1. This Project is funded by the European Union Project implemented by Human Dynamics Consortium This project is funded by the European Union Projekat finansira Evropska Unija TO WHOM DOES SEVESO APPLY SESSION 3B – ROLE AUTHORITIES/OPERATORS IKE VAN DER PUTTE

2. This Project is funded by the European Union Project implemented by Human Dynamics Consortium EU SEVESO II/III DIRECTIVE OPERATORS OBLIGATIONS & COMPETENT AUTHORITIES DUTIES

3. This Project is funded by the European Union Project implemented by Human Dynamics Consortium EU SEVESO II/III AIM (ARTICLE 1) Aim: prevention of major accidents involving dangerous substances limitation of consequences to man and the environment, with view to ensuring high level of protection for man and the environment through out the Community

4. This Project is funded by the European Union Project implemented by Human Dynamics Consortium EU SEVESO II/III AIM Two important parties to attain aims*: Operators/establishments Competent Authority/ies Efficient and transparent cooperation is imperative to achieve the objectives in areas concerning: Environment, Safety & Health, Civil Protection In SEVESO III also public participation in LUP (articles13 and 15)

5. This Project is funded by the European Union Project implemented by Human Dynamics Consortium SEVESO II/III ROLES OPERATES (ΟΝΕ ΟR MORE) ESTABLISHMENTS ACTIVITIES NOTIFIED TO CA SAFETY REPORT EVALUATED CONTAINS INSTALLATIONS & STORAGE INSTALLATION STORAGE OPERATOR ESTABLISHMENT NOTIFICATION Source IPA 2007: Croatia A. Dritsa

6. This Project is funded by the European Union Project implemented by Human Dynamics Consortium EU SEVESO II/III ESTABLISHMENTS Two categories of establishments based on substance quantities present: -Lower tier (lower category) -Upper tier (higher category) Hazard: intrinsic properties of chemicals Risk: substance hazards-quantities-paths and duration of exposure-population affected R = ƒ (quality of hazard, quantity of hazard, exposure to hazard)

7. This Project is funded by the European Union Project implemented by Human Dynamics Consortium EU SEVESO II/III AIM: PREVENTION All operators (Upper and Lower tier) requirements General obligations Notification Major Accident Prevention Policy-MAPPP Update controls in case of modifications Be available for inspection by the Competent Authority/ies) For Upper tier only Safety Report Safety Management System

8. This Project is funded by the European Union Project implemented by Human Dynamics Consortium EU SEVESO II/III AIM: LIMITATION OF CONSEQUENCES For all operators: Info for Land use Planning, when establishing MAPP/Safety Report take in account establishments where Domino effect may be initiated. For Upper tier Emergency Planning Information to the Public

9. This Project is funded by the European Union Project implemented by Human Dynamics Consortium SEVESO II/III OPERATOR OBLIGATIONS (1) Art.5/5: Prove to competent Authority, at any time, that all necessary measures as specified in the Directive have been taken Art.6/7: Submit Notification to competent Authority with information on the establishment and dangerous chemicals present Art. 7/8+ Annex III/III: Draw up Major Accident Prevention Policy - MAPPP

10. This Project is funded by the European Union Project implemented by Human Dynamics Consortium OPERATOR OBLIGATIONS (2) Art. 9/10 + Annex II/II: Prepare Safety Report including Safety Management System (Upper tier only) and submit to competent Authority Art. 10/11: Review/Revise MAPP and Safety Report in the event of Modification of establishments Article 11/12+Annex IV/IV: Draw up Internal Emergency Plans Art. 14/16: Supply information to competent Authority following a major accident in proper manner

11. This Project is funded by the European Union Project implemented by Human Dynamics Consortium SEVESO II/III COMPETENT AUTHORITIES DUTIES (1) Art.6/6: Require Notification from Operator Art.8/9: Identify establishments potent of causing Domino effects Art.9/10: Examine Safety Report Make decision to allow or prohibit use of establishment Communicate conclusions to operator

12. This Project is funded by the European Union Project implemented by Human Dynamics Consortium COMPETENT AUTHORITIES DUTIES (2) Art. 11/12+Annex IV/IV: Draw up External Emergency Plans for measures outside establishment Art.12/13: Implement Policy on Land Use Planning,when new establishments sited, modification of existing and new developments adjacent Art.13/14+Annex IV/V : Supply information to the public regularly/electronically, spontaneously and appropriately, on the basis of information on Safety Measures provided by Operator

13. This Project is funded by the European Union Project implemented by Human Dynamics Consortium COMPETENT AUTHORITIES DUTIES (3) Art. 15/18 : Supply information to the Commission following major accidents Art. 17/19: Prohibiting from or bringing into use establishments and supplying information to the Commission accordingly upon action only 2 reasons: 1safety measures taken by the operator are seriously deficient 2no submission of Notification (Art. 6/6), Safety Report (Art. 9/10) or other information by the Operator

14. This Project is funded by the European Union Project implemented by Human Dynamics Consortium COMPETENT AUTHORITIES DUTIES (4) Art.18/20: Organize system of inspections or other measures of control appropriate to establishment concerned (min 1x/y for UT and 1x/3y LT unless based on systematic appraisal MAHs) Art. 19/21: Exchange information with Commission on experience acquired on major accidents & incidents occurred and 3-yearly report on the implementation.

15. This Project is funded by the European Union Project implemented by Human Dynamics Consortium COMPETENT AUTHORITIES DUTIES (5) Art. 21and 22/27: Seveso II Committee of Competent Authorities (CCA) for: - regulatory procedures, adaptation to technical progress - exchanging information with the Commission - providing guidance

16. This Project is funded by the European Union Project implemented by Human Dynamics Consortium Operators draw up Major Accident Prevention Policy (MAPP). Lower tier est. make MAPP available to CA anytime and during inspections. Upper tier est. include it in Safety Report Operators’ aims & measures to control hazards as per the Safety Management System: organisation identification/evaluation of major hazards operational control management of change planning for emergencies performance monitoring audit and review MAPP: An obligation for all Operators

17. This Project is funded by the European Union Project implemented by Human Dynamics Consortium SAFETY REPORT: AN OBLIGATION FOR UPPER TIER ESTABLISHMENTS Minimum Information contained in Safety Report Information on Major Accident Prevention Policy (MAPP) and on Safety Management Systems (SMS) environment of the establishment description of the installation (s) in the establishment: identification and accidental risks analysis and prevention methods measures of protection and intervention to limit the consequences of an accident Information on land-use planning

18. This Project is funded by the European Union Project implemented by Human Dynamics Consortium CONCLUSIONS Both parts aim at preventing accidents and protecting man and the environment The Industry does so by being active and CAs do so by being proactive Their cooperation is imperative for achieving the aim

19. This Project is funded by the European Union Project implemented by Human Dynamics Consortium Seveso Directive 2012/18/EU on the control of major-accident hazards involving dangerous Substances - SEVESO III Seveso III Main purpose – align scope to new international chemicals classification (CLP Regulation transposing GHS classification) Clarify/improve - Inspections - Information to the public - Public participation - Access to justice Main philosophy Seveso II remains

20. This Project is funded by the European Union Project implemented by Human Dynamics Consortium

21. This Project is funded by the European Union Project implemented by Human Dynamics Consortium

22. This Project is funded by the European Union Project implemented by Human Dynamics Consortium 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

23. This Project is funded by the European Union Project implemented by Human Dynamics Consortium 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 (Note IMPEL: IRAM Easy Tools model) Conclusions sent to operator within 4 months – action! No action may lead to prohibition/closure Additional inspection in 6 months if serious non compliance

24. This Project is funded by the European Union Project implemented by Human Dynamics Consortium SEVESO III - Domino Effect Article 9 - Competent authority to identify domino effect also by actively requesting additional information inform operators Article 20 – inspection plan to include lists of establishments with potential domino effect Article 24 – Commission may develop guidance on safety distance and domino effect Annex IV(2)(e) domino effect has to be considered in external emergency plans

25. This Project is funded by the European Union Project implemented by Human Dynamics Consortium 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

26. This Project is funded by the European Union Project implemented by Human Dynamics Consortium Information – Art 14, Annex V All establishments (also LT) - Annex V information permanently available electronically dangerous substances appropriate behaviour in case of an accident last site visit (inspection) or electronic reference indication where more info can be obtained upon request UT - inform on main accident scenarios measures UT - appropriate info from external emergency plans UT - inform if establishment close to other Member State

27. This Project is funded by the European Union Project implemented by Human Dynamics Consortium For upper-tier establishments, Member States shall also ensure that: (a)all persons likely to be affected by a major accident receive regularly and in the most appropriate form, without having to request it, clear and intelligible information on safety measures and requisite behaviour in the event of a major accident ; Article 14- Information to the Public: active provision of information – not just on request! Information shall include at least ANNEX V info and supplied to all Buildings and areas of public use (schools, hospitals, neighbouring Establishments)

28. This Project is funded by the European Union Project implemented by Human Dynamics Consortium Information - confidentiality Article 22: Any information held by competent authorities - available upon request - in line with Directive 2003/4/EC = strict procedural rules and refusal only for limited Grounds (under Seveso II only safety report and inventory of substances in case of UT)- intellectual property/security? Article 17(e): Competent authorities to inform persons likely to be affected when an accident has happend

29. This Project is funded by the European Union Project implemented by Human Dynamics Consortium Public participation – Art 15 Article 15 – sets/refers to detailed procedural rules in relation to participation in land use planning specific individual projects (rules set) general plans and programmes (reference to Directive 2003/35/EC) = inform public, duly take into account comments and motivate final decision Article 12(5) - public concerned must be given early opportunity to give its opinion on external emergency plans

30. This Project is funded by the European Union Project implemented by Human Dynamics Consortium 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

31. This Project is funded by the European Union Project implemented by Human Dynamics Consortium References COUNCIL DIRECTIVE 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances(OJ L 10, 14.1.1997, p. 13) – consolidated version DIRECTIVE 2012/18/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC