31.12.2003 Official Journal of the European Union L 345/97 DIRECTIVE 2003/ 105/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 December 2003 amending Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Com- munity, and in particular Article 175(1) thereof, Having regard to the proposal from the Commission (!), Having regard to the opinion of the European Economic and Social Committee (), After consulting the Committee of the Regions, Acting in accordance with the procedure laid down in Article 251 of the Treaty in the light of the joint text approved by the Conciliation Committee on 22 October 2003 (%), Whereas: (1)  Directive 96/82/EC (*) aims at the prevention of major accidents which involve dangerous substances and the limitation of their consequences for man and the envir- onment, with a view to ensuring high levels of protec- tion throughout the Community in a consistent and effective manner. 2)  In the light of recent industrial accidents and studies on carcinogens and substances dangerous for the environ- ment carried out by the Commission at the Council's request, the scope of Directive 96/82/EC should be extended. (3)  The cyanide spill that polluted the Danube following the accident at Baia Mare in Romania in January 2000 has demonstrated that certain storage and processing activ- ities in mining, especially tailings disposal facilities, including tailing ponds or dams, have potential to produce very serious consequences. The Commission communications on the safe operation of mining activ- ities and on the sixth environment action programme of the European Community have therefore highlighted the need for an extension of the scope of Directive 96/82/ EC. In its resolution of 5 July 2001 () on the Commis- sion Communication on the safe operation of mining activities, the European Parliament also welcomed the extension of the scope of that Directive to cover risks arising from storage and processing activities in mining. (") OJ C 75 E, 26.3.2002, p. 357 and O] C 20 E, 28.1.2003, p. 255. () O] C 149, 21.6.2002, p. 13. (*) Opinion of the European Parliament of 3 July 2002 (O] C 271 E, 12.11.2003, p. 315), Council common position of 20 February 2003 (O] C 102 E, 29.4.2003, p. 1) and position of the European Parliament of 19 June 2003 (not yet published in the Official Journal). Legislative resolution of the European Parliament of 19 November 2003 (not yet published in the Official Journal) and deci- sion of the Council of 1 December 2003. () OJ L 10, 14.1.1997, p. 13. () O] C 65 E, 14.3.2002, p. 382. (4) (10) The proposal for a directive on the management of waste from the extractive industries may be a relevant framework for measures relating to those waste manage- ment facilities which present an accident risk but which are not covered by the present Directive. The ‘fireworks accident’ at Enschede in the Netherlands in May 2000 has demonstrated the major accident potential arising from storage and manufacture of pyro- technic and explosive substances. The definition of such substances in Directive 96/82/EC should therefore be clarified and simplified. The explosion at a fertiliser plant in Toulouse in September 2001 has raised awareness of the accident potential arising from the storage of ammonium nitrate and ammonium nitrate-based fertilisers, in particular of material rejected during the manufacturing process or returned to the manufacturer (off-specs). The existing categories of ammonium nitrate and ammonium nitrate- based fertilisers in Directive 96/82/EC should therefore be reviewed with a view to include ‘off-specs’ material. Directive 96/82/EC should not be applied to sites of end-users where ammonium nitrate and ammonium nitrate-based fertilisers, which on delivery conformed to the specification in that Directive but subsequently have become degraded or contaminated, are temporarily present prior to removal for reprocessing or destruction. Studies carried out by the Commission in close coopera- tion with the Member States support extending the list of carcinogens with appropriate qualifying quantities and significantly lowering the qualifying quantities assigned to substances dangerous for the environment in Directive 96/82/EC. For establishments which subsequently fall within the scope of Directive 96/82/EC, it has been shown neces- sary to introduce minimum periods for notifications and the establishment of major accident prevention policies, safety reports and emergency plans. The experience and knowledge of relevant staff in the establishment can greatly assist in the drawing up of emergency plans, and all staff in an establishment and persons likely to be affected should be appropriately informed on safety measures and actions.