34 Amendments of Gaston FRANCO related to 2010/0377(COD)
Amendment 35 #
Proposal for a directive
Annex 1 – Part 2 – Table – row at the end (new)
Annex 1 – Part 2 – Table – row at the end (new)
Colu CAS Colu Colu mn 1 num mn 2 mn 3 ber ber Esse 1000 5000 ntial oils and simil ar subst ance s (Not e 19a)
Amendment 38 #
Proposal for a directive
Annex 1 – Notes to Annex I - point 19 a (new)
Annex 1 – Notes to Annex I - point 19 a (new)
19a. Essential oils and similar substances (1000/5000): This applies to essential oils and similar substances as defined by the ISO 9235 standard, with the exception of those in acute toxicity category 1 – all exposure routes, category 2 – all exposure routes and category 3 – dermal and inhalation routes (see Note 7), and specific target organ toxicity (STOT) – single exposure, category 1.
Amendment 40 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) Each adaptation of Regulation (EC) No 1272/2008 to technical progress should be followed by an assessment of the need to adapt Annex I to this Directive. This would establish a functional link between the two pieces of legislation and ensure that a high level of protection for human health and the environment is maintained.
Amendment 47 #
Proposal for a directive
Article 3 – point 4
Article 3 – point 4
4. ‘new establishment’ means an establishment that is newly constructed or has yet to enter into operation;
Amendment 48 #
Proposal for a directive
Article 3 – point 7
Article 3 – point 7
Amendment 65 #
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, and the role and responsibility of management and shall address safety culture with respect to the control of major-accident hazards.
Amendment 66 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22 a) There needs to be a systematic evaluation of the need to adapt the annex to this Directive listing dangerous substances, following the adaptations to the technical progress of Regulation (EC) No 1272/2008. This would enable a functional link to be ensured between the Regulation and this Directive and would also provide for increased protection of human health and the environment.
Amendment 73 #
Proposal for a directive
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
Amendment 76 #
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1
Article 11 – paragraph 5 – subparagraph 1
5. Member States shall ensure that internal and external emergency plans are reviewed, tested, and where necessary revised and updated by the operators and designated authorities respectively and tested at suitable intervals of no longer than three years. TWhe review shall take into account changes occurring in the establishments concerned or within the emergency services concerned, new technical knowledge, and knowledge concerning the response to major accidentsre necessary, these plans shall be revised and updated by the operators and designated authorities respectively.
Amendment 89 #
Proposal for a directive
Article 19 – paragraph 5 – subparagraph 1 – point c
Article 19 – paragraph 5 – subparagraph 1 – point c
(c) participation of the operator in the Union eco-management and audit scheme (EMAS), pursuant to Regulation (EC) No 1221/2009 of the European Parliament and of the Council, or in an equivalent recognised environmental management scheme.
Amendment 93 #
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 operation ;
Amendment 96 #
Proposal for a directive
Annex I – Part 1 – Section P – box 1
Annex I – Part 1 – Section P – box 1
P1a EXPLOSIVES (see note 8) - Unstable explosives or - Explosives, Division 1.1, 1.2, 1.3, 1.5 or 1.6, or - SFor substances orand mixtures having explosive properties 10 50that have not been classified as Class 1 under the UN recommendations on the transport of dangerous goods as set out in the UN Manual of Tests and 10 50 Criteria: substances or mixtures having explosive properties according to method A.14 of Regulation (EC) No 440/2008 (see note 9) and which do not belong to the hazard classes Oxidising agents, Organic peroxides or Self-reactive substances and mixtures
Amendment 97 #
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 97 #
Proposal for a directive
Annex I – Part 1 – Section E - boxes 1 and 2
Annex I – Part 1 – Section E - boxes 1 and 2
Section ‘E’ – ENVIRONMENTAL HAZARDS E1 Hazardous to the Aquatic Environment in Category Acute 1 or 100 200 Acute 1 or Chronic 1 (substances with M≥10) E2 Hazardous to the Aquatic Environment in Category 1500 200 Chronic 1 1000 Acute 1 and Chronic 1 (substances with M=1 and mixture) E23 Hazardous to the Aquatic Environment in Category 21000 2500 Chronic 2
Amendment 98 #
Proposal for a directive
Annex I – Part 2 – box 37 a (new)
Annex I – Part 2 – box 37 a (new)
Sodium hypochlorite, solution …% Cl 7681-52-9 200 500 active
Amendment 99 #
Proposal for a directive
Annex I – Part 2 – box 37 b (new)
Annex I – Part 2 – box 37 b (new)
Essential oils and similar substances (see 1000 5000 note 19a)
Amendment 101 #
Proposal for a directive
Annex I – Notes to Annex 1 – point 19 a (new)
Annex I – Notes to Annex 1 – point 19 a (new)
19a. Essential oils and similar substances (1000/5000) This applies to essential oils and similar substances as defined by the ISO 9235 standard, with the exception of those in acute toxicity category 1 – all exposure routes, category 2 – all exposure routes and category 3 – dermal and inhalation routes (see Note 7), and specific target organ toxicity (STOT) – single exposure, category 1.
Amendment 106 #
Proposal for a directive
Annex III – point b – point v
Annex III – point b – point v
(v) safety culture — measures to assess and improve safety culture; control of the risks posed by ageing equipment: inventory of the establishment’s equipment; description of the initial state of the equipment on 1 June 2015 or on the date on which it is brought into use, if later; presentation of the strategy in place for checking the state of the equipment (stating the arrangements for doing this, how often it is done, the methods used, etc.) and establishing the action to be taken in response to these checks (methodology for evaluating the results, criteria for establishing when corrective action needs to be taken with a view to repairs, replacements, etc.). Evidence relating to these aspects of the strategy shall be provided in line with the ways in which the equipment could deteriorate. Presentation of a methodology for monitoring the results of the checks and the action taken in response to them; methodology relating to any steps taken in the light of those results;
Amendment 109 #
Proposal for a directive
Annex V – Part 1 – point 6
Annex V – Part 1 – point 6
Amendment 111 #
Proposal for a directive
Annex V – Part 2 – point 1
Annex V – Part 2 – point 1
Amendment 113 #
Proposal for a directive
Annex VII – paragraph 1 (new)
Annex VII – paragraph 1 (new)
Any substance or mixture that is toxic or highly toxic to aquatic organisms stored in a unit (e.g. a drum) that is less than or equal to 0.2% of the tonnage indicated in column 2 of part 1 of Annex I (i.e. 400 kg and 200 kg respectively for substances and mixtures that are toxic/highly toxic to aquatic organisms) shall be ignored for the purposes of calculating the total quantity present if its location within an establishment is such that an accidental spillage cannot cause a major accident elsewhere on the site via a domino effect and where they are stored in a single sealed-off area.
Amendment 139 #
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, the role and responsibility of management and shall address safety culture with respect to the control of major-accident hazards.
Amendment 167 #
Proposal for a directive
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
(c) the authorities designated for that purpose by the Member State draw up an external emergency plan for the measures to be taken outside the establishment within onetwo years following receipt of the information from the operator pursuant to point (b).
Amendment 171 #
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1
Article 11 – paragraph 5 – subparagraph 1
Member States shall ensure that internal and external emergency plans are reviewed, tested, and where necessary revised and updated by the operators and designated authorities respectively and tested at suitable intervals of no longer than three years. TWhe review shall take into account changes occurring in the establishments concerned or within the emergency services concerned, new technical knowledge, and knowledge concerning the response to major accident necessary the plans shall be revised and updated by the operators and designated authorities.
Amendment 231 #
Proposal for a directive
Article 19 – paragraph 5 – subparagraph 1 – point c
Article 19 – paragraph 5 – subparagraph 1 – point c
(c) participation of the operator in the Union eco-management and audit scheme (EMAS), pursuant to Regulation (EC) No 1221/2009 of the European Parliament and of the Council15 or in a recognised equivalent environmental management system.
Amendment 267 #
Proposal for a directive
Annex I – Part 1 – Table – Section 'P'– row P1a – Column 1
Annex I – Part 1 – Table – Section 'P'– row P1a – Column 1
P1a EXPLOSIVES (see note 8) - Unstable explosives or - Explosives, Division 1.1, 1.2, 1.3, 1.5 or 1.6, or - SFor substances and mixtures that have not been subject to classification in accordance with recommendations on the transport of dangerous goods, UN Manuel of Tests and Criteria (Class 1 Transport): substances or mixtures having explosive properties according to method A.14 of Regulation (EC) No 440/2008 (see note 9) and do not belong to the hazard classes Oxidizers, Organic peroxides or Self- reactive substances and mixtures
Amendment 273 #
Proposal for a directive
Annex I – Part 1 – Table – Section 'E'
Annex I – Part 1 – Table – Section 'E'
Section ‘E’ – ENVIRONMENTAL HAZARDS E1 Hazardous to the Aquatic Environment in Category 100 200 Acute 1 or Chronic 1 (substances with M ≥ 10) E2 Hazardous to the Aquatic Environment in Category 2500 1000 Acute 1 and Chronic 1 (substances with M = 1 and mixture) E2a Hazardous to the Aquatic Environment in Category 1000 2500 Chronic 2
Amendment 282 #
Proposal for a directive
Annex I – Part 2 – Table – row 37 a (new)
Annex I – Part 2 – Table – row 37 a (new)
Sodium hypochlorite, solution …% Cl active 7681-52-9 200 500
Amendment 287 #
Proposal for a directive
Annex I – Part 2 – Table – row 37 a (new)
Annex I – Part 2 – Table – row 37 a (new)
Essential oils and similar substances (note 19a) 1000 5000
Amendment 298 #
Proposal for a directive
Notes to Annex I – paragraph 19 a (new)
Notes to Annex I – paragraph 19 a (new)
19a. Essential oils and similar substances (1000/5000) This applies to essential oils and similar substances as defined by ISO 9235 standard with the exception of those falling within the hazard classes acute toxicity, category 1, all exposure routes, category 2, all exposure routes and category 3 exposure by dermal and inhalation routes (see note 7), as well as those falling within the hazard class STOT specific target organ toxicity - single Exposure, category 1.
Amendment 308 #
Proposal for a directive
Annex III – paragraph 1 – point b – subpoint v
Annex III – paragraph 1 – point b – subpoint v
(v) safety culture: measures to assess and improve safety culturecontrol of hazards linked to ageing of equipment: identification of the establishment’s equipment; description of the equipment’s condition on 1 June 2015 or on the day of its commissioning where this is a later date; presentation of a strategy implemented to inspect the condition of equipment (arrangements, frequency, methods, etc.) and to determine the follow-up to these inspections (methodology for analysing results, criteria triggering corrective repair or replacement actions, etc.); justification for these aspects of the strategy shall be based on conceivable forms of degradation; on the presentation of a methodology to monitor the results of the inspections and the follow-up to these inspections, and a methodology for any interventions carried out in the light of these results;
Amendment 315 #
Proposal for a directive
Annex V – Part 1 – point 6
Annex V – Part 1 – point 6
Amendment 318 #
Proposal for a directive
Annex V – Part 2 – point 1
Annex V – Part 2 – point 1
Amendment 331 #
Proposal for a directive
Annex VII
Annex VII
CRITERIA FOR DEROGATIONS PURSUANT TO ARTICLE 4 Any substance or mixture that is toxic or very toxic for aquatic organisms, packaged in a storage unit (drum, etc.) equal to or less than 0.2 % of the tonnage given in Annex I, Part 1, Column 2 (i.e. 400 kg and 200 kg respectively for substances or mixtures toxic/very toxic for aquatic organisms) shall not be recorded in the total quantity present if the location in the interior of the establishment where they are stored is such that an accidental discharge of said substances or mixtures is not able to trigger a major accident elsewhere on the site via a domino effect, and provided that the storage location is in a sealed and collected holding area.