- Email: [email protected]
EEC Council directive on major accident hazards
' ambiguous whether this will mean that public participation can be assured in all states involved as was provided under the previous version of the draft directive. []
EEC Council Directive on Major Accident Hazards In its meetings held in Toulouse, November 23 - 24 1979, and Bonn, January 11 - 12 1980, the European Council of Environmental Law discussed the Proposal for a Council Directive on the Major Accidents Hazards of Certain Industrial Activities of July 16, 1979 (COM(79) 384 final, O.J. No. C 212 of August 24, 1979). It adopted a resolution (rapporteur: Prof. Rehbinder, FRG) which in general supports the Commission proposal but lays the emphasis on highly dangerous substances and limits harmonisation in respect of other less dangerous substances to minimum requirements (see below). []
ciated transport and storage within the plant, which involves or possibly involves one or more dangerous substances. Likewise any storage of dangerous substances independent of an industrial activity should be covered if the conditions set forth under a) are likely to be met. Whether this is the case, shall be determined in a list.
2. Safety obligations (a) In the case of any industrial activity or storage involving dangerous substances as encompassed by the Directive of 1967, in its version of 1979, the manufacturer shall be obliged to take all safety measures ;co prevent major accidents and to limit the consequences for man and the environment which are necessary in relation to the kind and magnitude of risk. These measures must at least correspond to the current state of safety technology. If necessary, the competent authorities may determine, by a regulation or an administrative decision, the kind and extent of measures to be taken.
the manufacturer shall inform persons outside the plant who are liable to be affected by a major accident of the kind and magnitude of potential accidents and of the contents of the emergency plan affecting the behaviour of these persons in the case of such an accident. Where the manufacturer is obliged to inform the neighbours, the national authority may require additional information or provide itself such information if it considers the information supplied by the manufacturer not to be sufficient. (c) In the event of a major accident involving a dangerous substance as encompassed by the Directive of 1967 in its version of 1979, the manufacturer shall be obliged to inform the competent authority w i t h o u t delay about the kind, magnitude and circumstances of the accident, its effects and the emergency measures taken.
4. Emergency plans The competent authority shall be obliged to draw up an emergency plan for use outside the plant with respect to whose activities notification has been given under Sec. 3(b) and to coordinate the emergency plan with emergency plans relating to other industrial or storage activities. The authority shall, among others, make use of the information and proposals supplied by the manufacturer; the notification provided under Sec. 3(b) shall include such information and proposals. The authority shall be obliged to exercise, to the extent practicable, the emergency plan from time to time.
5, Existing activities
EUROPEAN COUNCIL OF E N V I R O N M E N T A L LAW Resolution No. 9 adopted in Bonn on January 12, 1980 concerning the Proposal for A Council Directive on the Major Accidents Hazards of Certain Industrial Activities of July 16, 1979. The ECEL has adopted the following resolution:
1. Scope of application of the Directive (a) The Directive should focus on substances which, in the case of a major accident, present irreversible or other serious dangers for human life and health or the environment. These are in particular highly toxic, especially cancero genic, substances (so-called Seveso substances) as well as explosive or easily flammable substances. Substances which only present serious dangers of harm to the environment (e.g. the aquatic environment) should be considered for inclusion. All these highly dangerous substances shall be enumerated in a list. (b) With respect to other dangerous substances as encompassed by the Directive of 1967 in its version of 1979, it is sufficient to impose upon the producer general safety obligations which may be spelt out in further detail by national regulations or individual decisions. Imposing a general obligation to draw up a safety report is out of proportion to the dangers which are normally presented by such substances. (c) The term "substance" shall include substances as such and as components of mixtures and finished products. (d} The Directive shall cover any private or public industrial activity including all asso34
Courtesy: EnvironmentViews/AlbertaEnv. (b) If an industrial activity or storage involves highly dangerous substances as defined under Sec. l(a), the manufacturer shall be obliged to give notification to the competent authorities, submitting detailed and comprehensive information relating to the risk of major accidents presented by the activity and the safety measures to prevent such accidents and to minimise the consequences for man and the environment (safety analysis). The contents of the safety analysis shall be set forth in the Directive. These requirements shall be applicable both to new and old installations.
The provisions of Sec. 3(b) shall apply to existing activities with a time limit of 3 years after the Directive has become operational. However, if the competent authority considers it necessary for the protection of man or the environment, it may impose these provisions upon the manufacturer at an earlier date.
6. Preliminary national measures Where the competent authority finds that an activity, in spite of compliance with the provisions of the Directive, presents an immediate risk of major accident, it may take preliminary measures for preventing the accident or minimising its effects on man and the environment. These measures shall bevalid not longer than one year. Within this period of time, the Community shall decide on the adaptation of the Directive.
7. Major Accidents having Transfrontier Effects
3. Information obligations (a) In the case of any industrial activity or storage involving dangerous substances as encompassed by the Directive of 1967 in its version of 1979, the manufacturer shall be obliged to inform his employees on the risks of major accidents presented by the industrial activity or storage and take adequate measures to ensu re that the employees are appropriately trained and equipped to prevent major accidents and to minimise the consequences of such accidents; this may include the requirement to submit a safety report. (b) If an industrial activity or storage involves highly dangerous substances as defined under Sec. 1(a), either the competent authority or
The Directive shall contain provisions in respect of activities which, because of their location, are liable to cause adverse effects outside the national territory in the case of a major accident. These provisions shall concern: (a) the information of the authorities of the country or countries affected. (b) emergency plans, (c) consultations with the relevant foreign authorities, and (d) mutual assistance in the case of a major accident. These provisions shall ensure equal protection of the population on both sides of the border between Member States. []
Environmental Policy and Law, 6 (1980)
EEC Council Directive on Major Accident Hazards In its meetings held in Toulouse, November 23 - 24 1979, and Bonn, January 11 - 12 1980, the European Council of Environmental Law discussed the Proposal for a Council Directive on the Major Accidents Hazards of Certain Industrial Activities of July 16, 1979 (COM(79) 384 final, O.J. No. C 212 of August 24, 1979). It adopted a resolution (rapporteur: Prof. Rehbinder, FRG) which in general supports the Commission proposal but lays the emphasis on highly dangerous substances and limits harmonisation in respect of other less dangerous substances to minimum requirements (see below). []
ciated transport and storage within the plant, which involves or possibly involves one or more dangerous substances. Likewise any storage of dangerous substances independent of an industrial activity should be covered if the conditions set forth under a) are likely to be met. Whether this is the case, shall be determined in a list.
2. Safety obligations (a) In the case of any industrial activity or storage involving dangerous substances as encompassed by the Directive of 1967, in its version of 1979, the manufacturer shall be obliged to take all safety measures ;co prevent major accidents and to limit the consequences for man and the environment which are necessary in relation to the kind and magnitude of risk. These measures must at least correspond to the current state of safety technology. If necessary, the competent authorities may determine, by a regulation or an administrative decision, the kind and extent of measures to be taken.
the manufacturer shall inform persons outside the plant who are liable to be affected by a major accident of the kind and magnitude of potential accidents and of the contents of the emergency plan affecting the behaviour of these persons in the case of such an accident. Where the manufacturer is obliged to inform the neighbours, the national authority may require additional information or provide itself such information if it considers the information supplied by the manufacturer not to be sufficient. (c) In the event of a major accident involving a dangerous substance as encompassed by the Directive of 1967 in its version of 1979, the manufacturer shall be obliged to inform the competent authority w i t h o u t delay about the kind, magnitude and circumstances of the accident, its effects and the emergency measures taken.
4. Emergency plans The competent authority shall be obliged to draw up an emergency plan for use outside the plant with respect to whose activities notification has been given under Sec. 3(b) and to coordinate the emergency plan with emergency plans relating to other industrial or storage activities. The authority shall, among others, make use of the information and proposals supplied by the manufacturer; the notification provided under Sec. 3(b) shall include such information and proposals. The authority shall be obliged to exercise, to the extent practicable, the emergency plan from time to time.
5, Existing activities
EUROPEAN COUNCIL OF E N V I R O N M E N T A L LAW Resolution No. 9 adopted in Bonn on January 12, 1980 concerning the Proposal for A Council Directive on the Major Accidents Hazards of Certain Industrial Activities of July 16, 1979. The ECEL has adopted the following resolution:
1. Scope of application of the Directive (a) The Directive should focus on substances which, in the case of a major accident, present irreversible or other serious dangers for human life and health or the environment. These are in particular highly toxic, especially cancero genic, substances (so-called Seveso substances) as well as explosive or easily flammable substances. Substances which only present serious dangers of harm to the environment (e.g. the aquatic environment) should be considered for inclusion. All these highly dangerous substances shall be enumerated in a list. (b) With respect to other dangerous substances as encompassed by the Directive of 1967 in its version of 1979, it is sufficient to impose upon the producer general safety obligations which may be spelt out in further detail by national regulations or individual decisions. Imposing a general obligation to draw up a safety report is out of proportion to the dangers which are normally presented by such substances. (c) The term "substance" shall include substances as such and as components of mixtures and finished products. (d} The Directive shall cover any private or public industrial activity including all asso34
Courtesy: EnvironmentViews/AlbertaEnv. (b) If an industrial activity or storage involves highly dangerous substances as defined under Sec. l(a), the manufacturer shall be obliged to give notification to the competent authorities, submitting detailed and comprehensive information relating to the risk of major accidents presented by the activity and the safety measures to prevent such accidents and to minimise the consequences for man and the environment (safety analysis). The contents of the safety analysis shall be set forth in the Directive. These requirements shall be applicable both to new and old installations.
The provisions of Sec. 3(b) shall apply to existing activities with a time limit of 3 years after the Directive has become operational. However, if the competent authority considers it necessary for the protection of man or the environment, it may impose these provisions upon the manufacturer at an earlier date.
6. Preliminary national measures Where the competent authority finds that an activity, in spite of compliance with the provisions of the Directive, presents an immediate risk of major accident, it may take preliminary measures for preventing the accident or minimising its effects on man and the environment. These measures shall bevalid not longer than one year. Within this period of time, the Community shall decide on the adaptation of the Directive.
7. Major Accidents having Transfrontier Effects
3. Information obligations (a) In the case of any industrial activity or storage involving dangerous substances as encompassed by the Directive of 1967 in its version of 1979, the manufacturer shall be obliged to inform his employees on the risks of major accidents presented by the industrial activity or storage and take adequate measures to ensu re that the employees are appropriately trained and equipped to prevent major accidents and to minimise the consequences of such accidents; this may include the requirement to submit a safety report. (b) If an industrial activity or storage involves highly dangerous substances as defined under Sec. 1(a), either the competent authority or
The Directive shall contain provisions in respect of activities which, because of their location, are liable to cause adverse effects outside the national territory in the case of a major accident. These provisions shall concern: (a) the information of the authorities of the country or countries affected. (b) emergency plans, (c) consultations with the relevant foreign authorities, and (d) mutual assistance in the case of a major accident. These provisions shall ensure equal protection of the population on both sides of the border between Member States. []
Environmental Policy and Law, 6 (1980)