S.I. No. 74/2006 - European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2006

• (d) any structural or other weakness or defect which in the opinion of the person carrying out the examination would affect the ultimate strength of, or account for any failure in, the installation or the part thereof examined, and

• (e) such other matters as the Central Competent Authority may specify when making the requirement.

• (3) If the Central Competent Authority is not satisfied as to the adequacy of a report submitted for the purpose of this Regulation, the competence of a person conducting the examination or any test or investigation for the purpose of the report or the adequacy of the examination or of any test or investigation, the Authority may by notice in writing require the operator to have a further examination, test or investigation carried out at his or her own expense by a person nominated by the Authority and, where the Authority so requires, the operator shall provide the necessary facilities for such further examination, test or investigation.

• (4) An operator shall comply with a notice issued in accordance with paragraph (1) or (3).

• (5) It shall be a good defence for a person prosecuted for contravening this Regulation to prove that he or she used every reasonable effort to comply with the requirements of the relevant notice.

• (6) The Central Competent Authority shall consider any representations made by the operator on matters of confidentiality in relation to the application of this Regulation.

Special reports on major accidents by inspector.

• (2) The Central Competent Authority or an inspector of that Authority may consult with the Environmental Protection Agency regarding the contents of the special report or any aspect thereof.

• (3) The Central Competent Authority may make available the whole or any part of a special report made by virtue of paragraph (1) to any local competent authority for the purpose of enabling or assisting any such authority to perform its functions.

• (4) The Central Competent Authority may cause the whole or any part of a special report prepared by virtue of paragraph (1) to be made available to the public at such time and in such manner as the Minister considers appropriate.

• (5) The Central Competent Authority shall consider any representations made by the operator on matters of confidentiality in relation to the application of this Regulation.

• (6) Nothing in this Regulation shall be construed as giving to an operator or any other person the right to see or to be shown a special report or any part thereof prior to the special report or any part thereof being made available to the public or to a local competent authority.

Power of Minister to direct formal investigation.

• (a) the causes and circumstances of any major accident or notifiable incident or

• (b) an alleged failure of a local competent authority to perform its functions under these Regulations,

but the Minister shall not make such a direction until after he or she has obtained the consent to the holding of the investigation of every other Minister of the Government who has appointed a local competent authority whose functional area has been affected by such major accident or notifiable incident or which allegedly has failed to perform its functions, as the case may be.

• (2) The provisions of this Regulation shall have effect in relation to the investigation.

• (3) The Minister may appoint a competent person or persons to hold the investigation, and may appoint any person possessing legal or special knowledge to act as assessor in relation to the investigation.

• (4) The person or persons so appointed (in these Regulations referred to as “the tribunal”) shall hold the investigation in such manner and under such conditions as the tribunal may think most effective for ascertaining the causes and circumstances of the major accident or notifiable incident or for investigating the alleged failure of a local competent authority to perform its functions, as the case may be, and for enabling the tribunal to make its report.

• (5) The tribunal shall have for the purposes of the investigation all the powers of a Judge of the District Court when hearing a prosecution for an offence under these Regulations and in addition, shall have the power—

• (a) to enter and inspect any place or building the entry or inspection whereof appears to the tribunal requisite for the said purposes,

• (b) by summons signed by a member of the tribunal to require the attendance of all such persons as it thinks fit to call before it and examine on oath for the said purposes, and to require answers or returns to such inquiries as it thinks fit to make,

• (c) to require the production in legible form of, and to inspect and copy, any information kept or capable of being reproduced, in a legible form,

• (d) to administer an oath and require any person examined to make and sign a declaration of the truth of the statements made by that person in the course of the examination.

• (6) Persons attending as witnesses before the tribunal shall be allowed such expenses as would be allowed to witnesses attending before a court of record and, in case of dispute as to the amount to be allowed, the dispute shall be referred by the tribunal to a taxing master of the High Court who, on request signed by the tribunal shall ascertain and certify the proper amount of the expenses.

• (7) The tribunal shall make a report to the Minister stating its findings as to the causes and circumstances of the major accident or notifiable incident, or its conclusions on the alleged failure of the local competent authority in question to perform its functions, as the case may be, and adding any observations which the tribunal thinks right to make.

• (8) The tribunal may direct that the expenses or any part thereof incurred in and about an investigation under this Regulation (including the remuneration of any persons appointed to act as assessors) be paid in whole or part by any person summoned before it who appears to the tribunal to be, by reason of any act or default on his or her part or on the part of any servant or agent of his or hers, responsible in any degree for the matter under investigation by the tribunal but any such expenses not directed to be so paid shall be deemed to be part of the expenses of the Minister in the administration of these Regulations and in the case of a dispute as to the amount of such expenses or any part thereof, the dispute shall be referred by the tribunal to a taxing master of the High Court who, on request signed by the tribunal, shall ascertain and certify the proper amount of the expenses.

• (9) A person shall not without reasonable excuse (proof whereof shall lie with him or her)—

• (a) refuse, after having had the expenses (if any) to which he or she is entitled tendered to him or her, to comply with any summons or requisition of the tribunal, or

• (b) prevent or impede the tribunal in the execution of its duty.

• (10) The Minister may cause the whole or any part of the report of the tribunal made by virtue of paragraph (7) to be made available to the public at such time and in such manner as the Minister considers appropriate.

• (11) The Minister may cause the report of the tribunal or any part of the report to be made available to the relevant local competent authorities as necessary in relation to their functions under these Regulations.

• (12) The Minister, prior to making available the report or any part thereof to the public pursuant to paragraph (10), or a relevant local competent authority pursuant to paragraph (11), shall consider any representations made by the operator to the tribunal regarding matters of confidentiality.

• (13) Nothing in this Regulation shall be construed as giving to an operator or any other person the right to see or be shown the report of the tribunal or any part thereof prior to such report, or part thereof, being made available to the public or to a relevant local competent authority.

Notifiable incidents and register.

• (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 21(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 10 years after that occurrence.

Enforcement and Regulation

Functions of Central Competent Authority.

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

• (e) fulfil the requirements laid down in Article 17(1) of the Directive in relation to prohibition of use,

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

• (g) exchange information as required by paragraphs 1 and 1a of Article 19 of the Directive, and

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

• (2) The Central Competent Authority shall, using the information received from an operator in a notification sent by virtue of Regulation 11 or a safety report or from other sources of information, 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(8) 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,

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

• (c) notify in writing the relevant local competent authorities for the purpose of Regulation 16(1).

• (5) The Central Competent Authority may consult as appropriate with the Environmental Protection Agency on the information contained in a safety report that is relevant to the possible risks of environmental pollution from a major accident.

Advice on Land Use Planning.

• (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 Planning and Development Act 2000 (No. 30 of 2000 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 Planning and Development Act 2000 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 3 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.

Inspectors.

Warrant of appointment as inspector.

General powers of inspectors.

• (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 an establishment or any part thereof, or any person at an establishment and any person employed there at the time of the request or at any time in the 6 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’' 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 or her 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.

Powers of inspectors for purpose of safeguarding persons and the environment.

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

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

• (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 (5)(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 or her under this Regulation he or she may, within the period of 7 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 or she 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 or she 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 or she considers appropriate.

• (5) Where paragraph (3) applies and an appeal is taken, it shall not have the effect of suspending the operation of the notice but the appellant may apply to the court to have the operation of the notice suspended until the appeal is disposed of and, on such application, the court may, if it thinks proper to do so, direct that the operation of the notice be suspended until the appeal is disposed of.

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

(7)(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.

Application to High Court by Central Competent Authority.

• (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 67, 68 and 71 of the Safety, Health and Welfare at Work Act 2005 .

Service of Documents.

• (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 16 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

Restrictions on disclosure of information.

• (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 Communities,

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

• (c) public security,

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

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

• (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 23(3) and 24(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(7) 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 Communities, pursuant to Article 15 of the Directive, of the information specified in Annex VI to the Directive (which is set out in Schedule 7) relating to a major accident,

• (h) the exchanging with the other Member States of the European Union and with the Commission of the European Communities, 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 or her as being information so furnished.

Translations of reports.

Offences and penalties

Offences.

(2)(a) Except in so far as it relates to the application of Regulation 24(9) paragraph (1) shall not apply to a Competent Authority.

• (b) Except in so far as it relates to Regulations 24(9) and 34, 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(7).

Onus of proof.

Liability of operators.

• (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 or her, 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 or she proves that he or she 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.

Liability of directors and officers of bodies corporate.

Forgery of documents.

• (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.

Personation.

• (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(7), or

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

shall be guilty of an offence.

Obstruction of inspector or authorised officer.

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

• (b) an officer of a local competent authority authorised under Regulation 17(7), in the course of exercising a power conferred by these Regulations,

shall be guilty of an offence.

Penalties.

Prosecution of offences.

• (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 2 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 23(1), or

• (ii) to the Minister by a tribunal pursuant to Regulation 24(7),

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

whichever is the later.

Cost of prosecutions.

Charges for services

Charges for services.

• (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 34(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 18(1)(a), the information referred to in Regulation 18(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 18(1)(a) refers for the provision or making available of the information referred to in Regulation 18(1)(a).

Schedule 1 APPLICATION OF THE DIRECTIVE

Annex I to Council Directive 96/82/EC as amended by Council Directive 2003/105/EC

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
	Qualifying quantity (tonnes)	Qualifying quantity (tonnes)
Dangerous substances
	for the application of	for the application of
	Articles 6 and 7	Article 9
Ammonium nitrate (see note 1)	5000	10000
Ammonium nitrate (see note 2)	1250	5000
Ammonium nitrate (see note 3)	350	2500
Ammonium nitrate (see note 4)	10	50
Potassium nitrate (see note 5)	5000	10000
Potassium nitrate (see note 6)	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	50	200
(including LPG) and natural gas
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		0.001
polychlorodibenzodioxins (including TCDD), calculated in TCDD equivalent
The following CARCINOGENS at concentrations above 5% by weight:	0.5	2
4-Aminobiphenyl and/or its salts, Benzotrichloride, Benzidine and/or salts, Bis (chloromethyl) ether, Chloromethyl methyl ether, 1,2-Dibromoethane, Diethyl sulphate, Dimethyl sulphate, Dimethylcarbamoyl chloride, 1,2-Dibromo-3-chloropropane, 1, 2- Dimethylhydrazine, Dimethylnitrosamine, Hexamethylphosphoric triamide, Hydrazine, 2-Naphthylamine and/or salts, 4— Nitrodiphenyl, and 1,3 Propanesultone
Petroleum products:	2500	25000
(a) Gasolines and naphthas,
(b) Kerosenes (including jet fuels)
(c) Gas oils (including diesel fuels, home heating oils and gas oil blending streams)

NOTES

This applies to ammonium nitrate-based compound/composite fertilisers (compound/composite fertilisers containing ammonium nitrate with phosphate and/or potash) in which the nitrogen content as a result of ammonium nitrate is-

• between 15,75% (⁴ ) and 24,5% (⁵ ) by weight, and either with not more than 0.4% total combustible/organic materials or which fulfil the requirements of Annex II of Directive 80/876/EEC,

• 15.75% (⁶ ) by weight or less and unrestricted combustible materials,

and which are capable of self-sustaining decomposition according to the UN Trough Test (see United Nations Recommendations on the Transport of Dangerous Goods: Manual of Tests and Criteria, Part III, subsection 38.2).

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

• more than 24,5% by weight, except for mixtures of ammonium nitrate with dolomite, limestone and/or calcium carbonate with a purity of at least 90%,

• more than 15,75% by weight for mixtures of ammonium nitrate and ammonium sulphate,

• more than 28%⁴ by weight for mixtures of ammonium nitrate with dolomite, limestone and/or calcium carbonate with a purity of at least 90%,

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

This applies to:

• ammonium nitrate and preparations of ammonium nitrate in which the nitrogen content as a result of the ammonium nitrate is

• between 24.5% and 28% by weight, and which contain not more than 0.4% combustible substances,

• more than 28% by weight, and which contain not more than 0.2% combustible substances

• aqueous ammonium nitrate solutions in which the concentration of ammonium nitrate is more than 80% by weight.

This applies to:

• material rejected during the manufacturing process and to ammonium nitrate and preparations of ammonium nitrate, straight ammonium nitrate-based fertilisers and ammonium nitrate-based compound/composite fertilisers referred to in notes 2 and 3, that are being or have been returned from the final user to a manufacturer, temporary storage or reprocessing plant for reworking, recycling or treatment for safe use, because they no longer comply with the specifications of Notes 2 and 3:

• fertilisers referred to in Note 1, first indent, and Note 2 which do not fulfil the requirements of Annex II of Directive 80/876/EEC.

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

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
1,2,3,6,7,8-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)	(T = tetra, P = penta, Hx = hexa, HP = hepta, O = octa)	(T = tetra, P = penta, Hx = hexa, HP = hepta, O = octa)	(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
	Qualifying quantity (tonnes) of dangerous substances	Qualifying quantity (tonnes) of dangerous substances
Categories of dangerous substances	as delivered in Article 3 (4), for the application of	as delivered in Article 3 (4), for the application of
	Articles 6 and 7	Article 9
1. VERY TOXIC	5	20
2. TOXIC	50	200
3. OXIDIZING	50	200
4. EXPLOSIVE (see Note 2)	50	200
where the substance, preparation or article falls under UN/ADR Division 1.4
5. EXPLOSIVE (see Note 2)	10	50
where the substance, preparation or article falls under any of: UN/ADR Divisions 1.1, 1.2, 1.3, 1.5 or 1.6 or risk phrase R2 or R3
6. FLAMMABLE (where the substance or preparation falls within the definition given in Note 3(a))	5000	50000
7 a. HIGHLY FLAMMABLE (where the substance or preparation falls within the definition given in Note 3(b)(1))	50	200
7 b. 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 risk phrases:
(i) R50: “Very toxic to aquatic organisms” (including R50/53)	100	200
(ii) R51/53: “Toxic to aquatic organisms; may cause long term adverse effects in the aquatic environment”	200	500
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 substances (⁸),

• Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of laws, regulations and administrative provisions of the Member States relating to the classification packaging and labelling of dangerous preparations (⁹)

In the case of substances and preparations which are not classified as dangerous according to either of the above Directives, for example waste, but which nevertheless are present, or are likely to be present, in an establishment and which possess or are likely to possess, under the conditions found at the establishment equivalent properties in terms of major-accident potential, the procedures for provisional classification shall be followed in accordance 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 qualifying quantities shall apply. However, for the application of the rule in Note 4, the qualifying quantity used shall always be the one corresponding to the classification concerned.

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

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

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

• a substance, preparation or article covered by Class 1 of the European Agreement concerning the International Carriage of Dangerous Goods by Road (UN/ADR), concluded on 30 September 1957, as amended, as transposed by Council Directive 94/55/EC of 21 November 1994 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road (¹⁰).

Included in this definition are pyrotechnics, which for the purposes of this Directive are defined as substances (or mixtures of substances) designated to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions. Where a substance or preparation is classified by both UN/ADR and risk phase R2 or R3, the UN/ADR classification shall take precedence over assignment of risk phrases.

Substances and articles of Class 1 are classified in any of the divisions 1.1 to 1.6 in accordance with the UN/ADR classification scheme. The divisions concerned are:

Division 1.1: Substances and articles which have a mass explosion hazard (a mass explosion is an explosion which affects almost the entire load virtually instantaneously).

Division 1.2: Substances and articles which have a projection hazard but not a mass explosion hazard.

Division 1.3: Substances and articles which have a fire hazard and either a minor blast hazard or a minor projection hazard or both, but not a mass explosion hazard:

• (a) combustion of which gives rise to considerable radiant heat: or

• (b) which burns one after another, producing minor blast or projection effects or both.

Division 1.4: Substances and articles which present only a slight risk in the event of ignition or initiation during carriage. The effects are largely confined to the package and no projection of fragments of appreciable size or range is to be expected. An external fire shall not cause virtually instantaneous explosion of virtually the entire contents of the package.

Division 1.5: Very insensitive substances having a mass explosion hazard which are so insensitive that there is very little probability of initiation or of transition from burning to detonation under normal conditions of carriage. As a minimum requirement they shall not explode in the external fire test.

Division 1.6: Extremely insensitive articles which do not have a mass explosion hazard. The articles contain only extremely insensitive detonating substances and demonstrate a negligible probability of accidental initiation or propagation. The risk is limited to the explosion of a single article.

Included in this definition are also explosive or pyrotechnic substances or preparations contained in articles. In the case of articles containing explosive or pyrotechnic substances or preparations, if the quantity of the substance or preparation contained is known, that quantity shall be considered for the purposes of this Directive. If the quantity is not known, then, for the purposes of this Directive, the whole article shall be treated as explosive.

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

• (c) extremely flammable gases and liquids:

This Directive shall apply if the sum -

q1 /QU1 +q2 /QU2 +q3 /QU3 +q4 /QU4 +q5 /QU5+...is greater than or equal to 1,

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

and QUX = the relevant qualifying quantity for substance or category x from column 3 of Parts 1 or 2

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

q1 /QL1 +q2 /QL2 +q3 /QL3+q4 /QL4+q5 /QL5 +...is greater than or equal to 1,

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

and QLX = the relevant qualifying quantity for substance or category x from column 2 of Parts 1 or 2.

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

• (a) for the addition of substances and preparations named in Part 1 and classified as toxic or very toxic, together with substances and preparations falling into categories 1 or 2;

• (b) for the addition of substances and preparations named in Part 1 and classified as oxidising, explosive, flammable, highly flammable, or extremely flammable, together with substances and preparations falling into categories 3, 4, 5, 6, 7a, 7b or 8;

• (c) for the addition of substances and preparations named in Part 1 and classified as dangerous for the environment (R50 (including R50/53)or R51/53),together with substances and preparations falling into categories 9(i) or 9(ii);

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

Schedule 2 MAJOR ACCIIDENT PREVENTION POLICY AND SAFETY MANAGEMENT SYSTEM

Annex III to Council Directive 96/82/EC

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) organisation and personnel — the roles and responsibilities of personnel involved in the management of major hazards at all levels in the organisation. The identification of training needs of such personnel and the provision of the training so identified. The involvement of employees and, where appropriate subcontracted personnel working in the establishment;

• (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 and to provide specific training for the staff concerned. Such training shall be given to all personnel working in the establishment, including relevant subcontracted personnel;

• (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.

Schedule 3 INFORMATION TO BE INCLUDED IN A NOTIFICATION TO THE CENTRAL COMPETENT AUTHORITY

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.

Schedule 4 SAFETY REPORTS

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;

PART 2 DATA AND INFORMATION IN A SAFETY REPORT

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 organisation 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 including maps, images or, as appropriate, equivalent descriptions showing areas which are liable to be affected by such accidents arising from the establishment, subject to the provisions of Articles 13(4) and 20;

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.

Schedule 5 EMERGENCY PLANS

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 people, the environment and property,

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

• (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 DATA AND INFORMATION IN EMERGENCY PLANS

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 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 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.