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Decision of 27 May 2004 on environmental quality requirements for external safety of the environmental management of the environment (Decision on external safety establishments)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister for Housing, Regional Planning and the Environment of 5 February 2003, No MJZ2003008449, Central Committee of Legal Affairs, Legislative Section;
Having regard to Article 12 of Directive No 96 /82/EC of the Council of the European Union of 9 December 1996 on the control of major-accident hazards involving dangerous substances (PbEG L 10), as amended by: Directive No 2003 /105/EC of the European Parliament and the Council of the European Union of 16 December 2003 (PbEG L 345);
Having regard to the Articles 5.1, 1st and 4th Member , 5.2, first paragraph , 5.3, first and second members , 8.7, 1st Member , 8.44 and 21.8 of the Environmental Protection Act and 19a, 12th Member , and 36 of the Land Planning Act (Law on Spatial Planning) ;
The Council of State heard (opinion of 8 July 2003, No W08.03.0060/V);
Having regard to the further report of the Secretary of State for Housing, Spatial Planning and the Environment of 19 May 2004, No MJZ2004049663, Central Executive Board of Legal Affairs, Legislative Section;
Have found good and understand:
1 In this Decision and the provisions based thereon, the following definitions shall apply:
a. The European Convention on the International Carriage of Dangerous Goods by Road adopted in Geneva on 30 September 1957;
b. Restricted Vulnerability object:
a.
1 ° distributed dwellings, residential and third-party residential vehicles with a density of up to two dwellings, houseboats or residential cars per hectare; and
2 °. third party services and residences;
b. Office buildings, if they are not covered by subparagraph (l) (c);
(c) hotels and restaurants, insofar as they are not covered by subparagraph (l) (c);
d. stores, provided that they are not covered by subparagraph (l) (c);
e. sports halls, sports grounds, swimming pools and playgrounds;
(f) camping sites and other land for recreational purposes, provided that they are not covered by subparagraph (l) (d);
g. corporate buildings, if they are not covered by subparagraph (l) (c);
(h) objects which may be assimilated to the equivalent of the average time per day during which persons are resident there, the number of persons normally present in them and the possibilities for use in the self-reliance in the event of an accident, provided that such objects are not sensitive objects; and
i. High-infrastructure-value objects such as a telephone or power station or a building with a flight management device, where such objects are protected by the nature of the dangerous substances that may be released in the event of an accident earn from the effects of that accident;
c. combustible hazardous substance: dangerous substance or waste, which continues to react with air of normal composition and pressure under fire phenomena, after the source causing the ignition has been removed;
d. External safety: an opportunity to die outside of an establishment as a direct result of an unusual occurrence within that establishment involving a dangerous substance;
e. projected restricted vulnerable object: not yet limited vulnerable object permitted by the zoning plan in force for the relevant area;
f. projected vulnerable object: not yet vulnerable object which is permissible under the zoning plan applicable to the relevant area;
g. dangerous substance:
a. Dust that or preparation which is either at or under the control of Packaging and labelling of environmentally hazardous substances and preparations is classified in a category as referred to in Article 9.2.3.1, second paragraph, of the Environmental Protection Act , or
b. Dangerous substance as intended by Article 1, first paragraph, of the Dangerous Substances Act ;
h. Hazardous waste: hazardous waste as intended Article 1.1, first paragraph, of the Act , provided that such waste is one or more of the characteristics mentioned in: Article 4, second paragraph, points (a) to (c), (e) and (f) of the European Waste List holds;
Limit value: limit value as specified in Article 5.1, third paragraph, of the Act as regards the level of the risk of placement;
j. group risk: cumulative chances per year that kill at least 10, 100 or 1000 persons as a direct result of their presence in the area of influence of a facility and an unusual occurrence within that establishment involving a dangerous substance or hazardous waste is involved;
k. sphere of influence: area where, according to the rules laid down by our Minister, persons are included for the calculation of the group risk;
l. vulnerable object:
(a) residential or residential or residential or residential or trailer-driven vehicles as referred to in subparagraph (b) (a);
b. buildings intended for the stay, whether or not part of the day, of minors, the elderly, the sick or the disabled, such as:
1º. hospitals, old people's homes and nursing homes;
2º schools, or
3º. buildings or parts thereof intended for the daycare of minors;
c. buildings in which large numbers of persons are usually present for a large part of the day, which in any case include:
1º. office buildings and hotels with a gross floor area of more than 1500 m2 per object, or
2º. complexes in which more than 5 stores are located and of which the common gross floor area is more than 1000 m2 and stores with a total gross floor area of more than 2000 m2 per store, as far as in those complexes or in those stores a supermarket, hypermarket or department store is established; and
d. Champear and other recreational areas, intended for the stay of more than 50 persons for several consecutive days;
m. Our Minister: Our Minister of Housing, Spatial Planning and Environmental Management;
Storage facility: supply intended for storage of packaged dangerous substances or packaged hazardous waste;
o. Place-based risk: risk in a place outside an establishment, expressed as the one-year probability of a person who would stay unabated and unprotected in that place, as a direct result of an unusual occurrence within those places establishment involving a dangerous substance or waste material;
p. disaster: disaster as intended in Article 1 of the Safety Regions Act ;
q. Target value: target value as specified in Article 5.1, third paragraph, of the Act as regards the level of the risk of placement;
r. Act: Environmental Environment Act ;
s. dwelling: building or part of a building intended for habitation;
t. 'houseship' means a ship intended for habitation; and
u. commuting wagon: trailer as referred to in Article 1, first paragraph, of Annex II to Decision of the Environment .
2 Vulnerable objects or restricted objects that belong to a device as intended Article 2 (1), first paragraph, parts (a) to (h) , for the purposes of this Decision, subject to the provisions of the Articles 12 and 13 and the Articles 15 and 16 In so far as Articles 15 and 16 relate to the group risk, they are not considered to be vulnerable or severely restricted objects.
1 This Decision shall apply to the acts referred to in Article 4, first to fourth paragraphs , in relation to:
a. A device on which it is Risk of major accident decision 2015 is applicable;
(b) a device intended for storage in connection with the transport of dangerous goods, as intended Article 1, first paragraph, part e of the Registration Decision , where dangerous substances referred to in Annex I to Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repeal Council Directive 96 /82/EC (PbEU 2012, L 197) shall be stored in quantities greater than the quantities indicated in column 2 of Part 1, respectively 2 of Annex I to that Directive;
c. A railway placement designated by Our Minister for the Scheme used for the purposes of classifying wagons carrying dangerous substances;
d. Other categories of establishments, other than those specified by our Minister in arrangement, other than those referred to in parts (a) to (c), where the risk of an on-site risk, calculated according to rules laid down in accordance with that procedure, is or may be higher than 10 -6 per year, belonging to categories of establishments designated under the Article 1.1, third paragraph, of the General Provisions Act ;
e. LPG fuelling station as intended Article 1.1, first paragraph, of the eco-management act , where paragraph 5.3.1 of that Decision is applicable;
f. An establishment where packed hazardous waste, or packaged dangerous substances, other than nitry-containing fertilisers, is stored in a quantity of more than 10 000 kg per storage facility, other than a device such as Referred to in Part A or d, where:
1 ° flammable dangerous substances shall be stored with fluorine, chlorine, bromo-, nitrogen or sulphur-containing compounds; or
2 ° shall be stored within a storage facility for combustible hazardous substances and dangerous substances with fluorine, chlorine, bromo-, nitrogen or sulphur-containing compounds;
g. A device in which a refrigeration or freezing equipment is present with a content exceeding 1500 kg of ammonia, other than a device as referred to in subparagraph (a) or (d); and
h. Other categories of establishments, other than those specified by our Minister in the scheme, other than those referred to in parts e to g, where the risk of an on-site risk, calculated in accordance with rules laid down in accordance with that scheme, is or may be higher than 10 -6 For each year and for which distances between vulnerable and non-projected vulnerable objects are identified by those rules, belonging to categories of establishments designated under the conditions of Article 1.1, third paragraph, of the General Provisions Act .
2 This Decision shall apply to the acts referred to in Article 5, first, second and sixth paragraphs , with regard to the destination of land, to the extent that it is:
a. Within the sphere of influence of an establishment as referred to in the first paragraph; or
b. [ Red: This part has not yet entered into force.]
3 This Decision shall apply to the decision referred to in Article 5, seventh paragraph In so far as the goods to which that decision relates are within the area of influence of an establishment as referred to in paragraph 1 (a).
4 This Decision shall apply to the Decision, which is to be taken into account in the Articles 2.31, first and second paragraphs, point (b) , 2.33, first paragraph, point (b) of the General Provisions Act , an environment permit where application of Article 2.12, first paragraph, point (a) (3) of that Act diverts from the destination plan or management regulation, and a decision as referred to in the Articles 3.26, first paragraph , and 3.28, 1st paragraph, of the Spatial Planning Act , with regard to, or relating to, a device as referred to in paragraph 1, to the extent that such decision is taken to implement Article 17 or 18 .
1 This Decision shall not apply to the acts referred to in Article 4, first to fourth paragraphs , in relation to:
a. A device containing exclusively or mainly consumer fireworks, professional fireworks or theatrical pyrotechnic articles intended for use in theatre. Fire Working Decision being stored or edited; and
b. An establishment for the storage or processing of ammunition, explosive substances or objects loaded with explosive substances, non-consumer fireworks, professional pyrotechnics or theatrical pyrotechnic articles intended to be used in the theatre Fire Working Decision Unless otherwise provided in that establishment, Risk of major accident decision 2015 is applicable.
2 This Decision shall not apply to the acts referred to in Article 5, first and second paragraphs , for the purpose of land use, to the extent that it is within the area of influence of an establishment as referred to in the first paragraph.
1 The competent authority shall take the decision on an application for an environmental permit for an activity as referred to in Article 4 (2). Article 2.1, first paragraph, point (e) (1) of the General Provisions Act (Law on the Environment) the limit value, mentioned in Article 6, first paragraph -In eight.
2 In deciding on an application as referred to in the first paragraph, the competent authority shall take into account the guide value, mentioned in paragraph 1. Article 6, second paragraph .
3 The competent authority shall take the decision on an application for an environmental permit for an activity as referred to in Article 3 (2). Article 2.1, first paragraph, point (e) (2) , and 2.6 of the General Provisions Act If the application relates to a change adversely affecting the location-related risk, the limit values mentioned in the Articles 7, 1st paragraph , and 24, 1st Member -In eight.
4 The competent authority shall, where the application relates to a change adversely affecting the place-based risk, take into account the guide value, in the case of the decision on an application as referred to in the third paragraph. Article 7, second paragraph .
5 The competent authority shall respect, by way of derogation from the first and third paragraphs, the distances established by the arrangement of our Minister, in the case of the decision on an application, by way of derogation from the first and third paragraphs, and shall, in the event of such decision, derogation from the second and fourth paragraphs, account being taken of the distances established under that scheme, which are limited to or less than those projected for vulnerable objects, if the application concerns:
a. LPG fuelling station as intended Article 2, first paragraph, part e ;
b. A device as intended Article 2, first paragraph, part f , if:
1 °. to the establishment no storage facility for the storage of materials as intended for storage Article 2, first paragraph, part f , of a surface of more than 2500 m 2 , and
2 °. no unit packets of more than 100 kg containing dangerous substances or preparations with or under the control of Packaging and labelling of environmentally hazardous substances and preparations are to be classified as highly toxic, or dangerous substances of ADR Class 6.1, packaging group I, unloaded and loaded in the open air;
c. An establishment in which a refrigeration or freezer unit is present as intended Article 2, first paragraph, part g , having a content of less than 10 000 kg of ammonia, of which the diameter of the liquid line to the evaporator is 80 DN or less, or
d. A device as intended Article 2, first paragraph, part h .
6 In the case of a regulation of our Minister, categories of establishments may be designated for which the risk of placement, by way of derogation from paragraph 5, for satisfaction of the limit values referred to in paragraphs 1 and 3 or to the satisfaction of the the value of the guide referred to in paragraphs 2 and 4 of this Article may be calculated in accordance with the rules laid down in the second and fourth paragraphs where, in the opinion of the competent authority, those limit values or the guide value are satisfied by the competent authority, take as much as possible, from a distance smaller than the distance provided by Our Minister for the category of establishments to which the relevant establishment belongs, as set out in paragraph 5. In its judgment, the competent authority shall include, in the first sentence, the nature of the dangerous substances authorised in the establishment concerned and the measures applied to reduce the risk of their place.
7 The rules of our Minister may lay down detailed rules for the surrender of vulnerable and restricted objects which are likely to be restricted or restricted in a case referred to in paragraph 6, in each case.
8 Where an application referred to in paragraphs 1 and 3 relates to an establishment where it is intended to Risk of major accident decision 2015 the competent authority shall be subject to the decision on that application, without prejudice to: Article 2.14, first paragraph, of the General Provisions Act , the impact on external security that the establishment causes for persons using a main road or rural railway as intended in Article 1, first paragraph, of the Tracéwet .
1 The competent authority shall take the decision in the adoption of a decision as referred to in the Articles 3.1, first to third paragraphs , 3.6, 1st Member , 3.26, first paragraph , 3.28, first paragraph , 4.2, 1st Member , or 4.4, first paragraph, point (a) of the Spatial Planning Act and when granting an environment permit where application of Article 2.12, first paragraph, point (a), (2) or (3), of the General Provisions Act to derogate from the destination plan or the management regulation Article 11 of the Housing Act -a derogation from the construction regulation, which permits the construction or establishment of vulnerable objects, the limit value, mentioned in Article 8, first paragraph -In eight.
2 The competent authority shall, when establishing a decision referred to in the first member on the basis of which the construction or establishment of restricted objects is admitted, shall take into account the guide value, mentioned in the Article 8, second paragraph .
3 The competent authority shall, in the adoption of a decision referred to in the first paragraph, by way of derogation from the first paragraph, respect the distances between the rules of the Minister for the protection of vulnerable objects and shall, in the case of the adoption of a decision, decision as referred to in paragraph 2, by derogation from the second paragraph, shall take into account the distances determined in that scheme for restricted objects where that decision relates to an area which is wholly or partly within the scope of the Areas of influence of a device as intended Article 4, fifth paragraph, points (a) to (d) .
4 By way of arrangement of Our Minister, categories of cases for which the risk of an on-site risk, by way of derogation from the third paragraph, may be designated to satisfy the limit value referred to in paragraph 1 or to the guide value, In accordance with the rules laid down in paragraph 2, it may be calculated that, in the opinion of the competent authority, the limit value or guide value shall be satisfied by the competent authority as far as possible, by the application of the said limit. in eight take, from a smaller distance from the distance provided by Our Minister for that category of cases have been determined in accordance with the third paragraph. The competent authority shall, in its judgment as referred to in the first sentence, involve the nature of the dangerous substances authorised in the establishment which causes the risk of their location and the measures applied to limit that risk.
5 The rules of our Minister may lay down detailed rules for the surrender, in a case referred to in the fourth paragraph, of vulnerable objects and restricted objects which are restricted in each case.
6 The city council does not apply to Article 3.1, third paragraph, of the Spatial Planning Act to the extent that the zoning plan permits the construction or establishment of vulnerable objects or restricted objects which are not satisfied by the limit value or distances referred to in the first paragraph, insufficient account shall be taken of them the guide value or the distances referred to in the second paragraph shall be kept.
7 The competent authority shall be responsible for the adoption of a contract for the award of a contract in the Tracéwet , in so far as that decision relates to the construction or modification of a main road or national railway as intended for Article 1, first paragraph, of that Act , the impact on external security caused by an establishment on which it is Risk of major accident decision 2015 is applicable.
1 The limit value referred to in Article 4, first paragraph , for vulnerable objects, whether projected or not, 10 -6 Per year.
2 The guide value, intended for Article 4, second paragraph , for small and non-projected restricted objects, 10 is 10. -6 Per year.
1 The limit value referred to in Article 4, third paragraph , for vulnerable objects, whether projected or not, 10 -6 Per year.
2 The guide value, intended for Article 4 (4) , for small and non-projected restricted objects, 10 is 10. -6 Per year.
1 The limit value for vulnerable objects in an area covered by a decision as intended Article 5, first paragraph , is determined, is 10 -6 Per year.
2 The target value for restricted vulnerable objects in an area for which a decision as referred to in Article 5, second paragraph , is determined, is 10 -6 Per year.
3 If at the time of the adoption of a decision as referred to in paragraph 1, such rules have been attached to that decision or have been applied in such a way as to Article 2.30 Jo. 2.31, first and second paragraphs, point (b) of the General Provisions Act By way of derogation from that paragraph, within three years of the date of adoption of that decision to the limit value referred to in paragraph 1, the limit value shall be 10 years. -5 Per year.
Article 5.2, third paragraph, first sentence, of the Act does not apply to the limit values specified in the Articles 6, 1st paragraph , 7, first paragraph , and 8, first and third members , and on the guide values, mentioned in the Article 6, second paragraph , 7, second paragraph , and 8, second paragraph .
1 The limit values mentioned in the Articles 6, 1st paragraph , 7, first paragraph , 8, first and third members , and 24, 1st Member , and the guide values, mentioned in the Article 6, second paragraph , 7, second paragraph , and 8, second paragraph They shall be observed, as far as possible, by reference to the reference points established by our Minister.
2 If application is given to Article 14 :
(a) bear the power of the competent authority, Article 4, first and third paragraphs By way of derogation from the first paragraph, ensure that in the adoption of a decision as referred to in the Article 4, first and third paragraphs , the security contour fixed at the relevant limit value is fulfilled; and
(b) shall have the power referred to in Article 5, first and second paragraph, to ensure that a decision as referred to in Article 5 (2) is adopted. Article 5, first and second paragraphs , within the safety contour:
1 ° the construction or establishment of vulnerable objects is not permitted; and
2 ° no possibilities for the construction or establishment of restricted sensitive objects, where these possibilities did not exist until the adoption of the decision.
3 The second paragraph, part b, does not apply to objects which:
1 ° shall have a functional bond with an establishment within the security contour as specified in the Article 2 (1), first paragraph, parts (a) to (h) , or the area for which the safety contour has been established, or
2 ° also within another safety contour are located and have a functional binding with a device as intended Article 2 (1), first paragraph, parts (a) to (h) , within that security contour, or in the area for which that safety contour has been established.
4 In a case referred to in the second paragraph, introductory wording and part a, Article 4, first to seventh paragraph , not applicable to sensitive objects, whether projected or not projected, whether or not projected to be restricted, within the security contour and in a case referred to in paragraph 2, introductory wording and part b, is not applicable. Article 5, first and second paragraphs , not applicable.
The distances to or without projected vulnerable and restricted objects, intended to be used in Article 4, fifth paragraph , and the distances to vulnerable and limited vulnerable objects, intended in Article 5, third paragraph They shall be observed, as far as possible, by reference to the reference points established by our Minister.
(1) Where the competent authority is a decision as referred to in Article 4, first to fifth paragraphs In each case, the following shall be stated in the statement of reasons for the decision:
a. the density of persons present in the area of influence of the relevant establishment at the time of adoption of that decision;
b. the group risk of the establishment to which that decision relates and in a case as referred to in Article 4, third paragraph , also, the contribution of the change of establishment to the total group risk of the establishment, compared to the probability of an accident with 10 or more fatalities of up to 10 -5 per year, with the probability of an accident involving 100 or more fatalities of up to 10 -7 per year and with the risk of an accident involving 1000 or more fatalities of up to 10 9 per year;
c. the possibilities and planned measures to limit the group risk in the near future;
d. the possibilities of preparing for the control and mitigation of the extent of a disaster or major accident in the establishment covered by that decision; and
(e) the possibilities for persons who are present in the area of influence of the establishment to which that decision relates, to ensure safety in the event of a disaster or major accident occurring in that establishment.
2 Before the competent authority adopts a decision as referred to in the first paragraph, that competent authority shall hold consultations with the mayor and aldermen of the municipalities of which the territory is wholly or partly within the sphere of influence of the appropriate device.
3 Prior to the adoption of a decision as referred to in paragraph 1, the competent authority referred to in the first paragraph shall give the administration of the security region in which the establishment is subject to which that decision relates, in the course of which the decision is taken to draw up an opinion on the possibility of preparing for the control and limitation of the extent of a disaster and the self-reliance of persons in the area of influence of the establishment.
(1) Where the competent authority adopts a decision as referred to in Article 3.1, first to third paragraphs , 3.26, first paragraph , or 3.28, 1st paragraph, of the Spatial Planning Act or grant an environment permit that applies Article 2.12, first paragraph, point (a), (2) or (3), of the General Provisions Act to derogate from the destination plan or the management regulation Article 11 of the Housing Act A derogation from the building regulation, which permits the construction or establishment of vulnerable or restricted objects, shall be specified in the explanatory notes to or in the spatial substantiation of the relevant act, except in the case of the fourth member, stating in each case:
(a) the density of persons present and the density of persons present under that decision in the area of control of the establishment or establishment which causes or causes the risk of the group, to the extent that the area of influence lies within the area of which the risk is that decision relates to the date of adoption of that decision;
b. The group risk per establishment at the time of adoption of that decision and the contribution of the vulnerable and restricted objects admitted in that Decision to the risk of the group risk, compared to the probability of an accident involving the risk of injury; 10 or more fatalities of up to 10 -5 per year, with the probability of an accident involving 100 or more fatalities of up to 10 -7 per year and with the risk of an accident involving 1000 or more fatalities of up to 10 9 per year;
c. if possible, the measures to limit the group risk applied by the person driving the establishment, which co-produces that risk and, where applicable, the rules which are or are linked to the institution in force in force, intended in Article 2.1, first paragraph, introductory wording and point (e) of the General Provisions Act ;
d. if possible, the measures to limit the group risk included in that Decision;
(e) the rules limiting the group risk which the competent authority intends to undertake to grant to the establishment, which belongs to a category of establishments for which that decision is adopted, to be granted environment permit, intended in Article 2.1, first paragraph, introductory wording and point (e) of the General Provisions Act ;
f. the advantages and disadvantages of other possibilities for spatial development with a lower group risk;
g. the possibilities and planned measures to limit the group risk in the near future;
h. the possibilities of preparing for the control and mitigation of the extent of a disaster in the establishment which causes or causes the group risk, the effects of which extend beyond that establishment; and
(i) the possibilities for persons present in the area of influence of the establishment which causes or causes the group risk to be brought to safety if a disaster occurs in that establishment.
2 Before the competent authority adopts a decision as referred to in paragraph 1, that competent authority shall enter into consultation with the governing body empowered to grant an environmental permit for an establishment which shall determine the level of the amount of the information the group risk in the area to which that decision relates.
3 Prior to the adoption of a decision as referred to in paragraph 1, the competent authority referred to in the first paragraph shall give the administration of the security region in which the area is concerned to which that decision relates, in the course of which the draw up an opinion on the possibility of preparing for the control and limitation of the extent of a disaster and the self-reliance of persons in the area of influence of the establishment.
4 By way of derogation from paragraph 1, the competent authority may refer to a municipal, regional or provincial structure vision as referred to in the first paragraph, in the explanatory notes to or in the spatial development of a decision referred to in the first paragraph. Spatial planning law If there is a coherent view of the desired planning development of a wider area in relation to the prevention or combating of a disaster, and in that structure vision, at least attention has been paid to the question of the subjects referred to in the first paragraph, parts f to i.
1 The competent authority referred to in Article 4, first to fourth paragraphs , may, in accordance with the competent authority, be Article 5, first and second paragraphs , for devices referred to in Article 2 (1), first paragraph, parts (a) to (h) , or for an area in which those establishments are situated, determine the location of the security contour where the risk of the spot is at the time of the adoption of that contour, on the basis of the Article 2.1, first paragraph, introductory wording and point (e) of the General Provisions Act for the establishment or the respective individual establishments in force, no more than 10 -6 a.
2 The calculation of the risk of taking place referred to in paragraph 1 shall be carried out in accordance with rules laid down by our Minister.
3 In the determination of a safety contour as referred to in paragraph 1, the following may be involved:
a. the developments relating to the establishment concerned and the area in which it is situated reasonably foreseeable developments of importance for external security;
b. the possible accumulation of the on-site risk associated with the presence of other establishments; and
c. the possibilities of limiting the group risk as much as possible.
4 If application is given to the first or third member, the security contour shall be established in such a way that, within that contour, except for vulnerable objects, only sensitive objects having a functional binding Device as intended Article 2 (1), first paragraph, parts (a) to (h) , or with the area for which the safety contour is determined, present or projected. The first sentence does not apply to sensitive objects within the safety contour which are also located in a different safety contour and have a functional binding to a device as specified in the Article 2 (1), first paragraph, parts (a) to (h) , within that security contour, or in the area for which that safety contour has been established.
5 On the preparation of a decision to establish the security contour referred to in paragraph 1, Section 3.4 of the General Administrative Law applicable.
6 The person who drives an establishment within the area for which the competent authority, referred to in paragraph 1, intends to apply to the first paragraph, shall, at the request of that competent authority, provide the information necessary for the determination of the Security contour, except that no data need be provided where appropriate calculations are required.
7 The sixth paragraph shall continue to apply if the information has previously been provided to the competent authority.
8 The request of the competent authority referred to in paragraph 6 shall be made in writing and shall state a period of no more than three months within which that request is to be met.
1 The competent authority shall contribute to the adoption of a decision as referred to in Article 4, first to fourth paragraphs , ensure that that decision is based on a calculation of the risk of exposure and the group risk, carried out in accordance with rules laid down by our Minister, where that decision relates to:
a. A device as specified in Article 2 (1), first paragraph, parts (a) to (d) ;
b. A device as intended Article 2, first paragraph, part f , if:
1 °. to the establishment one or more storage facilities for the storage of materials specified in the Annex. Article 2, first paragraph, part f , with a floor area of more than 2500 m 2 , or
2 °. substances or preparations which are dangerous to or under the control of Packaging and labelling of environmentally hazardous substances and preparations have been classified as highly toxic, or dangerous substances of ADR Class 6.1, packaging group I, in packages exceeding 100 kg, unloaded and loaded in the open air; or
c. An establishment in which a refrigeration or freezer unit is present as intended Article 2, first paragraph, part g , with a content of 10,000 kg of ammonia or more, or whose diameter of liquid pipe to the evaporator is more than 80 DN.
2 The competent authority referred to in paragraph 1 shall not make use of the data relating to the risk of the place and the group risk provided to him by the person who drives the establishment, if that information exceeds five years before the date of the entry into force of the the time of the adoption of a decision referred to in paragraph 1 for the last time has been updated.
Article 15 shall apply mutatis mutandis to a decision as referred to in Article 5, first and second paragraphs , which relates to an area wholly or partly within the area of influence of an establishment as referred to in Article 15, first paragraph.
1 If at the time of entry into force of this Decision, the place-bound risk for a vulnerable object caused by a device as referred to in Article 15, first paragraph , higher than 10 -5 by the following year, the competent authority, referred to in the Articles 4 and 5 , to ensure that within three years from that time the location-related risk does not exceed that limit.
2 If at the time of entry into force of this Decision, the distance from an establishment as intended for Article 4, fifth paragraph, points (a) to (d) , up to a vulnerable object smaller than the distance laid down by our Minister for Vulnerable Objects, the competent authority referred to in Articles 4 and 4 shall be empowered to 5 , to ensure that the distance established by that scheme is met within three years from that date.
3 The first and second paragraphs shall apply to a vulnerable object projected at the date of entry into force of this Decision, on the understanding that the time limit referred to in paragraphs 1 and 2 of this Article begins at the time when a vulnerable object is to be found at the time of entry into the Community. object granted environment permit as intended Article 2.1, first paragraph, introductory wording and point (a) of the General Provisions Act has become irrevocable.
4 In the cases referred to in paragraph 1 and third paragraph, to the extent that the third paragraph applies to the first paragraph, the risk of taking place shall be calculated according to rules laid down by our Minister.
5 Article 10, first paragraph , mutatis mutandis, shall apply to the limit value referred to in paragraph 1 and referred to in paragraph 3.
6 Article 11 shall apply mutatis mutandis to the distances specified in the regulation of our Minister as referred to in the second paragraph.
7 This article does not apply to a vulnerable object within an area covered by Article 14 A safety contour has been established.
1 Without prejudice Article 17, first paragraph , shall bear the power of the competent authority, Articles 4 and 5 , if the location risk is caused by a device as specified in the Article 15, first paragraph , in respect of a vulnerable object at the time of entry into force of this Decision, be satisfied as soon as possible after that date but no later than 1 January 2010 at the limit of 10 -6 Per year.
2 If at the time of entry into force of this Decision, the distance from an establishment as intended for Article 4, fifth paragraph, points (a) to (d) , up to a vulnerable object smaller than the distance laid down by our Minister for Vulnerable Objects, the competent authority referred to in Articles 4 and 4 shall be empowered to 5 , without prejudice Article 17, second paragraph , to ensure that the distance established by that scheme is met as soon as possible after that date, but no later than 1 January 2010.
3 Without prejudice Article 17, third paragraph , the first and second paragraphs shall apply to a vulnerable object projected at the date of entry into force of this Decision, except that the obligation referred to in paragraphs 1 and 2 shall apply from the date on which a Member State of the Environment permit granted for that object as intended Article 2.1, first paragraph, introductory wording and point (a) of the General Provisions Act has become irrevocable.
4 In the cases referred to in paragraph 1 and third paragraph, to the extent that the third paragraph applies to the first paragraph, the risk of taking place shall be calculated according to rules laid down by our Minister.
5 Article 10, first paragraph , mutatis mutandis, shall apply to the limit value referred to in paragraph 1 and referred to in paragraph 3.
6 Article 11 shall apply mutatis mutandis to the distances specified in the regulation of our Minister as referred to in the second paragraph.
7 This article does not apply to a vulnerable object within an area covered by Article 14 A safety contour has been established.
The competent authority referred to in Article 4, first to fourth paragraphs , after consultation with the competent authority, shall, Article 5, first and second paragraphs , a programme which specifies how implementation is to be implemented Article 18, first and second paragraphs , and, where it is likely that, before 1 January 2010, a licence as referred to in Article 2.1, first paragraph, introductory wording and point (a) of the General Provisions Act is granted, to Article 18, third paragraph .
1 If, on the basis of a modified understanding of the location-related risk, it is found that the risk of an establishment as defined by Article 2 (1), first paragraph, parts (a) to (h) , caused locus risk for an object, whether projected or not projected, is greater than 10 -6 (i) a year and that insight leads to rules of our Minister to lay down detailed rules concerning the establishment of that risk, shall assume the powers of the Articles 4 and 5 , to ensure that by way of derogation from Article 18 , within five years of the date of entry into force of those rules, the risk taken place does not exceed the relevant limit value.
2 Article 10, first paragraph , mutatis mutandis, shall apply to the limit values specified in paragraph 1.
Our Minister shall indicate before 1 January 2009 whether the limits and guidelines laid down in this Decision need to be revised.
1 By arrangement of Our Minister, areas may be designated for which:
a. at a later time than mentioned in Article 18, first and second paragraphs , the limit value is met: Article 18, first paragraph , and intended in Article 18, third paragraph , or to the distances specified in Article 18, second paragraph ;
b. by way of derogation from Article 18, first paragraph , a limit value that is equal to the exposure value for a vulnerable object, which is present at the time of designation; or
c. by way of derogation from Article 18, second paragraph , a distance that is equal to the distance to a vulnerable object, which is present at the time of designation.
Our Minister does not designate any areas referred to in the first paragraph:
a. Where the sited risk for a vulnerable object is greater than 10 -5 By year or by the distance corresponding to the arrangement of our Minister;
(b) for which there is insufficient probability that the risk of sited may not be reduced by the application of the risk of exposure to or from the Article 2.22 of the General Provisions Act , or
(c) for which insufficient evidence has been shown to exceed the limit value of the limit value, mentioned in Article 18, first paragraph , and intended in Article 18, third paragraph , or not to respect the distances specified in: Article 18, second paragraph Makes it necessary.
3 In a case referred to in paragraph 1 (a), the competent authority shall, in the case of the Articles 4 and 5 , to ensure that at the time provided for in that section, the limit value mentioned in that section is met for the area designated by our Minister. Article 18, first paragraph , and intended in Article 18, third paragraph , or to the distances specified in Article 18, second paragraph .
4 On the preparation of a designation as referred to in paragraph 1 Section 3.4 of the General Administrative Law applicable.
A regulation of our Minister as referred to in this Decision shall be determined in accordance with our Ministers.
1 If, for an establishment before the date of entry into force of this Decision, a licence as referred to in Article 8.1, first paragraph , or Article 8.1, second paragraph In conjunction with Article 8.1, first paragraph, of the Act has been granted, is, by derogation from Article 7, first paragraph , the limit value, for the purpose of Article 4, third paragraph , for vulnerable objects, projected or unprojected as much higher as the value equal to the degree of risk posed by the relevant establishment at the time of the application for authorisation, with that that value does not exceed 10% -5 Per year. If the value, intended in the first sentence, is greater than or equal to 10 -5 per year, then the limit value, meant in Article 4, third paragraph , 10 -5 Per year.
2 Article 18 without prejudice to application in a case referred to in the first paragraph.
On a zoning plan the draft of which shall, before the date of entry into force of this Decision, in accordance with Article 23, first paragraph, of the Spatial Planning Act has been made available for inspection and after that date in accordance with Article 25 of that Act is determined, Article 13 Not applicable.
1 This Decision shall enter into force on a date to be determined by Royal Decree which may be adopted in a different way for the various articles or parts of such articles.
2 If the time at which Article 18 For a category of devices as intended for Article 2 (1), first paragraph, points (b) to (h) , acting in force, means that it is not reasonably possible to apply to a establishment belonging to that category before 1 January 2010. Article 18, first or second paragraph , to be met, in Article 18, first and second paragraphs , '1 January 2010' shall be replaced by the following: within five years from the date of the Article 18 have entered into force in respect of the establishment concerned.
This decision is referred to as: Decision on external security establishments.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 27 May 2004
Beatrix
The Secretary of State for Housing, Spatial Planning and the Environment,
P. L. B. A. van Geel
Issued on the 10th of June 2004The Minister of Justice,
J. P. H. Donner
