Key Benefits:
Minister of Ecology and Sustainable Development,
Considering Directive 96/82/EC of 9 December 1996 on the control of hazards associated with major accidents involving substances or hazardous preparations;
Having regard to Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003 amending Council Directive 96/82/EC on the control of hazards associated with major accidents involving hazardous substances;
Considering the environmental code, including its article L. 512-5;
In view of the amended Decree No. 53-578 of 20 May 1953 on the nomenclature of facilities classified for the protection of the environment;
Having regard to Decree No. 77-1133 of 21 September 1977 as amended for the application of Act No. 76-663 of 19 July 1976 on facilities classified for the protection of the environment;
Having regard to amended Decree No. 80-813 of 15 October 1980 on facilities classified for the protection of the environment under the Ministry of Defence or subject to rules for the protection of the secrecy of national defence;
Considering the amended decision of 20 April 1994 on the declaration, classification, packaging and labelling of substances;
Considering the amended decision of 10 May 2000 on the prevention of major accidents involving substances or hazardous preparations in certain categories of facilities classified for environmental protection subject to authorization;
Considering the decision of 9 November 2004 defining the classification criteria and conditions for the labelling and packaging of hazardous preparations and transposing Directive 1999/45/EC of the European Parliament and the Council of 31 May 1999 on the approximation of the legislative, regulatory and administrative provisions relating to the classification, packaging and labelling of hazardous preparations;
In view of the decision of 29 September 2005 on the assessment and consideration of the probability of occurrence, kinetics, effects intensity and severity of the consequences of potential accidents in the hazard studies of licensed facilities;
Having regard to the opinion of the Superior Council of Facilities classified as of 21 June 2005,
Stop it!
References to section 7-1 of the Act of 19 July 1976 in the above-mentioned Order of 10 May 2000 are replaced by references to section L. 515-8 of the Environmental Code.
The reference to section 7 of the Act of 19 July 1976 in the aforementioned 10 May 2000 Order is replaced by the reference to section L. 512-5 of the Environmental Code.
The second paragraph of section 2 of the above-mentioned decision of 10 May 2000 is replaced by the following definition:
"Major accident: an event such as a major program, fire or explosion resulting from uncontrolled developments during the operation, resulting in, for the interests referred to in L. 511-1 of the Environmental Code, serious, immediate or delayed consequences and involving one or more substances or hazardous preparations. »
Section 4 is replaced by the following:
"The facilities must be designed, constructed, operated and maintained in accordance with the state of art, with a view to preventing major accidents involving hazardous substances or preparations and limiting their consequences to humans and the environment.
1. General
The operator provides a hazard study in accordance with the provisions of Article 3 (5°) and the second paragraph of Article 3 (6°) of the decree of September 21, 1977 referred to above.
For new applications for authorizations, the hazard study is carried out in a single document at the facility, eventually supplemented by documents related to the various facilities involved.
It warrants that the operator implement all internal risk control measures at the facility, whose cost is not disproportionate to the expected benefits, either in terms of overall security of the facility, or in terms of security for the interests referred to in section L. 511-1 of the Environmental Code or the cost of avoided measures for the community. Appendix IV to this Order sets out the criteria for the application of this approach, which stems from the principle of proportionality defined in Article 3 (5°) of the Decree of 21 September 1977.
The hazard study mentions the names of the writers and/or competent bodies who participated in its development.
2. Risk analysis
Risk analysis, as defined in section L. 512-1 of the Environmental Code, is a risk identification and reduction approach carried out under the responsibility of the operator. It describes the scenarios that lead to hazardous phenomena and potential accidents. No scenario should be ignored or excluded without explicit prior justification.
This risk analysis approach is primarily intended to describe or quantify the level of risk control by assessing the safety measures put in place by the operator, as well as the importance of operational, technical, human or organizational arrangements and arrangements that contribute to this control.
It covers all possible operating modes for installations, including transitional phases, foreseeable interventions or modifications that may affect safety, foreseeable degraded steps, in such a way that the risks or hazards are important. It leads the facility operator to identify and prioritize critical safety issues, with reference to good practices and the return of experience of any kind.
3. Elaboration of hazard study based on conclusions
risk analysis
The hazard study that the operator delivers to the administration contains the main elements of the risk analysis, without replicating it. The hazard study outlines the safety objectives pursued by the operator, the approach and means to achieve this. It describes the relevant technical measures and organizational and management measures to reduce the probability and effects of hazardous phenomena and to act on their kinetics. It justifies possible deviations from professional repositories of good practices, where they exist, or, if not, from recent facilities of a comparable nature.
4. Presentation of accidents in the study of hazards in terms of probability-gravity of consequences on people
The hazard study must contain, in a specific paragraph, the positioning of potential accidents that may affect persons outside the facility according to the schedule in Appendix V to this Order.
In the study of hazards, the operator shall, where appropriate, express the relationship between the grid in Appendix V to this Order and those, possibly different, used in its risk analysis.
5. Major Accident Prevention Policy
The operator defines a policy for the prevention of major accidents.
The operator defines the objectives, directions and means for the implementation of this policy. The means are proportionate to the risks of major accidents identified in the hazard study. The operator provides information to the facility staff on the policy of prevention of major accidents.
6. Maintenance and control of risk control over time
Throughout the life of the facility, the operator monitors the application of the major accident prevention policy and ensures that the level of risk control is maintained. »
In Article 5 of the above-mentioned Order of 10 May 2000, the reference to Article 3-5 is replaced by the reference to Article 3 (5°).
The first paragraph of Article 8 is deleted.
The second paragraph of Article 8 is replaced by the following provisions:
"The hazard studies are consistent with, on the one hand, the policy of prevention of major accidents referred to in Article 4 and, on the other, the safety management system provided for in Article 7. »
The provisions of Article 10 shall be replaced by the following provisions:
"For new existing institutions subject to this Order, the result of the census under Article 3 shall be forwarded to the Prefect no later than three months from the date of publication of this amended Order.
For all establishments subject to this Order, an updated census and (the) activity(s) of the institution are forwarded to the Prefect before December 31, 2005 and, every three years, before December 31 of the year concerned. »
The table in Appendix I to the above-mentioned decision of 10 May 2000, denoting the facilities referred to in Article 1, paragraphs 1.2.1 and 1.2.2, of the 10 May 2000 order, is deleted and replaced by the table in Appendix I to this Order.
The provisions of Annex II to the above-mentioned Order of 10 May 2000 are replaced by:
The condition referred to in Article 1, paragraph 1.2.2., of this Order is as follows:
"Where a number of hazardous substances or preparations referred to in the nomenclature headings listed in Appendix I are present in an establishment with at least one of the facilities subject to authorization under one of the headings listed in Appendix I to this Order, the provisions of this amended Order shall apply where the following addition rule is satisfied:
You can see the table in the OJ
n° 234 of 07/10/2005 text number 35
With:
qx indicating the quantity of the substance or preparation x likely to be present in the facility,
Qx identifying the threshold quantity for these substances or preparations in the right column of the table in Schedule I to this amended Order.
This condition applies:
(a) For the addition of substances or preparations referred to in 11.., excluding entries 1171, 1172, 1173.
(b) For the addition of substances or preparations under headings 1171, 1172 and 1173.
(c) For the addition of substances or preparations referred to in 12., 13. and 14. and 2255. »
The third paragraph of paragraph 5 of Schedule III to the above-mentioned decision of 10 May 2000 is replaced by the following provisions:
"These procedures are:
- a specific training provided to all staff involved in the establishment, including the staff of external companies who are called to intervene at the time;
- regular experimental implementations and, if necessary, development. »
In the above-mentioned decision of 10 May 2000, annexes IV and V shall be inserted in accordance with the respective provisions of Annexes II and III to this Order.
For the purposes of the decision of 10 May 2000 as amended by this Order, it shall be considered as:
- new establishments to be established on a new site whose facilities are subject to applications for authorization submitted after the expiry of a period of three months from the date of publication of this Order in the Official Journal;
- existing establishments that were covered by the order of 10 May 2000 before 16 August 2005;
- existing newly submitted to the amended decision of 10 May 2000 on establishments that do not meet the conditions defined in the preceding two paragraphs.
11.1. New settlements
The provisions of the above-mentioned Order of 10 May 2000 as amended by this Order shall apply after the expiry of a period of three months from the date of publication of this Order in the Official Journal.
11.2. Existing institutions
11.2.1. Establishments referred to in Article 1, paragraphs 1.2.1. and 1.2.2., of the amended 10 May 2000 order referred to above.
The provisions of the above-mentioned Order of 10 May 2000 as amended by this Order shall apply within three months of its publication, subject to the following provisions:
- the provisions of articles 3 and 10 shall apply in the manner defined in these articles;
- the provisions of Articles 4.1 to 4.4 shall apply from the date of publication of this order increased by five years.
11.2.2. Establishments referred to in Article 1, paragraph 1.2.3., which were referred to in Article 1, paragraphs 1.2.1. and 1.2.2., before August 16, 2005.
The provisions of the above-mentioned Order of 10 May 2000 as amended by this Order shall apply within three months of its publication, subject to the following provisions:
- the provisions of articles 3 and 10 shall apply in the manner defined in these articles;
- the provisions of Articles 4.1 to 4.4 as well as those of Article 8 shall apply from the date of publication of this order increased by one year;
- the provisions of Article 7 shall apply from the date of publication of this order increased by one year.
11.2.3. Establishments referred to in Article 1, paragraph 1.2.3., from a date prior to August 16, 2005.
The provisions of the above-mentioned Order of 10 May 2000 as amended by this Order shall apply within three months of its publication, subject to the following provisions:
- the provisions of articles 3 and 10 shall apply in the manner defined in these articles;
- the provisions of Articles 4.1 to 4.4 shall apply to revisions of hazard studies due from the date of publication of this Order increased by four months.
11.3. Newly existing settlements
submitted to the amended decision of 10 May 2000
The provisions of the above-mentioned Order of 10 May 2000 as amended by this Order shall apply within one year from the date of publication, subject to the following provisions:
- the provisions of articles 3 and 10 shall apply in the manner defined in these articles;
- the provisions of Articles 4.1 to 4.4 shall apply to the establishments referred to in Article 1, paragraphs 1.2.1. and 1.2.2., from the date of publication of this Order increased by five years.
11.4. Existing institutions subject to significant changes within the meaning of Article 20 of Decree No. 77-1133 of 21 September 1977 as amended
The submission by the operator of an establishment, prior to the deadlines set out in paragraphs 11.2 and 11.3 for that establishment, of an application for permission to change an operator or for an application for authorization in the event of an extension, modification or establishment of a facility, does not alter these dates.
The Director of Pollution Prevention and Risk is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
A N N E X E I
You can see the table in the OJ
n° 234 of 07/10/2005 text number 35
A N N E X E I
A N N E X E I V
DEMARCHE DE MAÎTRISE DES RISQUE
1. General principles
The control approach, by the establishment operator, of accidental risks to the interests referred to in L. 511-1 of the Environmental Code is to minimize the likelihood or intensity of the effects of hazardous phenomena leading to potential major accidents, taking into account the state of the knowledge and practices and the vulnerability of the facility's environment.
To this end, the operator analyzes all possible risk control measures and implements those whose cost is not disproportionate to the expected benefits, either in terms of overall security of the facility or in terms of security for the interests referred to in Article L. 511-1 of the Environmental Code.
The approach follows the following principles:
The most frequent accidents must have consequences only "insignificant";
Accidents with the most serious consequences should only occur at "as low as possible" frequencies;
Priority is given to reducing the most important risks, both at the time of facility design and throughout their lives.
2. Requirements and limitations of the approach
risk management
In its hazard study, the operator specifies the risk control measures implemented and those not retained, as well as the reasons for this choice.
3. Limits on taking into account certain external events
may cause accidents at the facility
Some external events that may cause major accidents may not be taken into account in the hazard study and, in particular, in the absence of specific rules or instructions, the following events:
- a meteorite fall;
- amplitude earthquakes greater than the maximum reference earthquakes which may be corrected by factors, as defined by the regulations, applicable to classified installations;
- floods of amplitude greater than the reference flood, according to the rules in force (1);
- climate events of greater intensity than historically known or predictable events that may affect the facility, according to the rules in force;
- aerodrome drop out of areas near airport or airfield;
- dam break referred to in Circular 70-15 of 14 August 1970 on dams of public security;
- acts of evil.
A N N E X E I I
A N N E X E V
PROBABILITY-GRAVITY OF CONSEQUENCES ON PERSONS
You can see the table in the OJ
n° 234 of 07/10/2005 text number 35
Note. - Probability and severity are assessed in accordance with the Ministerial Order of September 29, 2005 on the assessment and consideration of the probability of occurrence, kinetics, effects intensity and severity of the consequences of potential accidents in the hazard studies of licensed classified facilities.
Done in Paris, September 29, 2005.
Nelly Olin
