SEVESO II transposition and implementation – possible approaches and lessons learned from MS/NMS

1. SEVESO II transposition and implementation – possible approaches and lessons learned from MS/NMS

2. Relationship between Seveso II transposition and implementation • Interdependent Processes • Part of the overall Regulatory cycle

3. Relationship between Seveso II transposition and implementation • In order to transpose adequately the requirements you need to know: • The technical scope of the legislation • The target groups • The capacity of both CA and operators • The current status • The expected impact of the legislation • The public expectations • In order to implement the transposed legislation you need to know: • The requirements of the legislation • The competencies and the capacity of the CA • The duties of the operators • The attitude of the public

4. Seveso II transposition • The transposition process should be: • Consistent • Systematic • Transparent • Based on the public expectations • Adequate to the overall HSE policy • It also should take into account • The political and administrative system • The safety and administrative culture of the operators • The available resources • The existing legal requirements • The feedback form the inspection authorities • The capacity of the CA

5. Seveso II transposition • The transposition process should involve all relevant stakeholders: • National authorities • Regional and local authorities • The general public (especially living around Seveso sites) • Industry • NGOs • Scientific Institutions Everyone can contribute to the proper transposition!

6. Possible steps towards the Seveso II transposition • Development of a National policy for Major accident safety/prevention • Development of an Action plan for achieving the goals of the policy, incl. transposition with deadlines, targets and clearly delegated responsibilities • Assessment of the existing legal requirements • Drafting of the new legislation • Assessment of the Compliance with the EU requirements • Impact assessment of the proposed legislation • If possible, pilot projects on the implementation of the legislation • If necessary, negotiation of transitional periods • Final endorsement of the legislation All relevant stakeholders should be encouraged to discuss the proposed measures at all stages of the process!

7. Seveso II transposition – Bulgarian experience • Late 90’s – public pressure for safer environment and better quality of life – State policy in the area of major accident prevention established • Start 2000 - PHARE Project (start of the transposition process with the help of EU experts) • 2001 – Public discussion on the proposed legislation • 2002 – Environmental Protection Act • 2003 – Seveso Regulation • 2005 – Amendment to EPA – Directive 2003/105/EC • 2006 – New Seveso Regulation

8. Seveso II Implementation • The implementation process should be: • Consistent • Systematic • Transparent • Establishing level playing field • Flexible • Able to give feedback when inadequacies are found • Adequate to the political and administrative system • Feasible within the available resources • Based on the administrative capacity of the CA

9. Seveso II Implementation • The implementation process could be facilitated by: • Guidance notes on different technical aspects of the legislation • Guidance notes on assessment of the documentation, submitted by the operator • Guidance notes on the coordination of and the cooperation between the CA • Unified risk assessment methodologies • Training of the CA and the Industry • Active involvement of the NGOs and the general public • Establishment of feedback channels from the inspecting authorities • Establishment of appropriate registers and databases

10. Possible steps towards the implementation of Seveso II • Preparatory Phase • Number of the sites • Procedures for notification • Coordination and cooperation between CA • Training of CA and operators • Implementation Phase • Procedures for assessment of the documentation • Procedures for inspections • Procedures for Feedback • Review and Follow-up Phase • Procedures for evaluation • Procedures for review and follow-up

11. Seveso II - Involvement of the relevant stakeholders • Preparatory Phase • Training of operators • Public awareness campaign • Consultations on the proposed legislation • Implementation Phase • Public information • Public participation • Feedback from operators • Scientific Progress • Review and Follow-up Phase • Evaluation of the overall acceptance of the legislation – operators, public • Consultations during the review and follow-up of the legislation

12. The implementation of Seveso II – Bulgarian experience Preparatory Phase • Pilot permits • Chemical Industry • Petroleum Products Storage Facility • Metallurgy • LPG Storage and Distribution Site • Set of Guidance Notes • Classification • MAPP and SMS • Safety Report • Risk Analysis

13. The implementation of Seveso II – Bulgarian experience Implementation Schedule • 2004 – New Enterprises • No Transitional Period • 2006 – Existing Enterprises • No Transitional Periods • Accent on Safety Management • Investment Requirements – in IPPC for the majority of the big industrial sites

14. Implementing Seveso in Bulgaria Implementation Progress • By 2008 – 101 Enterprises • About 10 Enterprises in the Pipe • App. 99 % of the Sites within the Scope of the Directive • Dynamic Process – Influx of new Sites • Significant problems with SMEs • Problems with sites with no experience