Transcript Slide 1

This project is funded by the European Union
Projekat finansira Evropska Unija
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
EU SEVESO II/III DIRECTIVE
OPERATORS OBLIGATIONS &
COMPETENT AUTHORITIES DUTIES
This Project is funded
by the European Union
Project implemented by Human
Dynamics Consortium
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
This Project is funded
by the European Union
Project implemented by Human
Dynamics Consortium
EU SEVESO II/III AIM
Two important parties to attain aims*:
Operators/establishments
Competent Authority/ies
Efficient 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)
This Project is funded
by the European Union
Project implemented by Human
Dynamics Consortium
SEVESO II/III ROLES
ESTABLISHMENT
INSTALLATION
OPERATOR
ACTIVITIES
NOTIFIED TO CA
SAFETY REPORT
EVALUATED
NOTIFICATION
This Project is funded
by the European Union
STORAGE
Source IPA 2007: Croatia A. Dritsa
Project implemented by Human
Dynamics Consortium
EU SEVESO II/III
ESTABLISHMENTS
Two 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 affected
R = ƒ (quality of hazard, quantity of hazard,
exposure to hazard)
This Project is funded
by the European Union
Project implemented by Human
Dynamics Consortium
EU SEVESO II/III AIM: PREVENTION
All operators (Upper and Lower tier) requirements
General obligations
Notification
Major Accident Prevention Policy-MAPPP
Update controls in case of modifications
Be available for inspection by the Competent Authority/ies)
For Upper tier only
Safety Report
Safety Management System
This Project is funded
by the European Union
Project implemented by Human
Dynamics Consortium
EU SEVESO II/III AIM:
LIMITATION OF CONSEQUENCES
For 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 Planning
Information to the Public
This Project is funded
by the European Union
Project implemented by Human
Dynamics Consortium
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
This Project is funded
by the European Union
Project implemented by Human
Dynamics Consortium
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
This Project is funded
by the European Union
Project implemented by Human
Dynamics Consortium
SEVESO II/III
COMPETENT AUTHORITIES
DUTIES (1)
Art.6/6: Require Notification from Operator
Art.8/9: Identify establishments potent of causing Domino
effects
Art.9/10: Examine Safety Report
Make decision to allow or prohibit use of
establishment
Communicate conclusions to operator
This Project is funded
by the European Union
Project implemented by Human
Dynamics Consortium
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
This Project is funded
by the European Union
Project implemented by Human
Dynamics Consortium
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 action
only 2 reasons:
1•safety measures taken by the operator are seriously deficient
2•no submission of Notification (Art. 6/6), Safety Report (Art. 9/10) or
other information by the Operator
This Project is funded
by the European Union
Project implemented by Human
Dynamics Consortium
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.
This Project is funded
by the European Union
Project implemented by Human
Dynamics Consortium
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
This Project is funded
by the European Union
Project implemented by Human
Dynamics Consortium
MAPP: An obligation for all
Operators
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:
organisation
identification/evaluation of major hazards
operational control
management of change
planning for emergencies
performance monitoring
audit and review
This Project is funded
by the European Union
Project implemented by Human
Dynamics Consortium
SAFETY REPORT: AN
OBLIGATION FOR UPPER TIER
ESTABLISHMENTS
Minimum Information contained in Safety Report
Information on Major Accident Prevention Policy (MAPP) and on
Safety Management Systems (SMS)
environment of the establishment
description of the installation (s) in the establishment:
identification and accidental risks analysis and prevention
methods
measures of protection and intervention to limit the
consequences of an accident
Information on land-use planning
This Project is funded
by the European Union
Project implemented by Human
Dynamics Consortium
CONCLUSIONS
Both 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
This Project is funded
by the European Union
Project implemented by Human
Dynamics Consortium
Seveso Directive 2012/18/EU on the control of major-accident
hazards involving dangerous Substances - SEVESO III
Seveso III
Main purpose – align scope to new
international chemicals classification (CLP
Regulation transposing GHS classification)
Clarify/improve
- Inspections
- Information to the public
- Public participation
- Access to justice
Main philosophy Seveso II remains
This Project is funded
by the European Union
Project implemented by Human
Dynamics Consortium
This Project is funded
by the European Union
Project implemented by Human
Dynamics Consortium
This Project is funded
by the European Union
Project implemented by Human
Dynamics Consortium
Inspections – Art 20
Inspection 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 authorities
Based on this, competent authority to establish
programmes for routine inspections including
frequency of site visits
This Project is funded
by the European Union
Project implemented by Human
Dynamics Consortium
Inspections – Art 20
One year (UT)/three year (LT) frequency
Unless inspection programme is based on a systematic
appraisal of major-accident hazards
Systematic 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/closure
Additional inspection in 6 months if serious
non compliance
This Project is funded
by the European Union
Project implemented by Human
Dynamics Consortium
SEVESO III - Domino Effect
• Article 9 - Competent authority to
• identify domino effect also by actively
requesting additional information
• inform operators
• Article 20 – inspection plan to include lists of
establishments with potential domino effect
• Article 24 – Commission may develop guidance
on safety distance and domino effect
• Annex IV(2)(e) domino effect has to be
considered in external emergency plans
This Project is funded
by the European Union
Project implemented by Human
Dynamics Consortium
Land Use Planning - Art 13
• Notion of appropriate safety distance
• For areas of natural sensitivity, other relevant
measures can be taken
• Operators to provide sufficient information on the
risks (lower-tier upon request)
• Public consultation – better procedures and
coordination possible with procedures under EIA
and SEA Directives
This Project is funded
by the European Union
Project implemented by Human
Dynamics Consortium
Information – Art 14, Annex V
All establishments (also LT) - Annex V information
permanently available electronically
• dangerous substances
• appropriate behaviour in case of an accident
• last site visit (inspection) or electronic reference
indication where more info can be obtained upon request
UT - inform on main accident scenarios measures
UT - appropriate info from external emergency plans
UT - inform if establishment close to other Member State
This Project is funded
by the European Union
Project implemented by Human
Dynamics Consortium
Article 14- Information to the Public:
active provision of information – not just on request!
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;
Information shall include at least ANNEX V info and supplied to all
Buildings and areas of public use (schools, hospitals, neighbouring
Establishments)
This Project is funded
by the European Union
Project implemented by Human
Dynamics Consortium
Information - confidentiality
Article 22: Any information held by competent
authorities
- available upon request
- in line with Directive 2003/4/EC = strict
procedural rules and refusal only for limited
Grounds (under Seveso II only safety report and
inventory 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
This Project is funded
by the European Union
Project implemented by Human
Dynamics Consortium
Public participation – Art 15
Article 15 – sets/refers to detailed procedural rules
in relation to participation in land use planning
• specific individual projects (rules set)
• general plans and programmes (reference to
Directive 2003/35/EC)
= inform public, duly take into account
comments and motivate final decision
Article 12(5) - public concerned must be given
early opportunity to give its opinion on external
emergency plans
This Project is funded
by the European Union
Project implemented by Human
Dynamics Consortium
Access to justice - Art 23
Administrative AND judicial review of
acts/omissions in relation to requests for any
information held under the directive
At least judicial review of acts/omissions in relation
to cases of public participation on specific individual
projects
No access to justice in relation to public participation
on general plans and programmes/external
emergency plans, unless otherwise provided under
national law
This Project is funded
by the European Union
Project implemented by Human
Dynamics Consortium
References
COUNCIL DIRECTIVE 96/82/EC
of 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
This Project is funded
by the European Union
Project implemented by Human
Dynamics Consortium