98/433/EC: 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)
8. 7. 98 EN 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 substances (1), and in particular involving dangerous 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 in accordance with the criteria Member State may, the information referred to in subparagraph (b), 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; limit 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 of 24 June 1982 on the major-accident hazards of certain industrial activities (2), 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 (1) OJ L 10, 14. 1. 1997. (2) OJ L 230, 5. 8. 1982. Directive as amended by Directive 87/ 216/EEC (OJ L 85, 28. 3. 1987, p. 36), Directive 88/610/EEC (OJ L 336, 7. 12. 1988, p. 14) and Directive 91/692/EEC (OJ L 377, 31. 12. 1991, p. 48). L 192/20 EN Official Journal of the European Communities 8. 7. 98 ANNEX Harmonised criteria for dispensations according to Article 9 of Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances A dispensation according to Article 9(6) may be granted if at least one of the following generic criteria is fulfilled: 1. Physical form of substance Substances in solid form, such that, under both normal conditions and any abnormal conditions which can reasonably be foreseen, a release, of matter or of energy, which could create a major-accident hazard, is not possible. 2. Containment and quantities Substances packaged or contained in such a fashion and in such quantities that the maximum release possible under any circumstances cannot create a major-accident hazard. 3. Location and quantities Substances present in such quantities and at such distances from other dangerous substances (at the establishment or elsewhere) that they can neither create a major-accident hazard by themselves nor initiate a major accident involving other dangerous substances. 4. Classification Substances which are defined as dangerous substances by virtue of their generic classification in Annex I, Part 2 to Directive 96/82/EC, but which cannot create a major-accident hazard, and for which therefore the generic classification is inappropriate for this purpose