Consolidated version as of 01/04/2016
GOVERNMENT OF THE REPUBLIC OF LITHUANIA
RESOLUTION NO. 966
ON
THE APPROVAL OF THE REGULATIONS ON PREVENTION OF, RESPONSE TO AND INVESTIGATION OF INDUSTRIAL ACCIDENTS, AND THE LIST OF DANGEROUS SUBSTANCES AND MIXTURES, THE DESCRIPTION OF ESTABLISHED QUALIFYING QUANTITIES AND CRITERIA FOR CLASSIFYING SUBSTANCES AND MIXTURES AS DANGEROUS
17 August 2004
Vilnius
In accordance with Article 2(25) and Article 29 of the Law on Civil Protection of the Republic of Lithuania and Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC (OJ 2012 L 197, clause 1), the Government of the Republic of Lithuania has resolved:
1. To approve the following attached documents:
2. To establish that:
2.1. By 1 June 2016:
2.1.1. The operator of a hazardous establishment, whose previous classification (of a lower or upper tier) is not affected by the requirements of the Regulations on Prevention of, Response to and Investigation of Industrial Accidents approved by this resolution (hereinafter referred to as the existing hazardous establishment), shall submit an amended hazardous establishment notification to the competent authority and update the accident prevention plan of the hazardous establishment, while the operator of an existing upper-tier hazardous establishment shall additionally update the safety report of the hazardous establishment and the internal emergency plan as well as submit the safety report or the amended sections thereof to the competent authority, while the information necessary for making the external emergency plan shall be submitted to the administrative director of the municipality where the hazardous establishment is located, and if the consequences of an accident in the hazardous establishment might impact more than one municipality, the operator shall also notify the administrative director(s) of the respective municipality (municipalities);
2.1.2. The operator of a lower-tier hazardous establishment that becomes an upper-tier hazardous establishment, or vice versa, the operator of an upper-tier hazardous establishment that becomes a lower-tier hazardous establishment, shall submit an amended hazardous establishment notification to the competent authority and update the accident prevention plan of the hazardous establishment;
2.2. By 1 June 2017, the operator of a lower-tier hazardous establishment that becomes an upper-tier hazardous establishment and the owner or manager of the site of operation that becomes an upper-tier hazardous establishment shall prepare a safety report and the internal emergency plan of the hazardous establishment and submit the safety report to the competent authority, while the information necessary for making the external emergency plan shall be submitted to the administrative director of the municipality where the hazardous establishment is located, and if the consequences of an accident in the hazardous establishment might impact more than one municipality, the operator shall also notify the administrative director(s) of the respective municipality (municipalities);
2.3. The provisions of paragraphs 2.1.1 and 2.1.2 of this resolution shall not apply if the operator, prior to the day when this resolution came into force, had already submitted the hazardous establishment notification, had made the accident prevention plan of the hazardous establishment, submitted a safety report of the hazardous establishment, approved the internal emergency plan and provided the information necessary for making an external emergency plan, and if the information contained in these documents fulfils the requirements of clauses 9, 14, 19 and section V respectively of the Regulations on Prevention of, Response to and Investigation of Industrial Accidents approved by this resolution.
Minister of Agriculture,
Substituting for the Prime Minister Jeronimas Kraujelis
Minister of Justice,
Substituting for the Minister of the Interior Vytautas Markevičius
APPROVED BY
Resolution No. 966 as of 17 August 2004
of the Government of the Republic of Lithuania
(version of resolution No. 517 as of 27 May 2015
of the Government of the Republic of Lithuania)
GENERAL PROVISIONS
1. The Regulations on Prevention of, Response to and Investigation of Industrial Accidents (hereinafter referred to as the Regulations) regulate the prevention, response to and investigation of major industrial accidents (hereinafter referred to as the accident) as well as the inspection of safe use of hazardous establishments, the protection of the population and the environment in case of an accident, consultations with the public and provision of information on hazardous establishments.
2. Requirements of the Regulations apply to hazardous establishments where the quantities of dangerous substances, which are actually present in the hazardous establishment, anticipated to be present, or may be reasonably foreseen to be generated during loss of control of the processes, including storage activity, in any installation within the hazardous establishment, match or exceed the qualifying quantities specified in Table 1 “Categories of Dangerous Substances” or Table 2 “List of Dangerous Substances” in the List of Dangerous Substances and Mixtures, the Description of Established Qualifying Quantities and Criteria for Classifying Substances and Mixtures as Dangerous approved by resolution No. 966 “On the Approval of the Regulations on Prevention of, Response to and Investigation of Industrial Accidents, and the List of Dangerous Substances and Mixtures, the Description of Established Qualifying Quantities and Criteria for Classifying Substances and Mixtures as Dangerous” of the Government of the Republic of Lithuania as of 17 August 2004 (hereinafter referred to as the resolution). The hazardous establishments are lower-tier or upper-tier.
3. The Regulations shall not apply to:
3.3. The transport of dangerous substances by road, rail, internal waterways, sea or air, and directly related intermediate temporary storage outside the establishments covered by the Regulations, including loading and unloading and transport to and from other means of transport at docks, wharves or marshalling yards;
3.4. The transport of dangerous substances in pipelines, including pumping stations, outside the territories of hazardous establishments covered by the Regulations;
3.7. The storage of gas at underground offshore sites including both dedicated storage sites and sites where exploration and exploitation of minerals, including hydrocarbons, are also carried out;
4. Notwithstanding exceptions specified in paragraphs 3.5. and 3.8 of the Regulations, onshore underground gas storage in natural strata, aquifers, salt cavities and disused mines and chemical and thermal processing operations and storage related to those operations which involve dangerous substances, as well as operational tailings disposal facilities, including tailing ponds or dams, containing dangerous substances shall be included within the scope of the Regulations.
5. Definitions used in the Regulations:
5.1. An upper-tier hazardous establishment – a hazardous establishment where the quantity of dangerous substances matches the qualifying quantity specified in Table 1 “Categories of Dangerous Substances” or Table 2 “List of Dangerous Substances” in the List of Dangerous Substances and Mixtures, the Description of Established Qualifying Quantities and Criteria for Classifying Substances and Mixtures as Dangerous approved by the resolution, when upper-tier requirements are imposed, or exceeds it (the quantity is calculated, if applicable, by applying the summation rule specified in clause 9 of the List of Dangerous Substances and Mixtures, the Description of Established Qualifying Quantities and Criteria for Classifying Substances and Mixtures as Dangerous).
5.2. The external emergency plan of an upper-tier hazardous establishment (hereinafter referred to as the external emergency plan) – a document approved by the administrative director of a municipality which regulates the concentration and management of material and human resources and provides for actions and measures to be taken to deal with the consequences of an accident outside the territory of an upper-tier hazardous establishment.
5.3. The internal emergency plan of an upper-tier hazardous establishment (hereinafter referred to as the internal emergency plan) – a document approved by the operator of an upper-tier hazardous establishment which regulates the concentration and management of material and human resources and provides for actions and measures to be taken in the hazardous establishment in case of an emergency or accident.
5.4. Neighbouring hazardous establishment – a hazardous establishment which is located so close to another hazardous establishment that the risk of an accident is consequently higher or the consequences of an accident become more severe.
5.5. Other hazardous establishment – a site of operation that becomes a hazardous establishment, or a lower-tier hazardous establishment that becomes an upper-tier hazardous establishment, or vice versa, an upper-tier hazardous establishment that becomes a lower-tier hazardous establishment due to reasons other than those indicated in the definition of a “new hazardous establishment” which are beyond the control of the operator (for example, if the hazard classification of a dangerous substance changes).
5.6. A new hazardous establishment shall be:
5.6.1. A hazardous establishment under construction or in the planning stage or a hazardous establishment subject to the requirements of the Regulations since the start of operation; or
5.6.2. A site of operation that becomes a hazardous establishment, or a lower-tier hazardous establishment that becomes an upper-tier hazardous establishment, or vice versa, an upper-tier hazardous establishment that becomes a lower-tier hazardous establishment due to a planned modification of the hazardous establishment installations or as a result of planned activity that leads to changes in the inventory of dangerous substances.
5.7. Emergency services of a hazardous establishment – services or forces of a hazardous establishment for dealing with emergencies or accidents in the establishment.
5.8. Hazardous establishment inspection (hereinafter referred to as inspection) – the actions (including site visits, check of measures implemented in the hazardous establishment, systems and reports, as well as follow-up documents of the hazardous establishment and, if necessary, repeated follow-up) of the Fire and Rescue Department under the Ministry of the Interior of the Republic of Lithuania (hereinafter referred to as the competent authority), the state supervisory and control authorities and the administrative director of the municipality where the hazardous establishment is located, which are intended to check the compliance of the hazardous establishment with the requirements of the Regulations as well as to encourage compliance.
5.9. Storage of dangerous substances - keeping a certain quantity of dangerous substances for the purpose of warehousing, depositing in safe custody or in stock.
5.10. Hazard - the threat posed by a property of a dangerous substance or the situation to the population and (or) the environment.
5.11. Risk - the likelihood of negative impact within a certain period of time or in certain circumstances.
5.12. Special services – police, fire and rescue, ambulance, gas, electricity grids service and other services that may be called upon to deal with accidents and their consequences in a hazardous establishment and (or) outside it.
5.13. The public concerned – a part of the public that is affected or likely to be affected by decisions specified in clause 48 of the Regulations or having an interest in taking of these decisions. In accordance with this definition, associations and other public legal entities established in accordance with legal acts (except legal entities established by the state or municipality and their institutions) that promote environmental protection are considered to have an interest.
5.14. State supervisory and control authorities – the environmental protection departments in regions, the State Labour Inspectorate of the Republic of Lithuania under the Ministry of Social Security and Labour (hereinafter referred to as the State Labour Inspectorate), its territorial divisions, the State Energy Inspectorate under the Ministry of Energy (hereinafter referred to as the State Energy Inspectorate) and its territorial divisions, the National Public Health Centre under the Ministry of Health, the State Railway Inspectorate under the Ministry of Transport, the Administration of Civil Aviation, the Lithuanian Maritime Safety Administration, its subordinate institutions authorised by the competent authority.
5.15. The public – one or more natural persons and (or) legal entities; associations, organisations or groups of persons or entities.
5.16. A lower-tier hazardous establishment – a hazardous establishment where the quantity of dangerous substances matches the qualifying quantity specified in Table 1 “Categories of Dangerous Substances” or Table 2 “List of Dangerous Substances” in the List of Dangerous Substances and Mixtures, the Description of Established Qualifying Quantities and Criteria for Classifying Substances and Mixtures as Dangerous approved by the resolution, when lower-tier requirements are imposed, or exceeds it, but does not exceed the qualifying quantities specified in the aforementioned tables when upper-tier requirements are imposed (the quantity is calculated, if applicable, by applying the summation rule specified in clause 9 of the List of Dangerous Substances and Mixtures, the Description of Established Qualifying Quantities and Criteria for Classifying Substances and Mixtures as Dangerous).
5.17. Other definitions used in the Regulations are defined in the Law on Civil Protection of the Republic of Lithuania, the Law on Environmental Protection of the Republic of Lithuania, the Law of the Republic of Lithuania on Territorial Planning and the Law of the Republic of Lithuania on Environmental Impact Assessment of the Proposed Economic Activity.
6. The operator shall be responsible for the safe use and safety control of hazardous establishments; the operator shall be obligated:
6.1. To ensure the safe use of a hazardous establishment and to take necessary steps to prevent accidents and limit their consequences for the population and the environment;
6.2. In case of an accident, to immediately take necessary steps to localise and deal with the accident in the hazardous establishment;
6.3. To implement the measures of accident prevention and response, to set up structures and management systems that will ensure the protection of the population and the environment;
6.4. To provide the competent authority, the state supervisory and control authorities, and the administrative director of the municipality where the hazardous establishment is located with the information specified in the Regulations (or equivalent information that fulfils the requirements of the Regulations and was prepared in accordance with other national legal acts or legal acts of the European Union), related to the safety of the hazardous establishment and proving that the operator has implemented all crucial measures to ensure that the hazardous establishment is used safely.
7. The competent authority, in order to ensure the effectiveness of accidents prevention, response and investigation:
7.2. It shall share the best practices and experience of applying supervisory actions on the basis of risk assessment and ensuring the supervision and safety of hazardous establishments with the state supervisory and control authorities and the administrative director of the municipality where the hazardous establishment is located; it shall also encourage the aforementioned institutions to share relevant experience; it shall participate in systems for exchanging experience and consolidating knowledge at the level of the European Union;
7.3. It shall organise, coordinate and carry out the inspections of hazardous establishments of the Republic of Lithuania;
7.4. In accordance with the Procedure of Submitting Reports Related to the Implementation of the Legal Acts of the European Union Regarding the Environment Sector to the European Commission, which was approved by resolution No. 388 as of 7 April 2004 “On Approval of the Procedure of Submitting Reports Related to the Implementation of the Legal Acts of the European Union Regarding the Environment Sector to the European Commission and the European Chemicals Agency and Providing Information for the Reports to the European Environment Agency” of the Government of the Republic of Lithuania, it shall submit reports to the European Commission;
7.5. If the competent authority thinks that a dangerous substance does not pose the hazard of accidents, it shall notify the European Commission of this together with supporting justification, including the information that is necessary for evaluating the properties of the respective dangerous substance that may pose a threat to health, a physical threat and an environmental threat. This information shall include:
7.5.1. A detailed list of properties that must be known in order to evaluate the potential of a dangerous substance to cause physical harm, harm to health or the environment;
7.5.2. Physical and chemical properties (for example, relative molecular mass, saturated vapour pressure, inherent toxicity, boiling point, reactivity, viscosity, solubility and other relevant properties);
7.5.3. Properties that pose a threat to health and cause physical hazard (for example, reactivity, flammability, toxicity and additional factors such as mode of attack on the body, injury to fatality ratio, long-term effects, and other properties as relevant);
7.5.4. Environmental hazard properties (for instance, ecotoxicity, persistence, bio-accumulation, potential for long-range environmental transport, and other properties as relevant);
THE HAZARDOUS ESTABLISHMENT NOTIFICATION
8. The operator shall prepare and submit a notification or a revised notification of a hazardous establishment (hereinafter referred to as the notification) to the competent authority within the following periods:
8.1. If new hazardous establishments are reported - at least 6 months in advance:
8.2. If other hazardous establishments are reported – within one year from the day when the site of operation becomes a hazardous establishment or a lower-tier hazardous establishment becomes an upper-tier hazardous establishment, or vice versa, an upper-tier hazardous establishment becomes a lower-tier hazardous establishment.
9. The following data must be included in the notification:
9.2. The exact address of the hazardous establishment and the name of the hazardous establishment, if applicable;
9.3. The code of the operator in the Register of Legal Entities and the head office of the operator;
9.4. The name, surname, and job title of the person who manages the hazardous establishment, if it is not the person specified in paragraph 9.1 of the Regulations;
9.5. Information required for identifying present or anticipated to be present dangerous substances and their hazard category;
9.6. The quantity and the physical form of dangerous substances, data about installations where the substances are stored (the name and type of the container, other available and relevant information);
9.7. A description of the processes of current or anticipated activity in the installations and warehouses of the hazardous establishment;
9.8. The environment of the hazardous establishment, the factors that might cause an accident or aggravate its consequences, including, if available, information on neighbouring hazardous establishments, other objects, territories, and developments that might pose or increase the risk of an accident or domino effect or cause more severe consequences;
10. The competent authority, upon receiving a notification of a new or other hazardous establishment, shall provide the administrative director of the municipality where the hazardous establishment is located (and if the consequences of an accident in the hazardous establishment might impact more than one municipality, the competent authority shall also notify the administrative director(s) of the respective municipality (municipalities) and provide information specified in paragraphs 9.1–9.4 of the Regulations and information on present or anticipated to be present dangerous substances located in the hazardous establishment as well as their quantities.
Upon receiving information on the significant changes in quantity of a dangerous substance, the significant changes of its physical form or nature in the hazardous establishment, when this has significant consequences for accident hazard or when as a result of such changes a lower-tier hazardous establishment becomes an upper-tier hazardous establishment, or vice versa, an upper-tier hazardous establishment becomes a lower-tier hazardous establishment, as well as information on anticipated closure or exploitation termination of a hazardous establishment, the competent authority shall inform the administrative director of the municipality where the hazardous establishment is located, and if the consequences of an accident in the hazardous establishment might impact more than one municipality, the competent authority shall also inform the administrative director(s) of the respective municipality (municipalities) about these changes.
11. If the operator intends to restructure or modernise the hazardous establishment or its installations, including storage, and technological processes, to change the quantity of a dangerous substance, its physical form or nature, if this could have significant consequences for accident hazard or if as a result of such modification a lower-tier hazardous establishment becomes an upper-tier hazardous establishment, or vice versa, an upper-tier hazardous establishment becomes a lower-tier hazardous establishment, or the operator plans to close the hazardous establishment down or terminate its exploitation, and in cases when changes of information specified in paragraphs 9.1–9.4 of the Regulations are anticipated, the operator shall inform the competent authority about the planned modification in advance, at least one month prior to the anticipated modification.
12. In cases provided for in paragraph 8.1 and clause 11 of the Regulations, the operator shall provide the relevant information in free format. In the case stipulated in paragraph 8.2 of the Regulations as well as after the modification provided for in clause 11 of the Regulations have been implemented, the operator shall provide information to the competent authority according to the procedure stipulated in the Provisions of the Register of National and Hazardous Establishments, which were approved by resolution No. 1386 of the Government of the Republic of Lithuania “On Approval of the Provisions of the Register of National and Hazardous Establishments” as of 8 November 2000.
THE ACCIDENT PREVENTION PLAN OF THE HAZARDOUS ESTABLISHMENT
13. The operator shall prepare an accident prevention plan of the hazardous establishment (hereinafter referred to as the accident prevention plan) – a written document detailing the accident prevention policy of the hazardous establishment (hereinafter referred to as the accident prevention policy) within the following periods:
13.1. If new hazardous establishments are reported - at least 3 months in advance:
13.2. If other hazardous establishments are reported – within one year from the day when the site of operation becomes a hazardous establishment or a lower-tier hazardous establishment becomes an upper-tier hazardous establishment, or vice versa, an upper-tier hazardous establishment becomes a lower-tier hazardous establishment.
14. The operator shall ensure that the accident prevention policy is implemented properly. The policy shall guarantee a high level of protection of the population and the environment, it shall be proportional to the hazard of accidents of the hazardous establishment and include the general goals and activity principles of the operator, the role of management in improving the control of the hazard of accidents and ensuring a high level of protection as well as the obligation to constantly work towards this goal.
15. The accident prevention plan shall be submitted upon request to the competent authority, the state supervisory and control authorities, and the administrative director of the municipality where the hazardous establishment is located.
16. The operator shall review the accident prevention policy at least every 5 years and update the accident prevention plan, if necessary.
17. In order to implement the accident prevention policy, the operator shall ensure proper measures, organisational structure and a safety management system that correspond to the accidents hazard of the hazardous establishment and the complexity of its organisation or activity carried out in it, in accordance with the elements specified in Annex 2 of the Regulations. In lower-tier hazardous establishments, the operator may ensure other measures of implementing the accident prevention policy of the hazardous establishment, which would be suitable for ensuring the safe use of the hazardous establishment by taking into consideration the hazard of an accident, as well as organisational structure and a safety management system by taking into consideration the elements and aspects of a safety management system specified in Annex 2 of the Regulations.
18. If the operator intends to restructure or modernise the hazardous establishment or its installations, including storage, and technological processes, to change the quantity of a dangerous substance, its physical form or nature, if this could have significant consequences for accident hazard or if as a result of such modification a lower-tier hazardous establishment becomes an upper-tier hazardous establishment, or vice versa, an upper-tier hazardous establishment becomes a lower-tier hazardous establishment, the operator shall review the accident prevention policy and the safety management system and update them, if necessary. The operator, before starting the anticipated modifications, shall inform the competent authority about the update in writing.
THE SAFETY REPORT OF THE HAZARDOUS ESTABLISHMENT
19. The operator of an upper-tier hazardous establishment shall prepare a safety report of the hazardous establishment (hereinafter referred to as the safety report), which shall include information and data specified in Annex 1 of the Regulations, and shall submit 4 copies of the safety report to the competent authority, while the competent authority shall send a copy of the safety report to the State Environmental Protection Service, the State Labour Inspectorate, and the State Energy Inspectorate within 5 business days. The safety report may be submitted on electronic data storage devices. The safety report shall include the following:
19.1. Proof that the accident prevention policy and the safety management system intended to implement it operate according to the accident prevention plan approved by the operator;
19.2. Proof that potential hazards of accidents and accident scenarios were identified and necessary steps were taken to avoid accidents and to limit their consequences for the population and the environment;
19.3. Proof that the safety and reliability principle was properly implemented during design, construction, exploitation, and maintenance of installations, warehouses, their equipment, and infrastructure related to exploitation in cases of potential hazard of accidents and that sufficient steps were taken to ensure the mechanical resistance and stability of structures;
19.4. Proof that the internal emergency plan is ready and that the information necessary for making the external emergency plan was submitted to the administrative director of the municipality where the hazardous establishment is located, and if the consequences of an accident in the hazardous establishment might impact more than one municipality, that the administrative director(s) of the respective municipality (municipalities) was (were) notified as well;
20. The operator shall be obligated to provide the competent authority with a safety report, an updated safety report, or updated sections of it according to the procedure stipulated in clause 19 of the Regulations, within the following periods:
20.1. In case of new hazardous establishments, at least 6 months in advance:
20.2. In case of other hazardous establishments, within two years from the day when the site of operation or a lower-tier hazardous establishment becomes an upper-tier hazardous establishment;
21. The State Environmental Protection Service, the State Labour Inspectorate and the State Energy Inspectorate, within 2 months from the day of receiving a prepared safety report or a safety report or parts thereof that were updated in cases stipulated in clause 23 or 26 of the Regulations and within 20 business days from the day of receiving a corrected safety report that was re-submitted according to paragraph 22.1 of the Regulations, an updated safety report, updated sections thereof or additional information, shall submit their conclusions to the competent authority.
22. The competent authority, upon receiving the conclusions specified in clause 21 of the Regulations, within 3 months from the day of receiving a prepared safety report or a safety report or parts thereof that were updated as per clause 23 or 26 of the Regulations and within 30 business days from the day of receiving a corrected safety report that was re-submitted according to paragraph 22.1 of the Regulations, an updated safety report, updated sections thereof or additional information:
22.1. Shall give the operator a summary of conclusions in writing, if necessary, specify a deadline by which the operator is obligated to provide the competent authority with a corrected safety report, a corrected updated safety report or corrected sections thereof, or additional information in 4 copies, which the competent authority shall send to the State Environmental Protection Service, the State Labour Inspectorate, and the State Energy Inspectorate within 5 business days;
23. The safety report shall be revised and, if necessary, the safety report or sections thereof shall be updated:
24. If in the case laid down in paragraph 23.1 of the Regulations it is determined that it is not necessary to update a reviewed safety report, the operator shall immediately inform the competent authority in writing about these results of reviewing the safety report.
25. The operator who submits a safety report, an updated safety report, or updated sections thereof may ask the competent authority not to disclose the information of certain sections of the safety report regarding the hazardous establishment to requesting persons if these sections contain data that correspond to the cases stipulated in the Procedure for the Provision of Environmental Information of the Republic of Lithuania to the Public, which was approved by Resolution No. 1175 as of 22 October 1999 of the Government of the Republic of Lithuania “On the Approval of the Procedure for the Provision of Environmental Information of the Republic of Lithuania to the Public” (hereinafter referred to as the Procedure for the Provision of Information).
26. If the operator intends to restructure or modernise the hazardous establishment or its installations, including storage, and technological processes, to change the quantity of a dangerous substance, its physical form or nature, if this could have significant consequences for accident hazard or if as a result of such modification a lower-tier hazardous establishment becomes an upper-tier hazardous establishment, or vice versa, an upper-tier hazardous establishment becomes a lower-tier hazardous establishment, the operator shall review the safety report and update the report or parts thereof, if necessary. The operator, before beginning the planned modifications, shall provide the competent authority with an updated safety report or sections thereof in 4 copies, which the competent authority shall send to the State Environmental Protection Service, the State Labour Inspectorate and the State Energy Inspectorate within 5 business days.
ACCIDENT RESPONSE
27. The operator of an upper-tier hazardous establishment, in consultation (consultation results shall be recorded by using the method selected by the operator) with the working staff, including subcontractors’ employees who have worked in the hazardous establishment for a year or longer, shall prepare and, after negotiations with special services and state supervisory and control authorities, with whom it is necessary to discuss certain actions or measures provided for in the internal emergency plan, and the administrative director of the municipality where the hazardous establishment is located, shall approve the internal emergency plan that describes the steps that must be taken in case of an accident inside the hazardous establishment. Extracts from the approved internal emergency plan (on paper and in electronic format) shall be submitted to the special services and state supervisory and control authorities that took part in discussing the plan.
28. The operator of an upper-tier hazardous establishment shall submit the internal emergency plan, the safety report, and other information necessary for preparing the external emergency plan to the administrative director of the municipality where the hazardous establishment is located, and if the consequences of an accident in the hazardous establishment might impact more than one municipality, to the administrative director(s) of the respective municipality (municipalities) as well.
29. Internal emergency plans shall be approved and information that is necessary for making the external emergency plan shall be submitted to the administrative director of the municipality where the hazardous establishment is located, and if the consequences of an accident in the hazardous establishment might impact more than one municipality, to the administrative director(s) of the respective municipality (municipalities) as well, within the following periods:
29.1. In case of new hazardous establishments, at least 6 months in advance:
30. The administrative director of the municipality where the hazardous establishment is located, and if the consequences of an accident in the hazardous establishment might impact more than one municipality, the administrative director(s) of the respective municipality (municipalities) shall announce the preliminary public discussion of the draft external emergency plan in the press according to the procedure established by them and shall discuss the plan with the public concerned as well as with the special services and the state supervisory and control authorities, with whom it is necessary to discuss certain actions or measures provided for in the external emergency plan, and within one year after receiving the information necessary for making external emergency plans, the administrative directors shall approve the plan and provide for measures to be taken outside the territory of the hazardous establishment. A copy of the approved external emergency plan (on paper or in electronic format) shall be submitted to the operator of the upper-tier hazardous establishment, and the extracts shall be sent to the authorities that participated in the discussion of the plan.
31. Internal and external emergency plans are made for the following purposes:
31.1. To limit and control accidents, to minimise their consequences and harm to the population and the environment;
31.3. To provide the public as well as the special services and the authorities of the state and the municipalities with essential information;
32. Internal and external emergency plans must contain information specified in Annex 3 of the Regulations.
33. The administrative director of the municipality where the hazardous establishment is located, and if the consequences of an accident in the hazardous establishment might impact more than one municipality, the administrative director(s) of the respective municipality (municipalities) shall prepare the external emergency plan and guarantee the effectiveness of accident response measures by taking into consideration the need to ensure the effective cooperation of all civil protection system entities and military units.
34. By taking into consideration the information presented in the safety report as well as other information, the administrative director of the municipality where the hazardous establishment is located, and if the consequences of an accident in the hazardous establishment might impact more than one municipality, the administrative director(s) of the respective municipality (municipalities), if they specify the reasons for such a decision, they may decide not to make an external emergency plan, if the consequences of an accident at a hazardous establishment would not spread beyond the boundaries of the territory of the hazardous establishment or if the threat of potential consequences to the population and (or) the environment would not cause the administrative director of a municipality to take action to deal with the accident consequences outside the territory of the hazardous establishment. This decision shall be discussed with the competent authority.
35. Internal and external emergency plans shall be periodically revised, tested and, if necessary, updated at least every three years in accordance with changes that occurred in the respective hazardous establishment or in special services, and new technical knowledge and new information about responding to accidents. The changes of the internal and external emergency plans shall be discussed with the special services and the state supervisory and control authorities if the changes are related to the actions or measures prescribed by those special services and state supervisory and control authorities. If the external emergency plan needs to be fundamentally changed, the administrative director of the municipality where the hazardous establishment is located, and if the consequences of an accident in the hazardous establishment might impact more than one municipality, the administrative director(s) of the respective municipality (municipalities) shall update the external emergency plans after announcing the preliminary public discussion of the draft external emergency plan in the press according to the procedure established by them and shall discuss the plan with the public concerned.
DOMINO EFFECT
37. By taking into consideration the notifications and safety reports submitted by operators or the additional information received after the competent authority submitted a request, or the information discovered during inspections carried out in accordance with Section XI of the Regulations, the competent authority shall identify hazardous establishments or groups thereof where the risk or the consequences of accidents may increase as a result of the domino effect (cumulative effect occurring when one event causes another event or a sequence of events in a different location) caused by the geographical location of hazardous establishments, their proximity to one another, and dangerous substances located inside.
38. If the competent authority has information that supplements the data specified in paragraph 9.8 of the Regulations that were submitted by the operator of the hazardous establishment identified according to clause 37 of the Regulations, the competent authority shall give this information to the operator.
39. Operators of hazardous establishments identified according to clause 37 of the Regulations shall be obligated:
39.1. To exchange necessary information to ensure that the nature and the extent of potential accidents are taken into consideration in the accident prevention plans, safety management systems, safety reports and internal emergency plans;
39.2. To cooperate by providing information to the public, to nearby objects that fall outside the scope of the Regulations, to the administrative director of the municipality where the hazardous establishment is located, and if the consequences of an accident in the hazardous establishment might impact more than one municipality, to the administrative director(s) of the respective municipality (municipalities), who make external emergency plans.
THE PLANNING OF TERRITORIES WHERE HAZARDOUS ESTABLISHMENTS ARE LOCATED OR PLANNED
40. The siting of a new hazardous establishment, significant modifications in an existing hazardous establishment as well as new developments (transport routes, buildings and areas of public use, residential areas and others located near hazardous establishments) shall be planned according to the Law of the Republic of Lithuania on Territorial Planning in order to ensure that:
40.1. The new hazardous establishment is built or modifications of an existing hazardous establishment are made to guarantee that the hazardous establishment does not pose a threat to other hazardous establishments, residential areas, heavy traffic roads, buildings of public use, territories and recreational areas;
40.2. New developments (transport routes, buildings and areas of public use, residential areas and other structures located near hazardous establishments) are carried out while ensuring the protection from possible accidents as the risk of accidents due to construction or its location may increase or the consequences of an accident may become more severe;
40.3. The siting of a hazardous establishment shall be carried out while keeping in mind the necessity of urgently evacuating the employees and other persons from the hazardous establishment and other areas located around the planned hazardous establishment; local nature, terrain, and prevailing winds must also be taken into consideration.
41. The competent authority shall give the planning conditions to the territory planning organiser and shall hold consultations with the author of the territory planning document according to the information that is provided in the safety report of an upper-tier hazardous establishment regarding the risk posed by the establishment; the competent authority shall have the right to demand, for territory planning purposes, that the operator of a lower-tier hazardous establishment provide information on the risk associated with the establishment.
42. Requirements laid down in clauses 40–41 of the Regulations shall apply without prejudice to the strategic environmental assessment carried out according to the procedure established by the Government or the environmental impact assessment of the proposed economic activity if during the preparatory stage of drafting the territorial planning document it is decided to carry out this assessment.
INFORMATION ON SAFETY MEASURES
43. Operators of hazardous establishments shall provide information specified in Annex 4 of the Regulations to the administrative director of the municipality where the hazardous establishment is located, and if the consequences of an accident in the hazardous establishment might impact more than one municipality, to the administrative director(s) of the respective municipality (municipalities) and to the competent authority as well. The operators shall update the information as necessary as well as after making the modifications stipulated in clauses 18 and 26 of the Regulations and shall submit it to the administrative director of the municipality where the hazardous establishment is located, and if the consequences of an accident in the hazardous establishment might impact more than one municipality, to the administrative director(s) of the respective municipality (municipalities), and to the competent authority as well. These authorities shall publish the information submitted by the operators on their websites. This information must be accessible to the public at all times.
44. Operators of upper-tier hazardous establishments:
44.1. In the most suitable way and without a separate request shall provide the population who are likely to be affected by a possible accident, the managers of public buildings and areas (including schools and hospitals) that are located in a possibly hazardous area, the operators of neighbouring hazardous establishments, if any, with clear and comprehensible information defined in Annex 4 of the Regulations regarding safety measures and behaviour in case of an accident;
45. Information specified in clause 44.1 of the Regulations shall be reviewed every year and updated, if necessary. Information shall also be reviewed and updated as necessary after making modifications stipulated in clauses 18 and 26 of the Regulations. Updated information shall be re-submitted to the entities specified in paragraph 44.1 of the Regulations immediately, and if there was no need to update it during yearly reviews, at least every 5 years.
46. If the safety report and the inventory of dangerous substances located in the hazardous establishment contain data that corresponds to the exceptions specified in clause 97 of the Regulations, the operator, upon obtaining the approval of the competent authority, shall be allowed not to disclose certain parts of these documents to the public and shall submit a partially altered safety report, for example, a non-technical summary of the report. The summary shall include general information on the hazards of an accident and the potential effects of an accident on the population and the environment.
47. If there is a possibility that if an accident occurs in an upper-tier hazardous establishment, its negative consequences might spread to neighbouring countries, the competent authority shall be obligated to provide the countries that are at risk with the necessary information that will allow them to take the necessary steps. In the case specified in clause 34 of the Regulations, the competent authority shall inform the neighbouring country that may be affected by the negative consequences of an accident in the hazardous establishment about the decision not to draw up the external emergency plan made by the administrative director of the municipality where the hazardous establishment is located or which might suffer from the consequences of an accident in the hazardous establishment.
PUBLIC CONSULTATION AND PARTICIPATION IN DECISION-MAKING REGARDING THE SITING OF NEW HAZARDOUS ESTABLISHMENTS, SIGNIFICANT MODIFICATION OF HAZARDOUS ESTABLISHMENTS OR NEW DEVELOPMENTS IN THE VICINITY OF HAZARDOUS ESTABLISHMENTS
48. The public concerned, in accordance with the procedure stipulated in the Law of the Republic of Lithuania on Territorial Planning and the Law of the Republic of Lithuania on Environmental Impact Assessment of the Proposed Economic Activity, shall be given an opportunity to express its opinion on decisions regarding the siting of new hazardous establishments and significant modification of a hazardous establishment, if as a result of such modification it is decided to revise the detailed plan and to carry out the environmental impact assessment of proposed economic activity, or decisions regarding the new developments in the vicinity of hazardous establishments, if the siting or developments may lead to an increased risk of accidents or the consequences of an accident may become more severe; in addition, it shall be ensured that the public receives information, including documents drafted during the process of territorial planning or the environmental impact assessment of proposed economic activity and other materials related to the decisions, about the aforementioned projects at all stages of the process of assessing territorial planning and the environmental impact assessment of proposed economic activity.
49. Other information on the environment, which is not specified in clause 48 of the Regulations and is available to the authorities or intended for them, shall be given to the public concerned in accordance with the procedure stipulated in the Procedure for the Provision of Information.
50. If the competent authority, which participates in the process of assessing the environmental impact of territorial planning and proposed economic activity, determines that the consequences of an accident in an upper-tier hazardous establishment specified in clause 48 of the Regulations might spread to neighbouring countries, shall inform the public that as soon as the safety report of the new hazardous establishment is received or the revised safety report of the existing hazardous establishment is revised, information specified in clause 47 of the Regulations shall be provided. After submitting the necessary information to the affected countries, the competent authority shall inform the public about this fact within 5 business days after the information had been submitted. The competent authority shall publish this information on its official website.
51. When general plans of territorial planning that are used to implement decisions related to the siting of new hazardous establishments or constructing new developments in the vicinity of hazardous establishments, if the siting or construction characteristics may lead to an increased risk of accidents or the consequences of an accident may become more severe, are drawn up, amended or revised, the public shall be informed, consulted, and given the right to participate in decision-making according to the procedure stipulated in the Regulations on Public Information, Consultation and Participation in Decision-Making on Territorial Planning approved by Resolution No. 1079 as of 18 September 1996 of the Government of the Republic of Lithuania “On Approval of the Regulations on Public Information, Consultation and Participation in Decision-Making on Territorial Planning”.
INFORMATION PROVISION AND ACTIONS IN CASE OF AN ACCIDENT
53. In case of an accident matching the criteria specified in Annex 5 of the Regulations, the operator, in accordance with the procedure of sharing information regarding an event, emergency event or an emergency established by the Minister of the Interior, shall provide the following information on the event or the accident:
53.5. Available data for assessment of the effects of the event or accident on the health of the population, the environment, and property;
53.7. Measures that were taken and emergency services of the hazardous establishment and special services that were called upon;
54. The submitted information shall be updated by the operator if new facts are ascertained that change the previous information or conclusions; the information shall be immediately transferred to the competent authority verbally or in written form.
55. The competent authority shall be obligated to do the following in case of an accident:
55.1. To ensure that all necessary urgent, medium-term (implemented within one year) and long-term (when implementation takes more than one year) measures are taken;
55.2. To check, investigate or use different methods to collect information necessary for investigating the technical, organisational, and management issues of the accident;
56. In case of an accident whose extent and consequences match the criteria specified in Annex 5 of the Regulations, the competent authority shall provide the European Commission with information and specify the following data:
56.1. The name of the Republic of Lithuania, the name and the head office of the competent authority;
56.2. The date, time, and location of the accident, the name, if applicable, of the hazardous establishment where the accident took place, the head office and the name, surname or company name of the operator;
56.3. A brief description of the circumstances of the accident, the dangerous substances involved, and the direct effect of the dangerous substances on the health of the population, the environment, and property;
56.4. A brief description of measures that were taken to deal with the accident and preventive measures to be taken immediately;
57. After collecting the information specified in clause 56 of the Regulations, the competent authority shall immediately, within a period of one year since the accident, submit the information to the European Commission. If within the set period of one year it is only possible to submit the preliminary information specified in clause 56 of the Regulations, the competent authority shall update this information as soon as the final conclusions and recommendations of the committee (specified in clause 76 of the Regulations) that was investigating the accident that occurred in the hazardous establishment become available. The competent authority may delay the submission of this information only for a period of time that is necessary to complete the ongoing legal procedures, if the submission of information might have any impact on them.
58. The European Commission shall also receive information on the names and head offices of companies, agencies, institutions or organisations that may have information on accidents and hold consultations with the competent authorities of the member states of the European Union that participate in dealing with such accidents and investigating them.
INSPECTIONS AND THE PROHIBITION OF USE OF A HAZARDOUS ESTABLISHMENT
59. The safe use of hazardous establishments shall be checked by:
59.1. The competent authority, the state supervisory and control authorities, and the administrative director of the municipality where the hazardous establishment is located according to inspection schedules and the inspections programme created in advance by the competent authority and approved by the state supervisory and control authorities and the administrative director of the municipality where the hazardous establishment is located (hereinafter referred to as the scheduled inspection);
60. The inspections programme shall contain the following information:
60.5. List of hazardous establishments where certain external sources of risk or hazard could increase the risk of accidents or make the consequences more severe during their exploitation;
61. Lower-tier hazardous establishments must be inspected at least every 3 years according to the inspections schedule.
62. Upper-tier hazardous establishments must be inspected at least every 12 months in accordance with the inspections schedule.
63. The competent authority that creates inspection schedules for hazardous establishments according to the assessment of the activity risk (potential effect of an accident in the hazardous establishment to be inspected on the population and the environment, compliance of the hazardous establishment to be inspected with the requirements of the Regulations) of the relevant hazardous establishment may decide to set a different inspection frequency of an upper-tier hazardous establishment than the one specified in clause 62 of the Regulations.
64. The state supervisory and control authorities and the administrative director of the municipality where the hazardous establishment is located, while making the list of economic entities to be inspected and taking the risk assessment into consideration (assessing, within their area of expertise, the past compliance of an economic entity (a hazardous establishment to be inspected) with the requirements of legal acts, the characteristics of the risk profile and the hazardousness of economic activity, the likelihood of harm or hazard to the health of the population and the environment), may decide to skip a scheduled inspection of an upper-tier hazardous establishment during the current year. This decision shall be reported in writing by the state supervisory and control authorities and the administrative director of the municipality where the hazardous establishment is located to the competent authority during the discussion of the inspections schedule of hazardous establishments of the relevant year.
65. Hazardous establishments shall be inspected by the representatives of the competent authority, the state supervisory and control authorities, and by the employees of municipality administration appointed by the administrative director of the municipality where the hazardous establishment is located, who shall check if:
65.1. The operator maintains the hazardous establishment properly, has evaluated its hazard to the employees, people living nearby, and the environment precisely, and can provide sufficient proof that proper measures were taken to prevent accidents;
65.2. The operator has arranged for proper measures to limit the consequences of accidents in the territory of the hazardous establishment and outside it by taking into consideration the nature of hazardous establishment activity and dangerous substances located in it;
65.3. The data and information in the submitted safety report or another report reflect the condition in the hazardous establishment;
65.5. The measures that prevent accidents in the hazardous establishment from occurring and spreading and the measures and actions limiting the consequences of accidents in the territory of the hazardous establishment and outside it are being tested for effectiveness;
65.6. Internal emergency plans are tested and preventive measures are corrected, if necessary, and the information for making external emergency plans is updated;
65.7. Emergency warning and safety measures and systems are in good condition, employees and emergency services of the hazardous establishment are ready to act in case of an accident;
65.8. Employees and emergency services of the hazardous establishment have technical means of accident response and personal protective equipment;
66. During an inspection, the competent authority, the state supervisory and control authorities, and employees of the municipality administration appointed by the administrative director of the municipality where the hazardous establishment is located shall have the right, within their area of expertise:
66.1. To demand that the operator ensure the possibility of carrying out the inspection, provide all information for assessing the issues specified in clause 65 of the Regulations, the information necessary for creating the external emergency plan and determining the likelihood of an accident or the potential consequences of an accident, and information on dangerous substances that require special handling because of their physical form, special conditions or location;
66.2. To give obligatory instructions and recommendations to the operator on dealing with the threat of emergency situations and on other additional steps to take in case of such a threat;
67. Non-routine inspections may be carried out:
68. After each scheduled inspection, the state supervisory and control authorities, and employees of the municipality administration appointed by the administrative director of the municipality where the hazardous establishment is located, according to the periods and procedure of the Inspections Programme of Hazardous Establishments of the Republic of Lithuania, which was approved by the director of the competent authority, shall provide the competent authority with documents that present the inspection results of the hazardous establishment, which were obtained within the employees’ area of expertise, and with copies of administrative acts intended for the operator. On the basis of these documents, the competent authority shall make a general report on the inspection of the hazardous establishment within 2 months after the inspection of the hazardous establishment. The general inspection report shall contain infringements of the requirements of legal acts and the periods of time given to rectify these infringements, which cannot exceed the time until the next routine inspection. After the inspection of the hazardous establishment specified in paragraph 59.2 of the Regulations, the state supervisory and control authorities, and the employees of the municipality administration appointed by the administrative director of the municipality where the hazardous establishment is located shall provide the competent authority only with copies of administrative acts intended for the operator.
69. If during an inspection it is determined that the requirements of legal acts regulating the safety of hazardous establishments in use or that infringements of legal acts recorded during a previous inspection have not been rectified, the competent authority, the state supervisory and control authorities and (or) the administrative director of the municipality where the hazardous establishment is located shall provide instructions stipulated in legal acts that are within their area of expertise for rectifying the infringements and shall take corrective action stipulated by the law.
70. If during a scheduled inspection a significant (i.e. increasing the hazard of accidents of the hazardous establishment) infringement of the Regulations requirements is found, within 6 months the competent authority according to the procedure of the Inspections Programme of Hazardous Establishments of the Republic of Lithuania, which is specified in clause 68 of the Regulations, the competent authority and the administrative director of the state supervisory and control authority and (or) the municipality where the hazardous establishment is located, whose area of expertise encompasses the found infringements, shall perform an additional inspection of the hazardous establishment.
71. The competent authority, the state supervisory and control authorities, and the administrative director of the municipality where the hazardous establishment is located shall have the right according to the procedure and in cases stipulated by the law to prohibit current or future use of the hazardous establishment, its installation, or any part thereof and to ban construction, reconstruction and repair works (hereinafter referred to as prohibiting the use of the hazardous establishment).
72. The competent authority, the state supervisory and control authorities, and the administrative director of the municipality where the hazardous establishment is located shall decide to allow the use of the hazardous establishment, its installation, or any part thereof and the continued construction, reconstruction, or repair of the hazardous establishment only after the infringements of legal acts regulating the safety of the hazardous establishment have been rectified.
73. The state supervisory and control authority that prohibited the use of the hazardous establishment during the inspection specified in paragraph 59.2 of the Regulations and the administrative director of the municipality where the hazardous establishment is located shall provide the competent authority with a copy of the individual administrative act that prohibits the use of the hazardous establishment and with relevant information regarding the decision to allow the use of the hazardous establishment, its installation, or any part thereof, and the continued construction, reconstruction or repair of the hazardous establishment within 3 business days after drawing up the aforementioned administrative act, and the competent authority within 3 business days after receiving the administrative act or the information on the permission shall send this information to other state supervisory and control authorities and the administrative director of the municipality where the hazardous establishment is located.
INVESTIGATION OF ACCIDENTS
75. The purpose of investigating an accident in the hazardous establishment is to determine the circumstances and reasons of the accident (including design and manufacture organisation errors, violations or disruptions of technological processes and normal mode of operation, malfunctions of equipment and machinery, effect of circumstances and actions of employees and third persons) and its direct impact on the health of the population and the environment as well as the measures taken to deal with the accident, and to recommend preventive measures to the operator to prevent the accident from re-occurring.
76. The director of the competent authority, upon receiving a notification from the operator or other persons regarding the accident in the hazardous establishment, whose consequences and damage fulfil at least one of the criteria specified in Annex 5 of the Regulations, shall immediately form an accident investigation committee (hereinafter referred to as the Committee) from the representatives of the competent authority and the state supervisory and control authorities that are relevant with regard to the nature of the accident and the administrative director of the municipality where the hazardous establishment is located; the director of the competent authority shall elect the chairperson, the deputy chairperson, and the secretary of the Committee from the members of the Committee. Representatives of other concerned authorities may participate in the activity of the Committee in an advisory capacity.
77. In case of an accident, the operator or a person authorised by the operator shall:
77.1. Organise and control the implementation of urgent and essential measures provided for in the internal emergency plan inside the hazardous establishment, and if necessary, outside it;
77.2. Provide the Committee with all information and documents that are needed for investigating the accident;
77.3. Take measures to preserve the situation that was caused by the accident before the Committee arrives (if the situation does not pose a threat to the life and health of employees): boundaries of dangerous areas shall be marked and people shall be prevented from entering this area;
78. The Committee shall report to the director of the competent authority. The Committee shall be chaired by the chairperson, who shall be responsible for its work.
79. The chairperson of the Committee shall set the date, time and place of meetings and inform the Committee members about them. Committee meetings shall be chaired by the chairperson, and in his/her absence, they shall be chaired by the deputy chairperson.
80. If necessary, each member of the Committee may convene a Committee meeting according to the right of initiative. The decision on convening a meeting shall be made by the chairperson.
81. A Committee meeting shall be considered legal if at least 2/3 of the Committee participate in it. A Committee member who cannot participate in the meeting because of important reasons shall inform the chairperson about this immediately.
82. The Committee chairperson and a Committee member appointed by the chairperson shall express their opinion on the issue being discussed at the meeting or make a short presentation. Later, other members of the Committee shall express their opinions as well. If there are questions regarding the submitted documents, the chairperson of the Committee may ask the members of the Committee or other persons related to the accident and the investigation for additional materials.
83. All members of the Committee shall have equal voting rights. The vote shall be open. If opinions differ on any issue, a member of the Committee may express his or her opinion in writing. If votes are tied, the chairperson of the Committee shall have the casting vote. Decisions shall be legal if they are approved by more than a half of all Committee members present during the meeting.
84. The secretary of the Committee shall draw up minutes, prepare documents and submit them for discussion.
85. The meeting minutes shall be signed by the chairperson of the Committee (if he or she is absent, by the deputy chairperson) and the secretary.
86. A copy of the minutes of the Committee meeting shall be sent by mail or in electronic format within two weeks after the minutes are signed to the members of the Committee and the operators mentioned in the minutes.
87. The Committee shall begin investigating the accident immediately after being formed and finish the investigation of accidents whose consequences did not spread beyond the boundaries of the hazardous establishment within 15 business days, and the investigation of other accidents shall be completed within 30 business days after the creation of the Committee. If necessary, the competent authority may extend this period by up to 6 months.
88. During the investigation of the accident, the Committee shall:
88.1. Inspect the location of the accident, if it is safe, determine the boundaries of the effect of the accident, record the situation (describe it, make sketches, take photographs and make videos), review the scope of the accident;
88.2. Question the persons who have information on the accident that took place and obtain their written explanations;
88.3. Find the employees of the hazardous establishment who actually supervised the production and were responsible for following the technological regulations, the state of the equipment, and the safety and health of employees, as well as find persons whose actions affected the accident;
88.4. Study the technical and technological documentation of the hazardous establishment and determine whether it conforms to the relevant requirements, shall analyse the safety management system installed by the operator and determine whether the operator of the hazardous establishment took preventive and other measures to avoid an emergency situation in the hazardous establishment;
88.5. Invite experts, decide on necessary laboratory studies, organise the taking of samples and the laboratory study;
88.6. Analyse meteorological conditions during the accident and determine the possible influence of natural factors (ground water, landslides, karst and other natural factors) on the accident;
88.7. Evaluate material losses caused by the accident, the direct impact of the accident on the health and property of the employees of the hazardous establishment and the inhabitants of surrounding areas as well as on the environment;
88.8. Demand that the operator take necessary and urgent measures to ensure the safety of the hazardous establishment;
88.9. Analyse the procedure of dealing with the accident, take other steps to investigate the accident;
89. The Committee, after analysing the material of investigating the accident, the experts’ conclusions, and the results of laboratory studies, shall present the conclusions of the investigation of the accident that occurred in the hazardous establishment.
90. The investigation of the accident that occurred in the hazardous establishment shall include:
90.2. Data on the design, construction, reconstruction, and exploitation of the hazardous establishment;
90.5. Specialists’ conclusions on the harm done to the population and the environment as well as the losses incurred by the hazardous establishment;
90.6. Circumstances and reasons of the accident (actions of the employees, equipment malfunction, structural defects, natural phenomena, etc.), specified infringements of legal acts and other documents;
91. Conclusions of the investigation of the accident in the hazardous establishment shall be approved during a meeting of the Committee. Conclusions of the investigation of the accident in the hazardous establishment shall be signed by the chairperson of the Committee and all members of the Committee participating in the meeting. A member of the Committee who does not agree with the majority opinion may sign the conclusions while adding a note.
92. Conclusions of the investigation of the accident in the hazardous establishment shall be confirmed in two copies. The chairperson of the Committee shall give the first copy of the signed conclusions of the investigation of the accident in the hazardous establishment to the competent authority, and the second copy shall be given to the operator of the hazardous establishment. Copies of the conclusions of the investigation of the accident in the hazardous establishment shall be submitted (sent) to the state supervisory and control authorities and the administrative director of the municipality where the hazardous establishment is located as well as to other authorities concerned whose representatives took part in the activity of the Committee.
93. Accounting of accidents shall be managed according to the procedure established by the competent authority. Reasons and consequences of accidents shall be analysed by the competent authority, the relevant state supervisory and control authorities according to their area of expertise, and the administrative director of the municipality where the hazardous establishment is located in order to create additional accident prevention measures and to minimise the consequences of possible accidents.
POSSIBILITY OF RECEIVING INFORMATION, CONFIDENTIALITY AND THE RIGHT OF ACCESS TO JUSTICE
95. The competent authority, the state supervisory and control authorities, and the administrative director of the municipality where the hazardous establishment is located shall provide information held pursuant to the Regulations on the hazardous establishment to the persons requesting that information, in accordance with the Procedure for the Provision of Information.
96. In cases provided for in the Procedure for the Provision of Information, the competent authority, the state supervisory and control authorities, and the administrative director of the municipality where the hazardous establishment is located may refuse to provide the requested information or part thereof.
97. The competent authority, in cases provided for in the Procedure for the Provision of Information, may refuse to disclose the available information specified in paragraph 44.2 of the Regulations according to its own decision or the operator’s request not to disclose specific sections of the safety report or the inventory of dangerous substances stored in the hazardous establishment.
98. All applicants asking for information specified in paragraph 44.2 and clause 95 of the Regulations shall have the right, in accordance with the procedure established by the administrative justice system of the Republic of Lithuania, to apply to the Administrative Dispute Commission, if they think that their request, which was submitted according to the procedure stipulated in the legal acts, was rejected unlawfully, the given reply was incomplete or inadequate, or the request was not properly taken into consideration according to legal acts that regulate the right to receive information on the environment. Appeals against the decision of the Administrative Dispute Commission may be submitted to the administrative court in accordance with the procedure established by the administrative justice system of the Republic of Lithuania.
99. The public concerned shall have the right to go to court according to the procedure stipulated in the laws of the Republic of Lithuania to protect the public interest by challenging the legality of decisions, act or omission in the sphere of environmental impact assessment with regard to decisions specified in clause 48 of the Regulations.
Regulations on Prevention of, Response to and Investigation of Industrial Accidents
Annex 1
OBLIGATORY DATA AND INFORMATION INCLUDED IN THE SAFETY REPORT OF THE HAZARDOUS ESTABLISHMENT
The safety report of the hazardous establishment shall contain the following data and information:
1. Information on the safety management system and the organisation structure of the hazardous establishment that fulfils the requirements stipulated in Annex 2 of the Regulations on Prevention of, Response to and Investigation of Industrial Accidents (hereinafter referred to as the Regulations).
2. Characteristics of the environment of the hazardous establishment:
2.1. Description of the location and the environment of the hazardous establishment, including information on geographical location, meteorological, geological, hydrographic and, if applicable, historical conditions;
2.2. Installations and activity of the hazardous establishment which could present an accident hazard;
2.3. On the basis of available information, neighbouring hazardous establishments as well as other sites that fall outside the scope of the Regulations, territories and developments that may cause accidents or domino effect or may increase the risk of accidents or their consequences shall be specified;
3. Description of installations:
3.1. Description of the main activity and products of the subdivisions of a hazardous establishment that are important from a safety viewpoint; a description of the reasons of accidents risk and conditions under which an accident might occur; a description of suggested (current and (or) anticipated) preventive measures;
3.2. A description of technological processes (most importantly, operating methods), if applicable, available information on best practices shall be taken into consideration;
3.3. A description of dangerous substances:
3.3.1. Inventory of dangerous substances containing the following data:
3.3.1.1. Chemical names of dangerous substances, the number of the Chemical Abstracts Service (CAS), the name according to the nomenclature of the United Nations Organisation the International Union of Pure and Applied Chemistry (IUPAC);
3.3.2. A description of physical, chemical, and toxic properties of substances, the immediate or delayed harmful effect of the substances on the health of the population and the environment;
4. Identification, analysis and prevention methods of the risk of accidents:
4.1. A detailed description of the scenario of possible accidents, the likelihood of accidents or the conditions that may lead to accidents; a description of events that may be important for the occurrence of such accidents in accordance with internal and external reasons of potential malfunctions:
4.1.2. External causes, for example, neighbouring hazardous establishments, as well as other sites that fall outside the scope of the Regulations, territories and developments that may cause an accident or the domino effect or increase the risk of accidents or lead to more severe consequences;
4.2. An assessment of the extent of accidents and the severity of consequences, including maps and pictures as relevant images of locations that are likely to be affected in case of accidents in hazardous establishments, or, if it is impossible to provide maps, an equivalent description of such locations;
4.3. A global overview of past accidents or events related to the same chemical substances and processes, conclusions reached after these accidents or events, and an explicit reference to measures implemented in the hazardous establishment to avoid such accidents;
5. Safety and intervention measures to alleviate and restrict the consequences of an accident:
5.1. A description of equipment installed in the company in order to restrict the consequences of accidents, for example, detection and (or) safety systems, systems of technical devices to restrict accidental releases, including water spraying systems, vapour barriers, emergency catch pots or collection vessels; shut-off valves; inerting systems; fire water retention;
5.4. Description of any (other than described above) technical and non-technical measures alleviating the consequences of an accident;
Regulations on Prevention of, Response to and Investigation of Industrial Accidents
Annex 2
Information on the safety management system and the organisation structure of the hazardous establishment
1. The safety management system that is properly implemented by the operator in the hazardous establishment shall be proportionate to the hazards, industrial activities and complexity of the organisation structure of the hazardous establishment; it shall be based on risk assessment; it should include the part of the general management system which includes the organisational structure, responsibilities, established practices, procedures, processes and resources for determining and implementing the accident prevention policy of the hazardous establishment.
2. The safety management system shall provide for the following aspects:
2.1. Organisation and personnel – the roles and responsibilities of personnel of the hazardous establishment who are involved in the management of major hazards at all levels in the organisation, together with the measures taken to encourage these employees to contribute to the improvement of the management of major hazards. The identification of training needs of such personnel and the provision of the training; the involvement of employees and subcontracted personnel working in the hazardous establishment whose duties are important from the point of view of safety;
2.2. Identification and evaluation of major hazards – adoption and implementation of procedures for systematically identifying major hazards arising from normal and abnormal operation including subcontracted activities and the assessment of their likelihood and severity;
2.3. Operational control – adoption and implementation of procedures and instructions for safe operation, including maintenance, of company, processes and equipment, and for alarm management and temporary stoppages; taking into account available information on best practices for monitoring and control, with a view to reducing the risk of safety management system failure; management and control of the risks associated with ageing equipment installed in the establishment and corrosion; inventory of the establishment’s equipment, strategy and methodology for monitoring and control of the condition of the equipment; appropriate follow-up actions and any necessary countermeasures;
2.4. Management of change – adoption and implementation of procedures for planning modifications to, or the design of new installations, processes or storage installations;
2.5. Planning for emergencies – adoption and implementation of procedures to identify foreseeable emergencies by systematic analysis, to prepare, test and review emergency plans to respond to such emergencies and to provide specific emergency response training. Such training shall be given to all personnel working in the establishment, including relevant subcontracted personnel;
2.6. Monitoring performance – adoption and implementation of procedures for the ongoing assessment of compliance with the objectives set by the operator’s accident prevention and safety management system, and the mechanisms for investigation and taking corrective action in case of non-compliance. The procedures shall cover the operator’s system for reporting major accidents or near misses, particularly those involving failure of protective measures, and their investigation and further actions based on conclusions. The procedures could also include performance indicators (safety performance indicators and (or) other relevant indicators);
2.7. Audit and review – adoption and implementation of procedures for periodic systematic assessment of the effectiveness and suitability of the accident prevention policy and the safety management system; the review shall be documented and updated by senior management, including consideration and incorporation of necessary changes indicated by the audit and review.
Regulations on Prevention of, Response to and Investigation of Industrial Accidents
Annex 3
DATA AND INFORMATION TO BE INCLUDED IN THE EMERGENCY PLANS OF HAZARDOUS ESTABLISHMENTS
The emergency plans of hazardous establishments shall include:
1. In internal emergency plans:
1.1. Names or positions of persons authorised to set emergency procedures provided for in the plan in motion in case of an accident and the person in charge of mitigating the impact of the accident on the health of the population and the environment and coordinating the mitigation actions in the hazardous establishment;
1.2. Name or position of the person with responsibility for liaising with the representative(s) of the administration of the municipality where the hazardous establishment is located, and if the consequences of the accident in the hazardous establishment might impact more than one municipality, with the representative(s) of the administration of the respective municipality (municipalities), who are authorised to start the procedures provided for in the external emergency plan;
1.3. For foreseeable conditions or events which could be significant in bringing about a major accident, a description of the action which should be taken to control the conditions or events and to limit their consequences, including a description of the safety equipment and the resources available;
1.4. Arrangements for limiting the risks to persons on site including how warnings are to be given and the actions persons are expected to take on receipt of a warning as well as a description of evacuation procedures;
1.5. Arrangements for providing early warning of the incident to the competent authority, the special services that will be involved, the administrative director of the municipality where the hazardous establishment is located, and if the consequences of an accident in the hazardous establishment might impact more than one municipality, to the administrative director(s) of the respective municipality (municipalities), the information which should be contained in an initial warning and the arrangements for the provision of more detailed information as it becomes available;
1.6. Where necessary, arrangements for training staff in the duties they will be expected to perform and the procedure of coordinating actions with the special services;
2. In external emergency plans:
2.1. Names or positions of persons authorised to set emergency procedures provided for in the plan in motion and of persons authorised to take charge of and coordinate off-site action;
2.5. Arrangements for off-site mitigatory action, including responses to major-accident scenarios as set out in the safety report and considering possible domino effects, including those having an impact on the environment;
2.6. Arrangements for providing the public and any neighbouring establishments or sites of operation that fall outside the scope of the Regulations on Prevention of, Response to and Investigation of Industrial Accidents with specific information relating to the accident and the behaviour which should be adopted;
Regulations on Prevention of, Response to and Investigation of Industrial Accidents
Annex 4
INFORMATION TO BE PROVIDED TO THE PUBLIC
1. Information that must be given to the public regarding all hazardous establishments shall contain:
1.1. Name, surname or trade name of the operator and the name of the hazardous establishment, if applicable, and the full address of the establishment concerned;
1.2. Confirmation that the establishment is subject to the requirements of the Regulations on Prevention of, Response to and Investigation of Industrial Accidents (hereinafter referred to as the Regulations) and that the notification or the safety report referred to in the Regulations has been submitted to the competent authority;
1.4. The common names or the generic names or the hazard classification of dangerous substances within the establishment or that may lead to accidents, with an indication of their principal dangerous properties in simple terms;
1.5. General information about how the public concerned will be warned, if necessary; adequate information about the appropriate behaviour in the event of a major accident or indication of where that information can be accessed electronically;
1.6. The date of the last routine inspection of the hazardous establishment, or reference to where that information can be accessed electronically; information on where more detailed information about the inspection and the related inspection schedule can be obtained upon request, subject to the requirements of clauses 95–97 of the Regulations;
2. In addition to the information provided in clause 1, the public shall be informed about upper-tier hazardous establishments and receive the following information:
2.1. General information relating to the nature of the major-accident hazards, including their potential effects on human health and the environment and summary details of the main types of major-accident scenarios and the control measures taken to address them;
2.2. Confirmation that the operator is required to make adequate arrangements on site, in particular liaison with the emergency services, to deal with major accidents and to minimise their effects;
2.3. Appropriate information from the external emergency plan drawn up to cope with any off-site effects from an accident. This should include advice to cooperate with any instructions or requests from the special services at the time of an accident;
Regulations on Prevention of, Response to and Investigation of Industrial Accidents
Annex 5
CRITERIA FOR THE NOTIFICATION OF A MAJOR ACCIDENT TO THE EUROPEAN COMMISSION
The competent authority shall provide the European Commission with information when the extent or consequences of the accident fulfil at least one of the following criteria:
1. Any fire or explosion or accidental discharge of a dangerous substance involving a quantity of at least 5 % of the qualifying quantity laid down in the fourth column of Table 1 “Categories of Dangerous Substances” and Table 2 “List of Dangerous Substances” in the List of Dangerous Substances and Mixtures, the Description of Established Qualifying Quantities and Criteria for Classifying Substances and Mixtures as Dangerous approved by the resolution.
2. The accident leads to at least one of the following consequences:
2.4. Dwelling(s) outside the hazardous establishment damaged and unusable as a result of the accident;
2.5. The evacuation or confinement of persons for more than 2 hours (persons multiplied by hours, when the product comprises at least 500);
3. Immediate significant, permanent or long-term damage to the environment:
4. Significant damage to property:
5. Any accident directly involving a dangerous substance giving rise to effects outside the territory of the Republic of Lithuania.
APPROVED BY
resolution No. 966 as of 17 August 2004
of the Government of the Republic of Lithuania
(version of resolution No. 517 as of 27 May 2015
of the Government of the Republic of Lithuania)
THE LIST OF DANGEROUS SUBSTANCES AND MIXTURES, THE DESCRIPTION OF ESTABLISHED QUALIFYING QUANTITIES AND CRITERIA FOR CLASSIFYING SUBSTANCES AND MIXTURES AS DANGEROUS
GENERAL PROVISIONS
1. The List of Dangerous Substances and Mixtures, the Description of Established Qualifying Quantities and Criteria for Classifying Substances and Mixtures as Dangerous (hereinafter referred to as the Description) shall regulate the classification of chemical substances and mixtures as dangerous substances that are stored in hazardous establishments and determine their qualifying quantities in hazardous establishments of respective levels.
2. Quantities of dangerous substances shall be classified according to two levels, according to which requirements for ensuring the safe operation of the establishment and effectively responding to accidents shall be set for the operator of any hazardous establishment.
3. Chemical substances and mixtures shall be classified according to Regulation No. 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No. 1907/2006 (hereinafter referred to as Regulation (EC) No. 1272/2008) (OJ 2008 L 353, p. 1).
4. Mixtures shall be treated in the same way as pure substances provided they remain within concentration limits set according to their properties under Regulation (EC) No. 1272/2008, or its latest adaptation to technical progress, unless a percentage composition or other description is specifically given.
5. The hazard level of the establishment shall be determined according to maximum quantities of dangerous substances that are present or anticipated to be present in the hazardous establishment. In accordance with the summation rule specified in clause 9 of the Description, which is used to determine if a hazardous establishment is subject to the requirements imposed on lower-tier or upper-tier hazardous establishments, dangerous substances shall not be included in the calculation of the overall quantity of dangerous substances used to evaluate the hazard level of a hazardous establishment, if the aforementioned substances comprise only two per cent or less of the relevant qualifying quantity according to lower-tier requirements, or respectively only two per cent or less of the relevant qualifying quantity according to upper-tier requirements, if their location within an establishment is such that it cannot act as an initiator of a major accident elsewhere in that establishment.
6. Definitions used in the Description are defined in the Law on Civil Protection of the Republic of Lithuania, the Regulations on Prevention of, Response to and Investigation of Industrial Accidents approved by resolution No. 966 “On the Approval of the Regulations on Prevention of, Response to and Investigation of Industrial Accidents and the List of Dangerous Substances and Mixtures, the Description of Established Qualifying Quantities and Criteria for Classifying Substances and Mixtures as Dangerous” of the Government of the Republic of Lithuania as of 17 August 2004 (hereinafter referred to as the Regulations).
THE LIST OF DANGEROUS SUBSTANCES AND MIXTURES
7. Dangerous substances belonging to hazard categories specified in Table 1 of the Description are subject to the qualifying quantities set out in the third and the fourth column of that table.
8. When a dangerous substance present in the hazardous establishment belongs to one or several categories of Table 1 of the Description and is also listed in Table 2 of the Description, qualifying quantities in the third and the fourth column of Table 2 shall be taken into consideration.
Table 1. Categories of Dangerous Substances
| No. |
Hazard categories in accordance with Regulation (EC) No. 1272/2008 |
Qualifying quantities (tonnes) when |
|
| Lower-tier requirements are imposed |
Upper-tier requirements are imposed |
||
| 1. |
HEALTH HAZARDS (hereinafter H) |
|
|
| 1.1.
1.1.1. |
H1. ACUTE TOXIC
Category 1, all exposure routes |
5 |
20 |
| 1.2.
1.2.1.
1.2.2. |
H2. ACUTE TOXIC:
Category 2, all exposure routes;
Category 3, inhalation exposure route (see clause 12 of the Description) |
50 |
200 |
| 1.3.
1.3.1. |
H3. SPECIFIC TARGET ORGAN TOXICITY – SINGLE EXPOSURE (hereinafter STOT SE)
STOT SE, Category 1 |
50 |
200 |
| 2. |
PHYSICAL HAZARDS (hereinafter P) |
|
|
| 2.1.
2.1.1.
2.1.2.
2.1.3. |
P1a. EXPLOSIVES (see clause 13 of the Description):
Unstable explosives;
Or explosives, Division 1.1, 1.2, 1.3, 1.5 or 1.6;
Or substances or mixtures that have explosive properties according to method A.14 provided in Commission Regulation (EC) No. 440/2008 of 30 May 2008 laying down test methods pursuant to Regulation (EC) No. 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (OJ 2008 L 142, p. 1) and do not belong to the hazard classes “Organic peroxides” or “Self-reactive substances and mixtures” |
10 |
50 |
| 2.2.
2.2.1. |
P1b. EXPLOSIVES (see clause 13 of the Description)
Explosives, Division 1.4 (see clause 15 of the Description) |
50 |
200 |
| 2.3.
2.3.1. |
P2. FLAMMABLE GASES
Flammable gases, Category 1 or 2 |
10 |
50 |
| 2.4.
2.4.1. |
P3a. FLAMMABLE AEROSOLS (see clause 16 of the Description)
Flammable aerosols Category 1 or 2, containing flammable gases Category 1 or 2 or flammable liquids Category 1 |
150 (net weight) |
500 (net weight) |
| 2.5.
2.5.1. |
P3b. FLAMMABLE AEROSOLS (see clause 16 of the Description)
Flammable aerosols Category 1 or 2, not containing flammable gases Category 1 or 2 or flammable liquids Category 1 (see clause 17 of the Description) |
5 000 (net weight) |
50 000 (net weight) |
| 2.6.
2.6.1. |
P4. OXIDISING GASES
Oxidising gases, Category 1 |
50 |
200 |
| 2.7.
2.7.1.
2.7.2.
2.7.3. |
P5a. FLAMMABLE LIQUIDS:
Flammable liquids, Category 1; or
Flammable liquids, Category 2 or 3, maintained at a temperature above their boiling point, or
Liquids with a flash point equal to or lower than 60 °C, maintained at a temperature above their boiling point (see clause 18 of the Description) |
10 |
50 |
| 2.8.
2.8.1.
2.8.2. |
P5b. FLAMMABLE LIQUIDS:
Flammable liquids Category 2 or 3 where particular processing conditions, such as high pressure or high temperature, may create major-accident hazards, or
Other liquids with a flash point equal to or lower than 60 °C where particular processing conditions, such as high pressure or high temperature, may create major-accident hazards (see clause 18 of the Description) |
50 |
200 |
| 2.9.
2.9.1. |
P5c. FLAMMABLE LIQUIDS
Flammable liquids, Categories 2 or 3 not covered by Categories P5a and P5b |
5 000 |
50 000 |
| 2.10.
2.10.1.
2.10.2. |
P6a. SELF-REACTIVE SUBSTANCES AND MIXTURES and ORGANIC PEROXIDES:
Self-reactive substances and mixtures, Type A or B;
Organic peroxides, Type A or B |
10 |
50 |
| 2.11.
2.11.1.
2.11.2. |
P6b. SELF-REACTIVE SUBSTANCES AND MIXTURES and ORGANIC PEROXIDES:
Self-reactive substances and mixtures, Type C, D, E or F;
Organic peroxides, Type C, D, E or F |
50 |
200 |
| 2.12.
2.12.1.
2.12.2. |
P7. PYROPHORIC LIQUIDS AND PYROPHORIC SOLIDS:
Pyrophoric liquids, Category 1;
Pyrophoric solids, Category 1 |
50 |
200 |
| 2.13.
2.13.1.
2.13.2. |
P8. OXIDISING LIQUIDS AND OXIDISING SOLIDS:
Oxidising liquids, Category 1, 2 or 3;
Oxidising solids, Category 1, 2 or 3 |
50 |
200 |
| 3. |
ENVIRONMENTAL HAZARDS (hereinafter E) |
|
|
| 3.1.
3.1.1. |
E1. HAZARDOUS TO THE AQUATIC ENVIRONMENT
Category Acute 1 or Category Chronic 1 |
100 |
200 |
| 3.2.
3.2.1. |
E2. HAZARDOUS TO THE AQUATIC ENVIRONMENT
Category Chronic 2 |
200 |
500 |
| 4. |
OTHER HAZARDS (hereinafter O) |
|
|
| 4.1. |
O1. Substances or mixtures with hazard statement EUH014 |
100 |
500 |
| 4.2. |
O2. Substances and mixtures which in contact with water emit flammable gases, Category 1 |
100 |
500 |
| 4.3. |
O3. Substances or mixtures with hazard statement EUH029 |
50 |
200 |
Table 2. List of Dangerous Substances
| No. |
Dangerous substances |
Qualifying quantities (tonnes) when |
CAS number* |
|
| Lower-tier requirements are imposed |
Upper-tier requirements are imposed |
|||
| 1. |
Ammonium nitrate (see clause 19 of the Description) |
5 000 |
10 000 |
– |
| 2. |
Ammonium nitrate (see clause 20 of the Description) |
1 250 |
5 000 |
– |
| 3. |
Ammonium nitrate (see clause 21 of the Description) |
350 |
2 500 |
– |
| 4. |
Ammonium nitrate (see clause 22 of the Description) |
10 |
50 |
– |
| 5. |
Potassium nitrate (see clause 23 of the Description) |
5 000 |
10 000 |
– |
| 6. |
Potassium nitrate (see clause 24 of the Description) |
1 250 |
5 000 |
– |
| 7. |
Arsenic pentoxide, arsenic (V) acid and (or) salts |
1 |
2 |
1303-28-2 |
| 8. |
Arsenic trioxide, arsenious (III) acid and (or) salts |
|
0.1 |
1327-53-3 |
| 9. |
Bromine |
20 |
100 |
7726-95-6 |
| 10. |
Chlorine |
10 |
25 |
7782-50-5 |
| 11. |
Nickel compounds in inhalable powder form (nickel monoxide, nickel dioxide, nickel sulphide, trinickel disulphide, dinickel trioxide) |
|
1 |
– |
| 12. |
Ethyleneimine |
10 |
20 |
151-56-4 |
| 13. |
Fluorine |
10 |
20 |
7782-41-4 |
| 14. |
Formaldehyde (concentration exceeds 90 per cent) |
5 |
50 |
50-00-0 |
| 15. |
Hydrogen |
5 |
50 |
1333-74-0 |
| 16. |
Hydrogen chloride (liquefied gas) |
25 |
250 |
7647-01-0 |
| 17. |
Lead alkyls |
5 |
50 |
– |
| 18. |
Liquefied flammable gases, Category 1 or 2 (including liquefied petroleum gas) and natural gas (see clause 26 of the Description) |
50 |
200 |
– |
| 19. |
Acetylene |
5 |
50 |
74-86-2 |
| 20. |
Ethylene oxide |
5 |
50 |
75-21-8 |
| 21. |
Propylene oxide |
5 |
50 |
75-56-9 |
| 22. |
Methanol |
500 |
5 000 |
67-56-1 |
| 23. |
4,4-Methylene bis (2-chloraniline) and (or) salts, in powder form |
|
0.01 |
101-14-4 |
| 24. |
Methyl isocyanate |
|
0.15 |
624-83-9 |
| 25. |
Oxygen |
200 |
2 000 |
7782-44-7 |
| 26. |
Toluene-2,4-diisocyanate
Toluene-2,6-diisocyanate |
10 |
100 |
584-84-9
91-08-7 |
| 27. |
Carbonyl dichloride (phosgene) |
0.3 |
0.75 |
75-44-5 |
| 28. |
Arsine (arsenic trihydride) |
0.2 |
1 |
7784-42-1 |
| 29. |
Phosphine (phosphorus trihydride) |
0.2 |
1 |
7803-51-2 |
| 30. |
Sulphur dichloride |
|
1 |
10545-99-0 |
| 31. |
Sulphur trioxide |
15 |
75 |
7446-11-9 |
| 32. |
Polychlorodibenzofurans and polychlorodibenzodioxins (including TCDD), calculated in TCDD equivalent (see clause 27 of the Description) |
|
0.001 |
– |
| 33. |
The following carcinogens or the mixtures containing the following carcinogens at concentrations above 5 per cent 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, Hexamethylphosphoric triamide, Hydrazine, 2-Naphthylamine and (or) salts, 4-Nitrodiphenyl, and 1,3 Propanesultone |
0.5 |
2 |
– |
| 34. |
Petroleum products and alternative fuels:
gasolines and naphthas
kerosene (including jet fuel)
gas oil (including diesel fuels, home heating oil and gas oil blending streams)
heavy fuel oil
alternative fuel serving the same purpose, flammability and environmental hazards are similar to the flammability and hazards of the aforementioned petroleum products |
2 500 |
25 000 |
– |
| 35. |
Ammonia, anhydrous |
50 |
200 |
7664-41-7 |
| 36. |
Boron trifluoride |
5 |
20 |
7637-07-2 |
| 37. |
Hydrogen sulphide |
5 |
20 |
7783-06-4 |
| 38. |
Piperidine |
50 |
200 |
110-89-4 |
| 39. |
Bis(2-dimethylaminoethyl)(methyl)amine |
50 |
200 |
3030-47-5 |
| 40. |
3-(2-ethylhexyloxy) propylamine |
50 |
200 |
5397-31-9 |
| 41. |
Mixtures containing sodium hypochlorite classified as Aquatic Acute Category 1 (hazard statement H400) containing less than 5 per cent active chlorine and not classified under any of the other hazard categories of Table 1, provided that the mixture in the absence of sodium hypochlorite would not be classified as Aquatic Acute Category 1 (hazard statement H400). |
200 |
500 |
– |
| 42. |
Propylamine (see clause 28 of the Description) |
500 |
2 000 |
107-10-8 |
| 43. |
Tert-butyl acrylate (see clause 28 of the Description) |
200 |
500 |
1663-39-4 |
| 44. |
2-Methyl-3-butennitrile (see clause 28 of the Description) |
500 |
2 000 |
16529-56-9 |
| 45. |
Tetrahydro-3,5-dimethyl-1,3,5-thiadiazine-2-thione (Dazomet) (see clause 28 of the Description) |
100 |
200 |
533-74-4 |
| 46. |
Methyl acrylate (see clause 28 of the Description) |
500 |
2 000 |
96-33-3 |
| 47. |
3-Methylpyridine (see clause 28 of the Description) |
500 |
2 000 |
108-99-6 |
| 48. |
1-Bromo-3-chloropropane (see clause 28 of the Description) |
500 |
2 000 |
109-70-6 |
* The CAS number is shown for information purposes only.
THE CRITERIA OF CLASSIFYING CHEMICALS AND MIXTURES AS DANGEROUS SUBSTANCES
9. If the quantity of an individual chemical substance located in a hazardous establishment is not equal to the relevant qualifying quantity or does not exceed it, the following rule shall be used to determine whether the hazardous establishment is subject to the relevant requirements of the Regulations:
9.1. The requirements shall apply to upper-tier hazardous establishments, if the sum:
q1/QU1 + q2/QU2 + q3/QU3 + q4/QU4 + q5/QU5 + qX/QUX ≥ 1,
where:
qX – the quantity of dangerous substance x (or category x of dangerous substances) specified in Table 1 or Table 2;
QUX – the relevant qualifying quantity for dangerous substance x or dangerous substance category x from the fourth column of Table 1 or Table 2.
9.2. The requirements shall apply to lower-tier hazardous establishments, if the sum:
q1/QL1 + q2/QL2 + q3/QL3 + q4/QL4 + q5/QL5 + qX/QLX ≥ 1,
where:
qX – the quantity of dangerous substance x (or category x of dangerous substances) specified in Table 1 or Table 2;
QLX – the relevant qualifying quantity for dangerous substance x or dangerous substance category x from the third column of Table 1 or Table 2.
9.3. This rule shall be applied to evaluate health hazards, physical hazards, and environmental hazards. Therefore, it must be applied three times:
9.3.1. For the addition of dangerous substances listed in Table 2 that fall within acute toxicity Category 1, 2 or 3 (inhalation route) or STOT SE Category 1, together with dangerous substances falling within section “H”, entries H1 to H3 (according to Table 1);
9.3.2. For the addition of dangerous substances listed in Table 2 that are classified as explosives, flammable gases, flammable aerosols, oxidising gases, flammable liquids, self-reactive substances and mixtures, organic peroxides, pyrophoric liquids and solids, oxidising liquids and solids, together with dangerous substances falling within section “P”, entries P1 to P8 (according to Table 1);
10. If dangerous substances which are not covered by Regulation (EC) No. 1272/2008, including waste, are present or are anticipated to be present in a hazardous establishment and which possess or are likely to possess, under the conditions found in the establishment, equivalent properties in terms of major-accident potential, these shall be provisionally assigned to the most analogous category or named dangerous substance falling within the scope of the Regulations.
11. In the case of dangerous substances with properties giving rise to more than one classification, the lowest qualifying quantities shall apply; however, for the application of the rule of clause 9 of the Description, the lowest qualifying quantity for each group of categories in paragraphs 9.3.1–9.3.3 of the Description corresponding to the classification concerned shall be used.
12. Dangerous substances that fall within acute toxic Category 3 (the oral route) (hazard statement H 301) shall fall under entry H2 acute toxic hazard in those cases where neither acute inhalation toxicity classification nor acute dermal toxicity classification can be derived, for example due to lack of conclusive inhalation and dermal toxicity data.
13. The hazard class Explosives includes explosive articles (see Section 2.1 “Explosives” of Annex I “Classification and Labelling Requirements for Hazardous Substances and Mixtures” to Regulation (EC) No. 1272/2008). If the quantity of the explosive substance or mixture contained in the article is known, the quantity shall be calculated according to the Regulations. If the quantity is not known, then the whole article shall be treated as explosive.
14. Testing for explosive properties of substances and mixtures is only necessary if the screening procedure according to Appendix 6, Part 3 of the UN Recommendations on the Transport of Dangerous Goods, Manual of Tests and Criteria (hereinafter referred to as the UN Manual of Tests and Criteria) identifies the substance or mixture as potentially having explosive properties (cases of waiving of the test can be found in the A.14 test method description of Regulation (EC) No. 440/2008).
15. If explosives of Division 1.4 are unpacked or repacked, they shall be assigned to the entry P1a, unless the hazard is shown to still correspond to Division 1.4, in accordance with Regulation (EC) No. 1272/2008.
16. Flammable aerosols shall be classified in accordance with the Technical Regulation of Aerosol Dispensers Safety approved by the Minister of Economy. “Extremely flammable” and “flammable” aerosols in accordance with the Technical Regulation of Aerosol Dispensers Safety correspond to flammable aerosols Category 1 or 2 respectively according to Regulation (EC) No. 1272/2008.
17. The entry of clause 16 of the Description shall apply if it is documented that the aerosol dispenser does not contain flammable gas Category 1 or 2 nor flammable liquid Category 1.
18. According to paragraph 2.6.4.5 in Annex I “Classification and Labelling Requirements for Hazardous Substances and Mixtures” to Regulation (EC) No. 1272/2008, liquids with a flash point of more than 35 °C need not be classified in Category 3 if negative results have been obtained in the sustained combustibility test L.2, Part III, section 32 of the UN Manual of Tests and Criteria. This is however not valid under elevated conditions such as high temperature or pressure, and therefore such liquids are included in this entry.
19. Ammonium nitrate (5 000/10 000) – fertilisers capable of self-sustaining decomposition. This applies to ammonium nitrate-based compound or composite fertilisers (containing ammonium nitrate with phosphate and (or) potassium carbonate) which are capable of self-sustaining decomposition according to the UN “Trough Test” of the UN Manual of Tests and Criteria, Part III, subsection 38.2, and in which the nitrogen content as a result of ammonium nitrate is:
19.1. Between 15.75 % (see paragraph 25.1 of the Description) and 24.5 % (see paragraph 25.2 of the Description) by weight, and either with not more than 0.4 % total combustible or organic materials or which fulfil the requirements of Annex III-2 to Regulation (EC) No. 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers (OJ 2004, Special Edition, Chapter 13, Volume 32, p. 467);
20. Ammonium nitrate (1 250/5 000) – fertiliser grade. This applies to straight ammonium nitrate-based fertilisers and to ammonium nitrate-based compound or composite fertilisers which fulfil the requirements of Annex III-2 to Regulation (EC) No. 2003/2003 and in which the nitrogen content as a result of ammonium nitrate is:
20.1. More than 24.5 % by weight, except for mixtures of straight ammonium nitrate-based fertilisers with dolomite, limestone and (or) calcium carbonate with a purity of at least 90 %;
21. Ammonium nitrate (350/2 500) – technical grade. This applies to:
21.1. Ammonium nitrate and mixtures of ammonium nitrate in which the nitrogen content as a result of the ammonium nitrate is:
21.1.1. Between 24.5 % and 28 % by weight, and which contain not more than 0.4 % combustible substances;
22. Ammonium nitrate (10/50) – substances and fertilisers that do not conform to specifications and do not fulfil the detonation test criteria. This applies to:
22.1. Material rejected during the manufacturing process and to ammonium nitrate and mixtures of ammonium nitrate, straight ammonium nitrate-based fertilisers and ammonium nitrate-based compound or composite fertilisers referred to in clauses 20 and 21 of the Description that are being or have been returned from the final user to a manufacturer, temporary storage or reprocessing plant for reworking, recycling or treatment for safe use, because they no longer comply with the specifications of clauses 20 and 21 of the Description;
23. Potassium nitrate (5 000/10 000) – composite potassium-nitrate based fertilisers consisting of potassium nitrate in prilled or granular form which have the same hazardous properties as pure potassium nitrate.
24. Potassium nitrate (1 250/5 000) – composite potassium-nitrate based fertilisers consisting of potassium nitrate in crystalline form which have the same hazardous properties as pure potassium nitrate.
25. Nitrogen content equal to:
26. For the purpose of the implementation of the Regulations and the Description, upgraded biogas may be classified under entry 18 of Table 2 of the Description, if it has been processed in accordance with applicable standards for purified and upgraded biogas ensuring a quality equivalent to that of natural gas, including the content of methane, and which has a maximum of 1 % oxygen.
27. The quantities of polychlorodibenzofurans and polychlorodibenzodioxins shall be calculated according to toxic equivalency factors that were established in 2005 by the World Health Organisation and are specified in Table 3 (Van den Berg et al: The 2005 World Health Organization Re-evaluation of Human and Mammalian Toxic Equivalency Factors for Dioxins and Dioxin-like Compounds):
Table 3. Toxic Equivalency Factors
| 1 |
2 |
3 |
| 1. |
2,3,7,8-TCDD |
1 |
| 2. |
1,2,3,7,8-PeCDD |
1 |
| 3. |
1,2,3,4,7,8-HxCDD |
0.1 |
| 4. |
1,2,3,6,7,8-HxCDD |
0.1 |
| 5. |
1,2,3,7,8,9-HxCDD |
0.1 |
| 6. |
1,2,3,4,6,7,8-HpCDD |
0.01 |
| 7. |
OCDD |
0.0003 |
| 8. |
2,3,7,8-TCDF |
0.1 |
| 9. |
2,3,4,7,8-PeCDF |
0.3 |
| 10. |
1,2,3,7,8-PeCDF |
0.03 |
| 11. |
1,2,3,4,7,8-HxCDF |
0.1 |
| 12. |
1,2,3,7,8,9-HxCDF |
0.1 |
| 13. |
1,2,3,6,7,8-HxCDF |
0.1 |
| 14. |
2,3,4,6,7,8-HxCDF |
0.1 |
| 15. |
1,2,3,4,6,7,8-HpCDF |
0.01 |
| 16. |
1,2,3,4,7,8,9-HpCDF |
0.01 |
| 17. |
OCDF |
0.0003 |
Note. T – tetra, P – penta, Hx – hexa, Hp – hepta, O – octa