TO WHOM DOES SEVESO APPLY SESSION 3B – Role authorities/Operators Ike van der Putte

This Project is funded by the European Union

Project implemented by Human Dynamics Consortium

This project is funded by the European UnionProjekat finansira Evropska Unija

TO WHOM DOES SEVESO APPLYSESSION 3B – ROLE AUTHORITIES/OPERATORS

IKE VAN DER PUTTE



EU SEVESO II/III DIRECTIVEOPERATORS OBLIGATIONS & COMPETENT AUTHORITIES DUTIES



EU SEVESO II/III AIM (ARTICLE 1) Aim: prevention of major accidents involving

dangerous substances limitation of consequences to man and

the environment, with view to ensuring high level of protection for man and the

environment through out the Community



EU SEVESO II/III AIMTwo important parties to attain aims*:Operators/establishmentsCompetent Authority/iesEfficient and transparent cooperation is

imperative to achieve the objectives in areas concerning:

Environment, Safety & Health, Civil Protection

In SEVESO III also public participation in LUP(articles13 and 15)



SEVESO II/III ROLES

OPERATES (ΟΝΕ ΟR

MORE) ESTABLISHMENTS

ACTIVITIES NOTIFIED TO CASAFETY REPORT

EVALUATED

CONTAINS INSTALLATIONS

& STORAGE

INSTALLATION

STORAGE

OPERATOR

ESTABLISHMENT

NOTIFICATION

Source IPA 2007: Croatia A. Dritsa



EU SEVESO II/III ESTABLISHMENTSTwo categories of establishments based

on substance quantities present:-Lower tier (lower category)-Upper tier (higher category)

Hazard: intrinsic properties of chemicals

Risk: substance hazards-quantities-paths and duration of exposure-population affectedR = ƒ (quality of hazard, quantity of hazard, exposure to hazard)



EU SEVESO II/III AIM: PREVENTIONAll operators (Upper and Lower tier)

requirementsGeneral obligationsNotificationMajor Accident Prevention Policy-MAPPPUpdate controls in case of modificationsBe available for inspection by the Competent

Authority/ies)For Upper tier onlySafety ReportSafety Management System



EU SEVESO II/III AIM: LIMITATION OF CONSEQUENCESFor all operators:

Info for Land use Planning, when establishing MAPP/Safety Report take in account establishments where Domino effect may be initiated.

For Upper tier Emergency PlanningInformation to the Public



SEVESO II/III OPERATOR OBLIGATIONS (1) Art.5/5: Prove to competent Authority, at any

time, that all necessary measures as specified in the Directive have been taken

Art.6/7: Submit Notification to competent Authority with information on the establishment and dangerous chemicals present

Art. 7/8+ Annex III/III: Draw up Major Accident Prevention Policy - MAPPP



OPERATOR OBLIGATIONS (2)Art. 9/10 + Annex II/II: Prepare Safety Report

including Safety Management System (Upper tier only) and submit to competent Authority

Art. 10/11: Review/Revise MAPP and Safety Report in the event of Modification of establishments

Article 11/12+Annex IV/IV: Draw up Internal Emergency Plans

Art. 14/16: Supply information to competent Authority following a major accident in proper manner



SEVESO II/IIICOMPETENT AUTHORITIES DUTIES (1)Art.6/6: Require Notification from OperatorArt.8/9: Identify establishments potent of

causing Domino effectsArt.9/10: Examine Safety Report Make decision to allow or prohibit use of

establishment Communicate conclusions to operator



COMPETENT AUTHORITIES DUTIES (2)Art. 11/12+Annex IV/IV: Draw up External

Emergency Plans for measures outside establishment

Art.12/13: Implement Policy on Land Use Planning,when new establishments sited, modification of existing and new developments adjacent

Art.13/14+Annex IV/V : Supply information to the public regularly/electronically, spontaneously and appropriately, on the basis of information on Safety Measures provided by Operator



COMPETENT AUTHORITIES DUTIES (3)Art. 15/18 : Supply information to the Commission following major

accidents

Art. 17/19: Prohibiting from or bringing into use establishments and supplying information to the Commission accordingly upon actiononly 2 reasons:1•safety measures taken by the operator are seriously deficient2•no submission of Notification (Art. 6/6), Safety Report (Art. 9/10) or other information by the Operator



COMPETENT AUTHORITIES DUTIES (4)Art.18/20: Organize system of inspections or

other measures of control appropriate to establishment concerned (min 1x/y for UT and 1x/3y LT unless based on systematic appraisal MAHs)

Art. 19/21: Exchange information with Commission on experience acquired on major accidents & incidents occurred and 3-yearly report on the implementation.



COMPETENT AUTHORITIES DUTIES (5)Art. 21and 22/27:

Seveso II Committee of Competent Authorities (CCA) for:

- regulatory procedures, adaptation to technical progress

- exchanging information with the Commission - providing guidance



Operators draw up Major Accident Prevention Policy (MAPP). Lower tier est. make MAPP available to CA anytime and during inspections. Upper tier est. include it in Safety Report

Operators’ aims & measures to control hazards as per the Safety Management System:

organisationidentification/evaluation of major hazardsoperational controlmanagement of changeplanning for emergenciesperformance monitoringaudit and review

MAPP: An obligation for all Operators



SAFETY REPORT: AN OBLIGATION FOR UPPER TIER ESTABLISHMENTSMinimum Information contained in Safety

ReportInformation on Major Accident Prevention Policy

(MAPP) and on Safety Management Systems (SMS)

environment of the establishmentdescription of the installation (s) in the

establishment:identification and accidental risks analysis and

prevention methodsmeasures of protection and intervention to limit

the consequences of an accidentInformation on land-use planning



CONCLUSIONSBoth parts aim at preventing accidents and

protecting man and the environment

The Industry does so by being active and CAs do so by being proactive

Their cooperation is imperative for achieving the aim



Seveso Directive 2012/18/EU on the control of major-accident hazards involving dangerous Substances - SEVESO III

Seveso IIIMain purpose – align scope to newinternational chemicals classification (CLPRegulation transposing GHS classification)

Clarify/improve- Inspections- Information to the public- Public participation- Access to justice

Main philosophy Seveso II remains







Inspections – Art 20Inspection plan (National, Regional or Local)covering all Seveso establishments, to include• general safety assessment• info on domino-effects• info on particular external risks/hazards• procedures for routine/non-routine inspections• cooperation between inspection authoritiesBased on this, competent authority to establishprogrammes for routine inspections includingfrequency of site visits



Inspections – Art 20One year (UT)/three year (LT) frequencyUnless inspection programme is based on a systematic appraisal of major-accident hazardsSystematic appraisal based on (1) potential impact on health and environment and (2) compliance (Note IMPEL: IRAM Easy Tools model)

Conclusions sent to operator within 4 months – action!No action may lead to prohibition/closureAdditional inspection in 6 months if serious non compliance



SEVESO III - Domino Effect• Article 9 - Competent authority to• identify domino effect also by activelyrequesting additional information• inform operators• Article 20 – inspection plan to include lists

ofestablishments with potential domino effect• Article 24 – Commission may develop

guidanceon safety distance and domino effect• Annex IV(2)(e) domino effect has to beconsidered in external emergency plans



Land Use Planning - Art 13• Notion of appropriate safety distance• For areas of natural sensitivity, other relevantmeasures can be taken• Operators to provide sufficient information on therisks (lower-tier upon request)• Public consultation – better procedures andcoordination possible with procedures under EIAand SEA Directives



Information – Art 14, Annex VAll establishments (also LT) - Annex V informationpermanently available electronically• dangerous substances• appropriate behaviour in case of an accident• last site visit (inspection) or electronic referenceindication where more info can be obtained upon

request

UT - inform on main accident scenarios measuresUT - appropriate info from external emergency plansUT - inform if establishment close to other Member State



For upper-tier establishments, Member States shall also ensure that:

(a)all persons likely to be affected by a major accident receive regularly and in the most appropriate form, without having to request it, clear and intelligible information on safety measures and requisite behaviour in the event of a major accident;

Article 14- Information to the Public: active provision of information – not just on request!

Information shall include at least ANNEX V info and supplied to allBuildings and areas of public use (schools, hospitals, neighbouring Establishments)



Information - confidentialityArticle 22: Any information held by competentauthorities- available upon request- in line with Directive 2003/4/EC = strictprocedural rules and refusal only for limitedGrounds (under Seveso II only safety report andinventory of substances in case of UT)- intellectual property/security?Article 17(e): Competent authorities to inform persons likely to be affected when an accident has happend



Public participation – Art 15Article 15 – sets/refers to detailed procedural rulesin relation to participation in land use planning• specific individual projects (rules set)• general plans and programmes (reference toDirective 2003/35/EC)= inform public, duly take into accountcomments and motivate final decisionArticle 12(5) - public concerned must be givenearly opportunity to give its opinion on externalemergency plans



Access to justice - Art 23Administrative AND judicial review ofacts/omissions in relation to requests for anyinformation held under the directiveAt least judicial review of acts/omissions in relationto cases of public participation on specific individualprojectsNo access to justice in relation to public participationon general plans and programmes/externalemergency plans, unless otherwise provided undernational law



References

COUNCIL DIRECTIVE 96/82/ECof 9 December 1996 on the control of major-accident hazards involving dangerous substances(OJ L 10, 14.1.1997, p. 13) – consolidated version

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

TO WHOM DOES SEVESO APPLY SESSION 3B – Role authorities/Operators Ike van der Putte

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