Industrial major-accidents: hazard control, dangerous substances

PURPOSE : to extend the application of the Seveso II Directive, inter alia, so as to include certain activities of the extractive industries. LEGISLATIVE ACT : Directive 2003/105/EC of the European Parliament and of the Council amending Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances. CONTENT : Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (so-called Seveso II Directive) aims at the prevention of major accidents and the limitation of their consequences for man and the environment, with a view to ensuring high levels of protection throughout the Community in a consistent and effective manner. This Directive aims at including certain activities of the extractive industries, including tailings disposal facilities. The principal points are as follows: - mining operations were exempted from the SEVESO II Directive. This Directive provides that any chemical and thermal processing operations, plus storage related to it, which involves Annex I substances would not be exempt from the Directive, even if carried out in connection with mining. The SEVESO II Directive is extended to include operational tailings disposal facilities containing dangerous substances, when used in connection with the chemical and thermal as well as mechanical and physical processing of minerals. However, offshore exploration and exploitation of minerals are not covered. - the Directive addresses the fireworks explosion that occurred in Enschede in May 2000 by ensuring a better definition of explosive and pyrotechnic substances along with a decrease of qualifying quantities for these substances; - following the recommendations of two studies on carcinogens and substances dangerous for the environment, it includes more carcinogenic substances and the lowering of the qualifying quantities for substances toxic to aquatic environment. - following the explosion of the chemical site of AZF that occurred in Toulouse on 21 September 2001, the Directive introduces changes with regard to the definition of and qualifying quantities for ammonium nitrate, land-use planning and information to the public. The legislation creates four classes of ammonium nitrate each having different thresholds and requirements, according to the danger involved in their storage. ENTRY INTO FORCE : 31/12/03. DATE OF TRANSPOSITION : 01/07/05.�