Control of major-accident hazards involving dangerous substances. Seveso II
1994/0014(SYN)
The Committee adopted the draft report on a council proposal amending and
replacing the Directive 82/501/EEC of 24 June 1982, commonly known as the
'Seveso' Directive. This directive was introduced in response to several
major accidents as in Seveso in 1976. There also are 2 amending directives,
87/261/EEC and 88/610/EEC.
This proposal is a more fundamental overhaul of the directive in the light
of a decade's experience with the legislation. Some 70 incidents classified
as 'major' accidents were reported under the Directive between 1982-1990 and
an official analysis concluded that about 95% of these could have been
prevented by the application of existing knowledge and proper management and
operational procedures. The EU-wide total of major accidents has now
increased to about 130.
Rapporteur BOWE's amendments do not wish to significantly change the
Commission's proposal for a directive. Said the rapporteur: "My amendments
seek to ensure a proper involvement and training for workers, to involve
local communities and to give them a say in the permitting process, a role
for the European Environment Agency and clear criteria for reporting of
accidents to avoid under reporting or neglect".
There is a new emphasis on safety management systems based on the lessons
learnt from recent major accidents. These new provisions include:
- safety audits to be carried out as an integral part of safety management
systems. These results must be available to the authorities when they carry
out inspections;
- also new is the set of duties of the authorities to respond to safety
reports within a specified time. For an existing installation the
authorities would have 12 months in which to 'indicate satisfaction' with
the report, or to request further information or to prohibit the continued
use of the installation. For new installations reports would have to be
submitted between 4-8 months of the start up date;
- another new requirement concerns the updating of safety reports. under the
present directive updating is only required 'periodically'. But under the
new proposal review and, where necessary, updating would be required at
least every 5 years, or at any other time at the request of the authorities
or to take account of technical knowledge.
Under the existing proposal both on-site and off-site emergency plans must
be prepared. Several clauses are now expanded. Deadlines are laid down for
the completion of energy plans. For new installations, on-site plans would
have to be completed before start-up. They also must provide for the
clean-up of the environment after a major accident. Other new provisions
deal with the participation of the workforce and the public in the
preparation of emergency plans. Also new is the provision that authorities
would have to ensure that emergency plans were put into effect without delay
in event of a major accident.
One major innovation is the introduction of a system ofland use planning,
designed to minimise the off-site consequences of major accidents and
thereby limit the consequences of these accidents for humans and the
environment. Member States have a general duty to make this an objective of
their land-use policies and to achieve this by controlling the siting of
installations, modifications and new developments around hazardous
installations. Consultation with local authorities is the key of this
system.
Also important is that safety reports now should be made public. There
should be public participation in decisions on major hazards. The
rapporteurhopes that this will be further open up the debate on major
accident hazard control policies, criteria for the siting and land use,
which in the past have not been very transparent.
Policing of major hazard sites varies across the EU. More consistent
inspection arrangements will be introduced. Top-tier sites would have to be
inspected at least every 12 months unless the authority has decided on a
longer inspection frequency. Reports should be followed up with the site
management within 3 months.