Activities of Åsa WESTLUND related to 2010/0377(COD)
Plenary speeches (2)
Explanations of vote
Major-accident hazards involving dangerous substances (debate)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on control of major-accident hazards involving dangerous substances PDF (683 KB) DOC (929 KB)
Amendments (28)
Amendment 52 #
Proposal for a directive
Recital 4
Recital 4
(4) It is therefore appropriate to replace Directive 96/82/EC to ensure that that existing levels of protection are maintained and further improved, by making the provisions more effective and efficient, and where possible reducing unnecessary administrative burdens by streamlining or simplification withou, provided that safety and environmental and public health protection are not compromising safetyed. At the same time, the new provisions should be clear, coherent and easy to understand to help improve implementation and enforceability.
Amendment 57 #
Proposal for a directive
Recital 9
Recital 9
(9) Annex I to Directive 96/82/EC lists the dangerous substances falling within its scope, inter alia by reference to certain provisions of 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 as well as Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations. Those Directives have been replaced by Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, which implements within the Union the Globally Harmonised System of Classification and Labelling of Chemicals (GHS) that has been adopted at the international level, within the structure of the United Nations. That Regulation introduces new hazard classes and categories only partially corresponding to those used under the previous arrangements. Certain hazard categories would however not be classified under that system due to absence of criteria within that framework. Annex I to Directive 96/82/EC therefore needs to be amended to align it to that Regulation while maintaining the existing levels, or further increase the level, of protection of that Directive.
Amendment 61 #
Proposal for a directive
Recital 15
Recital 15
(15) In order to provide greater protection for residential areas, areas of substantial public use and the environment, including areas of particular natural interest or sensitivity, it is necessary for land-use or other relevant policies applied in the Member States to take account of the need, in the long term, to keep a suitable distance between such areas and establishments presenting such hazards and, where existing establishments are concerned, to take account of additional technical measures so that the risk to persons or the environment is not increased. Sufficient information about the risks and technical advice on these risks should be taken into account when decisions are taken. Where possible, to reduce administrative burdens, procedures should be integrated with those under other Union legislation.
Amendment 63 #
Proposal for a directive
Recital 16
Recital 16
(16) In order to promote access to information on the environment, in accordance with the Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters, which was approved on behalf of the Union by Council Decision 2005/370/EC of 17 February 2005 on the conclusion, on behalf of the European Community, of the Convention on access to information, public participation in decision-making and access to justice in environmental matters , the level and quality of information to the public should be improved. In particular, persons likely to be affected by a major accident should be given sufficient information to inform them of the correct action to be taken in that event. In addition to providing information in an active way, without the public having to submit a request, and without precluding other forms of dissemination, it should also be made available permanently and kept up to date on the internet. At the same time there should be appropriate confidentiality safeguards, to address security-related concerns, among otherson a case-by-case basis, in line with the criteria and conditions set out under the Aarhus Convention.
Amendment 74 #
Proposal for a directive
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) the transport of dangerous substances and intermediate temporary storage not exceeding 48 hours by road, rail, internal waterways, sea or air, outside the establishments covered by this Directive, including loading and unloading and transport to and from another means of transport at docks, wharves or marshalling yards;
Amendment 76 #
Proposal for a directive
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
Amendment 84 #
Proposal for a directive
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
Amendment 85 #
Proposal for a directive
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
Amendment 106 #
Proposal for a directive
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
11. ‘presence of dangerous substances’ means the actual or anticipated presence of dangerous substances in the establishment, or the presence of dangerous substances which it is believed may be generated during loss of control of an industrial chemical process, or during another severe incident within a storage facility or installation in quantities equal to or in excess of the thresholds set out in Parts 1 and 2 of Annex I.
Amendment 113 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where it is demonstrated, on the basis of the criteria referred to in paragraph 4 of this Articlset out in Annex VII to this Directive, that particular substances or mixtures covered by Parts 1 or 2 of Annex I are under specific conditions incapable of creating a major accident hazard, in particular due to their physical form, properties, classification, concentration or generic packaging, the Commission may list those substances in Part 3 of Annex I by delegated acts in accordance with Article 24and should thus benefit from a derogation, the Commission may adopt delegated acts in accordance with Article 17 and 24 in order to list those substances and mixtures together with the applicable conditions, in Part 3 of Annex I.
Amendment 146 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The operator shall periodically review and where necessary update the MAPP, at least every five years. The updated MAPP shall be sent to the competent authority and made publicly available pursuant to Article 13, without delay.
Amendment 156 #
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) demonstrating that internal emergency plans have been drawn up in close consultation with workers, and supplying information to enable the external emergency plan to be drawn up;
Amendment 158 #
Proposal for a directive
Article 9 – paragraph 3 – point a
Article 9 – paragraph 3 – point a
(a) for new establishments, a reasonable period of time prior to the start of construction or operation;, and at the latest at the time of application for an operating permit pursuant to Article 12 of Directive 2010/75/EU on industrial emissions.
Amendment 161 #
Proposal for a directive
Article 9 – paragraph 5 – subparagraph 3
Article 9 – paragraph 5 – subparagraph 3
The updated safety report shall be sent to the competent authority and made publicly available pursuant to Article 13 of this Directive without delay.
Amendment 164 #
Proposal for a directive
Article 9 – paragraph 7
Article 9 – paragraph 7
7. Member States mayshall require lower-tier establishments to implement the MAPP by means of a safety management system proportionate to the major-accident hazards, and to the complexity of the organization or activities of the establishment.
Amendment 186 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that the information referred to in Annex V is permanently available to the public, including in an electronic format. The information shall be reviewed and where necessary updated at least once a year. Upon request from any natural or legal person, Member States shall ensure that more detailed and additional information going beyond that referred to in Annex V, and in accordance with Article 21 of this Directive, is made available to that person.
Amendment 188 #
Proposal for a directive
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
For upper-tierall establishments, Member States shall also ensure that:
Amendment 189 #
Proposal for a directive
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
For upper-tierall establishments, Member States shall also ensure that:
Amendment 199 #
Proposal for a directive
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Where the Member State concerned has decided that an establishment close to the territory of another Member State is incapable of creating a major-accident hazard beyond its boundary for the purposes of Article 11(6) and is not therefore required to produce an external emergency plan under Article 11(1), it shall so inform the other Member State of that decision and of its reasons for taking that decision.
Amendment 201 #
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Member States shall ensure that the public is able to give its opiniongiven early and effective opportunities to contribute to the decision- making on the following matters and procedures:
Amendment 205 #
Proposal for a directive
Article 14 – paragraph 1 – point d a (new)
Article 14 – paragraph 1 – point d a (new)
(da) safety report pursuant to Article 9
Amendment 222 #
Proposal for a directive
Article 17 – paragraph 2 – subparagraph 1a (new)
Article 17 – paragraph 2 – subparagraph 1a (new)
The Commission shall establish, and regularly convene, a Seveso forum composed of representatives of Member States, representation of the industries concerned, representatives of workers and non-governmental organisations promoting environmental and health protection. That forum shall cooperate with the Commission in activities in support of implementation, application and technical adaptations of this Directive.
Amendment 246 #
Proposal for a directive
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
Member States shall ensure that, members of the public concerned are able to seek a review in accordance with Article 6 of Directive 2003/4/EC of the acts or omissions of a competent authority in relation to any request for information pursuant to Article 13 or Article 21(1) of this Directive. Member States shall ensure that, in accordance with the relevant national legal system, members of the public concerned have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, acts or omissions relating to cases subject to Article 14the provisions of this Directive where:
Amendment 252 #
Proposal for a directive
Article 23– paragraph 1
Article 23– paragraph 1
Without prejudice to Article 4, in order to adapt Annexes part 3 of Annexes I and Annexes II to VII to technical and scientific progress, the Commission shall adopt delegated acts in accordance with Article 24 and Article 17, paragraph 2.
Amendment 261 #
Proposal for a directive
Annex I – Part 1 – Table – Section 'H' – row H3
Annex I – Part 1 – Table – Section 'H' – row H3
H3 STOT SPECIFIC TARGET ORGAN TOXICITY – 50 200 SINGLE EXPOSURE STOT Category 1
Amendment 264 #
Proposal for a directive
Annex I – Part 1 – Table – Section 'H' – row H3 a (new)
Annex I – Part 1 – Table – Section 'H' – row H3 a (new)
H3a STOT SPECIFIC TARGET ORGAN TOXICITY – 50 200 REPEATED EXPOSURE STOT Category 1
Amendment 323 #
Proposal for a directive
Annex V – Part 1 – point 7a (new)
Annex V – Part 1 – point 7a (new)
7a. Adequate information on how the population concerned will be warned and kept informed in the event of a major accident.
Amendment 324 #
Proposal for a directive
Annex V – Part 1 – point 7b (new)
Annex V – Part 1 – point 7b (new)
7b. Adequate information on the actions the population concerned should take, and on the behaviour they should adopt, in the event of a major accident.