is a director, manager, secretary or other officer of the body or who is purporting to act in any such capacity at the place where he or she ordinarily resides or by leaving it at that place.

Disclosure of information, translations of reports

36.

• (2) Paragraph (1) shall not apply to information involving—

• (a) the confidentiality of the deliberations of the competent authorities and the Commission of the European Union, or

• (b) the confidentiality of international relations and national defence, or

• (c) public security, or

• (d) the confidentiality of preliminary investigation proceedings or of current legal proceedings, or

• (e) commercial and industrial secrets, including intellectual property, or

• (f) personal data or files, or

• (g) data supplied by a third party if that party asks for them to be kept confidential,

and subject to paragraph (3) and Regulations 24(3) and 25(10), no such information shall be disclosed without the consent of the person by or on behalf of whom it was originally furnished.

• (3) Paragraph (2) shall not apply to—

• (a) the disclosure of information to a competent authority or a Department of State for the purposes of these Regulations,

• (b) without prejudice to subparagraph (a), the disclosure by the recipient of information to—

• (i) any person for the purposes of any function conferred on the recipient by virtue of these Regulations,

• (ii) an inspector of the Central Competent Authority,

• (iii) an officer of a local competent authority who is authorised under Regulation 17(6) to receive it,

• (c) the disclosure of information for the purpose of any investigation or inquiry held by virtue of the provisions of these Regulations or for the purpose of a report of any such investigation or inquiry made by virtue of the provisions of these Regulations,

• (d) the disclosure of information for the purpose of the enforcement of the provision of these Regulations,

• (e) the disclosure of information for the purpose of any legal proceedings instituted by or on behalf of a competent authority,

• (f) the disclosure of information by the Central Competent Authority or the Government in a form calculated to prevent it from being identified as relating to a particular person or case,

• (g) the supplying to the Commission of the European Union, pursuant to Article 15 of the Directive, of the information specified in Annex VI to the Directive (which is set out in the Seventh Schedule) relating to a major accident,

• (h) the exchanging with the other Member States of the European Union and with the Commission of the European Union, pursuant to Article 19 of the Directive, of information on the experience acquired with regard to the prevention of major accidents and the limitation of their consequences.

• (4) A person to whom information is disclosed pursuant to paragraph (3) shall not use or disclose that information otherwise than in accordance with these Regulations.

• (5) Where a person discloses information to another person for the purposes of these Regulations, the person disclosing the information shall ensure that the other person is aware of the obligations imposed by this Regulation.

• (6) In this Regulation information to which paragraph (2) relates means information obtained by a person or furnished to any person in pursuance of any requirement imposed by these Regulations which, in the case of information furnished by an operator in pursuance of such requirements, is clearly identified by him as being information so furnished.

37.

Offences and penalties

38.

• (2)
• (a) Except in so far as it relates to the application of Regulation 25(9), paragraph (1) shall not apply to a competent authority.

• (b) Except in so far as it relates to Regulations 25(9) and 36, paragraph (1) shall not apply to an inspector of the Central Competent Authority or to an officer of a local competent authority authorised under Regulation 17(6).

39.

40.

• (2) Subject to Regulation 6 in the event of a contravention by any person (other than an operator) of any provision of these Regulations which expressly imposes any duty upon him, that person shall be guilty of an offence under this Regulation:

Provided that—

• (a) the operator shall not be guilty of an offence by reason only of such contravention if he proves that he took all practicable steps to prevent the contravention;

• (b) this paragraph shall not be taken as affecting any liability of the operator in respect of the same matters by virtue of any other enactment.

41.

42.

• (a) forges or counterfeits any such document,

• (b) gives or signs a document knowing it to be false in any material particular,

• (c) knowingly utters or uses a document so forged or counterfeited, or which is false as aforesaid,

• (d) knowingly utters or uses as applying to any person a document which does not so apply,

• (e) wilfully connives at any such forging, counterfeiting, giving, signing, uttering or using,

• (f) wilfully makes a false entry in any such document which is so required to be kept, served or sent, or

• (g) knowingly uses any such false entry,

shall be guilty of an offence.

43.

• (a) personates any person named in any document required for the purposes of these Regulations,

• (b) falsely pretends to be an inspector of the Central Competent Authority or an officer of a local competent authority authorised under Regulation 17(6), or

• (c) wilfully connives at any such personation or pretence,

shall be guilty of an offence.

44.

• (a) an inspector of the Central Competent Authority, or

• (b) an officer of a local competent authority authorised under Regulation 17(6), in the course of exercising a power conferred by these Regulations,

shall be guilty of an offence.

45.

46.

• (2) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act, 1851, proceedings for an offence under these Regulations may be instituted—

• (a) at any time within two years from the date on which the offence was committed, or

• (b) where such proceedings relate to the subject matter of a report made—

• (i) to the Central Competent Authority by an inspector pursuant to Regulation 24(1), or

• (ii) to the Minister by a tribunal pursuant to Regulation 25(7),

at any time within 12 months from the date on which the report was so made,

whichever is the later.

47.

Charges for services

48.

• (a) the examination of notifications or safety reports and any revisions of same,

• (b) the preparation and revision of external emergency plans.

• (c) the testing and putting into effect of emergency plans, and

• (d) the provision of information pursuant to Regulation 36(1).

• (2) A charge made by a competent authority to which paragraph (1) refers shall be made only in accordance with such scale of charges as may be specified by the appropriate Minister as respects that competent authority, which scale of charges may include particulars of the person by whom the fee is payable.

• (3) A competent authority may recover, as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable, any amount due and owing to it under this Regulation.

• (4) An operator who makes available to a member of the public, other than a person referred to in Regulation 19(1)(a), the information referred to in Regulation 19(1)(a) or a safety report referred to in Regulation 12 or 13 shall be entitled to charge such person a sum of money in respect of the making available of such information or safety report provided that the amount of such sum of money does not exceed an amount which is reasonable having regard to the cost of making available the information or safety report concerned.

• (5) For the purposes of paragraph (4) the cost of preparing the information or safety report concerned shall be deemed not to be part of the cost of making available such information or safety report.

• (6) Nothing in this Regulation shall entitle an operator to charge a person to whom Regulation 19(1)(a) refers for the provision or making available of the information referred to in Regulation 19(1)(a).

FIRST SCHEDULE

Annex I to Council Directive 96/82/EC

Regulation 3(3),

4(1) and

5(1),

APPLICATION OF THE DIRECTIVE

INTRODUCTION

PART 1 Named substances

Where a substance or group of substances listed in Part 1 also falls within a category of Part 2, the qualifying quantities set out in Part 1 must be used.

Column 1	Column 2	Column 3
Dangerous substances	Qualifying quantity (tonnes) for the application of	Qualifying quantity (tonnes) for the application of
	Articles 6 and 7	Article 9
Ammonium nitrate	350	2500
Ammonium nitrate	1250	5000
Arsenic pentoxide, arsenic (V) acid and/or salts	1	2
Arsenic trioxide, arsenious (III) acid and/or salts		0.1
Bromine	20	100
Chlorine	10	25
Nickel compounds in inhalable powder form (nickel monoxide, nickel dioxide, nickel sulphide, trinickel disulphide, dinickel trioxide)		1
Ethyleneimine	10	20
Fluorine	10	20
Formaldehyde (concentration ≥ 90%)	5	50
Hydrogen	5	50
Hydrogen chloride (liquefied gas)	25	250
Lead alkyls	5	50
Liquefied extremely flammable gases (including LPG) and natural gas	50	200
Acetylene	5	50
Ethylene oxide	5	50
Propylene oxide	5	50
Methanol	500	5000
4, 4-Methylenebis (2-chloraniline) and/or salts, in powder form		0,01
Methylisocyanate		0,15
Oxygen	200	2000
Toluene diisocyanate	10	100
Carbonyl dichloride (phosgene)	0,3	0,75
Arsenic trihydride (arsine)	0,2	1
Phosphorus trihydride (phosphine)	0,2	1
Sulphur dichloride	1	1
Sulphur trioxide	15	75
Polychlorodibenzofurans and polychlorodibenzodioxins (including TCDD), calculated in TCDD equivalent		0.001
The following CARCINOGENS:
4-Aminobiphenyl and/or its salts, Benzidine and/or salts, Bis(chloromethyl) ether,
Chloromethyl methyl ether,
Dimethylcarbamoyl chloride,
Dimethylnitrosamine,	0,001	0,001
Hexamethylphosphoric triamide, 2—
Naphthylamine and/or salts, and 1,3
Propanesultone and 4-nitrodiphenyl
Automotive petrol and other petroleum spirits	5000	50000

NOTES

This applies to ammonium nitrate and ammonium nitrate compounds in which the nitrogen content as a result of the ammonium nitrate is more than 28% by weight (compounds other than those referred to in Note 2) and to aqueous ammonium nitrate solutions in which the concentration of ammonium nitrate is more than 90% by weight.

This applies to simple ammonium-nitrate based fertilizers which comply with Directive 80/876/EEC and to composite fertilizers in which the nitrogen content as a result of the ammonium nitrate is more than 28% in weight (a composite fertilizer contains ammonium nitrate with phosphate and/or potash).

The quantities of polychlorodibenzofurans and polychlorodibenzodioxins are calculated using the following factors:

Intentional Toxic Equivalent Factors (ITEF) for the congeners of concern (NATO/CCMS)	Intentional Toxic Equivalent Factors (ITEF) for the congeners of concern (NATO/CCMS)	Intentional Toxic Equivalent Factors (ITEF) for the congeners of concern (NATO/CCMS)	Intentional Toxic Equivalent Factors (ITEF) for the congeners of concern (NATO/CCMS)
2,3,7,8-TCDD	1	2,3,7,8-TCDF	0,1
1,2,3,7,8-PeDD	0,5	2,3,4,7,8-PeCDF	0.5
		1,2,3,7,8-PeCDF	0,05
1,2,3,4,7,8-HxCDD	0,1
1,2,3,6,7,8-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	0,001	1,2,3,4,6,7,8-HpCDF	0,01
		1,2,3,4,7,8,9-HpCDF	0,01
		OCDF	0,001

(T = tetra, P = penta, Hx = hexa, HP = hepta, O = octa)

PART 2 Categories of substances and preparations not specifically named in Part 1

Column 1	Column 2	Column 3
Categories of dangerous substances	Qualifying quantity (tonnes) of dangerous substances as delivered in Article 3 (4), for the application of	Qualifying quantity (tonnes) of dangerous substances as delivered in Article 3 (4), for the application of
	Article 6 and 7	Article 9
1. VERY TOXIC	5	20
2. TOXIC	50	200
3. OXIDIZING	50	200
4. EXPLOSIVE (where the substance or preparation falls within the definition given in Note 2 (a))	50	200
5. EXPLOSIVE (where the substance or preparation falls within the definition given in Note 2 (b))	10	50
6. FLAMMABLE (where the substance or preparation falls within the definition given in Note 3 (a))	5000	50000
7a. HIGHLY FLAMMABLE (where the substance or preparation falls within the definition given in Note 3 (b)(1))	50	200
7b. HIGHLY FLAMMABLE liquids (where the substance or preparation falls within the definition given in Note 3(b)(2))	5000	50000
8. EXTREMELY FLAMMABLE (where the substance or preparation falls within the definition given in Note 3(c))	10	50
9. DANGEROUS FOR THE ENVIRONMENT in combination with risk phrases:
(i) R50: ‘Very toxic to aquatic organisms’	200	500
(ii) R51:‘Toxic to aquatic organisms’; and
R53: ‘May cause long term adverse effects in the aquatic environment’	500	2000
10. ANY CLASSIFICATION not covered by those given above in combination with risk phrases:
(i) R14: ‘Reacts violently with water’ (including R14/15)	100	500
(ii) R29: ‘in contact with water, liberates toxic gas’	50	200

NOTES

— Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances³ ,

— Council Directive 88/379/EEC of 7 June 1988 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations⁴ ,

— Council Directive 78/631/EEC of 26 June 1978 on the approximation of the laws of the Member States relating to the classification, packaging and labelling of dangerous preparations (pesticides)⁵ .

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

In the case of substances and preparations with properties giving rise to more than one classification, for the purposes of this Directive the lowest thresholds shall apply.

For the purposes of this Directive, a list providing information on substances and preparations shall be established, kept up to date and approved by the procedure set up under Article 22.

• (a) (i) a substance or preparation which creates the risk of an explosion by shock, friction, fire or other sources of ignition (risk phrase R 2),

• (ii) a pyrotechnic substance is a substance (or mixture of substances) designated to produce heat, light, sound, gas or smoke or a combination of such effects through non detonating self sustained exothermic chemical reactions, or

• (iii) an explosive or pyrotechnic substance or preparation contained in objects;

• (b) a substance or preparation which creates extreme risks of explosion by shock, friction, fire or other sources of ignition (risk phrase R 3).

• (a) flammable liquids:

substances and preparations having a flash point equal to or greater than 21°C and less than or equal to 55°C (risk phrase R 10), supporting combustion;

• (b) highly flammable liquids:

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

• (c) extremely flammable gases and liquids:

if the sum

q1 / Q + q2 / Q + q3 / Q + q4 / Q + q5 / Q + .... > 1

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

Q = the relevant threshold quantity from Parts 1 or 2,

then the establishment is covered by the relevant requirements of this Directive.

This rule will apply for the following circumstances:

• (a) for substances and preparations appearing in Part 1 at quantities less than their individual qualifying quantity present with substances having the same classification from Part 2, and the addition of substances and preparations with the same classification from Part 2;

• (b) for the addition of categories 1, 2 and 9 present at an establishment together;

• (c) for the addition of categories 3, 4, 5, 6, 7a, 7b and 8, present at an establishment together.

SECOND SCHEDULE

ANNEX III to Council Directive 96/82/EC

Regulation 10(2)

PRINCIPLES REFERRED TO IN ARTICLE 7 AND INFORMATION REFERRED TO IN ARTICLE 9 ON THE MANAGEMENT SYSTEM AND THE ORGANIZATION OF THE ESTABLISHMENT WITH A VIEW TO THE PREVENTION OF MAJOR ACCIDENTS

For the purpose of implementing the operator's major-accident prevention policy and safety management system account shall be taken of the following elements. The requirements laid down in the document referred to in Article 7 should be proportionate to the major-accident hazards presented by the establishment:

• (a) the major accident prevention policy should be established in writing and should include the operator's overall aims and principles of action with respect to the control of major-accident hazards;

• (b) the safety management system should include the part of the general management system which includes the organizational structure, responsibilities, practices, procedures, processes and resources for determining and implementing the major-accident prevention policy;

• (c) the following issues shall be addressed by the safety management system:

• (i) organization and personnel — the roles and responsibilities of personnel involved in the management of major hazards at all levels in the organization. The identification of training needs of such personnel and the provision of the training so identified. The involvement of employees and, where appropriate, subcontractors;

• (ii) identification and evaluation of major hazards — adoption and implementation of procedures for systematically identifying major hazards arising from normal and abnormal operation and the assessment of their likelihood and severity;

• (iii) operational control — adoption and implementation of procedures and instructions for safe operation, including maintenance, of plant, processes, equipment and temporary stoppages;

• (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 and to prepare, test and review emergency plans to respond to such emergencies;

• (vi) monitoring performance — adoption and implementation of procedures for the ongoing assessment of compliance with the objectives set by the operator's major-accident prevention policy and safety management system, and the mechanisms for investigation and taking corrective action in case of non-compliance. The procedures should cover the operator's system for reporting major accidents of near misses, particularly those involving failure of protective measures, and their investigation and follow-up on the basis of lessons learnt;

• (vii) audit and review — adoption and implementation of procedures for periodic systematic assessment of the major-accident prevention policy and the effectiveness and suitability of the safety management system; the documented review of performance of the policy and safety management system and its updating by senior management.

THIRD SCHEDULE

NOTIFICATION

Regulation 11(1)

The notification required by Regulation 11(1) shall contain the following details—

• (a) the name or trade name of the operator and the full address of the establishment concerned;

• (b) the registered place of business of the operator, with the full address;

• (c) the name or position of the person in charge of the establishment, if different from (a);

• (d) information sufficient to identify the dangerous substances or category of substances involved;

• (e) the quantity and physical form of the dangerous substance or substances involved;

• (f) the activity or proposed activity of the installation or storage facility;

• (g) the immediate environment of the establishment (elements liable to cause a major accident or to aggravate the consequences thereof);

• (h) the name of any establishment in proximity where the likelihood and the possibility or consequences of a major accident may be increased because of its location and inventory of dangerous substances.

• (i) a map at a scale of not less than 1:5000 and clearly showing the location and boundary and the immediate environment as set out in paragraph (g) of this Schedule.

FOURTH SCHEDULE

Regulation 12(1)

and 12(5)

PART I PURPOSE OF SAFETY REPORTS

A safety report shall be produced for the purposes of—

• (a) design and construction, and

• (b) operation and maintenance,

of any installation, storage facility, equipment and infrastructure connected with its operation which are linked to major accident hazards inside the establishment;

FOURTH SCHEDULE

PART 2 ANNEX II to Directive 96/82/EC

MINIMUM DATA AND INFORMATION TO BE CONSIDERED IN THE SAFETY REPORT SPECIFIED IN ARTICLE 9

I. Information on the management system and on the organization of the establishment with a view to major accident prevention.

This information shall contain the elements given in Annex III.

II. Presentation of the environment of the establishment

A. description of the site 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. description of areas where a major accident may occur.

III. 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;

C. description of dangerous substances:

— 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;

IV. 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;

B. assessment of the extent and severity of the consequences of identified major accidents;

C. description of technical parameters and equipment used for the safety of installations.

V. Measures of protection and intervention to limit the consequences of an accident

A. description of the equipment installed in the plant to limit the consequences of major accidents;

B. organization of alert and intervention;

C. description of mobilizable resources, internal or external;

D. summary of elements described in A, B, and C above necessary for drawing up the internal emergency plan prepared in compliance with Article 11.

FIFTH SCHEDULE

Regulation 15(1)

and 16(1)

PART 1 OBJECTIVES OF EMERGENCY PLANS

Emergency plans must be prepared with the objectives of—

• (a) containing and controlling incidents so as to minimize the effects, and to limit damage to man, the environment and property, and

• (b) implementing the measures necessary to protect man and the environment from the effects of major accidents, and

• (c) communicating the necessary information to the public and to the services or authorities concerned in the area, and

• (d) providing for the restoration and clean-up of the environment following a major accident.

PART 2 ANNEX IV to Council Directive 96/82/EC

DATA AND INFORMATION TO BE INCLUDED IN THE EMERGENCY PLANS SPECIFIED UNDER ARTICLE 11

• (a) Names or positions of persons authorized to set emergency procedures in motion and the person in charge of and coordinating the on-site mitigatory action.

((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 warning 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) Arrangements for training staff in the duties they will be expected to perform, and where necessary coordinating this with off-site emergency services.

• (g) Arrangements for providing assistance with off-site mitigatory action.

• (a) Names or positions of persons authorized to set emergency procedures in motion and of persons authorized to take charge of and coordinate off-site action.

• (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.

• (f) Arrangements for providing the public with specific information relating to the accident and the behaviour which it should adopt.

• (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.

SIXTH SCHEDULE

ANNEX V to Council Directive 96/82/EC

Regulation 19(2)

ITEMS OF INFORMATION TO BE COMMUNICATED TO THE PUBLIC AS PROVIDED FOR IN ARTICLE 13(1)

SEVENTH SCHEDULE

ANNEX VI to Council Directive 96/82/EC

Regulation 27(1)

and 28(1)

CRITERIA FOR THE NOTIFICATION OF AN ACCIDENT TO THE COMMISSION AS PROVIDED FOR IN ARTICLE 15(1)

I. Any accident covered by paragraph 1 or having at least one of the consequences described in paragraphs 2, 3, 4 and 5 must be notified to the Commission.

1 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 Annex 1.

An accident directly involving a dangerous substance and giving rise to one of the following events:

— a death,

— six persons injured within the establishment and hospitalized for at least 24 hours,

— one person outside the establishment hospitalized for at least 24 hours,

— dwelling(s) outside the establishment damaged and unusable as a result of the accident,

— the evacuation or confinement of persons for more than 2 hours (persons x hours): the value is at least 500,

— the interruption of drinking water, electricity, gas or telephone services for more than 2 hours (persons x hours): the value is at least 1 000.

— permanent or long-term damage to terrestrial habitats:

— 0,5 ha or more of a habitat of environmental or conservation importance protected by legislation,

— 10 or more hectares of more widespread habitat, including agricultural land,

— significant or long-term damage to freshwater and marine habitats⁶

— 10 km or more of river or canal,

— 1 ha or more of a lake or pond,

— 2 ha or more of delta,

— 2 ha or more of a coastline or open sea,

— significant damage to an aquifer or underground water⁶

— 1 ha or more.

— damage to property in the establishment at least ECU 2 million,

— damage to property outside the establishment; at least ECU O,5 million.

Any 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.

EIGHTH SCHEDULE

NOTIFIABLE INCIDENTS

Regulation 27(1)

• (a) the bursting, explosion or collapse of a pipe-line or any part thereof;

• (b) the unintentional ignition of anything in a pipe-line, or of anything which immediately before it was ignited was in a pipeline.

NINTH SCHEDULE

Annex to Commission Decision of 26 June, 1998

Regulation 12(7)

HARMONISED CRITERIA FOR DISPENSATIONS ACCORDING TO ARTICLE 9 OF COUNCIL DIRECTIVE 96/82/EC ON THE CONTROL OF MAJOR ACCIDENT HAZARDS INVOLVING DANGEROUS SUBSTANCES

A dispensation according to Article 9(6) may be granted if at least one of the following generic criteria is fulfilled:

Physical form of substance

Substances in solid form, such that, under both normal conditions and any abnormal conditions which can reasonably be foreseen, a release, of matter or of energy, which could create a major accident hazard, is not possible.

Containment and quantities

Substances packaged or contained in such a fashion and in such quantities that the maximum release possible under any circumstances cannot create a major accident hazard.

Location and quantities

Substances present in such quantities and at such distances from other dangerous substances (at the establishment or elsewhere) that they can neither create a major accident hazard by themselves nor initiate a major accident involving other dangerous substances.

Classification

Substances which are defined as dangerous substances by virtue of their generic classification in Annex I, Part 2 to Directive 96/82/EC, but which cannot create a major accident hazard, and for which therefore the generic classification is inappropriate for this purpose.

	GIVEN under my Official Seal, this 21st day of December 2000.
	MARY HARNEY, T.D.,
	Minister for Enterprise, Trade and Employment.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of these Regulations is to implement Council Directive 96/82/EC on the control of major accident hazards involving dangerous substances.

The Regulations apply to establishments where dangerous substances are present in amounts equal to or exceeding the application thresholds.

Operators of establishments are required to take all necessary measures to prevent the occurrence of major accidents and to limit the consequences of accidents for people and the environment.

The Regulations impose duties in respect of safety management systems, preparation of safety reports and emergency preparedness.

The Regulations also deal with provision of advice on major hazards in the context of land-use planning decisions.

The Regulations set out the arrangements for the appointment of competent authorities, enforcement and the provision of information.

The Regulations provide for the levying of charges by competent authorities for duties performed pursuant to these Regulations.

Footnotes