Mindful of the special importance, in the interest of present and future generations, of protecting human beings and the environment against the effects of industrial accidents,
Recognizing the importance and urgency of preventing serious adverse effects of industrial accidents on human beings and the environment, and of promoting all measures that stimulate the rational, economic and efficient use of preventive, preparedness and response measures to enable environmentally sound and sustainable economic development,
Taking into account the fact that the effects of industrial accidents may make themselves felt across borders, and require cooperation among States,
Affirming the need to promote active international cooperation among the States concerned before, during and after an accident, to enhance appropriate policies and to reinforce and coordinate action at all appropriate levels for promoting the prevention of, preparedness for and response to the transboundary effects of industrial accidents,
Noting the importance and usefulness of bilateral and multilateral arrangements for the prevention of, preparedness for and response to the effects of industrial accidents,
Conscious of the role played in this respect by the United Nations Economic Commission for Europe (ECE) and recalling, inter alia, the ECE Code of Conduct on Accidental Pollution of Transboundary Inland Waters and the Convention on Environmental Impact Assessment in a Transboundary Context,
Having regard to the relevant provisions of the Final Act of the Conference on Security and Cooperation in Europe (CSCE), the Concluding Document of the Vienna Meeting of Representatives of the Participating States of the CSCE, and the outcome of the Sofia Meeting on the Protection of the Environment of the CSCE, as well as to pertinent activities and mechanisms in the United Nations Environment Programme (UNEP), in particular the APELL programme, in the International Labour Organisation (ILO), in particular the Code of Practice on the Prevention of Major Industrial Accidents, and in other relevant international organizations,
Considering the pertinent provisions of the Declaration of the United Nations Conference on the Human Environment, and in particular principle 21, according to which States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction,
Taking account of the polluter-pays principle as a general principle of international environmental law,
Underlining the principles of international law and custom, in particular the principles of good-neighbourliness, reciprocity, non-discrimination and good faith,
(a) "Industrial accident" means an event resulting from an uncontrolled development in the course of any activity involving hazardous substances either:
(b) "Hazardous activity" means any activity in which one or more hazardous substances are present or may be present in quantities at or in excess of the threshold quantities listed in Annex I hereto, and which is capable of causing transboundary effects;
(c) "Effects" means any direct or indirect, immediate or delayed adverse consequences caused by an industrial accident on, inter alia:
(d) "Transboundary effects" means serious effects within the jurisdiction of a Party as a result of an industrial accident occurring within the jurisdiction of another Party;
1. This Convention shall apply to the prevention of, preparedness for and response to industrial accidents capable of causing transboundary effects, including the effects of such accidents caused by natural disasters, and to international cooperation concerning mutual assistance, research and development, exchange of information and exchange of technology in the area of prevention of, preparedness for and response to industrial accidents.
1. The Parties shall, taking into account efforts already made at national and international levels, take appropriate measures and cooperate within the framework of this Convention, to protect human beings and the environment against industrial accidents by preventing such accidents as far as possible, by reducing their frequency and severity and by mitigating their effects. To this end, preventive, preparedness and response measures, including restoration measures, shall be applied.
2. The Parties shall, by means of exchange of information, consultation and other cooperative measures and without undue delay, develop and implement policies and strategies for reducing the risks of industrial accidents and improving preventive, preparedness and response measures, including restoration measures, taking into account, in order to avoid unnecessary duplication, efforts already made at national and international levels.
3. The Parties shall ensure that the operator is obliged to take all measures necessary for the safe performance of the hazardous activity and for the prevention of industrial accidents.
4. To implement the provisions of this Convention, the Parties shall take appropriate legislative, regulatory, administrative and financial measures for the prevention of, preparedness for and response to industrial accidents.
1. For the purpose of undertaking preventive measures and setting up preparedness measures, the Party of origin shall take measures, as appropriate, to identify hazardous activities within its jurisdiction and to ensure that affected Parties are notified of any such proposed or existing activity.
2. Parties concerned shall, at the initiative of any such Party, enter into discussions on the identification of those hazardous activities that are, reasonably, capable of causing transboundary effects. If the Parties concerned do not agree on whether an activity is such a hazardous activity, any such Party may, unless the Parties concerned agree on another method of resolving the question, submit that question to an inquiry commission in accordance with the provisions of Annex II hereto for advice.
4. When a hazardous activity is subject to an environmental impact assessment in accordance with the Convention on Environmental Impact Assessment in a Transboundary Context and that assessment includes an evaluation of the transboundary effects of industrial accidents from the hazardous activity which is performed in conformity with the terms of this Convention, the final decision taken for the purposes of the Convention on Environmental Impact Assessment in a Transboundary Context shall fulfil the relevant requirements of this Convention.
Parties concerned should, at the initiative of any of them, enter into discussions on whether to treat an activity not covered by Annex I as a hazardous activity. Upon mutual agreement, they may use an advisory mechanism of their choice, or an inquiry commission in accordance with Annex II, to advise them. Where the Parties concerned so agree, this Convention, or any part thereof, shall apply to the activity in question as if it were a hazardous activity.
1. The Parties shall take appropriate measures for the prevention of industrial accidents, including measures to induce action by operators to reduce the risk of industrial accidents. Such measures may include, but are not limited to those referred to in Annex IV hereto.
2. With regard to any hazardous activity, the Party of origin shall require the operator to demonstrate the safe performance of the hazardous activity by the provision of information such as basic details of the process, including but not limited to, analysis and evaluation as detailed in Annex V hereto.
Within the framework of its legal system, the Party of origin shall, with the objective of minimizing the risk to the population and the environment of all affected Parties, seek the establishment of policies on the siting of new hazardous activities and on significant modifications to existing hazardous activities. Within the framework of their legal systems, the affected Parties shall seek the establishment of policies on significant developments in areas which could be affected by transboundary effects of an industrial accident arising out of a hazardous activity so as to minimize the risks involved. In elaborating and establishing these policies, the Parties should consider the matters set out in Annex V, paragraph 2, subparagraphs (1) to (8), and Annex VI hereto.
1. The Parties shall take appropriate measures to establish and maintain adequate emergency preparedness to respond to industrial accidents. The Parties shall ensure that preparedness measures are taken to mitigate transboundary effects of such accidents, onsite duties being undertaken by operators. These measures may include, but are not limited to those referred to in Annex VII hereto. In particular, the Parties concerned shall inform each other of their contingency plans.
2. The Party of origin shall ensure for hazardous activities the preparation and implementation of on-site contingency plans, including suitable measures for response and other measures to prevent and minimize transboundary effects. The Party of origin shall provide to the other Parties concerned the elements it has for the elaboration of contingency plans.
3. Each Party shall ensure for hazardous activities the preparation and implementation of off-site contingency plans covering measures to be taken within its territory to prevent and minimize transboundary effects. In preparing these plans, account shall be taken of the conclusions of analysis and evaluation, in particular the matters set out in Annex V, paragraph 2, subparagraphs (1) to (5). Parties concerned shall endeavour to make such plans compatible. Where appropriate, joint off-site contingency plans shall be drawn up in order to facilitate the adoption of adequate response measures.
1. The Parties shall ensure that adequate information is given to the public in the areas capable of being affected by an industrial accident arising out of a hazardous activity. This information shall be transmitted through such channels as the Parties deem appropriate, shall include the elements contained in Annex VIII hereto and should take into account matters set out in Annex V, paragraph 2, subparagraphs (1) to (4) and (9).
2. The Party of origin shall, in accordance with the provisions of this Convention and whenever possible and appropriate, give the public in the areas capable of being affected an opportunity to participate in relevant procedures with the aim of making known its views and concerns on prevention and preparedness measures, and shall ensure that the opportunity given to the public of the affected Party is equivalent to that given to the public of the Party of origin.
3. The Parties shall, in accordance with their legal systems and, if desired, on a reciprocal basis provide natural or legal persons who are being or are capable of being adversely affected by the transboundary effects of an industrial accident in the territory of a Party, with access to, and treatment in the relevant administrative and judicial proceedings, including the possibilities of starting a legal action and appealing a decision affecting their rights, equivalent to those available to persons within their own jurisdiction.
1. The Parties shall, with the aim of obtaining and transmitting industrial accident notifications containing information needed to counteract transboundary effects, provide for the establishment and operation of compatible and efficient industrial accident notification systems at appropriate levels.
2. In the event of an industrial accident, or imminent threat thereof, which causes or is capable of causing transboundary effects, the Party of origin shall ensure that affected Parties are, without delay, notified at appropriate levels through the industrial accident notification systems. Such notification shall include the elements contained in Annex IX hereto.
1. The Parties shall ensure that, in the event of an industrial accident, or imminent threat thereof, adequate response measures are taken, as soon as possible and using the most efficient practices, to contain and minimize effects.
2. In the event of an industrial accident, or imminent threat thereof, which causes or is capable of causing transboundary effects, the Parties concerned shall ensure that the effects are assessed - where appropriate, jointly for the purpose of taking adequate response measures. The Parties concerned shall endeavour to coordinate their response measures.
1. If a Party needs assistance in the event of an industrial accident, it may ask for assistance from other Parties, indicating the scope and type of assistance required. A Party to whom a request for assistance is directed shall promptly decide and inform the requesting Party whether it is in a position to render the assistance required and indicate the scope and terms of the assistance that might be rendered.
2. The Parties concerned shall cooperate to facilitate the prompt provision of assistance agreed to under paragraph 1 of this Article, including, where appropriate, action to minimize the consequences and effects of the industrial accident, and to provide general assistance. Where Parties do not have bilateral or multilateral agreements which cover their arrangements for providing mutual assistance, the assistance shall be rendered in accordance with Annex X hereto, unless the Parties agree otherwise.
The Parties shall, as appropriate, initiate and cooperate in the conduct of research into, and in the development of methods and technologies for the prevention of, preparedness for and response to industrial accidents. For these purposes, the Parties shall encourage and actively promote scientific and technological cooperation, including research into less hazardous processes aimed at limiting accident hazards and preventing and limiting the consequences of industrial accidents.
1. The Parties shall, consistent with their laws, regulations and practices, facilitate the exchange of technology for the prevention of, preparedness for and response to the effects of industrial accidents, particularly through the promotion of:
2. In promoting the activities specified in paragraph 1, subparagraphs (a) to (d) of this Article, the Parties shall create favourable conditions by facilitating contacts and cooperation among appropriate organizations and individuals in both the private and the public sectors that are capable of providing technology, design and engineering services, equipment or finance.
1. Each Party shall designate or establish one or more competent authorities for the purposes of this Convention.
2. Without prejudice to other arrangements at the bilateral or multilateral level, each Party shall designate or establish one point of contact for the purpose of industrial accident notifications pursuant to Article 10, and one point of contact for the purpose of mutual assistance pursuant to Article 12. These points of contact should preferably be the same.
3. Each Party shall, within three months of the date of entry into force of this Convention for that Party, inform the other Parties, through the secretariat referred to in Article 20, which body or bodies it has designated as its point(s) of contact and as its competent authority or authorities.
4. Each Party shall, within one month of the date of decision, inform the other Parties, through the secretariat, of any changes regarding the designation(s) it has made under paragraph 3 of this Article.
5. Each Party shall keep its point of contact and industrial accident notification systems pursuant to Article 10 operational at all times.
1. The representatives of the Parties shall constitute the Conference of the Parties of this Convention and hold their meetings on a regular basis. The first meeting of the Conference of the Parties shall be convened not later than one year after the date of the entry into force of this Convention. Thereafter, a meeting of the Conference of the Parties shall be held at least once a year or at the written request of any Party, provided that, within six months of the request being communicated to them by the secretariat, it is supported by at least one third of the Parties.
(b) Carry out advisory functions aimed at strengthening the ability of Parties to prevent, prepare for and respond to the transboundary effects of industrial accidents, and at facilitating the provision of technical assistance and advice at the request of parties faced with industrial accidents;
(c) Establish, as appropriate, working groups and other appropriate mechanisms to consider matters related to the implementation and development of this Convention and, to this end, to prepare appropriate studies and other documentation and submit recommendations for consideration by the Conference of the Parties;
3. The Conference of the Parties, in discharging its functions, shall, when it deems appropriate, also cooperate with other relevant international organizations.
4. The Conference of the Parties shall, at its first meeting, establish a programme of work, in particular with regard to the items contained in Annex XII hereto. The Conference of the Parties shall also decide on the method of work, including the use of national centres and cooperation with relevant international organizations and the establishment of a system with a view to facilitating the implementation of this Convention, in particular for mutual assistance in the event of an industrial accident, and building upon pertinent existing activities within relevant international organizations. As part of the programme of work, the Conference of the Parties shall review existing national, regional and international centres, and other bodies and programmes aimed at coordinating information and efforts in the prevention of, preparedness for and response to industrial accidents, with a view to determining what additional international institutions or centres may be needed to carry out the tasks listed in Annex XII.
5. The Conference of the Parties shall, at its first meeting, commence consideration of procedures to create more favourable conditions for the exchange of technology for the prevention of, preparedness for and response to the effects of industrial accidents.
1. Except as provided for in paragraph 2 of this Article, each Party to this Convention shall have one vote.
2. Regional economic integration organizations as defined in Article 27 shall, in matters within their competence, exercise their right to vote with a number of votes equal to the number of their member States which are Parties to this Convention. Such organizations shall not exercise their right to vote if their member States exercise theirs, and vice versa.
The Executive Secretary of the Economic Commission for Europe shall carry out the following secretariat functions;
(b) Transmit to the Parties reports and other information received in accordance with the provisions of this Convention;
1. If a dispute arises between two or more Parties about the interpretation or application of this Convention, they shall seek a solution by negotiation or by any other method of dispute settlement acceptable to the parties to the dispute.
2. When signing, ratifying, accepting, approving or acceding to this Convention, or at any time thereafter, a Party may declare in writing to the Depositary that, for a dispute not resolved in accordance with paragraph 1 of this Article, it accepts one or both of the following means of dispute settlement as compulsory in relation to any Party accepting the same obligation:
1. The Parties may, in order to implement their obligations under this Convention, continue existing or enter into new bilateral or multilateral agreements or other arrangements.
2. The text of any proposed amendment to this Convention shall be submitted in writing to the Executive Secretary of the Economic Commission for Europe, who shall circulate it to all Parties. The Conference of the Parties shall discuss proposed amendments at its next annual meeting, provided that such proposals have been circulated to the Parties by the Executive Secretary of the Economic Commission for Europe at least ninety days in advance.
3. For amendments to this Convention - other than those to Annex I, for which the procedure is described in paragraph 4 of this Article:
This Convention shall be open for signature at Helsinki from 17 to 18 March 1992 inclusive, and thereafter at United Nations Headquarters in New York until 18 September 1992, by States members of the Economic Commission for Europe, as well as States having consultative status with the Economic Commission for Europe pursuant to paragraph 8 of Economic and Social Council resolution 36 (IV) of 28 March 1947, and by regional economic integration organizations constituted by sovereign States members of the Economic Commission for Europe to which their member States have transferred competence in respect of matters governed by this Convention, including the competence to enter into treaties in respect of these matters.
1. This Convention shall be subject to ratification, acceptance or approval by the signatory States and regional economic integration organizations referred to in Article 27.
2. This Convention shall be open for accession by the States and organizations referred to in Article 27.
4. In their instruments of ratification, acceptance, approval or accession, the regional economic integration organizations referred to in Article 27 shall declare the extent of their competence with respect to the matters governed by this Convention. These organizations shall also inform the Depositary of any substantial modification to the extent of their competence.
1. This Convention shall enter into force on the ninetieth day after the date of deposit of the sixteenth instrument of ratification, acceptance, approval or accession.
2. For the purposes of paragraph 1 of this Article, any instrument deposited by an organization referred to in Article 27 shall not be counted as additional to those deposited by States members of such an organization.
3. For each State or organization referred to in Article 27 which ratifies, accepts or approves this Convention or accedes thereto after the deposit of the sixteenth instrument of ratification, acceptance, approval or accession, this Convention shall enter into force on the ninetieth day after the date of deposit by such State or organization of its instrument of ratification, acceptance, approval or accession.
1. At any time after three years from the date on which this Convention has come into force with respect to a Party, that Party may withdraw from this Convention by giving written notification to the Depositary. Any such withdrawal shall take effect on the ninetieth day after the date of the receipt of the notification by the Depositary.
Where a substance or mixture named in Part II also falls within one or more categories in Part I, the threshold quantity given in Part II shall be used.
For the identification of hazardous activities, Parties shall take into consideration the actual or anticipated hazardous properties and/or quantities of all hazardous substances present or of hazardous substances which it is reasonable to foresee may be generated during loss of control of an activity, including storage activities, within a hazardous activity.
|Category in accordance with the United Nations Globally Harmonized System (GHS) of Classification and Labelling of Chemicals||Threshold quantity (metric tons)|
|1. Acute toxic, Category 1, all exposure routes (2)||20|
2. Acute toxic: Category 2, all exposure routes (3); Category 3, inhalation exposure route (4)
|3. Specific Target Organ Toxicity (STOT) —Single Exposure (SE) STOT, Category 1 (5)||200|
|4. Explosives —unstable explosives or explosives, where the substance, mixture or article falls under division 1.1, 1.2, 1.3, 1.5 or 1.6 of chapter 2.1.2 ofthe GHS criteria or substances or mixtures having explosive properties according to Test series 2 of Part I of the United Nations Recommendations on the Transport of Dangerous Goods: Manual of Tests and Criteria (Manual of Tests and Criteria) and do not belong to the hazard classes Organic peroxides or Self-reactive substances and mixtures (6,7)||50|
|5. Explosives, where the substance, mixture or article falls under division1.4 of chapter 2.1.2 of the GHS (7,8)||200|
|6. Flammable gases, Category 1 or 2 (9)||50|
|7. Aerosols (10), Category 1 or 2, containing flammable gases Category 1 or 2 or flammable liquids Category 1||500 (net)|
|8. Aerosols (10), Category 1 or 2, not containing flammable gases Category 1 or 2 nor flammable liquids Category 1 (11)||50 000 (net)|
|9. Oxidizing gases, category 1 (12)||200|
|10. Flammable liquids: Flammable liquids, Category 1; or Flammable liquids, Category 2 or 3, maintained at a temperature above their boiling point (13); or Other liquids with a flash point ≤ 60°C, maintained at a temperature above their boiling point (14)||50|
|11. Flammable liquids: Flammable liquids, Category 2 or 3, where particular processing conditions, such as high pressure or high temperature, may create industrial accident hazards (15); or Other liquids with a flash point ≤ 60°C where particular processing conditions, such as high pressure or high temperature, may create industrialaccident hazards (14)||200|
|12. Flammable liquids, Categories 2 or 3, not covered by 10 and 11 (16)||50 000|
|13. Self-reactive substances and mixtures and organic peroxides:Self-reactive substances and mixtures, Type A or B; or Organic peroxides, Type A or B (17)||50|
14. Self-reactive substances and mixtures and organic peroxides: Self-reactive substances and mixtures, Type C, D, E or F; or Organic peroxides, Type C, D, E, or F (18)
|15. Pyrophoric liquids and solids, Category 1||200|
|16. Oxidizing liquids and solids, Category 1, 2 or 3||200|
|17. Hazardous to the aquatic environment, Category Acute 1 or Chronic 1 (19)||200|
|18. Hazardous to the aquatic environment, Category Chronic 2 (20)||500|
|19. Substances and mixtures which react violently with water, such as acetyl chloride, titanium tetrachloride||500|
|20. Substances and mixtures which in contact with water emit flammable gases, Category 1 (21)||500|
|21. Substances and mixtures which in contact with water liberate toxic gas (substances and mixtures which in contact with water or damp air evolve gases classified for acute toxicity in category 1, 2 or 3, such as aluminium phosphide or phosphorus pentasulphide)||200|
|Substance||Threshold quantity (metric tons)|
|1a. Ammonium nitrate (22)||10 000|
|1b. Ammonium nitrate (23)||5 000|
|1c. Ammonium nitrate (24)||2 500|
|1d. Ammonium nitrate (25)||50|
|2a. Potassium nitrate (26)||10 000|
|2b. Potassium nitrate (27)||5 000|
|3. Arsenic pentoxide, arsenic (V) acid and/or salts||2|
|4. Arsenic trioxide, arsenious (III) acid and/or salts||0.1|
|7. Nickel compounds in inhalable powder form: nickel monoxide, nickel dioxide, nickel sulphide, trinickel disulphide, dinickel trioxide||1|
|10. Formaldehyde (concentration ≥ 90 %)||50|
|12. Hydrogen chloride (liquefied gas)||250|
|13. Lead alkyls||50|
|14. Liquefied flammable gases, Category 1 or 2 (including liquefied petroleum gas) and natural gas (28)||200|
|16. Ethylene oxide||50|
|17. Propylene oxide||50|
|18. Methanol||5 000|
|19. 4, 4′-Methylene bis (2-chloraniline) and/or salts, in powder form||0.01|
|20. Methyl isocyanate||0.15|
|21. Oxygen||2 000|
|22. Toluene diisocyanate (2,4 -Toluene diisocyanate and 2,6 -Toluene diisocyanate)||100|
|23. Carbonyl dichloride (phosgene)||0.75|
|24. Arsine (arsenic trihydride)||1|
|25. Phosphine (phosphorus trihydride)||1|
|26. Sulphur dichloride||1|
|27. Sulphur trioxide||75|
|28. Polychlorodibenzofurans and polychlorodibenzodioxins (including tetrachlorodibenzodioxin(TCDD)), calculated in TCDD equivalent (29)||0.001|
|29. The following carcinogens or the mixtures containing the following carcinogens at concentrations above 5% by weight: 4-Aminobiphenyl and/or its salts, Benzotrichloride, Benzidineand/or salts, Bis (chloromethyl) ether, Chloromethyl methyl ether, 1,2-Dibromoethane, Diethyl sulphate, Dimethyl sulphate, Dimethylcarbamoyl chloride, 1,2-Dibromo-3-chloropropane, 1,2-Dimethylhydrazine, Dimethylnitrosamine, Hexamethylphosphorictriamide, Hydrazine, 2-Naphthylamine and/or salts, 4-Nitrodiphenyl, and 1,3 Propanesultone||2|
30. Petroleum products and alternative fuels: (a) Gasolines and naphthas; (b) Kerosenes (including jet fuels); (c) Gas oils (including diesel fuels, home heating oils and gas oil blending streams); (d) Heavy fuel oils; (e) Alternative fuels serving the same purposes and with similar properties as regards flammability and environmental hazards as the products referred to in points (a) to (d)
|31. Anhydrous ammonia||200|
|32. Boron trifluoride||20|
|33. Hydrogen sulphide||20|
|35. Bis(2-dimethylaminoethyl) (methyl)amin||200|
|37. Mixtures of sodium hypochlorite classified as Aquatic Acute Category 1 [H400] containing <than 5% active chlorine and not classified under any of the other hazard categories in Part 1 of annex I. (30)||500|
|38. Propylamine (31)||2 000|
39. Tert-butyl acrylate (31)
|40. 2-Methyl-3-butenenitrile (31)||2 000|
|41. Tetrahydro-3,5-dimethyl-1,3,5,-thiadiazine-2-thione (dazomet) (31)||200|
|42. Methyl acrylate (31)||2 000|
|43. 3-Methylpyridine (31)||2 000|
|44. Bromo-3-chloropropane (31)||2 000|
|(2) According to the criteria in chapters 3.1.2 and 3.1.3 of GHS.|
|(3) According to the criteria in chapters 3.1.2 and 3.1.3 of GHS.|
|(4) Substances that fall within acute toxic Category 3 via the oral route shall fall under entry 2 acute toxic in those cases where neither acute inhalation toxicity classification nor acute dermal toxicity classification can be derived, for example due to lack of conclusive inhalation and dermal toxicity data.|
|(5) Substances that have produced significant toxicity in humans, or that, on the basis of evidence from studies in experimental animals can be presumed to have the potential to produce significant toxicity in humans following single exposure. Further guidance is given in figure 3.8.1. and table 3.8.1 of part 3 of GHS.|
|(6) Testing for explosive properties of substances and mixtures is only necessary if the screening procedure according to appendix 6, part 3, of the Manual of Tests and Criteria identifies the substance or mixture as potentially having explosive properties.|
|(7) The hazard class Explosives includes explosive articles. If the quantity of the explosive substance or mixture contained in the article is known, that quantity shall be considered for the purposes ofthis Convention. If the quantity of the explosive substance or mixture contained in the article is not known, then, for the purposes of this Convention, the whole article shall be treated as explosive.|
|(8) If Explosives of division 1.4 are unpacked or repacked, they shall be assigned to the entry 4 (Explosive), unless the hazard is shown to still correspond to division 1.4, in accordance with GHS.|
|(9) According to the criteria in chapter 2.2.2 of GHS.|
|(10) Aerosols are classified according to the criteria in chapter 2.3 of GHS and the Manual of Tests and Criteria, Part III, section 31 referred to therein.|
|(11) In order to use this entry, it must be documented that the aerosol dispenser does not contain flammable gas Category 1 or 2 nor flammable liquid Category1.|
|(12) According to the criteria in chapter 2.4.2 of GHS.|
|(13) According to the criteria in chapter 2.6.2 of GHS.|
|(14) Liquids with a flash point of more than 35°C may be regarded as non-flammable liquids for some regulatory purposes (e.g., transport) if negative results have been obtained in sustained combustibility test L.2, in part III, section 32 of the Manual of Tests and Criteria. This is, however, not valid under elevated conditions such as high temperature or pressure, and therefore such liquids are included in this entry.|
|(15) According to the criteria in chapter 2.6.2 of GHS.|
|(16) According to the criteria in chapter 2.6.2 of GHS.|
|(17) According to the criteria in chapters 2.8.2 and 126.96.36.199 of GHS.|
|(18) According to the criteria in chapters 2.8.2 and 188.8.131.52 of GHS.|
|(19) According to the criteria in chapter 4.1.2 of GHS.|
|(20) According to the criteria in chapter 4.1.2 of GHS.|
|(21) According to the criteria in chapter 2.12.2 of GHS.|
|(22) Ammonium nitrate (10,000): fertilizers capable of self-sustaining decomposition. This applies to ammonium nitrate–based compound/composite fertilizers (compound/composite fertilizers containing ammonium nitrate with phosphate and/or potash), which are capable of self-sustaining decomposition according to the Trough Test (see Manual of Tests and Criteria, part III, subsection 38.2), and in which the nitrogen content as a result of ammonium nitrate is: (a) Between 15.75% and 24.5% by weight (15.75% and 24.5% nitrogen content by weight as a result of ammonium nitrate correspond to 45% and 70% ammonium nitrate, respectively) and which either contain not more than0.4% total combustible/organic materials or fulfil the requirements of an appropriate test of resistance to detonation (e.g., 4-inch-steel-tube test); (b) 15.75% by weight or less and unrestricted combustible materials.|
|(23) Ammonium nitrate (5,000): fertilizer grade. This applies to straight ammonium nitrate-based fertilizers and to ammonium nitrate-based compound/composite fertilizers in which the nitrogen content as a result of ammonium nitrate is: (a) More than 24.5% by weight, except for mixtures of straight ammonium nitrate-based fertilizers with dolomite, limestone and/or calcium carbonate with a purity of at least 90%; (b) More than 15.75% by weight for mixtures of ammonium nitrate and ammonium sulphate; (c) More than 28% (28% nitrogen content by weight as a result of ammonium nitrate corresponds to 80% ammonium nitrate) by weight for mixtures of straight ammonium nitrate-based fertilizers with dolomite, limestone and/or calcium carbonate with a purity of at least 90%; and which fulfil the requirements of an appropriate test of resistance to detonation (e.g.,4-inch-steel-tube test).|
|(24) Ammonium nitrate (2,500): technical grade. This applies to: (a) Ammonium nitrate and mixtures of ammonium nitrate in which the nitrogen content as a result of ammonium nitrate is: (i) Between 24.5% and 28% by weight and which contain not more than 0.4% combustible substances; (ii) More than 28% by weight, and which contain not more than 0.2% combustible substances; (b) Aqueous ammonium nitrate solutions in which the concentration of ammonium nitrate is more than 80% by weight.|
|(25) Ammonium nitrate (50): “off-specs” material and fertilizers not fulfilling the requirements of an appropriate test of resistance to detonation (e.g., 4-inch-steel-tube test).This applies to: (a) Material rejected during the manufacturing process and to ammonium nitrate and mixtures of ammonium nitrate, straight ammonium nitrate-based fertilizers and ammonium nitrate-based compound/composite fertilizers referred to in notes 23 and 24 that are being or have been returned from the final user to a manufacturer, temporary storage or reprocessing plant for reworking,recycling or treatment for safe use because they no longer comply with the specifications in notes 23 and 24; (b) Fertilizers referred to in note 22 (a) and note 23 which do not fulfil the requirements of an appropriate test of resistance to detonation(e.g., 4-inch-steel-tube test).|
|(26) Potassium nitrate (10,000): composite potassium nitrate-based fertilizers (in prilled/granular form) which have the same properties as pure potassium nitrate.|
|(27) Potassium nitrate (5,000): composite potassium nitrate-based fertilizers (in crystalline form) which have the same hazardous properties as pure potassium nitrate.|
|(28) Upgraded biogas: for the purpose of the implementation of the Convention, upgraded biogas may be classified under entry 14 of Part 2 of annex I where it has been processed in accordance with applicable standards for purified and upgraded biogas ensuring a quality equivalent to that of natural gas, including the content of methane, and which has a maximum of 1% oxygen.|
|(29) Polychlorodibenzofurans and polychlorodibenzodioxins.The quantities of polychlorodibenzofurans and polychlorodibenzodioxins are calculated using the following World Health Organization (WHO) human and mammalian toxic equivalency factors (TEF) for dioxins and dioxin-like compounds as re-evaluated in 2005:|
|Abbreviations: Hx = hexa, Hp = hepta, O = octa, P = penta, T = tetra.|
|Reference: Martin Van den Berg and others, “The 2005 World Health Organization Reevaluation of Human and Mammalian Toxic Equivalency Factors for Dioxins and Dioxin-like Compounds”, Toxicological Sciences, vol. 93, No. 2 (October 2006), pp. 223–241.|
|(31) In cases where this dangerous substance falls within the category 10 flammable liquids or category 11 flammable liquids, for the purposes of the Convention the lowest qualifying quantities shall apply.|
4. If one of the parties to the inquiry procedure does not appoint an expert within one month of its receipt of the notification by the secretariat, the other party may inform the Executive Secretary of the Economic Commission for Europe, who shall designate the president of the inquiry commission within a further two-month period. Upon designation, the president of the inquiry commission shall request the party which has not appointed an expert to do so within one month. If it fails to do so within that period, the president shall inform the Executive Secretary of the Economic Commission for Europe who shall make this appointment within a further two-month period.
(b) An indication of a reasonable time within which a response under paragraph 4 of this Annex is required, taking into account the nature of the activity; and may include the information set out in paragraph 6 of this Annex.
9. The Parties concerned shall inform the public in areas reasonably capable of being affected by the hazardous activity and shall arrange for the distribution of the analysis and evaluation documentation to it and to authorities in the relevant areas. The Parties shall ensure them an opportunity for making comments on, or objections to, the hazardous activity and shall arrange for their views to be submitted to the competent authority of the Party of origin, either directly to that authority or, where appropriate, through the Party of origin, within a reasonable time.
4. The evaluation of risk analyses or of safety studies for hazardous activities and an action plan for the implementation of necessary measures;
8. The establishment of internal managerial structures and practices designed to implement and maintain safety regulations effectively;
1. The analysis and evaluation of the hazardous activity should be performed with a scope and to a depth which vary depending on the purpose for which they are carried out.
2. The following table illustrates, for the purposes of the related Articles, matters which should be considered in the analysis and evaluation, for the purposes listed:
|Matters to be considered|
Emergency planning under Article 8
|(1) The quantities and properties of hazardous substances on the site;|
|(2) Brief descriptive scenarios of a representative sample of industrial accidents possibly arising from the hazardous activity, including an indication of the likelihood of each;|
(3) For each scenario: (a) The approximate quantity of a release; (b) The extent and severity of the resulting consequences both for people and for the non-human environment in favourable and unfavourable conditions, including the extent of resulting hazard zones; (c) The time-scale within which the industrial accident could develop from the initiating event; (d) Any action which could be taken to minimize the likelihood of escalation.
(4) The size and distribution of the population in the vicinity, including any large concentrations of people potentially in the hazard zone;
|(5) The age, mobility and susceptibility of that population.|
Decision-making on siting under Article 7
In addition to items (1) to (5) above:
(6) The severity of the harm inflicted on people and the environment, depending on the nature and circumstances of the release;
(7) The distance from the location of the hazardous activity at which harmful effects on people and the environment may reasonably occur in the event of an industrial accident;
(8) The same information not only for the present situation but also for planned or reasonably foreseable future developments.
|Information to the public under Article 9|
In addition to items (1) to (4) above;
(9) The people who may be affectd by an industrial accident.
Preventive measures under Article 6
In addition to items (1) to (9) above, more detailed versions of the descriptions and assessments set out in items (1) to (3) will be needed for preventive measures. In addition to those descriptions and assessments, the following matters should also be covered:
(10) The conditions and quantities in which hazardous materials are handled;
(11) A list of the scenarios for the types of industrial accidents with serious effects, to include examples covering the full range of incident size and the possibility of effects from adjacent activities;
(12) For each scenario, a description of the events which could initiate an industrial accident and the steps whereby it could escalate;
(13) An assessment, at least in general terms, of the likelihood of each step occurring, taking into account the arrangements in (14);
(14) A description of the preventive measures in terms of both equipment and procedures designed to minimize the likelihood of each step occurring;
(15) An assessment of the effects that deviations from normal operating conditions could have, and the consequent arrangements for safe shut-down of the hazardous activity or any part thereof in an emergency, and of the need for staff training to ensure that potentially serious deviations are recognized at an early stage and appropriate action taken;
(16) An assessment of the extent to which modifications, repair work and maintenance work on the hazardous activity could place the control measures at risk, and the consequent arrangements to ensure that control is maintained.
1. The results of risk analysis and evaluation, including an evaluation pursuant to Annex V of the physical characteristics of the area in which the hazardous activity is being planned;
6. A consideration of the siting of new, and significant modifications to existing hazardous activities at a safe distance from existing centres of population, as well as the establishment of a safety area around hazardous activities; within such areas, developments which would increase the populations at risk, or otherwise increase the severity of the risk, should be closely examined.
2. The contingency plans should include the actions necessary to localize emergencies and to prevent or minimize their transboundary effects. They also include arrangements for warning people and, where appropriate, arrangements for their evacuation, other protective or rescue actions and health services.
3. Contingency plans should give on-site personnel, people who might be affected off site and rescue forces, details of technical and organizational procedures which are appropriate for response in the event of an industrial accident capable of having transboundary effects and to prevent and minimize effects on people and the environment, both on and off site.
(d) Arrangements for providing early warning of industrial accidents to the public authority responsible for the off-site emergency response, including the type of information which should be included in an initial warning and the arrangements for providing more detailed information as it becomes available;
(a) Organizational roles and responsibilities off-site for dealing with an emergency, including how integration with on-site plans is to be achieved;
(f) Arrangements for providing information to the public including, where appropriate, the arrangements for reinforcing and repeating the information provided to the public pursuant to Article 9;
4. General information resulting from an environmental impact assessment, if available and relevant;
8. Adequate information on arrangements made regarding the hazardous activity, including liaison with the emergency services, to deal with industrial accidents, to reduce the severity of the industrial accidents and to mitigate their effects;
7. With regard to acts resulting directly from the assistance provided, the requesting Party shall, in respect of the death of or injury to persons, damage to or loss of property, or damage to the environment caused within its territory in the course of the provision of the assistance requested, hold harmless and indemnify the assisting Party or persons acting on its behalf and compensate them for death or injury suffered by them and for loss of or damage to equipment or other property involved in the assistance. The requesting Party shall be responsible for dealing with claims brought by third parties against the assisting Party or persons acting on its behalf.
(a) Legislative and administrative measures, policies, objectives and priorities for prevention, preparedness and response, scientific activities and technical measures to reduce the risk of industrial accidents from hazardous activities, including the mitigation of transboundary effects;
(f) The development and application of the best available technologies for improved environmental protection and safety;
4. If one of the parties to the dispute does not appoint an arbitrator within two months of the receipt of the request, the other party may so inform the Executive Secretary of the Economic Commission for Europe, who shall designate the president of the arbitral tribunal within a further two-month period. Upon designation, the president of the arbitral tribunal shall request the party which has not appointed an arbitrator to do so within two months. If it fails to do so within that period, the president shall inform the Executive Secretary of the Economic Commission for Europe, who shall make this appointment within a further two-month period.