Considerations on COM(2006)493 - Proposal for an amendment to Annex I to the UNECE Convention on the Transboundary Effects of Industrial Accidents

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dossier COM(2006)493 - Proposal for an amendment to Annex I to the UNECE Convention on the Transboundary Effects of Industrial Accidents.
document COM(2006)493 EN
date September 13, 2006
 
(1) The Community is a Party to the UNECE Convention on the Transboundary Effects of Industrial Accidents i (hereinafter referred to as 'the Convention').

(2) Annex I to the Convention contains categories and named hazardous substances for the purpose of defining hazardous activities.

(3) In accordance with Article 26 paragraph 4 of the Convention any amendment to Annex I enters into force twelve months after its communication to the Parties by the Executive Secretary upon its adoption at the Conference of the Parties by a nine-tenth majority of the Parties, unless at least sixteen Parties have notified objections.

(4) The text of the proposal for an amendment to Annex I was agreed within the Working Group on the Development of the Convention, endorsed by the Bureau of the Convention and will be subject to adoption at the next Conference of the Parties.

(5) At the Conference of the Parties, the Community and the Member States should cooperate closely to ensure that any amendments to Annex I are compatible with Community law in force.

(6) The amendment to Annex I would diminish differences with Community legislation, which has arisen mainly from Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003 amending Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances i

(7) The reservation introduced by the Community at the time of ratification of the Convention should be updated because it will become partly obsolete further to the proposed amendment.

(8) The amendment to Annex I to the Convention should be approved.

HAS DECIDED AS FOLLOWS:

Article 1

At the fourth Conference of the Parties to the UNECE Convention on the Transboundary Effects of Industrial Accidents, the Commission shall support the adoption of the amendment to Annex I to the Convention containing categories and named hazardous substances for the purpose of defining hazardous activities.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered, subject to the adoption of the amendment to Annex I to the Convention, to withdraw on behalf of the Community the reservations contained in Annex I to Council Decision 98/685/EC and replace them with the reservation appearing in the Annex hereto.

Done at Brussels

For the Council

The President

ANNEX

RESERVATION

The Member States of the European Community, in their mutual relations, will apply the Convention in accordance with the Community's internal rules. The Community therefore reserves the right as concerns the threshold quantities mentioned in Annex I, Part I, Nos 4, 5 and 6 to the Convention, to apply threshold quantities of 100 tonnes for bromine (very toxic substance), 5 000 tonnes for methanol (toxic substance) an 2000 tonnes for oxygen (oxidising substance).