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Arrangement of the State Secretary for Infrastructure and the Environment, from 29 February 2016, no. IENM/BSK-2016/39486 laying down rules for the elaboration of the Decision of the risk of major accidents 2015 (Scheme for the risk of major accidents)
The State Secretary for Infrastructure and the Environment,
Acting in accordance with the Minister of Social Affairs and Employment and the Minister for Security and Justice;
Having regard to Directive 2012/18 /EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently withdrawing the risk of dangerous substances Directive 96 /82/EC of the Council (PbEU 2012, L197);
Having regard to the Article 4, fifth paragraph , 6, 8th paragraph , 7, seventh member , 8, fifth paragraph , 13, thirteenth Member , 11, seventh member , 12, third member , 13, eighteenth member and 14 of the Decision of Risk of Serious Accidents 2015 , Article 4.4, first paragraph, of the Environmental Law Decision and Article 14, second paragraph, of the Decision on external security ;
HAS DECIDED:
For the purposes of this arrangement:
Decision: Risk of major accident decision 2015 ;
Calculation method Bevi: computational methodology as intended Article 1 (l) of the External Safety Scheme ;
Risk analysis: identification and analysis of the accident hazards and prevention tools referred to in Annex II, Section 4, to the Directive.
1 The data referred to in Article 4, second paragraph, of the Decision In any event, concern:
a. the data referred to in Article 6, first and fifth paragraph, of the Decision ;
b. Environmental permits issued for the establishment, including the applications;
(c) the designation of devices specified in Article 8, first paragraph, of the Decision ;
d. the safety report and any amendments or additions thereto;
e. the conclusions on the safety report referred to in Article 10 (1) of the Decision ;
f. inspection reports referred to in Article 15, first paragraph, part b, of the decision ;
g. enforcement actions and enforcement decisions;
h. The report on the farm fire department, referred to in
Article 7.2, 1st paragraph, of the Decision on security regions and the designation of industrial fire service, specified in Article 31, first paragraph, of the Safety Regions Act ;
Accident data referred to in: Article 20 that have been provided by the operator to satisfy the Environmental law general provisions law , the Environmental Environment Act , the Labor condition law or the Security Regions Law .
2 The data referred to in Article 4, second paragraph, of the Decision shall be provided through electronic information exchange.
In drawing up the list of dangerous substances, the nature and physical forms of the dangerous substances may be sufficient to indicate, for each substance, by the category of danger respectively, the chemical name and the CAS number, provided that the substance of the list of dangerous substances is physico-chemical properties and the hazard properties of the substance in question are known and visible on the basis of which hazardous substances or categories of substances the establishment is a low-risk device or a higher-level establishment.
When establishing the major accident prevention policy, a description of the following shall be given:
a. the nature and extent of the risks of major accidents;
b. the principles underlying the establishment of the safety management system and providing an insight into the consistency between the policy and the safety management system;
c. the criteria applied in the determination of the major-accident hazards;
d. the principles underpinning the measures taken to prevent major accidents and providing an insight into the consistency of the measures taken and the risks of major accidents.
1 The procedures for the systematic identification of the major-accident hazards referred to in Annex III (b) (ii) to the Directive shall cover in any case:
a. The conduct of a systematic examination of the risks associated with an installation of a major accident during the design, construction, use and maintenance of the plant, as well as any planned changes thereto;
(b) the criteria for determining the method for the examination referred to in subparagraph (a);
c. the method for assessing the risks of major accidents.
2 The method of testing referred to in paragraph 1 (b) shall be appropriate to the phases referred to in paragraph 1 (a).
3 The method referred to in paragraph 1 (c) shall be appropriate to identify the measures necessary for the prevention of major accidents or to reduce the effects thereof.
The competent authority shall inform the operators of the establishments and mayor and althouders of the municipality or municipalities in which the establishments are wholly or partially informed of a designation as referred to in Article 4 (2). Article 8, first paragraph, of the Decision .
Under groups of devices, as intended Article 8, first paragraph, of the Decision , devices which are located within one of the following conditions may be defined as: Article 14 of the Decision on external security Established safety contour.
The operator may submit the prevention policy document, safety report and the safety and health document referred to in Article 2. Article 2.42, second paragraph, of the Working Conditions decision , merge into one document.
The safety report shall contain the particulars and descriptions referred to in Annex II to the Directive, subject to the following conditions:
(a) a description of the maximum number of persons employed in the establishment and the maximum number of persons exposed to the risk of a major accident in the establishment and outside the establishment, in respect of Part 1; as well as an indication of the distribution of the number of persons on the establishment;
(b) a description of the zones likely to be affected by a major accident in respect of Part 2, to the extent that they are relevant to:
1. internal security;
2. external security;
3 °. the preparation of the emergency response plan;
(c) a description of the processes taking place in the establishment, as well as their course and a description of the substances on the list of the dangerous substances under which the properties and characteristics are to be found, in respect of Part 3. conduct of these substances under the conditions of the establishment and in the case of a foreseeable accident and the quantities in which those substances are, or may be, present in the establishment;
d. in respect of Section 4, a detailed description of the scenarios, elaborated by installation and the scenarios for a possible major accident in the area of the establishment which determines the content of the vehicle; internal contingency plan, for the disaster response plan, and for the size and equipment of the fire service fire department, intended Article 7.3 of the Decision on security regions ;
(e) a description of the consequences of the description of the protection and intervention tools referred to in this section for the internal emergency plan as well as a description of the organisation of the protection and protection of the environment; the company fire service considered necessary, including the size of the personnel and equipment and a description of other information necessary for the purpose of preparing the emergency response;
f. in respect of Parts 4 and 5, a description shall be given of the major accidents which may present within or outside the establishment and an enumeration of the corresponding measures taken to ensure that such accidents are likely to occur within or outside the establishment. reduce, reduce and reduce the effects of those accidents.
1 Without prejudice to the provisions of Article 9 , the description of the scenarios in a risk analysis relates to the components of the installations that pose the greatest risk of a major accident. The identification of the relevant components of the installations shall be carried out on the basis of a method described in the safety report.
2 The description referred to in paragraph 1 shall at least consider which of the following events these scenarios can initiate: corrosion, erosion, external load, impact, pressure, pressure, low temperature, high temperature, vibration, human error during use, alteration, or maintenance.
3 Of each scenario, qualitative or risk calculations are identified as to the likelihood and impact of the scenario and the measures taken to prevent the scenario from occurring.
For each scenario, in order to assess the acceptability of the risks and taking account of the measures already taken, a coherent understanding shall be provided in:
a. The remaining probability of a major accident;
b. the gravity of the consequences that the major accident will have in that case;
(c) which further measures are technically possible to further reduce the probability and effect of a major accident to a level that is to be provided, if possible according to risk calculations;
d. An indication of the costs associated with the taking of measures as referred to in subparagraph (c).
5 The scenarios show that the risks of major accidents are adequately controlled by the complete system of technical and organisational facilities.
1 The group risk and the risk of taking place, as referred to in point Article 6, second paragraph, of the Decision shall be calculated on the basis of the list of dangerous substances and shall apply the calculation method.
2 The calculation of the group risk and the risk of placement shall also be part of the risk analysis in the safety report and shall be reflected in the manner described in the calculation method Bevi.
3 The Articles 8b , 8c and Regulation No 8d of the External Safety Scheme shall be applicable mutatis mutandis.
Without prejudice to: Article 9 , the safety report shall include, as far as the risks to the environment are concerned, the following information:
a. An estimate of the likelihood of significant adverse effects on the environment arising from a major accident in the surface water or in the discharge into a purification process and an estimation of the extent of those effects;
(b) a list of the measures taken to reduce the risk to the environment in the event of a major accident.
Without prejudice to: Article 9 , the description in the safety report of external and natural causes referred to in Annex II (4) (a) (ii) and (iii) to the Directive shall, in any event, be as follows:
a. In the case of a designation as intended Article 8, first paragraph, of the Decision , an estimate of the probability and magnitude of the effects of a major accident caused by a neighbouring establishment;
b. an estimation of the probability and magnitude of the effects of a possible flood;
c. an estimation of the probability and magnitude of the effects of a possible earthquake;
d. an enumeration and a substantiation of the measures taken to reduce the risk of major accidents.
1 The operator may transmit a safety report or an updated safety report in electronic or written form to the competent authority.
2 Subject to the dispatch of the safety report referred to in Article 2 (d) (d) , the competent authority shall also send a copy to the Rijksinstituut for Public Health and the Environment.
1 The person going to drive a device shall, before the device or component is brought into operation, shall forward it to the completion of the safety report components specified in this Annex. Article 4.13, first paragraph, of the Environmental Law -to the competent authority, the data submitted by a security report on the basis of the Decision and shall contain, in so far as they have not yet been provided pursuant to Article 4.13 (1) of the Rules on Environmental Law.
2 The person who drives a device shall, each time before a change in the device or action, or a change in the installation or operation thereof, shall be transmitted to the person responsible for the risk of a major accident. (i) the competent authority may have an impact on the safety report required for the assessment of the risks associated with that change. To that end, he shall forward, as appropriate, the completeness of the safety report elements specified in the Annex. Article 4.17 of the Environmental Law , the data that a security report on the basis of the Decision and shall contain, in so far as they have not yet been provided pursuant to Article 4.17 of the Conditions of Environment.
1 The period referred to in Article 10 (1) of the Decision has expired, in any event, where the operator has not been informed of the conclusions following the safety report after six months.
2 Where the competent authority considers that the safety report is incomplete, within eight weeks of receipt of the safety report, the competent authority shall request the operator to provide additional information within one of the requests made in the request. maximum period of six weeks to be fixed.
3 The six-month period referred to in the first paragraph shall be suspended from the day on which the request referred to in paragraph 2 was made until the day on which the additional information was supplied or the period prescribed for that information was not used for that purpose. Expired.
1 The competent authority shall set up the supervisor, Article 1, third paragraph, part d, of the Working Conditions Act , on the occasion of assessing the elements of the safety report related to safety at work, and shall process this assessment in the conclusions following the safety report.
2 The competent authority shall allow the management of the security region in which the establishment is wholly or partly situated on the occasion of the safety report elements relating to the fire brigade and the preparation for the safety report. to assess the fight against disasters, and process this assessment in the conclusions of the safety report.
3 The competent authority shall set up the administrative organ, Article 6.15, fourth paragraph, of the Environmental Law Decision , with an opportunity to assess and process the safety report components related to possible water contamination or potential obstacles to the effective functioning of purification technology in a major accident. this assessment in the conclusions drawn from the safety report.
1 The operator shall ensure that services provided by the public authorities within the establishment for each installation have direct access to at least the following information from the dangerous substance contained within the installation; or dangerous substances and substances which constitute a risk based on their nature and quantity:
a. The chemical name or trade name;
(b) the maximum quantity present;
c. The CAS number or safety data sheet;
d. UN Number;
e. The hazard identification number.
2 Where the data referred to in points (c), (d) and (e) of the first paragraph do not exist, at least current data shall be available, without prejudice to the first paragraph, parts a and b:
a. The danger of an explosion;
b. the risk of fire;
c. the danger of a toxic cloud.
In any event, the competent authority shall coordinate:
a. the approach and implementation of inspections in respect of:
1 °. the notification provided for in Article 6 of the Decision ;
2 °. the major accident prevention policy and the safety management system;
3 °. devices, as intended in Article 8 of the Decision ;
4 °. the safety report;
5 °. the internal emergency plan;
6 °. the inspection plan and the inspection programme referred to in Article 13, fourth and seventh paragraph of the Decision ;
7 °. consultations with regard to monitoring and follow-up actions, including the inspection report, as referred to in Article 4 (2). Article 15, first paragraph b , and the burden under administrative coercion, meant in Article 17, sixth paragraph of the Decision ;
8 °. joint non-inspection activities;
9 °. consultations with regard to inspections;
b. Monitoring and responding to cases of non-compliance by regulators in the framework of inspections by:
1 °. the collection and evaluation of progress data, implementation data and quality data relating to monitoring and follow-up actions; and
2 °. the identification of anomalies detected with a structural or incidental nature where serious in nature and in the organisation or implementation of improvement measures.
1 The operator shall do so as soon as possible after a major accident to the supervisor, Article 1, third paragraph, part d, of the Working Conditions Act , by electronic means, notification of the following information:
a. Date, time, location and circumstances of the major accident;
b. the dangerous substances concerned, and their quantity;
(c) the impact of the major accident on workers, which may occur in the short or longer term;
d. the number of workers who have died as a result of exposure to a dangerous substance or is injured in such a way that this has resulted in a hospital being taken at the hospital for at least 24 hours;
e. measures planned and taken to protect workers and emergency measures;
f. measures planned and taken to protect workers in order to prevent the occurrence of a repeat of the accident;
g. the amount of material damage within the facility.
2 If further investigation has revealed data that deviate from the data supplied pursuant to the first paragraph, and which may change the conclusions drawn, such data shall be additional to the operator as soon as possible. provides electronic means.
3 The supervisor, referred to in Article 1, third paragraph, part d, of the Working Conditions Act ensure that the measures referred to in the first paragraph, parts e and f are actually taken.
4 In so far as the operator has already provided the information provided for in this Article to satisfy its obligations under the Environmental law general provisions law , the Environmental Environment Act or the Security Regions Law The obligations of the first and second Member States shall be fulfilled in that respect. In that case, the governing body which has received the relevant information shall send a copy thereof to the supervisor as soon as possible, as referred to in Article 4 (1). Article 1, third paragraph, part d, of the Working Conditions Act .
This arrangement shall enter into force from the day following the date of issuance of the Official Journal in which it is placed.
This scheme is cited as: Scheme for major accidents.
This arrangement will be set out in the Official Journal.
TheState Secretary
of Infrastructure and the Environment,S.A.M. Dijksma
