22 MAI 2001. - Act to approve the cooperation agreement of 21 June 1999 between the Federal State, the Flemish, Walloon and Brussels-Capital Regions on the control of hazards associated with major accidents involving hazardous substances

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 21 June 1999 between the Federal State, the Flemish, Walloon and Brussels Capital Regions on the control of the dangers of major accidents involving hazardous substances.
Promulgation of this law, let us order that it be clothed with the seal to the State and published by the Belgian Monitor.
Given in Brussels on 22 May 2001.
ALBERT
By the King:
The Minister of the Interior:
A. DUQUESNE
Minister of Employment,
Ms. L. ONKELINX
Minister of Consumer Protection,
Public Health and the Environment,
Ms. M. AELVOET
Minister of Economics and Scientific Research,
Ch. PICQUE
Cooperation agreement between the Federal State, the Flemish and Walloon Regions and the Brussels-Capital Region on the control of hazards associated with major accidents involving hazardous substances
Having regard to Council Directive 96/82/EC of 9 December 1996 on the control of hazards associated with major accidents involving hazardous substances;
Considering the Convention on the Transboundary Effects of Industrial Accidents, signed in Helsinki on 17 March 1992;
Having regard to Convention No. 174 on the Prevention of Major Industrial Accidents, adopted at Geneva on 22 June 1993 by the International Labour Conference at its eightieth session and approved by the Law of 6 September 1996;
Considering the special law of institutional reforms of 8 August 1980 as amended by the special laws of 8 August 1988 and 16 July 1993, in particular Article 6, § 1^erI and II, and 92 bis, § 3, b);
Having regard to the special law of 12 January 1989 on the Brussels Institutions, as amended by the special law of 16 July 1993, including articles 4 and 42;
Having regard to Opinion No. 17 of 16 October 1998 of the Higher Council for Labour Prevention and Protection;
Considering the opinion of 20 January 1999 of "Sociaal-Economische Raad van Vlaanderen";
Having regard to the opinion of 21 January 1999 of the Milieu-en Natuurraad van Vlaanderen;
Considering that, under Article 92 bis, § 3, (b), of the above-mentioned special law, the federal authority and the regions are required to enter into a cooperation agreement for the application at the federal and regional levels of the rules established by the European Community regarding the risks of major accidents of certain industrial activities;
Considering that this material is currently the subject of the aforementioned Directive 96/82/EC;
Considering that pursuant to Article 24 of this Directive, Member States shall bring into force the necessary legislative and administrative provisions to comply with it by 3 February 1999 at the latest;
Considering that the Helsinki and Geneva Conventions mentioned above deal with the same matter and that it is therefore indicated to ensure its implementation by the same cooperation agreement;
Considering that the implementation of these provisions is partly within federal jurisdiction and partly within regional jurisdiction and that some provisions fall under both jurisdictions;
Considering that a coordinated and effective implementation of these provisions on the one hand, and the need, on the other hand, not to confront the operators of the establishments covered by these provisions with inadequately harmonized or overlapping regulations, it is essential to act through an immediate enforcement cooperation agreement;
Considering that only a law-enforcement cooperation agreement provides sufficient guarantee to adopt optimal coordinated regulation for the entire Belgian territory;
Considering that this cooperation agreement does not preclude regions from enacting in their legislation on establishments classified as hazardous, unhealthy and inconvenient, the obligation to prepare a security report or a security study for the assessment of the application of the permit under the relevant legislation, on the basis of available and necessary data and at that time;
Considering that the regions ensure that, in this case, the report or study is designed in such a way that they can be completed at a later date to form the security report referred to in this cooperation agreement;
Considering that the federal and regional ministers involved in the implementation of this agreement undertake to establish, without delay, a permanent structure of consultation to ensure the follow-up and implementation of this Agreement;
Considering that the parties to this agreement undertake to conduct without delay negotiations for the allocation or distribution of the proceeds of the taxes referred to in the Act of 21 January 1987 concerning the risks of major accidents of certain industrial activities on the basis of objectively identified needs related to the application of this agreement;
The Federal State, represented by the Minister of Economy, the Minister of the Interior, the Minister of Employment and Labour and the Secretary of State for Security and the Environment;
The Flemish Region, represented by the Flemish Government, in the person of its Minister-President, and in the person of the Flemish Minister of Environment and Employment, and in the person of the Flemish Minister of Public Works, Transport and Development;
The Walloon Region, represented by the Walloon Government, in the person of its Minister-President and in the person of the Walloon Minister of Land, Equipment and Transport and in the person of the Walloon Minister of the Environment, Natural Resources and Agriculture;
The Brussels-Capital Region, represented in the person of the Minister-President and in the person of the Minister of Planning of the Territory, Urbanism, Communications and Public Works and in the person of the Minister of the Environment, Renovation, the Conservation of Nature, the Water and Public Cleanliness Policy,
The following agreed:
CHAPTER ^I. - General provisions
Article 1^er. This cooperation agreement is directly implemented.
Art. 2. The purpose of this cooperation agreement is to prevent major accidents involving hazardous substances and to limit their consequences to humans and the environment, in order to ensure consistent and effective levels of protection throughout the country.
Art. 3. § 1^er. This Cooperation Agreement applies to establishments where hazardous substances are present in quantities equal to or greater than those listed in Schedule I, Parts 1 and 2.
Sections 10, 12, 14 and 16 to 20 apply only to establishments where hazardous substances are present in quantities equal to or greater than those listed in Schedule I, Parts 1 and 2, Column 3.
Section 9 applies only to establishments where hazardous substances are present in quantities equal to or greater than those in column 2 and below those in column 3 of Schedule I, Parts 1 and 2.
§ 2. For the purposes of this cooperation agreement, the presence of hazardous substances, their actual or planned presence in the facility and the presence of hazardous substances that are deemed to be capable of being generated when the control of a chemical industrial process is lost, in quantities equal to or greater than the thresholds in Parts 1 and 2 of Schedule I.
§ 3. The provisions of this Cooperation Agreement shall apply subject to the application of other provisions concerning the protection of work, the protection of the environment and public safety.
Art. 4. For the purposes of this cooperation agreement:
1° establishment: the entire area under the control of an operator where hazardous substances are located in one or more facilities, including common or related infrastructure or activities;
2° new establishment: establishment for which the application for a licence to operate is introduced after the date of entry into force of this cooperation agreement;
Existing establishment: establishment for which the application for a permit to operate was introduced prior to the entry into force of this cooperation agreement; an existing establishment that is subject to an amendment or extension for the first time to the provisions of this cooperation agreement shall be considered, for the purposes of this agreement, to an existing establishment;
4° installation: a technical unit inside an establishment where hazardous substances are produced, used, manipulated or stored, and which includes all equipment, structures, pipes, machines, tools, particular railway connections, loading and unloading platforms, installation applications, throws, deposits or similar structures, whether floating or not, necessary for the operation of the facility;
5° operator: any natural or legal person who operates the facility or facility;
6° hazardous substances: substances, mixtures or preparations listed in Schedule I, Part 1, or meeting the criteria set out in Annex I, Part 2;
7° major accident: an event such as a program, fire or explosion of major importance resulting from uncontrolled developments during the operation of an establishment covered by this cooperation agreement, leading to human health, inside or outside the facility, or for the environment, a serious, immediate or delayed danger, and involving one or more hazardous substances;
8° danger: the intrinsic property of a dangerous substance or a physical situation of being able to cause damage to human health or the environment;
9° risk: the probability that a specific effect occurs in a given period or in specific circumstances;
10° storage: the presence of a certain quantity of hazardous substances for storage, safe storage or storage;
11° near accident: uncontrolled event likely to randomly lead to a major accident;
12° Coordination service: the competent service for the acceptance of the security report based on the establishment of the institution, as referred to in Article 5, § 1^er;
13° Evaluation services: competent services for the assessment of the security report, depending on the nature or location of the establishment, as referred to in Article 5, § 2;
14° inspection services: competent services for inspection according to the nature or location of the establishment, as referred to in Article 5, § 3;
15° inspection team: the team set up by region, referred to in Article 27, § 1^er.
Art. 5. § 1^er. shall be designated as a coordination service for the purposes of this cooperation agreement:
1° the service designated by the Flemish Government for establishments located in the Flemish Region;
2° the service designated by the Walloon Government for establishments located in the Walloon Region;
3° the service designated by the Government of the Brussels-Capital Region, for establishments located in the Brussels-Capital Region.
Each coordination service shall establish for establishments within its jurisdiction, if these institutions are subject to Article 12.
§ 2. shall be designated as an assessment service for the purposes of this cooperation agreement:
1° the service designated by the Flemish Government for establishments located in the Flemish Region;
2° the service designated by the Walloon Government for establishments located in the Walloon Region;
3° the service designated by the Government of the Brussels-Capital Region for establishments located in the Brussels-Capital Region;
4° the Federal Ministry of Employment and Labour Security Control Service or, for establishments within the scope of the General Regulation on Explosives, the law on underground storage of gas and the law on the transport of gas and other products by means of pipelines, the competent department of the Federal Ministry of Economic Affairs;
5° the General Directorate of Civil Protection of the Federal Ministry of the Interior;
6° the competent fire department.
§ 3. shall be designated as inspection services for the purposes of this Cooperation Agreement:
1° the service designated by the Flemish Government for establishments located in the Flemish Region;
2° the service designated by the Walloon Government for establishments located in the Walloon Region;
3° the service designated by the Government of the Brussels-Capital Region for establishments located in the Brussels-Capital Region;
4° the Federal Ministry of Employment and Labour Security Supervision Service or, for establishments within the scope of the General Regulation on Explosives, the law on underground storage of gas and the law on the transport of gas and other products by means of pipelines, the competent department of the Federal Ministry of Economic Affairs.
§ 4. Federal and regional ministers competent for the services referred to in § 1^er up to § 3, each designates in respect of it, officials in particular responsible for the above-mentioned missions. This designation is published in the Belgian Monitor. Any change will be communicated in the same way.
§ 5. The difficulties between competent departments will be resolved at the request of one or more parties involved in this Agreement, by the Committee for Consultation referred to in Article 31 of the ordinary law of 9 August 1980 of institutional reforms.
Art. 6. Are excluded from the application of this cooperation agreement:
1° military establishments, installations or storage areas;
2° the dangers of ionizing radiation;
3° the transport of dangerous substances and the temporary intermediate storage by road, rail, inland waterways and marine or air, including loading and unloading activities and the transport to or from another mode of transport to the loading docks, to the docks or to the railway yards, outside the establishments covered by this cooperation agreement;
4° the transport of dangerous substances by pipelines, including pumping stations, outside the facilities covered by this cooperation agreement;
5° extractive industries whose activity is the exploration and exploitation of minerals in mines and quarries, as well as by drilling;
6° waste dumps.
CHAPTER II. - Prevention of major accidents
Art. 7. The operator shall take all necessary measures to prevent major accidents and to limit their consequences to humans and the environment.
The operator must at any time be able to prove to the competent inspection services, including for the purposes of the inspections and inspections referred to in section 28, that it has taken all necessary measures under this cooperation agreement.
Art. 8. § 1^er. The operator shall transmit to the coordination service referred to in Article 5, § 1^era notification within the following deadlines:
1° in the case of new establishments: no later than at the time of the introduction of the application for a permit with the authorization to operate the establishment;
2° in the case of existing establishments: no later than 3 February 2000;
3° for establishments that, as a result of an amendment to the classification of substances or preparations in the categories referred to in Annex I, Part II, as a result of an amendment or adaptation to the technical progress of a directive referred to in this Annex, are required to transmit a notification: no later than two years after the modification or adaptation to the technical progress of the directive concerned.
§ 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°;
information to identify hazardous substances or the category of substances involved;
the quantity and physical form of the hazardous substance(s) involved;
the activity carried out or planned in the facility or on the storage area;
the immediate environment of the facility, being the elements likely to cause a major accident or worsen its consequences.
§ 3. The notification provided in § 1^er is not required for existing establishments for which the operator has already filed a notification file prior to the entry into force of this cooperation agreement, under the legislation applicable to the effective date of this cooperation agreement. If the coordination service has not received these data, they are transmitted on request and without delay to the coordination service by the administrations that hold them. However, the coordination service may require a new notification if it considers that the data included in the above-mentioned file no longer corresponds to the current state of the situation.
§ 4. The notification is transmitted by the operator to the coordination service in eight copies. With the agreement of the coordination service, the notification can be made in a digital form according to the terms determined by it.
§ 5. The operator shall immediately inform the coordination service in the following cases:
1° in the event of a significant change in the information contained in the notification provided in accordance with § 2, such as changes in the quantity or physical form of hazardous substances or changes in the processes that implement these substances;
2° if the installation is permanently closed.
§ 6. The coordination service shall transmit the notifications referred to in § 1^er to the assessment services, the competent governor and the competent mayor.
Art. 9. § 1^er. The operator of an establishment referred to in Article 3, § 1^er, paragraph 3, writes a document defining its policy of prevention of major accidents and ensures the correct application of this policy. The operator's policy for the prevention of major accidents must ensure a high level of human and environmental protection by appropriate measures, means, structures and management systems.
§ 2. The document referred to in § 1^er includes a description of the prevention policy and the practical modalities for the implementation of this policy. This description is based on the risks of major accidents caused by the establishment and has, in particular, the following:
1° to the operator's general objectives and principles for controlling the risks of major accidents;
2° to the organisation of the following activities within the company:
(a) staff training;
(b) work with third parties;
(c) hazard identification and risk assessment of major accidents;
(d) the safety of the operation, regardless of the circumstances (e.g., during normal operation as well as during the commissioning, temporary stopping and maintenance) of the facilities, processes, equipment and storage areas concerned;
(e) the design of new storage facilities, processes or areas and modifications to existing storage facilities, processes or areas;
(f) Emergency control;
(g) the development and execution of periodic inspection and maintenance programs;
(h) the reporting and examination of major accidents and near accidents;
(i) other activities related to "good management", such as the periodic evaluation and revision of the prevention policy and the modalities for the implementation of the said policy.
§ 3. The document referred to in § 1^er is made available to inspection services at the operator's headquarters.
Art. 10. § 1^er. Operators of establishments referred to in Article 3, § 1^ersecond paragraph:
1° conducts a policy of prevention of major accidents, guaranteeing a high level of protection for humans and the environment:
2° implement an effective security management system, ensuring the application of this policy.
The policy for the prevention of major accidents is set in writing and includes the general objectives and principles applied by the operator for the control of major accident risks.
The safety management system encompasses the part of the overall facility management system related to the organizational structure, responsibilities, practices, procedures, processes and devices to determine and implement the policy for the prevention of major accidents.
§ 2. The following elements are addressed in the security management system:
1° the organisation and the staff:
(a) the tasks and responsibilities of staff involved in managing the risks of major accidents at all levels of the organization;
(b) the management of procedures for identifying the training needs of staff and organizing such training;
(c) staff involvement;
(d) management of work procedures with third parties;
2° identification and assessment of the risks of major accidents: the management of procedures for the systematic identification of the hazards of major accidents that may occur in the event of normal or abnormal operation, as well as for the assessment of the risks associated with them;
3° Operational control: the management of operational procedures and working instructions to ensure safe operation, regardless of the circumstances (e.g., during normal operation as well as during the commissioning, temporary stopping, maintenance), facilities, processes, equipment and storage areas concerned;
4° Design control: the management of procedures for the design of new storage facilities, processes or areas and for the planning and implementation of modifications to existing storage facilities, processes or areas;
5° Emergency planning: the management of procedures to identify foreseeable emergencies and to develop, test and review emergency plans, using a systematic analysis to address such emergencies;
6° Monitoring: the management of procedures to ensure ongoing monitoring of compliance with the objectives set by the operator in its prevention policy and in the security management system and for the implementation of the corrective actions required in the event that deficiencies are identified:
7° the audit and revisions:
(a) the management of periodic and systematic assessment procedures for the prevention of major accidents, the effectiveness and adequacy of the safety management system;
(b) the management of the periodic review and updating procedures by the operator of the prevention policy and safety management system.
The procedures mentioned in the first paragraph, 6°, also include:
1° the development and execution of periodic inspection and maintenance programs;
2° the declaration of major accidents;
3° the declaration of near-accidents, especially those for which protection measures have failed;
4° the examination of these accidents or near accidents and the follow-up of the lessons that can be learned.
Art. 11. § 1^er. The coordination service determines, based on information provided by the operator in accordance with sections 8 and 12, and, where appropriate, information provided by the coordination services of other regions, establishments or groups of establishments where the probability and possibility or consequences of a major accident may be increased, due to the location and proximity of other establishments and their inventories of other hazardous substances.
§ 2. The coordination service must ensure that for the establishments identified:
1° adequate information is exchanged appropriately to allow these facilities to take into account the nature and extent of the overall hazard of major accidents in their policies for the prevention of major accidents, their safety management systems, their safety reports and their internal emergency plans;
2° arrangements are made for cooperation on public information, as well as the provision of information to the competent Minister for Civil Protection or his representative for the preparation of external contingency plans.
Art. 12. § 1^er. The operator of an establishment referred to in Article 3, § 1^er, second paragraph, is required to submit a security report for the following purposes:
1° demonstrate that a policy for the prevention of major accidents and a safety management system for its application is implemented in accordance with the elements contained in Article 10;
2° demonstrate that the hazards of major accidents have been identified and that the necessary measures to prevent them and to limit the consequences of such accidents for man and the environment have been taken;
3° demonstrate that the design, construction, operation and maintenance of any facility, storage area, equipment and infrastructure related to the operation of the facility, related to the hazards of major accidents within the facility, have sufficient safety and reliability;
4° demonstrate that internal emergency plans have been established and provide elements for the development of an external emergency plan;
5° provide sufficient information to the coordination service to enable it to decide or make proposals to the competent authority on the implementation of new activities or developments around existing establishments.
§ 2. The security report contains at least the information listed in Appendix II. It also contains the updated inventory of hazardous substances that are or may be present in the facility.
§ 3. The security report provided in § 1^er is sent to the Coordination Service within the following time limits:
1° for new establishments within three months of the start of operation;
2° for existing establishments, not yet subject to the provisions of the Act of 21 January 1987 concerning the risks of major accidents of certain industrial activities and section 723quinquies, 4, of the General Labour Protection Regulations: no later than 3 February 2002;
3° for existing establishments already subject to the provisions of the Act of 21 January 1987 concerning the risks of major accidents of certain industrial activities and section 723quinqies, 4, of the General Labour Protection Regulations: no later than 3 February 2001;
4° without delay after the periodic revisions provided for in § 5.
5° for establishments that, as a result of an amendment to the classification of substances or preparations in the categories referred to in Annex I, Part II, as a result of an amendment or adaptation to the technical progress of a directive referred to in this Annex, are required to prepare a report, no later than two years after the modification or adaptation to the technical progress of the directive concerned.
The security report will be submitted in eight copies. With the agreement of the coordination service, it can be presented in a digital format according to the modalities to be determined by it.
§ 4. The security report is periodically evaluated and, if necessary, updated:
at least every five years;
2° at any other time, at the initiative of the operator or at the request of the coordination service, where new facts warrant it or to take into account new technical safety knowledge, e.g., from accident analysis or, to the extent possible, near-accidents, as well as the evolution of hazard assessment knowledge.
§ 5. When it is established, to the satisfaction of the coordination service, that certain substances in the facility or in any part of the facility cannot create a major accident hazard, the coordination service may, in accordance with the criteria set out in Appendix VI, limit the information required in the safety reports to information relating to the prevention of residual hazards of major accidents and the limitation of their consequences to humans and the environment.
If the coordination service makes use of this option, it shall communicate to the European Commission a motivated list of the institutions concerned.
Art. 13. In the event of a modification of a facility, establishment, storage area, process or nature or quantities of hazardous substances that may have significant consequences for hazards associated with major accidents, the operator shall:
Review and, if necessary, revise the policy for the prevention of major accidents, as well as the management systems and procedures provided for in articles 9 and 10;
2° review and, if necessary, revise the security report and provide the coordination service with all the details of the revision, before making the amendment.
Art. 14. 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 public under the confidential nature of certain industrial, commercial or personal data. The coordination department may decide that certain parts of the report may not be made public for the reasons listed above or for reasons of State security, sabotage prevention or national defence.
These data are included in an annex that is not made available to the public.
CHAPTER III. - Emergency plans
Art. 15. § 1^er. The operator develops an internal emergency plan to:
1° contain and control incidents so as to minimize their effects and limit damage to humans, the environment and property;
2° to implement the measures to be taken within the facility to protect humans and the environment from the effects of major accidents.
§ 2. The internal emergency plans of the establishments referred to in Article 12 contain the information referred to in Annex III under item 1. They are elaborated:
1° for new establishments: prior to their operation;
2° for existing establishments, not yet subject to the provisions of the Act of 21 January 1987 concerning the risks of major accidents of certain industrial activities and section 723quinquies, 4, of the General Labour Protection Regulations: no later than 3 February 2002;
3° for existing establishments already subject to the provisions of the Act of 21 January 1987 concerning the risks of major accidents of certain industrial activities and section 723quinquies, 4, of the General Labour Protection Regulations: no later than 3 February 2001;
4° for establishments that, as a result of an amendment to the classification of substances or preparations in the categories referred to in Annex I, Part II, as a result of an amendment or adaptation to the technical progress of a directive referred to in this Annex, are required to develop an internal emergency plan: no later than two years after the modification or adaptation to the technical progress of the directive concerned.
§ 3. The operator consults the Prevention and Protection Committee at the Work of the Institution during the development of the internal emergency plan.
In the absence of a Labour Prevention and Protection Committee, the union delegation is consulted.
Art. 16. In order to determine the emergency planning zone, the Minister responsible for civil protection determines, after consulting with regional governments, the limits, types of accidents, atmospheric conditions and scenarios to be taken into account by the operator to delineate in the safety report (annex II, point II, c) the territory that could be affected in the event of a major accident.
Art. 17. § 1^er. The competent Minister for Civil Protection shall ensure that an external emergency plan is drawn up for each institution referred to in section 12, within the time limit set out by the Minister, with respect to the measures to be taken outside the institution.
The Minister may, by reasoned order and in the light of the data in the security report, exempt from the requirement to draft an external emergency plan.
§ 2. External contingency plans must be established for the following objectives:
1° contain and control incidents so as to minimize their effects and limit damage to humans, the environment and property;
2° Implement the necessary measures to protect man and the environment from the effects of major accidents;
3° provide the necessary information to the public and the relevant services or authorities of the region.
4° provide for the rehabilitation and cleaning of the environment after a major accident.
The external emergency plans contain the information referred to in Annex III, item 2, in accordance with the instructions of the competent Minister for Civil Protection and, with respect to item 4, in accordance with the instructions of the competent regional government.
§ 3. The competent Minister for Civil Protection shall ensure that the public is consulted on external emergency plans in accordance with his instructions.
§ 4. If the emergency planning zone extends beyond the borders of the Kingdom, the competent Minister for Civil Protection or his representative shall transmit the necessary data to the competent authority of the State concerned.
The competent Minister for Civil Protection ensures that the emergency plan is aligned with the emergency plan of the other State. To the extent possible, a common emergency plan is prepared, as provided for in Article 8, paragraph 3, of the Convention on the Transboundary Effects of Industrial Accidents, made in Helsinki on 17 March 1992.
Art. 18. Internal emergency plans are tested and, if necessary, revised and updated at appropriate intervals that must not exceed three years by operators. The competent Minister for Civil Protection or his agent is responsible for external contingency plans.
This review takes into account changes in the institutions concerned and the emergency services concerned, new technical knowledge and knowledge of the measures to be taken in the event of major accidents.
Art. 19. § 1^er. The competent Minister for Civil Protection or his or her delegate shall ensure that information on the security measures to be taken and the conduct to be taken in the event of a major accident is provided on an ex officio basis to persons who are likely to be affected by a major accident occurring in an establishment referred to in Article 12.
When the consequences may extend beyond the limits of the Kingdom, it cooperates with the competent authority of the State that may be affected.
§ 2. This information is reviewed every three years and, if necessary, is renewed and updated at least in the event of an amendment within the meaning of Article 13. This information must be made available to the public at all times. The maximum interval between two renewals of public information shall in no case exceed five years.
The information contains at least the information listed in Appendix IV.
§ 3. When the competent Minister for Civil Protection has decided that an establishment close to the territory of another Member State of the European Community shall not create a danger of major accident beyond its perimeter within the meaning of Article 17, § 1^er, second paragraph and, therefore, does not require the development of an external emergency plan, it shall inform the other Member State.
CHAPTER IV. - Intervention during and after a major accident
Art. 20. § 1^er. The internal emergency plan is implemented without delay by the operator:
1° in a major accident, or
2° at an uncontrolled event that can reasonably be expected, due to its nature, that it leads to a major accident.
§ 2. If the major accident or uncontrolled event requires a coordinated response from relief and response services, the external emergency plan is triggered and implemented in accordance with civil protection legislation and the Minister's instructions on civil protection.
Art. 21. When a major accident occurs, the operator is required to immediately prevent the unified call system (Service 100) and the Government Coordination and Crisis Centre.
In turn, the unified call system manager warns the emergency and response services involved in the external emergency plan.
The Government Coordination and Crisis Centre shall notify the competent Minister for Civil Protection, as the case may be, the Federal Minister for Labour in his or her powers or the Federal Minister for Economic Affairs in his or her powers, the Regional Minister for the Environment, the Coordination Service and the relevant inspection services. If the major accident or threat of a major accident has or may have transboundary consequences, the Government Coordination and Crisis Centre shall promptly notify the competent authority of the State concerned.
Art. 22. § 1^er. The operator shall, as soon as possible after a major accident, provide the following information to the Government Coordination and Crisis Centre and the relevant inspection services, as soon as it is aware:
1° the circumstances of the accident,
2° the hazardous substances involved,
3° the data available to assess the effects of the accident on man and the environment;
4° the emergency measures taken.
The operator shall inform them of the measures envisaged to:
1° limit the medium and long-term effects of the accident,
2° prevent the accident from happening again.
It updates the information provided if a more in-depth survey reveals new information or conclusions that have been drawn from it.
§ 2. The competent Minister for Civil Protection or his representative shall ensure that emergency measures are taken.
§ 3. The competent inspection team:
1° collects by means of an inspection, investigation or by any other appropriate means, the information necessary for a complete analysis of the circumstances, the causes of technical or organizational origin, the immediate or delayed consequences foreseeable as well as the management of the accident by all concerned actors;
2° undertakes appropriate steps to ensure that the operator takes the necessary affirmative action;
3° makes recommendations on future preventive measures;
4° ensures that the medium- and long-term measures required and the necessary measures for the rehabilitation and cleaning of the environment are taken.
Art. 23. § 1^er. The competent inspection team shall inform as soon as possible the Commission of the European Community of major accidents in Belgium that meet the criteria of Annex V.
The following details are provided:
1st the Member State, the name and address of the body responsible for establishing the report;
2° the date, time and place of the major accident, with the full name of the operator and the address of the establishment in question;
3° a brief description of the circumstances of the accident, indicating the hazardous substances involved and the immediate effects on man and the environment;
4° a brief description of the emergency measures taken and the precautionary measures immediately necessary to prevent the occurrence from happening again.
§ 2. As soon as the information provided for in Article 21 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.
The communication of this information can only be postponed to allow the prosecution of judicial proceedings until their completion in the event that this communication might affect the course.
§ 3. The Government Coordination and Crisis Centre shall communicate to the Commission of the European Community the name and address of any service referred to in Article 5 that may have information on major accidents and that would be in a position to advise the competent authorities of other Member States required to act in the event of such an accident.
CHAPTER V. - Land use
Art. 24. § 1^er. The Regions ensure that the objectives for the prevention of major accidents and the limitation of the consequences of such accidents are taken into account in their policies for the allocation or use of the soil or in other relevant policies. They pursue these objectives by monitoring:
1° of new establishments;
2° of amendments to existing establishments referred to in Article 13;
3° of the new developments made around existing facilities, such as communication channels, places frequented by the public, residential areas, where the location or accommodations are likely to increase the risk of major accidents or increase the consequences.
The Regions shall ensure that their policies for the allocation or use of the soil or other relevant policies and procedures for the implementation of these policies take into account the long-term need to maintain appropriate distances between, on the one hand, the establishments covered by this Agreement and, on the other hand, the areas of housing, areas frequented by the public and areas of particular natural interest or having a special character
§ 2. The Regions shall ensure that all competent authorities and authorities empowered to make decisions in this area establish appropriate consultation procedures to facilitate the implementation of the political measures agreed in accordance with § 1^er and for the public concerned to give their opinion. These procedures are designed to ensure that, at the time of decision-making, a technical advice on the risks associated with the establishment is available on the basis of a specific case study or on the basis of general criteria.
CHAPTER VI. - Data transmission
Art. 25. § 1^er. The Coordination Service shall, immediately after receipt of the security reports, transmit a copy of each security report:
1° to evaluation services;
2° to the competent provincial governor;
3° in the competent village.
With the agreement of all the services concerned, this data can be transmitted in a digital form or entered into a data bank accessible to all the services concerned.
§ 2. If the consequences of a major accident in an establishment referred to in Article 12 may extend outside the territory of the Kingdom, a copy of the security report shall be transmitted to the competent authority of the State concerned if it is a party to the Convention on the Transboundary Effects of Industrial Accidents, made in Helsinki on 17 March 1992 and in order to apply the procedure provided for in Annex III to this Convention, unless this procedure has already been applied
If the consequences may extend outside the Region where the establishment is located, a copy of the security report is transmitted to the Government of the Region or Regions that may be reached.
§ 3. The evaluation services shall review, each of them, the security reports received and transmit to the Coordination Service their possible comments within forty working days of the receipt of the security report in the case of a new establishment and within at least sixty working days of the coordination service in the other cases.
§ 4. The coordination service shall notify the operator of the findings relating to the review of a new facility's security report, not later than sixty working days after the receipt of the security report deemed complete.
For existing facilities that are required to submit a security report by 3 February 2001 or 2002, the coordination service shall notify the operator of the findings within a reasonable period determined by the operator.
Where applicable, it shall designate any amendments or supplements to the report, within a reasonable period of time provided by it.
§ 5. If it deems it appropriate or at the request of one of the evaluation services, the coordination service shall bring together an assessment board in which the evaluation services concerned with the security report are represented. The assessment board shall examine the comments received and table common conclusions.
The operator is heard upon request.
The assessment board has an equal number of members with voting rights by evaluation service. The Chair and the secretariat are provided by the Coordination Unit. Decisions are taken by consensus.
§ 6. The operator shall communicate the modified safety report to the coordination service which shall be responsible for its distribution in accordance with the terms and conditions set out in § 1^er and §2.
A further period of sixty working days shall take place as soon as the operator has introduced the amended or completed safety report to the coordination service.
§ 7. Without the same deadlines, the coordination department proposes, if any, to the competent authority in this matter, on the reasoned advice of the assessment board referred to in § 5, to prohibit the commissioning or continuation of all or part of the establishment concerned.
§ 8. The evaluation services shall consult regularly for the uniform application of this cooperation agreement as possible.
§ 9. The coordination services shall transmit every three years to the Commission of the European Community a joint report on the establishments referred to in articles 9 and 12 following the procedure adopted in Council Directive 91/692/EC.
Art. 26. The Government Coordination and Crisis Centre acts as a liaison body for the notification of industrial accidents in accordance with Article 10 of the Convention on the Transboundary Effects of Industrial Accidents, made in Helsinki on 17 March 1992 and as a liaison body for mutual assistance in accordance with Article 12 of the Convention.
Art. 26bis. The competent regional authorities shall notify the study or safety report provided for in their environmental permit legislation at the General Directorate of Civil Protection of the Federal Ministry of the Interior before, as the case may be, a decision is taken on the application or the permit procedure is commenced.
CHAPTER VII. - Inspection
Art. 27. § 1^er. An inspection team by Region is established, on the basis of the principle of equivalence and with the maintenance of all the skills, composed of officials of the inspection authorities referred to in Article 5, § 3.
§ 2. Coordination in each inspection team and the overall coordination of the various inspection teams is provided by the inspection service of the Federal Ministry of Employment and Labour designated for this purpose. This coordination authority is specified in Appendix VII.
Art. 28. § 1^er. The inspection teams jointly organise an inspection system. Inspections or control measures do not depend on the receipt of the security report or any other report submitted. They are designed to allow for a planned and systematic review of the technical systems, organizational and management systems applied in the establishment in question to consider whether:
1° the operator may prove that it has taken appropriate measures, taking into account the activities carried out in the facility, to prevent any major accident;
2° the operator may prove that it has taken appropriate means to limit the consequences of major accidents on the site and off the site;
3° the data and information received in the security report or in another report presented accurately reflect the location of the facility;
§ 2. The inspection system referred to in paragraph 1 shall meet the following conditions:
1° an inspection program is developed for all establishments and updated on time. Unless an inspection program is established on the basis of a systematic assessment of hazards associated with major accidents, the program includes at least one inspection per year at the facilities referred to in section 12.
The inspection program shall include:
(a) the nature of the planned reviews, the method applied and the expected periodicity;
(b) the inspection service responsible for the concrete execution of each investigation.
The inspection services are responsible for the proper execution of the inspections under the inspection program. Joint inspections may be planned.
2° after each inspection, an inspection report is prepared by the inspection service concerned; a copy of this agreement is forwarded to other inspection services as part of the inspection team.
If the inspection team considers that measures to prevent major accidents or reduce their consequences are clearly inadequate, a copy of the inspection report is forwarded to the coordination service.
3° any inspection carried out under the inspection program shall, within a reasonable time after the inspection, be discussed with the management of the facility.
§ 2. Inspection services may request the operator to provide all the additional information necessary to them to be able to properly assess the possibility of a major accident, determine the possible increase in probability or possible aggravation of the consequences of major accidents, and to take into account substances that, due to their physical form, particular conditions or location, may require particular attention. Where applicable, inspection services provide these additional data to the evaluation services concerned.
Art. 29. § 1^er. Without prejudice to the powers of judicial police officers, officials of the competent inspection services shall monitor the application of the provisions of this cooperation agreement by the operators within the scope of this agreement.
§ 2. In the exercise of their mission:
1° they may enter, at any time of day or night, without prior warning, in all places subject to their control; they have access to inhabited premises only by prior authorization issued by a judge of the police court;
2° they may conduct any examination, control and interrogation and require all information they consider necessary to ensure that the provisions of this cooperation agreement are complied with, inter alia:
(a) have all information to be searched and produced at the location designated by them;
(b) consult any act, document and other information available on site;
(c) be given a copy of the acts, documents or other sources of information, or, if not possible, keep or carry them for control against receipt, the time necessary for the fulfilment of their mission;
(d) establish an inventory and take or take samples at no cost and carry them away to analyse or analyse them.
§ 3. They may give oral or written advice, warnings or orders. They may also set a time limit to get in good standing and to file minutes.
§ 4. These minutes shall be held to the contrary as long as a copy is communicated to the offender and, where applicable, to his employer, within fourteen days of the day after the offence was found. When the due day, which is included within this period, is a Saturday, a Sunday or a legal holiday, it is postponed to the next business day.
For the purposes of this period, the notice given to the offender or the setting of a time limit to order does not preclude the finding of the offence.
§ 5. In the performance of their duties, they may require police assistance.
CHAPTER VIII. - Administrative amendments and sanctions
Art. 30. § 1^er. Where the measures taken by the operator to prevent major accidents or to limit their consequences are clearly insufficient, the competent authorities under the legislation governing the operation of the establishment, completely or partially stop or prohibit the operation or operation of the establishment, installation or storage area in accordance with the said legislation.
The decision of the competent authority shall be taken:
1° or ex officio;
2° on a reasoned request of the assessment board referred to in Article 25, § 5;
3° on a reasoned request of one or more inspection services concerned.
§ 2. This decision may be appealed in accordance with the legislation applicable to the operation of the establishment.
Art. 31. A prison sentence of eight days to one year and a fine of 1,000 francs to 1,000 francs or only one of these penalties shall be imposed on the operator who, although required to:
1° does not apply the measures provided for in section 7, paragraph 1 or may not demonstrate that it has taken the necessary measures in accordance with section 7, second paragraph;
2° does not introduce a notification under Article 8;
3° has not written a document as referred to in Article 9 or 10, does not ensure the correct execution of the prevention policy or does not assess it and does not revise it as provided for in Article 13;
4° does not introduce or update a security report as referred to in section 12 within the prescribed time limits or does not assess it or revise it as provided for in section 13, where applicable;
5° does not draft an internal emergency plan as referred to in Article 15, does not test the internal emergency plan and, if applicable, does not revise it as provided for in Article 18 or does not carry out the internal emergency plan in the case referred to in Article 19, § 1^er;
6° does not provide the information referred to in section 21 or 22;
7° does not follow the warnings or orders of the inspection authority.
The Act of 30 June 1971 on administrative fines applicable in cases of violation of certain social laws is applicable to these offences. An administrative fine of 2,000 to 50,000 francs may be imposed by the official of the Federal Ministry of Employment and Labour designated in accordance with this Act and in accordance with the procedure set out in this Act.
CHAPTER IX. - Final provisions
Art. 32. For the purpose of transparency, the competent authorities shall make the information received pursuant to this cooperation agreement available to any natural or legal person upon request.
The information received by the competent authorities may, however, be kept confidential in the cases covered by the legislation applicable to the relevant publicity service concerned.
Art. 33. Notifications, contingency plans and information to the public established under existing legislation on the day this Agreement comes into force, shall remain in force until they are replaced under the provisions of this Cooperation Agreement.
Art. 34. Annexes I, II, III, IV, V and VI to this Cooperation Agreement may be amended by cooperation agreement not subject to approval by law, decree or order, with a view to adapting them to technical progress, but only as a result of the compliant amendments to European regulations.
Art. 35. § 1^er. A permanent structure for consultation is established for the proper functioning of this cooperation agreement. The following missions are assigned to it:
- harmonization between co-responsible services of working methods and procedures, exchange of information and decision criteria for the application of this Agreement;
- coordination of initiatives and dissemination of research and development results related to the control of major industrial accident risks;
- seeking coherent solutions to the problems of particular institutions and the creation of administrative jurisprudence;
- the coordination of Belgium ' s representation in the working committees and workshops on the control of major industrial risks or related materials;
- coordination of actions and international policy positions.
§ 2. The permanent structure of consultation is composed of a representation of the competent authorities. The permanent structure of consultation decides by consensus between representatives of the parties concerned. If consensus cannot be reached, the subject matter will be submitted to the Interdepartmental Conference of the Environment, extended with other relevant federal ministers.
§ 3. Members hold at least 4 plenary meetings per year and as many workshops as they deem necessary. The Chair and the secretariat are determined by the permanent structure of consultation.
§ 4. Each meeting is subject to an agenda and minutes issued in a timely manner to all members. The international policy positions are addressed to the Chair of the Coordinating Committee of the International Environmental Policy.
§ 5. The Presidency and the secretariat are assumed by the Ministry of Employment and Labour.
Art. 36. The members, referred to in article 92 bis, § 5, second paragraph, of the special law of 8 August 1980 of the institutional reforms, of the jurisdiction to determine the interpretation disputes or the execution of this cooperation agreement, are appointed 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 jurisdiction will be apportioned between the Federal State, the Walloon Region, the Flemish Region and the Brussels-Capital Region.
Made in Brussels on 21 June 1999 in 4 original copies.
For the federal state:
Ministers of Economy, Interior, Employment and Labour and the Secretary of State for Safety and Environment,
E. DI RUPO L. VAN DEN BOSSCHE
Ms. M. SMET J. PEETERS
For the Flemish Region:
The Minister-President of the Flemish Government,
L. VAN DEN BRANDE
Flemish Ministers of the Environment and Employment,
Public Works, Transport and Land Planning,
T. KELCHTERMANS S. STEVAERT
For the Walloon Region:
Minister-President of the Walloon Government,
R. COLLIGNON
The Walloon Ministers of Land Planning, Equipment and Transport and Environment, Natural Resources and Agriculture,
Mr. LEBRUN G. LUTGEN
For the Brussels-Capital Region:
The Minister-President of the Government of the Brussels-Capital Region,
Ch. PIQUE
Ministers of the Planning of the Territory, Urbanism, Communications, and Public Works, the Environment, Renovation, the Conservation of Nature, the Water and Public Cleanliness Policy,
H. HASQUIN D. GOSUIN
List of annexes (the annexes form an integral part of the agreement)
Appendix I - Application of the Cooperation Agreement
Annex II - Minimum data and information to be taken into account in the security report provided for in Article 12
Appendix III - Data and information to be included in the contingency plans provided for in Articles 15 and 17
Appendix IV - Information elements to be communicated to the public pursuant to section 19
Appendix V - Criteria for Notification of an Accident at the Commission of the European Communities, as provided for in Article 23, paragraph 1
Appendix VI - Harmonized Criteria for the Grant of Exemptions under Article 12, § 6
Appendix VII - Detailing the coordination competence referred to in Article 27, § 1^er.

Annex I
CHAMP THE COOPERATION ACCORD
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 threshold amount indicated are not considered in the calculation of the total quantity present if their location within an establishment is such that it cannot trigger a major accident elsewhere on the site.
5. The rules in Part 2 note 4 that govern the addition of hazardous substances or categories of hazardous substances are, if applicable, applicable.

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
These rules apply separately to the following cases:
- substances and preparations in Part 2 and in Class 1, 2 and 9 as well as substances in Part 1 that have the same hazardous characteristics;
- substances and preparations in Part 2 and belonging to categories 3, 4, 5, 6, 7a, 7b and 8 as well as substances in Part 1 that have the same hazardous characteristics.
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.
Made in Brussels on 21 June 1999, in 4 original copies.
For the federal state,
Ministers of Economy, Interior, Employment and Labour,
and the Secretary of State for Security and the Environment,
E. DI RUPO L. VAN DEN BOSSCHE
Ms. M. SMET J. PEETERS
For the Flemish Region,
The Minister-President of the Flemish Government,
L. VAN DEN BRANDE
Flemish Ministers of Environment and Employment, Public Works, Transport and Development,
T. KELCHTERMANS S. STEVAERT
For the Walloon Region,
Minister-President of the Walloon Region,
R. COLLIGNON
The Walloon Ministers of the Land Planning,
Equipment and Transport and Environment, Natural Resources and Agriculture,
Mr. LEBRUN G. LUTGEN
For the Brussels-Capital Region,
The Minister-President of the Government of the Brussels-Capital Region,
Ch. PICQUE
Ministers of the Planning of the Territory, Urbanism, Communications and Public Works and the Environment, Renovation, Conservation of Nature, Water and Public Environmental Policy,
H. HASQUIN D. GOSUIN

Annex II
MINIMUM DONNES AND INFORMATION FOR CONSIDERATION IN THE REPORT OF ARTICLE 12
I. Information on the management system and the organization of the facility for the prevention of major accidents.
This information must cover the elements contained in Article 10.
II. Presentation of the facility's environment
A. Description of the site and its environment including geographical location, weather, geological, hydrographic data and, where applicable, its history;
B. Identification of facilities and other activities within the facility that may pose a major accident hazard;
C. Description of areas likely to be affected by a major accident.
III. Installation description
A. Description of the main activities and productions of the parts of the facility that are important in terms of safety, sources of risk for major accidents and conditions under which this major accident could occur, along with a description of the planned preventive measures;
B. Description of processes, including operating modes;
C. Description of hazardous substances
(1) Inventory of hazardous substances including:
- identification of hazardous substances: chemical designation, CAS number, designation in the ICACP nomenclature,
- the maximum quantity of the substance(s) present or may (may) be present,
2) physical, chemical, toxicological characteristics and hazard indication, both immediate and delayed for man or the environment,
3) physical or chemical behaviour under normal conditions of use or foreseeable accidentals.
IV. Identification and analysis of accident risks and means of prevention
A. Detailed description of possible major accident scenarios and occurrence conditions including the summary of events that may play a role in the initiation of each of these scenarios, whether the causes are of internal or external origin to the facility;
B. Assessment of the extent and severity of the consequences of identified major accidents;
C. Description of the technical parameters and equipment installed for the safety of the installations.
V. Protection and intervention measures to limit the consequences of an accident
A. Description of installation equipment to limit the consequences of major accidents;
B. Organization of alert and response;
C. Description of internal or external means;
D. Description of the internal emergency plan referred to in section 15.
Made in Brussels on 21 June 1999, in 4 original copies.
For the federal state,
Ministers of Economy, Interior, Employment and Labour,
and the Secretary of State for Security and the Environment,
E. DI RUPO L. VAN DEN BOSSCHE
Ms. M. SMET J. PEETERS
For the Flemish Region,
The Minister-President of the Flemish Government,
L. VAN DEN BRANDE
Flemish Ministers of Environment and Employment, Public Works, Transport and Development,
T. KELCHTERMANS S. STEVAERT
For the Walloon Region,
Minister-President of the Walloon Region,
R. COLLIGNON
The Walloon Ministers of the Land Planning,
Equipment and Transport and Environment, Natural Resources and Agriculture,
Mr. LEBRUN G. LUTGEN
For the Brussels-Capital Region,
The Minister-President of the Government of the Brussels-Capital Region,
Ch. PICQUE
Ministers of the Planning of the Territory, Urbanism, Communications and Public Works and the Environment, Renovation, Conservation of Nature, Water and Public Environmental Policy,
H. HASQUIN D. GOSUIN

Annex III
DONNES AND INFORMATION TO BE FIGURAL ARTICLES 15 AND 17
1. Internal emergency plans
(a) Name or function of persons authorized to initiate emergency procedures and the person responsible for palliative action on the site and their coordination.
(b) Name or function of the liaison officer with the authorities responsible for the external emergency plan.
(c) For each foreseeable situation or event that could play a crucial role in the initiation of a major accident, describe the measures to be taken to control this situation or event and to limit its consequences, this description should extend to security equipment and available resources.
(d) Measures to limit the risks to people on the site, including alert system and conduct to be taken when the alert is triggered.
(e) Arrangements made to ensure that, in the event of an incident, the authority responsible for triggering the external emergency plan is promptly informed, type of information to be provided immediately and measures regarding the communication of more detailed information as it becomes available.
(f) Arrangements for training staff on the tasks to be performed and, where appropriate, coordinating this action with external emergency services.
(g) Provisions to support off-site affirmative action.
2. External contingency plans:
(a) Name or function of persons authorized to initiate emergency procedures and persons authorized to lead and coordinate actions taken off-site;
(b) Arrangements to be promptly informed of potential incidents and emergency alert and appeal procedures;
(c) Provisions to coordinate the resources necessary for the implementation of the external emergency plan;
(d) Provisions to support affirmative action on the site;
(e) Provisions concerning countermeasures to be taken off-site;
(f) Provisions to provide the public with specific information relating to the accident and conduct to be held;
(g) Provisions to ensure the information of the emergency services of the other member states of the European Community in the event of a major accident that may have consequences beyond the borders.
Made in Brussels on 21 June 1999, in 4 original copies.
For the federal state,
Ministers of Economy, Interior, Employment and Labour,
and the Secretary of State for Security and the Environment,
E. DI RUPO L. VAN DEN BOSSCHE
Ms. M. SMET J. PEETERS
For the Flemish Region,
The Minister-President of the Flemish Government,
L. VAN DEN BRANDE
Flemish Ministers of Environment and Employment, Public Works, Transport and Development,
T. KELCHTERMANS S. STEVAERT
For the Walloon Region,
Minister-President of the Walloon Region,
R. COLLIGNON
The Walloon Ministers of the Land Planning,
Equipment and Transport and Environment, Natural Resources and Agriculture,
Mr. LEBRUN G. LUTGEN
For the Brussels-Capital Region,
The Minister-President of the Government of the Brussels-Capital Region,
Ch. PICQUE
Ministers of the Planning of the Territory, Urbanism, Communications and Public Works and the Environment, Renovation, Conservation of Nature, Water and Public Environmental Policy,
H. HASQUIN D. GOSUIN

Annex IV
ELEMENTS D'INFORMATION A COMMUNIQUER AU PUBLIC EN APPLICATION DE L'ARTICLE 19
1. Operator name and address of the establishment.
2. Identification, by its function, of the person providing the information.
3. Confirmation that the establishment is subject to the regulatory and/or administrative provisions for the application of this coordination agreement and that the notification provided for in Article 8, paragraph 3 or the security report provided for in Article 12, paragraph 1 has been transmitted to the competent authority.
4. An explanation in simple terms of the activity(s) of the establishment.
5. Common name or, in the case of hazardous substances in Schedule I, Part 2, generic name or general hazard category of substances and preparations in the facility that may result in an accident, with indication of their main hazardous characteristics.
6. General information on the nature of the risks of major accidents, including their potential effects on the population and the environment.
7. Adequate information on how the population concerned will be alerted and kept informed in the event of a major accident.
8. Adequate information on the measures that the population concerned must take and on the conduct it must conduct in the event of a major accident.
9. Confirmation of the requirement for the operator to take appropriate action on the site, including contact with emergency services to deal with major accidents and minimize their impact.
10. Reference to the external emergency plan developed to deal with all the off-site effects of an accident, accompanied by the invitation to follow all instructions or instructions of emergency services at the time of an accident.
11. Accuracy of the terms and conditions for obtaining any relevant information, subject to the confidentiality provisions of the applicable legislation.
Made in Brussels on 21 June 1999, in 4 original copies.
For the federal state,
Ministers of Economy, Interior, Employment and Labour,
and the Secretary of State for Security and the Environment,
E. DI RUPO L. VAN DEN BOSSCHE
Ms. M. SMET J. PEETERS
For the Flemish Region,
The Minister-President of the Flemish Government,
L. VAN DEN BRANDE
Flemish Ministers of Environment and Employment, Public Works, Transport and Development,
T. KELCHTERMANS S. STEVAERT
For the Walloon Region,
Minister-President of the Walloon Region,
R. COLLIGNON
The Walloon Ministers of the Land Planning,
Equipment and Transport and Environment, Natural Resources and Agriculture,
Mr. LEBRUN G. LUTGEN
For the Brussels-Capital Region,
The Minister-President of the Government of the Brussels-Capital Region,
Ch. PICQUE
Ministers of the Planning of the Territory, Urbanism, Communications and Public Works and the Environment, Renovation, Conservation of Nature, Water and Public Environmental Policy,
H. HASQUIN D. GOSUIN

Annex V
REQUIREMENTS FOR NOTIFICATION OF A CHILD AT THE EUROPEAN COMMUNITY COMMISSION PREVUE TO ARTICLE 23, PARAGRAPH 1^er
I. Any accident under item 1 or having at least one of the consequences described in items 2, 3, 4 and 5 shall be notified to the Commission of the European Community.
1. Substances
Any fire or explosion or accidental release of hazardous substances involving a minimum quantity of 5% of the threshold quantity set out in column 3 of Schedule I.
2. Offences against persons or property
An accident directly involving a hazardous substance that originated in one of the following events:
- death;
- six persons injured inside the facility and hospitalized for at least 24 hours;
- a person outside the hospital for at least 24 hours;
- exterior accommodation(s) at the damaged and unavailable facility as a result of the accident;
- evacuation or confinement of persons for more than 2 hours (persons x hours): the value is at least 500;
- the interruption of the distribution of drinking water, electricity, gas and telephone traffic for more than 2 hours (persons x hours): the value is at least equal to 1,000.
3. Immediate environmental impacts
- permanent or long-term damage to terrestrial habitats
- 0.5 hectare or more of an important habitat from an environmental or conservation perspective and protected by legislation;
- 10 hectares or more of a larger habitat, including agricultural land,
- significant or long-term damage to surface water habitats or marine habitats (*)
- 10 kilometres or more of a river, canal or river;
- 1 hectare or more of a lake or pond;
- 2 hectares or more of a delta;
- 2 hectares or more of a coastal area or the sea;
- significant damage to an aquifer or groundwater (*)
- 1 hectare or more.
4. Material damage
- property damage in the establishment: from 2 million stables;
- property damage outside the establishment: from 0.5 million stables.
5. Transboundary damage
Any accident directly involving a dangerous substance causing effects outside Belgian territory.
II. Accidents and "nearly accidents" in respect of which the competent service considers that they are of particular technical interest in the prevention of major accidents and the limitation of the consequences of major accidents and which do not meet the quantitative criteria cited above, should be notified to the Commission.
Made in Brussels on 21 June 1999, in 4 original copies.
For the federal state,
Ministers of Economy, Interior, Employment and Labour,
and the Secretary of State for Security and the Environment,
E. DI RUPO L. VAN DEN BOSSCHE
Ms. M. SMET J. PEETERS
For the Flemish Region,
The Minister-President of the Flemish Government,
L. VAN DEN BRANDE
Flemish Ministers of Environment and Employment, Public Works, Transport and Development,
T. KELCHTERMANS S. STEVAERT
For the Walloon Region,
Minister-President of the Walloon Region,
R. COLLIGNON
The Walloon Ministers of the Land Planning,
Equipment and Transport and Environment, Natural Resources and Agriculture,
Mr. LEBRUN G. LUTGEN
For the Brussels-Capital Region,
The Minister-President of the Government of the Brussels-Capital Region,
Ch. PICQUE
Ministers of the Planning of the Territory, Urbanism, Communications and Public Works and the Environment, Renovation, Conservation of Nature, Water and Public Environmental Policy,
H. HASQUIN D. GOSUIN
____
Notea's
(*) If applicable, reference may be made to assess damage to Directives 75/440/EEC and 76/464/EEC and to the guidelines for their applications relating to certain substances, namely Directives 76/160/EEC, 78/659/EEC and 79/923/EEC, or CL50 for representative species of the habitats affected as defined by Directive 92/32/EEC for the "safe for the environment" criterion.
Annex VI
HARMONIZED REQUIREMENTS FOR THE OPERATION OF DISPENSES IN VERTU DE L'ARTICLE 12, § 5
A waiver may be granted in accordance with the provisions of Article 12, § 6, where one of the general criteria set out below is met:
1. FORME PHYSIQUE DE LA SUBSTANCE
Substances that are in solid form that, under normal conditions and in any abnormal condition that is reasonably expected, may not result in the release of material or energy likely to present a major accident risk.
2. AND QUANTITIES
Substances packed or conditioned in such and such quantities that the maximum release of the substance cannot in any circumstances present a major accident risk.
3. AND QUANTITY
Substances present in quantities and distances such as other hazardous substances (in the facility itself or elsewhere) that they cannot present as such a major accident risk or trigger a major accident involving other hazardous substances.
4. CLASSIFICATION
Substances that are defined as hazardous substances as a result of their general classification in Appendix 1, Part II, of Council Directive 96/82/EC, but that are not subject to a major accident risk and are therefore not subject to general classification in the case of a species.
Made in Brussels on 21 June 1999, in 4 original copies.
For the federal state,
Ministers of Economy, Interior, Employment and Labour,
and the Secretary of State for Security and the Environment,
E. DI RUPO L. VAN DEN BOSSCHE
Ms. M. SMET J. PEETERS
For the Flemish Region,
The Minister-President of the Flemish Government,
L. VAN DEN BRANDE
Flemish Ministers of Environment and Employment, Public Works, Transport and Development,
T. KELCHTERMANS S. STEVAERT
For the Walloon Region,
Minister-President of the Walloon Region,
R. COLLIGNON
The Walloon Ministers of the Land Planning,
Equipment and Transport and Environment, Natural Resources and Agriculture,
Mr. LEBRUN G. LUTGEN
For the Brussels-Capital Region,
The Minister-President of the Government of the Brussels-Capital Region,
Ch. PICQUE
Ministers of the Planning of the Territory, Urbanism, Communications and Public Works and the Environment, Renovation, Conservation of Nature, Water and Public Environmental Policy,
H. HASQUIN D. GOSUIN
Annex VII
PRECISIONS FOR THE COORDINATION COMPETENCE PREVUE TO ARTICLE 27, § 2
The coordination referred to in Article 27, § 2, includes the following tasks:
(a) the organization of a regular consultation between the various inspection teams, with a view to the uniform application of this cooperation agreement as possible across the country;
(b) the organization of a regular consultation between the inspection services of each inspection team for the development and effective operation of the inspection system provided for in section 28;
(c) the establishment of the logistical support necessary for the effective functioning of this dialogue;
(d) the provision of an effective inspection programme for each institution, as provided for in article 28, § 2, and the development and regular updating of the programme;
(e) the development, as part of this consultation, of an annual plan for the concrete implementation of the inspection programme;
(f) the organization of joint inspections agreed upon in this consultation;
(g) the realization, within this consultation, of a maximum exchange of information on relevant inspection experiences, new developments in inspection techniques and any other useful information for the execution of inspection missions;
(h) the information of the coordination services on the facts found, on the conclusions drawn from the analyses of accidents or other new purposes, where they may require, after common notice of the inspection services, a review or updating of the safety report, as provided for in Article 12, § 4;
(i) the organization of practical agreements within inspection teams for the execution of the tasks referred to in Article 22, § 3, in the event of a major accident;
(j) the management of the report to the European Community Commission on possible major accidents, as provided for in Article 23, §§ 1^er and 2;
(k) the information of the coordination services regarding the general inspection data required for the preparation of the triannual report to the Commission of the European Community, as provided for in Article 25, § 9;
(l) the organization of an exchange of views on how to act inspection services, in the event that one of the inspection authorities deems necessary to decide a ban on operation, as referred to in Article 30;
(m) the organization of all other joint actions agreed by the inspection services.
Made in Brussels on 21 June 1999, in 4 original copies.
For the federal state,
Ministers of Economy, Interior, Employment and Labour,
and the Secretary of State for Security and the Environment,
E. DI RUPO L. VAN DEN BOSSCHE
Ms. M. SMET J. PEETERS
For the Flemish Region,
The Minister-President of the Flemish Government,
L. VAN DEN BRANDE
Flemish Ministers of Environment and Employment, Public Works, Transport and Development,
T. KELCHTERMANS S. STEVAERT
For the Walloon Region,
Minister-President of the Walloon Region,
R. COLLIGNON
The Walloon Ministers of the Land Planning,
Equipment and Transport and Environment, Natural Resources and Agriculture,
Mr. LEBRUN G. LUTGEN
For the Brussels-Capital Region,
The Minister-President of the Government of the Brussels-Capital Region,
Ch. PICQUE
Ministers of the Planning of the Territory, Urbanism, Communications and Public Works and the Environment, Renovation, Conservation of Nature, Water and Public Environmental Policy,
H. HASQUIN D. GOSUIN