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Seveso III – latest from the EU

30 th April 2012 Manchester Conference Centre. Seveso III – latest from the EU. Sandra Ashcroft. Health and Safety Executive Hazardous Installations Directorate. 30th April 2012 Manchester Conference Centre. Summary. Background to the review of the Seveso II Directive

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Seveso III – latest from the EU

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  1. 30th April 2012 Manchester Conference Centre Seveso III – latest from the EU Sandra Ashcroft Health and Safety Executive Hazardous Installations Directorate

  2. 30th April 2012 Manchester Conference Centre Summary • Background to the review of the Seveso II Directive • Commissions Proposal and Summary of Main Changes • Emergency Plans - Changes • Security Issues v Public Information • Revocation of the NIHHS Regulations

  3. Background to the Review of the Seveso II Directive Bringing GHS into Seveso – the UK’s aims The UK wanted minimal change to the overall scope: • No increase unless justified by safety • No decrease if there remains the risk of a major accident • The link between CLP & Seveso to be as clear & straight forward as possible • Admin burdens kept to a minimum

  4. Background to the Review of the Seveso II Directive Bringing GHS into Seveso – the EC’s aims The EC wants to ensure at least the same level of protection to man & the environment throughout Europe

  5. Background to the Review of the Seveso II Directive Outcome of the work of TWG Suggestions for alignment options for health hazards Recommendation for new category of flammable aerosol New named substances included Clarification and rewording of some footnotes http://sta.jrc.ec.europa.eu/pdf/mahb/Technical_report_Seveso_and_GHS.pdf

  6. Background to the Review of the Seveso II Directive EU Seveso surveys • F-Seveso survey • - investigated the implementation of Seveso • - identified no need for legislative change • Public authority survey • - no fundamental changes necessary • - some possible improvements in implementation and enforceability http://ec.europa.eu/environment/seveso/review.htm

  7. Commission’s Proposal Commission’s Proposal for Seveso III ??Went further than as suggested by the reviews

  8. Where we are now: • Informal agreement reached • First reading in EP – expected June 2012 • Followed by Council agreement

  9. Summary of Main Changes Summary of Main Changes in the informal agreement • Scope • Qualifying quantities • Changes to Annex 1 • Derogations (still under discussion)

  10. Summary of Main Changes Summary of Main Changes in informal agreement • Public Information • Provision of improved public information and public consultation • - Including in electronic format • Provisions to request exclusion from public register remain • Access to justice

  11. Summary of Main Changes Summary of Main Changes in informal agreement • Inspections - minimum inspection frequency or on risk based inspection programme • Conclusions communicated within 4 months (currently 3 months)

  12. Changes to Emergency Planning Emergency Plans - Changes • External Emergency Plans • - To be established within 2 years following receipt of information from operators. • Requirement that the public concerned is given early opportunity to give its opinion both when plan is established or substantially modified

  13. Changes to Emergency Planning Emergency Plans - Changes • External Emergency Plans • Annex 4 – 2(e) - arrangements for off site mitigatory action – to include responses to major accident scenarios, consideration of possible domino effects, including on the environment • Annex 4 – 2(f) arrangements to provide neighbouring establishments or sites (in addition to the public) with accident specific information and action to take.

  14. Changes to Emergency Planning Emergency Plans – Changes • Internal emergency plans - to be drawn up prior to modifications that lead to inventory change Annex 4 – “where necessary” arrangements for training staff in duties they will be expected to perform and “as appropriate” coordinate with off site-emergency services

  15. Changes to Emergency Planning Emergency Plans – Changes • Internal emergency plans - Timescales - existing establishments - to be drawn up within max of one year of 31ST May 2015 unless already done so under national law and the info for external plans complies with the Directive and remains unchanged. - other establishments – a maximum of two years from 31st May 2015

  16. Security Issues V Public Information • Security Issues v Public Information • Key point – Important that the public has the information they need to know in the event of an accident, this outweighs national security concerns

  17. Next Steps Next Steps: • Expect formal agreement in the Autumn • Consultation in late 2012/13 • New COMAH Regulations by June 2015

  18. Revocation of NIHHS Regulations Revocation of NIHHS Regulations • HSE currently consulting on removal of 14 legislative measures (consultation ends 4th July) • NIHHS Regulations part of that package • Superseded by other legislation • Proposing a consequential amendment to take account of ammonium nitrate

  19. Revocation of NIHHS Regulations Revocation of NIHHS Regulations • Recommendation to Ministers - Autumn • If approved, removal to come into force in April 2013 (CCD) http://www.hse.gov.uk/consult/condocs/cd239.htm.

  20. Contacting HSE How to contact HSE Further information on HSE’s website: http://www.hse.gov.uk/seveso/index.htm Contact details: sandra.ashcroft@hse.gsi.gov.uk

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