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

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. EU Seveso II/III Directive Operators obligations & Competent Authorities duties. EU Seveso II/III aim (Article 1). Aim:

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

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  1. This project is funded by the European Union Projekat finansira Evropska Unija TO WHOM DOES SEVESO APPLYSESSION 3B – Role authorities/OperatorsIke van der Putte

  2. EU Seveso II/III DirectiveOperators obligations & Competent Authorities duties

  3. 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

  4. 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)

  5. Seveso II/III Roles OPERATES (ΟΝΕ ΟR MORE) ESTABLISHMENTS CONTAINS INSTALLATIONS & STORAGE ESTABLISHMENT INSTALLATION OPERATOR ACTIVITIES NOTIFIED TO CA SAFETY REPORT EVALUATED NOTIFICATION STORAGE Source IPA 2007: Croatia A. Dritsa

  6. 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)

  7. EUSeveso 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

  8. 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

  9. SevesoII/III Operator obligations (1) • Art.5/5: Prove to competent Authority, at any time, that all necessary measures as specified in the Directivehave 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

  10. 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

  11. SevesoII/IIICompetent 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

  12. 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

  13. 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

  14. 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.

  15. 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

  16. 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

  17. 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

  18. 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

  19. Seveso Directive 2012/18/EU on the control of major-accident hazards involvingdangerousSubstances- SEVESO III Seveso III Main purpose – align scope to new internationalchemicalsclassification (CLP Regulationtransposing GHS classification) Clarify/improve - Inspections - Information to the public - Public participation - Access tojustice Main philosophy Seveso II remains

  20. Inspections– Art 20 Inspection plan (National, Regional or Local) covering all Seveso establishments, to include • generalsafety assessment • info on domino-effects • info on particularexternalrisks/hazards • procedures for routine/non-routine inspections • cooperation betweeninspectionauthorities Based on this, competent authority to establish programmes for routine inspections including frequency of site visits

  21. 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

  22. SEVESO III - Domino Effect • Article 9 - Competent authority to • identify domino effect also by actively requestingadditional information • inform operators • Article 20 – inspection plan to include lists of establishments with potential domino effect • Article 24 – Commissionmaydevelopguidance on safety distance and domino effect • Annex IV(2)(e) domino effect has to be considered in external emergency plans

  23. Land Use Planning - Art 13 • Notion of appropriate safety distance • For areas of natural sensitivity, other relevant measurescanbe taken • Operators to provide sufficient information on the risks (lower-tier uponrequest) • Public consultation – better procedures and coordination possible with procedures under EIA and SEA Directives

  24. Information – Art 14, Annex V All establishments (also LT) - Annex V information permanentlyavailableelectronically 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

  25. Article 14- Information to the Public:  active provision of information – not just on request! For upper-tier establishments, Member States shall also ensure that: 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)

  26. Information - confidentiality Article 22: Any information held by competent authorities - availableuponrequest - 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

  27. 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 emergencyplans

  28. 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 nationallaw

  29. 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

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