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Decision of 25 June 2015 on the adoption of the Decision of the Risk of Serious Accidents 2015 and of a review of some other acts relating to the implementation of Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96 /82/EC (Decision of the risk of major accident 2015)
We Willem-Alexander, at the grace of God, King of the Netherlands, Prince of Orange-Nassau, etc. etc. etc.
On the nomination of the State Secretary for Infrastructure and the Environment of 17 February 2015, No IenM/BSK-2015/16340, Senior Management Committee and Legal Affairs, also on behalf of the Minister for Social Affairs and Employment and the Minister for Security and Justice;
Having regard 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 withdrawing the risk of dangerous substances Directive 96 /82/EC of the Council (PbEU 2012, L 197) and on the Articles 8.40 , 8.41 , 8.42 , 19.3, first paragraph , and 21.8 of the Environmental Protection Act , the Articles 2.8 and 2.22, third member, of the Law on general provisions , the Articles 6, 1st paragraph , 7, first paragraph , 16, first, seventh, eighth and tenth member , 27, fifth paragraph , 28a, first and seventh member , 33, second and third members , and 34, fourth, fifth, sixth, seventh and ninth member, of the Working Conditions Act. and the Articles 31, 4th paragraph , 48, 6th Member , 49, first member , and 61, second paragraph, of the Law on Security Regions ;
The Department for the Advisory Board of the State Hearing (Opinion of 7 May 2015, No W14.15.0034/IV);
Having regard to the further report of the State Secretary for Infrastructure and the Environment of 23 June 2015, No IenM/BSK-2015/114865, Senior Management Committee and Legal Affairs, also on behalf of the Minister for Social Affairs and Employment and the Minister for Security and Justice;
Have found good and understand:
1 In this Decision and the provisions based thereon, the following definitions shall apply:
Presence of dangerous substances: actual or expected presence of hazardous substances in the establishment or of dangerous substances which can reasonably be foreseen to occur in the event of a loss of control over processes, including storage activities, in installations within the establishment, in quantities equal to or greater than the threshold values specified in Part 1 or Part 2 of Annex I to the Directive;
a. Establishment on which, on 31 May 2015, the Risk of major accident decision 1999 does not apply and to which this Decision applies on or after the day of entry into force of this Decision; or
b. 'upper-tier establishment' means a higher establishment or vice versa on or after the day of entry into force of this Decision,
on grounds other than modifications to installations or activities leading to an amendment to the list of dangerous substances;
Existing establishment: establishment to which on 31 May 2015 it Risk of major accident decision 1999 was applicable and on which this Decision applies on the date of entry into force of this Decision, without any modification of the classification as low-air or upper-tier establishment;
competent authority: Administrative organ as referred to in Article 1.1, first paragraph, of the General Provisions Act ;
Delfsubstances: Substances referred to in Article 1 (a) of the Mining Act ;
operator: the person driving the device;
dangerous substance: Substance or mixture included in Part 1 of Annex I to the Directive or in Part 2 of Annex I;
Upper-tier establishment: establishment where dangerous substances are or may be present in quantities equal to or greater than the quantities specified in column 3 of Part 1 or column 3 of Part 2 of Annex I to the Directive, using the somatic gel as specified in note 4 to Annex I to the Directive;
establishment: Device as intended Article 1.1, first paragraph, of the Environment , being a low-cost establishment or a high-level establishment;
installation: Separate technical unit within an establishment where hazardous substances are produced, used, processed or stored;
Internal emergency plan: plan as referred to in Article 11, first paragraph ;
Low-cost equipment: establishment where dangerous substances are, or may be, in quantities equal to or greater than the quantities specified in column 2 of Part 1 or column 2 of Part 2 of Annex I to the Directive, which are not, however, equal to or greater than then the quantities referred to in column 3 of Part 1 or in column 3 of Part 2 of Annex I to the Directive, using, where appropriate, the somatic gel as specified in note 4 to Annex I to the Directive;
list of dangerous substances: list as specified in Article 6, first paragraph, part f ;
a. Establishment which is being put into service or is being built on or after the day of entry into force of this Decision;
b. Establishment at which on 31 May 2015 the Risk of major accident decision 1999 does not apply and to which this Decision applies to, or after the day of entry into force of this Decision, any modification of installations or activities leading to an amendment of the list of hazardous substances; or
c. low-cost establishment, which is to be established on or after the day of entry into force of this Decision or vice versa, by changes to installations or activities leading to an amendment of the list of dangerous substances;
Environment permit: environment permit for an activity as referred to in Article 2.1, first paragraph, point (e) of the General Provisions Act ;
Our Minister: Our Minister of Infrastructure and the Environment;
storage: presence of a quantity of hazardous substances for storage, safekeeping or stockkeeping;
Major-accident prevention policies: prevention policies as referred to in Article 7, first and second paragraphs ;
Disaster response plan: plan as referred to in Article 6.1.1 of the Decision on security regions ;
Directive: 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 withdrawing the risk of dangerous substances Directive 96 /82/EC of the Council (PbEU 2012, L 197);
Supervisor: persons designated by the competent authority for that purpose, the supervisor, referred to in Article 1, third paragraph, part d, of the Working Conditions Act , or the base of Article 61, first paragraph, of the Safety Regions Act designated persons;
Safety management system: Management system as intended Article 7, sixth paragraph ;
Security report: report as intended Article 10, first to third paragraphs ;
Major accident: event due to unchecked developments during business exercise in a device, causing serious risk to human health or the environment within or outside the establishment immediately or over time. and where one or more dangerous substances are involved.
2 An amendment to Annexes I to IV to the Directive shall apply to the application of this Decision and the provisions based thereon from the date on which the amendment in question must be implemented, except in the case of ministerial meetings; A decision, which shall be published in the Official Journal, shall be decided at a different time.
1 This Decision shall not apply to:
a. Military equipment, plant or storage site;
(b) transport of dangerous goods by road, rail, inland waterway, sea or air and temporary storage directly related to such transport, unless the activities are part of an establishment;
c. Transport of dangerous substances by pipe lines as intended Article 12.11, first paragraph, part d, of the Environment , unless the tube lines are part of an establishment;
d. exploitation, being the exploration, extraction and processing of minerals in mines, quarries or by means of boreholes;
Offshore exploration and exploitation of minerals;
f. offshore underground gas storage, including in any case specific storage sites and locations, where mineral exploration and exploitation is also done;
g. landfill sites for waste, including underground storage of waste.
2 By way of derogation from the first paragraph, points (d) and (g), this Decision shall apply to:
a. onshore underground gas storage in natural earth deposits, water-containing ground layers, salt cavity and no longer used mines; and
b. Chemical and thermal processing and storage related to those activities, involving dangerous substances, as well as operational provisions for the disposal of residues, including residual ponds or residues. which contain hazardous substances.
1 The provisions of this Decision shall apply mutatis mutandis to the employer, other than the operator, in so far as it concerns the protection of the safety and health of workers employed in the establishment.
2 The provisions of this Decision shall apply mutatis mutandis to the self-employed and employer employed in the establishment, which carries out the work itself, in so far as it concerns their own safety and health.
3 The operator, the employer, referred to in the first paragraph, and the selfemployed person and employer as referred to in second paragraph, shall, without prejudice to their own responsibility, give joint and consultation implementation to the provisions of, or pursuant to, the provisions of this Decision. regard for the protection of the safety and health of:
a. The workers employed in the establishment;
(b) the self-employed person referred to in second paragraph; and
(c) the employer, referred to in second paragraph.
1 The competent authority shall ensure coordination in the exercise of powers granted by, or pursuant to, this Decision.
2 The authorities responsible for the implementation or enforcement of the provisions of or pursuant to this Decision shall without delay communicate to each other the information at their disposal, provided that such information is necessary for the proper performance of their information. tasks.
3 Any exercise of powers referred to in paragraph 1 shall be aligned with the authorities referred to in the second paragraph.
4 The operator may submit to or pursuant to this Decision data which have been collected for satisfaction of other legal requirements, to the extent that such data comply with or pursuant to this Decision.
5 In agreement with Our Minister, in agreement with Our Ministers of Social Affairs and Employment and Security and Justice, more detailed rules may be laid down regarding the first to fourth members.
1 The operator shall take all measures necessary to prevent major accidents and reduce their impact on human health and the environment.
2 The operator may, at any time, demonstrate to the designated supervisors that he has taken all necessary measures.
3 It shall be prohibited to have effect on the establishment or part thereof where the measures to be taken by or pursuant to this Decision have not been taken or have been clearly insufficiently carried out.
1 The operator shall transmit to the competent authority a notification containing the following:
a. The name or trade name of the operator;
(b) the full address of the establishment;
(c) the seat of the operator and the address of the operator, if different from item (b);
(d) the name and function of the person in charge of the establishment, if that person is not the operator;
e. the information necessary to identify the hazardous substances and the category of substances that may be present or may be present in the establishment;
f. a list of the quantities, nature and physical forms of the dangerous substances that may be present in the establishment;
g. the activities carried out in the establishment;
h. information about the immediate environment of the establishment and the factors that may cause a major accident or which may affect its effects more seriously.
2 The operator of an upper-tier establishment shall also include in the notification the group risk and the risk of placement, as specified in the notification. Article 1, first paragraph, part j, part o of the Decision on external security -From the facility.
3 The notification referred to in paragraph 1 or its updating shall be transmitted by the operator to the competent authority:
a. For new establishments, in the application for an environment permit;
b. For existing establishments and other establishments, within one year from the date on which this Decision applies to the establishment.
4 The third paragraph shall not apply where:
(a) the operator has already sent a notification prior to the day of entry into force of this Decision, or has already submitted the data referred to in paragraphs 1 and 2 to the competent authority in the application for an environmental permit;
(b) the information contained therein complies with the first and second paragraphs; and
c. Those data are unchanged.
5 The operator shall notify the competent authority of:
a. significant increase or reduction in the amount of dangerous substance included in the list of hazardous substances;
b. A significant change to:
1 °. the nature or the physical form of a dangerous substance in the list of dangerous substances;
2 ° the processes in which a dangerous substance is included in the list of dangerous substances is used;
(c) modifications of an establishment or installation likely to have a significant impact on the hazards of major accidents;
(d) the final closure of the establishment or its decommissioning; or
(e) changes to the data referred to in paragraph 1 (a) to (d).
6 The operator shall inform the competent authority of the changes referred to in paragraph 5 of the application for an environment permit or well before the change takes place.
7 The operator shall ensure that the list of dangerous substances can be consulted by each one.
8 By arrangement of Our Minister, in accordance with Our Ministers of Social Affairs and Employment and Security and Justice, more detailed rules may be made regarding the first and fifth to seventh members.
1 The operator shall draw up a written document describing the prevention policy for the control of major-accident hazards. The prevention policy shall contain:
a. the general aims of the operator's actions;
b. The principles governing the operation of the operator;
c. the role and responsibility of management; and
d. the commitment to continuously improve the control of major-accident hazards and to ensure high levels of protection.
2 The major-accident prevention policy guarantees a high level of protection of human health and the environment and is proportionate to the dangers of major accidents.
3 The major-accident prevention policy shall be drawn up:
a. For new establishments, in the application for an environment permit;
b. For existing establishments and other establishments, within one year from the date on which this Decision applies to the establishment.
4 The third paragraph shall not apply where:
(a) the operator has already established a major accident prevention policy prior to the day of entry into force of this Decision;
(b) the information contained therein complies with the first and second paragraphs; and
c. Those data are unchanged.
5 Without prejudice Article 9 , the operator shall review the major-accident prevention policy at least once every five years. If necessary, the operator shall update the prevention policy.
6 The operator shall ensure the correct implementation of the major-accident prevention policy. Major-accident prevention policies shall be implemented with a safety management system complying with the elements listed in Annex III to the Directive, and by appropriate means and structures proportional to the hazards of heavy accidents. accidents and the complexity of the organisation or activities of the establishment.
7 By arrangement of Our Minister, in accordance with Our Ministers of Social Affairs and Employment and Security and Justice, further rules may be made regarding the first, second, fifth and sixth members.
1 On the basis of all available information, the competent authority shall designate establishments or groups of establishments in respect of which the risk of a major accident or its effects, as a result of the geographical location of these establishments, is linked to one another. and the presence of dangerous substances in those establishments may be higher than the expected amounts present in those individual establishments.
2 Where the competent authority has data as referred to in Article 6, first paragraph, part h , which have not been provided by the operator, such information shall be made available to that operator, to the extent necessary for the purposes of this Article.
3 The operators of the establishments referred to in the first paragraph shall exchange information necessary to take account of the nature and extent of the risk of a major accident, for the purpose of the major accident prevention policy, the safety management system, and where applicable, the safety report and the internal emergency plan.
4 The operators of the establishments referred to in the first paragraph shall cooperate with a view to informing the public and the nearby undertakings which are outside the scope of this Decision and with a view to providing the public with a view to providing a information for the purpose of preparing the Disaster Relief Plan by the Board of the Security Region, intended to Article 6.1.1 of the Decision on security regions .
5 In agreement with Our Minister, in agreement with Our Ministers of Social Affairs and Employment and Security and Justice, more detailed rules may be laid down regarding the first to fourth members.
(1) In the case of modification of an installation, establishment, storage or process or of the nature, physical form or quantities of dangerous substances which may have important consequences for the hazards of major accidents, or an upper-tier establishment is established or vice versa, and for which no environmental permit is required on the basis of Article 2.4 of the Environmental Law Decision , the operator shall update, if necessary, the notification, the major accident prevention policy, the safety management system and the safety report, if that is not already in compliance with or pursuant to this Decision.
2 The operator shall inform the competent authority of the details of the changes referred to in the first paragraph before the amendment takes place.
1 The operator of an upper-tier system shall draw up a safety report and shall ensure that a safety report is present in the establishment which reflects the current state of safety of the establishment concerned.
2 The safety report shall contain at least the particulars and descriptions referred to in Annex II to the Directive, in such a way as to demonstrate that:
a. A major accident prevention policy and a safety management system have been introduced;
b. The hazards of major accidents and accident scenarios have been identified and the necessary measures have been taken to prevent those major accidents and to reduce their impact on human health and the environment;
c. the design, construction, operation and maintenance of all installations related to the operation, storage areas, equipment and infrastructure associated with the hazards of a major accident within the system. establishment, being sufficiently safe and reliable; and
d. An internal emergency plan has been introduced.
3 The safety report shall also include the names of the organisations involved in the preparation of that report and shall demonstrate that the data necessary to draw up a disaster response plan are available.
4 The safety report shall be drawn up by the operator and sent to the competent authority:
a. For new establishments, in the application for an environment permit;
b. For existing establishments, before 1 June 2016;
c. For other establishments, within two years, from the date of application of this Decision to the establishment.
5 The fourth paragraph shall not apply where:
(a) the operator has already sent a safety report prior to the day of entry into force of this Decision;
(b) the information contained therein complies with the second to fourth paragraphs; and
c. Those data are unchanged.
6 If only parts of the safety report are required under the first to third paragraphs, the operator shall provide such modified parts in an intelligible form, in accordance with the fourth paragraph.
7 Without prejudice Article 9 , the operator shall review the safety report at least every five years. If necessary, the operator shall update the safety report.
8 Without prejudice to the seventh paragraph, the operator shall re-examine the safety report and, if necessary, update the safety report following a major accident in his establishment and at any other time at the initiative of the operator or at the request of the competent authority, where new facts so warrant or to take account of new technical knowledge concerning security.
9 The security report updated in accordance with paragraph 7 or 8 of this paragraph or updated parts thereof shall be sent by the operator without delay to the competent authority.
10 The competent authority shall evaluate the safety report and inform the operator of its conclusions as a result of the safety report within a reasonable period of time.
11 The safety report and amendments thereto, in so far as they relate to Parts 1, 2 (b) and (d), (3), (4) and (5) of Annex II to the Directive, in so far as those parts are related to the protection of the safety and health of the products in question, and to the safety and health of the workers shall be prepared, in the absence of a works council or a staff representation, with the consultation of the workers concerned, prior to transmission to the competent authority.
12 The operator shall ensure that, if required, the safety report components referred to in paragraph 2 above may be taken into account:
a. The workers employed in the establishment;
b. The business aid providers referred to in Article 15, first paragraph, of the Working Conditions Act ;
c. the external assistance organisations referred to in Article 3, first paragraph, part (e) of the Working Conditions Act ;
d. the experts, named in Article 13, second paragraph, of the Working Conditions Act ;
e. the experts or arboservices mentioned in the Articles 14 and 14a of the ArbeidsomstandigitsAct ; and
f. persons employed in the establishment, named in Article 3, second paragraph .
13 By arrangement of Our Minister, in accordance with Our Ministers of Social Affairs and Employment and Security and Justice, more detailed rules may be made regarding the first to third paragraphs and the sixth to tenth. Member.
1 The operator of an upper-tier system shall prepare an internal emergency plan for the implementation of measures to be implemented in the event of a major accident within the establishment, aimed at containment, control and as far as possible the reduction of major accidents and the -effects on the persons employed in the establishment, mentioned in Article 3, first or second paragraph , the environment and business, mentioned in Article 10 (c), second paragraph , and for external communication in the event of a major accident. The internal emergency plan shall contain at least the data and descriptions set out in Annex IV to the Directive.
2 The operator shall monitor the internal emergency plan at least every three years. If necessary, the operator shall update the internal emergency plan. In so doing, the operator shall take into account the work and production methods used in the establishment and the external assistance organisations referred to in the Annex. Article 3, first paragraph, part (e) of the Working Conditions Act , changes of technical or organisational nature and changes in the safety oversight which may have important consequences for the risks of a major accident.
3 The internal emergency plan and its amendment shall be drawn up, in the absence of a works council or staff representation, with the consultation of the workers concerned. The internal emergency plan and the change thereto shall also be consulted to the employees of other employers who are employed in the establishment on the basis of a long-term contract for the adoption of employment.
4 The operator shall ensure that, if appropriate, the internal emergency plan may be notified:
a. workers employed in the establishment;
b. The business aid providers referred to in Article 15, first paragraph, of the Working Conditions Act ;
c. the external assistance organisations referred to in Article 3, first paragraph, part (e) of the Working Conditions Act ;
d. the experts, named in Article 13, second paragraph, of the Working Conditions Act ;
e. the experts or arboservices mentioned in the Articles 14 and 14a of the ArbeidsomstandigitsAct ; and
f. the persons employed in establishment, mentioned in Article 3, second paragraph .
5 The internal emergency plan shall be drawn up:
a. For new establishments, within a reasonable period of time before commissioning, or prior to modifications leading to an adaptation of the list of dangerous substances;
b. For existing upper-tier establishments, before 1 June 2016;
c. For other establishments, within two years, from the date of application of this Decision to the establishment.
6 The fifth paragraph, point (b), shall not apply where:
(a) the operator has already established an internal emergency plan for the day of entry into force of this Decision;
(b) the data contained therein comply with the second paragraph; and
c. Those data are unchanged.
7 By arrangement of Our Minister, in agreement with Our Ministers of Social Affairs and Employment and Security and Justice, further rules may be put in place for the elaboration of the first member.
1 The operator of an upper-tier system shall keep a current list of dangerous substances present in the establishment and shall ensure that the list is present at all times in the establishment. This list shall include:
a. A description of the dangerous substances present in the establishment;
b. the nature and physical form of these substances under the conditions applicable in the establishment and in the case of a foreseeable accident; and
c. the quantities in which these substances are present in the establishment.
2 The operator shall ensure that public service provision services are directly accessible for each installation to the list referred to in the first paragraph.
3 By arrangement of our Minister, in agreement with Our Ministers of Social Affairs and Employment and Security and Justice, more detailed rules may be set for the elaboration of the first and second members.
1 The supervisors shall jointly provide for the preparation and management of an inspection system.
2 Inspections shall be adapted to the type of establishment and shall not depend on receipt of the safety report or other reports submitted.
3 Inspections are set up in such a way as to allow a systematic, systematic, technical, organisational and operational examination of the systems used in the establishment to verify whether:
(a) the operator can demonstrate that the appropriate measures have been taken to prevent major accidents;
(b) the operator can demonstrate that adequate means are provided to limit the impact of major accidents inside and outside the establishment; and
c. the data and information contained in the safety report or in any other report submitted, adequately reflect the situation in the establishment.
4 The supervisors shall jointly establish an inspection plan for all establishments.
5 The inspection plan shall contain at least:
a. a general assessment of the relevant safety issues;
b. the geographical area covered by the inspection plan;
c. a list of the establishments covered by the plan;
d. a list of the establishments designated in accordance with Article 8, first paragraph ;
e. a list of establishments in which specific external risks or hazard sources may increase the risk or consequences of a major accident;
f. Procedures for routine inspections, including those for such inspections, referred to in the seventh paragraph;
g. procedures for non-routine inspections as referred to in the 12th paragraph; and
h. provisions on cooperation between the various inspection services.
6 The supervisors regularly review the inspection plan. If necessary, the supervisors shall update the inspection plan.
7 The supervisors shall regularly draw up programmes for routine and non-routine inspections of all establishments on the basis of the inspection plans.
8 The programmes referred to in paragraph 7 shall indicate, in any event, the frequency of on-the-spot inspections for the various types of establishments. The maximum period between successive inspections on the spot shall not exceed:
a. One year for upper-tier establishments;
b. Three years for low-threshold devices.
9 The eighth paragraph, second sentence, shall not apply where the supervisors have drawn up an inspection programme on the basis of a systematic evaluation of the hazards of major accidents to the establishments concerned.
10 In any case, the systematic evaluation of the hazards of the establishments concerned shall be based on:
a. the potential effects of the establishments concerned on human health and the environment;
(b) information relating to compliance with the provisions of this Decision.
11 Without prejudice to the 10th paragraph, findings of inspections carried out under other legal requirements shall be taken into account where relevant.
12 Non-routine inspections are carried out to investigate serious complaints, serious accidents and near misses, incidents and cases of non-compliance as soon as possible.
13 The supervisors shall inform the operator of the conclusions of the inspection within four months of each inspection.
14 The supervisors shall ensure that the operator takes the necessary actions within a reasonable period after receipt of the communication referred to in the thirteenth paragraph.
15 An additional inspection shall be carried out within six months if a major infringement of the assessment made by, or pursuant to, this Decision is found.
16 The inspections shall be coordinated as far as possible and, as far as possible, combined with inspections carried out under other legal provisions.
17 In any event, it shall give the competent authority:
a. the date of the last routine inspection on site at an establishment or a reference to the place where that information can be consulted electronically; and
b. information on how to obtain more detailed information on the inspection and inspection plan upon request.
18 By arrangement of Our Minister, in accordance with Our Ministers of Social Affairs and Employment and Security and Justice, further rules may be made regarding the third, sixth to eighth, 10th to 12th. and the fourteenth up to seventeenth member.
By arrangement of Our Minister, in agreement with Our Ministers of Social Affairs and Employment and Security and Justice, rules are laid down regarding the data provided by the operator following a major accident. Supervisory authority and supervision of the supervision of the supervisory authority.
1 As data referred to in Article 19.3, first paragraph, final sentence, of the Environmental Protection Act shall be designated:
a. the current list of dangerous substances present in the establishment, intended in Article 12 ;
b. the inspection report, which is the report showing the findings of the supervisor;
c. the list of dangerous substances; and
d. the safety report.
2 If the supervisor, as regards the inspection report referred to in paragraph 1 (a), or the competent authority, applies to the safety report, to the power specified in the report, the competent authority shall be responsible for the application of the inspection report. Article 19.3, first paragraph, first sentence, of the Environmental Management Act A modified report shall be made available, containing at least general information on major-accident hazards, the possible effects on human health and the environment in the event of a major accident and, where appropriate, the findings.
If, pursuant to the first and second paragraphs, a modified safety report has been produced which has omitted the description of certain substances, an indication of those substances on the list of dangerous substances shall also be omitted.
Action or failure to act in violation of, or under Article 48, sixth paragraph, of the Safety Regions Act in the Articles 10, third and seventh to ninth paragraphs , Article 12, first and second paragraphs , certain, is a criminal offence as referred to in Article 1a, below 1 °, of the Law on Economic Crimes .
1 Act or omissions by the employer, the operator, or the employer, intended to be carried out by the employer. Article 3, first paragraph , contrary to whether or not to Article 6, first paragraph, second sentence, of the Working Conditions Act at or by virtue of the Articles 3, first and third paragraphs , 5 , 6, first, third, fifth to eighth members , 7, first, second, third, fifth, sixth and seventh member , 8, third to fifth members , 9 , 10, first to fourth, sixth through ninth, eleventh to thirteenth member , 11, first to fifth and seventh members , 12 , 13, third member , 14 or 15, second paragraph , certain, is a criminal offence as referred to in Article 6, third paragraph, of the Working Conditions Act .
2 If any offence for which a administrative fine may be imposed is deemed to be the act or omission by the employer, the operator, the employer, intended to Article 3, first paragraph , whether the self-employed or selfemployed person working in the establishment is in breach of the provisions of Article 3, second paragraph, or of the articles referred to in paragraph 1, with the exception of: Article 5, third paragraph .
3 As a serious offence in the sense of Article 34, sixth and ninth paragraph, of the Working Conditions Act An infringement to which the employer, the operator, the employer, is to be regarded as intended to be Article 3, first paragraph -whether the self-employed or selfemployed person working in the establishment knows or should reasonably know that there is a risk of life or serious damage to the health of one or more of the workers or workers of the institution working in the establishment. self-employed or employer who is the work, arises or is to be expected.
4 As similar obligations and prohibitions as referred to in Article 34, fifth and seventh paragraph, of the Working Conditions Act shall be designated obligations and prohibitions arising out of any member or part of the articles and members referred to in paragraph 1 of this Article, provided that the penalty amount for the administrative penalty for the offence of infringement of that paragraph is not this obligation, or that prohibition on the basis of the policy rules referred to in Article 34 (10) of the Working Conditions Act, is greater than EUR 12,500.
5 By way of derogation from the fourth paragraph, an infringement of Article 5, first paragraph , or Article 7, sixth paragraph , marked as a similar offence if the penalty amount of the penalty for this violation under the policy rules, is to be found in the Article 34, 10th paragraph of the Working Conditions Act , is classified in the same bone category as the penalty amount of the previous infringement.
6 For the purposes of compliance with the provisions referred to in paragraph 1, a burden may be imposed under administrative constraints.
1 After a recurrence of an offence or a similar violation may be a warning as intended Article 28a, first paragraph, of the Working Conditions Act , be given and if again the same or a similar offence was detected as referred to in that article, the employer, as an operator, or the employer, may be intended to Article 3, first paragraph , an order shall be imposed by the official designated for that purpose that the work he has appointed shall be suspended for a period of not more than three months or not to commence it.
2 If the nature of the offence or the circumstances connected with the infringement, or the consequences of the cessation of work to do so, may be waived with a warning and an order as referred to in the Annex. First member.
3 Of a similar offence referred to in the first and second paragraphs, is if it is a violation of whether it is by or under any other member or part of the Article 17, first paragraph , as regards the articles mentioned, provided that the penalty amount of the penalty for the administrative fine of that offence pursuant to the policy rules, is intended to be used in the Article 34, 10th paragraph of the Working Conditions Act Higher than 50,000 euros.
4 By way of derogation from the third paragraph, an infringement of Article 5, first paragraph , and Article 7, sixth paragraph , marked as a similar offence if the penalty enormity of this violation pursuant to the policy rules referred to in Article 34, 10th paragraph of the Working Conditions Act is classified in the same class category as the penalty rate of the previous infringement.
1 On the offences and offences referred to in Article 4 (1) of Regulation (EEC) No 41/17 (1), recorded by a supervisor prior to the date of entry into force of this Decision, and Article 25 of the Decision of the Risk of Serious Accidents 1999 , the rules applicable shall continue to apply at the time of the finding of the offence, or the infringement.
2 On the preceding day of entry into force of this Decision in respect of a criminal offence or offence referred to in Article 25 of the Decision of the Risk of Serious Accidents 1999 Where an administrative penalty is imposed by a supervisor, and is subject to appeal by a right of appeal or appeal by a right of appeal or appeal, the rules applicable shall continue to be applied at the time of the appeal. (i) the imposition of the administrative fine, the penalty being the case.
3 On the appeals, appeals, appeals and cassation pending before the day of entry into force of this Decision, relating to a criminal offence or infringement as referred to in Article 3 (1) of the Article 25 of the Decision of the Risk of Serious Accidents 1999 Where administrative penalties imposed by a supervisor and a sentence imposed by a court shall continue to apply, the rules applicable at the time of the lodging of the notice of appeal, the lodging of the appeal, the appeal, -The cassation is the same.
1 On a prior date of entry into force of this Decision in relation to the non-compliance of an at or under the Risk of major accident decision 1999 Obligation issued by a decision imposing a charge under administrative force or periodic penalty payment, subject to compliance with the requirement of compliance Article 27 of the Working Conditions Act , continue to apply the rules to that effect at the time when the decision to impose a charge under administrative force or periodic penalty payments is imposed on the imposition of the obligation to comply.
2 On the preceding day of entry into force of this Decision in relation to the non-compliance of an at or under the Risk of major accident decision 1999 Obligation issued by a decision imposing a charge under administrative force or periodic penalty payment, subject to compliance with the requirement of compliance Article 27 of the Working Conditions Act , against which an appeal, appeal or appeal is open, shall remain applicable to or under the Risk of major accident decision 1999 rules, such as those laid down prior to the day of entry into force of this Decision.
3 On the letters of objection, appeals and appeals lodged before the date of entry into force of this Decision, proceedings against an infringement of a person's failure to comply with or pursuant to Risk of major accident decision 1999 Obligation issued by a decision imposing a charge under administrative force or periodic penalty payment, subject to compliance with the requirement of compliance Article 27 of the Working Conditions Act , the rules governing the application of the appeal, at the time of the submission of the appeal, shall continue to apply, on the other hand, by the appeal, on the other.
The Risk of major accident decision 1999 and the Risk of major accident scheme 1999 shall be withdrawn.
This decision is cited as: Decision of the major accident hazards 2015.
This Decision shall enter into force from the day following the date of issuance of the Official Journal in which it is placed.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
Wassenaar, 25 June 2015
William-Alexander
The State Secretary for Infrastructure and the Environment,
W.J. Mansveld
The Minister for Social Affairs and Employment,
L.F. Asscher
The Minister for Security and Justice,
G.A. van der Steur
Published on the seventh of July 2015The Minister for Security and Justice,
G.A. van der Steur
