51994AP0082(01)

A4-0082/94

Proposal for a Council Directive on the control of major-accident hazards involving dangerous substances (Comah) (COM(94)0004 - C3-0116/94 - 94/0014(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 4

>Original text>

Whereas the Council Resolution of 16 October 1989 invited the Commission to consider ways of including in the Directive planning controls on land use, taking into account, in particular, the consequences of the accident at Bhopal, and the means of seeking mutual understanding and harmonization of national principles and practices regarding safety reports;

>Text following EP vote>

Whereas, in the light of the conditions in which the accidents at Bhopal and Mexico City occurred and the consequences thereof, the Council Resolution of 16 October 1989 called on the Commission to include in the Directive provisions concerning the conditions for siting major hazard plants near residential areas and areas of special natural interest;

(Amendment 2)

Recital 4a (new)

>Text following EP vote>

Whereas, in the light of major accidents which have occurred in third countries, technical cooperation should be strengthened, in particular with developing countries, to provide better training of the competent authorities, land use planning which takes account of the existence of major hazard plants at the same time as growing urbanization, and legal assistance, where necessary, to deal with the short- and long-term consequences of such accidents;

(Amendment 3)

Recital 6a (new)

>Text following EP vote>

Whereas it is essential, in order to limit cross-border consequences of accidents, for there to be effective information exchange and warning systems based on harmonization of national principles and practices governing safety reports;

(Amendment 4)

Recital 12

>Original text>

Whereas in order to prevent major accidents, the operator must, for every establishment at which dangerous substances are present and where, in the event of a major accident, there may be serious consequences for man and the environment, take all measures necessary to prevent such accidents and to limit the consequences thereof;

>Text following EP vote>

Whereas in order to prevent major accidents, the operator must, for every establishment and installation where dangerous substances are present and where, in the event of a major accident, there may be serious consequences for man and the environment, take all measures necessary to prevent such accidents and to limit the consequences thereof;

(Amendment 5)

Recital 17a (new)

>Text following EP vote>

Whereas Member States must take the necessary measures to provide adequate training for the authorities responsible for drawing up external emergency plans and taking the necessary decisions in cases of major accidents;

(Amendment 6)

Recital 17b (new)

>Text following EP vote>

Whereas, nevertheless, it must be reaffirmed that the 'polluter pays' principle applies to accidents; whereas establishments must repair the short- and long- term damage to people, property and the environment;

(Amendment 7)

Recital 18

>Original text>

Whereas, in order to promote access to information on the environment the public should have access to the safety report produced by the operator, and persons liable to be affected by a major accident should be given information sufficient to inform them of the correct action to be taken in the event of a major accident;

>Text following EP vote>

Whereas, in order to promote access to information on the environment the public should have access to the safety reports produced by the operator, and persons liable to be affected by a major accident should be given information sufficient to inform them of the correct action to be taken in the event of a major accident;

(Amendments 8 and 89)

Recital 21

>Original text>

Whereas, in order to provide for an information exchange and to prevent future accidents of a similar nature, Member States should forward information to the Commission regarding major accidents occurring in their territory, so that the Commission can analyse the hazards from major accidents, and operate an information system for the distribution of information on any particular major accident, and the lessons learned from it;

>Text following EP vote>

Whereas, in order to provide for an information exchange and to prevent future accidents of a similar nature, Member States must inform the Commission and the European Environment Agency about major accidents occurring in their territory, so that the Commission and the European Environment Agency can analyze the hazards from major accidents, and operate an information system for the distribution of information on any particular major accident, and the lessons learned from it;

(Amendment 9)

Recital 22a (new)

>Text following EP vote>

Whereas, therefore, all workers in a major hazard plant, including temporary workers, contractors and sub-contractors, must be given appropriate training to enable them to carry out their tasks competently in normal and abnormal conditions;

(Amendment 114)

Recital 23a (new)

>Text following EP vote>

Whereas the transmission of dangerous substances through pipelines and their storage also have a potential to produce major accidents; whereas it is not appropriate to include such activities within the scope of this Directive; whereas the Commission should, after collecting and evaluating information about existing mechanisms within the Community for regulating such activities and the occurrence of relevant incidents, prepare a communication setting out the case, and most appropriate instrument, for action in this area;

(Amendment 10)

Article 3(a)

>Original text>

(a) 'establishment':

means the whole area under the control of an operator where dangerous substances are present in any installation or any storage facility and all the remaining area under the control of the operator at that place, including administrative buildings, ancillary equipment, pipework, storage, process and production equipment, marshalling yards, docks, piers, jetties, depots or similar structures, whether floating or not;

>Text following EP vote>

(a) 'establishment':

means the whole area under the control of an operator where dangerous substances are present in any installation or any storage facility or mobile containers and all the remaining area under the control of the operator at that place, including administrative buildings, ancillary equipment, pipework, storage and handling areas, process and production equipment, marshalling yards, docks, piers, jetties, depots or similar structures, whether floating or not;

(Amendment 11)

Article 3(aa) (new)

>Text following EP vote>

(aa) 'group of establishments':

means all of an area in which there are hazardous plants established which, as a result, inter alia, of the location, proximity and total quantities of dangerous substances involved, may increase the likelihood of a major accident;

(Amendment 86)

Article 3(c)

>Original text>

(c) 'operator':

>Text following EP vote>

(c) 'operator':

>Original text>

means any person (including individuals and corporate bodies), responsible for the control of an establishment covered by this Directive.

>Text following EP vote>

means any person (including individuals and corporate bodies), responsible for the control of an establishment or installation or for an industrial activity covered by this Directive.

>Text following EP vote>

(the concept of 'operator control' must be defined).

(Amendment 12)

Article 3(e)

>Original text>

(e) 'major accident':

means an occurrence such as a major emission, fire, or explosion resulting from uncontrolled developments in the course of the operation of any establishment covered by this Directive, and leading to serious danger to man and/or the environment, immediate or delayed, inside or outside the establishment, and involving one or more dangerous substances;

>Text following EP vote>

(e) 'major accident':

means an occurrence such as a major emission, fire, or explosion resulting from uncontrolled developments in the course of the operation of any establishment covered by this Directive, and leading to serious danger to man and/or the environment, immediate or delayed, inside or outside the establishment, and involving one or more dangerous substances whose effects are likely to meet the criteria in Annex IVa;

(Amendment 13)

Article 3(ea) (new)

>Text following EP vote>

(ea) 'near miss':

means the avoidance of a major accident due to a timely planned or unplanned intervention or to fortuitous circumstances as a result of which a major accident did not occur;

(Amendment 14)

Article 3(f)

>Original text>

(f) 'hazard':

>Text following EP vote>

(f) 'hazard':

>Original text>

means the intrinsic property of a dangerous substance or physical situation at an establishment, with a potential for creating damage;

>Text following EP vote>

means the intrinsic property of a dangerous substance or physical situation at an establishment, with a potential for creating damage, whether it

>Text following EP vote>

- endangers the lives of human beings or puts their health at serious risk,

>Text following EP vote>

- is potentially harmful to a large number of people, or

>Text following EP vote>

- is potentially harmful to the environment - in particular fauna, flora, soil, water and the atmosphere - and to crops or other material goods where any alteration of their state or interests may affect the common good;

(Amendment 15)

Article 3(g)

>Original text>

(g) 'risk':

>Text following EP vote>

(g) 'risk':

>Original text>

means the likelihood of a specific effect occurring within a specified period or in specified circumstances;

>Text following EP vote>

means the likelihood that specific effects harmful to man and the environment will take place within a specified period or in specified circumstances;

(Amendment 16)

Article 3(ha) (new)

>Text following EP vote>

(ha) 'damage':

means the consequences of an accident resulting, directly or indirectly, in serious damage to human health, property or the environment.

(Amendment 17)

Article 3(hb) (new)

>Text following EP vote>

(hb) 'transfrontier damage':

means any serious damage to human health, property or the environment occurring when an accident takes place, including damage in a country other than the country in which the establishment where the accident took place is sited.

(Amendments 18 and 113/rev.)

Article 4

>Original text>

This Directive shall not apply to the following:

>Text following EP vote>

This Directive shall not apply to the following industrial premises and activities where they are covered by specific, equivalent Community or national legislation:

>Original text>

(a) military installations or storage facilities;

>Text following EP vote>

deleted

>Original text>

(b) hazards created by ionizing radiation;

>Text following EP vote>

(b) nuclear installations, solely as regards the hazards created by ionizing radiation;

>Original text>

(c) the transport of dangerous substances by road, rail, water, or air, outside the establishments covered by this Directive;

>Text following EP vote>

(c) the transport of dangerous substances by road, rail, water, or air, outside the establishments covered by this Directive;

>Original text>

(d) the transmission of dangerous substances in pipelines outside the establishment covered by this Directive;

>Text following EP vote>

(d) the transmission of dangerous substances in pipelines outside the establishment covered by this Directive;

>Original text>

(e) the activities of the extractive industries concerned with exploration for, and the exploitation of, minerals in mines and quarries or by means of boreholes, including the preparation of extracted materials for sale.

>Text following EP vote>

(e) the activities of the extractive industries concerned with exploration for, and the exploitation of, minerals in mines and quarries or by means of boreholes.

(Amendment 19)

Article 5(1)

>Original text>

1. Member States shall ensure that the operator is obliged to take all measures necessary to prevent major accidents and to limit their consequences for man and the environment.

>Text following EP vote>

1. Member States shall ensure that the operator is obliged to take all measures necessary to prevent major accidents and to limit their consequences for man and the environment as well as to inform, train and kit out, in the interests of safety, employees and those who visit the establishment for professional reasons.

(Amendment 20)

Article 5(2a) (new)

>Text following EP vote>

2a. Where establishments are operated by Community nationals on the territory of a third country, the European Union shall adopt the principle of equivalence of provisions relating to health and environmental protection.

>Text following EP vote>

For the purposes of this Directive, the principle requires Member States to ensure that it is implemented so far as the operators are concerned.

(Amendment 21)

Article 6(1)(b)

>Original text>

(b) the principles and criteria on which action to prevent, and respond to major accidents is based;

>Text following EP vote>

(b) the principles and criteria on which action to prevent and respond to major accidents is based, in accordance with Annex IVa;

(Amendment 22)

Article 6(1)(c)

>Original text>

(c) the identification of major- accident hazards;

>Text following EP vote>

(c) the identification of major- accident hazards and an appraisal of their impact on man and the environment;

(Amendment 23)

Article 6(1)(da) (new)

>Text following EP vote>

(da) the arrangements for informing, training and kitting out workers and those who visit the establishment for professional reasons;

(Amendments 24 and 101)

Article 6(1)(fa) (new)

>Text following EP vote>

(fa) the arrangements for simulation exercises under emergency plans and the regularity with which these are held;

(Amendment 25)

Article 6(1)(h)

>Original text>

(h) the periodic review of the major-accident prevention policy and management system by senior management of the establishment, in order to check performance against relevant standards.

>Text following EP vote>

(h) the periodic review of the major-accident prevention policy and management system by senior management of the establishment, in order to check performance against relevant standards, particularly the requirements in Annex II to the eco-audit Regulation.

(Amendment 26)

Article 6(3)(d)

>Original text>

(d) information sufficient to identify the dangerous substance or category of substances involved;

>Text following EP vote>

(d) precise information to identify the dangerous substance or category of substances involved;

(Amendment 102)

Article 6(3)(e)

>Original text>

(e) the quantity and physical form of the dangerous substance or substances involved;

>Text following EP vote>

(e) the quantity and physical form of the dangerous substance or substances involved and the changes to be expected if they are mixed;

(Amendment 27)

Article 6(5)

>Original text>

5. In the event of any significant change to the maximum quantity or physical form of the dangerous substance present, as indicated in the notification provided by the operator pursuant to paragraph 2, or in the event of the permanent closure of the installation, the operator shall immediately inform the competent authority of the change.

>Text following EP vote>

5. In the event of any significant change to the maximum quantity or physical form of the dangerous substance present, or the number of substances as indicated in the notification provided by the operator pursuant to paragraph 2, or in the event of the permanent closure of the installation, the operator shall inform the competent authority in advance of the change.

('significant change' should be clarified by specifying what constitutes negligible limits and/or significant amounts).

(Amendment 28)

Article 7

>Original text>

Member States shall ensure that all operators are required to prove to the competent authority at any time, in particular for the purposes of the inspections and controls referred to in Article 18, that they have taken all the measures necessary as specified in this Directive.

>Text following EP vote>

Member States shall take the measures necessary to ensure that all operators are required to prove to the competent authority at any time, in particular for the purposes of the inspections and controls referred to in Article 18, that they have taken all the measures necessary as specified in this Directive and Council Directive 89/391/EEC1 on the introduction of measures to encourage improvements in the safety and health of workers at work.

____________

1 OJ L 183, 29.6.1989, p. 1.

(Amendment 29)

Article 8(1), first subparagraph

>Original text>

1. Member States shall ensure that the competent authority using the information received from operators in compliance with this Directive and taking into account inter alia the location, proximity and total quantities of dangerous substances present, identifies groups of establishments where the likelihood of a major accident may be increased.

>Text following EP vote>

1. Member States shall take the necessary steps to ensure that the competent authority as specified in Article 16, using the information received from operators in compliance with this Directive, identifies, in accordance with the definition laid down in Article 3(aa), groups of establishments where the likelihood of a major accident may be increased.

(Amendment 30)

Article 8(2), introductory phrase

>Original text>

2. Member States shall ensure that, whenever an increased likelihood or an aggravation of major accidents is identified under paragraph 1 in a group of establishments:

>Text following EP vote>

2. Member States shall ensure that, whenever an increased likelihood or an aggravation of major accidents and/or near misses is identified under paragraph 1 in a group of establishments:

(Amendment 31)

Article 8(3)

>Original text>

3. Member States shall inform the Commission of the criteria which they apply in determining the conditions under which the provisions of Article 9 are to be applied to all the establishments of a group. The Commission shall, if necessary, establish harmonized criteria, in accordance with the procedure laid down in Article 22.

>Text following EP vote>

3. Upon the entry into force of this Directive, the Commission shall establish harmonized criteria which the Member States must use in determining the conditions under which the provisions of Article 9 are to be applied to all the establishments of a group.

(Amendment 32)

Article 9(1)(d)

>Original text>

(d) detailing the operational requirements and limitations of the establishment with respect to technical, organizational and managerial matters used to prevent major accidents;

>Text following EP vote>

(d) detailing the existing provisions within the establishment with respect to technical, organizational and managerial matters used to prevent major accidents;

(Amendment 33)

Article 9(1)(ga) (new)

>Text following EP vote>

(ga) demonstrating that the workers have received appropriate training on the operation of the establishment in both normal and abnormal conditions, so that accidents can be prevented and action taken promptly and effectively when accidents occur. Such training must include:

- identification of hazards and the corrective measures needed;

- basic emergency procedures;

- correct procedures for handling materials;

- all specific risks pertaining to their work.

(Amendment 34)

Article 9(1), third subparagraph

>Original text>

Internal safety audits shall be carried out as an integral part of the management system of the establishment. The results of these shall be made available to the competent authorities at the time at which inspections are carried out pursuant to Article 18.

>Text following EP vote>

Internal safety audits which form an integral part of the management system of the establishment shall be carried out every two years by all establishments subject to the provisions of this Article. The results of these shall be made available to the competent authorities at the time at which inspections are carried out pursuant to Article 18.

(Amendment 35)

Article 9(5), first indent

>Original text>

- at least every five years;

>Text following EP vote>

- at least every three years;

(Amendment 36)

Article 9(5), third indent a (new)

>Text following EP vote>

- at any time after a near miss so that account is taken of the conditions under which the hazard arose and how it was averted.

(Amendment 37)

Article 9(5), second subparagraph (new)

>Text following EP vote>

The review may be carried out not only by the competent authority itself but also by agencies acting on its behalf (e.g. the testing authorities), at the operator's expense.

(Amendment 38)

Article 9(7)

>Original text>

7. Member States shall ensure that the competent authority publishes the criteria it intends to use in reaching a decision that a substance or establishment are in a state incapable of creating a major-accident hazard under paragraph 6 and that it communicates a copy of the said criteria to the Commission. The Commission shall, if necessary, establish harmonized criteria in accordance with the procedure laid down in Article 22.

>Text following EP vote>

7. Upon the entry into force of this Directive, the Commission shall establish harmonized criteria which the authorities must use in reaching a decision that a substance or an establishment is in a state incapable of creating a major- accident hazard under paragraph 6.

These criteria shall comprise:

- the methods and procedures for analysing and assessing the risk,

- the safety monitoring systems, including the methods and procedures for the safety audit,

- the reliability of the precautions and technical systems to prevent accidents.

(Amendment 39)

Article 10, introductory phrase

>Original text>

In the event of the modification of an installation, storage facility or establishment which could have significant repercussions on major-accident hazards, the Member States shall ensure that the operator:

>Text following EP vote>

In the event of the modification of an installation, manufacturing process, storage facility or establishment which could have significant repercussions on major-accident hazards, the Member States shall take the appropriate measures to ensure that the operator:

(Amendment 40)

Article 11(3)

>Original text>

3. Member States shall ensure that, without prejudice to the obligations of the competent authorities, the opportunity of contributing to the preparation of emergency plans under this Directive is afforded:

>Text following EP vote>

3. Member States shall ensure that, without prejudice to the obligations of the competent authorities, emergency plans are drawn up in consultation with:

>Original text>

- in the case of internal and external emergency plans, to personnel inside the establishment, and,

>Text following EP vote>

- personnel employed in the establishment, for example through a safety committee in the case of internal and external emergency plans, and

>Original text>

- in the case of external emergency plans, to the public liable to be affected.

>Text following EP vote>

- the public liable to be affected, for example through residents' associations, in the case of external emergency plans.

(Amendment 41)

Article 11(5), introductory phrase

>Original text>

5. Member States shall ensure that emergency plans are put into effect without delay by the person nominated or by the designated authority, whenever:

>Text following EP vote>

5. Member States shall ensure that emergency plans are put into effect without delay by the person nominated within the establishment and, where necessary, by the designated competent authority, whenever:

(Amendment 42)

Article 11(7)

>Original text>

7. Member States shall ensure that the competent authority publishes the criteria which it intends to use in reaching a decision that an establishment is incapable of creating a major-accident hazard beyond its boundary under paragraph 6 and that it communicates a copy of the said criteria to the Commission. The Commission shall, if necessary, establish harmonized criteria, in accordance with the procedure laid down in Article 22.

>Text following EP vote>

7. Upon the entry into force of this Directive, the Commission shall establish harmonized criteria which the competent authorities of the Member States must use in reaching a decision that an establishment is incapable of creating a major-accident hazard beyond its boundary under paragraph 6.

(Amendment 115)

Article 12(1), second subparagraph

>Original text>

Member States shall ensure that their land-use policy, and the procedures for implementing it, take account of the need, in the long term, to separate establishments covered by this Directive from residential areas, areas of substantial public use, and areas of particular natural sensitivity or interest, and also of the need to facilitate emergency planning in the event of a major accident.

>Text following EP vote>

Member States shall ensure that their land-use policy, and the procedures for implementing it, take account of the technical and other measures taken under Article 5(1) and the need, in the long term, to separate establishments covered by this Directive from residential areas, areas of substantial public use, and areas of particular natural sensitivity or interest, and also of the need to facilitate emergency planning in the event of a major accident.

(Amendment 44)

Article 12(3)

>Original text>

3. Member States shall inform the Commission of the siting and land-use planning criteria which they apply for the purpose of paragraph 1. The Commission shall, if necessary, establish guidelines concerning such criteria in accordance with the procedure laid down in Article 22.

>Text following EP vote>

3. Member States shall inform the Commission of the siting and land-use planning criteria which they apply for the purpose of paragraph 1. The Commission shall, if necessary, adopt harmonized criteria in accordance with the procedure laid down in Article 22.

(Amendment 45)

Article 12(3a) (new)

>Text following EP vote>

3a. Member States shall take the necessary steps to ensure that a safety perimeter is created around establishments covered by this Directive so that, in the event of an accident, the safety of nearby residents is guaranteed.

>Text following EP vote>

Member States shall undertake to ensure that no further development other than that connected with the establishment's activities is authorized within that perimeter and to take the steps required in respect of the area's planning regulations.

(Amendment 46)

Article 12a (new)

>Text following EP vote>

Any transfer of technology relating to an establishment presenting a major- accident hazard (from the point of view of the manufacturing process or storage) must be accompanied by a transfer of the techniques appropriate and information necessary to the safe operation of the establishment.

(Amendment 47)

Article 13(1), first subparagraph

>Original text>

1. Member States shall ensure that information on safety measures and on the requisite behaviour in the event of an accident is supplied, without their having to request it, to persons liable to be affected by a major accident originating in an establishment covered by Article 9. The information shall be reviewed every two years, and where necessary repeated and updated, at least if there is any modification within the meaning of Article 10. It shall also be made permanently available to the public. The maximum period between the repetition of the information to the public shall, in any case, be no longer than four years.

>Text following EP vote>

1. Under Article 3 of Directive 90/313/EEC1, information on the risk of accidents, safety measures and the requisite behaviour in the event of an accident shall be supplied, without their having to request it, to persons liable to be affected by a major accident originating in an establishment covered by Article 9 and to any natural or legal person who so requests, without the latter being required to demonstrate a legitimate interest. The information shall be reviewed every two years, and where necessary repeated and updated, at least if there is any modification within the meaning of Article 10. It shall also be made permanently available to the public. The maximum period between the repetition of the information to the public shall, in any case, be no longer than four years.

______________

1 OJ L 158, 23.6.1990, p. 56.

(Amendment 48)

Article 13(1), second subparagraph

>Original text>

Such information shall contain, at least, the information listed in Annex IV.

>Text following EP vote>

Such information shall contain, at least, the information listed in Annex IV. No one may be prosecuted for disseminating such information to the public.

(Amendment 49)

Article 13(4)

>Original text>

4. Member States shall ensure that the safety report is made available to the public. The operator may ask the competent authority not to disclose to the public certain parts of the report, for reasons of industrial, commercial or personal confidentiality, public security or national defence. In such cases, on the approval of the competent authority, the operator shall supply to the authority, and make available to the public, an amended report excluding those matters.

>Text following EP vote>

4. The safety report shall be published. The operator may, provided that he justifies his request and provided that this omission does not affect the goal of public safety, ask the competent authority not to disclose to the public certain parts of the report, for reasons of industrial, commercial or personal confidentiality, public security or national defence. In such cases, on the approval of the competent authority, the operator shall supply to the authority an amended report excluding those matters. This report shall be published.

(Amendment 50)

Article 13(5)

>Original text>

5. Member States shall ensure that the public is able to participate in relevant procedures and debates, relating to:

- planning for new establishments covered by Article 9, modifications to existing establisments pursuant to Article 10, where such modifications are subject to obligations provided for in this Directive as to planning and developments around such existing establishments,

>Text following EP vote>

5. Member States shall ensure that the public participates in relevant procedures and debates, relating to:

- planning for new establishments covered by Article 9, modifications to existing establisments pursuant to Article 10, where such modifications are subject to obligations provided for in this Directive as to planning and developments around such existing establishments,

>Original text>

- the major-accident hazard control policies and criteria of the competent authority and development policies and procedures regarding siting and land- use, developed to implement this Directive.

>Text following EP vote>

- the major-accident hazard control policies and criteria of the competent authority and development policies and procedures regarding siting and land- use, developed to implement this Directive.

(Amendment 51)

Article 13(6), second subparagraph

>Original text>

This inventory shall be updated annually and shall be made available to the public, on the premises of the establishment.

>Text following EP vote>

This inventory shall be updated annually and shall be made available to the public on the premises of the establishment and from the competent authority to which it is supplied. No one may be prosecuted for disseminating this inventory to the public.

(Amendment 52)

Article 15(1), introductory phrase

>Original text>

1. For the purposes of prevention and mitigation of major accidents, Member States shall inform the Commission as soon as practicable of major accidents which have occurred within their territory and shall provide it with the following details:

>Text following EP vote>

1. For the purposes of prevention and mitigation of major accidents, Member States shall inform the Commission and the European Environment Agency as soon as practicable of major accidents which have occurred within their territory and shall provide them with the following details:

(Amendment 53)

Article 15(1)(c)

>Original text>

(c) a brief description of the circumstances of the accident, including the dangerous substances involved, and the immediate effects on man and the environment;

>Text following EP vote>

(c) a brief description of the circumstances of the accident, including the dangerous substances involved, and the effects on man and the environment;

(Amendment 54)

Article 15(2), first subparagraph

>Original text>

2. Member States shall, as soon as the information is collected in accordance with Article 14, inform the Commission of the result of their analysis and recommendations using a report form established and kept under review through the procedure referred to in Article 22.

>Text following EP vote>

2. Member States shall, as soon as the information is collected in accordance with Article 14, inform the Commission and the European Environment Agency of the result of their analysis and recommendations using a report form established and kept under review through the procedure referred to in Article 22.

(Amendment 55)

Article 15(3)

>Original text>

3. Member States shall inform the Commission of the name and address of any organization which might have relevant information on major accidents and which is able to advise the competent authorities of other Member States which have to intervene in the event of such an accident.

>Text following EP vote>

3. Member States shall inform the Commission and the European Environment Agency of the name and address of any organization which might have relevant information on major accidents and which is able to advise the competent authorities of other Member States which have to intervene in the event of such an accident.

(Amendment 56)

Article 17(1), second subparagraph, second indent

>Original text>

- an external emergency plan has not been prepared within the specified time period.

>Text following EP vote>

- an external emergency plan has not been prepared within the specified time period, i.e. the information stipulated in Article 11 has not been forwarded under the conditions and within the time limits laid down in that Article.

(Amendment 57)

Article 17(1), third subparagraph

>Original text>

In accordance with their own legal systems Member States shall ensure that if the competent authority prohibits the use or bringing into use of any establishment, installation or storage facility, or any part thereof because an external emergency plan has not been prepared within the specified period, the operator is entitled to seek compensation from the authorities responsible for the preparation of such plans for any costs incurred due to the prohibition.

>Text following EP vote>

Should the external emergency plan not have been prepared by the appropriate deadline as the result of a delay for which the competent authority alone can be held responsible, and if an urgent need arises to prohibit the use or bringing into use of an establishment, the operator shall be entitled to seek compensation from the authorities responsible for the preparation of such plans for the costs incurred due to the prohibition and for any damage impairing the usefulness and value of the investment. The authorities responsible shall not be obliged to grant such compensation if the information specified in Article 11 has not been supplied to them by the deadline laid down in that Article.

(Amendment 81)

Article 18(2)(c)

>Original text>

(c) a programme of inspections for all establishments. Unless the competent authority has established a programme of inspection which provides for a longer period between inspections based upon a systematic appraisal of the major-accident hazards of the particular establishment concerned, the programme shall entail at least one on-site inspection made by the competent authority every twelve months to each establishment covered by Article 9;

>Text following EP vote>

(c) a programme of inspections for all establishments. Unless the competent authority or experts or bodies acting on behalf of the competent authorities (such as the German TÜV) have established a programme of inspection which provides for a shorter period between inspections based upon a systematic appraisal of the major-accident hazards of the particular establishment concerned, the programme shall entail at least one on-site inspection made by the competent authority every three years to each establishment covered by Article 9;

(Amendment 59)

Article 19(1), introductory phrase

>Original text>

1. The Commission shall set up and keep at the disposal of Member States a register and information system containing, in particular, details of the major accidents which have occurred within the territory of Member States, for the purpose of:

>Text following EP vote>

1. The Commission and the European Environment Agency shall set up and keep at the disposal of Member States a register and information system containing, in particular, details of the major accidents which have occurred within the territory of Member States, for the purpose of:

(Amendment 60)

Article 19(3)

>Original text>

3. Member States shall provide the Commission with an annual report on the numbers and types of establishments covered by Articles 6 and 9, the number of safety reports received, the number of Internal and External Emergency Plans produced, and the number of inspections made. The Commission shall publish a summary of this information every year.

>Text following EP vote>

3. Member States shall provide the Commission and the European Environment Agency with an annual report on the numbers and types of establishments covered by Articles 6 and 9, the number of safety reports received, the number of Internal and External Emergency Plans produced, and the number of inspections made. The Commission and the European Environment Agency shall publish a summary of this information every year.

(Amendment 73)

Article 19a (new)

>Text following EP vote>

The Commission shall establish appropriate relations with the specialised agencies of international bodies, especially the OECD, to ensure that world standards for the control of major-accident hazards are agreed upon.

(Amendment 105)

Article 19b (new)

>Text following EP vote>

The Commission shall, by 30 June 1995, submit to the European Parliament a proposal for Annex IVa concerning the principles and decisive criteria for the prevention of major accidents and for measures to be taken in the event of a major accident.

(Amendment 61)

Article 20(1), introductory phrase

>Original text>

1. Information obtained by the competent authorities and by the Commission in pursuance of this Directive is confidential only so far as it affects:

>Text following EP vote>

1. Information obtained by the competent authorities and by the Commission and the European Environment Agency in pursuance of this Directive is confidential only so far as it affects:

(Amendment 62)

Article 20(1), first indent

>Original text>

- the confidentiality of the proceedings of competent authorities and of the Commission,

>Text following EP vote>

- the discussions in camera of competent authorities, of the European Environment Agency and of the Commission,

(Amendment 63)

Article 20(1), third indent

>Original text>

- public security or other security aspects,

>Text following EP vote>

- public security,

(Amendment 64)

Article 20(1), seventh indent

>Original text>

- material supplied by a third party without that party's being under a legal obligation to do so.

>Text following EP vote>

- material supplied by a third party without that party's being under a legal obligation to do so and where that party has pointed out the confidential nature of his information.

(Amendment 65)

Article 20(1a) (new)

>Text following EP vote>

1a. No one may be prosecuted for the public dissemination of non-confidential information.

(Amendment 66)

Article 21

>Original text>

The procedure specified in Article 22 shall be used for the adaptation of the Annexes to technical progress and for establishing: the harmonized Community criteria referred to in Article 8(3), 9(8), 11(7), 14(3) and 18(5); the guidelines referred to in Article 12(3) and the report form referred to in Article 15(2).

>Text following EP vote>

The procedure specified in Article 22 shall be used for establishing the criteria referred to in Article 12(3) and the report form referred to in Article 15(2).

(Amendment 107)

Article 22a (new)

>Text following EP vote>

The measures needed to adapt the Annexes to this Directive to technical progress and for subsequent amendments to it shall be adopted in accordance with the procedure laid down in Article 130s(1) of the Treaty.

(Amendment 68)

Article 22b (new)

>Text following EP vote>

The Commission shall be assisted by a 'management' committee composed of the representatives of the Member States and chaired by the representative of the Commission.

>Text following EP vote>

The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.

>Text following EP vote>

The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the committee, they shall be communicated by the Commission to the Council forthwith.

>Text following EP vote>

In that event, the Commission shall defer application of the measures which it has decided for a period to be laid down in each act adopted by the Council, but which may in no case exceed three months from the date of communication.

>Text following EP vote>

The Council, acting by a qualified majority, may take a different decision within the time limit referred to in the previous paragraph.

(Amendment 117)

(Annex I, part 1, column 1, items 7, 21-23 and 28)

>Original text>

Dinickel trioxide

Nickel monoxide

Nickel dioxide

Nickel sulphide

Trinickel disulphide

>Text following EP vote>

Dinickel trioxide (as powder)

Nickel monoxide (as powder)

Nickel dioxide (as powder)

Nickel sulphide (as powder)

Trinickel disulphide (as powder)

(Amendment 69)

Annex I, part 2, column 1, items 4 and 5

>Original text>

4. EXPLOSIVE (where the substance or preparation falls within the definition given in note 2(a))

>Text following EP vote>

4. EXPLOSIVE (where the substance or preparation falls within the definition given in note 2(a))1

>Original text>

5. EXPLOSIVE (where the substance or preparation falls within the definition given in note 2(b))

>Text following EP vote>

5. EXPLOSIVE (where the substance or preparation falls within the definition given in note 2(b))1

>Text following EP vote>

_______________

1 This does not apply to ammunition used for civil purposes.

(Amendment 70)

Annex IVa (new)

>Text following EP vote>

IVa

PRINCIPLES AND CRITERIA FOR PREVENTION OF MAJOR ACCIDENTS AND FOR MEASURES TO BE TAKEN IN THE EVENT OF A MAJOR ACCIDENT

(To be drawn up by the Commission)

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive on the control of major-accident hazards involving dangerous substances (Comah) (COM(94)0004 - C3-0116/94 - 94/0014(SYN))

(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(94)0004 - 94/0014(SYN) ((OJ C 106, 14.4.1994, p. 4.)),

- having been consulted by the Council pursuant to Article 130s(1) of the EC Treaty (C3-0116/94),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on the Environment, Public Health and Consumer Protection and the opinion of the Committee on Economic and Monetary Affairs and Industrial Policy (A4-0082/94),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

4. Instructs its President to forward this opinion to the Council and Commission.