Law On Consent To The Cooperation Agreement Of February 16, 2016 Between The Federal State, The Flemish Region, The Walloon Region And The Brussels-Capital Region On The Control Of The Dangers Associated With Major Accidents Involving Substances

Original Language Title: Loi portant assentiment à l'accord de coopération du 16 février 2016 entre l'Etat fédéral, la Région flamande, la Région wallonne et la Région de Bruxelles-Capitale concernant la maîtrise des dangers liés aux accidents majeurs impliquant des substances da

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2016012077&caller=list&article_lang=F&row_id=1&numero=32&pub_date=2016-04-20&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2016-04-20 Numac: 2016012077 SERVICE PUBLIC FEDERAL EMPLOI, TRAVAIL ET CONCERTATION SOCIALE 1 April 2016. -Law concerning consent to the cooperation agreement of February 16, 2016 between the federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region on the control of major accident hazards involving dangerous substances PHILIPPE, King of the Belgians, to all, present and future, hi.
The House of representatives has adopted and we sanction the following: Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
S. 2 consent is given to the cooperation agreement of February 16, 2016 between the federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region on the control of major-accident hazards involving dangerous substances.
Given to Brussels, April 1, 2016.
PHILIPPE by the King: the Prime Minister, c. MICHEL Minister of employment and the economy, K. PEETERS, the Minister of security and indoors, J. ham, the Minister of the environment, Ms. M.-C. MARGHEM sealed with the seal of the State: the Minister of Justice, K. GARG _ Note (1) House of representatives (www.lachambre.be) Documents: 54-1669-2015/2016 full record: 17 March 2016.
Cooperation agreement between the federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region on the control of major accident hazards involving dangerous substances having regard to the Special Act of 8 August 1980 institutional reforms, article 6, § 1, I and II, as amended by the special laws on August 8, 1988, and July 16, 1993 and the special State sixth reform act of January 6, 2014 (, and article 92bis, paragraph 3, b), inserted by the Special Act of 8 August 1988 and amended by the Special Act of 16 July 1993;
Having regard to the Special Act of 12 January 1989 relating to Brussels institutions, articles 4 and 42, modified by the special laws of July 16, 1993 and 27 March 2006, the special law of 6 January 2014 on the amendment of the Act of January 12, 1989 related to the Brussels Institutions, in pursuance of articles 118 and 123 of the Constitution the special State sixth reform act of January 6, 2014 and the special law of 6 January 2014 amending the special law of 8 August 1980 of institutional reforms, the special law of 6 January 1989 on the Constitutional Court and the Special Act of 12 January 1989 relating to Brussels Institutions;
Having regard to opinion No. 1912 of the National Council of labour, given September 30, 2014;
Having regard to the opinion of the "Strategische Adviesraad Ruimtelijke Ordening – Onroerend Erfgoed', given November 26, 2014;
Having regard to the cooperation agreement of 21 June 1999 between the federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region on the control of dangers related to major accidents involving dangerous substances, as amended by the agreement of cooperation of 1 June 2006;
Whereas, under article 92bis, paragraph 3, b), of the Special Act of 8 August 1980, the federal State and the regions are required to enter into an agreement of cooperation for the implementation at the federal and regional levels rules laid down by the European Union concerning the risk of major-accident hazards of certain industrial activities;
Whereas that this matter is the subject of directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major accident hazards involving dangerous substances, amending and repealing directive 96/82/EC;
Whereas the Convention on the transboundary effects of industrial accidents, signed in Helsinki on 17 March 1992, and the Convention No 174 concerning the prevention of major industrial accidents, adopted in Geneva on 22 June 1993 by the International Conference of labour at its eightieth session, deal with the same matter and that it is indicated to ensure the implementation using the same cooperation agreement;
Whereas the implementation of these provisions statement in part within the competence of the federal State and partly that of the regions and that certain provisions fall within common skills;
Whereas to ensure a coordinated and effective application of these provisions on the one hand, and do not confront the operators of the facilities covered by these provisions to insufficiently harmonised regulations or overlapping on the other hand, it is essential to act through a direct application cooperation agreement;
Whereas only a cooperation agreement legally binding provides a sufficient guarantee for optimal coordinated regulation for the whole Belgian territory;
Whereas, including to meet the requirements of that directive of July 4, 2012 2012/18/EU and integrate a clear and coherent manner the new and modified provisions, applicable to repeal the co-operation agreement of 21 June 1999 supra and replace it with the present cooperation agreement;
Whereas, since the adoption of the co-operation agreement of 21 June 1999, the regulations governing the inspection of the different services has evolved and has been modernized;
Whereas by importing the relevant provisions of the Federal and regional regulations for inspection in the cooperation agreement, it is required to account of this evolution and this modernization, without harming the notion of cooperation;
Considering that for uniform application of the agreement on cooperation and an optimal exchange of information between the competent authorities, the permanent consultation structure which had been set up under the co-operation agreement of 21 June 1999 supra, remains;
Considering that the agreement of cooperation does not exclude that areas consistent with their legislation on classified establishments as hazardous, unhealthy and inconvenient, the obligation to draw up a safety report or a safety study for the evaluation of the permit application provided for by the legislation concerned and on the basis of the data available and necessary at this time.
Considering that the regions shall ensure that, in this case, the report or study are designed so that they can be completed later to form the safety report referred to in this agreement of cooperation;
Whereas according to article 31 of the 2012/18/EU directive of July 4, 2012 above, Member States shall bring into force the legislative and administrative provisions necessary to comply no later than May 31, 2015;
Considering that the parties to this agreement of cooperation undertake to pursue immediately after the entry into force of this agreement of cooperation, a joint study on the financing of the missions of the Federal and regional authorities referred to in this agreement of cooperation;
The federal State, represented by the Minister of employment and the 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 Minister of the environment, Nature and Agriculture;
The Walloon Region, represented by the Walloon Government in the person of its Minister-President and Minister of the environment and spatial planning;
Region the Brussels - Capital, represented by the Government of Brussels - capital in the person of its Minister-President, territorial development, and the Minister of the environment;
Have agreed as follows: Chapter 1. -Provisions General Article 1.
§ 1. This cooperation agreement partially transposes directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major accident hazards involving dangerous substances, amending and repealing Council directive 96/82/EC.
§
2. This cooperation agreement is of direct application.
§ 3. This cooperation agreement has for object the prevention of major accidents involving dangerous substances and the limitation of their consequences for human health and the environment, to ensure a consistent and effective manner across the country a high level of protection.
S. 2. for the purposes of this agreement of cooperation, refers to: 1 ° establishing: the entire site under the control of an operator where dangerous substances are present in one or more installations, including infrastructures or activities common or related;
institutions are either low threshold institutions or institutions high threshold;
2 ° establishment low threshold: an establishment where dangerous substances are present in quantities equal or exceed the quantities indicated in column 2 of Schedule 1, part 1 or part 2, but less than the quantities indicated in column 3 of Schedule 1, part 1 or part 2, where appropriate applying the rule of cumulation set out in footnote 4 to schedule 1;
3 ° establishing upper threshold: an establishment where dangerous substances are present in quantities equal to or greater than the amounts listed in column 3 of Schedule 1, part 1 or part 2, where appropriate applying the rule of cumulation set out in footnote 4 to schedule 1;
4 ° nearby: an establishment located in such proximity to another institution that it increases the risk or consequences of a major accident;
5 ° new establishment: has) an establishment which enters service

on the date of entry into force of this agreement for cooperation or after it.
(b) an operation site that falls within the scope of application of this agreement of cooperation, due to changes to facilities or activities that lead to a change of its inventory of dangerous substances;
(c) a low-threshold institution that becomes a high threshold, or vice versa, due to changes to facilities or activities that lead to a change of its inventory of dangerous substances.
6 ° existing facility: a facility a) which falls under the co-operation agreement of 21 June 1999 the day preceding that of the entry into force of this agreement of cooperation, and b) that from the date of the entry into force of the present agreement of cooperation between in the field of application of this agreement, without either changed its classification as a low threshold or establishment threshold above;
7 ° another institution: for reasons other than those mentioned in 5 °, a site of operations that fall under the scope of this agreement of cooperation or a low-threshold institution that becomes a threshold above, or vice versa;
8 ° installation: a technical unit within an establishment and surface or beneath the ground, in which dangerous substances are produced, used, handled or stored; It includes all equipment, structures, pipework, machinery, tools, railway sidings, docks for loading and unloading, wharves serving the installation, jetties, deposits or similar, floating or not, structures necessary for the operation of this facility;
9 ° operator: any natural or legal person who operates the facility;
10 ° hazardous substance: a substance or a mixture of part 1 or listed in part 2 of Schedule 1, inter alia as a raw material, product, product derivative, residue or intermediate;
11 ° mixture: a mixture or a solution composed of two or more;
12 ° presence of hazardous substances: the real presence or anticipated of hazardous substances in the establishment, or of dangerous substances which it is reasonable to expect that they could be produced in the event of loss of control processes, including storage activities, in an installation at the institution, 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, a fire or explosion of major importance resulting from uncontrolled developments in the operation of any establishment covered by this agreement of cooperation, leading to human health or the environment, a danger severe, immediate or delayed, inside or outside the establishment, and involving one or more dangerous substances;
14 ° danger: the intrinsic property of a dangerous substance or a physical situation to cause damage to human health or the environment;
15 ° risk: the likelihood of a specific effect occurring within a specified period or in circumstances determined;
16 ° storage: the presence of a quantity of dangerous substances for the purposes of warehousing, depositing in safe custody or storage implementation;
17 ° public: one or more physical or legal persons, and associations, organisations or groups made up by these persons;
18 ° inspection: all actions, including site visits, measures, systems and internal reports and records of monitoring controls, as well as any necessary follow-up activity, carried out by the inspectors, to verify, encourage and, where appropriate, impose the respect of the provisions of the present agreement of cooperation by operators;
19 ° Inspector: a member of the staff of the inspection services referred to in article 4, § 3, designated in accordance with article 4, § 4;
20 ° inspection team: all of the qualified inspectors for the inspection of institutions located in the territory of a region;
21 ° plan of external emergency: the specific emergency and intervention plan referred to in article 2B of the Act of 31 December 1963 on civil protection and by article 9 of the Civil Security Act of 15 May 2007;
22 ° zone emergency planning: the area defined under articles 2 and 2B of the Act of 31 December 1963 on civil protection and articles 8 and 9 of the Civil Security Act of 15 May 2007;
23 ° Governor: the provincial governors and the authority of the agglomeration of Brussels competent under section 48 of the Special Act of 12 January 1989 relating to Brussels Institutions;
24 ° 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 Region of Brussels - capital on the control of major-accident hazards involving dangerous substances, as amended by the co-operation agreement of 1 June 2006 and repealed by this cooperation agreement.
S. 3 § 1. This cooperation agreement applies to establishments as defined in article 2 1 °.
Articles 8, 12, 13, 14, paragraph 2, 15, 21, 28 and 29 apply only to institutions high threshold.
§ 2. The agreement of cooperation does not apply: 1 ° to establishments, installations or military storage areas;
2 ° to the hazards of ionizing radiation from substances;
3 ° to the transport of dangerous substances - and intermediate temporary storage that is directly linked to-by road, rail, internal waterways, sea or air, including the activities of loading and unloading and transfer to or from another mode of transport at docks, wharves or railway marshalling yards, outside the establishments covered by this cooperation agreement;
4 ° to the transport of dangerous substances through pipelines, including pumping stations, outside establishments covered by this cooperation agreement;
5 ° to the operation, namely the exploration, extraction and processing, mineral materials in mines and quarries, including by means of boreholes;
6 ° to the activities of exploration and offshore exploitation of minerals, including hydrocarbons;
7 ° to the gas storage on underground offshore sites, whether reserved for storage sites or sites in which exploration and exploitation of minerals, including hydrocarbons, are also held;
8 ° to landfill, including the underground storage of waste.
§ 3. By way of derogation from paragraph 2, 5 ° to 8 °, fall within the scope of application of the present agreement of cooperation: 1 ° the gas storage underground ashore in natural layers, aquifer, salt cavity and in disused mines;
2 ° the operations of chemical and thermal processing and storage related to those operations which involve the presence of dangerous substances;
3 ° the facilities in activity of tailings disposal, including tailings settling ponds, which contain hazardous substances.
S. 4 § 1. Are referred to as "service coordination" for the purposes of the present agreement of cooperation: 1 ° the service appointed by the Flemish Government, for institutions located in the Flemish Region;
2 ° the Department designated by the Walloon Government for institutions located in the Walloon Region;
3 ° the Department designated by the Government of the Brussels-Capital Region for institutions located in the Brussels-Capital Region.
§ 2. Are referred to as "evaluation service" for the purposes of the present agreement of cooperation: 1 ° the service appointed by the Flemish Government, for institutions located in the Flemish Region;
2 ° the Department designated by the Walloon Government for institutions located in the Walloon Region;
3 ° the Department designated by the Government of the Brussels-Capital Region, for the institutions located in the Brussels-Capital Region;
4 ° the service responsible for the control of the safety of the federal public Service employment, labour and social dialogue;
5 ° for establishments falling within the scope of application of the general regulations of the explosives, of legislation on underground storage of gas or legislation concerning the transport of gaseous and other products through pipelines, the competent authority of the federal public Service economy, SMEs, medium and energy Classes;
6 ° the service designated by the Service public federal Interior.
7 ° the competent emergency area or the fire department responsible if it is not yet integrated into a zone of emergency.
§ 3. Are referred to as "inspection department" for the purposes of the present agreement of cooperation: 1 ° the service appointed by the Flemish Government, for institutions located in the Flemish Region;
2 ° the Department designated by the Walloon Government for institutions located in the Walloon Region;
3 ° the Department designated by the Government of the Brussels-Capital Region, for the institutions located in Brussels-Capital Region;
4 ° the service responsible for the control of the safety of the federal public Service employment, labour and social dialogue;
5 ° for establishments falling within the scope of the general regulations of the explosives, underground gas storage legislation and legislation concerning the transport of gaseous and other products by means

piping, the competent authority of the federal public Service economy, SMEs, Middle Classes and energy.
§ 4. Federal and regional ministers competent for the services referred to in paragraphs 1 to 3, designate each so far, members of the staff of these agencies in particular the tasks assigned to these services.
The designation referred to in paragraph 1 shall be published in the Moniteur belge.
Any changes shall be communicated in the same way.
CHAPTER 2. -Prevention of major accidents art. 5. the operator shall take all measures that are necessary to prevent major accidents and to limit their consequences for human health and the environment.
The operator is at any time able to prove to the competent authorities, in particular to inspection services, that it took all necessary measures provided for in this agreement of cooperation.
S. 6 § 1. An operator shall establish a policy for the prevention of major accidents.
The major accident prevention policy ensures a high level of protection of human health and the environment and is proportionate to the major-accident hazards.
§ 2. The operator shall draw up a document describing this policy.
It includes the overall objectives and the principles of action of the operator, the role and the responsibility of management, and the commitment to constantly improve the control of major accident hazards and to ensure a high level of protection.
The operator shall keep the document at the disposal of the competent inspection services.
§ 3. Paragraph 2, paragraph 1 and 2, does not apply if before the entry into force of the present agreement of cooperation the operator has prepared a document setting out the policy for the prevention of major accidents under the co-operation agreement of 21 June 1999, and the information contained in this document are in accordance with paragraph 2, subparagraph 2, and remain unchanged.
§ 4. The operator implements the policy of prevention of major accidents by means and appropriate and structures by a system of safety management, in accordance with Annex 2.
The safety management system is based on an assessment of risks and is commensurate with the dangers of major accidents, to the activities and the complexity of the Organization of the institution.
§ 5. Without prejudice to article 10, the operator revised periodically and at least every five years, the major accident prevention policy.
If necessary, the operator adjusts the prevention policy and updates the document referred to in paragraph 2, in accordance with this adaptation.
S. 7 § 1. The operator introduced with the competent coordination a notification containing the following information: 1 ° the name of the operator, the full address of the establishment concerned and its unit number of establishment in the crossroad Bank for enterprises;
2 ° the Head Office of the operator, complete address and number of enterprise in the crossroad Bank for enterprises;
3 ° the name and function of the head of the institution, if it is one person other than that referred to in 1 °;
(4) information sufficient to identify the dangerous substances and the category of substances present or likely to be present;
5 ° the quantity and physical form of the substance (s) dangerous (s) (s) concerned;
6 ° the activity exercised or laid down in the installation or storage area;
7 ° the immediate vicinity of the hotel and the factors likely to cause a major accident or to aggravate its consequences, including, where available, data on neighboring establishments and sites not covered by this agreement of cooperation, areas, and which are likely to be the cause, or increase the risk or consequences of a major accident and domino effects.
§
2. The operator introduces the notification or its update within the following timeframes: 1 ° for new establishments: no later than four months prior to commissioning of the establishment or the modification referred to in article 2, 5 °, b) or (c));
2 ° for the existing establishments: in no later than three months after the date of the entry into force of the present agreement of cooperation;
3 ° to other institutions: no later than three months after the date on which the establishment is in article 2, 7 °.
§ 3. Paragraphs 1 and 2 shall not apply if before the entry into force of the present agreement of cooperation the operator introduced a notification with the coordinating unit under the co-operation agreement of 21 June 1999, and the information contained in this notification are in accordance with paragraph 1 and remain unchanged.
§
4. The operator introduces the notification and its updates eight copies paper format or electronically.
The competent regional government may fix the model as well as the format and modalities for the introduction of the notification.
§ 5. As soon as it is aware, the operator shall immediately inform the coordination service: 1 ° change in the information referred to in paragraph 1, 1 ° to 3 °;
2 ° the definitive closure and decommissioning of the facility.
S. 8 § 1. The operator of a high threshold facility submitted to the coordination service a report of security for the following: 1 ° demonstrating that a major-accident prevention policy and a management system of security, for its implementation, are implemented in accordance with the elements set out in annex 2;
2 ° demonstrating that major-accident hazards and the possible major accidents scenarios have been identified and that the necessary measures to prevent such accidents and to limit the consequences for human health and the environment have been taken;
3 ° demonstrating that the design, construction, operation and maintenance of any installation, storage, area equipment and infrastructure related to the functioning of the institution, related to the dangers of major accidents within the institution, have a safety and sufficient reliability;
4 ° demonstrating that internal emergency plan referred to in article 11 has been established to provide the elements for the preparation of external emergency plan referred to in article 13;
5 ° ensuring coordination service, sufficient information to enable it to give advice on the implementation of new activities or new development around the settlements.
§
2. The safety report contains at least the data and information listed in annex 3.
The report also indicates the name of the relevant organisations involved in the preparation of the report.
§
3. The operator introduces the safety report or its update within the following timeframes: 1 ° for new establishments: no later than three months prior to commissioning of the establishment or the modification referred to in article 2, 5 °, b) or (c));
2 ° for existing establishments: no later than June 1, 2016;
3 ° to other institutions: within a period of two years from the date on which the institution becomes a high threshold.
4 ° without delay after the revisions referred to in paragraph 6;
§ 4. Paragraphs 1 to 3 do not apply if before the entry into force of the present agreement of cooperation the operator has introduced a security report to the coordinating unit under the co-operation agreement of 21 June 1999, and the information contained in the safety report comply with paragraphs 1 and 2 and remain unchanged.
§ 5. The operator introduces the safety report and its updates eight copies paper format or electronically.
The competent regional government may fix the model as well as the format and modalities for the introduction of the safety report.
§ 6. Without prejudice to article 10, the operator revises the report security and, if necessary, updates: 1 ° periodically and at least every five years;
2 ° a major accident in the establishment;
3 ° at any other time, on its own initiative or at the request of the coordinating unit, when the facts so warrant or to take account of new technical knowledge relating to security, arising, for example, analysis of accidents or, wherever possible, of near misses, as well as the development of knowledge in the assessment of the dangers.
S. 9 § 1.
Based on the information received from the operators, in accordance with articles 7 and 8 and, where appropriate, information provided by the service of coordination from other regions, or by an inspection service, the coordinating unit identifies all institutions, threshold bottom or top, or groups of establishments where the risk or consequences of a major accident may be increased because of the location the proximity of these establishments and the presence of hazardous substances.
§ 2. When the coordination service provides additional information to that provided by the operator in accordance with article 7, § 1, 7 °, it makes this information available to the operator, if necessary for the purposes of this section.
§ 3. The operators of the facilities identified in accordance with paragraph 1 Exchange adequate information to enable everyone to take into account the nature and extent of the overall hazard of a major accident in their policy of prevention of accidents

major internal their system of security management, reporting, their safety report and their emergency plan.
Operators cooperate for informing the public and nearby sites not covered by this agreement of cooperation and for the communication of information to the Governor.
S. 10. in a modification of the establishment, of a facility, process or the nature of fitness or the quantity of dangerous substances, which could have significant consequences in terms of major-accident hazards, the operator revises and, if necessary, updates the policy of prevention of major accidents, the safety management system the notification and the safety report.
The operator introduces the update notification and security coordination service report prior to the amendment.
By way of derogation from paragraph 2, if the low threshold establishment becomes a high threshold, or vice versa, due to a change the periods referred to in articles 7 and 8 for new establishments shall apply.
CHAPTER 3. -S. emergency plans 11 § 1.
The operator develops an internal emergency plan for the purpose of: 1 ° contain and control incidents so as to minimise the effects and to limit damage to human health, the environment and property;
2 ° implementing the measures within the institution to protect human health and the environment against the effects of major accidents;
3 ° communicating the information to the emergency services and authorities concerned;
4 ° provide restoration and cleaning of the environment following a major accident.
Internal emergency plans of settlements high threshold shall contain the information referred to in annex 4 1.
§
2. The operator develops internal emergency plan within the following timeframes: 1 ° for new establishments: no later than three months prior to commissioning of the establishment or the modification referred to in article 2, 5 °, b) or (c));
2 ° for existing establishments: no later than June 1, 2016;
3 ° to other institutions: within a period of one year from the date on which the establishment is in article 2, 7 °.
§ 3.
Without prejudice to the statutory powers of the Committee for Prevention and Protection at work Act of 4 August 1996 concerning the welfare of workers during the performance of their work, the operator shall consult this Committee during the development of the internal emergency plan.
Absence of a Committee, the operator shall consult the delegation of Trade Union and failing to Trade Union delegation, the workers themselves, in accordance with the provisions of article 53 of the Act referred to in paragraph 1.
The operator shall consult also the relevant subcontracted personnel working in the long term on the site during the development of the contingency plan internal.
§ 4. Paragraphs 1 to 3 do not apply if the operator has already developed a contingency plan internal under the co-operation agreement of 21 June 1999 and that the information contained in this plan are consistent with paragraph 1 and remain unchanged.
S. 12. with a view to determine the area of contingency planning, the federal Minister who has inside in his or her attributions determines, after having requested the opinion of the regional Governments, the limit values, types of accidents, atmospheric conditions and scenarios to be considered by the operator to delimit the areas likely to be affected by a major accident, in accordance with annex 3 in the safety report, (, 2, d).
S. 13 § 1. Within a period of two years from the transmission of the report of security laid down in article 27, the Governor wrote to each institution this high threshold on its territory an external emergency plan with respect to measures to be taken outside the establishment.
When the emergency planning zone extends over the territory of other Governors, concerned Governors collaborate in the preparation of external emergency plan, where applicable, in accordance with the instructions of the Minister which has the Interior in charge.
§ 2. By way of derogation from paragraph 1, paragraph 1, the federal Minister indoors in charge may, by reasoned decision and in the light of the data contained in the safety report, dispense with the Governor of the obligation of drawing up a plan of external emergency for a given institution.
When the establishment is close to the territory of an another Member State, the federal Minister which has the Interior in charge shall inform the competent authority of the State concerned of its reasoned decision.
§
3. External emergency plans are established with the following objectives: 1 ° contain and control incidents so as to minimise the effects and to limit damage to human health, the environment and property;
2 ° to implement the measures necessary to protect human health and the environment against the effects of major accidents;
3 ° communicating the necessary information to the public and to the services and authorities concerned;
4 ° provide restoration and cleaning of the environment following a major accident.
External emergency plans shall contain the information referred to in annex 4, 2 °, and are developed in accordance with the instructions of the Minister who has the Interior in charge and, with regard to paragraph 1, 4 °, in accordance with the instructions of the competent regional government.
§ 4. The Governor shall ensure that the public likely to be affected by a major accident could give its opinion in good time when developing or substantial modification of external emergency plans in accordance with the instructions of the Minister which has the Interior in charge.
§ 5. If the emergency planning area extends beyond the borders of the Kingdom, the Governor shall forward the data necessary for the competent authority of the State concerned and should ensure that external emergency plan is in accordance with the State emergency plan.
Insofar as possible, a joint contingency plan is established, in accordance with article 8, paragraph 3, of the Convention on the transboundary effects of industrial accidents, done at Helsinki on 17 March 1992.
§ 6. Federal Minister which has the Interior in charge shall ensure that it be taken into account in external emergency plans of the need to facilitate enhanced cooperation between the Member States concerning assistance of civil safety in the event of a major emergency.
S. 14. the operator revises, tests and, if necessary, updates the internal emergency plan at appropriate intervals not exceeding three years, and in the case of a high threshold facility, ensuring always matching with external emergency plan.
The Governor revises, tests and, if necessary, updates the external emergency plans at appropriate intervals not exceeding three years.
These revisions reflect changes that have occurred in the establishments concerned or within the services or authorities concerned, as well as new technical knowledge and knowledge relating to measures to be taken in the event of major accidents.
S. 15 § 1.
The operator of a high threshold facility works with the Governor: 1 ° in the preparation of external emergency plan;
2 ° during exercises and updates of the external emergency plan;
3 ° when the external emergency plan is raised.
The federal Minister that the Interior fixed the this collaboration after seeking the advice of regional governments.
§ 2. The operator of a high threshold facility provides to the Governor, at the request of the latter and in addition to the safety report, any information required for the preparation of external emergency plans.
The Governor sets the time limit left to the operator to transmit the requested information.
CHAPTER 4. -Intervention during and after a major accident article
16 § 1. The operator is implementing without delay the internal emergency plan: 1 ° in a major accident;
2 ° at an uncontrolled event which can reasonably be expected, due to its nature, it would lead to a major accident.
§ 2. If the major accident or uncontrolled event requires coordinated action by the relief and intervention services, the Governor fires and executes the external emergency plan in accordance with the legislation on civil security and the instructions in the matters of the federal Minister that has Interior in charge.
S.
17 § 1. Under the conditions referred to in article 16, § 1, 1 ° or 2 °, the operator immediately warns the 112 centre and the Government coordination and crisis Centre.
The centre 112 operator notifies authorities and relief and response services that participate in the external emergency plan concerned, in accordance with the procedure laid down in this plan.
§
2. The Government Coordination and crisis Centre warned at least: 1 ° the federal Minister who has inside in his or her attributions;
2 ° the Minister who has the safety of working in his or her attributions;
3 ° the Minister who has the economy in charge, in the case of an institution within the scope of application of the general regulations of the explosives, of legislation on underground storage of gas or legislation concerning the transport of gaseous and other products through pipelines;
4 ° of the region concerned, the regional Minister having environment in his or her attributions;
5 ° the competent coordination;
6 °

the competent inspection services.
§ 3. If the major accident or the threat of a major accident, or could have, consequences outside the borders of the Kingdom, the Government's Coordination Centre and crisis alerts without delay the competent authority of the State concerned.
If the major accident or the threat of a major accident, or could have, consequences on the territory of several regions, the Government Coordination and crisis Centre warned without delay the competent authority of each of the regions concerned.
S. 18 § 1. As soon as possible after a major accident, the operator shall report the following information to the Government Coordination and crisis Centre and the competent inspection services: 1 ° the circumstances of the accident;
2 ° the dangerous substances involved;
3 ° the data available for assessing the effects of the accident on human health, the environment and property;
4 ° the taken emergency measures.
After investigating the accident, the operator informs the Government Coordination and crisis Centre and the competent inspection services also measures envisaged to: 1 ° limit the effects medium and long term of the accident;
2 ° prevent recurrence of the accident.
The operator updates the information provided if further investigation reveals new elements amending such information or the conclusions that have been reached and sends the update to the governmental Centre of Coordination and crisis and inspection services relevant.
§ 2. The competent inspection team shall ensure that the inspectors, in accordance with articles 31 and 33: 1 ° collect information needed for a complete analysis of technical, organizational aspects and management of the accident;
2 ° undertake the appropriate steps to ensure that the operator takes the necessary corrective actions;
3 ° make recommendations on future preventive measures;
4 ° ensure that the operator takes all necessary urgent measures as well as measures in the medium and long term.
§
3. After a major accident, the Governor provides those involved information about the accident which occurred and, where appropriate, on the measures taken to mitigate its consequences.
S.
19 § ler. The competent inspection team shall inform the European Commission of major accidents in the Kingdom and that meet the criteria of annex 5.
The inspection team provides the following information: 1 ° the Member State, the name and address of the inspection service to prepare 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 involved;
3 ° a brief description of the circumstances of the accident, with an indication of the dangerous substances involved, and the immediate effects on human health and the environment;
4 ° a brief description of the emergency measures taken and immediately steps to prevent recurrence of the accident.
5 ° the results of their analysis and recommendations.
§ 2. The competent inspection team provides the information referred to in paragraph 1 as soon as possible and at the latest within a period of one year after the accident, using the database of the European Commission.
The disclosure of such information may be deferred only to allow the continuation of proceedings until their conclusion, where this disclosure could affect the course.
For the information referred to in paragraph 1, paragraph 2, 5 °, when only preliminary information can be provided within the time limit referred to in paragraph 1, the inspection team updates this information once the results of further analysis or new recommendations are available.
§ 3. The Government Coordination and crisis Centre shall communicate to the Commission European name and address of any body or any service that might have information about accidents major and which would be able to advise the competent authorities of other Member States required to act upon the occurrence of such an accident.
CHAPTER 5. -Information to the public art. 20. the following services shall keep the information referred to in Schedule 6 permanently at the disposal of the public, including electronically: 1 ° coordinating unit: the points 1 to 4 and 7 of part 1 so that item 1 of part 2 of Schedule 6;
2 ° the service designated by the Service public federal Interior: item 5 of part 1 and paragraphs 2 to 4 of part 2 of Schedule 6;
3 ° the inspection service designated by the federal public Service employment, labour and social dialogue: item 6 of part 1 of Schedule 6;
These services are updating, if necessary, this information, in particular when they are informed of a modification referred to in article 10.
S. 21 § 1.
Settlements high threshold, federal Minister who has inside in his or her attributions shall ensure that clear and understandable information about safety measures and conduct major accidents are provided office regularly and in the most appropriate form, to all persons, to all buildings and areas frequented by the public including schools and hospitals, and all neighbouring settlements and nearby sites not covered by this cooperation agreement, likely to be affected by a major accident.
When the consequences could extend beyond the borders of the Kingdom, the federal Minister that the interior makes this information available to the competent authority of the State that can be touched.
The information referred to in paragraph 1 include at least the information referred to in Schedule 6.
§ 2. The federal Minister who has inside in his or her attributions shall ensure that information: 1 ° be provided at least every 5 years;
2 ° is regularly revised and, if necessary, updated at least in the case of modifications within the meaning of article 10.
S. 22. in the interests of transparency, the competent services put the information at their disposal in application of the present agreement of cooperation available to any natural or legal person who so requests, in accordance with the legislation on public access to environmental information.
Provision of information may be refused or limited by the competent services according to the conditions provided under the applicable law referred to in paragraph 1.
S. 23 § 1. Reports of security, including inventory of hazardous substances, are made available to the public, on request from the Department of coordination.
§ 2. The coordination service can refuse the placing at disposal of a portion of this information for reasons covered by the legislation on public access to environmental information.
The operator may ask the coordination service not to disclose parts of the security, or report the inventory of dangerous substances on the grounds set out by the legislation referred to in paragraph 1.
§
3. Refusal provision of certain parties in accordance with paragraph 2, the operator provides the coordination service a safety report or modified inventory which these parts are excluded.
The modified security report contains at least general information concerning major accident hazards and their potential effects on human health and the environment.
S.
24. any person requesting information pursuant to articles 22, paragraph 1, and 23, § 1, has appealed against the decision of refusal or the absence of a decision in accordance with the legislation on public access to environmental information.
CHAPTER 6. -Mastery of urbanization and participation of the public in decision-making art. 25 § 1. The regions shall ensure that the objectives of preventing major accidents and limiting the consequences of such accidents to human health and the environment are taken into account in their policy of control of urbanization or other relevant policies.
They pursue these objectives by a control: 1 ° the establishment of new institutions.
2 ° of the institutions amendments referred to in article 10;
3 ° the new developments around settlements, including transportation routes, places frequented by the public and residential areas, where location or facilities are likely to be the cause, or increase the risk or consequences of a major accident.
§ 2. The regions shall ensure that their policy of control of urbanization or other relevant policies and the procedures of implementation of these policies take account of the need, in the long term: 1 ° to maintain appropriate safety distances between, on the one hand, the establishments covered by this agreement and, on the other hand, residential areas, buildings and areas frequented by the public Leisure and areas, insofar as possible, the main transport routes;
2 ° to protect areas of particular natural interest or having a particularly sensitive nature, located near institutions, by providing, where appropriate, adequate safety distances or other appropriate measures;
3 ° in the case of existing establishments and other institutions, additional technical measures in accordance with article 5, so

do not increase the risks to human health and the environment.
§ 3. Regions introduce appropriate consultation procedures to facilitate implementation of the policies adopted in accordance with paragraph 1. Procedures are designed so that, at the time of taking decisions, sufficient information has been provided by the operators on the risks associated with the establishment, and make available technical advice on these risks, either to individual cases, or on the basis of general criteria.
Regions shall ensure that the operators of the low threshold facilities provide, at the request of the competent authority, with sufficient information about the risks to the institution for the purposes of control of urbanization.
S. 26 § 1.
The regions shall take steps to give the public concerned the opportunity to give its opinion on specific individual projects relating to the following questions in a timely manner,: 1 ° the establishment of new settlements, in accordance with article 25;
2 ° of the significant changes of institutions within the meaning of article 10, when the proposed amendments are subject to the requirements laid down in article 25;
3 ° new developments around establishments when the location or the arrangements are likely to increase the risk or consequences of a major accident, in accordance with article 25.
Is meant by public concerned, those affected or who may be affected by a decision on any matter covered by paragraph 1, or have an interest in this regard. The non-governmental organizations working for the protection of the environment and which satisfy the conditions that may be applicable according to the regional regulations are deemed to be have an interest.
The regions also take the necessary steps to ensure that review procedures are available to the public concerned in the cases referred to in paragraph 1.
§ 2. During the preparation of plans or general programmes related to the issues referred to in paragraph 1, paragraph 1, 1 ° or 3 °, regions take the necessary steps to give the public, timely and effective opportunities to participate in their preparation and to their modification or revision.
The regions determine the public entitled to participate for the purposes of paragraph 1, including competent non-governmental organizations that meet all the relevant requirements prescribed by regional regulations, such as those working for the protection of the environment.
CHAPTER 7. -Transmission of data art. 27. immediately after receipt of a notification or a safety report, the coordinating unit shall forward a copy: 1 ° the competent assessment services;
2 ° to the competent inspection services;
3 ° the competent Governor;
4 ° to the competent Mayor.
The data of these documents can be made available in a database accessible to all departments concerned.
S.
28 § 1. Assessment services evaluate, each for their part, safety reports received and transmit their possible comments to the coordinating unit: 1 ° in the case of a new establishment: within two months from the date of the day received the safety report;
2 ° in other cases: within a period of at least three months set by the coordination service.
§ 2. The coordination service passes to the operator the conclusions relating to the evaluation of the safety report: 1 ° in the case of a new establishment: no later than three months after receipt of the report of the coordination service security;
2 ° in other cases: within a period of nine months after the receipt of the report of the coordination service security.
Where appropriate, the coordination service indicates the amendments or additions to make to the report within a reasonable time as he may determine.
The coordination service transmits for information the conclusions and amendments and additions requested services referred to in article 27.
§ 3. The operator shall report the safety report as amended pursuant to paragraph 2, subparagraph 2, coordination service which is responsible for its distribution as laid down in article 27.
Amended or supplemented security report is evaluated in accordance with paragraphs 1 and 2.
§ 4. The evaluation of a safety report, the Coordinating Unit brings together an evaluation commission: 1 ° if it considers it appropriate;
2 ° at the request of an assessment service;
3 ° If an appraisal service shows that, in relation to measures to prevent major accidents and to limit their consequences, are insufficient.
The evaluation commission is composed of the relevant assessment services. Coordination service may also, if necessary, invite the competent inspection services.
The Presidency and the secretariat of the review panel are provided by the coordination service.
The evaluation commission examines the comments received and file joint conclusions.
The operator is heard at its request.
§
5. Where appropriate and in accordance with article 34, the coordination service passes to the authority competent to issue a permit with the reasoned request from the commission of evaluation or assessment service, prohibit the development or continuation of the operation of all or part of the establishment concerned, and in the periods referred to in paragraph 2, paragraph 1.
§
6. Assessment services have regularly worked to an application as uniform as possible of the present cooperation agreement.
S. 29. If the consequences of a major accident at a high threshold institution may extend outside the borders of the Kingdom, the coordinating unit transmits a copy of the safety report to the competent authority of the State concerned if it is party to the Convention on the transboundary effects of industrial accidents, done at Helsinki on 17 March 1992 and, for the application of the procedure laid down in annex III of this Convention unless this procedure has already been applied in the context of the allocation of the operating licence.
If the consequences can extend outside the region where the establishment is located, coordination service forward a copy of the safety report to the coordinating unit of the region or regions that can be achieved.
S. 30. the Government Coordination and crisis Centre acted as focal point for the notification of industrial accidents in accordance with article 10 of the Convention on the transboundary effects of industrial accidents made in Helsinki on 17 March 1992 and as a focal point for mutual assistance pursuant to article 12 of the convention.
CHAPTER 8. -Inspection art. 31 § 1.
Inspectors monitor compliance with the provisions of the present agreement of cooperation by operators.
They encourage respect and, where appropriate, dictate.
§ 2. To avoid or put an end to cases of non-compliance, they may: 1 ° encourage operators to take necessary corrective actions;
2 ° take measures of constraint against operators or make the request to the competent authorities;
3 ° seen offences by minutes which is prima facie evidence of the contrary.
§ 3. For the exercise of the mission and powers of inspectors referred to in paragraphs 2 and the appeal against measures of constraint 1: 1 ° the provisions of articles 16.3.10 up to 16.3.22, 16.3.24 to 16.3.27, 16.4.1 to 16.4.17 relating to administrative measures, 16.5.1 until 16.5.4 as regards the costs for the implementation of administrative measures and security measures , and 16.7.1 until 16.7.9 the Decree of 5 April 1995 containing general provisions regarding environmental policy and its execution decrees shall apply by analogy to the inspectors who are part of the service referred to in article 4 § 3 (1);
2 ° the provisions of book I of the Code of the environment, part decretal, part VIII and its implementation orders apply to the inspectors who are part of the service referred to in article 4 § 3, 2 °;
3 ° the provisions of the Ordinance of 25 March 1999 to searching, finding, the prosecution and punishment of environmental offences and its orders of execution shall apply by analogy to the inspectors who are part of the service referred to in article 4 § 3, 3 °;
4 ° the provisions of book I of the penal Code social and article 2 of the Act of June 2, 2010 social criminal law provisions and their implementing decrees shall apply by analogy to the inspectors who are part of the services referred to in article 4 § 3, 4 ° and 5 °.
S.
32 § 1. Inspection services shall set up an inspection by region team.
§ 2. The inspection service of the federal public Service employment, labour and social dialogue ensures coordination within each team of inspection and the general coordination of the various inspection teams. The terms of this coordination are provided in annex 7.
S. 33 § 1. Inspection teams organize together a system of inspections, which contains the elements referred to in paragraphs 2 to 8.
§ 2.
Inspection teams establish an inspection plan covering all institutions, including the following: 1 ° a general assessment of relevant security issues;
2 °

the geographical area covered by the inspection scheme;
3 ° the list of establishments covered by the plan;
4 ° the list of groups of institutions at risk of domino effects.
(5) the list of establishments in which the specific sources of risk or external danger could increase the risk or consequences of a major accident;
6 ° programs for routine checks referred to in paragraph 3 and the procedures for such controls;
7 ° procedures for programmed controls referred to in paragraph 6;
8 ° the provisions concerning cooperation between the inspection services.
Inspection teams regularly revise the inspection plan and, if necessary, updated.
§ 3. On the basis of the inspection plan inspection teams shall establish programmes for the control of routine for all institutions. The programs mention at least: 1 ° the nature of planned controls and the method applied;
2 ° the frequency for site visits;
3 ° inspection services responsible for the practical implementation of controls.
Each inspection service is responsible for the implementation of controls whose programs Stoke. Inspection services may provide joint controls. Whenever possible, they shall coordinate checks with checks under other relevant regulations.
§ 4. Inspection teams determine the content of the programmes, in particular the frequency of on-site visits and adapt them based on a systematic assessment of the dangers of institutions based at least on the following criteria: 1 ° the potential impact of the institutions concerned on human health and the environment;
2 ° the results for compliance with the provisions of the present agreement of cooperation by operators.
Inspection teams shall also take appropriate account of relevant findings of checks carried out under other relevant regulations.
§
5. Controls are not dependent on the receipt of the report of security or other reports.
They are suitable for the type of establishment concerned and are designed to allow a planned and systematic review of technical systems, organization and systems of systems applied in the establishment in order to ensure in particular that: 1 ° the operator is able to prove that he has taken appropriate measures, taking into account the activities of the establishment, to prevent major accidents;
2 ° the operator is able to prove that he has taken appropriate measures to limit the consequences of major accidents, on site and outside the institution;
3 ° the data and information contained in the safety report or in another report this faithfully reflect the situation of the establishment.
§ 6. Inspectors perform non-programmed controls together to examine as soon as possible the serious complaints, incidents, accidents and close calls, as well as non-compliance with the provisions of the present agreement of cooperation.
§ 7. Within a period of four months following each control, the inspectors concerned shall communicate to the operator the conclusions of the examination, and the necessary corrective actions.
Concerned inspectors undertake the appropriate steps to ensure that the operator takes any necessary corrective actions within a reasonable time.
§
8. When inspectors find any significant non-compliance with the provisions of the present agreement of cooperation during a check, they perform an additional check within a period of six months.
Without prejudice to article 31, inspection services concerned addressed to the competent authority for issuing the permit, pursuant to section 34, a reasoned request, to prohibit the development or continuation of the operation of all or part of the establishment where the Inspectors consider that the measures taken by the operator to prevent major accidents and to limit their consequences are insufficient and in particular is there are serious deficiencies with respect of the share of the operator to take the necessary corrective actions.
CHAPTER 9. -Prohibition of exploitation art. 34 § 1. Without prejudice to article 31, the authority competent to issue the forbidden permit commissioning or continuation of the operation of all, or a part of the establishment, in accordance with the legislation governing the operating licence for the establishment concerned where the measures taken by the operator to prevent major accidents and to limit their consequences are insufficient.
The competent authority shall take its decision: 1 ° either ex officio;
2 ° be upon a reasoned request to that end of a service assessment or evaluation commission;
3 ° or on a reasoned request to that end to an inspection service.
§ 2. It can be appealed the decision of the competent authority in accordance with the legislation governing the operating licence for the establishment concerned.
CHAPTER 10. -Provisions criminal art. 35 § 1. Shall be punished by a term of imprisonment of one month to five years and a fine of 100 to 500,000 euros or one of those penalties only, the operator which: 1 ° in violation of article 5, does not all measures that are necessary to prevent major accidents and to limit their consequences for human health and the environment or is not able to demonstrate that it took all necessary measures provided for in this agreement of cooperation;
2 ° in violation of articles 6 or 10, does not the major accident prevention policy, not described it in a document, the does not implement by means and structures appropriate and by a system of management of safety in accordance with Annex 2, or only revises and adapts not following the revision;
3 ° in violation of articles 7 or 10, does not introduce the notification or its updating, or does not review and does not update following the revision;
4 ° in violation of articles 8, 10 or 28, does not introduce the safety report or its update, does not review and does it not update following the revision, or does not communicate the safety report amended or supplemented following the evaluation of the safety report;
5 ° in violation of article 9, do not exchange information when the establishment is identified as part of establishments or group of establishments where the risk or consequences of a major accident may be increased because of the geographical location, the proximity of these establishments and the presence of hazardous substances;
6 ° in violation of articles 11 or 14, does not establish the internal emergency plan, or does not review, does not test and does it not update following the revision and testing;
7 ° in violation of article 15, does not provide additional information necessary to the development of the external emergency plan;
8 ° in violation of articles 16 or 17, does not implement without delay the internal during a major accident emergency plan or at an uncontrolled event which can reasonably expect, due to its nature, it would lead to a major accident, or prevent not under such conditions the Center 112 and the Government Coordination and crisis Centre;
9 ° in violation of article 18, following a major accident, communicates not the governmental coordination Centre with required information and crisis and the services of competent inspection, does not inform them of the measures envisaged, does not update the information provided, or transmits not update to the governmental Centre of Coordination and crisis and inspection services relevant.
§
2. Shall be punished by a term of imprisonment of one month to one year and a fine of 100 to 100,000 euros or one of those penalties only, the operator which: 1 ° opposes or is obstructing inspectors missions;
2 ° fails to measures of constraint.
CHAPTER 11. -The Commission of cooperation Seveso-Helsinki art. 36 § 1. A permanent structure for consultation called 'Seveso-Helsinki coopération Commission', is hereby established for the good functioning of this agreement of cooperation.
§ 2. The Seveso-Helsinki cooperation Commission is composed of one representative of each service referred to in article 4 of the agreement of cooperation and competent service planning of the territory of each region.
The Seveso-Helsinki cooperation Commission decides by consensus after deliberation between the services represented.
The Seveso-Helsinki cooperation Committee may invite non-represented public services and experts to participate in the deliberations and provide an opinion on issues for which they have competence or a specific expertise.
If consensus cannot be reached, the subject matter will be submitted to the interministerial environmental Conference extended to other federal and regional ministers concerned. In the absence of consensus in this Conference, the question is subject to the consultation Committee referred to in article 31 of the ordinary Act of August 9, 1980, of institutional reforms.
§ 3. The Seveso-Helsinki cooperation Commission is responsible for the following tasks: 1 ° ensuring uniform application, throughout the territory of the Kingdom, of the present agreement of cooperation;
2 ° harmonization between services, the exchange of information and the decision criteria for the application of this agreement;
3 ° coordinating, between the

services, initiatives and disseminate results research and development related to the control of major accident hazards;
4 ° seek coherent solutions to the problems posed by particular institutions and establish an administrative jurisprudence;
5 ° encourage the services to share experiences at the Belgian and European level and coordinate the representation of Belgium within the commissions, conferences, committees and working groups, with regard to the control of hazards in major accidents or related materials.
6 ° ensure cooperation between services for the implementation of article 20, for a coherent public information;
7 ° to coordinate reporting to the European Commission, particularly as regards the institutions and the implementation of the agreement of cooperation.
8 ° coordinating the actions and positions in international policy, in what concerns the control of major accidents hazards.
§ 4. The Seveso-Helsinki cooperation Commission held at least four plenary sessions per year.
Each meeting is the subject of an order of the day and minutes distributed to all members in due course.
International policy positions taken are addressed to the Chairman of the Committee for Coordination of international policy on the environment.
The Chair and secretariat are provided by the federal public Service employment, labour and social dialogue.
CHAPTER 12. -Provisions finals s.
37. equivalent information submitted by the operator in accordance with other regulations, are accepted for the purposes of the present agreement of cooperation provided that they meet the requirements of this agreement of cooperation.
In such cases, the services referred to in article 4 shall ensure compliance with the requirements of this agreement of cooperation.
S. 38 annexes 1 to 6 of the present cooperation agreement may be amended by agreement not subject to legislative consent when it comes only to comply with the European regulation changes.
S.
39. the members of the jurisdiction referred to in article 92bis, § 5, paragraph 1, of the Special Act of 8 August 1980 institutional and reform charged to decide disputes of interpretation or implementation of this agreement of cooperation, are designated respectively by the Council of Ministers, the Flemish Government, the Walloon Government and the Government of the Brussels-Capital Region.
The operating costs of the Court will be divided equally between the parties involved in the dispute.
S. 40. the co-operation agreement of 21 June 1999 between the federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region on the control of major accident hazards involving dangerous substances, as amended by the agreement of cooperation of June 1, 2006, is repealed.
S. 41. until their eventual amendment, references to the co-operation agreement of 21 June 1999 by the provisions of laws and regulations, federal and regional, be construed as references to this agreement of cooperation.
S. 42. the present cooperation agreement into force the day of publication in the Moniteur belge of the final act of consent and no earlier than June 1, 2015.
Done at Brussels, 16 February 2016, in an original copy.
For the federal Government: the Prime Minister, c. MICHEL Minister of employment and the economy, K. PEETERS the Minister of safety and inside, J. ham the Minister of the environment, Ms.. M.. MARGHEM for the Flemish Region: the Minister - President of the Flemish Government, G. BOURGEOIS the Flemish Minister for the environment, Nature and Agriculture, Mrs. J. SCHAUVLIEGE for the Walloon Region: Minister - President of the Walloon Government, P. MAGNETTE the Walloon Minister of environment and planning, C. DI ANTONIO Pour the Brussels - Capital Region: the Minister-President of the Government of the Brussels-Capital Region, responsible for territorial development, R. VASU the Minister of Government of the Region of Brussels - charged capital of the environment, Mrs. C. FREMAULT annex 1 Hazardous Substances hazardous substances the danger categories listed in column 1 of part 1 are subject to the threshold quantities specified in columns 2 and 3 of part 1.
Where a hazardous substance is part 1 and is also listed in part 2, the qualifying quantities set out in columns 2 and 3 of part 2 apply.
PART 1. -Categories of hazardous substances this part covers all dangerous substances the danger categories listed in column 1: for consultation table, see image NOTES relating to the Schedule 1 1.
Substances and mixtures are classified in accordance with Regulation (EC) no 1272/2008.
2. mixtures are treated as pure substances provided that the concentration limits based on their properties in Regulation (EC) no 1272/2008, or its latest adaptation to technical progress are met, unless a percentage composition or other description is specifically given.
3. the threshold quantities indicated above are per establishment.
The quantities which must be taken into account for the purposes of the relevant articles are the maximum quantities which are present or are likely to be present at any time. Hazardous substances in one facility in quantities less than or equal to 2% only of the relevant threshold are not taken into account in the calculation of the total quantity present if their location within the institution is such that substances can trigger a major in Hotel accident or they can increase the consequences of an accident.
4. the following rules that govern the accumulation of dangerous substances, or categories of dangerous substances, shall apply, where appropriate: in the case of an establishment where no individual substance dangerous is present in a quantity greater than or equal to the threshold indicated quantity, the following rule is applied to determine if the establishment is subject to the requirements of the present cooperation agreement.
This cooperation agreement applies to settlements high threshold if the amount determined by the formula: q1/QU1 + q2/QU2 + q3/QU3 + q4/QU4 + q5/QU5 +... is greater than or equal to 1, where QX = the quantity of dangerous substance x (or category of dangerous substances) falling under part 1 or part 2 of this annex , and QUX means the relevant threshold quantity for the hazardous substance or category x, which is indicated in column 3 of part 1 or part 2 of this annex.
This cooperation agreement applies to settlements low threshold if the amount determined by the formula: q1/QL1 + q2/QL2 + q3/QL3 + q4/QL4 + q5/QL5 +... is greater than or equal to 1, where QX = the quantity of dangerous substance x (or category of dangerous substances) falling within part 1 or 2 of this annex , and QLX means the relevant threshold quantity for the hazardous substance or category x, which is set out in column 2 of part 1 or 2 of this annex.
This rule is used to assess the health hazards, physical hazards, and hazards to the environment. It must therefore be applied three times, namely: has) to the sum of the dangerous substances listed in part 2 which are classified in category 1, 2 or 3 of acute toxicity (inhalation) of dangerous substances falling under section H, headings H1 through H3 of part 1 or STOT SE category 1;
(b) to the sum of the dangerous substances listed in part 2 which are explosive, flammable gases, flammable aerosols, oxidizing gases, flammable liquids, substances and mixtures autoreactive, organic peroxides, and liquid and solid pyrophoric, oxidizing solids and liquids, and dangerous substances which fall within section P, P1 to P8 of part 1;
c) to the sum of the dangerous substances listed in part 2 which are dangerous for the aquatic environment, acute category 1, chronic category 1 or chronic category 2, and dangerous substances which fall within section E, sections E1 and E2 of part 1.
((The relevant provisions of the agreement of cooperation apply as one of such sums in), b) or c) is greater than or equal to 1.
5. in the case of dangerous substances which are not covered by Regulation (EC) no 1272/2008, including waste, and which nevertheless are present, or likely to be present, in an establishment and which are, or are likely to, in the conditions prevailing in the establishment, equivalent properties with respect to their potential for major accidents These substances are tentatively assigned to the closest category or the designated hazardous substance under this agreement of cooperation.
6. in the case of dangerous substances with properties that give rise to multiple classifications, the threshold quantities, for the purposes of this agreement of cooperation, are the smaller amounts. However, for the purposes of the application of the rule set out in note 4, the lowest threshold quantity for each

group categories listed in note 4, point a), b), c) corresponding to the relevant classification is used.
"7. hazardous substances in category acute toxicity", category 3, oral (H 301), are listed under the heading H2 toxicity acute "in cases where neither classification of acute inhalation toxicity or acute dermal toxicity classification can be established, for example because of the absence of toxicity data by inhalation and through the skin to the conclusive.
8. the explosive hazard class includes explosive articles [see annex I, section 2.1, of Regulation (EC) no 1272/2008]. If the quantity of substance or explosive mixture contained in the article is known, it is this amount that is taken into account for the purposes of the present agreement of cooperation. If the quantity of substance or explosive mixture contained in article is not known, it is the whole article which will be considered as hazardous for the purposes of the present agreement of cooperation.
9. the conduct of trials aimed at highlighting the explosive properties of substances and mixtures is necessary only if the procedure of selection provided in Appendix 6, part 3, of the United Nations recommendations on the transport of dangerous goods, manual of tests and criteria (1) (hereinafter referred to as the 'Manual of tests and criteria of the United Nations') determines that the substance or the mixture is likely to have explosive properties.
10. the explosives of division 1.4 unpacked or repacked are classified as P1a, unless it can be demonstrated that the danger is always to division 1.4, in accordance with Regulation (EC) no 1272/2008.
11 1. Flammable aerosols are classified in accordance with stops it royal 31 July 2009 relating to aerosol dispensers. Aerosols 'extremely flammable' and 'flammable' for this order correspond respectively to flammable aerosols of categories 1 and 2 of Regulation (EC) no 1272/2008.
11 2. In order to use this classification, it must be demonstrated that the aerosol generator does not contain gases flammable category 1 or 2, or flammable liquid category 1.
12. pursuant to paragraph 2.6.4.5 of annex I to Regulation (EC) no 1272/2008, it is not necessary to classify liquids with a flash point greater than 35 ° C in category 3 If the test combustion maintained item L.2, part III, section 32 of the manual of tests and criteria of the United Nations gave negative results. However, this remark is not valid in case of high conditions, such as temperature or high pressure, and these liquids must be classified in this category.
13. ammonium nitrate (5 000 / 10 000): fertilizer likely to undergo autonomous decomposition applies to ammonium nitrate-based fertilizer complex compounds (ammonium nitrate-based fertilizer complex compounds contain nitrate of ammonium and phosphate and/or potash) which are capable of autonomous decomposition according to the test of decomposition in gutter of the United Nations (see Manual of tests and criteria of the United Nations Part III, subsection 38.2), which due to ammonium nitrate nitrogen content is:-between 15,75% (2)-24.5% (3) by weight, and which contain up to 0.4% of fuels/organic matter altogether, 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 relating to fertilisers - inferior or equal to 15.75% by weight, without limitation of combustible material.
14. ammonium nitrate (1 250 / 5 000): quality fertilizer applies to the fertilizers ammonium nitrate-based compounds/complex ammonium nitrate-based fertilizers which comply with the conditions of annex III-2 of Regulation (EC) No 2003/2003 and due to ammonium nitrate nitrogen content is:-more than 24,5% by weight, except for mixtures of simple ammonium nitrate-based fertilizers with dolomite limestone and/or calcium carbonate with a purity of at least 90%, - more than 15,75% by weight for mixtures of ammonium nitrate and sulphate ammonium, - more than 28% (4) by weight for mixtures of simple ammonium nitrate-based fertilizers with dolomite, limestone and/or calcium carbonate with a purity of at least 90%.
15. ammonium nitrate (350/2 500): technical quality applies to ammonium nitrate and mixtures of ammonium nitrate where the nitrogen content in ammonium nitrate is: - between 24,5% and 28% by weight, and which contain not more than 0,4% combustible substances, - more than 28% by weight, and which contain not more than 0,2% combustible substances.
Applies also to aqueous solutions of ammonium nitrate where the concentration of ammonium nitrate is more than 80% by weight.
16. ammonium nitrate (10/50): 'off-specs' (excluding specifications) material and fertilizers not satisfying the detonation test.
Applies to the:-material rejected during the manufacturing process as well as the ammonium nitrate and mixtures of ammonium nitrate, from simple based ammonium nitrate fertilizer complex compounds to database referred to in notes 14 ammonium nitrate and fertilizer 15, who are or have been returned by the final user to a manufacturer, to a temporary storage facility or a reprocessing plant for recycling or treatment to ensure their safe use because they no longer meet the specifications of the notes 14 and 15, - fertilisers referred to in note 13, first indent, and note 14 of this annex who do not comply with the conditions of annex III-2 of Regulation (EC) No 2003/2003.
17. potassium nitrate (5 000 / 10 000) applies to fertilizers (in the form of tablets or granules) potassium nitrate-based compound have the same dangerous properties than the pure potassium nitrate.
18. potassium nitrate (1 250 / 5 000) applies to compound/composite fertilisers basis of nitrate of potassium (in the form of crystals) which have the same dangerous properties than the pure potassium nitrate.
19 biogas refined for the implementation of this agreement of cooperation, refined biogas can be filed under section 18 of part 2 of annex I where he has been treated in accordance with the applicable purified and refined biogas standards, ensuring a quality equivalent to that of natural gas, including with respect to the methane content , and has a maximum grade of 1% oxygen.
20 Polychlorodibenzofurans and polychlorodibenzodioxins the quantities of polychlorodibenzofurans and polychlorodibenzodioxins are calculated using the toxic equivalency factors (TEFS) following: TEF - who 2005 2,3,7,8-TCDD 1 2,3,7,8-tcdf 0.1 1,2,3,7,8-PeDD 1 2,3,4,7,8-PeCDF 0.3 1,2,3,7,8-PeCDF 0.03 1,2,3,4,7,8-HxCDD 0.1 1,2,3,6,7,8-HxCDD 0.1 1,2,3,4,7,8-hxcdf 0.1 1,2,3,7,8,9-HxCDD 0.1 1,2,3,7,8,9-HxCDF 0.1 1,2,3,6,7,8-hxcdf 0.1 1,2,3,4,6,7,8-HpCDD 0.01 2,3,4,6,7,8-HxCDF 0.1 OCDD 0.0003 0.01 1,2,3,4,7,8,9-HpCDF 0.01 OCDF 0.0003 (T = tetra 1,2,3,4,6,7,8-HpCDF P = penta, Hx = hexa, Hp = hepta, O = octa) Reference - Van den Berg et al: The 2005 World Health Organization Re-evaluation of Human and Mammalian Toxic Equivalency Factors for Dioxins and Dioxin - like Compounds 21. In cases where this dangerous substance also falls within the heading flammable liquid P5a or flammable liquid P5b, the lowest qualifying quantities shall apply for the purposes of the present agreement of cooperation.
_ Notes (1) the more precise guidance on the exemptions from testing are provided in the description of the A.14 method; see Regulation (EC) no 440/2008 of the Commission of 30 May 2008 laying down methods in accordance with Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the registration, evaluation 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 at Brussels, 16 February 2016, in an original copy.
For the federal Government: the Prime Minister, c. MICHEL Minister of employment and the economy, K. PEETERS the Minister of safety and inside, J. ham the Minister of the environment, Ms.. M.. MARGHEM for the Flemish Region: the Minister - President of the Flemish Government, G. BOURGEOIS the Flemish Minister for the environment, Nature and Agriculture, Mrs. J. SCHAUVLIEGE for the Walloon Region: Minister - President of the Walloon Government, P. MAGNETTE the Walloon Minister of environment and planning, C. DI ANTONIO Pour the Brussels - Capital Region: the Minister-President of the Government of the Brussels-Capital Region, responsible for territorial development, R. VASU the Minister of Government of the Region of Brussels - charged capital of the environment, Mrs. C. FREMAULT annex 2 information referred to in article 6, § 4, and article 8, § 1, relating to the safety management system and the Organization of the establishment with a view to the prevention of major accidents

For the implementation of the elaborate safety management system, the operator takes account of the following elements: 1. the safety management system includes the part of the general system for the management of the facility that contains the organizational structure, responsibilities, practices, procedures, processes and resources that allow to determine and implement the policy of prevention of major accidents taking into account the best available practices.
2. the following elements and activities are to be considered in the safety management system and the procedures defining how these elements and activities are developed, adopted and implemented within the company: i) the Organization and staff: has) the roles and responsibilities of personnel involved in the risk management of major hazards at all levels of the Organization;
(b) the measures taken to raise awareness of the need for improved permanent;
c) identification of the training needs of the staff and the Organization of this training;
(d) collaboration with third parties for important activities from the point of view of safety);
(e) the involvement of the staff of the company, as well as of these third parties).
(ii) identification and evaluation of major accidents hazards: a) the systematic identification of the dangers of major accidents that may occur in normal or abnormal operating conditions, including, if applicable, during activities carried out by third parties;
b) the assessment of the risks associated with these hazards;
(c)) the definition and implementation of measures to control these risks.
(iii) the control of design: a) the design of installations and processes;
b) the planning and implementation of changes to existing processes and facilities;
(iv) operational control: a) the safe operation of facilities in all circumstances, for example, in normal operation, but also at startup, during temporary absences or during interviews.
(b) the management of alarms;
(c) the insurance of the State and the proper functioning of the measures put in place to manage the risk of major accidents, including:-the definition and the implementation of the strategy and methodology for the monitoring and control of the condition and operation of these measures;
-the definition and the implementation of necessary countermeasures in the event of non-compliance;
(d) the control of major accident hazards resulting from the deterioration of equipment, such as aging or corrosion, including:-an inventory of the equipment concerned;
-inventory of degradation processes possible;
-the definition and the implementation of the strategy and the methodology for monitoring and control of the State of such equipment;
-the definition and implementation of actions to be taken, based on this monitoring and control, to preserve the good condition of the equipment, such as repair or replacement of equipment, or adaptation of working conditions;
(v) emergency preparedness: a) the systematic identification of foreseeable emergencies;
(b)) the development, testing, revision and update of a plan of internal emergency for these emergencies.
c) the Organization of specific training to all staff concerned working in the establishment, including third parties.
(vi) the investigation of accidents and incidents: a) the declaration and registration of major accidents and incidents, in particular of the incidents during which the measures in place have defaulted;
(b) the analysis of these accidents and incidents;
c) the development and implementation of corrective measures to prevent the repetition of such accidents and incidents;
(vii) audit and review: has) ongoing assessment of compliance with the objectives of the prevention of major accidents and the management system of security, as well as the introduction of mechanisms for investigation and correction in the event of non-compliance; This may include performance indicators, such as security or other relevant indicators KPIs;
(b) the systematic and periodic fitness evaluation and the effectiveness of the policy of prevention of major accidents and safety management system; This includes an assessment documented, carried out by the Directorate, the results of applied policy, management system of safety and the adjustments deriving therefrom, including taking into consideration and integration of the necessary changes resulting from the audit and review.
Done at Brussels, 16 February 2016, in an original copy.
For the federal Government: the Prime Minister, c. MICHEL Minister of employment and the economy, K. PEETERS the Minister of safety and inside, J. ham the Minister of the environment, Ms.. M.. MARGHEM for the Flemish Region: the Minister - President of the Flemish Government, G. BOURGEOIS the Flemish Minister for the environment, Nature and Agriculture, Mrs. J. SCHAUVLIEGE for the Walloon Region: Minister - President of the Walloon Government, P. MAGNETTE the Walloon Minister of environment and planning, C. DI ANTONIO Pour the Brussels - Capital Region: the Minister-President of the Government of the Brussels-Capital Region, responsible for territorial development, R. VASU the Minister of Government of the Region of Brussels - charged capital of the environment, Mrs. C. FREMAULT annex 3 data and minimum information to be considered in the safety report provided for in article 8 1. Information on the management system and the Organization of the establishment with a view to the prevention of major accidents.
This information must cover the elements contained in annex 2.
2. presentation of the vicinity of the hotel: a) description of the site and its vicinity including geographical location, meteorological, geological, hydrographic data and, where appropriate, its history;
(b) identification of installations and other activities within the institution, which may present a major-accident hazard;
(c) on the basis of the information available, Census of neighbouring settlements, as well as sites not covered by this agreement of cooperation, areas, and which are likely to be the cause, or increase the risk or consequences of a major accident and domino effects;
(d) description of the areas likely to be affected by a major accident.
3. description of the installation: a) description of the main activities and productions of parts of the establishment which are important from the point of view of safety, sources of risk of major accidents and the conditions under which this major accident could intervene, accompanied by a description of the preventative measures;
(b) description of processes, including procedures, taking into account, where appropriate, the information available on best practices;
(c) description of dangerous substances: i. inventory of dangerous substances:-identification of dangerous substances: chemical name, CAS number, name according to IUPAC nomenclature, - the maximum amount of the (a) substance (s) present (s) or which may may be present (s), ii. physical, chemical and toxicological characteristics and indication of the dangers, both immediate deferred to human health or the environment, iii. physical or chemical behaviour under normal use or under foreseeable accidental conditions.
4. identification and analysis of the accident risks and means of prevention: a) detailed description of scenarios of possible major accidents and the conditions of occurrence summarizing events that can play a role in triggering each of these scenarios, that the causes are internal or external to the installation; in particular, the causes are: i. operational;
II. external, e.g. by domino effects or because of sites not covered by this agreement of cooperation, areas and facilities, that may be the cause, or increase the risk or consequences of a major accident;
III. natural, such as earthquakes or floods.
(b) assessment of the extent and severity of the consequences of identified major accidents, including maps, images or, as appropriate, equivalent descriptions which appear the areas likely to be affected by such accidents involving the establishment;
(c) inventory of accidents and past incidents involving the same substances and the same methods, review of the lessons learned from these events and reference express specific measures taken to prevent these accidents;
(d) description of technical parameters and equipment installed for the safety of the installations.
5. measures of protection and intervention to reduce the consequences of a major accident: has) description of equipment in place at the facility to limit the consequences of the accident for human health and the environment, including devices to limit the dispersion of accidental releases, such as detection systems, the valves, the collection of emergency systems systems of fire water, water spray devices, the screens of steam retention;
(b) Organization of alert and intervention;
(c) description of the available means of internal or external;
(d) description of any technical and non-

useful technique for the reduction of the consequences of a major accident.
Done at Brussels, 16 February 2016, in an original copy.
For the federal Government: the Prime Minister, c.
MICHEL Minister of employment and the economy, K. PEETERS the Minister of safety and inside, J. ham the Minister of the environment, Ms..
M.. MARGHEM for the Flemish Region: the Minister - President of the Flemish Government, G. BOURGEOIS the Flemish Minister for the environment, Nature and Agriculture, Mrs.
J. SCHAUVLIEGE for the Walloon Region: Minister - President of the Walloon Government, P. MAGNETTE the Walloon Minister of environment and planning, C. DI ANTONIO Pour the Brussels - Capital Region: the Minister-President of the Government of the Brussels-Capital Region, responsible for territorial development, R. VASU the Minister of Government of the Region of Brussels - charged capital of the environment, Mrs.
C. FREMAULT annex 4 data and information to be included in the contingency provided for in articles 11 and 13 1 ° internal emergency Plans: a) name or function of the persons entitled to initiate procedures of plan of internal emergency and the person in charge of the intervention within the establishment and coordination of intervention measures;
(b) name or function of the head of the connections with the authority responsible for the external emergency plan;
(c) for each situation or predictable event which could play a decisive role in the event of a major accident, description of the measures to take to control this situation or this event and to limit their consequences, this description to extend the safety equipment and the resources available;
d) measures aimed at limiting the risks to persons inside the establishment, including warning and driving system to hold at the outbreak of the alert;
(e) arrangements for that incident, the authority responsible for the outbreak of the external emergency plan be informed quickly, type of information to be provided immediately and measures concerning the communication of more detailed information as they become available;
f) arrangements for training staff in the tasks it is supposed to perform and, where appropriate, coordination of this action with the external emergency services;
g) provisions aimed at supporting the intervention outside the facility.
2 ° external emergency plans: a) name or function of the persons entitled to trigger external emergency plan procedures and authorized persons to lead and coordinate the measures taken outside the establishment;
b) arrangements to be informed quickly of potential incidents, including alert procedures;
c) provisions aimed at coordinating the means necessary for the implementation of the external emergency plan;
d) provisions to support the intervention within the institution;
(e) provisions concerning the intervention outside the institution, in the context of the response to the accident scenarios major retained in the external emergency plan on the basis of the safety report, and taking into account possible domino effects).
(f) provisions to provide to all people, all buildings and areas frequented by the public, including schools and hospitals, and at any neighbor and neighbor site not covered by this cooperation agreement, likely to be affected by a major accident, of the specific information relating to the accident and conduct;
(g) provisions to ensure that the competent authorities of the other Member States in case of major accident that could have consequences beyond the borders).
Done at Brussels, 16 February 2016, in an original copy.
For the federal Government: the Prime Minister, c.
MICHEL Minister of employment and the economy, K. PEETERS the Minister of safety and inside, J. ham the Minister of the environment, Ms..
M.. MARGHEM for the Flemish Region: the Minister - President of the Flemish Government, G. BOURGEOIS the Flemish Minister for the environment, Nature and Agriculture, Mrs.
J. SCHAUVLIEGE for the Walloon Region: Minister - President of the Walloon Government, P. MAGNETTE the Walloon Minister of environment and planning, C. DI ANTONIO Pour the Brussels - Capital Region: the Minister-President of the Government of the Brussels-Capital Region, responsible for territorial development, R. VASU the Minister of Government of the Region of Brussels - charged capital of the environment, Mrs.
C. FREMAULT schedule 5 criteria for the notification of an accident to the planned European Commission in article 19, § 1 I. Any major accident under item 1 or having at least one of the consequences described in points 2, 3, 4 or 5 shall be notified to the European Commission.
1 substance dangerous any fire or explosion or accidental release of hazardous substances involving a quantity at least equal to 5% of the threshold quantity specified in column 3 of part 1 or part 2 of Schedule 1.
2. damage to people or property has) a death;
(b) six persons injured within the establishment and hospitalized for at least 24 hours;
(c) a person located outside the establishment hospitalized for at least 24 hours;
(d) accommodation (s) outdoor (s) to the establishment damaged and unavailable (s) of the 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) interruption of the services of drinking water, electricity, gas or telephone traffic for more than 2 hours (persons x hours): the value is at least equal to 1,000.
3. immediate damage to the environment has) permanent or long-term damage to terrestrial habitats:-0.5 hectares or more than one important habitat from the point of view of the environment or the conservation and protected by legislation;
-10 hectares or more of a habitat more extended, including farmland;
(b) significant harm or long-term damage to surface water habitats or marine habitats:-10 km or more of river, Canal or river.
-1 ha or more of a lake or pond;
-2 ha or more of a delta;
-2 ha or more of a coastal area or sea;
(c) significant harm caused to an aquifer or underground water:-1 hectare or more.
4. damage has) damage to property in the establishment: from 2 000 000 EUR;
(b) damage to property outside the establishment: from € 500,000.
5. transboundary damage any major accident directly involving a dangerous substance responsible for effects outside the Belgian territory.
II. accidents and near misses which, in the opinion of the competent Department, present particular technical interest for preventing major accidents and the limitation of their consequences and which do not meet the quantitative criteria above, shall be notified to the European Commission.
Done at Brussels, 16 February 2016, in an original copy.
For the federal Government: the Prime Minister, c. MICHEL Minister of employment and the economy, K. PEETERS the Minister of safety and inside, J. ham the Minister of the environment, Ms.. M.. MARGHEM for the Flemish Region: the Minister - President of the Flemish Government, G. BOURGEOIS the Flemish Minister for the environment, Nature and Agriculture, Mrs. J. SCHAUVLIEGE for the Walloon Region: Minister - President of the Walloon Government, P. MAGNETTE the Walloon Minister of environment and planning, C. DI ANTONIO Pour the Brussels - Capital Region: the Minister-President of the Government of the Brussels-Capital Region, responsible for territorial development, R. VASU the Minister of Government of the Region of Brussels - charged capital of the environment, Mrs. C. FREMAULT annex 6 Elements of information to be communicated to the public in application of article 20 part 1 for all establishments: 1. the name or the name of the operator and the full address of the establishment concerned;
2. confirmation of the fact that the establishment is subject to the regulations and/or administrative application of the present agreement of cooperation and that the notification referred to in article 7, paragraph 1, or the safety report provided for in article 8, paragraph 1, was transmitted to the competent authority;
3. an explanation in simple terms, of the activities of the establishment;
4. the common name or, in the case of dangerous substances under annex I, part 1, the generic name or the hazard category of the dangerous substances concerned within the establishment which could give rise to a major accident, with an indication of their principal dangerous in simple terms features.
5. General information about the way in which the public concerned will be warned, if necessary; adequate information on the behavior appropriate in the event of a major accident or the indication of the place where such information can be consulted electronically;
6. the date of the last inspection on site in accordance with article 33, paragraph 3, or the reference to the place where this information can be accessed electronically; information on the place where it is possible to obtain, on request, more detailed information on the control and inspection plan which

There is bound, subject to the grounds for exception under the legislation concerning public access to environmental information;
7. the details concerning the procedure for obtaining any other relevant information, subject to the grounds for exception under the legislation concerning public access to environmental information.
Part 2 for settlements high threshold, in addition to the information referred to in part 1: 1. General information about the nature of the major related to the accident hazards, including their potential effects on human health and the environment and a summary of the main types of scenarios of major accidents and measures to control hazards to cope;
2. the confirmation of the obligation imposed on the operator to take adequate measures within the institution and to make contact with the emergency services to deal with major accidents and to limit the more possible effects.
3. adequate information on the external emergency plan established to fight against possible effects apart from the establishment of an accident, including the invitation to follow instructions or instructions and respond to requests for emergency in case of accident;
4. where appropriate, the information indicating if the establishment is close to the territory of another Member State likely to be cross-border effects of a major accident in accordance with the Convention on the transboundary effects of industrial accidents, done at Helsinki on 17 March 1992.
Done at Brussels, 16 February 2016, in an original copy.
For the federal Government: the Prime Minister, c. MICHEL Minister of employment and the economy, K. PEETERS the Minister of safety and inside, J. ham the Minister of the environment, Ms.. M.. MARGHEM for the Flemish Region: the Minister - President of the Flemish Government, G. BOURGEOIS the Flemish Minister for the environment, Nature and Agriculture, Mrs. J. SCHAUVLIEGE for the Walloon Region: Minister - President of the Walloon Government, P. MAGNETTE the Walloon Minister of environment and planning, C. DI ANTONIO Pour the Brussels - Capital Region: the Minister-President of the Government of the Brussels-Capital Region, responsible for territorial development, R. VASU the Minister of Government of the Region of Brussels - charged capital of the environment, Mrs. C. FREMAULT annex 7 clarification regarding the modalities of coordination referred to in article 32 § 2 the coordination referred to in article 32, § 2, includes the following tasks: 1 ° organize consultation between different inspection teams, to organise a system of inspections referred to in article 33 and establish an inspection plan referred to in article 33, paragraph 2, and, consistently throughout the Kingdom;
2 ° organising consultation within each inspection team, to establish settlements within the territory of the region concerned programs for routine checks referred to in article 33 § 3, and to evaluate and update programs on a regular basis;
3 ° ensure the organisation of joint checks referred to in article 33, § 3;
4 ° allow the exchange of information on relevant experiences for inspection, on new developments in terms of inspection techniques and on any information useful for the implementation of the inspection missions;
5 ° informing the coordinating unit on recorded facts, on the findings of the analyses of accidents or other new approaches, when they may require, after joint opinion inspection services, a revision, or an update of the safety report, in accordance with article 8, § 6;
6 ° to establish practical agreements within the inspection for the implementation teams tasks referred to in article 18, paragraph 2, in the event of a major accident;
7 ° ensuring the reporting to the European Commission of major accidents, in accordance with article 19, § 1 and § 2;
8 ° organize a consultation where an inspection service considers that the measures taken by the operator to prevent major accidents or to limit the consequences are insufficient;
9 ° to organize other actions agreed by common accord by the inspection services.
Done at Brussels, 16 February 2016, in an original copy.
For the federal Government: the Prime Minister, c. MICHEL Minister of employment and the economy, K. PEETERS the Minister of safety and inside, J. ham the Minister of the environment, Ms.. M.. MARGHEM for the Flemish Region: the Minister - President of the Flemish Government, G. BOURGEOIS the Flemish Minister for the environment, Nature and Agriculture, Mrs. J. SCHAUVLIEGE for the Walloon Region: Minister - President of the Walloon Government, P. MAGNETTE the Walloon Minister of environment and planning, C. DI ANTONIO Pour the Brussels - Capital Region: the Minister-President of the Government of the Brussels-Capital Region, responsible for territorial development, R. VASU the Minister of Government of the Region of Brussels - charged capital of the environment, Mrs. C. FREMAULT