seveso ii ec report on application of directive 2006_2008_en
TRANSCRIPT
8/13/2019 Seveso II EC Report on Application of Directive 2006_2008_en
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EUROPEAN COMMISSION
Brussels, 9.8.2010
C(2010) 5422 final
REPORT FROM THE COMMISSION
Report on the Application in the Member States of Directive 96/82/EC on the control of
major-accident hazards involving dangerous substances for the period 2006-2008
(Text with EEA relevance)
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REPORT FROM THE COMMISSION
Report on the Application in the Member States of Directive 96/82/EC on the control of
major-accident hazards involving dangerous substances for the period 2006-2008
(Text with EEA relevance)
1. INTRODUCTION
Council Directive 96/82/EC 1 on the control of major-accident hazards involving dangerous
substances , the so-called Seveso II Directive, aims at the prevention of major-accident
hazards involving dangerous substances and at the limitation of the consequences of such
accidents for man and the environment. The Seveso II Directive applies to some thousands of
industrial establishments where dangerous substances are present. This report is a summary of the 27 Member States' reports on the application of the Directive
for the period 2006-2008. In accordance with Article 19.4 of the Directive, Member States
shall provide the Commission with a three-yearly implementation re port in accordance with
the procedure laid down in the Reporting Standardization Directive 2. In line with previous
practice these reports are limited to information relating to upper-tier establishments covered
by Articles 6 and 9.
This report summarises in chapter 2 the information provided by the Member States on the basis of a questionnaire3, supplemented by some accident figures. Conclusions and the way
forward follow in chapter 3. The full contributions of the 27 Member States and from
Norway, as well as the questionnaire, the previous reports for the periods 2000-20024 and
2003-20055, and additional information can be found on the Seveso website 6 of DG
Environment. Readers interested in further details are referred to the national reports.
2. SUMMARY OF MEMBER STATES CONTRIBUTIONS
All 27 Member States and Norway submitted their triennial reports to the European
Commission. Two-thirds met the deadline of 1 October 2009 for providing the information.
The majority of the statistical data used in this summary refers to the year 2008 as this is the
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The intention of this summary is to assess the level of implementation and to identify any
shortcomings. The Commission expects that where low figures are reported this will
encourage the Member States concerned to improve implementation.
2.1. Number of upper tier establishments
In December 2008, 4528 upper tier establishments were reported, an increase over the
previous three years of 14% (up from 3949). If Romania and Bulgaria are not included the
increase for EU-25 is 10 %.
Figure 1: Upper tier establishments per Member State: 2005 and 2008
Nr of upper tier establishments
0
200
400
600
800
1000
Nr
2005 137 79 20 976 14 100 245 593 23 462 13 29 21 5 47 6 188 79 149 57 26 39 84 172 385
2008 174 52 112 44 1077 21 83 295 553 33 518 11 30 17 8 63 6 221 79 161 62 113 24 40 127 195 409
BE BG CZ DK DE EE EL ES FR IE IT CY LV LT LU HU MT NL AT PL PT RO SI SK FI SE UK
The increasing number of sites probably reflects the completion of moves towards
implementation of the Directive and its 2003 Amendment extending the scope, inter alia, in
relation to explosives, fertilisers and substances dangerous for the environment triggered by
the major accidents in Enschede, Toulouse and Baia Mare.
2.2. Operators
The main requirements the Seveso II Directive imposed on the operators of upper tier
establishments are those relating to Safety Reports, Safety Management Systems, and Internal
E Pl Th k i di h i hi i l i i
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Safety Reports submitted in 2005 and 2008 (%)
0.0
10.0
20.0
30.0
40.0
50.0
60.0
70.0
80.0
90.0
100.0
%
2005 99.3 96.2100.90.1100. 98.092.298.3100. 99.6100.100.61.9 100.100.83.389.4 88.698.794.7 96.2100.100.74.4 92.7
2008 94.3100.98.2100.98.1100. 100.98.3100.97.0 100.100.100.70.6 87.5100.83.399.5 91.197.595.297.3100.97.5100.99.0 95.1
BE BG CZ DK DE EE EL ES FR IE IT CY LV LT LU HU MT NL AT PL PT RO SI SK FI SE UK
2.3. Competent Authorities
The Directive imposes several obligations on Competent Authorities, of which the most
important are to examine the Safety Report and to communicate their conclusions to the
operator, to draw up External Emergency Plans, to ensure that the public liable to be affected
is informed on safety measures, to carry out inspections, to identify groups of establishmentswith possible "domino effects, and to take into account land-use planning implications of
major-accident hazards. Member States have provided a lot of specific information in their
national replies. However, within the limits of this reporting exercise, it is difficult to evaluate
in a statistically meaningful way the application of all such requirements. Therefore the
summary focuses only on some key aspects like External Emergency Planning, Information to
the Public and Inspections.
2.3.1. Elaboration of External Emergency Plans
Authorities designated for that purposes draw up External Emergency Plans for the measures
to be taken outside the establishment. These plans are important in containing and controlling
incidents so as to minimize the effects and to limit damage to man, the environment and
property
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Development Number of Sites - Number of Plans
3677
1129
3969
2829
4528
4136
0
500
1000
1500
2000
2500
3000
3500
4000
4500
5000
Upper Tier Establishments External Emergency Plans
2002
2005
2008
Figure 4: Percentage (%) of External Emergency Plans for 2002, 2005, 2008
External Emergency Plans (%)
0.0
10.0
20.0
30.0
40.0
50.0
60.0
70.0
80.0
90.0
100.0
%
2002 56.9 14.9 73.9 20.9 84.6 8.3 14.8 62.9 0.0 54.2 0.0 0.0 100.0 100.0100.0 0.0 5.1 21.7 24.7 2.3 0.0 0.0 0.0 5.3 45.1
2005 56.9 73.4100.0 62.1 100.0100.074.3 67.5 87.0 68.4 0.0 75.9100.0 0.0 89.4 16.7 98.4 57.0 92.2 57.0 73.1 100.096.4 55.2 95.8
BE BG CZ DK DE EE EL ES FR IE IT CY LV LT LU HU M T NL AT PL PT RO SI SK FI SE UK
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according to the responses made, around 40 % of the existing external emergency plans were
tested.
Figure 5: Percentage (%)7 of Tested External Emergency Plans 2005 and 2008
Tested External Emergency Plans 2005 - 2008 (%)
0.0
10.0
20.0
30.0
40.0
50.0
60.0
70.0
80.0
90.0
100.0
%
2005 0.0 5.2 55.0 5 1.8 0.0 0.0 56.0 2 8.7 55.0 2 1.5 0.0 100. 100. 0.0 100. 0.0 0.0 95.6 46.6 1 9.0 0.0 64.1 0.0 37.9 6 2.7
2008 115 77 25 50 77 24 112 43 66 56 0 103 306 0 100 33 0 85 109 35 82 100 154 74 27 65
BE BG CZ DK DE EE EL ES FR IE IT CY LV LT LU HU MT NL AT PL PT RO SI SK FI SE UK
2.3.3. Information to the public
Information on safety measures and on the requisite behaviour in the event of an accident has
to be supplied regularly, without their having to request it, to persons liable to be affected by a
major accident. The Directive leaves it open who is responsible for this. The maximum period
between the repetition of this information to the public is five years (two years longer than the
reporting period). Therefore the questionnaire asked for how many establishments
information had been made available during the period 2004-2008. Not all Member State
replies refer to this period.
Overall, the public was informed during the three/five-year period for around 80 % of the
establishments. This is an increase in comparison with the last period (72 %) and the period
preceding that (64 %). However it should be noted that the information is fragmentary with no
clear overall picture as regards whether, how and how effectively information was supplied.
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Information to the Public (%)
0.0
10.0
20.0
30.0
40.0
50.0
60.0
70.0
80.0
90.0
100.0
%
2003-2005 100. 65.075.0 57.8 0.0 49.012.798.356.5 100. 0.0 86.2 100. 0.0 97.9 0.0 100. 79.781.9 7.0 0.0 89.7 67.972.7 61.6
2006-2008 100 90 81 25 89 90 0 45 100 61 100 0 100 88 0 100 0 86 100 100 100 100 91 59 85
BE BG CZ DK DE EE EL ES FR IE IT CY LV LT LU HU MT NL A T PL PT RO SI SK FI SE UK
2.3.4. Inspections
All Seveso sites have to be inspected or be subject to control measures appropriate to the type
of establishment concerned. Unless there is programme of inspections based upon a
systematic appraisal of major accident hazards of the particular establishment concerned, each
establishment shall be subject to at least one on-site inspection every 12 months.
The Member States' replies show that in 2008 66 % of the establishments were inspected.
This figure is practically unchanged in comparison with 2005: 69% or 2002: 66%.
The figures provided do not allow clear conclusions to be drawn as the frequency of
inspections is linked to the programme of inspections. This aspect may warrant furtherexamination in due course, particularly in those cases where the reported figures are low.
Figure: 7: Percentage (%) of Inspected Establishments in 2005 and 2008
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Inspected Establishments in %
0
10
20
30
40
50
60
70
80
90
100
Nr
2005 82 98 85 52 100 27 56 95 100 33 100 66 100 60 100 0 100 86 100 30 92 95 100 44 93
2008 8 2 63 100 8 4 58 1 00 35 49 98 100 3 0 100 97 88 88 1 00 100 8 1 39 100 1 6 100 100 6 8 54 38 74
BE BG CZ DK DE EE EL ES FR IE IT CY LV LT LU HU MT NL A T PL PT RO SI SK FI SE UK
2.4. Major accidents
The number of major accidents is a key indicator to measure the performance of the Directive
and its aim to prevent accidents.
The following numbers of accidents were reported to eMARS, the Major Accident Reporting
System8 under Article 15 (1) and Annex VI of the Directive, including accidents in bothupper- and lower-tier Seveso establishments. Per year, around 20 to 35 major accidents occur
in the EU.
Due to delays in accident reporting mainly caused by the time taken to complete legal
proceedings, the figures for the last few years may still rise.
However considering the increase in the number of establishments, relatively fewer major
accidents happened per establishment. The frequency of accidents, which had for many years
been higher than 3 per 1000 establishments per year, seems to be falling to under 3 on average
for the latest reporting period and will hopefully approach 2 in the near future. This tendency
suggests that the Directive is meeting its objectives.
Figure: 8: Major Accidents in the last three Reporting Periods
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Major Accidents EU
8682
79
0
10
20
30
40
50
60
70
80
90
100
2000-2002 2003-2005 2006-2008
3. CONCLUSIONS AND WAY FORWARD
The above analysis confirms that the Directive is working well and that implementation bythe Member States has substantially improved. The number of Seveso establishments
increased in this reporting period by 10 % to 4528 sites whilst the number of major accidents
decreased. However there are deficiencies in some areas in some Member States. Remedial
action should be taken where appropriate further to improve implementation.
Industry operators would appear to comply to a large extent with the requirements of the
Directive as demonstrated by the figures about the quantity of safety reports and internal
emergency plans this.
Concerning the obligation of authorities to draw up external Emergency Plans, a steep rise can
be noted in the last few years. By the end of 2008, the level of available external plans had
reached over 90%, a level that should have subsequently increased further following the
infringement procedures launched against most Member States in 2007/2008 This clearly
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for example, rising from around 40 to 60 %, indicates positive progress, but does not enable
any conclusions to be drawn about the quality of the plans, the tests or the response
arrangements.
The overall performance on information supplied to public has increased but is still not
optimal. Moreover the bare figures show a wide variation between Member States, and
information is lacking about the ways how information is supplied and measured. The results
raise doubts whether information on safety measures and the requisite behaviour in the event
of an accident has in fact reached all the people liable to be affected. This topic, and the
possible need to strengthen and improve the effectiveness of the existing provisions, will be
addressed in the current review of the Directive (see below).
As regards inspections, it is interesting to note that the overall percentage of inspected
establishments is practically unchanged over the last three reporting periods. The figures
reveal nothing about the quality and effectiveness of inspections. Furthermore it is unclear
whether or not any improvements are necessary or would be feasible. The Commission notes
that a relatively high number of establishments remain uninspected in a given year. It assumes
that this may be due to inspection frequency being followed in line with the flexibility
provided by the Directive relating to programmes of inspections. However, some
improvements to ensure better inspections and more coordination, also at EU level, may be
warranted.
Finally, the Commission notes that the quality and volume of the data submitted to the
Commission has not changed much in recent reporting periods and that this exercise produces
only limited meaningful results. Therefore the Commission intends to address the reporting
system itself in the review, with a view to ensuring more coherent and effective arrangementsfor all information obligations under the Directive, without imposing unnecessary additional
burdens on operators and authorities.
Way forward
The Commission will take the findings of this report into account in the review of the
Directive, which is expected to lead to a legal proposal for a revised or new Directive later
this year. The review will address the overall effectiveness of the Directive and examine possible improvements taking into account the conclusions of this report.
This summary is the penultimate report under the existing Directive. The questionnaire for
next reporting period 2009-2011 has already been agreed 9. Member States are invited to
report about the application in the current period by 30 September 2012. Future reporting
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Annex 1Provisions >
Member Statev
UpperTier
establ.2008
UpperTier
establ.2005
UpperTier
establ.2002
SafetyReport 08
not yetsubmitted
InternalEmergency
Plans 08
not yetdrawn up
ExternalEmergency
Plans 08
not yetdrawn up
ExternalEmergency
Plans 05
not yetdrawn up
EEPstested
06+07+08
EEPstested
03+04+05
Info tothe
public06+07+08
Info tothe
public03+04+05
Inspectedin 2008
Inspectedin 2005
Belgium 174 137 137 10 0 87 59 99 0 174 137 143 112
Bulgaria 52 0 0 0 0 40 47 33
Czech Republic 112 79 74 2 2 6 21 22 3 91 51 112 77
Denmark 44 20 23 0 0 0 0 22 11 11 15 37 17
Germany 1077 976 815 21 20 68 370 703 314 955 564 624 505
Estonia 21 14 13 0 0 0 0 5 0 19 21 14
Greece 83 100 108 0 0 10 0 0 0 49 29 27
Spain 295 245 216 5 6 85 63 236 102 133 31 146 138
France 553 593 626 0 6 0 191 229 114 573 583 543 565
Ireland 33 23 20 1 0 1 3 21 11 20 13 33 23
Italy 518 462 474 0 0 9 146 286 68 518 462 156 153
Cyprus 11 13 14 0 0 0 13 0 0 0 0 11 13
Latvia 30 29 19 0 0 0 7 31 22 30 25 29 19
Lithuania 17 21 14 5 0 0 0 52 44 15 30 15 21
Luxembourg 8 5 2 1 1 1 5 0 0 0 0 7 3
Hungary 63 47 46 0 0 0 5 63 85 70 46 63 47
Malta 6 6 9 1 0 0 5 2 0 0 0 6 0
Netherlands 221 188 176 1 0 0 3 0 188 179 188
Austria 79 79 60 7 8 10 34 57 43 68 63 31 68
Poland 161 149 146 4 3 10 9 134 54 162 122 161 149
Portugal 62 57 44 3 2 39 36 8 4 4 10 17
Romania 113 3 3 7 0 86 113 113
Slovenia 24 26 26 0 0 0 7 24 0 24 0 24 24
Slovakia 40 39 38 1 1 2 0 57 25 40 35 27 37
Finland 127 84 80 0 0 25 3 75 0 115 57 68 92
Sweden 195 172 133 2 9 12 77 50 36 115 125 75 75
UK 409 385 364 20 20 20 42 251 215 349 237 303 357
Σ EU-27 4528 3949 3677 87 81 392 1099 2553 1151 3642 2837 2999 2741
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