THE SEVESO II DIRECTIVE

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BACKGROUND

• Incidents at Flixborough (UK) and Seveso led to Seveso I “Major accident hazards of certain industrial activities” (1982) – Later Incidents at Bhopal, Sandoz, Mexico City • Seveso II “Control over major accidents hazards” (1996) – Current Major accidents in EU - Toulouse • Amendment of Seveso II considered (2003) 2

Ammonium Nitrate Explosion in Toulouse - France 21 September 2001

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Ammonium Nitrate Explosion in Toulouse - France 21 September 2001

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DATABASE ON SEVESO ACCIDENTS

• Maintained by the MAHB - JRC • App. 2/3 were caused by management deficiencies • App 10 % caused environmental damage • App. 2/3 caused injuries or fatalities 5

SEVESO II CHANGES

FROM SEVESO I

• Emphasis on Safety Policy and SMS • Scope Extended – no activities listed, generic substances’ list • Land-use planning introduced • Public to be consulted and informed 6

THE DIRECTIVE APPLIES TO

ALL ESTABLISHMENTS WHICH STORE DANGEROUS SUBSTANCES ABOVE SPECIFIED LEVELS *Minor exceptions include Mines and Quarries, Landfills, Military Installations and External Pipelines

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DANGEROUS SUBSTANCES ARE

Named Substances such as Acetylene

or

Generic Substances with specified Hazard Properties e.g. Toxicity The Basis of Hazard Property is the Directive on Classification, Transport and Labeling

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THRESHOLDS

• Two categories based on quantities stored –

Lower Tier

–

Upper Tier

• Upper Tier has more responsibilities

Deciding on applicability can be complex

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OBLIGATIONS

LOWER TIER

• • • • • • General Obligations Notification Major Accident Prevention Policy Modifications Accident Reports Cooperation with Authorities 10

OBLIGATIONS

UPPER TIER

• Lower Tier Obligations and • Safety Report • Internal Emergency Plans • Public Information 11

GENERAL OBLIGATIONS OF AN OPERATOR

To take all measures necessary to prevent major accidents and to limit their consequences The operator must be able to “demonstrate” to the CCA that it has identified the hazards and is taking all necessary measures 12

ROLE OF COMPETENT AUTHORITIES

• • • • • Review of Documentation Inspection Testing of Plans Domino Effect Planning Prohibition of Activity if –

Serious deficiency

–

Documentation inadequate

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ROLE OF COMPETENT AUTHORITIES

• Preparation and Testing of External Emergency Plans • Implementation of Land-use Policies 14

DOMINO EFFECT

An accident on one site could affect neighboring sites

If requested by the Competent Authority the operators must exchange information and cooperate in informing the public and in emergency planning 15

DOCUMENTS SUBMITTED BY THE OPERATOR

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MAPP

M

ajor

A

ccident

P

revention

P

olicy

Designed to guarantee a high level of protection for Man and the Environment by appropriate Means, Structures and Safety Management Systems

MAPP consists of

•

Policy Statement

•

Safety Management System

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MAPP THE SAFETY MANAGEMENT SYSTEM

• • • • • • Organisation and Personnel Identification and Evaluation of Hazards Operational Control Emergency Planning Performance Monitoring Audit and Review

Lower Tier - MAPP is a separate document Upper Tier - MAPP is part of Safety Report

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SAFETY REPORT

must contain

• • • • • • Major Accident Prevention Policy Safety Management System Identification of Hazards Adequate Prevention/Limitation Measures Internal Emergency Plans Information for External Emergency Plans

Applies to Upper Tier Sites

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INTERNAL EMERGENCY PLAN

OBJECTIVES

• Controlling incidents to minimise effects • Implementing protection measures • Communicating information to the Public and the Authorities • Providing for clean-up and restoration of the environment 20

EXTERNAL EMERGENCY PLAN

• To be prepared by the Competent Authority or Designated Body • The Operator must provide relevant information • Details of the Plan to be communicated by the CA to the Operator 21

PUBLIC INFORMATION

• Information must be made available to the Public without request to include –

The Safety Report

–

An explanation of site activities

–

Nature and quantity of dangerous substances

–

Nature of hazard posed

–

How neighbours will be alerted to an accident Applies to Upper Tier Sites

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IF A MAJOR ACCIDENT OCCURS

The CCA must be informed of

• • • Circumstances of the accident Dangerous substances involved Data available for assessing the effects of the accident • Emergency actions undertaken 23

LEARNING FROM EXPERIENCE

The Directive requires that Member States and the Commission will exchange information and experience such as - Analysing the causes of accidents - Lessons learned - Measures necessary to prevent recurrence

Member States must report data on major accidents to the Commission

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IN BULGARIA

• • • • Over 1000 manufacturing and storage companies 32 Lower Tier and 35 Upper Tier Limited number of accidents in last 15 years Existing Legislation until 2002 – Statutory Regulation on the Organization of the Activities during Natural Disasters, Accidents and Catastrophes – Regulation on Protection from Accidents during Activities with Dangerous Substances 25

IN BULGARIA

• September 2002 • New Environmental Protection Act – Framework Act for Seveso II Implementation •

Introduces Permitting System

•

Identifies Competent Authorities

•

Documentation from the Operator

•

Public Participation

•

Exclusions

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IN BULGARIA

• • March 2003 Regulation on Major Accident Prevention – Detailed Information about: •

Procedures for Issuing a Permit

•

Documentation Needed

•

How to Prepare and Update the Documentation

•

Obligations of the Operator

•

Public Access to Seveso Information

•

Domino Effect

•

Confidentiality

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IN BULGARIA

• • In Force from: – 2004 for New Establishments – 2006 for Existing Establishments Authorities Involved: – MoEW – Civil Protection – Ministry of Interior - Fire-fighting Authority – Local Authorities – Permanent Commission for Protection of the Citizen from Accidents during Activities with Dangerous Substances 28

IN BULGARIA

• • Procedures for Permit Issuing – Clear Timetables – Clear Sequence Documents – Notification – Application Form – Risk Assessment – MAPP – Safety Report – Emergency Plan 29

IN BULGARIA

• Review and Update – by Modification or Change in the Amounts, Property of Dangerous Substances or Technology – on defined Periods • Public Information and Confidentiality • Domino Effect 30

Contribution of Twinning Project BG2001 Implementing the Seveso II Directive

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EU Twinning Projects are

• Administrative Partnerships between – EU Member States and – EU Candidate Countries/PHARE (in future also Western Balkan countries/CARDs) – To help transposing and implementing specific EU legislation – Direct Exchange of Experience between Administration prepares partnership in integrated Europe 32

BG2001 Implementing the Seveso Directive

• • • • Training Programme for Administration and Industry with Pilot Exercises (Major Accident Prevention Policy, Safety Report) Adaptation of European Guidance Documents (incl. inspections and risk assessment) CD-Rom Documentation, Study Tours Registration System for Seveso II Establishments - compatible with European Databases on Installations (SPIRS) and Accidents (MARS) 33