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Council Decision of 1 December 2014 on the position to be taken, on behalf of the European Union, at the Eighth Conference of the Parties to the Convention on the Transboundary Effects of Industrial Accidents with regard to the proposal for an amendment of Annex I to that Convention (2014/871/EU)

In forceVersion 2014-12-01
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Contents
  1. Preamble
    1. Article 1
    2. Article 2
    3. Article 3
  3. DRAFT DECISION AMENDING ANNEX I TO THE CONVENTION Submitted by the Working Group on the Development of the Convention
  4. ANNEX
  5. ANNEX HAZARDOUS SUBSTANCES FOR THE PURPOSES OF DEFINING HAZARDOUS ACTIVITIES Notes: Part I. 1.2.3.4.5.6.7.8.9.10.11.12.13.14.15.16.17.18.19.20.21. Part II. 1a.1b.1c.1d.2a.2b.3.4.5.6.7.8.9.10.11.12.13.14.15.16.17.18.19.20.21.22.23.24.25.26.27.28.29.30.31.32.33.34.35.36.37.38.39.40.41.42.43.44. Categories of substances and mixtures not specifically named in Part II Named substances
  6. ANNEX HAZARDOUS SUBSTANCES FOR THE PURPOSES OF DEFINING HAZARDOUS ACTIVITIES Notes: Part I. 1.2.3.4.5.6.7.8.9.10.11.12.13.14.15.16.17.18.19.20.21. Part II. 1a.1b.1c.1d.2a.2b.3.4.5.6.7.8.9.10.11.12.13.14.15.16.17.18.19.20.21.22.23.24.25.26.27.28.29.30. Categories of substances and mixtures not specifically named in Part II Named substances
  7. Corrigendum 1.2.3.4.

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The Union is a Party to the Convention on the Transboundary Effects of Industrial Accidents done at Helsinki on 17 March 1992 (the Convention).

(2) Annex I to the Convention contains categories and named hazardous substances for the purpose of defining hazardous activities.

(3) In accordance with Article 26(4) of the Convention, any amendment to Annex I to the Convention shall become effective, for those Parties to the Convention which have not notified their objection, 12 months after its communication to the Parties by the Executive Secretary upon its adoption at the Conference of the Parties by a nine-tenths majority of the Parties present and voting at the meeting, provided that at least sixteen Parties have not notified objections.

(4) The text of the proposal for an amendment to Annex I to the Convention was agreed within the Working Group on the Development of the Convention, endorsed by the Bureau of the Convention, and will be proposed for adoption at the Eighth Conference of the Parties taking place in Geneva from 3 to 5 December 2014.

(5) The amendment to Annex I to the Convention would fully align that Annex to Annex I to Directive 2012/18/EU of the European Parliament and of the Council.

(6) The amendment to Annex I to the Convention should therefore be approved.

(7) At the time of the conclusion of the Convention, the Union made reservations concerning the application of the Convention in accordance with the Community's internal rules. Those reservations were based on discrepancies between Annex I to the Convention and the Union legislation in force. Those discrepancies will no longer exist after Annex I to the Convention has been amended. Those reservations should, therefore, be lifted once the amendment to Annex I to the Convention has become effective,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union's behalf at the Eighth Conference of the Parties to the Convention on the Transboundary Effects of Industrial Accidents shall be to support, in substance, the proposed amendment of Annex I to the Convention including the corrigendum thereto as attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to withdraw on behalf of the Union the remaining reservations made pursuant to Decision 98/685/EC subject to the amendment to Annex I to the Convention referred to in Article 1 of this Decision becoming effective pursuant to Article 26(4) of the Convention.

Article 3

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 1 December 2014. For the Council The President B. Lorenzin

DRAFT DECISION AMENDING ANNEX I TO THE CONVENTION Submitted by the Working Group on the Development of the Convention

The Conference of the Parties, Recognizing the need to update the categories of substances and mixtures and the named substances and their threshold quantities, as contained in annex I to the Convention on the Transboundary Effects of Industrial Accidents, for the purposes of introducing the criteria of the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (ST/SG/AC.10/30/Rev.4) and of maintaining consistency with the corresponding European Union legislation, Bearing in mind its decision to undertake a revision of the hazardous substances and their quantities as contained in annex I and its decision 2004/4 on establishing the Working Group on the Development of the Convention, Acknowledging the proposal to amend annex I, drawn up by the Working Group on the basis of a thorough review, Amends annex I to the Convention on hazardous substances for the purposes of defining hazardous activities by replacing it with the text set out in the annex to this decision.

ANNEX

ANNEX HAZARDOUS SUBSTANCES FOR THE PURPOSES OF DEFINING HAZARDOUS ACTIVITIES Notes: Part I. 1.2.3.4.5.6.7.8.9.10.11.12.13.14.15.16.17.18.19.20.21. Part II. 1a.1b.1c.1d.2a.2b.3.4.5.6.7.8.9.10.11.12.13.14.15.16.17.18.19.20.21.22.23.24.25.26.27.28.29.30.31.32.33.34.35.36.37.38.39.40.41.42.43.44. Categories of substances and mixtures not specifically named in Part II Named substances

Category in accordance with the United Nations Globally Harmonized System (GHS) of Classification and Labelling of Chemicals Threshold quantity (metric tons) Acute toxic, Category 1, all exposure routes 20 Acute toxic: 200 Specific Target Organ Toxicity (STOT) — Single Exposure (SE) STOT, Category 1 200 Explosives — unstable explosives or explosives, where the substance, mixture or article falls under Division 1.1, 1.2, 1.3, 1.5 or 1.6 of Chapter 2.1.2 of the GHS criteria or substances or mixtures having explosive properties according to Test series 2 of Part I of the UN Recommendations on the Transport of Dangerous Goods: Manual of Tests and Criteria (Manual of Tests and Criteria) and do not belong to the hazard classes Organic peroxides or Self-reactive substances and mixtures 50 Explosives, where the substance, mixture or article falls under Division 1.4 of Chapter 2.1.2 of the GHS 200 Flammable gases, Category 1 or 2 50 Aerosols, Category 1 or 2, containing flammable gases Category 1 or 2 or flammable liquids Category 1 500 (net) Aerosols, Category 1 or 2, not containing flammable gases Category 1 or 2 nor flammable liquids Category 1 50000 (net) Oxidizing gases, category 1 200 Flammable liquids: 50 Flammable liquids: 200 Flammable liquids, Categories 2 or 3, not covered by 10 and 11 50000 Self-reactive substances and mixtures and organic peroxides: 50 Self-reactive substances and mixtures and organic peroxides: 200 Pyrophoric liquids and solids, Category 1 200 Oxidizing liquids and solids, Category 1, 2 or 3 200 Hazardous to the aquatic environment, Category Acute 1 or Chronic 1 200 Hazardous to the aquatic environment, Category Chronic 2 500 Substances and mixtures which react violently with water, such as acetyl chloride, titanium tetrachloride 500 Substances and mixtures which in contact with water emit flammable gases, Category 1 500 Substances and mixtures which in contact with water liberate toxic gas (substances and mixtures which in contact with water or damp air, evolve gases classified for acute toxicity in category 1, 2 or 3, such as aluminium phosphide, phosphorus pentasulphide) 200 Substance Threshold quantity (metric tons) Ammonium nitrate 10000 Ammonium nitrate 5000 Ammonium nitrate 2500 Ammonium nitrate 50 Potassium nitrate 10000 Potassium nitrate 5000 Arsenic pentoxide, arsenic (V) acid and/or salts 2 Arsenic trioxide, arsenious (III) acid and/or salts 0,1 Bromine 100 Chlorine 25 Nickel compounds in inhalable powder form: nickel monoxide, nickel dioxide, nickel sulphide, trinickel disulphide, dinickel trioxide 1 Ethyleneimine 20 Fluorine 20 Formaldehyde (concentration ≥ 90 %) 50 Hydrogen 50 Hydrogen chloride (liquefied gas) 250 Lead alkyls 50 Liquefied flammable gases, Category 1 or 2 (including liquefied petroleum gas) and natural gas 200 Acetylene 50 Ethylene oxide 50 Propylene oxide 50 Methanol 5000 4, 4′-Methylene bis (2-chloraniline) and/or salts, in powder form 0,01 Methyl isocyanate 0,15 Oxygen 2000 Toluene diisocyanate (2,4 -Toluene diisocyanate and 2,6 -Toluene diisocyanate) 100 Carbonyl dichloride (phosgene) 0,75 Arsine (arsenic trihydride) 1 Phosphine (phosphorus trihydride) 1 Sulphur dichloride 1 Sulphur trioxide 75 Polychlorodibenzofurans and polychlorodibenzodioxins (including tetrachlorodibenzodioxin (TCDD)), calculated in TCDD equivalent 0,001 The following carcinogens or the mixtures containing the following carcinogens at concentrations above 5 % by weight: 4-Aminobiphenyl and/or its salts, Benzotrichloride, Benzidine and/or salts, Bis (chloromethyl) ether, Chloromethyl methyl ether, 1,2-Dibromoethane, Diethyl sulphate, Dimethyl sulphate, Dimethylcarbamoyl chloride, 1,2-Dibromo-3-chloropropane, 1,2-Dimethylhydrazine, Dimethylnitrosamine, Hexamethylphosphorictriamide, Hydrazine, 2- Naphthylamine and/or salts, 4-Nitrodiphenyl, and 1,3 Propanesultone 2 Petroleum products and alternative fuels: 25000 Anhydrous ammonia 200 Boron trifluoride 20 Hydrogen sulphide 20 Piperidine 200 Bis(2-dimethylaminoethyl) (methyl)amin 200 3-(2-Ethylhexyloxy)propylamin 200 Mixtures of sodium hypochlorite classified as Aquatic Acute Category 1 [H400] containing < than 5 % active chlorine and not classified under any of the other hazard categories in Part 1 of annex I. 500 Propylamine 2000 Tert-butyl acrylate 500 2-Methyl-3-butenenitrile 2000 Tetrahydro-3,5-dimethyl-1,3,5,-thiadiazine-2-thione (dazomet) 200 Methyl acrylate 2000 Methylpyridine 2000 Bromo-3-chloropropane 2000

Where a substance or mixture named in Part II also falls within one or more categories in Part I, the threshold quantity given in Part II shall be used. For the identification of hazardous activities, Parties shall take into consideration the actual or anticipated hazardous properties and/or quantities of all hazardous substances present or of hazardous substances which it is reasonable to foresee may be generated during loss of control of an activity, including storage activities, within a hazardous activity.

Category 2, all exposure routes

Category 3, inhalation exposure route

Flammable liquids, Category 1, or

Flammable liquids, Category 2 or 3, maintained at a temperature above their boiling point, or

Other liquids with a flash point ≤ 60 °C, maintained at a temperature above their boiling point

Flammable liquids, Category 2 or 3, where particular processing conditions, such as high pressure or high temperature, may create industrial accident hazards, or

Other liquids with a flash point ≤ 60 °C where particular processing conditions, such as high pressure or high temperature, may create industrial accident hazards

Self-reactive substances and mixtures, Type A or B or

Organic peroxides, Type A or B

Self-reactive substances and mixtures, Type C, D, E or F or

Organic peroxides, Type C, D, E, or F

ANNEX HAZARDOUS SUBSTANCES FOR THE PURPOSES OF DEFINING HAZARDOUS ACTIVITIES Notes: Part I. 1.2.3.4.5.6.7.8.9.10.11.12.13.14.15.16.17.18.19.20.21. Part II. 1a.1b.1c.1d.2a.2b.3.4.5.6.7.8.9.10.11.12.13.14.15.16.17.18.19.20.21.22.23.24.25.26.27.28.29.30. Categories of substances and mixtures not specifically named in Part II Named substances

(a) Gasolines and naphthas;

(b) Kerosenes (including jet fuels);

(c) Gas oils (including diesel fuels, home heating oils and gas oil blending streams);

(d) Heavy fuel oils;

(e) Alternative fuels serving the same purposes and with similar properties as regards flammability and environmental hazards as the products referred to in points (a) to (d)

ANNEX HAZARDOUS SUBSTANCES FOR THE PURPOSES OF DEFINING HAZARDOUS ACTIVITIES Notes: Part I. 1.2.3.4.5.6.7.8.9.10.11.12.13.14.15.16.17.18.19.20.21. Part II. 1a.1b.1c.1d.2a.2b.3.4.5.6.7.8.9.10.11.12.13.14.15.16.17.18.19.20.21.22.23.24.25.26.27.28.29.30.31.32.33.34.35.36.37.38.39.40.41.42.43.44. Categories of substances and mixtures not specifically named in Part II Named substances

Corrigendum 1.2.3.4.

Annex, Part I, item 8 For Aerosols read Aerosols (10) Annex, Part I, item 11, last line For industrial accident hazards read industrial accident hazards (14) Annex, Part II, item 43 For Methylpyridine (31) read 3-Methylpyridine (31) Annex, Notes 13, 15 and 16 For chapter 2.4.2 read chapter 2.6.2

Versions

  1. 2014-12-01