Seveso II - Background, Contents & Requirements

J. Wettig, DG XI.E.1, Brussels

SEVESO II
What's new in SEVESO II
Aim (Art. 1)
Scope (Art. 2 and Annex I)
Definitions (Art. 3)
Exclusions (Art. 4)
General obligations of the Operator (Art. 5)
Notification (Art. 6)
Major-Accident Prevention Policy (Art.7 and Annex III)
Domino Effects (Art. 8)
Safety Report (Art. 9 and Annexes II and III)
Safety Report (Time Limits)
Safety Report (Tasks of the Competent Authority)
Safety Report (Review)
Derogations (Art. 9 para 6)
Harmonised Criteria Art. 9, paragraph 6)
Modification of a site (Art. 10)
Emergency plans: Objectives
Emergency Plans (Art. 11) - I
Emergency Plans (Art. 11) - II
Emergency Plans (Art. 11) - III
Land-use planning (Art. 12)
Consultation of the public (Art. 13)
Information on Safety Measures (Art.13)
Information following a major accident (Art. 14)
Information to be supplied to the Commission (Art. 15 and Annex VI)
Committee of Competent Authorities (CCA - Art. 16)
Prohibition of Use (Art. 17)
Inspection (Art. 18)
Major-Accident Reporting System (MARS - Art. 19)
Reporting Obligations (Art. 19)
Confidentiality (Art. 20)
Major-Accident Hazards Bureau (MAHB)
Technical Working Groups - I
Technical Working Groups - II



SEVESO II

  • Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances
  • published in OJ L 10 of 14 January 1997
  • entered into force on 3 February 1997
  • must be transposed into national law by the Member States within 24 months
  • must be applied as from 3 February 1999 (date of repeal of Directive 82/501/EEC-SEVESO I)

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What's new in SEVESO II

  • Scope is broadened and simplified
    • no list of industrial installations any more
    • short list of named substances (Annex I, Part 1)
    • more generic criteria (Annex I, Part 2)
  • Safety Management Systems (SMS - Annex III)
    • new managerial/organisational methods
  • Testing of Internal/External Emergency Plans
  • Land-use planning (Art. 12)
    • suitable distances
    • additional technical measures
  • Inspection Systems (Art. 18) consisting of
    • systematic appraisal or one on-site inspection every year
    • inspection report
    • follow-up with the Operator

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Aim (Art. 1)

  • prevention of major accidents involving dangerous substances
  • limitation of the consequences of accidents on man and the environment
  • high level of protection - for man and the environment throughout the Community

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Scope (Art. 2 and Annex I)

  • relates to 'presence of dangerous substances'
    • actual
    • anticipated
    • generated during loss of control of an industrial chemical process
  • Annex I contains
    • a list of Named Substances (Part 1)
    • a list of Generic Categories of Substances and Preparations (Part 2)
  • Both, Part 1 and Part 2 of Annex I, contain
    • lower threshold quantities (lower tier): application of Art. 6 and 7
    • upper threshold quantities (upper tier): application of Art. 6 and 9

IMPORTANT: Art. 7 and 9 are mutually exclusive

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Definitions (Art. 3)

  • establishment
  • installation
  • operator
  • dangerous substance
  • major accident
  • hazard
  • risk
  • storage

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Exclusions (Art. 4)

  • military establishments
  • hazards created by ionizing radiation
  • transport and intermediate temporary storage outside the establishment
  • transport in pipelines outside establishments
  • activities of the extractive industries (mines, quarries, boreholes)
  • waste land-fill sites

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General obligations of the Operator (Art. 5)

  • Operator must take all necessary measures
    • to prevent major accidents
    • to limit the consequences of an accident on man and the environment
  • Operator must prove to the Competent Authority (CA) that he has taken all necessary measures

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Notification (Art. 6)

  • applies to lower and upper tier establishments
  • applies to new and existing establishments
  • requires the operator to give to the Competent Authority (CA) information on the:
    • establishment
    • dangerous substances (quantities, physical form)
    • activity of the installation or storage
    • immediate environment

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Major-Accident Prevention Policy (Art.7 and Annex III)

  • Art. 7 applies only to lower tier establishments
  • Operator must establish a written policy
    • setting out overall aims and principles with respect to the prevention and control of major accidents
    • ensuring a high level of protection for man and the environment
  • Operator must make MAPP available to the CAs for the purposes of inspection and control

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Domino Effects (Art. 8)

Competent Authority must

  • identify establishments or groups of establishments where the danger of an accident is increased because of the
    • location
    • proximity
    • dangerous substances present
  • ensure
    • exchange of information and
    • co-operation between establishments

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Safety Report (Art. 9 and Annexes II and III)

  • applies only to upper tier establishments
  • Operator must establish
    • Major-Accident Prevention Policy (MAPP)
    • Safety Management System (SMS)
    • Internal Emergency Plan
  • Safety report must include information on the:
    • MAPP and SMS
    • environment of the establishment
    • description of the installation
    • risk analysis and prevention methods
    • control and limitation of the consequences of an accident

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Safety Report (Time Limits)

Safety Report must be provided

  • for new establishments
    within a 'reasonable' period of time prior to the start of construction or operation
  • for existing establishments
    • not covered by SEVESO I
      within 3 years from 3 February 1999
    • covered by SEVESO I
      within 2 years from 3 February 1999

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Safety Report (Tasks of the Competent Authority)

Competent Authority

  • examines the Safety Report
  • requests further information from the operator (if necessary)
  • decides to
    • allow or
    • prohibit (Art. 17)
    the bringing into use or continued use of the establishment
  • communicates conclusions to the operator

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Safety Report (Review)

Safety Report must be reviewed and updated every five years or

  • at the request of the Competent Authority
  • at the initiative of the operator (voluntary), where justified by
    • new facts
    • new technical knowledge about safety
    • new knowledge about hazard assessment
  • in case of modification of a site (Art. 10)

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Derogations (Art. 9 para 6)

Operator must

  • apply and
  • demonstrate that
    particular substances are 'in a state incapable of creating a major-accident hazard'

Competent Authority

  • applies harmonised criteria and
  • decides
    • to grant a dispensation indicating to which matters the information required in the Safety Report can be limited or
    • not to grant a dispensation

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Harmonised Criteria Art. 9, paragraph 6)

  • are being elaborated in Technical Working Group 6 (TWG 6)
    • no 'case-law' but generic criteria
    • criteria - consequences
  • have to be established before 3 February 1999
    • repeal of Directive 82/501/EEC (SEVESO I)
    • no criteria - no derogations
  • must be adopted by the CCA acting as a Regulatory Committee (III a) under SEVESO I

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Modification of a site (Art. 10)

is defined as modification of

  • establishment
  • installation
  • storage facility
  • (chemical) process
  • nature of dangerous substance(s)
  • quantity of dangerous substance(s)

What does the operator have to do in the case of a modification of a site?

Lower tier establishment

Operator

  • reviews and
  • revises (if necessary)
    the
  • MAPP

Upper tier establishment

Operator

  • reviews and
  • revises (if necessary)
    the
  • MAPP
  • SMS
  • Safety Report

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Emergency plans: Objectives

  • containing, controlling incidents
  • communication of information to the public
  • restoring and cleaning-up the environment after a major accident
  • limit damage to man, the environment and property
  • implementing the necessary measures

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Emergency Plans (Art. 11) - I

Operator - Internal Emergency Plan

  • Inside the establishment
  • Consultation of personnel

Competent Autority - External Emergency Plan

  • Outside the establishment
  • Consultation of the public

review & test min. every 3 years

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Emergency Plans (Art. 11) - II

Operator

  • consults the personnel
  • draws up an internal emergency plan (incl. data and information of Annex IV 1.)
  • provides to the CA
    • internal emergency plan
    • other necessary information

Competent Authority

  • forwards internal emergency plan and other information to
Local Authority
  • consults the public
  • draws up external emergency plan (incl. data and information of Annex IV 2.)

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Emergency Plans (Art. 11) - III

Internal emergency plans
have to be

  • reviewed
  • tested
  • revised and updated (if necessary)
by the Operator at 'suitable intervals', at least every three years

External emergency plans
have to be

  • reviewed
  • tested
  • revised and updated (if necessary)
by the Local Authority at 'suitable intervals', at least every three years

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Land-use planning (Art. 12)

shall take account of the aims of the Directive, i.e.

  • preventing major accidents
  • limiting their consequences
through controls on
  • siting of new establishments
  • modifications of existing sites (Art. 10)
  • new developments (transport links, locations frequented by the public, residential areas)

APPROPRIATE DISTANCES OR ADDITIONAL TECHNICAL MEASURES

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Consultation of the public (Art. 13)

The public must be consulted in the cases of

  • planning for new upper tier establishments
  • modifications of existing establishments
  • developments around existing establishments
and
  • on external emergency plans (Art. 11)

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Information on Safety Measures (Art.13)

Operators and Local Authorities are obliged to provide

  • active information and
  • passive (permanent availability of) information to the public.

The information shall be

  • reviewed (at least every three years) and
  • repeated (at least every five years),
always in case of a modification of a site (Art. 10)

Member States have to supply information to other potentially affected Member States for upper tier establishments (Art. 9) where

  • there is a possibility of transboundary effects of a major accident

in order to enable them to take account of in

  • the establishment of emergency plans (Art. 11)
  • their land-use planning (Art. 12)
  • the information to the public (Art. 13)

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Information following a major accident (Art. 14)

Operator must

  • inform CA
  • provide information on
    • circumstances
    • substances involved
    • data for assessment
    • measures taken
  • inform about steps
    • to alleviate effects
    • to prevent recurrence
  • update information

Competent Authority must

  • itself take all necessary measures
  • collect all necessary information for a full analysis of the accident
  • ensure that the Operator takes all necessary remedial measures
  • recommend future preventive measures

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Information to be supplied to the Commission (Art. 15 and Annex VI)

Annex VI contains

  • criteria for the mandatory notification of accidents based on
    • substances involved
    • injury to persons or damage to real estate
    • immediate damage to the environment
    • damage to property
    • cross-border damage
  • a recommendation for voluntary notification of
    • other accidents not meeting the above criteria
    • near misses

Notification must include

  • name and address of responsible authority of the Member State
  • date, time and place of the accident
  • name of the operator and address of the establishment
  • description of the circumstances of the accident (substances involved, immediate effects on man and the environment)
  • emergency measures and precautions taken

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Committee of Competent Authorities (CCA - Art. 16)

has two main tasks:

  • to be a forum for the exchange information between Member States and the Commission - Art. 19, para 1 (administrative co-operation)
  • to act as a Regulatory Committee (Art. 22) in order to
    • establish harmonised criteria for derogations under Art. 9, paragraph 6 (Safety Reports)
    • to adapt Annexes II to VI to technical progress

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Prohibition of Use (Art. 17)

Member States' authorities can prohibit

  • the bringing into use or
  • the operation of
    • establishments
    • installations
    • storage facilities or
    • parts thereof

for two reasons:

  • safety measures taken by the operator are seriously deficient
  • no submission of Notification (Art. 6), Safety Report (Art. 9) or other information by the Operator

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Inspection (Art. 18)

Inspection Systems are organised by the CA and shall ensure that

  • the Operator has taken the appropriate measures
    • to prevent a major accident
    • to limit the consequences of an accident
  • the Safety Report is correct and complete
  • the public have been informed

An Inspection System shall comprise

  • a programme of inspections by the CA consisting either
    • of a systematic appraisal of each establishment or
    • of at least one on-site inspection of each establishment per year
  • an inspection report by the CA
  • a follow-up with the Operator within a reasonable period

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Major-Accident Reporting System (MARS - Art. 19)

  • is an open register and information system
  • administered by the Major-Accident Hazards Bureau (MAHB) established within the JRC at Ispra, Italy
  • containing
    • accident information supplied by Member States (Art. 15)
    • analyses of causes of accidents
    • lessons learned
    • information about preventive measures

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Reporting Obligations (Art. 19)

Framework Directive 91/962/EEC obliges

  • the Committee established under the Directive to adopt a 'questionnaire' to standardise the reporting (at the latest 6 months prior to the beginning of the reporting period)
  • the Member States to provide the Commission with a three-yearly report based on the 'questionnaire' (at the latest 9 months after the end of the reporting period)
  • the Commission to establish and publish in the OJ a summary of this information (at the latest 18 months after the end of the reporting period)

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Confidentiality (Art. 20)

  • of deliberations of CAs and the Commission
  • international relations and national defence
  • public security
  • investigation and legal proceedings
  • commercial and industrial secrets (IP)
  • personal data and/or files
  • data supplied by third party if asked to be kept confidential by that third party

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Major-Accident Hazards Bureau (MAHB)

  • MoU between the Commission and the Joint Research Centre (JRC) in 1994
  • established within ISIS at JRC in Ispra, Italy
  • has three main tasks:
    • Major-Accident Reporting System (MARS)
    • Community Documentation Centre on Industrial Risks (CDCIR)
    • scientific and administrative support for Technical Working Groups (TWGs)

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Technical Working Groups - I

  • are composed of experts nominated by the Competent Authorities of the Member States and invited experts from interested parties
  • develop guidance necessary for a coherent implementation of SEVESO I and II
  • Major-Accident Hazards Bureau (MAHB) provides scientific and administrative support to TWGs
  • work under the authority of and report to the Committee of Competent Authorities (CCA)

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Technical Working Groups - II

  • Inspection Systems (TWG 2)
  • Safety Reports (TWG 3)
  • Safety Management Systems (TWG 4)
  • Land-use Planning (TWG 5)
  • Derogations under Article 9 paragraph 6 (TWG 6)
  • Substances dangerous for the environment (TWG 7)

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