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41 - Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (OJ L 010 14.01.1997 p. 13)

from PART VIII - Dangerous substances

Published online by Cambridge University Press:  06 January 2010

Philippe Sands
Affiliation:
University College London
Paolo Galizzi
Affiliation:
Imperial College of Science, Technology and Medicine, London
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Summary

Editorial note

Directive 96/82 of 9 December 1996, as amended, is aimed at the prevention of major accidents involving hazardous substances and the limitation of their consequences (Article 1). The Directive applies to establishments where dangerous substances are present in the quantities it specifies (Article 2(1)). Exclusions to the application of the Directive are provided in Article 4. The operator of an establishment or installation subject to the provisions of the Directive is obliged to take all measures necessary to prevent major accidents and to limit their consequences for man or the environment and is required to prove to the competent authority that he has taken all the measures necessary (Article 5). The operator is to send to the competent authority the notifications specified under Article 6. Operators must establish a major-accident prevention policy and ensure its implementation (Article 7). Operators are to produce a safety report (Article 9) and establish emergency plans (Article 11). Member States are to ensure that the objectives of the Directive are taken into account in their land-use policies, through controlling the siting of new establishments, modifications to existing establishments and new developments such as transport links, locations frequented by the public and residential areas in the vicinity of existing establishments. In the long term, such policies should ensure that appropriate distances between hazardous establishments and residential areas are maintained (Article 12).

Information on safety measures and on the requisite behaviour in case of an accident shall be supplied regularly to all persons liable to be affected by a major accident (Article 13).

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Publisher: Cambridge University Press
Print publication year: 2006

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