Annexes to COM(1994)4 - Control of major- accident hazards involving dangerous substances (COMAH)

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dossier COM(1994)4 - Control of major- accident hazards involving dangerous substances (COMAH).
document COM(1994)4 EN
date December  9, 1996
List of Annexes

Page

Annex I - Application of the Directive 24

Annex II - Minimum data and information to be considered in the safety report specified in Article 9 29

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 30

Annex IV - Data and information to be included in the emergency plans specified under Article 11 31

Annex V - Items of information to be communicated to the public as provided for in Article 13 (1) 32

Annex VI - Criteria for the notification of an accident to the Commission as provided for in Article 15 (1) 33

(1) OJ No C 106, 14. 4. 1994, p. 4 and OJ No C 238, 13. 9. 1995, p. 4.

(2) OJ No C 295, 22. 10. 1994, p. 83.

(3) Opinion of the European Parliament of 16 February 1995 (OJ No C 56, 6. 3. 1995, p. 80), Council common position of 19 March 1996 (OJ No C 120, 24. 4. 1996, p. 20) and Decision of the European Parliament of 15 July 1996 (OJ No C 261, 9. 9. 1996, p. 24).

(4) OJ No L 230, 5. 8. 1982, p. 1. Directive as last amended by Directive 91/692/EEC (OJ No L 377, 31. 12. 1991, p. 48).

(5) OJ No C 112, 20. 12. 1973, p. 1.

OJ No C 139, 13. 6. 1977, p. 1.

OJ No C 46, 17. 2. 1983, p. 1.

OJ No C 70, 18. 3. 1987, p. 1.

OJ No C 138, 17. 5. 1993, p. 1.

(6) OJ No C 328, 7. 12. 1987, p. 3.

(7) OJ No C 138, 17. 5. 1993.

(8) OJ No L 183, 29. 6. 1989, p. 1.

(9) OJ No L 377, 31. 12. 1991, p. 48.


ANNEX I


APPLICATION OF THE DIRECTIVE

INTRODUCTION

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.

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.

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

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.

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


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.

>TABLE>

NOTES

1. Ammonium nitrate (350/2 500)

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

2. Ammonium nitrate (1 250/5 000)

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

1. Polychlorodibenzofurans and polychlorodibenzodioxins

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

>TABLE>


PART 2


Categories of substances and preparations not specifically named in Part 1

>TABLE>

NOTES

1. Substances and preparations are classified according to the following Directives (as amended) and their current adaptation to technical progress:

- 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 (1),

- Council Directive 88/379/EEC of 7 June 1988 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (2),

- Council Directive 78/631/EEC of 26 June 1978 on the approximation of the laws of the Member States relating to the classification, packaging and labelling of dangerous preparations (pesticides) (3).

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

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

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

2. An 'explosive` means:

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

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

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

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

3. 'Flammable`, 'highly flammable`, and 'extremely flammable` in categories 6, 7 and 8 mean:

(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),

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

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. gaseous substances and preparations which are flammable in contact with air at ambient temperature and pressure (risk phrase R 12, second indent), whether or not kept in the gaseous or liquid state under pressure, excluding liquefied extremely flammable gases (including LPG) and natural gas referred to in Part 1, and

3. liquid substances and preparations maintained at a temperature above their boiling point.

4. The addition of dangerous substances to determine the quantity present at an establishment shall be carried out according to the following rule:

if the sum

>NUM>q1

>DEN>Q

+ >NUM>q2

>DEN>Q

+ >NUM>q3

>DEN>Q

+ >NUM>q4

>DEN>Q

+ >NUM>q5

>DEN>Q

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

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

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

This rule will apply for the following circumstances:

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

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

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


(1) OJ No 196, 16. 8. 1967, p. 1. Directive as last amended by Directive 93/105/EC (OJ No L 294, 30. 11. 1993, p. 21).

(2) OJ No L 187, 16. 7. 1988, p. 14.

(3) OJ No L 206, 29. 7. 1978, p. 13. Directive as last amended by Directive 92/32/EEC (OJ No L 154, 5. 6. 1992, p. 1).


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

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:

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

A. detailed description of the possible major-accident scenarios and their probability or the conditions under which they occur including a summary of the events which may play a role in triggering each of these scenarios, the causes being internal or external to the installation;

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

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


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

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

B. organization of alert and intervention;

C. description of mobilizable resources, internal or external;

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


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

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

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

(iv) management of change - adoption and implementation of procedures for planning modifications to, or the design of new installations, processes or storage facilities;

(v) planning for emergencies - adoption and implementation of procedures to identify foreseeable emergencies by systematic analysis and to prepare, test and review emergency plans to respond to such emergencies;

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

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


ANNEX IV


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


1. Internal emergency plans

(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

(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.

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

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.

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

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.

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

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

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.

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.

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.

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


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.


1. Substances involved

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


2. Injury to persons and damage to real estate

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

- 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 (1*)- 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 (2*)

- 1 ha or more.


4. Damage to property

- 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

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.

(1*) 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`.