Transcript DIRECTIVE ON THE CONTROL OF MAJOR ACCIDENT HAZARDS

THE SEVESO II DIRECTIVE
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HISTORY

Flixborough (UK), 1974
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Seveso (Italy), 1976
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Bhopal (India), 1984
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Basel (Sandoz), Switzerland, 1986
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Mexico City, Mexico, 1986
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Aznallcollar (Spain), 1998
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Baia Mare (Romania), 2000
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Toulouse (France), 2001
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Texas City (USA), 2005
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Buncefield (UK), 2006
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Flixborough Accident, 1974
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Bhopal UC plant, 1984
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Sandoz Warehouse on the Rhine, 1986
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Aznallcollar dam break, 1998
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Baia Mare dam break, 2000
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Toulouse accident, 2001
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Texas City accident, 2005
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Buncefield accident, 2006
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DATABASE ON MAJOR
ACCIDENTS
(1984–2009)
• 603 accidents and near misses reported
• ~ 70% due to management failure
• ~10% caused environmental damage
• ~66% caused injuries or fatalities
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DATABASE ON MAJOR
ACCIDENTS
LESSONS LEARNT
• Main cause – inadequate management
• Inadequate design and maintenance
• Inadequate decisions
• Inability to take decisions
• Cover-up of safety breaches and “blame game” approach
• Lack of safety culture – “macho” or “quick fix” culture
• Inadequate assessment of the existing hazards and the
associated risks
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DATABASE ON MAJOR
ACCIDENTS
LESSONS LEARNT
• Main accident risks
• Abnormal operations
•
•
•
•
•
Maintenance operations
Start-up or shut-down procedures
Unforeseen weather conditions
Loading/unloading operations
Nightshifts
• Inadequate design & maintenance decisions
• Bad installation design
• Inadequate maintenance & operation procedures
• Inadequate design of safety equipment
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HISTORY OF ACCIDENT
PREVENTION LEGISLATION AT
EU LEVEL
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Pre-1982 – left to member states
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1982 – Seveso I
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Listed substances + processes
MAPP + SMS not explicitly required
Focus on providing information to the CA
1996 – Seveso II
2003 – Amendment of Seveso II
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Different systems
Distortion of competition
Increased risk
Broader scope – tailing ponds
Extended requirements for risk assessment
200? – Seveso III
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SCOPE OF THE DIRECTIVE
ALL ESTABLISHMENTS THAT STORE
DANGEROUS SUBSTANCES ABOVE
SPECIFIC THRESHOLDS
Exclusions:
-Hazards from ionizing radiation
-Transportation outside the establishment
-Landfills, quarries and mines
-Offshore exploration
-Military installations
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AIM OF THE DIRECTIVE

Prevention of major accidents involving
dangerous substances
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Limitation of the consequences of
accidents on the human population and
the environment
High level of protection
for the human population and
the environment throughout
the EU
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PREVENTION MEASURES
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For upper and lower tiers:
General obligations
Notification
Major accident prevention policy
Domino effects
Inspection by competent authorities
For upper tier only:
Safety report
Safety management system
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CONTROL AND LIMITATION MEASURES
For upper and lower tiers:
 General obligations
 Land-use planning
For upper tier only:
 Emergency planning
 Information to the public
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THRESHOLDS
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Annex I
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Two categories based on quantities stored
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Lower tier
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Upper tier
Upper-tier installations have more
responsibilities
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REQUIREMENTS FOR
LOWER-TIER INSTALLATIONS
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General obligations
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Notification
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Major accident prevention policy
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Modifications
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Accident reports
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Cooperation with authorities
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OBLIGATIONS FOR
UPPER-TIER INSTALLATIONS
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Lower-tier obligations
plus
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Safety report
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Internal emergency plans
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Information to the public
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GENERAL OBLIGATIONS
FOR OPERATORS
To take all measures necessary
to prevent major accidents and
to limit their consequences
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GENERAL OBLIGATIONS
FOR OPERATORS
To prove to the competent
authority at any time, in particular
for the purposes of inspection,
that all the necessary measures
have been taken.
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GENERAL OBLIGATIONS
FOR OPERATORS
To notify the competent authority that the
operator is within the scope of the
directive:
• For existing establishments – within a
certain period of time
• For new establishments – within a
reasonable period of time prior to the
start of construction or operation
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NOTIFICATION
The notification shall contain the following details:
(a) the name or trade name of the operator and the full address of the
establishment concerned;
(b) the registered place of business of the operator, with the full address;
(c) the name or position of the person in charge of the establishment, if different
from (a);
(d) information sufficient to identify the dangerous substances or category of
substances involved;
(e) the quantity and physical form of the dangerous substance or substances
involved;
(f) the activity or proposed activity of the installation or storage facility;
(g) the immediate environment of the establishment (elements liable to cause a
major accident or to aggravate the consequences thereof).
The operator must immediately inform the CAs in case of:
•
•
•
any significant increase in the quantity or significant change in the
nature/physical form of the dangerous substances present or any change in
the processes employing it;
modification of an establishment or an installation which could have
significant repercussions on major-accident hazards;
permanent closure of the installation.
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ROLE OF THE COMPETENT
AUTHORITIES

Administrative, executive and enforcement responsibilities
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Review of documentation
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Inspection
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Prohibition of activity if
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serious deficiencies are present; or
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documentation is inadequate
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Preparation and testing of external emergency plans
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Identification of possible domino effects
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Implementation of land-use policies
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DOMINO EFFECT
An accident at one Seveso site could
affect neighbouring Seveso sites
If requested by the CA, the operators must exchange
information and cooperate in the area of risk
management, emergency response and public
information.
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MAPP
Major accident prevention policy
Designed to guarantee a high level of protection for
the human population 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
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Organisation and personnel
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Identification and evaluation of hazards
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Operational control
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Emergency planning
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Performance monitoring
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Audit and review
Lower tier – MAPP is a separate document
Upper tier – MAPP is part of the safety report
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SAFETY REPORT
must contain
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Major-accident prevention policy
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Safety management system
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Identification of hazards
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Analysis and assessment of risk
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Adequate prevention/limitation measures
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Internal emergency plans
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Information for land-use planning
Applies to upper-tier sites
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INTERNAL EMERGENCY PLAN
OBJECTIVES

Controlling incidents to minimise effects
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Implementing protection measures
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Communicating information to the public
and the authorities
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Providing for the clean-up and restoration
of the environment
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EXTERNAL EMERGENCY PLAN

Prepared by the local or national designated
authority
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The operator must provide relevant
information as requested by the authority
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Details of the plan to be communicated by the
authority to the operator in order to ensure the
compatibility of internal and external plans
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LAND-USE PLANNING
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The CA should plan and control:
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the siting of new establishments;
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modifications to existing establishments;
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new developments such as transport links,
locations frequented by the public and
residential areas in the vicinity of existing
establishments.
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LAND-USE PLANNING
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Existing establishments
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Control of developments in their vicinity
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Additional technical measures
New establishments
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Location of proposed Seveso sites
Based on the results of the risk assessment
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PUBLIC INFORMATION

Information must be made available to the
public, without request, to include
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The safety report
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An explanation of site activities
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Nature and quantity of dangerous substances
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Nature of hazard posed
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How the population will be alerted to an accident
Applies to upper-tier sites
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IF A MAJOR ACCIDENT OCCURS
The CA must be informed of:
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The circumstances of the accident
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The dangerous substances involved
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Available data for assessing the effects
of the accident
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Emergency actions undertaken
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LEARNING FROM EXPERIENCE
The directive requires member states and the
European Commission to exchange information
and experience on:
- Analysis of 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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CORRELATION WITH OTHER
EU LEGISLATION
• CLP Directives – until 2015!
• Definition of hazardous substances and preparations
• REACH Regulation (EC) No. 1907/2006
• Chemical safety reports
• New studies on chemicals – New classification possible
• GHS Regulation (EC) No. 1272/2008
• New classification rules – downstream effect
• Labour safety regulations
• Complementary
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CORRELATION WITH OTHER
EU LEGISLATION
IPPC Directive – Different scope
SEVESO SITES ONLY
IPPC SITES
SEVESO
SITES
Major accidents
IPPC SITES ONLY
IPPC/SEVESO SITES
Minor and major
accidents
Minor accidents/spills
IPPC
Major accidents
Seveso
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CORRELATION WITH OTHER
EU LEGISLATION
IPPC Directive
• Synergies
• Use of management systems
• Use of less hazardous materials at the site
• Reduction in the volume of hazardous material stored at the site
• Differences
• Seveso – protection of human health and environment from the
negative effects of major accidents through the prevention of major
accidents using SMS
• IPPC – protection of the environment and human health on a longterm basis by preventing and minimising pollution through the use of
BAT and EMS
•Potential conflicts
• Safety over environment?
• Siting of establishments
• Technical measures
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CORRELATION WITH OTHER
MULTILATERAL ENVIRONMENTAL
AND CHEMICAL AGREEMENTS
• UNECE Convention
• Seveso II Directive based on some of the
requirements of the convention
• Safety management system
• Emergency planning
• Public information and participation
•Additional requirements
•Notification to parties
•Access to justice for residents of affected parties
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GENERAL COMPARISON
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
UNECE Industrial
Accidents
Convention
International Law
Binding for parties, i.e.
those UNECE
member countries that




ratify
accept
approve or
accede to
SEVESO II


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European law
Binding for the 27
member states of the
European Union
Binding for the countries
of the Treaty on the
European Economic
Area (Iceland, Norway,
Liechtenstein)
the convention
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Ratification/implementation
of the UNECE convention in
the EU requires ...

within the sphere of competence of the
Community according to the EC Treaty:
Community legislation = Seveso II Directive

outside the sphere of competence of the
Community (example: civil protection,
notification of non-EU countries): national
legislation in each member state
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Procedures for
ratification/implementation

Approval on behalf of the Community
decided by the Council of Environment
Ministers on March 23, 1998

Deposited with the secretary-general of
the United Nations on April 24, 1998
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Ratification by each member state
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OTHER ACCIDENT PREVENTION
AND CHEMICAL MANAGEMENT
INITIATIVES
• SAICM
• Goal – chemical safety throughout substance lifecycle
• Stipulates safe technologies
• Welcomes public information and participation as well as
international cooperation
• Provides platform for knowledge transfer and capacity building
• IFCS
• Facilitation of international cooperation
• Promotion of national chemicals management
• Identification of gaps in scientific understanding
• Promotion of information exchange and technical cooperation
• Advice to governments on chemical safety
• OECD
• Extensive programme on chemical safety
• Guiding principles on several topics
• Wide-ranging cooperation
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