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

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

3 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 Relationship between Seveso II transposition and implementation

4  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 Seveso II transposition

5  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! Seveso II transposition

6  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! Possible steps towards the Seveso II transposition

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 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  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 Seveso II Implementation

9  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 Seveso II Implementation

10  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 Possible steps towards the implementation of Seveso II

11  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 Seveso II - Involvement of the relevant stakeholders

12 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 Preparatory Phase The implementation of Seveso II – Bulgarian experience

– 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 Implementation Schedule The implementation of Seveso II – Bulgarian experience

14 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 Implementing Seveso in Bulgaria Implementation Progress