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1st AVRIL 2016. - An Act to Accredit the Cooperation Agreement of 16 February 2016 between the Federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region on the Control of Hazards in Major Accidents involving Hazardous Substances

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. Assent is given to the cooperation agreement of 16 February 2016 between the Federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region concerning the control of the dangers associated with major accidents involving hazardous substances.
Given in Brussels, 1^er April 2016.
PHILIPPE
By the King:
The Prime Minister,
Ch. MICHEL
Minister of Employment and Economy,
K. PEETERS
Minister of Security and Interior,
J. JAMBON
The Minister of the Environment,
Ms. M.-C. MARGHEM
Seal of the state seal:
The Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives
(www.lachambre.be)
Documents: 54-1669 - 2015/2016
Full report: 17 March 2016.
Cooperation agreement between the Federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region on the control of hazards associated with major accidents involving hazardous substances
Considering the special law of 8 August 1980 of institutional reforms, Article 6, § 1^erI and II, as amended by the special laws of 8 August 1988 and 16 July 1993 and the special law of 6 January 2014 relating to the Sixth Reform of the State, and article 92 bis, § 3, b), inserted by the special law of 8 August 1988 and amended by the special law of 16 July 1993;
Considering the special law of 12 January 1989 on Brussels institutions, articles 4 and 42, as amended by the special laws of 16 July 1993 and 27 March 2006, the special law of 6 January 2014 amending the special law of 12 January 1989 on the Brussels Institutions, pursuant to articles 118 and 123 of the Constitution, the special law of 6 January 2014 on the Sixth Reform of the State and the special law of 6 January 1989 amending the special law of 6 January 1989
Having regard to opinion No. 1.912 of the National Labour Council, given on 30 September 2014;
Considering the opinion of "Strategische Adviesraad Ruimtelijke Ordening - Onroerend Erfgoed", given on 26 November 2014;
In view of the cooperation agreement of 21 June 1999 between the Federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region concerning the control of hazards associated with major accidents involving hazardous substances, as amended by the cooperation agreement of 1^er June 2006;
Considering that, under Article 92bis, § 3, (b), of the special law of 8 August 1980, the federal state and the regions are required to enter into a cooperation agreement for the application at the federal and regional levels of the rules established by the European Union regarding the risks of major accidents of certain industrial activities;
Considering that this material is the subject of Directive 2012/18/EU of the European Parliament and the Council of 4 July 2012 on the control of hazards associated with major accidents involving hazardous substances, amending and repealing Directive 96/82/EC;
Considering that the Convention on the Transboundary Effects of Industrial Accidents, signed at Helsinki on 17 March 1992, and Convention No. 174 concerning the Prevention of Major Industrial Accidents, adopted at Geneva on 22 June 1993 by the International Labour Conference at its eightieth session, deal with the same subject matter and that it is therefore indicated to ensure its implementation by the same cooperation agreement;
Considering that the implementation of these provisions is in part within the competence of the federal state and in part within the jurisdiction of the regions and that certain provisions fall within common jurisdiction;
Considering that, in order to ensure a coordinated and effective implementation of these provisions on the one hand, and not to confront the operators of the establishments covered by these provisions with regulations that are insufficiently harmonized or overlapping on the other, it is essential to act through a direct enforcement cooperation agreement;
Considering that only a law-enforcement cooperation agreement provides sufficient guarantee to adopt optimal coordinated regulation for the entire Belgian territory;
Considering that, in particular in order to meet the requirements of Directive 2012/18/EU of 4 July 2012 referred to above, and to incorporate in a clear and consistent manner the new and amended provisions, the cooperation agreement of 21 June 1999 should be repealed and replaced by this cooperation agreement;
Considering that, since the adoption of the cooperation agreement of 21 June 1999, the regulations on inspection of the various services have evolved and have been modernized;
Considering that, in important the relevant provisions of federal and regional inspection regulations in the cooperation agreement, this development and modernization is taken into account, without prejudice to the concept of cooperation;
Considering that, with a view to a uniform application of the cooperation agreement and an optimal exchange of information between the competent authorities, the permanent structure of consultation that had been established under the cooperation agreement of 21 June 1999 referred to above, remains;
Considering that this cooperation agreement does not preclude regions from enacting in their legislation on establishments classified as hazardous, unhealthy and inconvenient, the obligation to prepare a security report or a security study for the assessment of the permit application under the relevant legislation, on the basis of the available and necessary data at that time;
Considering that the regions ensure that, in this case, the report or study is designed in such a way that they can be completed at a later date to form the security report referred to in this cooperation agreement;
Considering that, according to Article 31 of Directive 2012/18/EU of 4 July 2012, the Member States shall bring into force the necessary legislative and administrative provisions to comply with it by 31 May 2015;
Considering that the parties to this cooperation agreement undertake to conduct immediately after the entry into force of this cooperation agreement, a joint study on the financing of the missions of the federal and regional authorities referred to in this cooperation agreement;
The Federal State, represented by the Minister of Employment and Economy, the Minister of Security and the Interior and the Minister of the Environment;
The Flemish Region, represented by the Flemish Government, in the person of its Minister-President and the Minister of the Environment, Nature and Agriculture;
The Walloon Region, represented by the Walloon Government in the person of its Minister-President and the Minister of Environment and Land Management;
The Brussels-Capital Region, represented by the Government of Brussels-Capital in the person of its Minister-President, responsible for Territorial Development, and the Minister responsible for the Environment;
The following agreed:
CHAPTER 1^er. - General provisions
Article 1^er. § 1^er. This cooperation agreement partially transposes Directive 2012/18/EU of the European Parliament and Council of 4 July 2012 on the control of hazards associated with major accidents involving hazardous substances, amending and repealing Directive 96/82/EC.
§ 2. This cooperation agreement is directly implemented.
§ 3. The purpose of this cooperation agreement is to prevent major accidents involving hazardous substances and to limit their impact on human health and the environment, in order to ensure in a consistent and effective manner throughout the country a high level of protection.
Art. 2. For the purposes of this cooperation agreement, the following means:
1° establishment: the entire site under the control of an operator where hazardous substances are present in one or more facilities, including common or related infrastructure or activities;
establishments are either low-end establishments or high-end establishments;
2° low threshold: an establishment in which hazardous substances are present in quantities equal to or greater than the quantities listed in column 2 of Schedule 1, Part 1 or Part 2, but less than the quantities listed in column 3 of Schedule 1, Part 1 or Part 2, if applicable by applying the cumulative rule set out in footnote 4 to Schedule 1;
3° high threshold: an establishment in which hazardous substances are present in quantities equal to or greater than the quantities in column 3 of Schedule 1, Part 1 or Part 2, if applicable by applying the cumulative rule set out in footnote 4 to Schedule 1;
4° nearby establishment: an establishment located in such a proximity to another establishment that increases the risk or consequences of a major accident;
5° new establishment:
(a) an establishment that enters into service on or after the date of entry into force of this Cooperation Agreement;
(b) an operating site that enters the scope of this cooperation agreement, as a result of changes in its facilities or activities that result in a change in its inventory of hazardous substances;
(c) a low threshold facility that becomes a high threshold facility or vice versa because of changes in its facilities or activities that result in a change in its hazardous substances inventory.
6th existing establishment: an establishment
(a) that falls under the cooperation agreement of 21 June 1999 on the day before that of the coming into force of this cooperation agreement, and
(b) that from the date of the entry into force of this Cooperation Agreement enters the scope of this Agreement, without changing its classification as a low-stage or high-stage establishment;
7° other establishment: for reasons other than those mentioned in 5°, an operating site that enters the scope of this cooperation agreement or a low threshold establishment that becomes a high threshold establishment or vice versa;
8° installation: a technical unit within an establishment and on the surface or under the ground, in which dangerous substances are produced, used, manipulated or stored; It includes all equipment, structures, pipes, machines, tools, rail clutch, loading and unloading docks, fittings serving the installation, throws, deposits or similar structures, whether floating or not, necessary for the operation of this facility;
9° operator: any natural or legal person who operates the establishment;
10° hazardous substance: a substance or mixture in Part 1 or in Part 2 of Schedule 1, including as a raw material, product, derivative, residue or intermediate;
11° mixture: a mixture or solution consisting of two or more substances;
12° the presence of hazardous substances: the actual or anticipated presence of hazardous substances in the facility, or of hazardous substances that are reasonably expected to be produced in the event of loss of control of processes, including storage activities, in a facility within the facility, in quantities equal to or greater than the threshold quantities set out in Part 1 or Part 2 of Schedule 1;
13° major accident: an event such as a program, fire or explosion of major importance resulting from uncontrolled developments during the operation of an establishment covered by this cooperation agreement, resulting in a serious, immediate or delayed danger to human health or the environment, whether inside or outside the facility, and involving one or more hazardous substances;
14° danger: the intrinsic property of a dangerous substance or a physical situation of being able to cause damage to human health or the environment;
15° risk: the probability that a specific effect occurs in a given period or in specific circumstances;
16° storage: the presence of a certain quantity of hazardous substances for storage, safe storage or storage;
17° public: one or more natural or legal persons, as well as associations, organizations or groups constituted by such persons;
18° Inspection: all actions, including site visits, controls of internal measures, systems and reports and follow-up documents, as well as any necessary follow-up activities carried out by inspectors, to verify, encourage and, where appropriate, enforce compliance with the provisions of this cooperation agreement by operators;
19° Inspector: a member of inspection services referred to in Article 4, § 3, designated in accordance with Article 4, § 4;
20° inspection team: all competent inspectors for the inspection of establishments located in the territory of a region;
21° external emergency plan: the specific emergency and response plan referred to in section 2ter of the Civil Protection Act of 31 December 1963 and section 9 of the Civil Security Act of 15 May 2007;
22° Emergency planning area: the area defined under sections 2 and 2ter of the Civil Protection Act of 31 December 1963 and sections 8 and 9 of the Civil Security Act of 15 May 2007;
23rd Governor: the governors of the province and the authority of the Brussels agglomeration competent under section 48 of the special law of 12 January 1989 on the Brussels Institutions;
24th cooperation agreement of 21 June 1999: the cooperation agreement of 21 June 1999 between the Federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region concerning the control of the dangers associated with major accidents involving hazardous substances, as amended by the cooperation agreement of 1^er June 2006 and repealed by this cooperation agreement.
Art. 3. § 1^er. This cooperation agreement applies to establishments defined in section 2, 1°.
Sections 8, 12, 13, 14, paragraph 2, 15, 21, 28 and 29 apply only to high-end establishments.
§ 2. This cooperation agreement does not apply:
1° to military establishments, installations or storage areas;
2° to the dangers of ionizing radiation from substances;
3° to the transport of dangerous substances - and the temporary intermediate storage that is directly linked to it - by road, rail, inland waterways and sea or by air, including loading and unloading activities and transfer to and from another mode of transport to the loading docks, to docks or to the railway yards, outside the establishments covered by this cooperation agreement;
4° for the carriage of dangerous substances by pipelines, including pumping stations, outside the facilities covered by this cooperation agreement;
5° to be used, namely prospecting, extraction and processing, minerals in mines and quarries, including through drilling;
6° to offshore exploration and exploitation of minerals, including hydrocarbons;
7° to the storage of gas on underground offshore sites, whether for storage sites or sites where the prospecting and exploitation of minerals, including hydrocarbons, are also taking place;
8° to waste disposals, including underground waste storage.
§ 3. By derogation from paragraph 2, 5° and 8°, fall within the scope of this cooperation agreement:
1° the storage of ground gas in natural strata, aquifers, saline cavities and in unaffected mines;
2° chemical and thermal treatment operations and storage related to these operations that result in the presence of hazardous substances;
3° existing sterile disposal facilities, including sterile decantation basins, which contain hazardous substances.
Art. 4. § 1^er. shall be designated as "coordination service" for the purposes of this cooperation agreement:
1° the service designated by the Flemish Government for establishments located in the Flemish Region;
2° the service designated by the Walloon Government for establishments located in the Walloon Region;
3° the service designated by the Government of the Brussels-Capital Region, for establishments located in the Brussels-Capital Region.
§ 2. shall be designated as "evaluation service" for the purposes of this Cooperation Agreement:
1° the service designated by the Flemish Government for establishments located in the Flemish Region;
2° the service designated by the Walloon Government for establishments located in the Walloon Region;
3° the service designated by the Government of the Brussels-Capital Region for establishments located in the Brussels-Capital Region;
4° the Federal Public Service Labour Security Supervision Service Employment, Labour and Social Concertation;
5° for establishments within the scope of the general regulation on explosives, the law on underground storage of gas or the law relating to the transport of gaseous and other products by means of pipelines, the competent service of the Federal Public Service Economy, P.M.E., Classes Moyennes and Energie;
6° the service designated by the Federal Interior Public Service;
7° the competent emergency zone or the competent fire department if it is not yet integrated into an emergency zone.
§ 3. shall be designated as "inspection service" for the purposes of this cooperation agreement:
1° the service designated by the Flemish Government for establishments located in the Flemish Region;
2° the service designated by the Walloon Government for establishments located in the Walloon Region;
3° the service designated by the Government of the Brussels-Capital Region for establishments located in the Brussels-Capital Region;
4° the Federal Public Service Labour Security Supervision Service Employment, Labour and Social Concertation;
5° for establishments within the scope of the General Explosives Regulation, the law on underground storage of gas and the law on the transport of gaseous and other products by means of pipelines, the competent service of the Federal Public Service Economics, P.M.E., Classes Medium and Energy.
§ 4. Federal and regional ministers competent for the services referred to in paragraphs 1^er to 3, each designates the staff of these services, in particular those assigned to them.
The designation referred to in 1^er paragraph is published in the Belgian Monitor.
Any modification is communicated in the same way.
CHAPTER 2. - Prevention of major accidents
Art. 5. The operator shall take all necessary measures to prevent major accidents and to limit their impact on human health and the environment.
The operator is at any time in a position to prove to the relevant services, in particular inspection services, that it has taken all necessary measures under this cooperation agreement.
Art. 6. § 1^er. The operator establishes a policy for the prevention of major accidents.
The policy of prevention of major accidents ensures a high level of protection of human health and the environment and is proportionate to the dangers of major accidents.
§ 2. The operator prepares a document describing this policy.
It includes the operator's overall objectives and principles of action, the role and responsibility of management, and the commitment to continuously improve the control of major accident hazards and ensure a high level of protection.
The operator shall keep the document available to the competent inspection services.
§ 3. Paragraph 2, paragraph 1^er and 2, shall not apply if before the entry into force of this cooperation agreement the operator has prepared a document defining the policy for the prevention of major accidents under the cooperation agreement of 21 June 1999 and if the information contained in this document conforms to paragraph 2, paragraph 2, and remains unchanged.
§ 4. The operator implements the policy for the prevention of major accidents by appropriate means and structures and by a safety management system, in accordance with Appendix 2.
The safety management system is based on a risk assessment and is proportionate to the hazards of major accidents, the activities and complexity of the facility's organization.
§ 5. Without prejudice to section 10, the operator periodically and at least every five years revises the policy for the prevention of major accidents.
If necessary, the operator adapts the prevention policy and updates the document referred to in paragraph 2 in accordance with this adaptation.
Art. 7. § 1^er. The operator shall submit to the relevant coordinating service a notification containing the following information:
1° the name of the operator, the complete address of the institution concerned and its unit number in the Bank-Carrefour des Entreprises;
2° the operator's head office, full address and business number in the Bank-Carrefour des Entreprises;
3° the name and function of the person responsible for the establishment, if it is a person other than the person referred to in 1°;
4° sufficient information to identify hazardous substances and the category of substances present or likely to be present;
5° the quantity and physical form of the hazardous substance(s) concerned;
6° the activity carried out or planned in the facility or on the storage area;
7° the immediate vicinity of the establishment and the factors likely to cause a major accident or to worsen its consequences, including, where available, data relating to neighbouring establishments and sites not covered by this cooperation agreement, areas and facilities likely to be at the origin, or to increase the risk or consequences of a major accident and domino effects.
§ 2. The operator shall submit the notification or update within the following time limits:
1° for new establishments: no later than four months before the establishment is commenced or before the amendment referred to in section 2, 5°, (b) or (c);
2° for existing establishments: no later than three months after the date of entry into force of this cooperation agreement;
3° for other establishments: no later than three months after the date on which the establishment meets section 2, 7°.
§ 3. Paragraphs 1^er and 2 shall not apply if before the entry into force of this cooperation agreement the operator has introduced a notification to the coordination service under the cooperation agreement of 21 June 1999 and if the information contained in that notification is in accordance with paragraph 1^er and remain unchanged.
§ 4. The operator introduces the notification and updates in paper format in eight copies or in electronic format.
The relevant regional government may set the model as well as the format and modalities for the introduction of the notification.
§ 5. As soon as it is aware, the operator immediately informs the coordination service:
1° of changes in information referred to in paragraph 1^er1° to 3°;
2° of the final closure or decommissioning of the establishment.
Art. 8. § 1^er. The operator of a high-level institution introduced a security report to the coordination service for the following purposes:
1° demonstrate that a policy for the prevention of major accidents and a safety management system, for its application, is implemented in accordance with the elements set out in Appendix 2;
2° demonstrate that the hazards of major accidents and possible major accident scenarios have been identified and that the necessary measures to prevent such accidents and to limit their impact on human health and the environment have been taken;
3° demonstrate that the design, construction, operation and maintenance of any facility, storage area, equipment and infrastructure related to the operation of the facility, having a relationship with the hazards of major accidents within the facility, have sufficient safety and reliability;
4° to demonstrate that the internal emergency plan referred to in section 11 has been established and to provide the elements for the development of the external emergency plan referred to in section 13;
5° provide sufficient information to the coordination service, to enable it to provide advice on the establishment of new activities or developments around the establishments.
§ 2. The security report contains at least the data and information listed in Appendix 3.
The report also indicates the names of the relevant organizations involved in the preparation of the report.
§ 3. The operator shall introduce the safety report or its update within the following time limits:
1° for new establishments: not later than three months before the establishment is commenced or before the amendment referred to in section 2, 5°, (b) or (c);
2° for existing establishments: no later than 1^er June 2016;
3° for other establishments: within two years of the date on which the establishment becomes a high threshold institution;
4° without delay after the revisions referred to in paragraph 6;
§ 4. Paragraphs 1^er to 3 shall not apply if before the entry into force of this cooperation agreement the operator has introduced a security report to the coordination service under the cooperation agreement of 21 June 1999 and if the information contained in this safety report is in accordance with paragraphs 1^er and 2 remain unchanged.
§ 5. The operator introduces the security report and its updates in paper format in eight copies or in electronic format.
The relevant regional government can set the model as well as the format and modalities for the introduction of the security report.
§ 6. Without prejudice to section 10, the operator revises the safety report and, if necessary, updates it:
1° periodically and at least every five years;
2° following a major accident in the establishment;
3° at any other time, at its initiative or at the request of the coordination service, where new facts warrant it or to take into account new technical knowledge of safety, e.g., accident analysis or, to the extent possible, near-accidents, as well as the evolution of knowledge of hazard assessment.
Art. 9. § 1^er. Based on information received from operators, pursuant to sections 7 and 8 and, where applicable, information provided by the coordination service in other regions, or by an inspection service, the coordination service identifies all establishments, low or high thresholds, or groups of establishments where the risk or consequences of a major accident may be increased due to the geographic location, proximity of hazardous substances and the proximity of such facilities.
§ 2. Where the coordination service has additional information to those provided by the operator in accordance with Article 7, § 1^er7°, it shall make such information available to the operator, if necessary for the application of this article.
§ 3. Operators of establishments identified in accordance with paragraph 1^er exchange adequate information to enable each person to take into account the nature and extent of the global hazard of major accidents in their policy of prevention of major accidents, their safety management system, their notification, their safety report and their internal emergency plan.
Operators shall cooperate for the information of the public and neighbouring sites not covered by this Cooperation Agreement and for the provision of information to the Governor.
Art. 10. Before making an amendment to the establishment, installation, process or nature, physical form or quantity of hazardous substances, which may have significant consequences for the hazards of major accidents, the operator revises and, if necessary, updates the policy for the prevention of major accidents, the safety management system, notification and safety report.
The operator introduces the update of the notification and safety report to the coordination service prior to the change.
By derogation from paragraph 2, if the low-end establishment becomes a high-end institution, or vice versa, as a result of the amendment, the deadlines referred to in sections 7 and 8 for new establishments are applied.
CHAPTER 3. - Emergency plans
Art. 11. § 1^er. The operator develops an internal emergency plan to:
1° contain and control incidents to minimize their effects and to limit damage to human health, the environment and property;
2° Implement the measures to be taken within the facility to protect human health and the environment from the effects of major accidents;
3° communicate the necessary information to the intervention services and the authorities concerned;
4° provide for the rehabilitation and cleaning of the environment after a major accident.
The internal emergency plans of the upper threshold establishments contain the information referred to in Appendix 4, 1°.
§ 2. The operator develops the internal emergency plan within the following times:
1° for new establishments: not later than three months before the establishment is commenced or before the amendment referred to in section 2, 5°, (b) or (c);
2° for existing establishments: no later than 1^er June 2016;
3° for other establishments: within one year of the date on which the establishment meets section 2, 7°.
§ 3. Without prejudice to the legal competence of the Committee on Prevention and Protection at Work under the Act of 4 August 1996 on the well-being of workers during the execution of their work, the operator consults this Committee when developing the internal emergency plan.
In the absence of a committee, the operator shall consult with the union delegation and, in the absence of a union delegation, the workers themselves, in accordance with the provisions of section 53 of the law referred to in paragraph 1^er.
The operator also consults the relevant subcontracting staff working on the site in the development of the internal emergency plan.
§ 4. Paragraphs 1^er to 3 does not apply if the operator has already developed an internal emergency plan under the cooperation agreement of 21 June 1999 and the information contained in this plan is in accordance with paragraph 1^er and remain unchanged.
Art. 12. In order to determine the emergency planning zone, the federal minister who has the Interior in his or her duties determines, after having requested the advice of the regional governments, the limits, types of accidents, atmospheric conditions and scenarios to be taken into account by the operator to delineate, in the safety report, areas likely to be affected by a major accident, in accordance with Annex 3, 2, d).
Art. 13. § 1^er. Within two years of the transmission of the security report under section 27, the Governor shall prepare an external emergency plan for each high-level establishment in his or her territory for action outside the institution.
When the emergency planning area extends to the territory of other governors, the governors concerned cooperate in the development of the external emergency plan, if any, in accordance with the instructions of the federal minister who has the Interior in his or her powers.
§ 2. Derogation from paragraph 1^erParagraph 1^er, the federal minister who has the Interior in his or her powers may, by reason of decision and in the light of the data in the security report, exempt the Governor from the requirement to draft an external emergency plan for a specified institution.
Where the institution concerned is close to the territory of another Member State, the Federal Minister who has the Interior in his or her powers shall inform the competent authority of the State concerned of its reasoned decision.
§ 3. External contingency plans are developed for the following objectives:
1° contain and control incidents to minimize their effects and to limit damage to human health, the environment and property;
2° Implement the necessary measures to protect human health and the environment from the effects of major accidents;
3° provide the necessary information to the public and the relevant services and authorities;
4° provide for the rehabilitation and cleaning of the environment after a major accident.
The external contingency plans contain the information referred to in Schedule 4, 2°, and are prepared in accordance with the Minister's instructions to the Interior in his or her powers and, with respect to paragraph 1^er4°, in accordance with the instructions of the relevant regional government.
§ 4. The Governor shall ensure that the public likely to be affected by a major accident may give notice in due course in the development or substantial modification of the external emergency plans, in accordance with the instructions of the Federal Minister who has the Interior in his or her powers.
§ 5. If the emergency planning zone extends beyond the borders of the Kingdom, the Governor shall transmit the necessary data to the competent authority of the State concerned and ensure that the external emergency plan is in line with the emergency plan of that State.
To the extent possible, a common emergency plan is prepared, in accordance with Article 8, paragraph 3, of the Convention on the Transboundary Effects of Industrial Accidents, made in Helsinki on 17 March 1992.
§ 6. The federal minister who has the Interior in his duties ensures that the need to facilitate greater cooperation among member states in the field of civil security relief in the event of a major emergency is taken into account in external emergency plans.
Art. 14. The operator revises, tests and, if necessary, updates the internal emergency plan at appropriate intervals that do not exceed three years, and in the case of a high-end facility, always ensuring alignment with the external emergency plan.
The Governor shall review, test and, if necessary, update the external contingency plans at appropriate intervals that do not exceed three years.
These revisions take into account changes in the institutions concerned or within the relevant services or authorities, as well as new technical knowledge and knowledge of the measures to be taken in the event of major accidents.
Art. 15. § 1^er. The operator of a high-end facility works with the Governor:
1° when developing the external emergency plan;
2° during exercises and updates of the external emergency plan;
3° when the external emergency plan is triggered.
The federal minister who has the Interior in his or her powers sets out the modalities of this collaboration after requesting the advice of the regional governments.
§ 2. The operator of a high-end institution shall provide the Governor, at the request of the Governor and in addition to the security report, with any information necessary to develop the external emergency plan.
The Governor sets the deadline for the operator to transmit the requested information.
CHAPTER 4. - Intervention during and after a major accident
Art. 16. § 1^er. The operator shall promptly implement the internal emergency plan:
1° in a major accident;
2° at an uncontrolled event that can reasonably be expected, due to its nature, that it leads to a major accident.
§ 2. If the major accident or uncontrolled event requires a coordinated response from relief and response services, the Governor shall initiate and execute the external emergency plan in accordance with the civil security legislation and instructions to the Federal Minister who has the Interior in his or her duties.
Art. 17. § 1^er. In the conditions referred to in Article 16, § 1^er, 1° or 2°, the operator immediately prevents centre 112 and the Government Coordination and Crisis Centre.
The operator of Centre 112 shall notify the authorities and emergency and response services involved in the relevant external emergency plan, according to the procedure provided for in this plan.
§ 2. The Government Coordination and Crisis Centre shall notify:
1° the federal minister who has the interior in his duties;
2° the federal minister who has Labour Security in his duties;
3° the Federal Minister who has the Economy in his or her powers, in the case of an establishment within the scope of the General Explosives Regulations, the law on underground storage of gas or the law on the transport of gaseous and other products by means of pipelines;
4° of the region concerned, the regional minister who has the Environment in his powers;
5° the competent coordinating department;
6° competent inspection services.
§ 3. If the major accident or threat of a major accident has, or could have, consequences outside the borders of the Kingdom, the Government Coordination and Crisis Centre shall promptly notify the competent authority of the State concerned.
If the major accident or threat of a major accident has, or may have, consequences in the territory of several regions, the Government Coordination and Crisis Centre shall promptly notify the competent authority of each of the regions concerned.
Art. 18. § 1^er. As soon as possible after a major accident, the operator shall provide the following information to the Government Coordination and Crisis Centre and the relevant inspection services:
1° the circumstances of the accident;
2° the hazardous substances involved;
3° available data to assess the impact of the accident on human health, the environment and property;
4° the emergency measures taken.
After investigating the accident, the operator informs the Government Coordination and Crisis Centre and the competent inspection services also of the measures envisaged to:
1° limit the medium and long-term effects of the accident;
2° prevent the accident from happening again.
The operator will update the information provided if a more thorough investigation reveals new elements to amend this information or its conclusions and forwards the update to the Government Coordination and Crisis Centre and the relevant inspection services.
§ 2. The competent inspection team shall ensure that the inspectors, in accordance with sections 31 and 33:
1° collect the information necessary for a complete analysis of the technical, organizational and accident management aspects;
2° undertake appropriate steps for the operator to take the necessary corrective actions;
3° make recommendations on future preventive measures;
4° ensure that the operator takes all necessary urgent measures and the necessary measures in the medium and long term.
§ 3. After a major accident, the governor provides information on the accident that occurred and, where applicable, on the measures taken to mitigate its consequences.
Art. 19. § l^er. The competent inspection team shall inform the European Commission of major accidents in the Kingdom that meet the criteria of Annex 5.
The inspection team provides the following details:
1° the Member State, the name and address of the inspection service responsible for establishing the report;
2° the date, time and place of the major accident, with the full name of the operator and the address of the establishment in question;
3° a brief description of the circumstances of the accident, indicating the hazardous substances involved and the immediate effects on human health and the environment;
4° a brief description of the emergency measures taken and the immediate measures necessary to prevent the occurrence from happening again.
5° the results of their analysis and recommendations.
§ 2. The competent inspection team shall provide the information referred to in paragraph 1^er as soon as possible and no later than one year after the accident, using the European Commission database.
The communication of this information can only be postponed to allow the prosecution of judicial proceedings until their completion, in the event that this communication might affect the course.
For information referred to in paragraph 1^er, paragraph 2, 5°, where only preliminary information may be provided within the time limit referred to in paragraph 1^er, the inspection team updates this information once the results of a deeper analysis or new recommendations are available.
§ 3. The Government Coordination and Crisis Centre shall communicate to the European Commission the name and address of any organization or service that may have information on major accidents and that would be able to advise the competent authorities of other Member States to act in the event of such an accident.
CHAPTER 5. - Public information
Art. 20. The following services shall keep the information referred to in Schedule 6 permanently available to the public, including electronically:
1° Coordination Service: Items 1 to 4 and 7 of Part 1 and Item 1 of Part 2 of Schedule 6;
2° the service designated by the Federal Interior Public Service: Item 5 of Part 1 and Items 2 to 4 of Part 2 of Schedule 6;
3° the designated inspection service of the Federal Public Service Employment, Labour and Social Concertation: Item 6 of Part 1 of Schedule 6;
These services update, if necessary, this information, especially when notified of an amendment referred to in Article 10.
Art. 21. § 1^er. For high-end establishments, the federal minister who has the Interior in his or her duties ensures that clear and understandable information regarding the safety measures to be taken and the conduct to be carried out in the event of a major accident is provided on a regular basis and in the most appropriate form, to all persons, to all buildings and areas frequented by the public, including schools and hospitals, and to all neighbouring establishments and nearby sites not covered by accident
When the consequences may extend beyond the borders of the Kingdom, the federal minister who has the Interior in his powers shall make such information available to the competent authority of the State that may be affected.
The information referred to in paragraph 1^er include at least the information referred to in Schedule 6.
§ 2. The federal minister who has the Interior in his duties ensures that the information:
1° be provided at least every 5 years;
2° be regularly revised and, if necessary, updated at least in case of amendments within the meaning of Article 10.
Art. 22. For the purpose of transparency, the competent authorities shall make the information available to them pursuant to this cooperation agreement at the disposal of any natural or legal person who so requests, in accordance with the legislation concerning public access to environmental information.
The provision of information may be denied or limited by the competent authorities under the conditions provided for in the applicable legislation referred to in paragraph 1^er.
Art. 23. § 1^er. Safety reports, including the inventory of hazardous substances, are made available to the public upon request from the coordination service.
§ 2. The coordination department may refuse to make part of this information available for reasons covered by the legislation regarding public access to environmental information.
The operator may request the coordination service not to disclose certain parts of the safety report, or the inventory of hazardous substances for the reasons provided by the legislation referred to in paragraph 1^er.
§ 3. In the event of a refusal to make available to certain parties under paragraph 2, the operator shall provide the coordination service with a security report or an amended inventory which the parties are excluded.
The amended safety report contains, at a minimum, general information on major accident hazards and their potential effects on human health and the environment.
Art. 24. Any person who requests information under articles 22, paragraph 1^eror 23 § 1^er, has an appeal against the decision of refusal or the absence of a decision in accordance with the legislation concerning public access to environmental information.
CHAPTER 6. - Mastering urbanization and public participation in decision-making
Art. 25. § 1^er. The regions ensure that the objectives of preventing major accidents and limiting the consequences of such accidents for human health and the environment are taken into account in their urbanization control policy or in other relevant policies. They pursue these objectives by monitoring:
1° of new establishments;
2° of amendments to the establishments referred to in Article 10;
3° of new facilities made around establishments, including transportation routes, places frequented by the public and residential areas, where the location or accommodations are likely to originate, or increase the risk or consequences of a major accident.
§ 2. The regions ensure that their urbanization control policy or other relevant policies and procedures for the implementation of these policies take into account the long-term need:
1° to maintain appropriate safety distances between, on the one hand, the establishments covered by this Agreement and, on the other, the residential areas, buildings and areas frequented by the public, recreational areas and, to the extent possible, the main transport routes;
2° to protect areas of particular natural interest or of particular sensitivity, located near establishments, providing, where appropriate, adequate safety distances or other appropriate measures;
3° in the case of existing establishments and other institutions, take additional technical measures in accordance with Article 5, so as not to increase the risks to human health and the environment.
§ 3. The regions shall introduce appropriate consultation procedures to facilitate the implementation of the policies agreed in accordance with paragraph 1. The procedures are designed to ensure that, at the time of decision-making, sufficient information was provided by operators on the risks associated with the establishment and that technical advice on these risks is available, either on a case-by-case basis or on a general basis.
The regions ensure that operators of low-level institutions provide, at the request of the competent authority, sufficient information on the risks associated with the establishment for the purpose of urbanization control.
Art. 26. § 1^er. The regions shall make arrangements to give the public concerned, in due course, the opportunity to give their opinion on specific individual projects related to:
1° the establishment of new establishments in accordance with Article 25;
2° significant changes in establishments within the meaning of section 10, where the proposed amendments are subject to the requirements set out in section 25;
3° new facilities made around establishments where the location or layouts are likely to increase the risk or consequences of a major accident, in accordance with section 25.
It is understood by public concerned, persons affected or at risk of being affected by a decision on any matter covered by paragraph 1^er, or who have an interest in this regard. Non-governmental organizations working for the protection of the environment and meeting the conditions that may be applicable under regional regulations are deemed to have an interest.
The regions shall also take the necessary steps to ensure that appeal proceedings are accessible to the public concerned in the cases referred to in paragraph 1^er.
§ 2. In the preparation of general plans or programs related to matters referred to in paragraph 1^erParagraph 1^er1° or 3°, the regions shall make the necessary arrangements to give the public, in due course, effective opportunities to participate in their preparation and modification or revision.
The regions determine the public authorized to participate for the purposes of paragraph 1^er, including relevant non-governmental organizations that meet all relevant conditions under regional regulations, such as those for environmental protection.
CHAPTER 7. - Data transmission
Art. 27. Immediately after receipt of a notification or security report, the coordination service shall transmit a copy thereof:
1° to the competent evaluation services;
2° to competent inspection services;
3° to the competent governor;
4° in the competent village.
The data of these documents can be made available in a data bank accessible to all relevant services.
Art. 28. § 1^er. The evaluation services assess, each with respect to them, the security reports received and transmit their possible comments to the coordination department:
1° in the case of a new establishment: within two months of the day on which they received the security report;
2° in other cases: within a period of at least three months fixed by the coordination service.
§ 2. The coordination service shall transmit to the operator the conclusions relating to the assessment of the safety report:
1° in the case of a new establishment: no later than three months after receipt of the security report by the coordination service;
2° in other cases: within nine months of receipt of the security report by the coordination service.
Where applicable, the coordination service shall indicate any changes or supplements to the report, within a reasonable period of time it determines.
The coordination service shall provide for information the conclusions and modifications and supplements requested to the services referred to in section 27.
§ 3. The operator shall communicate the amended safety report pursuant to paragraph 2, paragraph 2, to the coordination service that is responsible for its distribution in accordance with the terms and conditions set out in section 27.
The amended or completed safety report is assessed in accordance with paragraphs 1^er and 2.
§ 4. As part of the evaluation of a security report, the coordination department brings together an evaluation commission:
1° if he deems it appropriate;
2° at the request of an evaluation service;
3° if an evaluation service indicates that, with respect to it, measures to prevent and limit major accidents are clearly insufficient.
The assessment board shall consist of the evaluation services concerned. The coordination service may also invite, if necessary, the competent inspection services.
The chair and the secretariat of the evaluation commission are provided by the coordination department.
The assessment board shall examine the comments received and table common conclusions.
The operator is heard upon request.
§ 5. Where applicable and in accordance with section 34, the coordination service shall transmit to the competent authority to issue the permit the reasoned request of the assessment board or assessment service, to prohibit the exploitation or continuation of the operation of any or part of the establishment concerned, within the time limits specified in paragraph 2, paragraph 1^er.
§ 6. The evaluation services shall consult regularly for the uniform application of this cooperation agreement as possible.
Art. 29. If the consequences of a major accident in a high-end establishment may extend beyond the borders of the Kingdom, the coordination service shall transmit a copy of the safety report to the competent authority of the State concerned if it is a party to the Convention on the Transboundary Effects of Industrial Accidents, made in Helsinki on 17 March 1992 and so on, with a view to the application of the procedure provided for in Annex III to this Convention, unless this procedure has been applied
If the consequences may extend outside the area where the facility is located, the coordination department shall forward a copy of the security report to the coordination service of the region or regions that may be affected.
Art. 30. The Government Coordination and Crisis Centre acts as a liaison body for the notification of industrial accidents in accordance with Article 10 of the Convention on the Transboundary Effects of Industrial Accidents in Helsinki on 17 March 1992 and as a liaison body for mutual assistance in accordance with Article 12 of the Convention.
CHAPTER 8. - Inspection
Art. 31. § 1^er. The inspectors shall monitor compliance with the provisions of this cooperation agreement by the operators.
They encourage respect and, if necessary, impose it.
§ 2. To avoid or stop cases of non-compliance, they may:
1° to encourage operators to take the necessary corrective actions;
2° take measures of constraint or apply to the competent authorities;
3° to see offences by minutes which proves the contrary.
§ 3. For the performance of the mission and for the powers of inspectors referred to in paragraphs 1^er and 2, as well as the appeal against coercive measures:
1° the provisions of articles 16.3.10 up to 16.3.22, 16.3.24 up to 16.3.27, 16.4.1 up to 16.4.17 relating to administrative measures, 16.5.1 up to 16.5.4 with respect to costs for the execution of administrative measures and security measures, and 16.7.1 up to 16.7.9 of the decree of 5 April 1995 containing general provisions concerning the policy of the environment and its decrees of enforcement shall apply §
2° the provisions of Book I^er the Code of the Environment, a party of the decree, Part VIII and its enforcement orders apply to inspectors who are part of the service referred to in Article 4 § 3, 2°;
3° the provisions of the order of March 25, 1999 relating to the search, recognition, prosecution and punishment of environmental offences and its enforcement orders apply by analogy to inspectors who are part of the service referred to in Article 4 § 3, 3°;
4° the provisions of Book I^er the Social Criminal Code and Article 2 of the Law of 2 June 2010 on provisions of social criminal law and their enforcement orders apply by analogy to inspectors who are part of the services referred to in Article 4 § 3, 4° and 5°.
Art. 32. § 1^er. Inspection services establish an inspection team by region.
§ 2. The Federal Public Service Inspection Service Employment, Labour and Social Concertation provides coordination within each inspection team and the overall coordination of the various inspection teams. The terms and conditions of this coordination are specified in Appendix 7.
Art. 33. § 1^er. The inspection teams organize in consultation a system of inspections, which includes the elements referred to in paragraphs 2 to 8.
§ 2. Inspection teams establish an inspection plan covering all establishments with the following elements:
1st general assessment of relevant security issues;
2° the geographic area covered by the inspection plan;
3° the list of establishments covered by the plan;
4° the list of establishments with a risk of domino effects;
5° the list of establishments where specific sources of external hazards or hazards may increase the risk or consequences of a major accident;
6° programs for routine checks referred to in paragraph 3 and procedures for such controls;
7° of procedures for unscheduled controls referred to in paragraph 6;
8° of the provisions concerning cooperation between inspection services.
Inspection teams regularly review the inspection plan and, where applicable, update it.
§ 3. Based on the inspection plan, inspection teams establish routine control programs for all establishments. The programs mention at least:
1° the nature of the planned controls and the method applied;
2° the frequency for site visits;
3° inspection services responsible for the concrete execution of the controls.
Each inspection service is responsible for the execution of the controls that the programs charge them. Inspection services may include joint controls. Where possible, they coordinate controls with controls under other relevant regulations.
§ 4. Inspection teams determine the content of the programs, in particular the frequency of on-site visits and adapt them from a systematic assessment of the hazards of establishments based at least on the following criteria:
1° the potential impact of the institutions concerned on human health and the environment;
2° results in respect of the provisions of this cooperation agreement by the operators.
Inspection teams may also take into account the relevant findings of controls conducted under other relevant regulations.
§ 5. Controls do not depend on receipt of the security report or other reports submitted.
They are adapted to the type of establishment concerned and are designed to enable a planned and systematic review of the technical systems, organizational systems and management systems applied in the facility to ensure in particular that:
1° the operator is able to prove that it has taken appropriate measures, taking into account the activities of the establishment, to prevent any major accident;
2° the operator is able to prove that it has taken appropriate measures to limit the consequences of major accidents on the site and outside the facility;
3° the data and information contained in the security report or in another report presented accurately reflect the location of the facility.
§ 6. The inspectors shall conduct unscheduled controls in order to review, as soon as possible, serious complaints, incidents, accidents and near-accidents, as well as cases of non-compliance with the provisions of this cooperation agreement.
§ 7. Within four months of each inspection, the inspectors concerned shall communicate to the operator the findings of the control and the necessary corrective actions.
The inspectors concerned shall undertake appropriate steps to ensure that the operator takes all necessary corrective actions within a reasonable period of time.
§ 8. When the inspectors note an important case of non-compliance with the provisions of this cooperation agreement during a review, they conduct additional monitoring within six months.
Without prejudice to section 31, the inspection services concerned shall address to the competent authority to issue the permit, pursuant to section 34, a reasoned request, to prohibit the exploitation or continuation of the operation of any or part of the facility concerned when the inspectors consider that the measures taken by the operator to prevent major accidents and to limit the consequences are clearly insufficient and, in particular, if there are any serious breaches of the permit.
CHAPTER 9. - Prohibition of exploitation
Art. 34. § 1^er. Without prejudice to section 31, the competent authority to issue the permit prohibits the exploitation or continuation of the operation of any, or part of the establishment, in accordance with the legislation governing the operating licence of the establishment concerned, where the measures taken by the operator to prevent major accidents and to limit the consequences are clearly insufficient.
The competent authority shall make its decision:
1° or ex officio;
2° on request for this purpose of an evaluation service or assessment board;
3° on request motivated for this purpose of an inspection service.
§ 2. The decision of the competent authority may be appealed in accordance with the legislation governing the operating licence of the establishment concerned.
CHAPTER 10. - Criminal provisions
Art. 35. § 1^er. Is punishable by imprisonment from one month to five years and a fine of 100 to 500,000 euros or one of these penalties only, the operator who:
1° in violation of Article 5, does not take all necessary measures to prevent major accidents and to limit its consequences to human health and the environment or is not in a position to demonstrate that it has taken all necessary measures under this cooperation agreement;
2° in violation of sections 6 or 10, does not establish the policy for the prevention of major accidents, does not describe it in a document, does not implement it by appropriate means and structures and by a security management system in accordance with Annex 2, or does not revise it and adapt it to the revision;
3° in violation of articles 7 or 10, does not introduce the notification or update, or does not revise it and does not update it following the revision;
4° in violation of sections 8, 10 or 28, does not introduce the security report or its update, does not revise it and does not update it as a result of the revision, or does not communicate the modified or completed security report following the assessment of the security report;
5° in violation of section 9, does not exchange information when the establishment is identified as a part of establishments or a group of establishments in which the risk or consequences of a major accident may be increased as a result of the geographic location, proximity to these establishments and the presence of hazardous substances;
6° in violation of articles 11 or 14, does not establish or revise the internal emergency plan, does not test it and does not update it as a result of the revision and testing;
7° in violation of Article 15, does not provide the additional information necessary for the development of the external emergency plan;
8° in violation of sections 16 or 17, does not implement without delay the internal emergency plan during a major accident or at an uncontrolled event which may reasonably be expected, due to its nature, to lead to a major accident, or does not prevent in such circumstances center 112 and the Government Coordination and Crisis Centre;
9° in violation of Article 18, following a major accident, does not disclose the required information to the Government Coordination and Crisis Centre and the relevant inspection services, does not inform them of the measures envisaged, does not update the information provided, or does not transmit the update to the Government Coordination and Crisis Centre and the relevant inspection services.
§ 2. Is punishable by imprisonment from one month to one year and a fine of 100 to 100,000 euros or one of these penalties only, the operator who:
1° opposes or hinders inspectors' missions;
2° does not respect the measures of restraint.
CHAPTER 11. - The Seveso-Helsinki Cooperation Commission
Art. 36. § 1^er. A permanent structure of consultation, known as the Seveso-Helsinki Cooperation Commission, is established for the proper functioning of this cooperation agreement.
§ 2. The Seveso-Helsinki Co-operation Commission is composed of a representative of each service referred to in Article 4 of this Cooperation Agreement and the competent department in the area of development of each region.
The Seveso-Helsinki Cooperation Commission decides by consensus after deliberation between the services represented.
The Seveso-Helsinki Cooperation Commission may invite unrepresented public services and experts to participate in the deliberations and to provide advice on issues for which they have specific expertise or expertise.
If consensus cannot be reached, the subject matter will be submitted to the Interdepartmental Conference of the Environment, extended to other relevant federal and regional ministers. In the absence of consensus in this Conference, the issue is referred to the Committee for Consultation referred to in article 31 of the ordinary law of 9 August 1980 of institutional reforms.
§ 3. The Seveso-Helsinki Cooperation Commission is responsible for:
1° ensure uniform application throughout the territory of the Kingdom of this cooperation agreement;
2° harmonize, between services, information exchanges and decision criteria for the application of this Agreement;
3° coordinate, among services, initiatives and disseminate research and development results related to the control of major accident risks;
4° seek coherent solutions to the problems of particular institutions and establish administrative jurisprudence;
5° to encourage services to share experiences at the Belgian and European level and to coordinate the representation of Belgium within the commissions, conferences, committees and working groups, with regard to the control of hazards related to major accidents or related materials;
6° ensure cooperation between the services for the implementation of Article 20, with a view to coherent public information;
7th coordination of the data to be communicated to the European Commission, in particular concerning the establishments and implementation of this cooperation agreement.
8° to coordinate international policy actions and positions with regard to the control of hazards associated with major accidents.
§ 4. The Seveso-Helsinki Cooperation Commission holds at least four plenary meetings per year.
Each meeting is subject to an agenda and minutes issued in a timely manner to all members.
The international policy positions are addressed to the Chairman of the Coordinating Committee of the International Environmental Policy.
The Presidency and the secretariat are provided by the Federal Public Service Employment, Labour and Social Concertation.
CHAPTER 12. - Final provisions
Art. 37. Equivalent information submitted by the operator in accordance with other regulations is accepted for the purposes of this cooperation agreement as long as it meets the requirements of this cooperation agreement.
In such cases, the services referred to in section 4 shall ensure compliance with the requirements of this cooperation agreement.
Art. 38. Annexes 1 to 6 to this Cooperation Agreement may be amended by cooperation agreement not subject to the legislative approval when it is only amendments in accordance with European regulations.
Art. 39. Members of the jurisdiction referred to in Article 92 bis, § 5, paragraph 1^er, of the special law of 8 August 1980 of the institutional reforms and tasked with resolving disputes of interpretation or enforcement of this cooperation agreement, are designated by the Council of Ministers, the Flemish Government, the Walloon Government and the Government of the Brussels-Capital Region respectively.
The operating costs of the jurisdiction will be equally distributed among the parties involved in the dispute.
Art. 40. The cooperation agreement of 21 June 1999 between the Federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region concerning the control of hazards associated with major accidents involving hazardous substances, as amended by the cooperation agreement of 1 June 2006, is repealed.
Art. 41. Until their possible change, the references made to the cooperation agreement of 21 June 1999 by the provisions of federal and regional legislation and regulations agree to this cooperation agreement.
Art. 42. This cooperation agreement comes into force on the day of the publication to the Belgian Monitor of the last act of approval and as soon as 1^er June 2015.
Done in Brussels on 16 February 2016, in an original copy.
For the federal state:
The Prime Minister,
Ch. MICHEL
Minister of Employment and Economy,
K. PEETERS
Minister of Security and Interior,
J. JAMBON
Minister of the Environment,
Mrs. M.-C. MARGHEM
For the Flemish Region:
The Minister-President of the Flemish Government,
G. BOURGEOIS
The Flemish Minister of the Environment, Nature and Agriculture,
Mrs. J. SCHAUVLIEGE
For the Walloon Region:
Minister-President of the Walloon Government,
P. MAGNETTE
Walloon Minister of the Environment and Land Planning,
C. DI ANTONIO
For the Brussels-Capital Region:
The Minister-President of the Government of the Brussels-Capital Region, responsible for territorial development,
R. VERVOORT
Minister of Government of the Brussels-Capital Region responsible for the Environment,
Mrs. C. FREMAULT

Annex 1
Hazardous substances
Hazardous substances in the hazard categories listed in column 1 of Part 1 are subject to the threshold quantities specified in columns 2 and 3 of Part 1.
When a hazardous substance falls under Part 1 and is also listed in Part 2, the threshold quantities specified in Columns 2 and 3 of Part 2 apply.
PART 1. - Categories of hazardous substances
This section covers all hazardous substances in the hazard categories listed in column 1:

For the consultation of the table, see image

NOTES RELATING TO ANNEX 1
1. Substances and mixtures are classified according to Regulation (EC) No 1272/2008.
2. Mixtures are assimilated to pure substances as long as the concentration limits set according to their properties in Regulation (EC) No 1272/2008, or its last adaptation to technical progress, unless a percentage composition or other description is specifically given.
3. The threshold quantities indicated above are defined by establishment.
The quantities that must be considered for the application of the articles concerned are the maximum quantities that are present or are likely to be present at any time. Hazardous substances in an establishment in quantities less than or equal to 2% of the relevant threshold quantity are not considered in the calculation of the total quantity present if their location within the establishment is such that substances cannot trigger a major accident elsewhere in that facility or that they cannot increase the consequences of an accident.
4. The following rules governing the accumulation of hazardous substances or categories of hazardous substances apply, if applicable:
In the case of an establishment in which no hazardous individual substance is present in a quantity greater than or equal to the threshold amount indicated, the following rule is applied to determine whether the establishment is subject to the requirements of this cooperation agreement.
This cooperation agreement applies to upper threshold establishments if the amount obtained by the formula:
q1/QU1 + q2/QU2 + q3/QU3 + q4/QU4 + q5/QU5 + ... is greater than or equal to 1,
where qx is the quantity of the hazardous substance x (or category of hazardous substances) in Part 1 or Part 2 of this Annex,
and QUX means the relevant threshold quantity for the hazardous substance or category x, as indicated in column 3 of Part 1 or Part 2 of this annex.
This cooperation agreement applies to low threshold establishments if the amount obtained by the formula:
q1/QL1 + q2/QL2 + q3/QL3 + q4/QL4 + q5/QL5 + ... is greater than or equal to 1,
where qx is the quantity of the hazardous substance x (or the hazardous substance category) under Part 1 or 2 of this Annex,
and QLX means the relevant threshold quantity for the hazardous substance or category x, which is indicated in column 2 of Part 1 or 2 of this annex.
This rule is used to assess health hazards, physical hazards and environmental hazards. It must therefore be applied three times:
(a) to make the sum of the hazardous substances in Part 2 that are classified as Category 1, 2 or 3 of Acute Toxicity (by inhalation) or STOT SE Category 1, and of hazardous substances that fall under Section H, sections H1 to H3 of Part 1;
(b) to make the sum of the hazardous substances in Part 2 that are explosive, flammable gases, flammable aerosols, oxidizing gases, flammable liquids, self-reactive substances and mixtures, organic peroxides, pyrophoric liquids and solids, oxidizing liquids and solids, and hazardous substances under Section P,
(c) to make the sum of the hazardous substances in Part 2 that are hazardous to the aquatic environment, Acute Category 1, Chronic Category 1 or Category 2 and Hazardous Substances that fall under Section E, Sections E1 and E2 of Part 1.
The relevant provisions of this Cooperation Agreement shall apply if one of the amounts obtained in (a), (b) or (c) is greater than or equal to 1.
5. In the case of hazardous substances that are not covered by Regulation (EC) No 1272/2008, including wastes, and that are nevertheless present, or likely to be present, in an establishment and that present, or are likely to present, under the conditions prevailing in the establishment, equivalent properties with respect to their potential for major accidents, these substances are provisionally assigned to the closest class or hazardous substance.
6. For hazardous substances with properties that give rise to several classifications, the threshold quantities, for the purposes of this cooperation agreement, are the lowest quantities. However, for the purpose of applying the rule set out in note 4, the lowest threshold quantity for each group of categories listed in note 4, points (a), (b) and (c) corresponding to the classification concerned is used.
7. Hazardous substances in the TOXICITE AIGU category, category 3, oral exposure (H 301), are listed under the heading H2 TOXICITE AIGU in cases where neither acute inhalation toxicity classification nor acute skin toxicity classification can be established, for example because of the absence of conclusive inhalation and skin toxicity data.
8. Explosible hazard class includes explosive items [see Appendix I, Section 2.1, of Regulation (EC) No 1272/2008]. If the quantity of explosive substance or mixture contained in the article is known, this quantity is considered for the purposes of this cooperation agreement. If the quantity of explosive substance or mixture contained in the article is not known, the entire article shall be considered to be explosive for the purposes of this cooperation agreement.
9. Tests to highlight the explosive properties of substances and mixtures are required only if the selection procedure provided for in Appendix 6, Part 3, of the UN Recommendations on the Transport of Dangerous Goods, Manual of Tests and Criteria (1) (hereinafter referred to as the UN Manual of Tests and Criteria) determines that the substance or mixture is likely to present properties.
10. The explosives of Division 1.4 unpacked or repackaged are classified as P1a, unless it is shown that the danger still corresponds to Division 1.4, in accordance with Regulation (EC) No 1272/2008.
11. 1. Flammable aerosols are classified in accordance with the Royal Decree of 31 July 2009 on aerosol generators. The "extremely flammable" and "flammable" aerosols of this decree correspond respectively to the flammable aerosols of categories 1 and 2 of Regulation (EC) No 1272/2008.
11. 2. In order to be able to use this classification, it must be demonstrated that the aerosol generator does not contain Category 1 or 2 flammable gas or Category 1 flammable liquid.
12. In accordance with paragraph 2.6.4.5 of Schedule I to Regulation (EC) No 1272/2008, it is not necessary to classify liquids with a flashpoint greater than 35° C in category 3 if the burning test maintained from point L.2, part III, section 32, of the UN Manual of Tests and Criteria gave negative results. However, this remark is not valid in case of high conditions, such as high temperature or pressure, and these liquids must then be classified in this category.
13. Ammonium nitrate (5,000/10 000): fertilizers that may be decomposed
Applies to compound fertilisers/complexes based on ammonium nitrate (ammonium nitrate compound fertilisers/complexes contain ammonium nitrate and phosphate and/or potash) that are likely to be decomposed to self-contained decomposition according to the UN Nitrate Decomposition Test (see 38 U.N. Test and Criteria Manual),
- between 15.75 % (2) and 24.5% (3) by weight and containing not more than 0.4 % of total organic fuels/materials, or meet the requirements of Annex III-2 of Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 on fertilizers,
- less than or equal to 15.75 per cent by weight, without limiting the content of fuels.
14. Ammonium nitrate (1,250/5000): fertilizer quality
Applies to single fertilisers based on ammonium nitrate and fertilizer compounds/complexes based on ammonium nitrate that meet the requirements of Schedule III-2 of Regulation (EC) No. 2003/2003 and whose nitrogen content due to ammonium nitrate is:
- greater than 24.5% by weight, except for mixtures of single fertilizer based on ammonium nitrate with dolomite, limestone and/or calcium carbonate, whose purity is at least 90%,
- greater than 15.75 % by weight for ammonium nitrate and ammonium sulfate mixtures,
- greater than 28% (4) by weight for mixtures of single fertilizer based on ammonium nitrate with dolomite, limestone and/or calcium carbonate, whose purity is at least 90%.
15. Ammonium nitrate (350/2 500): technical quality
applies to ammonium nitrate and ammonium nitrate mixtures in which the nitrogen content due to ammonium nitrate is:
- between 24.5% and 28% by weight and not more than 0.4% of fuel substances,
- more than 28% by weight and not more than 0.2% of fuel substances.
Also applies to aqueous ammonium nitrate solutions in which ammonium nitrate concentration is greater than 80% by weight.
16. Ammonium nitrate (10/50): "off-specs" (excluding specifications) and fertilizer not satisfying the detonation test.
Applies to:
- materials rejected during the manufacturing process as well as ammonium nitrate and ammonium nitrate mixtures, simple fertilizers based on ammonium nitrate and fertilizer compounds/complexes based on ammonium nitrate referred to in notes 14 and 15, which are or have been returned by the end user to a manufacturer, temporary storage facility or a reprocessing plant
- fertilizers referred to in footnote 13, first dash, and in footnote 14 to this annex that do not meet the requirements of Schedule III-2 of Regulation (EC) No 2003/2003.
17. Potassium nitrate (5,000/10 000)
Applies to fertilizers made of potassium nitrate (in the form of tablets or granules) that have the same hazardous properties as pure potassium nitrate.
18. Potassium nitrate (1,250/5000)
Applies to fertilizer compounds based on potassium nitrate (in the form of crystals) that have the same hazardous properties as pure potassium nitrate.
19. Biogaz refined
For the implementation of this cooperation agreement, the refined biogas can be classified under section 18 of Part 2 of Schedule I when treated in accordance with the applicable standards for purified and refined biogas, ensuring a quality equivalent to that of natural gas, including for the content of methane, and has a maximum oxygen content of 1%.
20. Polychlorodibenzofurans and polychlorodibenzodioxins
The quantities of polychlorodibenzofurans and polychlorodibenzodioxins are calculated using the following toxic equivalence factors (FTEs):

21. In cases where this hazardous substance also falls under the flammable liquid P5a or flammable liquid P5b, the lowest threshold quantities apply for the purposes of this cooperation agreement.
____
Notes
(1) More detailed guidance on test exemptions is provided in the description of method A.14; see Commission Regulation (EC) No 440/2008 of 30 May 2008 establishing test methods in accordance with Regulation (EC) No 1907/2006 of the European Parliament and Council concerning the registration, assessment and authorization of chemical substances, as well as the restrictions applicable to these substances (REACH)
(2) A nitrogen content of 15.75 % by weight due to ammonium nitrate corresponds to 45% ammonium nitrate.
(3) A nitrogen content of 24.5% by weight due to ammonium nitrate corresponds to 70% ammonium nitrate.
(4) A nitrogen content of 28% by weight due to ammonium nitrate corresponds to 80% ammonium nitrate
Done in Brussels on 16 February 2016, in an original copy.
For the federal state:
The Prime Minister,
Ch. MICHEL
Minister of Employment and Economy,
K. PEETERS
Minister of Security and Interior,
J. JAMBON
Minister of the Environment,
Mrs. M.-C. MARGHEM
For the Flemish Region:
The Minister-President of the Flemish Government,
G. BOURGEOIS
The Flemish Minister of the Environment, Nature and Agriculture,
Mrs. J. SCHAUVLIEGE
For the Walloon Region:
Minister-President of the Walloon Government,
P. MAGNETTE
Walloon Minister of the Environment and Land Planning,
C. DI ANTONIO
For the Brussels-Capital Region:
The Minister-President of the Government of the Brussels-Capital Region, responsible for territorial development,
R. VERVOORT
Minister of Government of the Brussels-Capital Region responsible for the Environment,
Mrs. C. FREMAULT

Annex 2
Information referred to in Article 6, § 4, and Article 8, § 1, concerning the safety management system and the organization of the establishment for the prevention of major accidents
For the implementation of the developed safety management system, the operator shall take into account the following:
1. The safety management system encompasses the part of the overall facility management system that contains the organizational structure, responsibilities, practices, procedures, processes and resources that enable the identification and implementation of the policy for the prevention of major accidents, taking into account best practices available.
2. The following elements and activities are to be taken into account in the security management system and in procedures defining how these elements and activities are developed, adopted and implemented within the company:
(i) organization and staff:
(a) the roles and responsibilities of staff involved in managing the risks of major accidents at all levels of the organization;
(b) measures taken to raise awareness of the need for permanent improvement;
(c) identification of staff training needs and organization of such training;
(d) collaboration with third parties on important security activities;
e) the involvement of the company staff, as well as those third parties.
ii) identification and assessment of hazards of major accidents:
(a) the systematic identification of hazards of major accidents that may occur under normal or abnormal operating conditions, including, where appropriate, in activities performed by third parties;
(b) the risk assessment associated with these hazards;
c) the definition and implementation of measures to control these risks.
(iii) Mastery of design:
(a) design of installations and processes;
(b) planning and implementing changes to existing facilities and processes;
(iv) Operational control:
(a) the safety of operation of the facilities in all circumstances, for example, in normal operation, but also on start-up, temporary stops or interviews;
(b) Alarm management;
(c) assurance of the proper status and operation of the measures put in place to manage the risk of major accidents, including:
- the definition and implementation of the strategy and methodology for monitoring and monitoring the correct state and functioning of these measures;
- the definition and implementation of the necessary countermeasures in case of non-compliance;
(d) the control of the risks of major accidents resulting from the degradation of equipment, such as ageing or corrosion, including:
- the inventory of the equipment concerned;
- the inventory of possible degradation phenomena;
- the definition and implementation of the strategy and methodology for monitoring and monitoring the state of these equipment;
- the definition and implementation of the actions to be undertaken, on the basis of this monitoring and control, to preserve the good condition of the equipment, such as repair or replacement of equipment, or to adapt the working conditions;
(v) emergency planning:
(a) the systematic identification of predictable emergencies;
(b) the development, testing, revision and updating of an internal emergency plan for these emergencies;
(c) the organization of specific training to all staff involved in the establishment, including third parties;
(vi) the accident and incident investigation:
(a) reporting and recording of major accidents and incidents, in particular incidents in which the measures in place failed;
(b) analysis of these accidents and incidents;
(c) the development and implementation of corrective measures to prevent the recurrence of such accidents and incidents;
(vii) the audit and revision:
(a) the ongoing assessment of compliance with the objectives of the prevention of major accidents and the safety management system, as well as the introduction of investigation and correction mechanisms in the event of non-compliance; This may include performance indicators, such as safety performance indicators or other relevant indicators;
(b) the systematic and periodic assessment of the adequacy and effectiveness of the policy for the prevention of major accidents and the safety management system; This includes a documented management assessment of the results of the policy, the security management system and the resulting adjustments, including consideration and integration of the necessary changes resulting from the audit and revision.
Done in Brussels on 16 February 2016, in an original copy.
For the federal state:
The Prime Minister,
Ch. MICHEL
Minister of Employment and Economy,
K. PEETERS
Minister of Security and Interior,
J. JAMBON
Minister of the Environment,
Mrs. M.-C. MARGHEM
For the Flemish Region:
The Minister-President of the Flemish Government,
G. BOURGEOIS
The Flemish Minister of the Environment, Nature and Agriculture,
Mrs. J. SCHAUVLIEGE
For the Walloon Region:
Minister-President of the Walloon Government,
P. MAGNETTE
Walloon Minister of the Environment and Land Planning,
C. DI ANTONIO
For the Brussels-Capital Region:
The Minister-President of the Government of the Brussels-Capital Region, responsible for territorial development,
R. VERVOORT
Minister of Government of the Brussels-Capital Region responsible for the Environment,
Mrs. C. FREMAULT

Annex 3
Minimum data and information to be taken into account in the security report provided for in Article 8
1. Information on the management system and the organization of the facility for the prevention of major accidents.
This information must cover the elements contained in Appendix 2.
2. Presentation of the neighbourhood of the establishment:
(a) description of the site and its neighbourhood including geographical location, meteorological, geological, hydrographic data and, where appropriate, its history;
(b) identification of facilities and other activities within the facility that may pose a major accident hazard;
(c) on the basis of available information, identification of neighbouring establishments, as well as sites not covered by this cooperation agreement, areas and facilities likely to be at the origin, or increase the risk or consequences of a major accident and domino effects;
(d) description of areas likely to be affected by a major accident.
3. Installation description:
(a) description of the main activities and productions of the parts of the facility that are important from the standpoint of safety, sources of risk for major accidents and the conditions under which this major accident could occur, along with a description of the planned preventive measures;
(b) description of processes, including operating procedures, taking into account, where appropriate, available information on best practices;
(c) description of hazardous substances:
i. inventory of hazardous substances:
- identification of hazardous substances: chemical designation, CAS number, name according to IUPAC nomenclature,
- the maximum quantity of the substance(s) present or may (may) be present,
ii. physical, chemical and toxicological characteristics and hazard indication, both immediate and delayed for human health or the environment,
iii. physical or chemical behaviour under normal conditions of use or under accidental foreseeable conditions.
4. Identification and analysis of accident risks and means of prevention:
(a) a detailed description of possible major accident scenarios and occurrence conditions including the summary of events that may play a role in triggering each of these scenarios, whether the causes are internal or external to the facility; in particular:
i. operational;
ii. external, for example, by domino effect or because of sites not covered by this cooperation agreement, areas and arrangements, likely to be at the origin, or to increase the risk or consequences of a major accident;
iii. natural, for example earthquakes or floods.
(b) assessment of the extent and severity of the consequences of identified major accidents, including maps, images or, where applicable, equivalent descriptions showing areas likely to be affected by such accidents involving the establishment;
(c) inventory of past accidents and incidents involving the same substances and processes, review of lessons learned and explicit reference to specific measures taken to prevent such accidents;
(d) description of the technical parameters and equipment installed for the safety of the installations.
5. Protection and intervention measures to limit the consequences of a major accident:
(a) description of the equipment installed in the facility to limit the impact of major accidents on human health and the environment, including devices to limit the extent and dispersion of accidental releases, such as detection systems, stop valves, emergency collection systems, fire water retention systems, water spray devices, steam screens;
(b) organization of the alert and intervention;
(c) description of internal or external means of mobility;
(d) description of any technical and non-technical measures that are useful for reducing the consequences of a major accident.
Done in Brussels on 16 February 2016, in an original copy.
For the federal state:
The Prime Minister,
Ch. MICHEL
Minister of Employment and Economy,
K. PEETERS
Minister of Security and Interior,
J. JAMBON
Minister of the Environment,
Mrs. M.-C. MARGHEM
For the Flemish Region:
The Minister-President of the Flemish Government,
G. BOURGEOIS
The Flemish Minister of the Environment, Nature and Agriculture,
Mrs. J. SCHAUVLIEGE
For the Walloon Region:
Minister-President of the Walloon Government,
P. MAGNETTE
Walloon Minister of the Environment and Land Planning,
C. DI ANTONIO
For the Brussels-Capital Region:
The Minister-President of the Government of the Brussels-Capital Region, responsible for territorial development,
R. VERVOORT
Minister of Government of the Brussels-Capital Region responsible for the Environment,
Mrs. C. FREMAULT

Annex 4
Data and information to be included in the contingency plans provided for in Articles 11 and 13
1° Internal emergency plans:
(a) Name or function of persons authorized to initiate procedures of the internal emergency plan and the person responsible for the intervention within the establishment and coordination of the response measures;
(b) Name or function of the liaison officer with the authority responsible for the external emergency plan;
(c) For each foreseeable situation or event that could play a crucial role in the initiation of a major accident, describe the measures to be taken to control this situation or event and to limit its consequences, this description should extend to the security equipment and available resources;
(d) Measures to limit the risks to individuals within the facility, including the alert system and conduct to be taken when the alert is triggered;
(e) Arrangements to ensure that, in the event of an incident, the authority responsible for the initiation of the external emergency plan is promptly informed, type of information to be provided immediately and measures regarding the communication of more detailed information as they become available;
(f) Arrangements for training staff on the tasks to be performed and, where appropriate, coordination of this action with external intervention services;
(g) Provisions to support intervention outside the institution.
2° External contingency plans:
(a) Name or function of persons authorized to initiate procedures of the external emergency plan and persons authorized to direct and coordinate actions taken outside the establishment;
(b) Arrangements to be promptly informed of potential incidents, including alert procedures;
(c) Provisions to coordinate the means necessary for the implementation of the external emergency plan;
(d) Provisions to support intervention within the facility;
(e) Provisions for outside the facility, as part of the response to major accident scenarios identified in the external emergency plan based on the safety report, and taking into account possible domino effects;
(f) Provisions to provide to all persons, to all buildings and areas frequented by the public, including schools and hospitals, and to any neighbouring establishment and site not covered by this cooperation agreement, which may be affected by a major accident, specific information relating to the accident and the conduct to be carried out;
(g) Provisions to ensure the information of the competent authorities of other Member States in the event of a major accident that may have consequences beyond the borders.
Done in Brussels on 16 February 2016, in an original copy.
For the federal state:
The Prime Minister,
Ch. MICHEL
Minister of Employment and Economy,
K. PEETERS
Minister of Security and Interior,
J. JAMBON
Minister of the Environment,
Mrs. M.-C. MARGHEM
For the Flemish Region:
The Minister-President of the Flemish Government,
G. BOURGEOIS
The Flemish Minister of the Environment, Nature and Agriculture,
Mrs. J. SCHAUVLIEGE
For the Walloon Region:
Minister-President of the Walloon Government,
P. MAGNETTE
Walloon Minister of the Environment and Land Planning,
C. DI ANTONIO
For the Brussels-Capital Region:
The Minister-President of the Government of the Brussels-Capital Region, responsible for territorial development,
R. VERVOORT
Minister of Government of the Brussels-Capital Region responsible for the Environment,
Mrs. C. FREMAULT

Annex 5
Criteria for notification of an accident to the European Commission under Article 19, § 1^er
I. Any major accident under item 1 or having at least one of the consequences described in items 2, 3, 4 or 5 is notified to the European Commission.
1. Hazardous substances
Any fire or explosion or accidental release of hazardous substances involving at least 5% of the threshold quantity indicated in column 3 of Part 1 or Part 2 of Schedule 1.
2. Offences against persons or property
(a) a death;
(b) six persons injured inside the facility and hospitalized for at least 24 hours;
(c) a person located outside the hospital for at least 24 hours;
(d) exterior accommodation(s) at the damaged and unavailable facility as a result of the accident;
(e) the evacuation or confinement of persons for more than 2 hours (persons x hours): the value is at least 500;
(f) the interruption of drinking water, electricity, gas or telephone traffic for more than 2 hours (persons x hours): the value is at least 1,000.
3. Immediate environmental impacts
(a) permanent or long-term damage to terrestrial habitats:
- 0.5 hectare or more of an important habitat from an environmental or conservation perspective and protected by legislation;
- 10 hectares or more of a larger habitat, including agricultural land;
(b) Significant or long-term damage to surface water habitats or marine habitats:
- 10 kilometres or more of a river, canal or river;
- 1 hectare or more of a lake or pond;
- 2 hectares or more of a delta;
- 2 hectares or more of a coastal area or the sea;
(c) significant damage to an aquifer or groundwater:
- 1 hectare or more.
4. Material damage
(a) property damage in the establishment: from €2,000;
(b) property damage outside the property: from 500,000 euros.
5. Transboundary damage
Any major accident directly involving a hazardous substance that causes effects outside Belgian territory.
II. Accidents and near-accidents which, in the opinion of the competent service, have a special technical interest in the prevention of major accidents and the limitation of the consequences of major accidents and which do not meet the quantitative criteria cited above, are notified to the European Commission.
Done in Brussels on 16 February 2016, in an original copy.
For the federal state:
The Prime Minister,
Ch. MICHEL
Minister of Employment and Economy,
K. PEETERS
Minister of Security and Interior,
J. JAMBON
Minister of the Environment,
Mrs. M.-C. MARGHEM
For the Flemish Region:
The Minister-President of the Flemish Government,
G. BOURGEOIS
The Flemish Minister of the Environment, Nature and Agriculture,
Mrs. J. SCHAUVLIEGE
For the Walloon Region:
Minister-President of the Walloon Government,
P. MAGNETTE
Walloon Minister of the Environment and Land Planning,
C. DI ANTONIO
For the Brussels-Capital Region:
The Minister-President of the Government of the Brussels-Capital Region, responsible for territorial development,
R. VERVOORT
Minister of Government of the Brussels-Capital Region responsible for the Environment,
Mrs. C. FREMAULT

Annex 6
Information materials to be communicated to the public pursuant to section 20
PART 1
For all establishments:
1. The name or name of the operator and the full address of the establishment concerned;
2. Confirmation of the fact that the establishment is subject to the regulatory and/or administrative provisions for the application of this cooperation agreement and that the notification provided for in Article 7, paragraph 1^eror the security report under section 8, paragraph 1^erhas been transmitted to the competent authority;
3. An explanation in simple terms of the activity(s) of the establishment;
4. The common name or, in the case of hazardous substances in Schedule I, Part 1, the generic name or hazard category of the hazardous substances in the facility that may result in a major accident, with the indication of their main hazardous characteristics in simple terms;
5. General information on how the public concerned will be notified, if necessary; adequate information on the appropriate behaviour to be adopted in the event of a major accident or the indication of where such information can be electronically consulted;
6. The date of the last on-site visit in accordance with section 33, paragraph 3, or the reference to where this information can be accessed electronically; information on where it is possible to obtain, upon request, more detailed information on the control and inspection plan that is linked to it, subject to the reasons for exception referred to in the legislation regarding public access to environmental information;
7. Details on the terms and conditions for obtaining any other relevant information, subject to the grounds of exception referred to in the legislation regarding public access to environmental information.
PART 2
For high-end establishments, in addition to information referred to in Part 1:
1. General information on the nature of hazards associated with major accidents, including their potential effects on human health and the environment, and a summary of the main types of major accident scenarios and hazard control measures to address them;
2. Confirmation of the obligation that is made to the operator to take appropriate measures within the facility and to contact the intervention services to deal with major accidents and to minimize their impact;
3. Appropriate information on the external emergency plan established to combat any effects outside the establishment of an accident, including the invitation to follow the instructions or instructions and to respond to requests for accident response services;
4. Where applicable, information on whether the establishment is located close to the territory of another member State likely to suffer the transboundary effects of a major accident in accordance with the Convention on the Transboundary Effects of Industrial Accidents, made in Helsinki on 17 March 1992.
Done in Brussels on 16 February 2016, in an original copy.
For the federal state:
The Prime Minister,
Ch. MICHEL
Minister of Employment and Economy,
K. PEETERS
Minister of Security and Interior,
J. JAMBON
Minister of the Environment,
Mrs. M.-C. MARGHEM
For the Flemish Region:
The Minister-President of the Flemish Government,
G. BOURGEOIS
The Flemish Minister of the Environment, Nature and Agriculture,
Mrs. J. SCHAUVLIEGE
For the Walloon Region:
Minister-President of the Walloon Government,
P. MAGNETTE
Walloon Minister of the Environment and Land Planning,
C. DI ANTONIO
For the Brussels-Capital Region:
The Minister-President of the Government of the Brussels-Capital Region, responsible for territorial development,
R. VERVOORT
Minister of Government of the Brussels-Capital Region responsible for the Environment,
Mrs. C. FREMAULT

Annex 7
Details on the modalities of coordination referred to in Article 32, § 2
The coordination referred to in Article 32, § 2, includes the following tasks:
1° organize the consultation between the various inspection teams, with a view to organizing an inspection system referred to in section 33 and establishing an inspection plan referred to in section 33, paragraph 2, in a coherent manner throughout the Kingdom;
2° organize the consultation within each inspection team, with a view to establishing for establishments located in the territory of the region concerned the programs for routine inspections referred to in Article 33, § 3, and to regularly evaluate and update the programs;
3° ensure the organization of joint controls referred to in Article 33, § 3;
4° allow the exchange of information on relevant inspection experiences, new developments in inspection techniques and any other information useful for the execution of inspection missions;
5° inform the coordination service on the facts found, on the conclusions drawn from the accident analysis or other new optics, where they may require, after common notice of inspection services, a revision or updating of the safety report, in accordance with Article 8, § 6;
6° establish practical agreements within inspection teams for the execution of tasks referred to in Article 18, § 2, in the event of a major accident;
7° to report to the European Commission on Major Accidents, in accordance with Article 19, § 1 and § 2;
8° organize a consultation when an inspection service considers that the measures taken by the operator to prevent major accidents or to limit the consequences are clearly insufficient;
9° organize any other joint actions agreed by inspection services.
Done in Brussels on 16 February 2016, in an original copy.
For the federal state:
The Prime Minister,
Ch. MICHEL
Minister of Employment and Economy,
K. PEETERS
Minister of Security and Interior,
J. JAMBON
Minister of the Environment,
Mrs. M.-C. MARGHEM
For the Flemish Region:
The Minister-President of the Flemish Government,
G. BOURGEOIS
The Flemish Minister of the Environment, Nature and Agriculture,
Mrs. J. SCHAUVLIEGE
For the Walloon Region:
Minister-President of the Walloon Government,
P. MAGNETTE
Walloon Minister of the Environment and Land Planning,
C. DI ANTONIO
For the Brussels-Capital Region:
The Minister-President of the Government of the Brussels-Capital Region, responsible for territorial development,
R. VERVOORT
Minister of Government of the Brussels-Capital Region responsible for the Environment,
Mrs. C. FREMAULT