S.I. No. 194/1989 - European Communities (Major Accident Hazards of Certain Industrial Activities) (Amendment) Regulations, 1989.

S.I. No. 194 of 1989.

EUROPEAN COMMUNITIES (MAJOR ACCIDENT HAZARDS OF CERTAIN INDUSTRIAL ACTIVITIES) (AMENDMENT) REGULATIONS, 1989.

I, BERTIE AHERN, Minister for Labour, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive 87/216/EEC of 19th March, 1987¹ and giving further effect to Council Directive 82/501/EEC of 24 June, 1982², hereby make the following regulations:

1. (1) These Regulations may be cited as the European Communities (Major Accident Hazards of Certain Industrial Activities) (Amendment) Regulations, 1989.

(2) The Principal Regulations and these Regulations may be cited together as the European Communities (Major Accident Hazards of Certain Industrial Activities) Regulations, 1986 and 1989.

2. (1) In these Regulations "the Principal Regulations" means the European Communities (Major Accident Hazards of Certain Industrial Activities) Regulations, 1986 ( S.I. No. 292 of 1986 ).

(2) (a) The Safety, Health and Welfare at Work Act, 1989 (No. 7 of 1989), shall be construed and have effect as if these Regulations were an existing enactment within the meaning of "existing enactments" contained in section 2 (1) of that Act and set out in Part II of the Second Schedule of that Act.

(b) Nothing in subparagraph (a) of this paragraph shall be construed as creating an indictable offence in respect of these Regulations.

3. In Regulation 3 (1) of the Principal Regulations, the definition of "the Directive" shall be construed and have effect as if the reference therein to Council Directive 82/501/EEC of 24 June, 1982¹ were a reference to that Directive as amended by Council Directive 87/216/EEC of 19 March, 1987².

¹O.J. No. L85, 28.3.1987, pp. 36-39.

²O.J. No. L230, 5.8.1982, pp. 1-18.

4. Regulation 7 of the Principal Regulations is hereby amended by the substitution of the following paragraph for paragraph (e):

"(e) any establishment whose principal function is the disposal of toxic or dangerous waste and which is the subject of a permit under Regulation 5 of the European Communities (Toxic and Dangerous Waste) Regulations, 1982 ( S.I. No. 33 of 1982 ), where the precautions specified in the permit for the purposes of paragraph (2) (c) of that Regulation relate, in whole or in part, to the prevention of major accidents at that establishment."

5. In respect of those industrial activities to which the provisions of Regulations 12 to 18 of the Principal Regulations would not have applied prior to the commencement of these Regulations but to which they do apply after such commencement by virtue of Regulation 6 of these Regulations, the Principal Regulations shall, in their application to those industrial activities, be construed as if—

(a) In Regulation 3 thereof, the references in paragraph (a) of the definition of "new industrial activity" to the commencement of the Principal Regulations were references to the commencement of these Regulations;

(b) in Regulation 12 (2) thereof, the reference to a new industrial activity begun within six months of the commencement of the Principal Regulations were a reference to a new industrial activity begun within six months of the commencement of these Regulations;

(c) in Regulation 12 (3) thereof, the reference to the 8th day of July, 1989, were a reference to the 24th day of March, 1992, and the reference to within three months of the commencement of the Principal Regulations were a reference to within three months of the commencement of these Regulations;

¹O.J. No. L230, 5.8.1982, pp. 1-8.

²O.J. No. L85, 27.3.1987, pp. 36-39.

(d) in Regulation 15 (2) thereof, the reference to within the period of three months after the commencement of the Principal Regulations were a reference to within the period of three months after the commencement of these Regulations;

(e) in Regulation 17 (4) thereof, the reference to within the period of nine months after the commencement of the Principal Regulations were a reference to within the period of nine months after the commencement of these Regulations; and

(f) in Regulation 18 (5) thereof, the reference to within the period of 12 months after the commencement of the Principal Regulations were a reference to within the period of 12 months after the commencement of these Regulations.

6. For the purpose of giving effect to Council Directive 87/216/EEC, the First, Second and Third Schedules to the Principal Regulations (which Schedules set out Annex I, Annex II and Annex III, respectively, to Council Directive 82/501/EEC) are hereby amended—

(a) in accordance with the provisions set out in the Schedule to these Regulations (which Schedule sets out the provisions of the Annex to Council Directive 87/216/EEC),

(b) by the insertion of the words "(as amended by Council Directive 87/216/EEC)" after the words "Council Directive 82/501/EEC" in the heading to each Schedule.

SCHEDULE

Amendment to the First, Second and Third Schedules (which set out Annex I, Annex II and Annex III, respectively, to Council Directive 82/501/EEC) to the Principal Regulations for the purpose of giving effect to Article 1 of Council Directive 87/216/EEC (which amendments are set out in the Annex to that Directive).

1. Annex I.

Industrial Installations Within the Meaning of Article 1.

(a) In point 1, first indent, 'Installations for the production or processing of organic or inorganic chemicals using for this purpose, in particular:' is replaced by the following:

"Installations for the production, processing or treatment of organic or inorganic chemicals using for this purpose, amongst others:';

(b) In point 1, second indent, 'Installations for the processing of organic and inorganic chemical substances, using for this purpose, in particular:' is deleted, and the rest of this indent becomes part of the first indent;

(c) Point 4, 'Installations for the production or processing of energy gases, for example, LPG, LNG, SNG, is replaced by the following:

'Installations for the production, processing or treatment of energy gases, for example, LPG, LNG, SNG'.

2. Annex II.

Storage at Installations other than those Covered by Annex I ('Isolated Storage').

(a) Footnotes 1 and 2 are deleted, together with the references to them in the text itself.

(b) The quantities of the substance chlorine are replaced by the following:

(c) The designation and the quantities of the substance ammonium nitrate are replaced by the following:

¹This applies to ammonium nitrate and mixtures of ammonium nitrate where the nitrogen content derived from the ammonium nitrate is > 28% by weight and to aqueous solutions of ammonium nitrate where the concentration of ammonium nitrate is > 90% by weight.

²This applies to straight ammonium nitrate fertilizers which comply with Directive 80/876/EEC and to compound fertilizers where the nitrogen content derived from the ammonium nitrate is > 28% by weight (a compound fertilizer contains ammonium nitrate together with phosphate and/or potash).

(d) The following substance is added:

3. Annex III.

List of Substances for the Application of Article 5.

(a) Footnote 1 is deleted.

(b) The quantity of Substance No. 15 'Carbonyl chloride (Phosgene)' is replaced by the following quantity:

750 kilograms

(c) The quantity of substance No. 16 'Chlorine' is replaced by the following quantity:

25 tonnes

(d) The quantity of substance No. 36 'Methyl isocyanate' is replaced by the following quantity:

150 kilograms

(e) The designation and quantity of substance No. 118 'Cobalt (powders and compounds)' are replaced by the following:

(f) The designation and quantity of substance No. 119 'Nickel (powders and compounds)' are replaced by the following:

(g) The designation and quantity of substance No. 146 'Ammonium nitrate' are replaced by the following:

¹This applies to ammonium nitrate and mixtures of ammonium nitrate where the nitrogen content derived from the ammonium nitrate is > 28% by weight and aqueous solutions of ammonium nitrate where the concentration of ammonium nitrate is > 90% by weight.

²This applies to straight ammonium nitrate fertilizers which comply with Directive 80/876/EEC and to compound fertilizers where the nitrogen content derived from the ammonium nitrate is > 28% by weight (a compound fertilizer contains ammonium nitrate together with phosphate and/or potash).

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(h) The quantity of substance No. 148 'Sulphur dioxide' is replaced by the following quantity:

250 tonnes

(i) The following substance is added:

(j) The following substance is added:

GIVEN under my Official Seal, this 28th day of July, 1989.

BERTIE AHERN,

Minister for Labour.

EXPLANATORY NOTE.

The purpose of these Regulations is to implement Council Directive 87/216/EEC which amended for the first time Council Directive 82/501/EEC on the major accident hazards of certain industrial activities. Council Directive 82/501/EEC was implemented by the European Communities (Major Accident Hazards of Certain Industrial Activities) Regulations, 1986 ( S.I. No. 292 of 1986 ).

The Regulations amend the definition of industrial processes to make it clear that the list of processes is merely intended to be indicative and not exclusive.

The Regulations adjust the thresholds whereby certain substances attract the notification requirements of the Principal Regulations and more closely define some substances so as to better reflect the hazards posed.

The Regulations extend the definition of those activities deemed to be particularly dangerous to cover industrial processes and storage involving sulphur trioxide and industrial processes involving liquid oxygen.