IE
S.I. No. 21/1992 - European Communities (Major Accident Hazards of Certain Industrial Activities) (Amendment) Regulations, 1992.
Table of Provisions (29)
Statutory Text (29 Articles)
1. Substances and preparations that are classified as 'very toxic'.
5
20
2. Substances and preparations that are classified as 'very toxic', 'toxic' (4) 'oxydizing' or 'explosive'.
10
200
3. Gaseous substances and preparations including those in liquefied form, which are gaseous at normal pressure and which are classified as 'highly flammable'(5).
50
200
4. Substances and preparations (excluding gaseous substances and preparations covered under item 3 above) which are classified as 'highly flammable' or 'extremely flammable' (6).
5 000
50 000
(1)
Preparations are mixtures or solutions consisting of two or more substances (Directive 79/83 I/EEC).
(2)
The categories of substances and preparations are as defined in the following Directives and their amendments
— Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances,
— Council Directive 73/173/EEC of 4 June 1973 on the approximation of Member States' laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous preparations (solvents),
— Council Directive 77/728/EEC of 7 November 1977 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of paints, varnishes, printing inks, adhesives and similar products,
— Council Directive 78/631/EEC of 26 June 1978 on the approximation of the laws of the Member States relating to the classification, packaging and labelling of dangerous preparations (pesticides),
— Council Directive 88/379/EEC of 7 June 1988 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations.
(3)
Articles 5 (1) (
a
) and 5 (1) (
b
), third indent, apply where appropriate.
(4)
Where the substances and preparations are in a state which gives them properties capable of creating a major-accident hazard.
(5)
This includes flammable gases as defined in Annex IV (
c
) (i).
(6)
This includes highly flammable liquids as defined in Annex IV (
c
) (ii).
".
SCHEDULE B
"NINTH SCHEDULE
ANNEX VII TO COUNCIL DIRECTIVE 82/501/EEC
ITEMS OF INFORMATION TO BE COMMUNICATED TO THE PUBLIC IN APPLICATION OF ARTICLE 8 (1).
(
a
) Name of company and address of site.
(
b
) Identification, by position held, of the person giving the information.
(
c
) Confirmation that the site is subject to the regulations and/or administrative provisions implementing the Directive and that the notification referred to in Article 5 or at least the declaration provided for in Article 9 (3) has been submitted to the competent authority.
(
d
) An explanation in simple terms of the activity undertaken on the site.
(
e
) The common names or, in the case of storage covered by Part II of Annex II, the generic names or the general danger classification of the substances and preparations involved on site which could give rise to a major accident, with an indication of their principal dangerous characteristics.
(
f
) General information relating to the nature of the major-accident hazards, including their potential effects on the population and the environment.
(
g
) Adequate information on how the population concerned will be warned and kept informed in the event of an accident.
(
h
) Adequate information on the actions the population concerned should take, and on the behaviour they should adopt, in the event of an accident.
(i) Confirmation that the company is required to make adequate arrangements on site, including liaison with the emergency services, to deal with accidents and to minimize their effects.
(
j
) A reference to the off-site emergency plan drawn up to cope with any off-site effects from an accident. This should include advice to co-operate with any instructions or requests from the emergency services at the time of an accident.
(
k
) Details of where further relevant information can be obtained, subject to the requirements of confidentiality laid down in national legislation.".
GIVEN under my Official Seal this 27th day of January, 1992.
MICHAEL O'KENNEDY,
Minister for Labour.
EXPLANATORY NOTE.
The purpose of these Regulations is to implement Council Directive 88/610/EEC and give further effect to Council Directive 82/501/EEC on the major accident hazards of certain industrial activities. Council Directive 82/501/EEC was implemented by the European Communities (Major Accident Hazards of Certain Industrial Activities), Regulations, 1986 (
S.I. No. 292 of 1986
).
The Regulations prescribe that in situations where an industrial activity is being carried on which could cause a major accident, local competent authorities, irrespective of whether the activity is in their functional area or not, draw up an off-site emergency plan to deal with potential incidents which might affect the population or the environment in their functional area. In addition the Regulations allow for the phased implementation of Directive 88/610/EEC for manufactureres coming under the requirements of Regulations 12 to 18 of the 1986 Regulations 12 to 18 of the Regulations for the first time.
5. Ammonium nitrate
(1)
350
2500
6. Ammonium nitrate in the form of fertilizers
(2)
1 250
10 000
7. Sodium chlorate
25
250
8. Oxygen
200
2000
9. Sulphur trioxide
15
100
10. Carbonyl chloride (Phosgene)
0,750
0,750
11. Hydrogen sulphide
5
50
12. Hydrogen fluoride
5
50
13. Hydrogen cyanide
5
20
14. Carbon disulphide
20
200
15. Bromine
50
500
16. Acetylene
5
50
17. Hydrogen
5
50
18. Ethylene oxide
5
50
19. Propylene oxide
5
50
20. 2-Propenal (Acrolein)
20
200
21. Formaldehyde (concentration ≥ 90%)
5
50
22. Bromomethane (Methyl bromide)
20
200
23. Methyl isocyanate
0,150
0,150
24. Tetraethyl lead or tetramethyl lead
5
50
25. 1,2 Dibromoethane(Ethylene dibromide)
5
50
26. Hydrogen chloride (liquefied gas)
25
250
27. Diphenyl methane di-isocyanate (MDI)
20
200
28. Toluene di-isocyanate (TDI)
10
100
(1)
This applies to ammonium nitrate and mixtures of ammonium nitrate where the nitrogen content derived from the ammonium nitrate is greater than 28% by weight and aqueous solutions of ammonium nitrate where the concentration of ammonium nitrate is greater than 90% by weight.
(2)
This applies to straight ammonium nitrate fertilizers which comply with Directive 80/876/EEC and to compound fertilizers where the nitrogen content derived from the ammonium nitrate is greater than 28% by weight (a compound fertilizer contains ammonium nitrate together with phosphate and/or potash).
PART II
CATEGORIES OF SUBSTANCES AND PREPARATIONS NOT SPECIFICALLY NAMED IN PART I
The quantities of different substances and preparations
(1)
of the same category are cumulative. Where there is more than one category specified in the same entry, the quantities of all substances and preparations of the specified categories in that entry must be summed up.
Categories of substances and preparations (2)
Quantity (tonnes) ≥
for application of Articles 3 and 4
for application of Article 5
(3)
S.I. No. 21 of 1992.
EUROPEAN COMMUNITIES (MAJOR ACCIDENT HAZARDS OF CERTAIN INDUSTRIAL ACTIVITIES) (AMENDMENT) REGULATIONS, 1992.
I, MICHAEL O'KENNEDY, Minister for Labour, in exercise of the powers conferred on me by
Section 3
of the
European Communities Act, 1972
(No. 27 of 1972), and for the purpose of giving further effect to Council Directive 82/501/EEC of 24 June 1982
(1)
, and giving effect to Council Directive 88/610/EEC of 24th November, 1988
(2)
, hereby make the following Regulations
(1)
O.J. No. L230 of 5.8.1982, pp. 1-18.
(2)
O.J. No. L336 of 7. 12. 1988, p.p. 14 -18.