Sub-regional Workshop on the Implementation of the Convention on the Transboundary Effects of Industrial Accidents Erevan, Armenia, March 2003 The “Seveso II” Directive – the European Union’s tool for implementing the Industrial Accidents Convention

A long history of major accidents : Flixborough, United Kingdom 1976: Seveso, Italy 1982: Original « Seveso Directive » adopted 1984: Bhopal, India 1986: Basel, Switzerland 9 Dec 1996: « Seveso II Directive » adopted 3 Feb 1999: « Seveso II » must be applied in the Member States of the European Union 30 Jan 2000: Baia Mare, Romania 15 May 2000: Enschede, Netherlands 21 Sep 2001: Toulouse, France

Control of products Nuclear Safety Seveso Directives Chemical Plant Safety Control of processes Industrial Risk Management Overview

General Comparison UN/ECE Convention n International law n binding for the Parties, i.e. those UN/ECE member countries that ratify accept approve or accede to the Convention SEVESO II n European law n binding for the 15 Member States of the European Union n binding for the EEA countries (Iceland, Norway, Liechtenstein) EEA = Treaty on the European Economic Area

Ratification/Implementation of the UN/ECE Convention in the EU requires... n within the sphere of competence of the Community according to the EC Treaty: Community legislation = Seveso II Directive (96/82/EC) n outside the sphere of competence of the Community: national legislation in each Member State

Procedures for Ratification/Implementation n Approval on behalf of the Community decided by Council of Environment Ministers on 23 March 1998 n Deposited with the Secretary-General of the United Nations on 24 April 1998 n Ratification by each Member State (so far Luxembourg, Spain, Greece, Germany, Austria, Finland, Sweden, Denmark, Italy and United Kingdom)

Consistency of “Seveso II” with the UN/ECE Convention Both instruments aim at the n prevention of major industrial accidents involving dangerous substances n limitation of the consequences of such accidents on man and the environment In the case of transboundary effects: Co-operation between UN/ECE countries and/or EU Member States before, during and after an accident

Scope UN/ECE Convention n applies mainly to fixed industrial installations n also covers emergency response to land-based transport accidents n industrial accident must be capable of causing transboundary effects SEVESO II n applies exclusively to fixed industrial establishments an establishment can consist of one or more installations an installation is a technical unit within an establishment

Accident Prevention UN/ECE Convention n Adoption of legislative provisions or guidelines n Identification of hazardous activities (licensing system) n Risk Analysis / Risk Assessment n Education and Training n “Managerial structures and practices” n Monitoring / Auditing / Inspections SEVESO II For all establishments: n General obligations n Notification n Major-Accident Prevention Policy In addition, only for upper tier establishments: n Safety Management System n Safety Report

Limitation of consequences UN/ECE Convention n Decision-making on siting n Emergency Preparedness on-site contingency plans - Operator (joint) off-site contingency plans - Local Authorities n Information to public SEVESO II n Land-use planning n Emergency Planning Internal - Operator External - Local Authorities n Information on safety measures to the public

Co-operation before, during and after an accident n “before” notification of hazardous activities exchange of technology / technical assistance co-operation in research and development n “during” mutual assistance / co-ordination of response n “ after ” industrial accident notification systems exchange of information on ‘lessons learned’

Government Transposition into national laws, regulations and administrative provisions OperatorsAuthorities Practical application and enforcement of laws, regulations and administrative provisions "Implementation" ? What means...

Role of the European Commission n is the “Guardian of the EC Treaty” n does not apply SEVESO II directly n supports and controls transposition of SEVESO II into national laws and their application n reports to Council and European Parliament on implementation n Committee of Competent Authorities (CCA) meets twice each year

Major-Accident Hazards Bureau (MAHB) n MoU between the Commission and the Joint Research Centre (JRC) in 1994 n established within IPSC at JRC in Ispra, Italy n has four main tasks: Major-Accident Reporting System (MARS) Seveso Plant Information Retrieval System (SPIRS) Community Documentation Centre on Industrial Risks (CDCIR) scientific and administrative support for Technical Working Groups (TWG’s)

Guidance documents available from MAHB ( n Guidance on the preparation of a Safety Report to the requirements of the Seveso II Directive n Guidance concerning information to the public n Guidelines on a Major Accident Prevention Policy and Safety Management System n Guidance on Land-use Planning n Explanations and Guidelines for the application of Article 9 (6) of the Seveso II Directive on harmonised criteria for dispensations n Guidance on Inspections

Instruments supporting implementation n Seveso Plants Information Retrieval System (SPIRS) European map of Seveso plants also contains a risk assessment tool n Mutual Joint Visits Programme (MJV) in the field of inspections “experts visit experts” 3-4 visits per year of different Member States in a rotation system

Amendment of Seveso II n “Baia Mare” - inclusion of certain mining activities, including tailings management facilities n “Enschede” - better definition of explosive and pyrotechnic substances, decrease of qualifying quantities n “Toulouse” - replacement of the two current entries on ammonium nitrate by 4 new categories, with new qualifying quantities n Extension of list of carcinogens in Annex I, Part 1, along with new qualifying quantities n Lower qualifying quantities for substances dangerous to the aquatic environment (Annex I, Part 2)

State of play n Proposal adopted by Commission on 10 December 2001 (COM(2001) 624 final) n European Parliament adopts opinion in 1st reading on 3 July 2002 n Commission adopts Amended Proposal on 26 September 2002 (COM(2002) 540 final) n Council adopts Common Position on 20 February 2003 n To come: 2nd reading in European Parliament

Summary (1) n Community legislation (Seveso II) has been adopted on 9 December 1996 n Transposed by all Member States n Applied as from 3 February 1999 n UN/ECE Convention approved on behalf of the Community n Instrument of approval deposited on 24 April 1998 n Ratification of UN/ECE Convention still underway in 5 Member States

Summary (2) Adoption and implementation of Seveso II - type legislation is necessary in order to n fulfil obligations arising from the UN/ECE Convention n join the European Union (EU)

Contact details: J ü rgen Wettig European Commission Environment Directorate-General Unit ENV.B.4 (Civil Protection and Environmental Accidents B-1049 Brussels Tel/Fax: (+32-2) / ent/seveso/index.htm