Council Directive 96/82/EC (repealed)Show full title

[F1 List of Annexes

Annex I	— Application of the Directive
Annex II	— Minimum data and information to be considered in the safety report specified in Article 9
Annex III	— 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
Annex IV	— Data and information to be included in the emergency plans specified under Article 11
Annex V	— Items of information to be communicated to the public as provided for in Article 13 (1)
Annex VI	— Criteria for the notification of an accident to the Commission as provided for in Article 15 (1)]

Textual Amendments

F1 Substituted by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003 adapting to Council Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in instruments subject to the procedure referred to in Article 251 of the EC Treaty.

ANNEX I

APPLICATION OF THE DIRECTIVE

INTRODUCTION U.K.

1. This Annex applies to the presence of dangerous substances at any establishment within the meaning of Article 3 of this Directive and determines the application of the relevant Articles thereof. U.K.

2. Mixtures and preparations shall be treated in the same way as pure substances provided they remain within concentration limits set according to their properties under the relevant Directives given in Part 2, Note 1, or their latest adaptation to technical progress, unless a percentage composition or other description is specifically given. U.K.

3. The qualifying quantities set out below relate to each establishment. U.K.

4. The quantities to be considered for the application of the relevant Articles are the maximum quantities which are present or are likely to be present at any one time. Dangerous substances present at an establishment only in quantities equal to or less than 2 % of the relevant qualifying quantity shall be ignored for the purposes of calculating the total quantity present if their location within an establishment is such that it cannot act as an initiator of a major accident elsewhere on the site. U.K.

5. The rules given in Part 2, Note 4 governing the addition of dangerous substances, or categories of dangerous substances, shall apply where appropriate. U.K.

[F2 6. For the purposes of this Directive, a gas is any substance that has an absolute vapour pressure equal to or greater than 101,3 kPa at a temperature of 20 °C. U.K.

Textual Amendments

F2 Inserted by Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003 amending Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances.

7. For the purposes of this Directive, a liquid is any substance that is not defined as a gas and that is not in the solid state at a temperature of 20 °C and at a standard pressure of 101,3 kPa.] U.K.

PART 1 U.K. 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
	Articles 6 and 7	Article 9
Ammonium nitrate (see note 1)	5 000	10 000
Ammonium nitrate (see note 2)	1 250	5 000
Ammonium nitrate (see note 3)	350	2 500
Ammonium nitrate (see note 4)	10	50
Potassium nitrate (see note 5)	5 000	10 000
Potassium nitrate (see note 6)	1 250	5 000
Bromine	20	100
Chlorine	10	25
Nickel compounds in inhalable powder form (nickel monoxide, nickel dioxide, nickel sulphide, trinickel disulphide, dinickel trioxide)		1
Ethyleneimine	10	20
Fluorine	10	20
Formaldehyde (concentration ≥ 90 %)	5	50
Hydrogen	5	50
Hydrogen chloride (liquefied gas)	25	250
Lead alkyls	5	50
Liquefied extremely flammable gases (including LPG) and natural gas	50	200
Acetylene	5	50
Ethylene oxide	5	50
Propylene oxide	5	50
Methanol	500	5 000
4, 4-Methylenebis (2-chloraniline) and/or salts, in powder form		0,01
Methylisocyanate		0,15
Oxygen	200	2 000
Toluene diisocyanate	10	100
Carbonyl dichloride (phosgene)	0,3	0,75
Arsenic trihydride (arsine)	0,2	1
Phosphorus trihydride (phosphine)	0,2	1
Sulphur dichloride	1	1
Sulphur trioxide	15	75
Polychlorodibenzofurans and polychlorodibenzodioxins (including TCDD), calculated in TCDD equivalent		0,001
The following CARCINOGENS at concentrations above 5 % by weight: 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	0,5	2
Petroleum products: (a) gasolines and naphthas, (b) kerosenes (including jet fuels), (c) gas oils (including diesel fuels, home heating oils and gas oil blending streams)	2 500	25 000

NOTES U.K.

[F3 1. Ammonium nitrate ( 5 000 / 10 000 ): fertilisers capable of self-sustaining decomposition U.K.

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

• between 15,75 % (1) and 24,5 % (2) by weight, and either with not more than 0,4 % total combustible/organic materials or which fulfil the requirements of Annex II of Directive 80/876/EEC,

• 15,75 % (3) by weight or less and unrestricted combustible materials,

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

Textual Amendments

F3 Substituted by Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003 amending Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances.

2. Ammonium nitrate ( 1 250 / 5 000 ): fertiliser grade U.K.

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.

3. Ammonium nitrate (350/2500): technical grade U.K.

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.

4. Ammonium nitrate (10/50): ‘off-specs’ material and fertilisers not fulfilling the detonation test U.K.

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.

5. Potassium nitrate ( 5 000 / 10 000 ): composite potassium-nitrate based fertilisers composed of potassium nitrate in prilled/granular form U.K.

6. Potassium nitrate ( 1 250 / 5 000 ): composite potassium-nitrate based fertilisers composed of potassium nitrate in crystalline form] U.K.

[F3 7.] Polychlorodibenzofurans and polychlorodibenzodioxins U.K.

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

(T = tetra, P = penta, Hx = hexa, HP = hepta, O = octa)
International Toxic Equivalent Factors (ITEF) for the congeners of concern (NATO/CCMS)
2,3,7,8-TCDD	1	2,3,7,8-TCDF	0,1
1,2,3,7,8-PeDD	0,5	2,3,4,7,8-PeCDF	0,5
		1,2,3,7,8-PeCDF	0,05
1,2,3,4,7,8-HxCDD	0,1	1,2,3,4,7,8-HxCDF	0,1
1,2,3,6,7,8-HxCDD		1,2,3,7,8,9-HxCDF
1,2,3,7,8,9-HxCDD		1,2,3,6,7,8-HxCDF
1,2,3,4,6,7,8-HpCDD	0,01	2,3,4,6,7,8-HxCDF
OCDD	0,001	1,2,3,4,6,7,8-HpCDF	0,01
		1,2,3,4,7,8,9-HpCDF
		OCDF	0,001

PART 2 U.K. 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
	Articles 6 and 7	Article 9
1. VERY TOXIC	5	20
2. TOXIC	50	200
3. OXIDIZING	50	200
4. EXPLOSIVE (see note 2) where the substance, preparation or article falls under UN/ADR Division 1.4	50	200
5. EXPLOSIVE (see note 2) 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	10	50
6. FLAMMABLE (where the substance or preparation falls within the definition given in Note 3 (a))	5 000	50 000
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))	5 000	50 000
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 violenty with water’ (including R14/15)	100	500
(ii) R29: ‘in contact with water, liberates toxic gas’	50	200

NOTES U.K.

[F3 1. Substances and preparations are classified according to the following Directives and their current adaptation to technical progress: U.K.

Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (5) ,

Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (6) .

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

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

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

[F3 2. An ‘ explosive ’ means: U.K.

• a substance or preparation which creates the risk of an explosion by shock, friction, fire or other sources of ignition (risk phrase R2),

• a substance or preparation which creates extreme risks of explosion by shock, friction, fire or other sources of ignition (risk phrase R3), or

• a substance, preparation or article covered by Class 1 of the European Agreement concerning the International Carriage of Dangerous Goods by Road (UN/ADR), concluded on 30 September 1957, as amended, as transposed by Council Directive 94/55/EC of 21 November 1994 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road (7) .

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

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

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 burn 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.]

3. ‘Flammable’, ‘highly flammable’, and ‘extremely flammable’ in categories 6, 7 and 8 mean: U.K.

(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:

1.

• substances and preparations which may become hot and finally catch fire in contact with air at ambient temperature without any input of energy (risk phrase R 17),

• [F3 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;]

2.

substances and preparations having a flash point lower than 21 °C and which are not extremely flammable (risk phrase R 11, second indent);

(c)

extremely flammable gases and liquids:

1.

liquid substances and preparations which have a flash point lower than 0 °C and the boiling point (or, in the case of a boiling range, the initial boiling point) of which at normal pressure is less than or equal to 35 °C (risk phrase R 12, first indent), and

2.

[F3 gases which are flammable in contact with air at ambient temperature and pressure (risk phrase R12, second indent), which are in a gaseous or supercritical state, and]

3.

[F3 flammable and highly flammable liquid substances and preparations maintained at a temperature above their boiling point.]

[F3 4. In the case of an establishment where no individual substance or preparation is present in a quantity above or equal to the relevant qualifying quantities, the following rule shall be applied to determine whether the establishment is covered by the relevant requirements of this Directive. U.K.

This Directive shall apply if the sum

• q ₁ /Q _U1 + q ₂ /Q _U2 + q ₃ /Q _U3 + q ₄ /Q _U4 + q ₅ /Q _U5 +… is greater than or equal to 1,

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

• and Q _UX = the relevant qualifying quantity for substance or category x from column 3 of Parts 1 or 2.

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

• q ₁ /Q _L1 + q ₂ /Q _L2 + q ₃ /Q _L3 + q ₄ /Q _L4 + q ₅ /Q _L5 +… is greater than or equal to 1,

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

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

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

(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.]

Textual Amendments

F2 Inserted by Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003 amending Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances.

F3 Substituted by Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003 amending Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances.

ANNEX II

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 U.K.

This information shall contain the elements given in Annex III.

II. Presentation of the environment of the establishment U.K.

A.

description of the site and its environment including the geographical location, meterological, 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 U.K.

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:

1.

inventory of dangerous substances including:

• the identification of dangerous substances: chemical name, CAS number, name according to IUPAC nomenclature,

• the maximum quantity of dangerous substances present or likely to be present;

2.

physical, chemical, toxicological characteristics and indication of the hazards, both immediate and delayed for man and the environment;

3.

physical and chemical behaviour under normal conditions of use or under foreseeable accidental conditions.

IV. Identification and accidental risks analysis and prevention methods U.K.

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.

[F3 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 U.K.

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.

ANNEX III

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)

[F3 organisation and personnel — the roles and responsibilities of personnel involved in the management of major hazards at all levels in the organisation. The identification of training needs of such personnel and the provision of the training so identified. The involvement of employees and of 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)

[F3 planning for emergencies — adoption and implementation of procedures to identify foreseeable emergencies by systematic analysis, to prepare, test and review emergency plans to respond to such emergencies and to provide specific training for the staff concerned. Such training shall be given to all personnel working in the 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.

ANNEX IV

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

1. Internal emergency plans U.K.

(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 warnings are to be given and the actions persons are expected to take on receipt of a warning.

(e)

Arrangements for providing early warning of the incident to the authority responsible for setting the external emergency plan in motion, the type of information which should be contained in an initial warning and the arrangements for the provision of more detailed information as it becomes available.

(f)

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.

2. External emergency plans U.K.

(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.

ANNEX V

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

1. Name of operator and address of the establishment. U.K.

2. Identification, by position held, of the person giving the information. U.K.

3. Confirmation that the establishment is subject to the regulations and/or administrative provisions implementing this Directive and that the notification referred to in Article 6 (3), or the safety report referred to in Article 9 (1) has been submitted to the competent authority. U.K.

4. An explanation in simple terms of the activity or activities undertaken at the establishment. U.K.

5. The common names or, in the case of dangerous substances covered by Part 2 of Annex I, the generic names or the general danger classification of the substances and preparations involved at the establishment which could give rise to a major accident, with an indication of their principal dangerous characteristics. U.K.

6. General information relating to the nature of the major-accident hazards, including their potential effects on the population and the environment. U.K.

7. Adequate information on how the population concerned will be warned and kept informed in the event of a major accident. U.K.

8. Adequate information on the actions the population concerned should take, and on the behaviour they should adopt, in the event of a major accident. U.K.

9. Confirmation that the operator is required to make adequate arrangements on site, in particular liaison with the emergency services, to deal with major accidents and to minimize their effects. U.K.

10. A reference to the external emergency plan drawn up to cope with any off-site effects from an accident. This should include advice to cooperate with any instructions or requests from the emergency services at the time of an accident. U.K.

11. Details of where further relevant information can be obtained, subject to the requirements of confidentiality laid down in national legislation. U.K.

ANNEX VI

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. U.K.

1. Substances involved U.K.

Any fire or explosion or accidental discharge of a dangerous substance involving, a quantity of at least 5 % of the qualifying quantity laid down in column 3 of Annex I.

2. Injury to persons and damage to real estate U.K.

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

• a death,

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

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

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

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

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

3. Immediate damage to the environment U.K.

• permanent or long-term damage to terrestrial habitats:

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

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

• significant or long-term damage to freshwater and marine habitats (8)

  • 10 km or more of river or canal,

  • 1 ha or more of a lake or pond,

  • 2 ha or more of delta,

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

• significant damage to an aquifer or underground water (8)

  • 1 ha or more.

4. Damage to property U.K.

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

• damage to property outside the establishment: at least ECU 0,5 million.

5. Cross-border damage U.K.

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. U.K.

(1)

[F3 15,75 % nitrogen content by weight as a result of ammonium nitrate corresponds to 45 % ammonium nitrate.

(2)

24,5 % nitrogen content by weight as a result of ammonium nitrate corresponds to 70 % ammonium nitrate.

(3)

15,75 % nitrogen content by weight as a result of ammonium nitrate corresponds to 45 % ammonium nitrate.

(4)

28 % nitrogen content by weight as a result of ammonium nitrate corresponds to 80 % ammonium nitrate.]

(5)

[F3 OJ L 196, 16.8.1967, p. 1 . Directive as last amended by Regulation (EC) No 807/2003 ( OJ L 122, 16.5.2003, p. 36 ).

(6)

OJ L 200, 30.7.1999, p. 1 . Directive as amended by Commission Directive 2001/60/EC ( OJ L 226, 22.8.2001, p. 5 ).]

(7)

[F3 OJ L 319, 12.12.1994, p. 7 . Directive as last amended by Commission Directive 2003/28/EC ( OJ L 90, 8.4.2003, p. 45 ).]

(8)

In assessing damage, reference could be made where appropriate to Directives 75/440/EEC, 76/464/EEC and Directives adopted for its application in relation to certain substances, namely, Directives 76/160/EEC, 78/659/EEC, 79/923/EEC, or to the Lethal Concentration (LC) for 50 % of the species representative of the environment affected as defined by Directive 92/32/EEC for the criterion ‘dangerous for the environment’.

Textual Amendments

F3 Substituted by Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003 amending Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances.