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September 24, 2014

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Seveso III Directive: Will it deliver?

By Professor Alan Waring
In June 2015, the new EU Major Hazards Directive (also known as Seveso III) comes into effect fully and applies to all EU member states. Seveso III replaces the Seveso II Directive of 1996. These directives seek to create a ‘level playing field’ so that all member states comply and deliver a high standard of protection for man and the environment.

Terry Woolmer’s article (SHP June 2014, pages 46-47) outlined the gist of Seveso III.

To recap, the core duties placed on operators of major hazard sites include the following:

Article 8: draw up, implement, maintain and revise as necessary a Major Accident Prevention Policy (MAPP) ‘designed to ensure a high level of protection for man and the environment’ by ‘appropriate means, structures and by a safety management system’ as specified in the Annexes. Note that, for reasons unclear, the duty to ‘ensure’ in Seveso III Article 8 is less demanding than the duty to ‘guarantee’ in the corresponding Article of Seveso II.

Article 9: prevent a domino effect by addressing proximity of other sites, especially if they also have major hazards; the public must be suitably informed.

Article 10: prepare, review and revise as necessary a detailed safety report demonstrating: the effectiveness of the MAPP and its associated safety management system, as detailed in Annex III; systematic identification and assessment of major hazards and the corresponding safety measures; adequate safety and reliability in the design, construction, operation and maintenance of any installation, storage facility, equipment infrastructure relevant to major hazards; and adequate internal and external emergency plans.

Article 13: land use planning and safety distances.

Article 15: informing the public, public consultation and participation.

While these requirements may appear to be straightforward and are not controversial, unfortunately experience has shown that some member states simply adopt it as window dressing with little or no meaningful implementation.

Few people realise that, for example, the EU Commission which issues these directives has no responsibility for how, or even whether, they are implemented in member states. The ‘principle of subsidiarity’ is absolute and it is up to each member state to ensure implementation.

Unfortunately, as a forthcoming SHP article will explain, not all member states will ensure its proper implementation.

Cyprus-based Brian Lait, who worked internationally in the energy sector for many years, will expose the very real danger that some member states may thwart all the best intentions to create a level playing field of high standards for major hazards risk control across the EU.

If a ‘what can we get away with?’ culture prevails, then implementation of Seveso III will founder and major hazard accidents, if not disasters, will become more likely.
To demonstrate that such concerns about weak implementation are justified, the article looks at Cyprus’ approach to Seveso II and III and highlights the Mari Naval-Base-EAC Vassilikos Power Station disaster in 2011 to underline the need for compliance with the legislation.

Professor Alan Waring is a leader in corporate risk management and CFIOSH with major hazards experience, based at the European University Cyprus

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