The EP Environment Committee voted its report to the Plenary on 22 May 2003.

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1 Conseil UE COUNCIL OF THE EUROPEAN UNION Brussels, 22 May /03 Interinstitutional File: 2001/0257(COD) LIMITE PUBLIC ENV 286 IND 79 CODEC 689 WORKING DOCUMENT from : General Secretariat to : Delegations No. prev. doc. : 9176/03 ENV 267 IND 70 CODEC 620 No. Cion props : 15275/01 ENV 661 IND 48 CODEC COM(2001) 624 final 12530/02 ENV 525 IND 67 CODEC COM(2002) 540 final Subject : Amended proposal for a Directive of the European Parliament and of the Council amending Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances - Report for an Opinion at 2nd reading approved by the Environment Committee of the EP on 22 May 2003 On 9 April and 19 May 2003, the Environment Working Party examined the draft EP report at 2nd reading established by Mr LISI as well as the amendments to that draft report. The EP Environment Committee voted its report to the Plenary on 22 May Delegations will find attached, with a view to a forthcoming meeting of the Working Party on the Environment, a table comparing the EP Environment Committee report at 2nd reading, with the Council's common position and motivation 1 and the Commission comments thereon Docs 14054/1/02 REV 1 + REV 1 ADD 1 Doc. 7158/ /03 LV/cs 1 DG I EN

2 The amendments proposed to the Common Position are the following: No. proposed by Article Subject 1 Lisi 4/e Mining 7 Sjostedt a.o. 4/g Land-fills 8 Ferreira 6/2/ga Training 9 Ferreira 6/4 Notification of modifications 10 Ries 9/c/ca Harmonisation of methods for reporting 11 Isler-Béguin a.o. 12/1a Harmonized database 13 Corbey 12/1/b Funding of relocation 14 Ferreira III/c/v Training 4 Lisi V/10a Risk map 5 Lisi I/1/Table/2a Potassium Nitrate 6 Lisi I/1/Note 2a idem 18 Sjöstedt, Sornosa I/2/Note 1/1/3a+3b Classification according to Water and Waste directives 9574/03 LV/cs 2 DG I EN

3 CONTROL OF MAJOR-ACCIDENT HAZARDS INVOLVING DANGEROUS SUBSTANCES Amendment 1 (former amd. 6) by M. LISI ARTICLE 1, PARAGRAPH 1 Article 4, point (e) (Directive 96/82/EC) on MINING This Directive shall not apply to the following: ANNEX (e) the activities of the extractive industries concerned with the exploration for, and the exploitation of, minerals in mines and quarries or by means of boreholes; (e) the exploitation (exploration, extraction and processing) of minerals in mines, quarries, or by means of boreholes, with the exception of chemical and thermal processing operations and storage related to those operations which involve dangerous substances, as defined in Annex I; Council motivation The Council wants to limit this inclusion to "chemical and thermal processing operations"; it does not want to bring other mining activities within the scope of this Directive, such a reference might be taken up in the awaited draft Directive on mining waste. (e) the exploitation (exploration, extraction and processing) of minerals in mines and quarries, with the exception of processing operations and related storage involving dangerous substances as defined in Annex I of this Directive; Lisi comment : In the light of the accidents at Aznacollar and Baia Mare, and the continuing absence of an ad hoc legislative framework for mining activities, which the Commission has yet to draw up, we consider it essential to propose once again that all types of preparation entailing the use of dangerous substances listed in Annex I be included in the directive. 9574/03 LV/cs 3

4 Amendment 7 (former Amd. 7) by J. Sjöstedt, I. Schörling, M.-A. Isler-Béguin ARTICLE 1, PARAGRAPH 1 Article 4, paragraph g (Directive 96/82/EC) on LANDFILLS (g) waste land-fill sites with the exception of active tailings disposal facilities, including tailing ponds or dams, containing dangerous substances as defined in Annex I and used in connection with the chemical and thermal processing of minerals. (g) waste land-fill sites with the exception of operational tailings disposal facilities, including tailing ponds or dams, containing dangerous substances as defined in Annex I and used in connection with the processing of minerals.". Council motivation See reasoning under Amd. 1. Amd. 7 was accepted in principle or in part : clarify the scope in relation to mining activities, tailing ponds must be operational, the Council prefers the use of the word active and maintains the words chemical and thermal. Sjostedt: The exclusion of other processing methods (mechanical and physical) from the Directive's provisions on waste land-fill sites is unjustified, since the risk is defined by the substances themselves, in their quantity and use, not by their type of processing. In order to prevent reoccurence of accidents such as the Donana spill in Spain, it is essential that all types of preparation entailing the use of dangerous substances listed in Annex I be included in the directive. 9574/03 LV/cs 4

5 Amendment 8 by Anne FERREIRA (former Amd. 10) ARTICLE 1, PARAGRAPH 2a (new) Article 6, paragraph 2, point ga (new) (Directive 96/82/EC) on TRAINING 2. The notification required by paragraph 1 shall contain the following details : NONE 2a. In Article 6, paragraph 2, the following point is added after point (g): "(g a) training measures for the staff of the establishment or operating firm and subcontracting firms on prevention and emergency measures in the event of a major accident." Council Motivation: The issue of staff training is currently dealt with in Annexes III (safety management systems) and IV (emergency plans) and is already contained in the safety report; the Council does not feel it is appropriate that this information has to be included in the notification. Ferreira : In the tragic accident in Toulouse on 21 September 2001 it was found that a large number of staff of sub-contracting firms were employed on the site of the AZF plant. Consequently, in order to ensure that all staff are able to take the immediate emergency measures required to protect both themselves and others, they should be given training Ferreira (continued) This provision does not entail any additional administrative burden in that it merely involves notifying the competent authorities of an additional factor, i.e. staff training and the ability of staff to prevent any major accident and take emergency measures in the immediate aftermath of an accident. 9574/03 LV/cs 5

6 Amendment 9 by M. Anne FERREIRA (former Amd. 11) ARTICLE 1, PARAGRAPH 2b Article 6, paragraph 4 (Directive 96/82/EC) : NOTIFICATION OF MODIFICATIONS 4. In the event of: - - NONE 2b. In Article 6, paragraph 4, the following indent is inserted after the first indent: "- substantial modification of an installation, an establishment or a storage area, or" the operator shall immediately inform the competent authority of the change in situation. Council Motivation: This Amd. relates to the requirement to notify changes to installations. Such requirements exist already under Article 9 for upper tier establishments and the need for lower tier establishments is not justified as it would introduce additional bureaucratic burdens without safety improvements (principle of proportionality). Any significant increase in the quantity of dangerous substances held must already be notified (Article 6). Ferreira : Such changes should be reported to the competent authority for the purposes of Article 10 of the directive. This provision does not entail any additional administrative burden in so for as the undertaking is already required to apply for prior authorisation from the competent authorities when making any physical changes. 9574/03 LV/cs 6

7 Amendment 10 by Frédérique RIES (former Amd. 20) ARTICLE 1, PARAGRAPH 6b (new) Article 9, paragraph 6, point c(a) (new) (Directive 96/82/EC) HARMONIZED METHODS FOR REPORTING NONE (ba) In Article 9, paragraph 6, the following point is added after point (c): "(ca) Member States shall ensure that the different methods used for drawing up safety reports are harmonised and shall examine the feasibility of a single European method." Council motivation: Amd. 20 proposes a single European method for drawing up safety reports. The Council agrees with the Commission that this would not be practical given the wide variety of types of chemical installations. Ries : The Council did not accept amendment 20 adopted by the EP at first reading on the questionable grounds that a single European method for drawing up safety reports would not be feasible in practice given the significant differences between chemical plants. This amendment reproduces the spirit of amendment 20 while leaving the Member States greater discretion. The methods in force for drawing up safety reports differ widely from one Member State to another and do not facilitate the exchange of information and feedback within the Union. Ries(continued) : This is the conclusion to be drawn from the hazard studies carried out by experts from 9 Member States meeting within the working party established by the European Commission. In the two common scenarios studied, storage of ammonia and a liquefied petroleum gas storage sphere, the safety distances varied from 100 to 1000 metres and from 100 to 1500 metres respectively depending on the country. The Member States should therefore consider the feasibility of a single European method for safety reports. 9574/03 LV/cs 7

8 Amendment 11 by M-A Isler-Béguin, I. Schörling, D. Robart-Bowes, H. Blokland, A. Thors, F. Ries (former Amd. 55) ARTICLE 1, PARAGRAPH 10 Article12, paragraph 1a (new) (Directive 96/82/EC) HARMONIZED DATABASE The Commission is invited, in close cooperation with the Member States, to draw up guidelines defining a technical database to be used for assessing the compatibility between the establishments covered by this Directive and the areas described in paragraph 1. "1a. Within three years of [date of adoption of this Directive], the Commission, in close cooperation with the Member States, shall draw up guidelines defining a harmonised technical database of risk data and risk scenarios to be used for assessing the compatibility between existing establishments covered by this Directive and the sensitive areas listed in paragraph 1. The definition of this database shall take account of the technical and scientific evaluations performed by the Member States, the information obtained from operators and all other relevant information. This method of assessment shall in any case take account of the evaluations made by the competent authorities, the information obtained from operators and all other relevant information such as the socio-economic benefits of development and the mitigating effects of emergency plans. Within three years of [date of adoption of this Directive], the Commission, in close cooperation with the Member States, shall develop guidelines setting out a methodology for establishing appropriate minimum safety distances between establishments covered by this Directive and the sensitive areas listed in paragraph 1." 9574/03 LV/cs 8

9 Amendment 13 by D. CORBEY (former amd. 31) ARTICLE 1, PARAGRAPH 10 Article 12, paragraph 1a (new) (Directive 96/82/EC) FUNDING OF RELOCATION Article 12 Land-use planning NONE In Article 12, the following paragraph is added: Council motivation: Asks the Commission to develop an incentive scheme for the relocation of Seveso establishments to improve distances. The Council view is that any such scheme should be more appropriately introduced at national level (subsidiarity). "1a (a).the Commission shall in the same context develop a scheme of incentives and/or funding for the relocation of establishments covered by this Directive which do not provide for the appropriate safety distance. This could be done in the framework of regional policy." The Commission will ensure compatibility with European competition law 9574/03 LV/cs 9

10 Amendment 14 by A. FERREIRA ARTICLE 1, PARAGRAPH 15a (new) Annex III, point c), subparagraph v) (Directive 96/82/EC) TRAINING SEE AMD 3 ABOVE (v) planning for emergenciesadoption and implementation of procedures to identify foreseeable emergencies by systematic analysis and to prepare, test and review emergency plans to respond to such emergencies. NO MODIFICATION In Annex III, point (c), subparagraph (v) is replaced with the following: "(v) Planning for emergencies: adoption and implementation of procedures to identify foreseeable emergencies by systematic analysis and to prepare, test and review [emergency plans to respond to such emergencies and specific training for the staff concerned. Such training shall be given to all staff working in the establishment, including subcontracting staff] " Ferreira : The issue of staff training is vital for prevention and emergency measures in the immediate aftermath of an accident. The Council has endorsed Parliament's concerns on this issue in principle. Nonetheless, it is essential to make a number of improvements concerning the emergency measures to be taken in the immediate aftermath of an accident and the minimum accident prevention measures required and to ensure that immediate emergency measures can be taken as effectively as possible in the event of an accident by all staff working in the establishment. Alternative text in WP : [emergency procedures for suitability with appropriate training of the installation personnel concerned]. 9574/03 LV/cs 10

11 Amendment 4 (former amd. 46) by M. LISI ARTICLE 1, PARAGRAPH 15 b (NEW) Annex V, point 10 a (new) (Directive 96/82/EC) RISK MAPS ANNEX V Items of information to be communicated to the public as provided for in Article 13(1) NONE Council Motivation: Most Member States are working on some form of risk maps but do not see any need to set out the criteria for such maps in the Directive. Cion comment on common position Amendment accepted by the Commission : Amendment concerns the obligation to supply information to those liable to be affected by the consequences of an accident. The amendment proposes to add to the items to be communicated in a map showing risk areas. 11 C. In Annex V, the following point is added after point 10 "10a. A map showing areas which might be affected by the consequences of an accident arising from the establishment". Lisi As regards information to the public, the pictorial representation, by means of a map, of the areas adjacent to the establishments subject to accident risks would not only facilitate the work of management, but provide the population concerned with clear and easily comprehensible information regarding the risks. Parliament has taken over the wording used by the Commission in its amended proposal (COM(2002) 540). 9574/03 LV/cs 11

12 Amendment 5 (former amd 40) by M. LISI ANNEX, POINT 2 B (NEW) Annex I, Part I, Table, line 2 a (new) (Directive 96/82/EC) POTASSIUM NITRATE ANNEX I: Application of the Directive Part I: Named substances Dangerous substances : Qualifying quantity for the application of Articles 6 and 7 - Article 9 NONE Council motivation Amendments 40 and 42 propose the creation of two new entries for potassium nitrate, are rejected by the Council on the basis that it has not seen sufficient detailed analysis behind the proposal and so it should not be included in this amending proposal. Cion comment on common position Accepted by the Commission and not incorporated in the common position : Amendments 40 and 42 propose the creation of 2 new entries for potassium nitrate including their definitions and qualifying quantities. The Commission accepted these amendments, as they bring in line the qualifying quantities for potassium nitrate with those fixed for ammonium nitrate. 1 B. In Part 1, the following lines are added: Potassium nitrate Potassium nitrate Lisi : Potassium nitrate is used mainly in the agricultural sector and to a lesser extent in the industrial sector, with applications ranging from glass and ceramics to textiles and steel. The conditions for storing, handling and processing this compound for agricultural use are similar to those for other fertilisers. The quantities of potassium nitrate involved at these stages are significant. Under the transport regulations, potassium nitrate was classified as a division 5.1 oxidising agent in packaging group 3, corresponding to the lowest level of risk. On the basis of tests subsequently carried out by an accredited European Institute (TNO Prins Maurits Laboratory, Rijswijk, Netherlands), potassium nitrate in prilled form (that most commonly for agricultural purposes) cannot ever be classified as an oxidising agent. The Council rejected amd. 40 adopted by Parliament at first reading, without providing any justification. In view of its scientific basis, it is therefore proposed to retable it 9574/03 LV/cs 12

13 Amendment 6 (former Amendment 42) by M. LISI ANNEX, POINT 5A (NEW) Annex I, Part I, Note 2 a (new) (Directive 96/82/EC) POTASSIUM NITRATE NONE 3 B. In the Notes to Part 1, the following text is added after Note 2: Connected to Amd Potassium nitrate (1250/5000) Composite potassium-nitrate based fertilisers composed of potassium nitrate in crystalline form 2. Potassium nitrate (5000/10000) Composite potassium-nitrate based fertilisers composed of potassium nitrate in prilled/granular form 9574/03 LV/cs 13

14 Amendment 18 by J. SJOSTEDT, M. SORNOSA MARTINES (former Amd. 43). ANNEX, PARAGRAPH 3, point c)i) Annex I, Part 2, Note 1, paragraph 1, indents 3a and 3b (new) (Directive 96/82/EC) ANNEX I : APPLICATION OF THE DIRECTIVE Part 2 : Categories of substances and preparations not specifically named in Part 1 Note 1 : Substances and preparations are classified according to the following Directives (as amended) and their current adaptation to technical progress : NONE - Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy 1 ; - Council Directive 91/689/EEC of 12 December 1991 on hazardous waste 2. 1 OJ L 327, , p OJ L 377, , p. 20. Directive as last amended by Directive 94/31/EC (OJ L 168, , p. 28). Council motivation: The Council does not believe that such references are necessary in this context. The Directive already provides for the case of unclassified substances and preparations, and hazardous waste can therefore be covered on the basis of its properties as a preparation. Sjostedt: References to these two directives are essential. The Water framework directive is relevant for the Seveso II Directive especially concerning emissions of certain substances into the aquatic environment. Sjöstedt (continued) Adding a reference to the Hazardous Waste Directive, allows tailings and waste from mineral processing already classified as hazardous under the EU "waste list" to unequivocally fall under the scope of the Seveso II Directive. This, in turn, allows Aznacóllar-type tailings pond accidents to be covered by Seveso II Directive. 9574/03 LV/cs 14