1. Henri De Schouwer (Flemish region) Isabelle Borgonjon (FPS Labour)
Problems with defining “the operator” for some complex industrial sites
Henri De Schouwer (Flemish region)
Isabelle Borgonjon (FPS Labour)
Flemish Ministry of the Environment

2. 1. Definitions of the Directive
Establishment: the whole area under the control of an operator…
Operator: any individual or corporate body who:
Operates an establishment or installation, OR
Holds an establishment or installation, OR,
If provided for by national legislation, has been given decisive economic power in the technical operation thereof
Circular definitions
Flemish Ministry of the Environment

3. 2. Belgian law
Definition operator limited to: “any individual or corporate body who operates an establishment or installation”
Cooperation agreement has no direct links with:
federal legislation on labour safety: employer, legal entity, technical business unit
regional legislation on environmental protection and protection of the surroundings: permit holder, operator, environmental technical business unit
Flemish Ministry of the Environment

4. Definition is critical since operator = responsible
No problem for sites with only 1 corporate body
Discussions for sites where different corporate bodies are active in one or more installations
No consensus between authorities  independent legal advise
Flemish Ministry of the Environment

5. Flemish Ministry of the Environment
Legal advise:
Basic criteria = actual operation, since operator obligations can only be fulfilled by the body who is operating the installations on a daily basis
Remarks:
Consideration 11: holistic approach
Not clear why in Directive “operates the establishment or installation”
Doubts on correctness limited Belgian definition
Flemish Ministry of the Environment

6. Guideline established within national cooperation commission
Case 1 1 body & 1 operating site
 body = operator
Case 2 1 body & operating sites at different locations
 each site = one establishment
Case 3 Owner installation or products  operating body
 operator = operating body
Flemish Ministry of the Environment

7. BSI
BSI

8. Key question : Is it possible to operate the installation elsewhere?
Case 4 Different bodies are operating different installations on 1 industrial site
Key question : Is it possible to operate the installation elsewhere?
 YES each body = different operator whose establishment is the area under his control
Flemish Ministry of the Environment

18. Flemish Ministry of the Environment
 NO all bodies together = 1 operator = 1 establishment (co-exploitation)
Flemish Ministry of the Environment

19. Lower tier
Lower tier

20. Key question : Is it possible to operate the installation elsewhere?
Case 4 Different bodies are operating different installations on 1 industrial site
Key question : Is it possible to operate the installation elsewhere?
 YES each body = different operator whose establishment is the area under his control
 NO all bodies together = 1 operator = 1 establishment (co-exploitation)
Flemish Ministry of the Environment