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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)
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)
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)
OJ L 6, 10/01/2009, p. 64–78
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
This document has been published in a special edition(s)
(HR)
⏵This document has been published in a special edition(s)
(HR)
Special edition in Croatian: Chapter 05 Volume 006 P. 228 - 242
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.
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)
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)
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
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:
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:
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:
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.
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.
In force
