Änderungen vergleichen: 2009/10/EC: Commission Decision of 2 December 2008 establishing a major accident report form pursuant to Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances (notified under document number C(2008) 7530) (Text with EEA relevance)
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COMMISSION DECISION
of 2 December 2008
establishing a major accident report form pursuant to Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances
(notified under document number C(2008) 7530)
(Text with EEA relevance)
(2009/10/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 involving dangerous substances(1), and in particular Article 15(2) thereof,
After consulting the Committee established by Article 22 of the Directive,
Whereas:
(1) Article 14 of Directive 96/82/EC requires the Member States to ensure that, as soon as practicable following a major accident, the operator shall be required to inform the competent authorities. Article 15(1) of the Directive requires the Member States to inform the Commission as soon as practicable of major accidents within their territory meeting the criteria of Annex VI to the Directive. Article 15(2) of the Directive provides that the Member States shall, as soon as the information pursuant to Article 14 has been collected, inform the Commission of their analysis of the accident and recommendations on future preventive measures.
(2) The information required pursuant to Article 15(2) has to be provided using a report form established and kept under review in accordance with the procedure referred to in Article 22 of the Directive.
(3) The measures envisaged in this Decision are in accordance with the opinion of the Committee established by Article 22 of the Directive,
HAS ADOPTED THIS DECISION:
Article 1
For the purposes of Article 15(2) of Directive 96/82/EC on the control of major-accident hazards involving dangerous substances, the major accident report form set out in the Annex to this Decision is hereby adopted.
Article 2
With effect from 1 December 2008, the Member States shall provide reports containing information in accordance with the Annex, using the register and information system pursuant to Article 19(2) of Directive 96/82/EC.
Article 3
The definitive application of the major accident report form set out in the Annex shall be preceded by a test phase of 5 months, starting on 1 December 2008.
Article 4
If the test phase shows the necessity to amend the major accident report form set out in the Annex, the present Decision shall be amended in accordance with the procedure laid down in Article 22 of the Directive.
Article 5
Confidential information shall be handled in accordance with Commission Decision 2001/844/EC, ECSC, Euratom of 29 November 2001 amending its internal rules of procedures(2).
Article 6
Member States’ reports shall only contain the information available to the competent authorities.
Article 7
This Decision is addressed to the Member States.
Done at Brussels, 2 December 2008.
For the Commission
Stavros
DIMAS
Member of the Commission
(1)
OJ L 10, 14.1.1997, p. 13
.
(2)
OJ L 317, 3.12.2001, p. 1
.
ANNEX
Information to be provided in accordance with Article 15(2) of Directive 96/82/EC
(Where reference is made to the register and information system, this is the Commission’s Major Accident Reporting System electronic database, available at http://mahbsrv.jrc.it)
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COMMISSION DECISION
of 2 December 2008
establishing a major accident report form pursuant to Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances
(notified under document number C(2008) 7530)
(Text with EEA relevance)
(2009/10/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 involving dangerous substances (1), and in particular Article 15(2) thereof,
After consulting the Committee established by Article 22 of the Directive,
Whereas:
(1) Article 14 of Directive 96/82/EC requires the Member States to ensure that, as soon as practicable following a major accident, the operator shall be required to inform the competent authorities. Article 15(1) of the Directive requires the Member States to inform the Commission as soon as practicable of major accidents within their territory meeting the criteria of Annex VI to the Directive. Article 15(2) of the Directive provides that the Member States shall, as soon as the information pursuant to Article 14 has been collected, inform the Commission of their analysis of the accident and recommendations on future preventive measures.
(2) The information required pursuant to Article 15(2) has to be provided using a report form established and kept under review in accordance with the procedure referred to in Article 22 of the Directive.
(3) The measures envisaged in this Decision are in accordance with the opinion of the Committee established by Article 22 of the Directive,
HAS ADOPTED THIS DECISION:
Article 1
For the purposes of Article 15(2) of Directive 96/82/EC on the control of major-accident hazards involving dangerous substances, the major accident report form set out in the Annex to this Decision is hereby adopted.
Article 2
With effect from 1 December 2008, the Member States shall provide reports containing information in accordance with the Annex, using the register and information system pursuant to Article 19(2) of Directive 96/82/EC.
Article 3
The definitive application of the major accident report form set out in the Annex shall be preceded by a test phase of 5 months, starting on 1 December 2008.
Article 4
If the test phase shows the necessity to amend the major accident report form set out in the Annex, the present Decision shall be amended in accordance with the procedure laid down in Article 22 of the Directive.
Article 5
Confidential information shall be handled in accordance with Commission Decision 2001/844/EC, ECSC, Euratom of 29 November 2001 amending its internal rules of procedures (2).
Article 6
Member States’ reports shall only contain the information available to the competent authorities.
Article 7
This Decision is addressed to the Member States.
Done at Brussels, 2 December 2008.
For the Commission
Stavros DIMAS
Member of the Commission
(1)
OJ L 10, 14.1.1997, p. 13
.
(2)
OJ L 317, 3.12.2001, p. 1
.
ANNEX
Information to be provided in accordance with Article 15(2) of Directive 96/82/EC
(Where reference is made to the register and information system, this is the Commission’s Major Accident Reporting System electronic database, available at http://mahbsrv.jrc.it)
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I. ACCIDENT PROFILE
1 ACCIDENT PROFILE
Information on the place, date and time of the major accident, the name and type of the establishment and information on the reporting authority
1.1 Date/time of major occurrence
Start date:
Start time:
Finish date:
Finish time:
1.2 Accident title
A simple sentence explaining what happened or why the accident is being reported
1.3 Reporting authority (confidential (*))
Name and address:
1.4 Authority contact (confidential (*))
Name:
Telephone:
Fax:
E-mail:
1.5 Accident type
Selected from:
major accident
near miss
other event
1.6 Reported under
Selected from:
EU Seveso I Directive
EU Seveso II Directive
OECD
UN-ECE
EU Seveso II Directive and OECD
EU Seveso II Directive + UN-ECE
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1.7 Seveso status
Selected from:
Art. 6 (Notification) and Art. 7 (MAPP)
Art. 9 (Safety Report)
Not known/not applicable
1.8 Industrial activity
Information about the industrial activity of the plant, selected from a pre-defined list on the database.
1.9 Plant information (confidential (*))
Name:
Address:
1.10 Reasons for reporting
Selected from:
substances involved: greater than 5 % of quantity in Column 3 of Annex I
injury to persons: ≥ 1 fatalities, ≥ 6 hospitalising injuries, etc.
immediate damage to the environment (according to Annex VI)
damage to property: on-site ≥ EUR 2 M, off-site ≥ EUR 0,5 M
cross-border damage: transboundary accidents
interesting for lessons’ learning
1.11 Affected neighbouring countries
Names of the neighbouring countries affected, if any, selected from a pre-defined list on the database.
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II. ACCIDENT REPORT
1 ACCIDENT DESCRIPTION
A clear and detailed description of the accident clarifying the type of accident, e.g. release, fire, explosion, etc. and illustrating the circumstances leading up to it, including general information such as the time of day, the weather, etc. and any other relevant information. Information about what people were doing (operations being carried out) and where they were in relation to the accident should also be provided.
1.1 Description (free text)
1.2 Accidents involving
Selected from:
domino effects
natech events
transboundary effects
contractors
1.3 Did the accident involve a release?
Yes (if yes, information in section 1.3.1 should be provided)
No (please go to 1.4)
1.3.1 Major occurrences/initiating events
Information about the type of release, distinguishing between main occurrences and initiating events, selected from:
gas/vapour/mist/etc. release to air
fluid release to ground
fluid release to water
solid release to air
solid release to ground
solid release to water
not known/not applicable
1.4 Did the accident involve a fire?
Yes (if yes, information in section 1.4.1 should be provided)
No (please go to 1.5)
1.4.1 Major occurrences/initiating events
Information about the type of fire involved, distinguishing between main occurrences and initiating events, selected from:
conflagration (a general engulfment fire)
pool fire (burning pool of liquid, contained or uncontained)
jet flame (burning jet of fluid from orifice)
flash fire (burning vapour cloud, subsonic flame front)
fireball (burning mass rising in air, often after BLEVE)
not known/not applicable
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1.5 Did the accident involve an explosion?
Yes (if yes, information in section 1.5.1 should be provided)
No (please go to 1.6)
1.5.1 Major occurrences/initiating events
Information about the type of explosion involved, distinguishing between main occurrences and initiating events, selected from:
pressure burst (rupture of pressure system)
BLEVE (boiling liquid expanding vapour explosion)
rapid phase-transition explosion (rapid change of state)
runaway reaction explosion (usually exothermic)
dust explosion
explosive decomposition (of unstable material)
VCE (vapour cloud explosion; supersonic wave front)
not known/not applicable
1.6 Did the accident involve transport?
Yes (if yes, information in 1.6.1 should be provided)
No (please go to 1.7)
1.6.1 Major occurrences/initiating events
Information about the type of transport involved, distinguishing between main occurrences and initiating events, selected from:
road
rail
water (sea, river, etc.)
air
1.7 Details if other type of accident not covered above (free text)
2 SITE AND INSTALLATION DESCRIPTION
Information about the area where the accident occurred.
2.1 Site description
A general description of the industrial activities taking place on the site
2.2 Installation/unit description
More specific information about the installation involved, including some detail of the system(s) or component(s)
2.3 Did the accident involve storage?
Yes (if yes, information in sections 2.3.1 and 2.3.2 should be provided)
No (please go to 2.4)
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2.3.1 Major occurrences/initiating events
Information about the type of storage, distinguishing between main occurrences and initiating events, selected from:
distribution associated (not on site of manufacture)
process associated (stockholding, etc., on site of manufacture)
2.3.2 Equipment type
Information about the type of equipment that failed, selected from:
container; non-pressurised (hopper, tank, drum, bag, etc.)
container; pressurised (bullet, sphere, cylinder, etc.)
container; non-ambient temperature (refrigerated or heated)
free placement (unconfined pile, stack, etc.; if bagged or in cylinders, ...)
other
2.4 Did the accident involve process?
Yes (if yes, information in sections 2.4.1 and 2.4.2 should be provided)
No (please go to 2.5)
2.4.1 Major occurrences/initiating events
Information about the type of process, distinguishing between main occurrences and initiating events, selected from:
chemical batch reaction
chemical continuous reaction
electrochemical operation
physical operations (mixing, melting crystallising, etc.)
power generation (burning fuel, etc.)
treating/use for treatment (stenching, preserving, etc.)
disposal activities (incinerating, burying, etc.)
heat exchanger (boiler, refrigerator, heating coils, etc.)
other
2.4.2 Equipment type
Information about the type of equipment that failed, selected from:
reaction vessel; non-pressurised
reaction vessel; pressurised
other
2.5 Did the accident involve transfer?
Yes (if yes, information in sections 2.5.1 and 2.5.2 should be provided)
No (please go to 2.6)
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2.5.1 Major occurrences/initiating events
Information about the type of transfer, distinguishing between main occurrences and initiating events, selected from:
loading/unloading activities (transfer interfaces)
mechanical transfer (conveyors, etc.)
pipeline/pipework transfer
vehicular transport
other
2.5.2 Equipment type
Information about the type of equipment that failed, selected from:
valves/controls/monitoring devices/drain cocks
general pipework/flanges
power source (engine, compressor, etc.)
other transfer equipment/apparatus/vehicle
other
2.6 Did the accident involve transport?
Yes (if yes, information in sections 2.6.1 and 2.6.2 should be provided)
No (please go to 2.7)
2.6.1 Major occurrences/initiating events
Information about the type of transport, distinguishing between main occurrences and initiating events, selected from:
packaging (bagging, cylinder filling, drum filling, etc.)
other
2.6.2 Equipment type
Information about the type of equipment that failed, selected from:
machinery/equipment (pump, filter, column separator, mixer, etc.)
power source (engine, compressor, etc.)
other
2.7 Details if other type of equipment not covered above (free text)
3 SUBSTANCES INVOLVED
A description of the substances involved in the accident that are either notified or notifiable for the establishment under Article 6 and classified according to Annex I to the Directive. As well as the name, the CAS number and estimates of the quantities of the most important dangerous substances involved (or potentially involved), any relevant information on their characteristics should be included, e.g. whether liquid, powder, etc., and whether they are ‘raw materials’, ‘on-site intermediates’, ‘normal finished products’ or ‘possible abnormal products’.
3.1 Description
Information about the substances involved and their characteristics
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3.2 Substance classification
Identification of the classification of the substance(s) selected from a pre-defined list on the database based on Annex I, Part 2 to the Directive.
3.3 CAS number
3.4 Quantity directly involved (tonnes)
3.5 Quantity potentially involved (tonnes)
4 CAUSES OF THE ACCIDENT
A detailed description of the nature of the failure (human, technical, etc.), subtype of error, intervention, malfunction, etc., together with an indication of how certain the identification of the causes is (preliminary analysis, root cause analysis, etc.). There should also clearly be a distinction made between immediate and underlying causes of an accident.
4.1 Description (free text)
4.2 Did the cause involve plant or equipment failure?
Yes (if yes, information in section 4.2.1 should be provided)
No (please go to 4.3)
4.2.1 Causative factor
Information about the type of plant or equipment failure involved, selected from:
vessel/container/containment-equipment failure
component/machinery failure/malfunction
loss of process control
corrosion/fatigue
instrument/control/monitoring-device failure
runaway reaction
unexpected reaction/phase-transition
blockage
electrostatic accumulation
other
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4.3 Did the cause involve human error?
Yes (if yes, information in section 4.3.1 should be provided)
No (please go to 4.4)
4.3.1 Causative factor
Information about the type of human error involved, selected from:
operator error
operator health (includes ailments, intoxication, death, etc.)
wilful disobedience/failure to carry out duties
malicious intervention
other
4.4 Did the cause involve organisational failure?
Yes (if yes, information in section 4.4.1 should be provided)
No (please go to 4.5)
4.4.1 Causative factor
Information about the type of organisational failure involved, selected from:
management organisation inadequate
management attitude problem
organised procedures
training/instruction
supervision
staffing
process analysis
design of plant/equipment/system
user-unfriendliness (apparatus, system, etc.)
manufacture/construction
installation
isolation of equipment/system
maintenance/repair
testing/inspecting/recording
other
4.5 Did the cause involve external factors/failures?
Yes (if yes, information in section 4.5.1 should be provided)
No (please go to 4.6)
4.5.1 Causative factor
Information about the type of external factors/failure involved, selected from:
natural event (weather, temperature, earthquake, etc.)
domino-effect from other accident
transport accident
struck by object
utilities failure (electricity, gas, water, steam, air, etc.)
establishment safeguarding/security deficiency
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4.6 Details if other type of cause not covered above (free text)
5 CONSEQUENCES
A detailed description of the consequences of the accident, including as much quantitative information as possible (X number of persons injured, Y % of local flora destroyed, Z km of river polluted, etc.). A clear distinction should be made between on-site and off-site effects.
5.1 Description (free text)
5.2 Did the accident involve harm to humans?
Yes (if yes, information in sections 5.2.1, 5.2.2 and 5.2.3 should be provided)
No (please go to 5.3)
5.2.1 On-site/off-site
Information about where the effects were, selected from:
on-site
off-site
5.2.2 Human
Information about type of harm to humans, selected from:
at risk
fatalities
injuries
other
5.2.3 Quantity/effect for each selected human consequence (free text)
5.3 Did the accident involve harm to the environment?
Yes (if yes, information in sections 5.3.1, 5.3.2 and 5.3.3 should be provided)
No (please go to 5.4)
5.3.1 On-site/off-site
Information about where the effects were, selected from:
on-site
off-site
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5.3.2 Environmental
Information about the type of environmental consequences, selected from:
inland: urban development
inland: rural development
inland: parkland/commonland
inland: grassland/pasture/meadow
inland: arable land/crops/vineyards/orchards
inland: woodland; predominantly or totally plantation
inland: woodland; predominantly or totally natural
inland: moor/heathland/upland vegetation
inland: marsh/reedbeds
freshwater: freshwater reservoir
freshwater: pond/lake
freshwater: stream/tributary
freshwater: river
shore: salt-marsh/mud-flats
shore: sand/dunes/dune slacks
shore: shingle beach
shore: rocky shore
offshore: saline lagoon
offshore: estuary
offshore: sea/seabed
other
5.3.3 Quantity/effect for each selected environmental consequence (free text)
5.4 Did the accident involve material loss or damage to the plant?
Yes (if yes, information in sections 5.4.1, 5.4.2 and 5.4.3 should be provided)
No (please go to 5.5)
5.4.1 On-site/off-site
Information about where the effects were, selected from:
on-site (establishment losses)
off-site (social costs)
5.4.2 Cost
Information about the type of cost consequences selected from:
material losses
response, clean-up, restoration costs
other
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5.4.3 Quantity/effect for each selected cost consequence (free text)
5.5 Did the accident involve community disruption?
Yes (if yes, information in sections 5.5.1, 5.5.2 and 5.5.3 should be provided)
No (please go to 6)
5.5.1 On-site/off-site
Information about where the effects were, selected from:
on-site
off-site
5.5.2 Disruption
Information about the type of facilities affected, selected from:
nearby residences, hotels
nearby factories, offices, small shops
schools, hospitals, institutions
other places of public assembly
utilities (gas, water, electricity, etc.)
infrastructure (telecommunication, roads, railways, waterways, air transport, etc.)
other
5.5.3 Quantity/effect for each selected disruption consequence (free text)
6 EMERGENCY RESPONSE
A description of the measures taken in response to the accident with regard to: on-site systems, external services, sheltering, evacuation, contamination, restoration and other. Details on the extent, duration, exact type of measures taken or envisaged, as well as on their effectiveness should be included. A clear distinction should be made between on-site and off-site measures. In particular, where available, the following information should be provided: numbers and types of rescuers involved and whether these were appropriate to the circumstances; and details of any health or environmental monitoring or special restoration/clean-up needed/carried out. Any safety systems that existed in the plant and did not prevent the accident from occurring should be described in section 4 (Causes of the accident).
6.1 Description (free text)
6.2.1 Emergency response measures
Information about the type of measure, selected from:
on-site systems
off-site external services
sheltering
evacuation
other
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6.2.2 Quantity/effect for each of the selected emergency response measures (free text)
6.3.1 Remedial measures
Information about the type of measure, selected from:
decontamination
restoration
other
6.3.2 Quantity/effect for each of the selected remedial measures (free text)
7 LESSONS LEARNED
A description of any practical, organisational or other lessons learned on the prevention of the accident or the mitigation of the consequences. Detailed information on the exact nature of the lessons learned, and whether any of them were already implemented or are going to be implemented in the future should be provided.
7.1 Theme of the lessons learned
Information about the type of theme, selected from:
causes — plant/equipment
causes — human
causes — organisational
causes — external
emergency response
other
7.2 Description (free text)
8 ATTACHMENT SECTION
This section is reserved for attaching documents: reports, pictures/photos, maps, etc. in order to provide more information that can be made publicly available and would help to explain what happened in the accident.
Attach files: including file name, size and description.
8.1 File description (free text)
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9 CONFIDENTIAL (*) SECTION
This section is for confidential reports and other information that should not be made publicly available, in accordance with Article 20 of the Seveso II Directive (on confidential information) and with Directive 2003/4/EC on public access to environmental information.
Includes file attachment: file name, size and description.
9.1 Description (free text)
9.2 File description (free text)
(*) Justification for this classification shall be provided.
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