Activities of Carl SCHLYTER related to 2010/0377(COD)
Plenary speeches (1)
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 (66)
Amendment 51 #
Proposal for a directive
Recital 3
Recital 3
(3) Directive 96/82/EC has been instrumental in reducing the likelihood and consequences of such accidents thereby leading to better protection levels throughout the Union. A review of the Directive has confirmed that overall the existing provisions are fit for purpose and that no major changes are required. However,the rate of major accidents has remained stable. While overall the existing provisions are fit for purpose, several changes are required in order to further strengthen the level of protection, in particular with regard to the prevention of major accidents. At the same time the system established by Directive 96/82/EC should be adapted to changes to the Union system of classification of dangerous substances to which it refers. In addition, a number of other provisions should be clarified and updated.
Amendment 54 #
Proposal for a directive
Recital 8
Recital 8
(8) Certain industrial activities should be excluded from the scope of this Directive due to their specific characteristics. These activities, provided they are subject to other legislation at Union or national level providing an equivalent level of safety. The Commission should however continue to ensure that there are no significant gaps in the existing regulatory framework, in particular as regards new and emerging risks from other activities as well as from specific dangerous substances that do not yet fall within the scope of this Directive, and take appropriate action where necessary.
Amendment 56 #
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 substances6 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 preparations7 . 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 mixtures8 , 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. At the same time, it lacks certain important hazard classes, as they are not part of the Globally Harmonised System of Classification and Labelling of Chemicals. Annex I to Directive 96/82/EC therefore needs to be amended to align it to that Regulation while maintainingand to address gaps in that Regulation to maintain and further increase the existing levels of protection of that Directive.
Amendment 59 #
Proposal for a directive
Recital 10
Recital 10
(10) Flexibility is needed in order to be able to amend Annex I to deal with any unwanted effects from the alignment to Regulation (EC) No 1272/2008 and subsequent adaptations to that Regulation having an impact on the classification of dangerous substances. On the basis of harmonised criteria to be developed, derogations could be granted where notwithstanding their hazard classification, substances do not present a major accident hazard. There should also be a corresponding correction mechanism to deal with substances that need to be included within the scope of this Directive because of their major accident hazard potential. Or. en (Amendment of the recital corresponding to amendments 10 and 48 of the rapporteur.)
Amendment 60 #
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 suitablensure that an adequate distance between such areas and establishments presenting such hazards is maintained and, where existing establishments are concerned, to take account ofimplement additional technical measures so that the risk to persons is not indecreased to an acceptable level. 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 65 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) In order to provide for incentives to prevent major accidents which involve dangerous substances and to cover the costs for competent authorities arising from the implementation of this Directive, Member States should set up a fund. The fund should be financed by the operators and be proportionate to the quantities of dangerous substances present at the establishment.
Amendment 68 #
Proposal for a directive
Recital 23
Recital 23
(23) The Commission should be emIn order to adapt this Directive to technical and scientific progress, the powered to adopt delegated acts in accordance with Article 290 of the Treaty in respect of the adoption of criteria for derogations and amendments to the Annexes of this Directiveon the Functioning of the European Union should be delegated to the Commission in respect of amendments to part 3 of Annex I, and the Annexes II, III, IV and VI of this Directive. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 73 #
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, unless occurring on a regular basis or for periods exceeding 24 hours on working days or 72 hours when including a weekend, 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 79 #
Proposal for a directive
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
(d) the transport of dangerous substances in pipelines, including pumping stations, outside establishments covered by this Directive, where the annual throughput of dangerous substances is below the quantities listed in Parts 1 or 2 of Annex I;
Amendment 82 #
Proposal for a directive
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
(e) the exploitation (exploration, extraction and processing) of minerals, including hydrocarbons, in mines, quarries, or by means of boreholes, with the exception of underground gas storage in natural strata and disused mines and of chemical and thermal processing operations, including hydraulic fracturing of hydrocarbons, and storage related to those operations which involve dangerous substances, as defined in Annex I;
Amendment 86 #
Proposal for a directive
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
Amendment 90 #
Proposal for a directive
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
2. ‘lower-tier establishment’ means an establishment where dangerous substances are present in quantities equal to or in excess of the quantities listed in column 2 of Part 1 of Annex I andor column 2 of Part 2 of Annex I, where relevant, but less than the quantities listed in column 3 of Part 1 of Annex I, and column 3 of Part 2 of Annex I;
Amendment 91 #
Proposal for a directive
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
3. ‘upper-tier establishment’ means an establishment where dangerous substances are present in quantities equal to or in excess of the quantities listed in column 3 of Part 1 of Annex I, and or column 3 of Part 2 of Annex I, where relevant;
Amendment 95 #
Proposal for a directive
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
4. ‘new establishment’ means an establishment that is newly constructed or has yet to enter into operationafter 1 June 2015 or will enter into operation after 1 June 2017, or that due to modifications to its installations, activities or to its inventory of dangerous substances after 1 June 2015 falls within the scope of this Directive;
Amendment 98 #
Proposal for a directive
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
7. ‘installation’ means a technical unit within an establishment in which dangerous substances are produced, used, handled or stored, including underground, and includes all the equipment, structures, pipework, machinery, tools, private railway sidings, docks, unloading quays serving the installation, jetties, warehouses or similar structures, floating or otherwise, necessary for the operation of the installation;
Amendment 99 #
Proposal for a directive
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
8. ‘operator’ means any natural or legal person who operates or controls an establishment or installation or, where this is provided for by national legislation, to whom decisive economic power over the technical functioning of the establishment or installation has been delegated;
Amendment 105 #
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 any industrial chemical processstallation within the establishment, in quantities equal to or in excess of the thresholds set out in Parts 1 and 2 of Annex I.
Amendment 116 #
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
The Commission shall informconsult the forum referred to in Article 17(2) of such notifications. (Linked to the amendment to Article 17(2) that seeks to include stakeholders into the forum)prior to listing substances in Part 3 of Annex I and about notifications made pursuant to the first subparagraph of this paragraph. Or. en
Amendment 117 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 121 #
Proposal for a directive
Article 4 – paragraph 5 – subparagraph 1
Article 4 – paragraph 5 – subparagraph 1
Where a Member State considers that a dangerous substance not listed in Parts 1 or 2 of Annex I, presents a major-accident hazard, or that a threshold is too high, it may take appropriate measures and shall notify the Commission.
Amendment 122 #
Proposal for a directive
Article 4 – paragraph 5 – subparagraph 2
Article 4 – paragraph 5 – subparagraph 2
The Commission shall informconsult the forum referred to in Article 17(2) of notifications made pursuant to the first subparagraph of this paragraph.
Amendment 123 #
Proposal for a directive
Article 4 – paragraph 5 – subparagraph 3 a (new)
Article 4 – paragraph 5 – subparagraph 3 a (new)
Where appropriate, the Commission may adopt delegated acts in accordance with Article 24 in order to lower the threshold of the substances referred to in the first subparagraph of this paragraph in Part 1 or Part 2 of Annex I.
Amendment 124 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that the operator is obliged to take all measures necessary to prevent major accidents and to limit their consequences for human health and the environment. This shall include the obligation to perform independent safety studies at least every two years.
Amendment 125 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Member States shall ensure that the establishment operates according to best available techniques, in particular in relation to safety aspects, pursuant to Directive 2010/75/EU of the European Parliament and of the Council of 14 November 2010 on industrial emissions (integrated pollution prevention and control)1, without any derogations. _____________ 1 OJ L 334, 17.12.2010, p. 17.
Amendment 129 #
Proposal for a directive
Article 6 – paragraph 1 – point g
Article 6 – paragraph 1 – point g
(g) the immediate environment of the establishment, elements liable to cause a major accident or to aggravate the consequences thereof, including details of neighbouring establishments, whether or not those are covered by this Directivere available to the operator, as well as other sites, areas and developments that could be the source of, or increase, the risk or consequences of a major accident and of domino effects.
Amendment 138 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall require the operator to draw up a document setting out the major-accident prevention policy (hereinafter: ‘"MAPP’") and to ensure that it is properly implemented. The MAPP shall be established in writing. It shall be designed to guarantee a high level of protection for human health and the environment. It shall be proportionate to the major-accident hazards. It shall include the operator's overall aims and principles of action, timetable and measures for the attainment of these objectives, periodic assessment of progress made towards achieving these objectives, the role and responsibility of management and shall address safety culture with respect to the control and the commitment towards continuously improving the prevention of major- accident hazards. It shall be implemented by appropriate means, structures and management systems and shall include the safety management system for implementing it in accordance with Annex III.
Amendment 148 #
Proposal for a directive
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. The MAPP shall be implemented by appropriate means, structures and management systems. For upper-tier establishments, it shall be implemented by safety management systems in accordance with Annex III. Member States shall 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 organisation or activities of the establishment.
Amendment 151 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that the competent authority, using the information received from the operators in compliance with Articles 6 and, Article 8(1a) and Article 9 or through inspections pursuant to Article 19, identifies all lower-tier and upper-tier 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 the proximity of such establishments, and their inventories of dangerous substances, or the proximity of other sites.
Amendment 155 #
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) demonstrating that major-accident hazards and possibleall major-accident scenarios have been identified and that the necessary measures have been taken to prevent such accidents and to limit their consequences for human health and the environment;
Amendment 157 #
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 172 #
Proposal for a directive
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
Member States shall ensure that the objectives of preventing major accidents and limiting the consequences of such accidents for human health and the environment are taken into accountimplemented in their land- use policies or other relevant policies. They shall pursue those objectives through controls on:
Amendment 173 #
Proposal for a directive
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) new developments including transport links, locations frequented by the public and residential areas in the vicinity of existing establishments, where the siting or developments may be the source of or increase the risk or consequences of a major accident.
Amendment 174 #
Proposal for a directive
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
Member States shall ensure by 1 June 2018 that their land- use or other relevant policies and the procedures for implementing those policies take account of the need, in the long termdeliver the following:
Amendment 187 #
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 as a minimum:
Amendment 191 #
Proposal for a directive
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
b) the safety report is made available to the public upon request subject to Article 21(3); where Article 21(3) applies, an amended report in the form of a non- technical summary, which shall include at least general information on major- accident hazards, potential effects and the requisite behaviour in the event of an accident, shall be made available; (Linked to the amendment by the same authors inserting a non-technical summary of theOr. en safety report to Part 1 of Annex V (needs to be voted together).)
Amendment 194 #
Proposal for a directive
Article 13 – paragraph 2 – point c
Article 13 – paragraph 2 – point c
c) the inventory of dangerous substances is made available to the public concerned upon request subject to Article 21(3).
Amendment 195 #
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
The information to be supplied under point (a) of this paragraph shall include at least the information referred to in Annex V. That information shall likewise be supplied to all establishmentntities serving the public, including schools and hospitals, and to all neighbouring establishments in the case of establishmentor sites covered by Article 8. Member States shall ensure that the information is supplied and that it is periodically reviewed and updated at least every five years.
Amendment 196 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 202 #
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 opinion ogiven early and effective opportunities to participate in the following matters and procedures:
Amendment 216 #
Proposal for a directive
Article 15 – title
Article 15 – title
Information to be supplied by the operator and actions to be taken following a major accident
Amendment 218 #
Proposal for a directive
Article 17 – title
Article 17 – title
Competent authority and forum Or. en (Linked to the amendment to Article 17(2) by the same authors.)
Amendment 221 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The Commission shall regularly convene a forum composed of representatives of the competent authorities of the Member States. The competent authorities and the Commission shall cooperate in activities in support of implemen, representatives of industry, workers and non-governmental organisations promoting the protection of human health and/or the environment in support of the application, implementation and technical adaptation of this Directive.
Amendment 224 #
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
Member States shall prohibit the use or bringing into use of any establishment, installation or storage facility, or any part thereof where the measures taken by the operator for the prevention and mitigation of major accidents are seriously deficientclearly deficient, including where the operator has not taken the necessary actions identified in the inspection report and within the deadline set pursuant to Art 19(7).
Amendment 225 #
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 2
Article 18 – paragraph 1 – subparagraph 2
Member States mayshall prohibit the use or bringing into use of any establishment, installation or storage facility, or any part thereof if the operator has not submitted the notification, reports or other information required by this Directive within the specified period.
Amendment 230 #
Proposal for a directive
Article 19 – paragraph 4 – subparagraph 2
Article 19 – paragraph 4 – subparagraph 2
The period between two site visits shall be based on a systematic appraisal of the major-accident hazards of the establishments concerned and shall not exceed one year for upper-tier establishments and threewo years for lower- tier establishments. If an inspection has identified an important case of non- compliance with this Directive, an additional site visit shall be carried out within six months.
Amendment 232 #
Proposal for a directive
Article 19 – paragraph 6
Article 19 – paragraph 6
6. Non-routine inspections shall be carried out once a year for upper-tier establishments and once every two years for lower-tier establishments, and to investigate serious complaints, serious accidents and near-misses, incidents and occurrences of non- compliance as soon as possible.
Amendment 241 #
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1
Article 21 – paragraph 3 – subparagraph 1
Amendment 244 #
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 2
Article 21 – paragraph 3 – subparagraph 2
The competent authority may also decide for the same reasons that certain parts of the report or inventory shall not be disclosed. In such cases, and on approval of the competent authority, the operator shall supply to the authority, and make available to the public, an amended report or inventory excluding those parts.
Amendment 255 #
Proposal for a directive
Article 27 a (new)
Article 27 a (new)
Article 27 a Review By [*], the Commission shall review whether further substances meeting the criteria for classification as carcinogenic, mutagenic or toxic to reproduction category 1A or 1B pursuant to Regulation (EC) No 1272/2008 and mixtures containing such substances shall be added to Annex I, and if necessary, make a legislative proposal to the European Parliament and to the Council, accordingly. By [*], the Commission shall review whether certain nanomaterials shall be added to Annex I, and if necessary, make a legislative proposal to the European Parliament and to the Council, accordingly.
Amendment 256 #
Proposal for a directive
Article 27 a (new)
Article 27 a (new)
Article 27 a Fund 1. Each Member State shall establish by [*] a fund to provide for the prevention of major accidents involving dangerous substances, and to cover costs of competent authorities arising from the implementation of this Directive. 2. The contributions to the national fund should be borne by the operators, and be proportional to the quantities of dangerous substances present at the establishment. It shall take account of the work required by the competent authorities in relation to this Directive and shall ensure that the revenue derived is sufficient to cover the cost of the services delivered. The exact amount shall be specified in a Commission Regulation adopted in accordance with the procedure referred to in Article 24. * OJ: please insert 3 years after entry into force of this Directive.
Amendment 263 #
Proposal for a directive
Annex I – Part 1 – Table – Section 'H' – row H3a (new)
Annex I – Part 1 – Table – Section 'H' – row H3a (new)
H3a Substances or mixtures that are corrosive to the skin or irritating to the skin corrosion, Category 20000 20000 1 with hazard statement EUH314
Amendment 275 #
Proposal for a directive
Annex I – Part 1 – Table – Section 'O'– row O3a (new)
Annex I – Part 1 – Table – Section 'O'– row O3a (new)
O3a Substances meeting the criteria for classification as persistent, bioaccumulative and toxic in accordance with the criteria set out in 0,5 2 Annex XIII of Regulation (EC) No 1907/2007 [*] *OJ L 396, 30.12.2006, p. 1
Amendment 276 #
Proposal for a directive
Annex I – Part 1 – Table – Section 'O'– row O3b (new)
Annex I – Part 1 – Table – Section 'O'– row O3b (new)
O3b Substances meeting the criteria for classification as very persistent or very bioaccumulative in accordance with the criteria set out in 0,5 2 Annex XIII of Regulation (EC) No 1907/2007 [*] *OJ L 396, 30.12.2006, p. 1
Amendment 278 #
Proposal for a directive
Annex I – Part 2 – Table – row 32 – Column 3
Annex I – Part 2 – Table – row 32 – Column 3
Polychlorodibenzofurans and 0,000000001 (=1mg) polychlorodibenzodioxins (including 0,001 TCDD), calculated in TCDD equivalent (note 19) in combination with TCDD), calculated in TCDD equivalent a concentration (note 19) threshold of 1ppb
Amendment 280 #
Proposal for a directive
Annex I – Part 2 – Table – row 37 a (new)
Annex I – Part 2 – Table – row 37 a (new)
Carbon dioxide 124-38-9 20 1000
Amendment 291 #
Proposal for a directive
Notes to Annex I – paragraph 3 - subparagraph 2
Notes to Annex I – paragraph 3 - subparagraph 2
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 21 % 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.
Amendment 302 #
Proposal for a directive
Annex II – paragraph 2 – point c
Annex II – paragraph 2 – point c
(c) identification of neighbouring establishments, as well as other sites, areas and developments that could be the source of, or increase the risk or consequences of a major accident and of domino effects;
Amendment 303 #
Proposal for a directive
Annex II – paragraph 3 – point b
Annex II – paragraph 3 – point b
(b) description of processes, in particular the operating methods according to Best Available Techniques pursuant to Directive 2010/75/EU on industrial emissions;
Amendment 305 #
Proposal for a directive
Annex II – paragraph 4 – point a – subpoint ii
Annex II – paragraph 4 – point a – subpoint ii
(ii) external risks and hazard sources, from domino effects and from other sites, areas and developments that could be the source of, or increase the risk or consequences of a major accident;
Amendment 311 #
Proposal for a directive
Annex V – Part 1 – point 5 a (new)
Annex V – Part 1 – point 5 a (new)
5a. Non-technical summaries of the safety report
Amendment 312 #
Proposal for a directive
Annex V – Part 1 – point 5 b (new)
Annex V – Part 1 – point 5 b (new)
Amendment 313 #
Proposal for a directive
Annex V – Part 1 – point 5 c (new)
Annex V – Part 1 – point 5 c (new)
Amendment 314 #
Proposal for a directive
Annex V – Part 1 – point 5 d (new)
Annex V – Part 1 – point 5 d (new)
Amendment 320 #
Proposal for a directive
Annex V – Part 2 – point 2
Annex V – Part 2 – point 2
Amendment 321 #
Proposal for a directive
Annex V – Part 2 – point 3
Annex V – Part 2 – point 3
Amendment 322 #
Proposal for a directive
Annex V – Part 1 – point 5
Annex V – Part 1 – point 5