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Seveso Directive 2012/18/EU: Major Accident Control for Dangerous Substances

This directive outlines the control and prevention of major accidents involving dangerous substances. It covers topics such as scope, information to the public, inspections, and implementation. The directive aims to align with new international chemical classification standards and improve safety measures.

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Seveso Directive 2012/18/EU: Major Accident Control for Dangerous Substances

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  1. Seveso Directive 2012/18/EU on the control of major-accident hazards involving dangerous substances European Commission, DG Environment Industrial Emissions, Air quality & Noise Unit

  2. Table of contents • Introduction - Adoption – Purpose - philosophy • Main changes Seveso III • Scope – derogationmechanism – Time limits • Major Accident Prevention Policy – Domino effect – Land Use Planning • Information – Public participation – Access to Justice • Inspections • Other • Transposition - deadlines • Implementation issues • Implementingacts – Guidance - Q&A – Reporting – MAHB

  3. Directive 2012/18/EU – Seveso III • First reading agreement on 27 March 2012 • Adopted 4th July • Published 24th July (OJ L 197/1) • Entry into force 13th August 2012 • National transposition 31rd May 2015 • Implementation 1st June 2015

  4. Seveso III Main purpose– align scope to new international chemicals classification (CLP Regulation transposing GHS classification) Clarify/improve • Information to the public • Inspections • Public participation • Access to justice Main philosophy Seveso II remains

  5. Safe Technology Emergency Planning Safe Management Information to the Public Land-Use Planning Demonstrate safety in the Safety Report Philosophy of Seveso II - III I N S P E C T I O N S Accident Reporting and Lessons Learnt

  6. Seveso III – Scope • Clarifies exclusions (Article 2) • Clarifies definitions (Article 3) of upper-tier (UT), lower-tier (LT), neighbouring, existing, new and other establishments, mixture, presence of dangerous substances, the public, the public concerned, inspections • Annex I part 1 = categories • Annex I part 2 = named substances

  7. Scope – Annex I • Alignment to new international chemical's classification – not straightforward for health hazards

  8. Scope – Annex I • Introduces some new named substances with specific thresholds • to make up for 3 "lost" acute toxic 3 dermal substances • reduce impact of "newly included" category of acute toxic 3 inhalation vapour substances (higher thresholds) • set stricter thresholds for some former very toxic substances now classified acute toxic 2 • include heavy fuel oils and alternative fuels in category "petroleum products" (named substance) • include upgraded biogas in category LPG (named) • set higher thresholds for bleach

  9. Derogation mechanism – Art 4 • Commission to assess (ex officio or upon notification by a Member State) if for a particular substance it is impossible to cause a release of matter or energy that could create a major accident under reasonably foreseeable normal/abnormal conditions • Based on specific criteria (par 1) and complete information file (par 3) • Where appropriate - legislative proposal

  10. Seveso III –Time limits clarified • Notification (Article 7) • MAPP (Article 8) • Safety reports (Article 10) • Information for external emergency plans (Article 12)

  11. Major Accident Prevention Policy – Art 8 In writing – also for UT - sent to competent authority where required by national law Implemented through safety management system proportionate to major-accident hazards and complexity of organisation/activities Lower-tier may implement through other apropriate means in line with the principles of Annex III

  12. Domino Effect • Article 9 - Competentauthority to • identify domino effectalso by activelyrequestingadditional information • informoperators • Article 20 – inspection plan to includelists of establishments withpotential domino effect • Article 24 – Commission maydevelop guidance on safety distance and domino effect • Annex IV(2)(e) domino effect has to beconsidered in external emergency plans

  13. 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

  14. Information – Art 14, Annex V All establishments (also LT) - Annex V information permanentlyavailableelectronically • appropriatebehaviour in case of an accident • last site visit (inspection) or electronicreferenceindication where more info canbeobtaineduponrequest UT - informon main accident scenarios measures UT - appropriateinfo fromexternal emergency plans UT - informif establishment close to otherMember State

  15. Information - confidentiality Article 22: Anyinformation held by competentauthorities • availableuponrequest • in line with Directive 2003/4/EC = strict proceduralrules and refusalonly for limited grounds (under Seveso II onlysafety report and inventory of substances in case of UT) Article 17(e): Competentauthorities to informpersonslikely to beaffectedwhen an accident has happened

  16. Public participation – Art 15 Article 15 – sets/refers to detailedproceduralrules in relation to participation in land use planning • specificindividualprojects (rules set) • generalplans and programmes (reference to Directive 2003/35/EC) = inform public, dulytakeintoaccountcomments and motivate final decision Article 12(5) - public concernedmust begivenearlyopportunity to giveits opinion on external emergency plans

  17. 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

  18. 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

  19. 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 Conclusions sent to operator within 4 months – action! No action may lead to prohibition/closure Additional inspection in 6 months if serious non compliance

  20. Information exchange MS - EC • Article 21(2) – four-yearly MS reports – first report by 30 September 2019 • Article 21(7) – EC to make publicly available non-confidential part of the data • Article 29 – four-yearly EC report to Council and EP – first by 30 September 2020

  21. Other issues • Article 28 - MS to determine penalties for infringements to Seveso legislation • Annex II(3)(b) and III(b)(iii) – Safety report and safety management system take into account information on best practices for describing processes/operating methods and for monitoring and control

  22. Other issues • Annex II(2)(c) and II(5)(d) - safety report to include information on neighbouring sites – technical and non-technical measures for reducing the impact • Annex III(b)(i) and III(b)(iii) – safety management system to consider • subcontracting and ageing equipment • Annex III(b)(vi) assessment procedures to include safety performance indicators

  23. Transposition – key deadlines Transposition by 31/5/2015 Transposition Art 30 (heavy fuel oil) by 14/2/2014 Fortwith communication to EC – explanatory documents (recital 31) Notification of penalties by 1/06/2015 First report by 30/09/2019

  24. Implementation - Commission tasks • Methodology for derogation mechanism • Guidance on safety distance –domino effect • Draft implementing acts (databases – reporting formats for accidents/establishments/reporting) • First report on delegated power (by 13 Nov 2016) • First report on implementation by 30 Sept 2020

  25. Implementation • Commission to reply to questions from MS • Draft Q&A on issues identified as requiring further specification • Where appropriate, technical discussion with MS

  26. Implementation • Draft/adopt reporting questionnaire 6 months before start of reporting period (starting 1/06/2015) – address need/feasibility/added value of additional guidance on a certain topic • EC/MAHB to continue assistance in the field of Inspections – Land Use planning – management and improvement of eMARS and SPIRS databases • http://mahb.jrc.it/

  27. For more information… DG ENV website http://ec.europa.eu/environment/seveso/index.htm Contact: Jill Michielssen (jill.michielssen@ec.europa.eu)

  28. Thank you for your attention!

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