8.7.98 Official Journal of the European Communities L 192/19 COMMISSION DECISION of 26 June 1998 on harmonised criteria for dispensations according to Article 9 of Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances (notified under document number C(1998) 1758) (Text with EEA relevance) (98/433/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances ('), and in particular Article 9 thereof, Whereas Article 9 of Directive 96/82/EC establishes that Member States shall require the operators of certain estab- lishments to produce safety reports; Whereas Article 9(6)(a) of Directive 96/82/EC establishes that where it is demonstrated to the satisfaction of the competent authority that particular substances present at the establishment, or any part thereof, are in a state incap- able of creating a major-accident hazard, then the Member State may, in accordance with the criteria referred to in subparagraph (b), limit the information required in safety reports to those matters which are rele- vant to the prevention of residual major-accident hazards and the limitation of their consequences for man and the environment; Whereas these criteria do not affect the determination of the qualifying quantities of dangerous substances for the application of Article 9 of Directive 96/82/EC; Whereas Article 9(6)(b) of Directive 96/82/EC establishes that before the Directive is brought into application, the Commission, acting in accordance with the procedure laid down in Article 16 of Council Directive 82/501/EEC () OJ L 10, 14. 1. 1997. of 24 June 1982 on the major-accident hazards of certain industrial activities (¥, shall establish harmonised criteria for the decision by the competent authority that an estab- lishment is in a state incapable of creating a major-acci- dent hazard within the meaning of subparagraph (a); Whereas the measures provided for in this Decision are in accordance with the opinion of the committee set up pursuant to Article 16 of Directive 82/501/EEC, HAS ADOPTED THIS DECISION: Article 1 For the purposes of Article 9(6) of Directive 96/82/EC on the control of major-accident hazards involving dangerous substances the Commission hereby adopts the harmo- nised criteria given in the Annexe to this Decision. Article 2 This Decision is addressed to the Member States. Done at Brussels, 26 June 1998. For the Commission Ritt BJERREGAARD Member of the Commission (3 OJ L 230, 5. 8. 1982. Directive as amended by Directive 87/ 216/EEC (O] L 85, 28. 3. 1987, p. 36), Directive 88/610/EEC (OJ L 336, 7. 12. 1988, p. 14) and Directive 91/692/EEC (O] L 377, 31. 12. 1991, p. 48).