2 MARCH 2007. - Assent to the cooperation agreement of 1^er 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, the Walloon Region and the Brussels-Capital Region concerning the control of the dangers associated with major accidents involving dangerous substances (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. It is assented to the cooperation agreement of 1^er 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, the Walloon Region and the Brussels-Capital Region concerning the control of the dangers associated with major accidents involving dangerous substances.
Promulgate this Act, order that it be put on the State Seal and published by the Belgian Monitor.
Given in Brussels, 2 March 2007.
By the King:
Minister of Employment,
P. VANVELTHOVEN
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Documents of the Senate. - 3-1820 - 2005/2006: No. 1: Bill. - Number two: Report.
Annales. - 7 December 2006.
Documents of the House of Representatives. - 51- 2798 - 2006/2007: 001: Project transmitted by the Senate (without report). - 002: Text adopted in plenary and subject to Royal Assent.
See also:
Full report. - 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 concerning the control of the dangers associated with major accidents involving hazardous substances
Having regard to Directive 2003/105/EC of the European Parliament and the Council of 16 December 2003 amending Council Directive 96/82/EC on the control of hazards associated with major accidents involving hazardous substances;
Considering Opinion No. 2005/37 of 27 October 2005 of "Sociaal-Economische Raad van Vlaanderen" and "Middle-in-Natuurraad van Vlaanderen";
Considering Opinion No. 1.539 of 21 December 2005 of the National Labour Council;
Considering that according to Article 2 of the above-mentioned Directive 2003/105/EC, the Member States shall bring into force the necessary legislative and administrative provisions to comply with it before 1^er July 2005;
The Federal State, represented by the Minister of the Interior, the Minister of 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 Budget and Planning of the Territory and the Flemish Minister of Public Works, Energy, Environment and Nature;
The Walloon Region, represented by the Walloon Government in the person of its Minister-President and 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 Government of Brussels-Capital in the person of its Minister-President, responsible for the Local Authorities, the Planning of the Territory, the Monuments and Sites, the Urban Renovation, the Housing, the Public Cleanliness and the Development Cooperation, in the person of the Minister responsible for the Environment, the Energy and the Policy of the Water and the Secretary
Let us agree that:
Artikel 1. In Article 4 of the Agreement on Cooperation of 21 June 1999 between the Federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region on the Control of Hazards related to Major Accidents involving Hazardous Substances, the following amendments are made:
(a) in the 3° French text, the words "for the application of this agreement, to an existing institution" are replaced by the words "for the application of this agreement, to a new institution";
(b) in the 12th, the words "of the security report" are replaced by the words "of the security report and notification".
Art. 2. Article 5 of the same cooperation agreement shall be amended as follows:
(a) in § 2, 4°, the words "Federal Ministry of Employment and Labour" are replaced by the words "Federal Public Service Employment, Labour and Social Concertation" and the words "Federal Ministry of Economic Affairs" by the words "Federal Public Service Economy, SMEs, Middle Class and Energy";
(b) in § 2, 5°, the words "civil protection" are replaced by the words "civil security" and the words "Federal Interior Ministry" by the words "Federal Interior Public Service";
c) in § 3, 4° the words "Federal Ministry of Employment and Labour" are replaced by the words "Federal Public Service Employment, Labour and Social Concertation" and the words "Federal Ministry of Economic Affairs" by the words "Federal Public Service Economy, SMEs, Middle Class and Energy".
Art. 3. In Article 6 of the same cooperation agreement, the following amendments are made:
(a) the 5th is replaced by the following provision:
"5° the exploitation (prospecting, extraction and processing) of minerals in mines, quarries or through drilling, with the exception of chemical and thermal treatment operations and storage related to these operations that result in the presence of hazardous substances as defined in Appendix I^re; »
(b) the 6th is replaced by the following provision:
"6° offshore exploration and exploitation of minerals, including hydrocarbons; »;
(c) the item is completed as follows:
"7° waste discharges, with the exception of sterile disposal facilities, including sterile decanting basins, which contain hazardous substances as defined in Appendix I^reparticularly when used in relation to chemical and thermal treatment of minerals. "
Art. 4. Article 8 of the same cooperation agreement shall be amended as follows:
(a) § 1^er, 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 to operate the establishment or modification or extension of an establishment referred to in section 4, 3°; »
(b) § 1^er, 3° is replaced by the following provision:
"3° in the case of establishments that are required to submit a notification following a change in the scope of the cooperation agreement, in particular as a result of an amendment to the classification of hazardous substances: no later than three months from the date on which this cooperation agreement applies to the establishment concerned, as provided for in Article 3, § 1^er.
(c) § 2 is replaced by the following provision:
“§2. The notification provided in § 1^er contains the following information:
1° the name or social reason of the operator, as well as the full address of the establishment concerned;
2° the operator's seat with the full address;
3° the name or function of the person in charge of the establishment, if that is a person other than that referred to in point 1°;
4° information to identify hazardous substances or the category of hazardous substances involved;
5° the quantity and physical form of the hazardous substance(s) involved;
6° the activity carried out or planned in the facility or on the storage area;
7° the immediate environment of the establishment, being the elements likely to cause a major accident or worsen its consequences. »;
(d) § 4 is replaced by the following provision:
“§4. The notification is transmitted by the operator to the coordination service in eight copies. If necessary, this number is increased at the request of the coordination service. With the agreement of the coordination service, the notification can be made in a digital form following the formalities determined by it. »;
(e) § 5, 2° is replaced by the following provision:
2° in the event of a modification of an establishment or facility that could have a significant impact on major accident risks; »;
(f) § 5 is completed as follows:
"3° in case of a permanent closure of the establishment. "
(g) § 6 is replaced by the following provision:
“§ 6. The coordination service shall transmit the notifications referred to in § 1^er the assessment services, the competent inspection services, the competent provincial governor and the competent mayor. »
Art. 5. Article 9 of the same cooperation agreement is supplemented by the following paragraph:
“§4. In the case of establishments to prepare the document referred to in § 1^er following an amendment to the scope of the cooperation agreement, in particular as a result of an amendment to the classification of hazardous substances, the document is drawn up within three months of the date on which this cooperation agreement applies to the establishment concerned, as provided for in Article 3, § 1^er. »
Art. 6. In Article 10, § 2 of the same cooperation agreement are made the following amendments:
(a) The 1st is completed as follows:
"(e) the involvement of subcontracting staff working in the facility; »;
(b) The 5th is replaced by the following:
"5° emergency planning: the management of procedures to systematically identify foreseeable emergency situations, to develop, test and review contingency plans, and to provide staff, including relevant subcontracting personnel, with the necessary training, in order to cope with such emergencies; "
Art. 7. Article 12 of the same cooperation agreement shall be amended as follows:
(a) § 2 is replaced by the following provision:
“§2. The security report contains at least the data and information listed in Appendix II. It identifies the names of the relevant organizations involved in the preparation of the report. It also contains the current inventory of hazardous substances in the facility. »;
(b) In § 3, the first paragraph is replaced by the following provision:
"1° for new establishments: no later than three months before the commencement of operation of the establishment or modification or extension of an establishment referred to in section 4, 3°;
(c) In § 3, the first paragraph is replaced by the following provision:
"4° without delay after the periodic revisions provided for in § 4; »;
(d) In § 3, the first paragraph is replaced by the following provision:
"5° for establishments to prepare a safety report following an amendment to the scope of the cooperation agreement, in particular as a result of an amendment to the classification of hazardous substances: in the year following the date on which this cooperation agreement applies to the establishment concerned, as provided for in Article 3, § 1^er; »
(e) § 3, first paragraph is supplemented by:
6° for establishments referred to in Article 3, § 1^er, third paragraph, which must for the first time draft a security report following an amendment or extension: before the commencement of the operation of the amendment or extension. »;
(f) § 3, second paragraph is replaced by the following provision:
"The security 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 coordination service, it can be presented in a digital format according to the modalities to be determined by it. "
Art. 8. Article 14, paragraph 1^er the same cooperation agreement shall be replaced by the following paragraph:
"The security report, including the list referred to in Article 12 § 2, may be consulted by the public at the coordination service. The operator may request the coordination service not to make certain parts of the report and the list public under the confidential nature of certain industrial, commercial or personal data. The coordination department may decide that certain parts of the report and the list may not be made public for the reasons listed above or for reasons of State security, sabotage prevention or national defence. »
Art. 9. ÷ Article 15 of the same cooperation agreement shall be amended as follows:
(a) § 2, 1° is replaced by the following provision:
"1° for new establishments: before the commencement of operation of the establishment or modification or extension of an establishment referred to in section 4, 3°; »;
(b) § 2, 4° is replaced by the following provision:
"4° for establishments that need to develop an internal emergency plan following an amendment to the scope of the cooperation agreement, in particular as a result of an amendment to the classification of hazardous substances: within one year after the date on which this cooperation agreement applies to the establishment concerned, as provided for in Article 3, § 1^er.
(c) § 3 is supplemented by the following paragraph:
"The operator also consults the relevant subcontracting staff working on the site in the long term when developing the internal emergency plan. "
Art. 10. Article 17 of the same cooperation agreement shall be amended as follows:
(a) In § 1^er, first paragraph, the words "civil protection" are replaced by the words "civil security";
(b) In § 2, second paragraph, the words "civil protection" are replaced by the words "civil security";
(c) § 3 is replaced by the following provision:
“§3. The competent Minister for Civil Security shall ensure that the public is consulted in the definition or updating of external contingency plans, in accordance with his instructions. This consultation implies that the public may make comments within a reasonable period of time and that such comments are considered. »;
(d) In § 4, first and second paragraph, the words "civil protection" are replaced by the words "civil security";
(e) The article is supplemented by the following paragraph:
Ҥ 5. The competent Minister for Civil Security ensures that, with regard to external contingency plans, the need to facilitate greater cooperation between European Member States in the field of civil protection relief in the event of a major disaster is taken into account. "
Art. 11. In Article 19 of the same Cooperation Agreement, the following amendments are made:
(a) § 1^erfirst paragraph shall be replaced by the following provision:
“§1. The Minister, competent for civil safety, or his or her delegate, shall ensure that information on the safety measures to be taken and the conduct to be taken in the event of a major accident is provided on a regular basis in the most appropriate form, to all persons and institutions hosting the public that may be affected by a major accident occurring in an establishment referred to in section 12. »;
(b) In § 3 the words "civil protection" are replaced by the words "civil security".
Art. 12. In Article 20 of the same cooperation agreement, § 2 is replaced by:
Ҥ2. If the major accident or uncontrolled event requires a coordinated response from relief and response services, the external emergency plan is triggered and implemented in accordance with civil protection legislation and the relevant Minister's instructions on civil safety. "
Art. 13. In Article 11, § 2, 2°, Article 16, Article 18, paragraph 1^erArticle 21, third paragraph and Article 22, § 2, of the same cooperation agreement, the words "civil protection" are replaced each time by the words "civil security".
Art. 14. In Article 23 of the same cooperation agreement, § 2, paragraph 1^er is replaced by:
Ҥ2. As soon as the information provided for in Article 22 has been collected, the competent inspection team shall inform the Commission of the European Community of the results of its analysis and shall inform the Commission of its recommendations by means of the form provided for in this matter. "
Art. 15. Article 24, § 1^er, paragraph 2 of the same cooperation agreement is replaced by the following paragraph:
"The Regions shall ensure that their policy regarding the allocation or use of the land or other relevant policies and the procedures for the implementation of these policies shall take into account the need, in the long term, to maintain appropriate distances between, on the one hand, the establishments covered by this Agreement and, on the other hand, the areas of housing, buildings and areas frequented by the public, the means of transport important to "
Art. 16. In Article 25 of the same cooperation agreement, the following amendments are made:
(a) § 1, first paragraph is replaced by the following paragraph:
Ҥ l. The Coordination Service shall, immediately after receipt of the security reports, transmit a copy of each security report:
1° to evaluation services;
2° to competent inspection services;
3° to the competent provincial governor;
4° in the competent village;
(b) In § 4, the following paragraph is inserted between paragraphs 2 and 3:
"For safety reports introduced pursuant to Article 12, § 3, 4°, 5° and 6°, the co-ordinating service makes the conclusions known to the operator within nine months. »;
(c) § 4 is completed with the following paragraph:
"The coordination service shall provide for information the conclusions and modifications and supplements requested to the relevant inspection services. »;
(d) § 6, second paragraph is replaced by the following paragraph:
"In the case of a new establishment, a new 60-day business period will take place as soon as the operator has introduced the modified or completed safety report to the coordination service. »;
(e) § 6 is completed with the following paragraph:
"In other cases, the appropriate security report is reviewed within a period determined by the coordination service of at least 60 working days. »;
(f) in § 7 the words "dezelfde termijn" in the Dutch text are replaced by the words "dezelfde termijnen".
Art. 17. In article 26bis of the same cooperation agreement, the words "General Directorate of Civil Protection of the Federal Ministry of the Interior" are replaced by the words "General Directorate of Civil Security of the Federal Interior Public Service".
Art. 18. In Article 27, § 2 of the same cooperation agreement, the words "Federal Ministry of Employment and Labour" are replaced by the words "Federal Public Service Employment, Labour and Social Concertation".
Art. 19. Article 28 of the same cooperation agreement shall be amended as follows:
(a) The French text of § 2, 2°, first paragraph is replaced by the following provision:
"2° after each inspection, an inspection report is prepared by the inspection service concerned; a copy of this report is forwarded to other inspection services as part of an inspection team. »;
(b) In the last paragraph, the words "§2" are replaced by the words "§3".
Art. 20. In Article 31 of the same cooperation agreement, the following amendments are made:
(a) in the first paragraph, the words "a fine of 1,000 francs to 1,000,000 francs" are replaced by the words "a fine of 1,000 euros to 1,000,000 euros";
(b) the second paragraph shall be replaced by the following paragraph:
"The Act of 30 June 1971 on administrative fines applicable in cases of violation of certain social laws is applicable to the offences cited. An administrative fine of 50 euros to 1.250 euros may be imposed by the competent official of the Federal Public Service Employment, Labour and Social Concertation, designated in accordance with this law and in accordance with the procedure referred to in this law. "
Art. 21. In section 31, paragraph 1^er5° of the same cooperation agreement, the words "19, § 1^er are replaced by the words "20, § 1^er "
Art. 22. In Article 35 of the same cooperation agreement, the following amendments are made:
(a) in § 1^er, the following dash is added before the first dash:
“to ensure uniform application throughout the territory of Belgium of this cooperation agreement; »;
(b) § 1^er is completed by:
" - the coordination of communication to the Commission of the European Community, the name, address and activity of the institutions referred to in Article 3, § 1^ersecond and third subparagraph. »;
(c) in § 5, the words "the Ministry of Employment and Labour" are replaced by "the Federal Public Service Employment, Labour and Social Concertation".
Art. 23. Appendix I^re the same cooperation agreement shall be replaced by the annex to this cooperation agreement.
Art. 24. The following amendments are made to Appendix II of the same cooperation agreement:
(a) 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, where applicable, equivalent descriptions showing areas likely to be affected by such accidents involving the establishment, subject to the provisions of section 14; »;
(b) IV, C, is replaced in the Dutch text by the following provision:
"C. Beschrijving van de technische parameters en van de uitrusting die van belang zijn voor de veiligheid van de installaties. »;
(c) The V, A is replaced in the French text by the following provision:
"A. Description of equipment installed to limit the consequences of major accidents; "
Art. 25. In Annex VI of the same cooperation agreement, in the French text, the words "to the provisions of Article 12, § 6" are replaced by the words "to the provisions of Article 12, § 5. "
Art. 26. The title of Appendix VII to the same cooperation agreement is replaced in the Dutch text by the following title:
"WHOCHRIJVING VAN DE COORDINATIEBEVOEGDHEID VERVAT IN ARTIKEL 27, § 2".
Art. 27. In Annex VII, (d) of the same cooperation agreement, the word "evolution" is replaced, in the French text, by the word "evaluation".
Done in Brussels, 1^er June 2006 in 4 original copies.
For the federal state:
The Ministers of the Interior,
Economics, Environment and Labour,
P. DEWAEL; Mr. VERWILGHEN; B. TOBBACK; P. VANVELTHOVEN
For the Flemish Region:
The Minister-President of the Flemish Government,
Y. LETERME
Flemish Ministers of Finance and Budget and Planning of the Territory and Public Works, Energy, Environment and Nature,
D. VAN MECHELEN; K. PEETERS
For the Walloon Region:
Minister-President of the Walloon Government,
E. DI RUPO
Walloon Ministers of Housing, 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, responsible for the Local Authorities, the Land Planning, Monuments and Sites, Urban Renovation, Housing, Public Cleanliness and Development Cooperation,
Ch. PICQUE
The Minister of the Government of the Brussels-Capital Region, responsible for the Environment, Energy and the Water Policy and the Secretary of State in the Brussels-Capital Region, responsible for Housing and Urbanism,
E. HUYTEBROECK, F. DUPUIS

Annex
SUBSTANCES DANGEREUSES
INTRODUCTION
1. This Annex concerns the presence of hazardous substances in an establishment within the meaning of Article 3 of this Cooperation Agreement and determines the application of its Articles.
2. Mixtures and preparations are assimilated to pure substances as long as they conform to the concentration limits fixed according to their properties in the European Directive in the matter given in Part 2 Note 1 or their last adaptations to technical progress, unless a percentage composition or other description is specifically given.
3. The threshold quantities listed below are defined by establishment.
4. The quantities that must be considered for the application of the articles are the maximum quantities that are present or are likely to be present at any time. Hazardous substances that are found in an establishment only in quantities equal to or less than 2% of the specified threshold quantity are not considered in the calculation of the total quantity present if their location within the establishment is such that it cannot trigger a major accident elsewhere on the site or that it cannot increase the consequences of an accident.
5. The rules in Part 2 note 4 that govern the addition of hazardous substances or categories of hazardous substances are, if applicable, applicable.
6. For the purposes of this cooperation agreement, 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 cooperation agreement, liquid means any substance that is not defined as a gas and is not in a solid state at a temperature of 20 °C and at a normal pressure of 101.3 kPa.
PART 1
Designated substances
Where a substance or group of substances in Part 1 is also classified in Part 2, the threshold quantities to be considered are those listed in Part 1.
For the consultation of the table, see image
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Notea's
1. Ammonium nitrate (5,000/10 000): fertilizers likely to be decomposed
This applies to fertilizer compounds based on ammonium nitrate (a compound fertilizer contains ammonium nitrate with phosphate and/or potash) in which the nitrogen content due to ammonium nitrate is
- between 15.75 per cent (1) and 24.5% (2) by weight and containing not more than 0.4 per cent of total organic/fuel material or meeting the requirements of Schedule III to Regulation 2003/2003/EC,
- 15.75% (3) by weight or less and without limitation of fuel content,
which are likely to be decomposed to a self-sustained decomposition according to the auge test as defined in the United Nations (UN) (see UN Recommendations on the Transport of Dangerous Goods: " Manual of Tests and Criteria", part III, sub-section 38.2).
2. Ammonium nitrate (1 250/5 000): fertilizer formula )
This applies to single fertilisers based on ammonium nitrate and fertilizer compounds based on ammonium nitrate in which the nitrogen content due to ammonium nitrate is
- greater than 24.5% by weight, with the exception of ammonium nitrate mixtures with dolomite, limestone and/or calcium carbonate, whose purity is at least 90%,
- greater than 15.75 % by weight for ammonium nitrate and ammonium sulfate mixtures,
- greater than 28% (4) by weight for mixtures of ammonium nitrate with dolomite, limestone and/or calcium carbonate, whose purity is at least 90%,
meeting the requirements of Schedule III to Regulation 2003/2003/EC.
3. Ammonium nitrate (350/2 500): technical quality
This applies:
- ammonium nitrate and ammonium nitrate based preparations in which the nitrogen content due to ammonium nitrate is:
- between 24.5% and 28% by weight and containing not more than 0.4% of fuel substances,
- more than 28% by weight and containing not more than 0.2% of fuel substances,
- aqueous ammonium nitrate solutions in which ammonium nitrate concentration is above 80% by weight.
4. Ammonium nitrate (10/50): "off-specs" (excluding specifications) and fertilizer not satisfying the detonability test
This applies:
- the materials rejected during the manufacturing process, ammonium nitrate and ammonium nitrate preparations, simple fertilisers based on ammonium nitrate and fertilisers made of ammonium nitrate referred to in notes 2 and 3, which are or have been returned by the end user to a manufacturer, temporary storage facility or to a reprocessing plant for
- the fertilizers referred to in footnote 1, first dash, and footnote 2, which do not meet the requirements of Schedule III to Regulation 2003/2003/EC.
5. Potassium nitrate (5,000/10 000)
This applies to fertilizers consisting of potassium nitrate consisting of potassium nitrate in the form of granules and microgranules, provided that these fertilizers have dangerous properties in accordance with the criteria of Part 2.
6. Potassium nitrate (1,250/5000):
This applies to fertilizers consisting of potassium nitrate consisting of potassium nitrate in crystalline form, provided that these fertilizers have hazardous properties in accordance with the criteria of Part 2.
7. Polychlorodibenzofurans and polychlorodibenzodioxins
The quantities of polychlorodibenzofurans and polychlorodibenzodioxins are calculated using the following weighting factors:
For the consultation of the 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 designated in Part 1
For the consultation of the table, see image
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Notea's
1. Substances and preparations are classified in accordance with the following orders and their current adaptation to technical progress:
- Council Directive 67/548/EEC of 27 June 1967 on the approximation of legislative, regulatory and administrative provisions relating to the classification, packaging and labelling of hazardous substances,
- Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 on the approximation of the legislative, regulatory and administrative provisions of the Member States relating to the classification, packaging and labelling of hazardous preparations.
In the case of substances and preparations that are not classified as hazardous in accordance with one of the above-mentioned guidelines, for example wastes, but which, nevertheless, are or are likely to be in an establishment and which possess or are likely to possess, under the conditions prevailing in the establishment, equivalent properties in terms of potential of major accidents, interim classification procedures are followed in accordance with the article governing the subject matter in the facility.
In the case of substances and preparations with properties that give rise to several classifications, the lowest threshold quantities are applied for the purposes of this cooperation agreement. However, for the purposes of the addition rule set out in note 4, the threshold amount used will always be the amount that corresponds to the classification concerned.
2. By EXPLOSIF:
(a) a substance or preparation that creates a risk of explosion by impact, friction, fire or other sources of ignition (risk phrase R2);
(b) a substance or preparation that creates a high risk of shock, friction, fire or other sources of ignition (risk phrase R3); or
(c) a substance, preparation or 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 and as transposed by Council Directive 94/55/EC of 21 November 1994 on the approximation of the legislation of the Member States concerning the transport of dangerous goods by road.
This definition includes pyrotechnic substances, which, for the purposes of this cooperation agreement, are defined as substances (or mixtures of substances) intended to produce a caloric, luminous, sound, gaseous or fumigen effect or a combination of such effects, through self-sustained exothermic chemical reactions. When a substance or preparation is subject to both a classification under the ADR Agreement and the allocation of a risk phrase R2 or R3, the classification under the ADR Agreement presumes the allocation of the risk sentence.
Class 1 substances and articles are classified in one Division 1.1 to 1.6 in accordance with the classification system of the ADR Agreement. The divisions concerned are:
- Division 1.1: "Materials and objects with a mass explosion risk. (A mass explosion is an explosion that almost instantaneously affects almost all loading). »
- Division 1.2: "Materials and objects with a risk of risk of mass explosion. »
- Division 1.3: "Materials and objects with a fire risk with a slight risk of blow or projection or both, but without the risk of mass explosion:
(i) whose combustion results in considerable thermal radiation, or
ii) that burn one after another with minimal effects of breath or projection or both. »
- Division 1.4: "Materials and objects with only minor danger in the event of fire or initiation during transport. The effects are essentially limited to the package and do not normally result in the projection of fragments of noticeable size or at a noticeable distance. An outside fire must not result in the virtually instantaneous explosion of almost all the contents of the package. »
- Division 1.5: "Very unsensitive substances with a mass explosion risk, whose sensitivity is such that, under normal conditions of transport, there is only a very low probability of initiation or passage from combustion to detonation. The minimum requirement is that they should not explode during the test of the outside fire. »
- Division 1.6: "Extremely unsensitive objects with no mass explosion risk. These objects contain only extremely unsensitive detonating material and have a negligible probability of accidental initiation or spread. The risk is limited to the explosion of a single object. »
This definition also includes explosive or pyrotechnic substances or preparations contained in objects. In the case of objects containing explosive or pyrotechnic substances or preparations, if the quantity of the substance or preparation contained in that object is known, the substance shall be taken into consideration for the purposes of this cooperation agreement. If the quantity is not known, the whole object is considered explosive for the purposes of this cooperation agreement.
3. FLAMMABLE, FLAMMABLE FACILITY and FLAMMABLE EXTREMEMENT (categories 6,7 and 8), mean:
(a) flammable liquids:
substances and preparations equal to or greater than 21 ^oC and less than or equal to 55 ^oC (risk phrase R10) and which maintain combustion;
(b) easily flammable liquids:
1) - substances and preparations that can heat up and eventually ignite in contact with air at ambient temperature without energy (risk phrase R 17);
- substances with a flashpoint less than 55 ^oC and which remain liquid under pressure, where special conditions of service, such as high pressure or high temperature, may create major accidents;
2) substances and preparations with a flashpoint below 21 ^oC and which are not extremely flammable (risk phrase R 11 second dash);
(c) extremely flammable gases and liquids:
1) liquid substances and preparations whose flashpoint is less than 0 °C and whose boiling point (or, in the case of a boiling field, the initial boiling point) is, at normal pressure, less than or equal to 35 °C (risk phrase R12 first dash), and
(2) gases that are flammable in contact with air at room temperature and pressure (risk phrases R12 second dash), which are gaseous or supercritical, and
3) flammable and easily flammable liquid substances and preparations maintained at a temperature above their boiling point.
4. In the case of an establishment where no individual substance or preparation is found in quantities greater than or equal to the threshold quantities established for these substances or preparations, the following addition rule is applied to determine whether the establishment is subject to the requirements of this cooperation agreement:
- the establishment is referred to in Article 3, § 1^erthird paragraph, where the sum of fractions
q1/Q'1 + q2/Q'2 + q3/Q'3 +... = 1,
- the establishment is referred to in Article 3, § 1^ersecond paragraph, where the sum of fractions
q1/Q"1 + q2/Q"2 + q3/Q"3 +... = 1,
where qx refers to the quantity of a hazardous substance or preparation x falling within Parts 1^re or 2 of this annex, Q'x the threshold quantity indicated in column 2 and Q"x the threshold quantity indicated in column 3 of Parts 1^re and 2 of this annex for the substance x concerned.
This addition rule must be used to assess the overall hazards associated with toxicity, flammability and ecotoxicity. It must therefore be applied three times:
(a) to make the sum of substances and preparations designated in Part 1 and classified as toxic or highly toxic, with substances and preparations of Class 1^re or 2;
(b) to make the sum of substances and preparations designated in Part 1 and classified as oxidizing, explosive, flammable, easily flammable or extremely flammable, with substances and preparations of categories 3, 4, 5, 6, 7a, 7b or 8;
(c) to make the sum of the substances and preparations designated in Part 1^re and classified as environmentally hazardous [R50 (including R50/53) or R51/53], with substances and preparations of categories 9, point i), or 9, point ii).
The relevant provisions of this cooperation agreement apply where the amount obtained in one of the three cases is greater than or equal to 1.
When non-designated substances or preparations present both hazardous characters belonging to several additional categories, the divider to be considered is the smallest threshold applicable to the substance.
When substances or preparations have both dangerous characters belonging to several non-addendable categories, separate additions will be made, each of which corresponds to one of the categories.
When a designated substance is added to non-designated substances, the designated substance quantity divider is the threshold amount in Part 1^re.
Done in Brussels, 1^er June 2006 in 4 original copies.
For the federal state:
The Ministers of the Interior,
Economics, Environment and Labour,
P. DEWAEL; Mr. VERWILGHEN; B. TOBBACK; P. VANVELTHOVEN
For the Flemish Region:
The Minister-President of the Flemish Government,
Y. LETERME
Flemish Ministers of Finance and 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
Walloon Ministers of Housing, Transport and Territorial Development and Agriculture,
Rural, 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 the Local Authorities, the Land Planning, Monuments and Sites, Urban Renovation, Housing, Public Cleanliness and Development Cooperation,
Ch. PICQUE
The Minister of the Government of the Brussels-Capital Region, responsible for the Environment, Energy and the Water Policy and the Secretary of State in the Brussels-Capital Region, responsible for Housing and Urbanism,
E. HUYTEBROECK; F. DUPUIS