Key Benefits:
Publics concerned: operators of facilities classified for environmental protection (ICPE).
Subject: Transposition of the Seveso Directive 3.
Entry into force: the text comes into force on June 1, 2015.
Notice: This Order aims to transpose into French law the regulatory level provisions of Directive No. 2012/18/EU "Seveso 3 Directive" on the control of hazards associated with major accidents involving hazardous substances. In particular, it specifies the terms and conditions for the application of the provisions described in Title I of Book V of Environmental Code. This order will replace and repeal the 10 May 2000 decision on the prevention of major accidents involving substances or hazardous preparations in certain categories of facilities classified for the protection of the environment subject to authorization on 1 June 2015. This includes grooming provisions on the content of hazard studies and risk analyses of major accidents.
References: This Order is available on the website Légifrance (http://www.legifrance.gouv.fr).
Minister of Ecology, Sustainable Development and Energy,
Considering Directive 2012/18/EU of the European Parliament and Council of 4 July 2012 on the control of hazards associated with major accidents involving hazardous substances, amending and repealing Council Directive 96/82/EC;
Vu le environmental codeincluding the title I of Book V;
Having regard to the opinion of the Higher Council for the Prevention of Technological Risk of 3 July 2013;
In view of the comments made at the public consultation held from 1 June 2013 to 25 June 2013,
Stop it!
This Order sets out the requirements for the prevention of major accidents involving hazardous substances or mixtures present in classified facilities referred to inArticle L. 515-32 of the Environmental Code.
For the purposes of this Order, the following means:
Establishment: all classified facilities under the same operator located on the same site, including related equipment and activities, as provided for in theArticle R. 512-32 of the Environmental Code provided that the facilities operated enter the scope of this Order.
High threshold establishment: an establishment that meets provisions of Article L. 515-36 of the Environmental Code.
Low threshold establishment: an establishment under section 1 and not meeting the provisions of section L. 515-36.
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 environmental codeserious, immediate or delayed consequences, involving one or more hazardous substances or mixtures.
I. Consistent with provisions of Article R. 515-86 of the Environmental Code, the operator conducts the regular identification of hazardous substances or mixtures that may be present in the facility by referring to the classes, categories and hazard references, or substances designated in the table annexed to Article R. 511-9 of the Environmental Code.
The notification of this census includes the following information:
1. The name or social reason of the establishment:
(a) If it is a natural person: name, first name and domicile;
(b) If it is a legal person: name or social reason, legal form, address of the head office.
2. The complete address of the establishment.
3. The name, function, telephone contact information and fax of the person in charge of the establishment.
4. If applicable, the SIRET number.
5. An email address to which messages can be sent.
6. The activity of the establishment.
7. If applicable, the establishment's NAF code.
8. List of substances, mixtures, families of substances or families of hazardous mixtures that may be present in the facility, classified on the basis of their classes, categories and hazard statements. For each substance or mixture, family of substances or family of mixtures: physical form (liquid, solid, gas) and maximum quantity likely to be present.
The operator shall keep the prefect informed of the outcome of this census in accordance with the terms and conditions set out in section 4.
II. ― If the operator fails to properly resubmit or has not provided a hazard study, the operator also specifies in writing to the prefect the summary description of the site's immediate environment, in particular the elements likely to be original or to worsen a major accident by domino effect, as well as the information available on nearby industrial sites and facilities, areas and facilities that may be involved in such domino effects.
The result of the census is identified by the operator in an electronic database.
When the census is conducted as of December 31 of the year concerned, within the framework of theArticle L. 515-32 of the Environmental Code, the electronic database is updated by 15 February of the following year.
A specific database is formed by the Ministry of Defence for the facilities mentioned in theArticle R. 517-1 of the Environmental Code.
Major Accident Prevention PolicyArticle R. 515-87 of the Environmental Code is described by the operator in a document maintained up-to-date and maintained at the disposal of the inspection of classified facilities.
Operators of high and low threshold facilities provide the prefect with the elements to enable it to meet the obligations arising from theArticle L. 515-34 of the Environmental Code relating to public information.
1. General.
The hazard study warrants that the operator implements internal risk control measures at the facility, whose cost is not disproportionate to the expected benefits, in accordance with the expected benefits provisions of Article R. 515-90 of the Environmental Code. Appendix II to this Order sets out the criteria for applying this approach.
The hazard study mentions the names of the writers and/or organizations involved in its development. It also demonstrates that a policy for the prevention of major accidents and, for establishments covered byArticle L. 515-36 of the Environmental Codethat a security management system is properly implemented. In addition, for establishments covered by the articles L. 515-36 and R. 512-29 the environmental code, it demonstrates that an internal operating plan is implemented in an appropriate manner.
2. Risk analysis.
Risk analysis, within the meaning ofArticle L. 512-1 of the Environmental Code, constitutes an identification, risk control 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.
The main objective of this risk analysis approach is to describe or quantify the level of risk control by assessing the safety measures put in place by the operator, as well as the operational, technical, human or organizational arrangements and arrangements that contribute to this control.
It covers all possible operating modes for installations, including transitional phases, interventions, foreseeable degraded steps, which may affect safety, in a proportionate to risks or where hazards are important.
3. Elaboration of the hazard study based on the findings of the 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 describes the relevant design measures, technical measures and organizational and management measures to reduce the likelihood and/or effects of hazardous phenomena and to act on their kinetics. It justifies (from technical elements or by demonstration of a disproportionate cost compared to expected benefits) any deviations from the professional repositories of recognized good practices, where they exist or, if not, from the available information on best practices. It also contains a minimum of the information provided in Annex III.
4. Presentation of accidents in the study of hazards in terms of probability-gravity of consequences on people.
The hazard study contains, in a specific paragraph, the positioning of potential accidents that may affect people outside the facility according to the schedule in Appendix III to this Order.
In the study of hazards, the operator shall, where appropriate, express the relationship between the grid in Annex III to this Order and those, possibly different, used in its risk analysis.
The operator shall establish in the establishment a safety management system applicable to all facilities that may result in major accidents under theArticle L. 515-40 of the Environmental Code. The security management system is in accordance with the provisions mentioned in annex I to the present decision.
The operator shall implement the procedures and actions provided by the security management system, in accordance with theArticle R. 515-99 of the Environmental Code.
The operator shall be at the disposal of the inspection of classified facilities the various documents referred to in Appendix I to this Order.
I. In accordance withArticle R. 515-86 of the Environmental Code, the census is carried out no later than 31 December 2015, and every four years at 31 December.
It is also realized for the first time or updated :
―before the commissioning of a new facility;
―before making significant changes if necessary;
― within one year of the day the facility enters the scope of this section.
II. ― In accordance withArticle R. 515-87 of the Environmental Code, the policy of prevention of major accidents defined inArticle L. 515-33 of the Environmental Code is reviewed at least every five years and updated if necessary.
It is also performed or reviewed and if necessary updated:
―before the commissioning of a new facility;
- prior to the implementation of significant changes if necessary;
― within one year of the day the facility enters the scope of this section.
III. ― In application ofArticle R. 515-89 of the Environmental Codeand without prejudice to provisions of Article L. 124-7 of the Environmental Code, the information mentioned in theArticle L. 515-34 of the Environmental Code are made available to the public electronically:
―before commissioning a facility;
- prior to the implementation of significant changes;
∙ within as short as possible from the day the facility enters the scope of this section and within a period not exceeding one month from the date of availability of this information.
This Order comes into force on 1 June 2015.
The decision of 10 May 2000 on the prevention of major accidents involving substances or hazardous preparations in certain categories of licensed facilities is repealed on the same date.
The provisions of this Order shall apply to facilities that have been the subject of a project certificate pursuant to theOrder No. 2014-356 of 20 March 2014 on the experimentation of a project certificate and Decree No. 2014-358 of 20 March 2014 relating to the experimentation of a project certificate.
The Director General of Risk Prevention 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 S
A N N E X E I
SECURITY MANAGEMENT SYSTEM
The management system is proportionate to the risks, industrial activities and complexity of the organization in the facility and is based on the risk assessment. It incorporates the part of the overall management system, including the organizational structure, responsibilities, practices, procedures, processes and resources to determine and implement the policy for the prevention of major accidents.
The safety management system specifies, by specific provisions, the following situations or aspects of the activity:
1. Organization, training
The functions of staff involved in the prevention and treatment of major accidents at all levels of the organization are described, as well as the measures taken to raise awareness of the ongoing progress approach.
Training needs for personnel involved in the prevention of major accidents are identified. The organization of the training as well as the definition and adequacy of the content of this training are explicit.
External business personnel working on the site but likely to be involved in the prevention and treatment of a major accident is identified. The interface terms with this staff are explicit.
2. Identification and risk assessment
related to major accidents
Procedures are implemented to allow a systematic identification of major accident risks that may occur in any facility operating configuration.
These procedures must assess the potential for occurrence and assess the severity of identified accidents.
3. Process Mastery, Master of Operations
Procedures and instructions are implemented to allow process control and operation of safety facilities. The shut-off and start-up phases of the installations, shut-off, as well as maintenance and maintenance operations, even subcontracted, are the subject of such procedures.
Available information on best practices is taken into account to reduce the risk of system failure.
The safety management system also defines the actions implemented to control the risks associated with the ageing of equipment in the facility and corrosion.
They allow a minima:
- the identification of equipment referred to in section I of the October 4, 2010 decision on accidental risk prevention in licensed facilities; the increase in the tanks referred to in Article 29 of the October 3, 2010 Order relating to the storage of flammable liquids manufactured in a storage subject to authorization under sections 4330, 4331, 4722, 4734 and 1436 of the legislation of the facilities classified for the protection of the environment; the lifting of the pipes and receptacles covered by the 15 March 2000 order relating to pressure equipment and
― for each identified equipment, the development of a record containing: the initial state of the equipment, the presentation of the strategy put in place for the control of the state of the equipment (modalities, frequency, methods, etc.) and for the determination of the actions to be given to these controls (performance analysis methods, remedial action trigger criteria for repair or replacement, etc.). These elements of the strategy are justified, depending on possible degradation patterns, if any, by simple reference to the parts of the professional guide recognized by the Minister responsible for the environment on which they were established.
For each identified equipment, pursuant to the actions implemented to control the risks associated with ageing and corrosion, the results of the controls and the follow-up to these controls are drawn, including the measures taken to address identified problems and possible interventions.
These records or a copy of these records are made available for inspection of classified facilities. They are collected or can be printed in such a way that they can be made available quickly when inspecting classified facilities.
When the census or records referred to above are prepared on the basis of a professional guide recognized by the Minister for the Environment, the revisions to the guide are taken into account by the operator within the time limit set by these revisions or by the departmental decision to amend the guide, if any.
4. Design and management of amendments
Procedures are implemented for modifications to facilities and processes and for the design of new facilities or processes.
5. Emergency management
Consistent with the procedures of item 2 (Identification and risk assessment of major accidents) and item 3 (Process management, operational control), procedures are implemented for emergency management.
Their articulation with the internal operating plans provided for in theArticle L. 515-41 of the Environmental Code is insured.
These procedures are:
- a specific training provided to all staff involved in the establishment, including staff from outside companies who are called to intervene at the time in the establishment;
– implementation tests in the form of exercise, and, if necessary, development.
6. Performance monitoring
Procedures are being implemented for a permanent assessment of the operator's compliance with its major accident prevention policy and safety management system. Mechanisms for investigation and correction of non-compliance are in place.
Procedures include the system of notification of major accidents or accidents that have been avoided in a fair manner, including in the event of failures of preventive measures, investigations and follow-up, based on past experiences.
Procedures may also include performance indicators, such as safety performance indicators and other useful indicators.
7. Management audits and reviews
Procedures are implemented for the systematic periodic evaluation of the policy of prevention of major accidents and the effectiveness and adequacy of the safety management system.
The documented analysis is conducted by management: results of the established policy, security management system and updating, including consideration and integration of the necessary modifications mentioned in the audit.
A N N E X E I
DEMARCHE DE MAÎTRISE DES RISQUE
1. General principles
The control approach, by the establishment operator, of the accidental risks to public health and the environment is to minimize the likelihood of potential hazardous phenomena or the severity of accidents associated with them, taking into account the state of knowledge and practices and the vulnerability of the facility's environment, in accordance with the requirements of the facility provisions of Article R. 512-9 of the Environmental Code.
To this end, the operator analyzes 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 covered by the facilityArticle L. 511-1 of the Environmental Code.
The approach follows the following principles:
– priority is given to risk prevention at the source, both at the time of the design of industrial activity and its operation;
- the most frequent accidents must have only negligible consequences;
– accidents with the most serious consequences must only occur at frequencies as low as reasonably possible;
– priority is given to reducing the most important risks, both at the time of designing facilities and throughout their lives.
2. Prerequisite and limitations of the risk control approach
In its hazard study, the operator specifies the risk control measures implemented and 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:
– meteorite fall;
― amplitude earthquakes greater than the maximum reference earthquakes which may be corrected by factors, as defined by the regulations, applicable to classified facilities;
― crues of amplitude greater than the reference flood, according to the rules in force;
- climate events of greater intensity than historically known or foreseeable events that may affect the facility, according to the rules in force;
– aerodrome drop out of areas near airport or airfield;
• Class A or B dam rupture within the meaning ofArticle R. 214-112 of the Environmental Code or a Class A, B or C dyke within the meaning of Article R. 214-113 of that same code;
– acts of evil.
A N N E X E I I
MINIMUM INFORMATION TO BE CONTENTS
DANGERS
I. - Common provisions
1. Presentation of the facility's environment:
(a) Description of the establishment and its environment including geographical location, meteorological, geological, hydrographic data and, where applicable, its history;
(b) Identification of facilities and other activities within the facility that may represent a major accident hazard;
(c) On the basis of available information, census of neighbouring establishments, as well as sites not covered by this Order, areas and facilities likely to be original, or increase the risk or consequences of a major accident and domino effects;
(d) Description of areas where a major accident can occur.
2. Installation description:
(a) Description of the main activities and productions of the parts of the facility that are important in terms of safety, sources of risk for major accidents and conditions under which this major accident could occur, along with a description of the planned preventive measures;
(b) Description of processes, including operating modes, taking into account, where appropriate, available information on best practices;
(c) Description of hazardous substances:
(i) Inventory of hazardous substances including:
― the identification of hazardous substances: chemical designation, CAS number, designation in the ICACP nomenclature;
– the maximum quantity of hazardous substances present or likely to be present;
(ii) Physical, chemical, toxicological characteristics and hazard indication, both immediate and delayed, for human health or the environment;
(iii) Physical or chemical behaviour under normal conditions of use or under predictable accidental conditions.
3. Identification and analysis of accident risks and means of prevention:
(a) Detailed description of possible major accident scenarios and their probability or occurrence conditions including the summary of events that may play a role in the initiation of each of these scenarios, whether the causes are internal or external to the facility; in particular:
(i) Operational causes;
(ii) External, for example, by domino effects or by sites not covered by this directive, areas and facilities likely to originate, or increase the risk or consequences of a major accident;
(ii) Natural causes, such as earthquakes or floods;
(b) Assessment of the extent and severity of the consequences of major accidents identified, including maps, images or, where applicable, equivalent descriptions showing areas likely to be affected by such accidents involving the establishment;
(c) Inventory of past accidents and incidents involving the same substances and processes, review of lessons learned and explicit reference to specific measures taken to avoid such accidents;
(d) Description of the technical parameters and equipment installed for the safety of the installations.
4. Protection and intervention measures to limit the consequences of a major accident:
(a) Description of equipment put in place in the facility to limit the impact of major accidents on public health and the environment, including detection/protection systems, technical devices to limit the extent of accidental releases, including water spraying devices, steam screens, capturing tanks and emergency collection basins, stop valves, water retention systems and emergency collection systems
(b) Organization of Alert and Response;
Description of internal or external means; description of any technical and non-technical measures useful for reducing the consequences of a major accident.
5. Potential accident presentation grid in terms of probability-gravity of consequences on people:
| Gravity of consequences on persons at risk | E | D | C | B | A |
| Desastreux | | | | | |
| Disaster | | | | | |
| Important | | | | | |
| Seriously. | | | | | |
| Moderate | | | | | |
II. ― Additional information
only high-level institutions
Information on the management system and the organization of the facility for the prevention of major accidents.
This information covers the items listed in Appendix II.
Done on May 26, 2014.
For the Minister and by delegation:
Director General
risk prevention,
P. White
