Law Approving The Cooperation Agreement Of 1 June 2006 Between The Federal State, The Flemish Region, The Walloon Region And The Brussels-Capital Region Amending The Cooperation Agreement Of 21 June 1999 Between The Federal State, The Flemish Region,

Original Language Title: Loi portant assentiment à l'accord de coopération du 1er juin 2006 entre l'Etat fédéral, la Région flamande, la Région wallonne et la Région de Bruxelles-Capitale modifiant l'accord de coopération du 21 juin 1999 entre l'Etat fédéral, la Région flamande,

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Posted the: 2007-04-26 Numac: 2007200950 SERVICE PUBLIC FEDERAL employment, labour and social consultation 2 March 2007. -Law concerning consent to the cooperation agreement of June 1, 2006, between the federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region amending 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 major accidents hazards involving substances dangerous (1) ALBERT II , King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1.
This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. it is worn consent to the cooperation agreement of June 1, 2006, between the federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region amending 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 major-accident hazards involving dangerous substances.

Promulgate this Act, order that it be under the seal of the State and published by the Belgian Monitor.
Given to Brussels, March 2, 2007.
By the King: the Minister of employment, P. VANVELTHOVEN sealed with the seal of the State: the Minister of Justice, Ms. L. ONKELINX _ Notes (1) records of the Senate.
-3 - 1820 - 2005/2006: No. 1: Bill. -No. 2: report.
Annals. -7 December 2006.
Records of the House of representatives. -51 - 2798 - 2006/2007: 001: draft transmitted by the Senate (not related).
-002: Text adopted in plenary meeting and submitted to Royal assent.
See also: Compte rendu intégral. -15 February 2007.

Cooperation agreement between the federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region amending 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 major accident hazards involving dangerous having regard to Directive 2003/105 substances / EC of Parliament European and of the Council of 16 December 2003 amending Council directive 96/82/EC of the Council concerning control of dangers associated with major accidents involving dangerous substances;
Having regard to opinion No 2005/37 of 27 October 2005 the 'Sociaal-Economische Raad van Vlaanderen' and the 'Milieu-en Natuurraad van Vlaanderen '.
Having regard to opinion No. 1,539 December 21, 2005, of the National Council of labour;
Whereas according to article 2 of directive 2003/105/EC, Member States shall bring into force the legislative and administrative provisions necessary to comply before July 1, 2005;
The federal State, represented by the Minister of the Interior, the Minister of the economy, the Minister of the environment and the Minister of labour;
The Flemish Region, represented by the Flemish Government, in the person of its Minister-President and in the person of the Flemish Minister of finance and the Budget and planning of the territory and the Flemish Minister for public works, energy, the environment and Nature;
The Walloon Region, represented by the Walloon Government in the person of its Minister-President in the person of the Walloon Minister of housing, transport and territorial development and in the person of the Walloon Minister of Agriculture, rurality, environment and tourism;
The Brussels-Capital Region, represented by the Brussels-capital Government in the person of its Minister-President, responsible for local authorities, the development of the territory, of Monuments and Sites, urban renewal, housing, public cleanliness and the Development Cooperation, in the person of the Minister of the environment, energy and politics of water and in the person of the Secretary of State for housing and town planning , Agree as follows: article 1. Article 4 of 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, the following changes are made: has) in the text french 3 °, 'for the purposes of this agreement, to an existing institution' shall be replaced by the words "for the purposes of this agreement. ", to a new facility."
(b) in 12 °, the words "security report" are replaced by the words "the report of security and notification.
S. (2A article 5 of the agreement of cooperation, the following changes are made: a) in § 2, 4 °, 'Federal Ministry of employment and labour' shall be replaced by the words "Service Public Fédéral Emploi, Travail et Concertation Sociale" and the words "Federal Department of Economic Affairs" by the words "Service Public Federal economy, SMEs, Middle Classes and energy ';
(b) in paragraph 2, 5 °, "civil protection" shall be replaced by the words "civil security" and the words "Federal Ministry of the Interior" by the words "Service Public Federal Interior."
"" (c) in paragraph 3, 4 ° 'Federal Ministry of employment and labour' shall be replaced by the words "Service Public Fédéral Emploi, Travail et Concertation Sociale" and the words "Federal Department of Economic Affairs" by the words "Federal economy, SMEs, Middle Classes and energy Public Service.
S. 3. Article 6 of the agreement of cooperation the following changes are made: a) 5 ° is replaced by the following provision: "5 ° the exploitation (exploration, extraction and processing) of minerals in mines, quarries, or by means of boreholes, with the exception of chemical and thermal processing and storage operations related to those operations which involve dangerous substances, as defined in annex Ire;";
(b) 6 ° is replaced by the following provision: «6 ° activities exploration and offshore exploitation of minerals, including hydrocarbons; ";
(c) article is supplemented as follows: "7 ° landfills of waste, with the exception of facilities in activity of tailings disposal, including tailing ponds or tailings, which contain such hazardous substances as defined in annex Ire, in particular when they are used in connection with the chemical and thermal treatment of minerals.".
S. 4. Article 8 of the agreement of cooperation, the following changes are made: has) the § 1, 1 ° is replaced by the following provision: «1 ° in the case of new establishments: no later than at the time of the introduction of the application for a licence with the licensing of the establishment or the modification or extension of an establishment referred to in article 4. , 3°; (' b) the § 1, 3 ° is replaced by the following provision: «3 ° in the case of establishments which must introduce a notification following a change in the scope of the cooperation agreement, particularly following a change in the classification of dangerous substances: no later than three months from the date on which this cooperation agreement applies to the establishment concerned. as provided in article 3, § 1. »;
(c) paragraph 2 is replaced by the following provision: "§ § 2 2» Notification pursuant to the § 1 contains the following information: 1 ° the name or business name of the operator, as well as full address of the establishment concerned;
2 ° the seat of the operator with the full address;
3 ° the name or function of the head of the institution, if it is one person other than that referred to in point 1 °;
4 ° the information to identify the dangerous substances or category of substances involved;
5 ° the quantity and physical form of the dangerous substance in question;
6 ° the activity exercised or laid down in the installation or storage area;
7 ° the immediate environment of the establishment being the elements likely to cause a major accident or to aggravate the consequences. »;
(d) § 4 is replaced by the following provision: "§ § 4 4» The notification is transmitted by the operator at the service of coordination in eight copies. If necessary, this number is increased at the request of the coordination service. With the agreement of the coordinating unit, the notification may be in digital form the formalities specified by him. »;
(e) § 5, 2 ° is replaced by the following provision: 2 ° in case of modification of an establishment or an installation which could have significant repercussions on major accident hazards;
»;
(f) § 5 is completed as follows: «3 ° in the case of definitive closure of the establishment.».
(g) section 6 is replaced by the following provision: "§ § 6 6.» The coordination service sends notifications referred to the § 1-assessment services, inspection services, to the competent province Governor and the competent Mayor competent. » Art. 5. article 9 of the agreement of cooperation is supplemented by the following paragraph: "§ § 4 4» In the case of establishments which must write the document referred to the § 1 suite to a change in the scope of the cooperation agreement, including following a change in the classification of dangerous substances, this document is written within three months of the date on which this agreement of cooperation applies to the establishment concerned, as laid down in article 3 , § 1. »

S.
6. in article 10, § 2 of the same cooperation agreement the following changes are made:) the 1 ° is completed as follows: ' e) the involvement of staff subcontractor working in the institution; "
(b) the 5 ° is replaced by the following provision: «5 ° emergency planning: management procedures to identify using a systematic emergency situations predictable, to prepare, test and review emergency plans, and to provide staff, including relevant subcontracted personnel, trained, in order to deal with such emergency situations;
S.
(7A article 12 of the agreement of cooperation, the following changes are made: a) paragraph 2 is replaced by the following provision: "§ § 2 2» The safety report contains at least the data and information listed in annex II. It specifies the name of the relevant bodies that participated in the preparation of the report. It contains, Furthermore, the inventory of the dangerous substances present in the establishment. »;
(b) in paragraph 3, first subparagraph 1 is replaced by the following provision: «1 ° for new establishments: no later than three months before the start of the operation of the establishment or the modification or the extension of an establishment referred to in article 4, 3 °;
(c) in paragraph 3, paragraph 4 is replaced by the following provision: "(4) without delay after the periodic reviews provided for in § 4;";
(d) in paragraph 3, first subparagraph 5 ° is replaced by the following provision: «5 ° for establishments that are required to write a report of security following a change in the scope of the cooperation agreement, particularly following a change in the classification of dangerous substances: in the year following the date on which this agreement of cooperation applies to the establishment concerned. as provided in article 3, § 1;
»;
(e) § 3, first subparagraph is complemented by: 6 ° for establishments referred to in article 3, § 1, third paragraph, which should for the first time a report of security by modification or extension: before the start of the operation of the modification or extension. »;
f) § 3, second paragraph is replaced by the following provision: "the safety report will be submitted in 8 copies. If necessary, this number is increased at the request of the coordination service. With the agreement of the coordinating unit, it can be delivered in digital form in the manner to be determined by him. ».
S. 8. article 14, paragraph 1 of the same cooperation agreement is replaced by the following subparagraph: "the safety report, including the list referred to in article 12 § 2, can be accessed by the public from the coordination service. '' The operator may ask the coordination service to not make public parts of the report and the list under the confidential nature of certain industrial, commercial or personal data. The coordination service may decide that certain parts of the report and the list cannot be made public for the reasons listed above or for reasons of State security, prevention of sabotage or national defence.
» Art. (9 ÷ the following changes are made by article 15 of the agreement of cooperation: a) § 2, 1 ° is replaced by the following provision: «1 ° for new establishments: before the start of the operation of the establishment or the modification or the extension of an establishment referred to in article 4, 3 ° ';
(b) § 2, 4 ° is replaced by the following provision: «4 ° for establishments which must develop a contingency plan internal due to modification of the scope of the cooperation agreement, particularly following a change in the classification of dangerous substances: in the year following the date on which this agreement of cooperation applies to the establishment concerned, as laid down in article 3. , § 1.
»;
(c) paragraph 3 is supplemented by the following paragraph: 'the operator shall also consult relevant subcontracted personnel working on the site in the long term in the development of the internal emergency plan.'.
S. 10. in article 17 of the agreement of cooperation, the following changes are made: has) in the § 1, first paragraph, the words "civil protection" are replaced by the words "civil security";
(b) in paragraph 2, second subparagraph, the words "civil protection" are replaced by the words "civil security";
(c) paragraph 3 is replaced by the following provision: "§ § 3 3» The Minister responsible for civil security ensures that the public is consulted when setting or updating of external emergency plans, in accordance with its instructions. This consultation implies that the public can make observations within a reasonable time and that these observations should be considered. »;
(d) in § 4, first and second paragraph, "civil protection" shall be replaced by the words "civil security";
(e) article is supplemented by the following paragraph: "§ § 5 5.» The competent Minister for civil security shall ensure that with regard to external emergency plans, it is taken into account the need to facilitate enhanced cooperation between the European Member States in civil protection in the event of major disaster assistance. ».
S.
11. in article 19 of the agreement of cooperation, the following changes are made: a) the § 1, first paragraph is replaced by the following provision: «§ 1. The Minister responsible for civil safety, or his delegate, shall ensure that information on safety measures and conduct major accidents are provided Office regularly according to the form best suited to all persons and all establishments open to the public likely to be affected by a major accident occurring in a facility referred to in article 12. »;
(b) in paragraph 3 the words "civil protection" are replaced by the words "civil security".
S. 12. in article 20 of the agreement of cooperation, paragraph 2 is replaced by: ' ' § § 2 2 If the major accident or uncontrolled event requires a coordinated rescue and intervention services, external emergency plan is raised and executed in accordance with the legislation on civil protection and the instructions on the subject of the appropriate Minister for civil security. ».
S. 13. in article 11, § 2, 2 °, article 16, article 18, paragraph 1, article 21, third paragraph, and article 22, paragraph 2, of the cooperation agreement, the words "civil protection" are each time replaced by the words "civil security".
S. 14. in article 23 of the cooperation agreement, § 2, paragraph 1 is replaced by: ' ' § § 2 2
As soon as the information provided for in article 22 have been collected, the competent inspection team shall inform the Commission of the European Community of the results of its analysis and makes it part of its recommendations through the form provided on the subject. ».
S. 15. article 24, § 1, paragraph 2 of the same cooperation agreement is replaced by the following subparagraph: 'the Regions shall ensure that their policy for the allocation and use of soil or other relevant policies as well as procedures for implementing those policies take account of the need, long term, to maintain appropriate distances between, on the one hand ". the establishments covered by this agreement and, on the other hand, areas of housing, buildings and areas frequented by the public, transport routes important insofar as it is possible, recreational areas and areas with particular natural interest or of a particularly sensitive nature, and, for existing establishments, of the need for technical measures in accordance with article 7 in order not to increase the risks to people. ».
S. 16. the following changes are made by section 25 of the same agreement of cooperation: has) § 1, first subparagraph is replaced by the following subparagraph: "§ l.". Immediately after receipt of reports of security coordination service shall forward a copy of each report of security: 1 ° to assessment services;
2 ° to the competent inspection services;
3 ° the competent Governor of province;
4 ° to the competent Mayor.;
(b) in § 4, the following paragraph is inserted between paragraphs 2 and 3: 'For safety reports introduced in accordance with article 12, § 3, 4 °, 5 ° and 6 °, the coordination service informs the conclusions to the operator within a period of nine months.';
(c) § 4 is completed with the following paragraph: "the coordination service transmits for information the conclusions and amendments and additions requested from the competent inspection services.";
d) § 6, second paragraph is replaced by the following paragraph: 'In the case of a new establishment, a new period of 60 days begins as soon as the operator introduced the safety report amended or supplemented with the coordination service.';
(e) § 6 is completed with the following paragraph: "In other cases, the suitable safety report is examined within a period determined by the coordination of at least 60 business days service.";
(f) in section 7 the words "Het termijn" in the Dutch text shall be replaced by the words 'het termijnen '.
S. 17. in article 26bis of the same cooperation agreement, the words «Direction».

General of Civil Protection of the federal Ministry of the Interior"shall be replaced by the words"the security civil du Service Public Federal Interior branch.
S. 18. in article 27, § 2 of the same cooperation agreement, the words "Federal Ministry of employment and labour" are replaced by the words "Service Public Fédéral Emploi, Travail et Concertation Sociale".
S. (19A article 28 of the agreement of cooperation, the following changes are made: a) the french text of § 2, 2 °, first paragraph is replaced by the following paragraph: "2 ° after each inspection, an inspection report is established by the inspection service concerned; a copy of this report is transmitted to the other inspection services as part of 1' team inspection. »;
(b) in the last paragraph, "§ 2" shall be replaced by the words "§ 3.
S. 20. A article 31 of the agreement of cooperation, the following changes are made: has) in the first paragraph, the words "fine of 1,000 francs to 1,000,000 francs ' are replaced by the words"fine of EUR 1,000 to 1,000,000 euros. "
(b) the second subparagraph is replaced by the following subparagraph: "the administrative fines applicable to certain social law infringements Act of June 30, 1971 is cited offences. An administrative penalty of EUR 50 to 1,250 euros may be imposed by the competent official of the Service Public Fédéral Emploi, Travail et Concertation Sociale, designated in pursuance of this Act and in accordance with the procedure laid down in this law. ».
S. 21. in article 31, paragraph 1, 5 ° of the same cooperation agreement, the words ' 19, § 1 "are replaced by the words" 20, § 1.
S. 22. the article 35 of the agreement of cooperation, the following changes are made: has) in the § 1, the following indent is added before the first indent: "-ensure uniform application throughout the Belgium of the present cooperation agreement ';
(b) § 1 is supplemented by: '-the coordination of the communication to the Commission of the European Community, the name, the address and the activity of establishments referred to in article 3, § 1, second and third subparagraph. ';
(c) in § 5, "the Department of employment and labour" shall be replaced by "the federal public Service employment, labour and social dialogue".
S. 23. Annex Ire of the same cooperation agreement is replaced by the annex to this agreement of cooperation.
S.
(24A annex II to the agreement of cooperation, the following changes are made: a) the IV, (b) is replaced by the following provision: "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. , subject to the provisions of article 14; »;
b) IV, C, is replaced in the Dutch text, with the following provision: «IE Beschrijving van de technische parameters in Kan die van belang zijn voor de veiligheid van de installaties van.»;
c) V, is replaced in the french text by the following provision: «A. Description of the equipment installed to limit the consequences of major accidents;».
S. 25. in annex VI to the agreement of cooperation in the french text, the words "the provisions of article 12, § 6, ' shall be replaced by the words"to the provisions of article 12 § § 5 5'.
S. 26. the title of annex VII to the agreement of cooperation in the Dutch text is replaced by the following heading: 'na OMSCHRIJVINGEN VAN DE COORDINATIEBEVOEGDHEID VERVAT IN ARTIKEL 27, § 2.
S. 27. in annex VII, d) of the cooperation agreement, the word 'evolution' is replaced, in the french text, the word "assessment".
Done at Brussels, 1 June 2006 in 4 originals.
For the federal State: the Ministers of the Interior, economy, environment and labour, P. DEWAEL; MR VERWILGHEN; B. TOBBACK; P. VANVELTHOVEN for the Flemish Region: the Minister - President of the Flemish Government, Y. LETERME the Flemish ministers of finance and the Budget and the planning and public works, energy, the environment and Nature, D. VAN MECHELEN; K. PEETERS for the Walloon Region: Minister - President of the Walloon Government, E. DI RUPO the Walloon Housing Ministers, transport and territorial development and Agriculture, rurality, environment and tourism A. ANTOINE B. LUTGEN for the Brussels - Capital Region: the Minister-President of the Government of the Brussels-Capital Region, in charge of local authorities, of the planning Monuments and Sites, urban renewal, housing, public cleanliness and the Cooperation to the development, c.
PICQUÉ Minister of the Government of the Brussels-Capital Region, responsible for environmental and energy policy of the water and the Secretary of State to the Brussels-Capital Region, responsible for housing and urbanism, E. HUYTEBROECK, F. DUPUIS annex SUBSTANCES DANGEREUSES INTRODUCTION 1. This annex concerning the presence of hazardous substances in an establishment within the meaning of article 3 of the agreement of cooperation and determines the application of its articles.
2. mixtures and preparations shall be assimilated to the pure substances provided that they meet the concentration limits set on the basis of their properties in the European directive on the subject identified in part 2 note 1, or their latest adaptation to technical progress, unless a percentage composition or other description is specifically given.
3. the threshold quantities set out below are per establishment.
4. the quantities to be taken into account for the purposes of articles are the maximum quantities which are present or are likely to be present at any time. Dangerous substances which are not in an institution that in quantities equal to or less than 2% of the amount specified threshold are not taken into account in the calculation of the total amount present if their location within the institution is such that it can trigger a major accident elsewhere on the site, or it can increase the consequences of an accident.
5. the data rules in part 2 note 4 governing the addition of dangerous substances or categories of dangerous substances shall, as appropriate, apply.
6. for the purposes of this agreement of cooperation, gas means any substance whose absolute vapour pressure is equal to or greater than 101,3 kPa at a temperature of 20 ° C.
7. for the purposes of this agreement of cooperation, means liquid, any substance that is not defined as being a gas and that is not in the solid state at a temperature of 20 ° C and at a standard pressure of 101.3 kPa.
Part 1 Substances where a substance or group of substances listed in part 1 survey (nt) also a category of part 2, the threshold quantities to be taken into consideration are those indicated in part 1.
For the consultation of the table, see image _ note's 1.
Ammonium nitrate (5 000 / 10 000): fertilizer susceptible to a self-sustaining decomposition this applies to ammonium nitrate-based compound/composite fertilisers (a composite fertilizer contains ammonium nitrate with the phosphate and/or of potash) in which due to ammonium nitrate nitrogen content is - between 15,75% (1) and 24,5% (2) by weight, and which contain up to 0.4% combustible/organic materials in total either comply with the conditions of annex III of the regulation 2003/2003/EC,-of 15,75% (3) by weight or less and unrestricted combustible material, and are likely to undergo decomposition self-sustaining troughed test defined in the context of the Organization of the United Nations (UN) (see the United Nations recommendations on the transport of dangerous goods: "Manual of Tests and Criteria, part III, subsection 38.2).
(2 ammonium nitrate (1 250 / 5 000): fertilizer) this applies to the fertilizers ammonium nitrate-based fertilizers ammonium nitrate-based compound in which the nitrogen content in ammonium nitrate is - more than 24,5% by weight, except for mixtures of ammonium nitrate 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 of sulfate ammonium, - more than 28% (4) by weight for mixtures of ammonium nitrate with dolomite, limestone and/or calcium carbonate with a purity of at least 90%, and which satisfy the conditions of annex III of Regulation 2003/2003/EC.
3. ammonium nitrate (350/2 500): technical quality this applies:-nitrate of ammonium and the preparations of ammonium nitrate in which 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 - aqueous solutions of ammonium nitrate in which the concentration of ammonium nitrate is more than 80% by weight.
4.

Ammonium nitrate (10/50): 'off-specs' (excluding specifications) material and fertilizer does not meet the test of resistance to detonation it applies:-material rejected during the manufacturing process, to the ammonium nitrate to the preparations made from ammonium nitrate to fertilizers made from ammonium nitrate and fertilisers referred to in notes 2 and 3 ammonium nitrate-based compound , which are or have been returned by the final user to a manufacturer, installation of temporary storage or a reprocessing plant to undergo a new process, a recycling or treatment to be used safely, because they do more meet the requirements of notes 2 and 3,-fertilisers referred to in note 1 , first indent, and note 2 which do not comply with the conditions of annex III of Regulation 2003/2003/EC.
5. potassium nitrate (5 000 / 10 000) this applies to potassium nitrate-based compound/composite fertilisers composed of potassium nitrate in the form of granules and microbodies, insofar as these fertilizers have dangerous properties in accordance with the criteria of part 2.
6. potassium nitrate (1 250 / 5 000): This applies to potassium nitrate-based compound/composite fertilisers consisting of nitrate potassium crystalline, provided that these fertilizers have dangerous properties in accordance with the criteria of part 2.
7 Polychlorodibenzofurans and polychlorodibenzodioxins the quantities of polychlorinated dibenzofurans and polychlorinated dibenzodioxins are calculated using the following weighting factors: for consultation table, see image (1) a nitrogen content of 15.75% by weight due to ammonium nitrate corresponds to 45% ammonium nitrate.
(2) a nitrogen content of 24.5% by weight due to ammonium nitrate corresponds to 70% ammonium nitrate.
(3) a nitrogen content of 15.75% by weight due to ammonium nitrate corresponds to 45% ammonium nitrate.
(4) a nitrogen content of 28% by weight due to ammonium nitrate corresponds to 80% ammonium nitrate.

Part 2 Categories of substances and preparations not specifically named in part 1 for the consultation of the table, see image _ note's 1. Substances and preparations are classified according to the decrees transposing the following directives and their current adaptation to technical progress:-Directive 67/548 / EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances-Directive 1999/45 / EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws law, regulation or administrative action in the Member States relating to the classification, packaging and labelling of dangerous preparations.
In the case of substances and preparations which are not classified as dangerous according to either of the above directives, for example waste, but which, nevertheless, are or are likely to find in an establishment and which possess or are likely to possess, under the conditions prevailing in the establishment, equivalent properties in terms of major-accident potential the provisional classification procedures are followed pursuant to governing the matter in the valid directive on the matter.
In the case of substances and preparations with properties giving rise to multiple classifications, applies for the purposes of this agreement of cooperation, the lowest qualifying quantities. However, for the purposes of the application of the rule set out in note 4, the quantity used threshold will always be that corresponding to the classification concerned.
2. by explosive means: has) a substance or preparation which creates the risk of explosion by shock, friction, fire or other sources of ignition (risk phrase R2);
(b) a substance or preparation which creates extreme risks of explosion by shock, friction, fire or other sources of ignition (risk R3 phrase); or (c) a substance, a preparation or an object covered by class 1 of the European Agreement concerning the carriage of dangerous goods by road (ADR Agreement), concluded on 30 September 1957, as amended, as transposed by directive 94/55/EC of the Council of 21 November 1994 on the approximation of the laws of the Member States concerning the carriage of dangerous goods by road.
This definition includes pyrotechnic substances, which, for the purposes of the present cooperation agreement, are defined as substances (or mixtures of substances) designated to produce heat, light, sound, gas or smoke or a combination of such effects through result exothermic chemical reactions. Where a substance or a preparation is the subject of a classification under the ADR Agreement and the assignment of a risk R2 or R3 phrase, the classification under any of the ADR Agreement takes precedence over the allocation of the risk phrase.
Substances and articles of class 1 are classified in any of the divisions 1.1 to 1.6 in accordance with the system of classification of the ADR Agreement. The divisions concerned are as follows:-Division 1.1: 'substances and articles having a mass explosion hazard. (Explosion mass is an explosion which affects the entire load virtually instantaneously). » - Division 1.2: 'substances and articles with a projection hazard but not mass explosion hazard. » - Division 1.3: "(materials and objects including a fire hazard with a slight risk of blast or projection or the other, but without the risk of mass explosion: i) (including combustion gives rise to considerable thermal radiation, or ii) which burn one after the other with minor blast or projection effects or one and the other.» » - Division 1.4: "substances and objects present only a slight risk in the event to fire or initiation during transport." The effects are basically limited to the package and do not give rise normally in the projection of fragments of significant size or at a significant distance. An external fire shall not cause virtually instantaneous explosion of almost all of the contents of the package. » - Division 1.5: "materials very insensitive with a mass explosion hazard which the sensitivity is such that, under normal conditions of transport, there is very little probability of initiation or of transition from burning to detonation. '' The minimum requirement is that they must not explode in the external fire test. » - Division 1.6: "objects extremely insensitive with no mass explosion hazard. '. These articles contain only detonating substances extremely insensitive and demonstrate a negligible probability of initiation or of accidental spread. The risk is limited to the explosion of a single article. "This definition includes, in addition, substances or explosive or pyrotechnic formulations contained in objects. In the case of articles containing substances or explosive or pyrotechnic preparations, if the quantity of the substance or preparation contained in this object is known, it must be taken into account for the purposes of the present agreement of cooperation. If the quantity is not known, the entire object is considered to be explosive for the purposes of the present agreement of cooperation.
3. substances flammable, easily flammable and extremely flammable (categories 6, 7 and 8), means: a) flammable liquids: substances and preparations which have a flash point is equal or greater than 21 ° c and less than or equal to 55 ° c (risk R10 phrase), supporting combustion;
(b) highly flammable liquids: 1)-substances and preparations which may become hot and finally ignite in contact with air at ambient temperature without energy supply (risk R 17 phrase);
-substances whose flash point lower than 55 ° c and which remain liquid under pressure, where particular operating conditions, e.g. high pressure or high temperature, may create major-accident hazards;
(2) substances and preparations having a flash point below 21 ° c and which are not extremely flammable (risk phrase R 11 second indent);
c) of gases and extremely flammable liquids: 1) substances and liquid preparations which have a flash point below 0 ° C and which boiling (or, in the case of a domain of boil, the initial boiling point) point, the pressure normal, less than or equal to 35 ° C (risk phrase R12 first indent), and 2) gases which are flammable in contact with air temperature and ambient pressure (risk R12 phrases second Indent), which are in a gaseous or supercritical, and 3 State) of substances and flammable and highly flammable liquid preparations maintained at a temperature above their boiling point.

4. in the case of an establishment where there is no substance or individual preparation in quantities exceeding or equal to threshold established for these substances or preparations quantities, the following rule is applied to determine if the establishment is subject to the requirements of the present cooperation agreement:-the establishment referred to in article 3, § 1, third paragraph, when the sum of fractions q1/Q ' 1 + q2/Q ' 2 + q3/Q ' 3 +... => 1 ,

-the institution is referred to in article 3, § 1, second paragraph, when the sum of the fractions q1/Q ' 1 + q2/Q '2 + q3/Q' 3 +... => 1, where QX = the quantity of a substance or preparation which is dangerous x falling within parts 1 or 2 of this annex, Q'x the threshold quantity set out in column 2 and Q "x the threshold quantity set out in column 3 of parts 1 and 2 of this annex for the substance x concerned.
This rule should be used to assess the overall hazards related to toxicity, flammability and ecotoxicity. It must therefore be applied three times, namely: a) to the sum of substances and preparations named in part 1 and classified as toxic or very toxic, together with substances and preparations of categories 1 or 2;
(b) to the sum of the substances and preparations designated in part 1 and classified as oxidising, explosive, flammable, highly flammable or extremely flammable substances and preparations of categories 3, 4, 5, 6, 7A, 7B or 8;
c) to make the sum of substances and preparations named in part 1 and classified as dangerous for the environment [R50 (including R50/53) or R51/53], with substances and preparations of categories 9, item i), or 9, item ii).
The relevant provisions of this cooperation agreement apply when the amount obtained in one of three cases is greater than or equal to 1.
When substances or non-designated preparations are both dangerous characters from several additive categories, the divisor to consider is the lowest threshold for the substance.
When substances or preparations present both dangerous characters from several non-additive categories, separate additions will be made, each corresponding to one of the categories.
When a designated substance is added to substances not designated, the divider relative to the amount of controlled substance is the quantity threshold listed in the 1st part.

Done at Brussels, 1 June 2006 in 4 originals.
For the federal State: the Ministers of the Interior, economy, environment and labour, P. DEWAEL; MR VERWILGHEN; B. TOBBACK; P. VANVELTHOVEN for the Flemish Region: the Minister - President of the Flemish Government, Y. LETERME the Flemish ministers of finance and the Budget and planning of the territory and public works, energy, the environment and Nature, D. VAN MECHELEN, K. PEETERS for the Walloon Region: Minister - President of the Walloon Government, E. DI RUPO the Walloon Housing Ministers, transport and territorial development and Agriculture rural development, environment and tourism, A. ANTOINE; B. LUTGEN for the Brussels-Capital Region: the Minister-President of the Government of the Brussels-Capital Region, responsible for local authorities, the development of the territory, of Monuments and Sites, urban renewal, housing, public cleanliness and the Development Cooperation, c. PICQUÉ the Minister of the Government of the Brussels-Capital Region, responsible for environment, energy and water policy and the Secretary of State to the Brussels-Capital Region responsible for housing and urban development, E. HUYTEBROECK; F. DUPUIS