30th 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
• Commissions Proposal and Summary of
Main Changes
•Emergency Plans - Changes
•Security Issues v Public Information
• Revocation of the NIHHS Regulations
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
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
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
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
Commission’s
Proposal
Commission’s Proposal for
Seveso III
??Went further than as suggested by the
reviews
Where we are now:
• Informal agreement reached
• First reading in EP – expected June
2012
• Followed by Council agreement
Summary of Main
Changes
Summary of Main Changes in
the informal agreement
•Scope
-Qualifying quantities
-Changes to Annex 1
-Derogations (still under discussion)
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
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)
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
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.
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
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
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
Next Steps
Next Steps:
• Expect formal agreement in
the Autumn
• Consultation in late 2012/13
• New COMAH Regulations by
June 2015
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
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.
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