Anne Barton Nopți Scandaloase

Impact of the Seveso III directive on petroleum
distribution terminal operators

IMPACT OF THE SEVESO III DIRECTIVE ON
PETROLEUM DISTRIBUTION TERMINAL OPERATORS
June 2015
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IMPACT OF THE SEVESO III DIRECTIVE ON PETROLEUM DISTRIBUTION TERMINAL OPERATORS
CONTENTS
Page
Foreword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Acknowledgements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
1.1 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
1.2 Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
1.3 Structure of the analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2 Overview of duties under Seveso III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

2.1 Operator duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2.2 Competent authority (CA) duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2.3 Local authority (LA) duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2.4 Land use planning duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Overall structure and contents of Seveso III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
4 Classification of dangerous substances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

4.1 General classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4.2 Flammable liquids classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4.3 Named substances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
4.4 Aggregation rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
5 Notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
6 Major accident prevention policy (MAPP) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
7 Safety management system (SMS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
8 Safety report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
9 Emergency plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
10 Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
11 Land-use planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
12 Public information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
13 Public consultation and participation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
14 Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
15 Access to justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
16 Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
17 Correction system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
18 Timetable for implementation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
3
Contents continued Page
Annexes
Annex A Comparison of Articles between Seveso III and Seveso II . . . . . . . . . . . . 29
Annex B Comparison of Annex I categories between Seveso III and Seveso II . . . 77
Annex C New named substances within Seveso III . . . . . . . . . . . . . . . . . . . . . . . . . 85
Annex D omparison of safety report requirements between Annex II

C
of Seveso III and Annex II of Seveso II . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
Annex E omparison of safety management system requirements

C
between Annex III of Seveso III and Seveso II . . . . . . . . . . . . . . . . . . . . . . 90
Annex F Comparison of emergency plan requirements between

Annex IV of Seveso III and Seveso II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Annex G omparison of information to be supplied to the public

C
between Annex V of Seveso III and Seveso II . . . . . . . . . . . . . . . . . . . . . . 96
Annex H omparison of criteria for notification of a major accident

C
between Annex VI of Seveso III and Seveso II . . . . . . . . . . . . . . . . . . . . 100
Annex I Acronyms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
4
FOREWORD
This document has been produced following the adoption by the European Union (EU) of an updated
version of the Seveso directive 2012/18/EU. It aims to consider the impact of any changes within
the directive on petroleum distribution terminal operators. These changes will be implemented
in the United Kingdom (UK) through an updated version of the Control of major accident hazard
regulations (COMAH), which will come into effect on the 1 June 2015.
This document has been prepared as an impact analysis and is structured to present detailed
comparisons between the full text of the previous Seveso II directive and the new Seveso III directive,
along with the likely impact on distribution terminal operators.
5
ACKNOWLEDGEMENTS
This publication was prepared by Mr James Coull on behalf of the Energy Institute (EI) Distribution
and Marketing Committee. It was subsequently reviewed by members of the committee and the EI
would like to extend thanks to the following committee members:
Tony Brown F.P.S

Peter Davidson UKPIA
Dave de Halle Phillips 66
Robert Harris Consultant
Ian Goldsworthy Valero
Mark Palmer Exxonmobil
Barrie Salmon TSA
The EI would also like to record its appreciation of the contribution made by those individuals,
companies and organisations that provided comments during review of earlier drafts.
6
1 INTRODUCTION
1.1 PURPOSE
An updated version of the Seveso directive has been adopted by the EU and this will be
implemented in the UK via the COMAH Regulations during 2015. The updated directive
introduces a number of changes and this impact analysis aims to consider the implication of
these changes for petroleum distribution terminal operators.
1.2 BACKGROUND
Following a number of significant incidents, in particular the release of 2,4,5-trichlorophenol

from a reactor at Seveso in Italy in 1976, the EU developed a directive for the control of major
accident hazards (MAHs).
This EU directive, which became known as 'Seveso', was adopted in 1982 and was then
implemented in the UK through the Control of industrial major accident hazard regulations
(CIMAH) 1984. Seveso II was subsequently released in 1996, and it is currently implemented
in the UK through the COMAH Regulations 1999 (as amended).
On the 4 July 2012 the EU directive 2012/18/EU on the control of MAHs involving dangerous
substances was adopted. This is more commonly known as Seveso III and will repeal Seveso
II in 2015. Seveso III will be implemented in the UK through updated COMAH Regulations
which will come into effect on the 1 June 2015.
Seveso III introduces a number of changes and this impact analysis aims to consider the
implication of these changes for petroleum distribution terminal operators.
1.3 STRUCTURE OF THE ANALYSIS
The impact analysis is structured so that detailed comparisons between the full text of the
existing Seveso II directive and the new Seveso III directive are shown in tables within Annexes
A to H. This includes guidance on the likely impact on distribution terminal operators.
Key impacts are then considered in more detail within the body of the report in sections 2
to 18.
7
2 OVERVIEW OF DUTIES UNDER SEVESO III
2.1 OPERATOR DUTIES
The key duties for petroleum distribution terminal operators under Seveso III remain largely
the same as those under Seveso II, with operators having a duty to:
−− Notify the competent authority (CA) of any:
−− new establishments;
−− significant changes to processes or inventory;
−− permanent closures, and
−− changes of operators or ownership.
−− Produce, implement and regularly review a major accident prevention policy (MAPP).
−− Take all measures necessary to prevent major accidents and limit their consequences.
−− Demonstrate to the CA that all necessary measures have been taken.
−− For top-tier sites only, produce a safety report which demonstrates:
−− the MAPP and safety management system (SMS) have been implemented;
−− MAHs have been identified;
−− all necessary measures have been taken;
−− adequate safety and reliability in design, construction, operation, and maintenance;
−− an on-site emergency plan, and
−− reviewed at least every five years.
−− Inform the public likely to be affected by a major accident.
2.2 COMPETENT AUTHORITY (CA) DUTIES
Under Seveso III the CA duties also remain largely the same, with the CA having the duty to:
−− identify sites where there is a risk of domino effects;
−− review and consider the contents of the safety report;
−− communicate its findings on whether the safety report meets the requirements of
the regulations;
−− inspect sites and their prevention and mitigation measures;
−− prohibit activities if prevention and/or mitigation measures are seriously deficient, and
−− investigate major accidents.
2.3 LOCAL AUTHORITY (LA) DUTIES
Under Seveso III the LAs also retain their duty to:
−− Develop and implement off-site emergency plans.
2.4 LAND USE PLANNING DUTIES
Seveso III also still requires land use planning to be considered. There remains a duty to:
−− take into account the need to prevent and mitigate major accidents when considering
land-use planning issues;
−− consult the public when planning permission is wanted for new and modified sites, and
−− require operators to provide sufficient information to the planning authority.
8
3 OVERALL STRUCTURE AND CONTENTS OF SEVESO III
Seveso III remains largely similar in both structure and content to Seveso II. However, Seveso
III does introduce some additional Articles and modifies, to a greater or lesser degree, most
of the existing Articles.
A comparison of each of the Articles within the two directives is shown in Annex A which
identifies where the changes are considered to have a material impact on petroleum
distribution terminal operators. Many of the changes do not have a material impact; however,
the following areas are identified as requiring further consideration:
−− classification of dangerous substances;
−− notification;
−− MAPP;
−− SMS;
−− safety report;
−− emergency plans;
−− inspections;
−− land-use planning;
−− public information;
−− public consultation and participation;
−− confidentiality;
−− access to justice;
−− penalties, and
−− correction system.
These areas are considered in more detail in sections 4 to 17.
9
4 CLASSIFICATION OF DANGEROUS SUBSTANCES
4.1 GENERAL CLASSIFICATION
The determination as to whether Seveso applies to a site is dependent on the site's inventory
of dangerous substances. A major change within Seveso III is how chemicals are classified
when determining whether they are within the scope of the Directive.
Within both Seveso II and Seveso III Annex I of each directive identifies the dangerous
substances which fall within the scope of the directive. With regard to Seveso II, Annex I is
defined in terms of Directive 1967/548/EEC on the classification, packaging and labelling
of dangerous substances, which is more commonly known as the 'Dangerous Substances
Directive'.
This has been changed within Seveso III, and Annex I is now defined in terms of Regulation
(EC) 1272/2008 on classification, labelling and packaging of substances and mixtures. This
is more commonly known as the CLP Regulations which uses the United Nations Globally
Harmonised System (GHS) for classification of chemicals.
CLP and GHS have introduced a number of changes to definitions and this has resulted in a
number of key changes within Seveso III as summarised in Table 1.
Table 1: Summary of the changes to the categories of dangerous substances
Categories of dangerous substances Significant changes

Acute toxicity Two new categories which do not
Categories 1, 2 and 3. align with Seveso II toxic and very toxic
categories
Specific target organ toxicity (STOT) single New category
exposure
Flammable aerosols Two new categories
Flammable liquids Changes to the category definitions
(see 4.2 for more details)
Self-reactive substances and mixtures, and Two new categories
organic peroxides
Pyrophoric solids New category
Hazardous to the aquatic environment: Need to use new 'M-factor' method for
Category acute 1 or chronic 1 mixtures to determine their categories
whenever the mixture itself is not tested
Category chronic 2
Further details of the changes of categories between the Seveso III and Seveso II directives
can be found in Annex B.
4.2 FLAMMABLE LIQUIDS CLASSIFICATION
Of the changes identified in 4.1, the most significant impact on petroleum distribution
terminal operators will be from the changes to the category definitions for flammable liquids.
10
Seveso III uses the following categories:
Category 1 flammable liquid Flash point <23 oC Boiling point ≤35 oC

Category 2 flammable liquid Flash point <23 oC Boiling point >35 oC
Category 3 flammable liquid Flash point ≥23 oC Boiling point ≤60 oC
This is a significant change from Seveso II which in basic terms uses the following categories:
Extremely flammable liquids Flash point <0 oC Boiling point ≤35 oC

Highly flammable liquids And not extremely
Flash point <21 oC
flammable
Flammable liquids Flash point ≥21 oC and
≤55 oC
For sites that store any flammable liquids that do not fall under the named category of
petroleum products (see 4.3), these changes may have implications as to whether
establishments are classified as upper-tier COMAH, lower-tier COMAH or non-COMAH sites.
For sites that store both named petroleum products and other flammable liquids, determining
whether the site is an upper-tier COMAH, lower-tier COMAH or non-COMAH site will require
the operator to use the Aggregation Rule (see 4.4 for further details).
4.3 NAMED SUBSTANCES
Seveso III has introduced some new and modified named substances.
Of particular relevance for terminal operators is the named substance 'petroleum products',
which has been modified within Seveso III. A comparison of the changes for petroleum
products is shown in Table 2.
Table 2: A comparison of the named substance 'petroleum products' within Seveso

III and Seveso II
Seveso III Seveso II

Lower- Upper- Lower- Upper-
Named tier tier Named tier tier
Substance (tonnes) (tonnes) Substance (tonnes) (tonnes)
Petroleum 2 500 25 000 Petroleum 2 500 25 000
products and products:
alternative fuels (a) gasolines and
(a) gasolines and naphthas
naphthas (b) kerosenes
(b) kerosenes (including jet
(including jet fuels)
fuels)
11
Table 2: A comparison of the named substance 'petroleum products' within Seveso

III and Seveso II (continued)

Named Lower- Upper- Named Lower- Upper-
Substance tier tier Substance tier tier
(tonnes) (tonnes) (tonnes) (tonnes)
(c) gas oils 2 500 25 000 (c) gas oils 2 500 25 000
(including (including
diesel fuels, diesel fuels,
home heating home heating
oils and gas oils and gas
oil blending oil blending
streams) streams)
(d) heavy fuel oils
(HFO)
(e) alternative fuels
serving the
same purposes
and with similar
properties
as regards
flammability
and
environmental
hazards as
the products
referred to in
points (a) to (d)
The inclusion of HFO within the 'petroleum products' named substance means that it now has
to be considered as a named substance, rather than just in terms of its hazardous properties.
In particular, HFO had previously been classified as being 'dangerous for the environment'
meaning that, under Seveso II, the previous thresholds were significantly lower than they are
now that it has been included within 'petroleum products'.
With regard to 'alternative fuels', this change means that these substances fall within
the named substance 'petroleum products' and it now has to be considered as a named
substance, rather than just in terms of its hazardous properties.
For most terminal operators these two changes will not impact whether their site is an upper
tier, lower tier or non-COMAH site. However, for a small number of sites which were on the
boundary of a particular threshold and which stored these substances then this may have an
important impact.
There are other changes in named substances within Seveso III, although these are not likely
to have as significant an impact to terminal operators as the changes to 'petroleum products'.
Further details of the changes in named substances between the Seveso II and Seveso III
directives can be found in Annex C.
12
4.4 AGGREGATION RULES
Seveso III retains the requirement that where a site has multiple dangerous substances, but
no individual dangerous substance is present in a quantity above or equal to the relevant
qualifying quantities, then the individual dangerous substances should be aggregated to
identify if the establishment meets the criteria for being either an upper-tier or lower-tier site.
The calculations required to carry out this aggregation remain the same for Seveso III.
For upper-tier sites it is:
q1/QU1 + q2/QU2 + q3/QU3 + q4/QU4 + q5/QU5 + … is greater than or equal to 1
where:
qx = the quantity of dangerous substance or category x, and
QUX = the relevant qualifying quantity for a dangerous substance or category for upper-tier
sites;
and for lower-tier sites it is:
q1/QL1 + q2/QL2 + q3/QL3 + q4/QL4 + q5/QL5 + … is greater than or equal to 1
where:
qx = the quantity of dangerous substance or category x, and
QLX = the relevant qualifying quantity for a dangerous substance or category for lower-tier
sites.
The aggregation needs to be carried out three times; once for health hazards, once for
physical hazards and once for environmental hazards:
−− For the health hazard aggregation, this requires the addition of all the relevant
dangerous substances that fall within acute toxicity category 1, 2 or 3 (inhalation
route) or STOT SE category 1, together with all dangerous substances falling within
section H, entries H1 H2 and H3.
−− For the physical hazard aggregation, this requires the addition of all the relevant
dangerous substances listed as explosives, flammable gases, flammable aerosols,
oxidising gases, flammable liquids, self-reactive substances and mixtures, organic
peroxides, pyrophoric liquids and solids, oxidising liquids and solids, together with
dangerous substances falling within section P, entries P1 to P8.
−− For the environmental hazard aggregation, this requires the addition of all the
relevant dangerous substances that fall within hazardous to the aquatic environment
acute category 1, chronic category 1 or chronic category 2, together with dangerous
substances falling within section E, entries E1 and E2.
If having completed the aggregation any of the results equal or exceed one, then the site will
be subject to the requirements of Seveso III.
Seveso III retains the exemption that if dangerous substances are only present in quantities
equal to or less than 2 % of the relevant qualifying quantity, they will be ignored for the
purposes of calculating the total quantity present if their location within an establishment is
such that it cannot act as an initiator of a major accident elsewhere at that establishment.
13
Information from a HSE survey has highlighted that some data sheets do not provide suitable
data to be able to accurately classify some products. This would be an issue when applying
the aggregation rules. Terminal operators should therefore ensure that if they need to apply
the aggregation rules, then they obtain suitable and sufficient data to enable them to properly
classify the substances being held on their sites.
In practice the impact of the aggregation rules for most distribution terminal operators will
be limited. Most terminals' Seveso status is defined by their storage of petroleum products
and, as such, the Aggregation Rule will only likely be an issue for sites where the storage
of petroleum products is slightly less than the qualifying quantities and where there is also
storeage of other dangerous substances.
14
5 NOTIFICATION
Under Article 7 of Seveso III (see Annex A), petroleum distribution terminals will still be required
to notify the CA if they qualify as a Seveso site and the information previously required under
Seveso II will still be required under Seveso III. The CAs for petroleum distribution terminals
are typically the HSE and the EA.
In addition, where available, terminals will also be required to notify the CA of: neighbouring
establishments; sites that fall outside the scope of Seveso III; areas and developments that
could be the source of, or increase the risk or consequences of a major accident, and of
domino effects.
Terminals will also have to notify the CA a reasonable period prior to any significant
modifications leading to a change in the inventory of dangerous substances. There is also a
requirement to notify the CA of changes to the operator, their place of business or the person
in charge of the terminal (normally the senior person based at the terminal).
Terminals which have already notified the CA will not have to repeat the process if the
information supplied meets the requirements of Seveso III and has not changed.
15
6 MAJOR ACCIDENT PREVENTION POLICY (MAPP)
Article 8 of Seveso III (see Annex A) provides more details for the required content of the
MAPP than was given in Seveso II, requiring it to include aspects such as the operator's
overall aims and principles of action.
Seveso III also changes the time-limits for sending the MAPP to the CA. New establishments
will have to send the MAPP to the CA a reasonable period of time prior to the start of
construction or operation, or prior to the modifications leading to a change in the inventory
of dangerous substances, and, in other cases, a maximum of one year from the date that
Seveso III applies.
However, Seveso III does not require existing terminals that have already sent MAPPs to the
CA to resubmit them if they already contain the required information. For most terminals it is
likely that their existing MAPP will already include the required information.
Seveso III also requires the MAPP to be formally reviewed at least every five years and the
updated COMAH Regulations may require the MAPP to be sent to the CA. This will only have
an impact on lower-tier terminals as upper-tier sites already do this as part of their safety
report submission.
16
7 SAFETY MANAGEMENT SYSTEM (SMS)
Article 8 of Seveso III (see Annex A) and Annex III of Seveso III (see Annex E) identify the
requirements for SMSs. Many of the requirements remain the same as those within Seveso II;
however, there are some additional requirements to:
−− detail measures taken to raise awareness for the need for continuous improvement;
−− consider subcontracted activities when identifying and evaluating major hazards;
−− take into account alarm management;
−− take account of information on best practices for operational considerations such as
monitoring and control, and ageing plant;
−− include performance indicators, and
−− consider and incorporate changes indicated by audit and review.
Again, it is likely that many terminal SMSs already cover these areas.
17
8 SAFETY REPORT
Within Article 10 of Seveso III (see Annex A) and Annex II of Seveso III (see Annex D), the
basic requirement for upper-tier sites to submit a safety report remains. In addition, many
of the requirements for the content of the safety report remain the same (see Annex D for
more details).
However, there is a new requirement to identify within the safety report neighbouring
establishments, as well as sites that fall outside the scope of Seveso III, areas and developments
that could be the source of, or increase the risk or consequences of a major accident and of
domino effects.
In addition, there is a new requirement that when describing the site's processes the safety
report will need to take account of best practices.
Seveso III also requires that the causes of major accident scenarios described in the safety
report includes operational causes, external causes (such as domino effects) and natural
causes (such as floods). Additionally, the major accident scenarios may involve major accidents
to the environment (MATTEs) as well as MAHs.
There is also a new requirement to review past accidents and incidents involving the same
substances and processes and consider lessons learned. There will be a need to explicitly refer
within the safety report to the specific measures taken to prevent such accidents.
The safety report also has to be reviewed following a major accident at the establishment.
Updated safety reports, or sections of the safety report, will need to be sent to the CA
without delay.
Existing upper-tier sites may be required to send updated sections of their existing safety
report to the CA by 1 June 2016 to address the changed requirements. However, it is likely
that many of the existing safety reports already adequately address these issues and, as such,
existing terminals may not have to submit any updated sections.
18
9 EMERGENCY PLANS
Article 12 of Seveso III (see Annex A) retains the requirement for upper-tier sites to draw
up internal emergency plans and provide information to the CA so that they can draw up
external plans. The requirements for the emergency plan remain largely the same within
Seveso III (See Annex F).
However, Seveso III now specifically requires arrangements for off-site mitigatory action
for the major accident scenarios and also for domino effects. Seveso III also expands the
requirement to provide information to include neighbouring establishments and sites that
fall outside the scope of Seveso III.
Existing upper-tier sites may be required to update their emergency plans by 1 June 2016.
However, in many cases the information contained within existing plans already complies
with the Seveso III requirements and, as such no update will be required as long as there have
not been any significant changes since the submission of the latest safety report.
19
10 INSPECTIONS
Within Seveso III, CA inspections will, in general, continue with the current inspection system,
with the frequency of site visits based on the site's risk/hazard profile.
The CA needs to develop inspection plans and programmes for the routine inspection of
sites. The frequency for inspection will be at least every year for upper-tier establishments and
every three years for lower-tier establishments, unless the CA has drawn up an inspection
programme based on a systematic appraisal of MAHs of the establishments concerned.
This programme will need to take into account the potential impact of the site on human
health and the environment and the site's record regarding compliance with the Seveso
requirements. Relevant findings of inspections under other EU legislation should also be
taken into account.
As before under Seveso II, non-routine inspections will also be carried out by the CA to
investigate serious complaints, serious accidents and near misses, incidents and occurrences
of non-compliance.
Inspections will need to be sufficient to ensure that the operator can demonstrate that:
−− they have taken appropriate measures to prevent major accidents;
−− they have provided appropriate means for limiting the consequences of major
accidents, on-site and off-site;
−− the information in the safety report, or other submitted report, adequately reflects
the conditions in the site, and
−− the required information has been supplied to the public.
One change from Seveso II to Seveso III is that conclusions from inspections will be
communicated to the terminal within four months. There is also a requirement for re-
inspection within six months if important non-compliance with Seveso III is identified.
There is also a requirement within Seveso III for inspections to be coordinated with other EU
legislation inspections where possible. This may mean that a site receives fewer inspections,
although in practice this may prove problematic for the CA to coordinate.
20
11 LAND-USE PLANNING
With regard to land-use planning, Seveso III retains similar requirements to those within
Seveso II.
However, in addition, Seveso III introduces an additional requirement that lower-tier terminals
may be requested by the CA to provide sufficient information on their risks for land-use
planning purposes. In practice, some lower-tier terminals have already had to provide details
for use in land-use planning decisions and, as such, this new requirement formalises within
Seveso III practices that may already have been undertaken within the UK.
21
12 PUBLIC INFORMATION
Within Seveso III Article 14 (see Annex A) and Annex V (see Annex G), the public information
requirements have changed versus Seveso II. The Directive has been updated in line with the
Aarhus Convention on public information, public participation in decision-making and access
to justice on environmental matters (see http://ec.europa.eu/environment/aarhus/). This aims
to improve the level and quality of information, particularly for people likely to be affected by
a major accident. This convention requires a more active provision of information rather than
just providing it on request, with information also needing to be made available electronically
and be kept permanently up to date.
A significant change for distribution terminal operators is that lower-tier sites will have a
requirement to provide information to the public. In Seveso II this was only a requirement
for upper-tier sites. As a result, all establishments (lower and upper-tier) will be required to
provide:
−− name of operator and the address of site;
−− confirmation that site is subject to the regulations and has been notified to CA;
−− simple description of activities undertaken;
−− common names or generic hazard classifications of dangerous substances and a
description of their key dangerous characteristics;
−− general information about how the public will be warned and the appropriate
behaviour required in the event of a major accident (or where the information can
be accessed electronically);
−− date of the last inspection by the CA and where more detailed information about the
inspection and the related inspection plan can be obtained, and
−− details of where further information can be obtained.
In addition, within Seveso III there is a requirement for upper-tier sites (only) to provide:
−− general information on the nature of MAHs, including their effects on human health
and the environment and a summary of the main types of major accident scenarios
and the control measures;
−− confirmation that the operator has made adequate on-site arrangements to deal
with major accidents including liaison with the emergency services;
−− appropriate information from the external emergency plan including advice to
cooperate with instructions from emergency services, and
−− indication of whether the site is close to the boundary with another Member State.
A key change within Seveso III is the need for upper-tier sites to make the safety report
available on request. There are, however, provisions for a summarised non-technical report to
be made available instead if the CA agrees that the full report should not be made available
following a request from the operator on the grounds of confidentiality (see section 14).
However, initial indications from the Health and Safety Executive (HSE) is that there will be a
strong presumption to make information available to the public. The HSE is working with the
security services on the implications of this change.
22
13 PUBLIC CONSULTATION AND PARTICIPATION
Seveso III Article 15 (see Annex A) introduces a requirement that the public is given an early
opportunity to express their opinion on specific individual projects which fall under the land-
use planning requirements. This covers:
−− planning for new establishments;
−− significant modifications to establishments, and
−− new developments around establishments where the siting or developments may
increase the risk or consequences of a major accident.
This requires the public to be informed of the following information as soon as it can
reasonably be provided:
−− the subject of the specific project;
−− where applicable, the fact that a project is subject to an environmental impact
assessment;
−− details of the CA responsible for taking the decision, from which relevant information
can be obtained and to which comments or questions can be submitted and details
of the time schedule for transmitting comments or questions;
−− the nature of possible decisions or, where there is one, the draft decision;
−− an indication of the times and places where, or means by which, the relevant
information will be made available, and
−− details of the arrangements for public participation and consultation.
Seveso III also requires that the public has access to the main reports and advice issued to
the CA at the time when the public was informed and also other relevant information that
becomes available after the public was informed.
The public will also have the right to express comments and opinions to the CA and have
these taken into account in the decision-making.
The CA will have to make available to the public the content of the decision, the reasons
on which it is based, the results of the consultation and how they were taken into account.
This consultation can impact distribution terminals in several ways. If the operator is planning
to construct a new establishment or carry out significant modifications to an existing
site, there will be increased requirements to provide information to enable the public to
participate in the decision-making. In the case of new developments being proposed close
to an existing terminal, the terminal will need to consider whether the planned development
will increase the likelihood or consequences of a major accident from their perspective and
this information is likely to be passed on to the public. This could have an impact on how
neighbours view the risks presented by an existing terminal.
23
14 CONFIDENTIALITY
Article 22 of Seveso III (see Annex A) states that disclosure of information may be refused if
the operator has requested not to disclose certain parts of the safety report or the inventory of
dangerous substances for reasons provided in Article 4 of Directive 2003/4/EC. This directive
covers the public access to environmental information and the reasons listed are that:
−− The information requested is not held by the public authority.
−− The request is manifestly unreasonable.
−− The request is formulated in too general a manner.
−− The request concerns material in the course of completion or unfinished documents
or data.
−− The request concerns internal communications, taking into account the public
interest served by disclosure.
−− Where disclosure of the information would adversely affect:
−− the confidentiality of the proceedings of public authorities, where such
confidentiality is provided for by law;
−− international relations, public security or national defence;
−− the course of justice, the ability of any person to receive a fair trial or the ability
of a public authority to conduct an enquiry of a criminal or disciplinary nature;
−− the confidentiality of commercial or industrial information where such
confidentiality is provided for by national or Community law to protect a
legitimate economic interest, including the public interest in maintaining
statistical confidentiality and tax secrecy;
−− intellectual property rights;
−− the confidentiality of personal data and/or files relating to a natural person
where that person has not consented to the disclosure of the information to the
public, where such confidentiality is provided for by national or Community law;
−− the interests or protection of any person who supplied the information requested
on a voluntary basis without being under, or capable of being put under, a legal
obligation to do so, unless that person has consented to the release of the
information concerned, and
−− the protection of the environment to which such information relates, such as the
location of rare species.
Directive 2003/4/EC highlights that the grounds for refusal shall be interpreted in a restrictive
way, taking into account for the particular case the public interest served by disclosure. In
every case, the public interest served by disclosure will be weighed against the interest served
by the refusal. In addition, the reasons that a request can be refused are even more limited
where the request relates to information on emissions into the environment.
Requested information shall also be made available in part where it is possible to separate
out confidential information. It is likely that terminals will be required to separate out non-
confidential information.
24
15 ACCESS TO JUSTICE
Under Seveso III Article 23 (see Annex A), there will need to be arrangements for administrative
and judicial reviews to allow for challenges to be made with regard to the CA not disclosing
information to the public (see section 12) and in relation to public participation in planning
matters (see section 13).
This requirement is likely to result in a greater degree of disclosure to the public and more
public involvement in planning decisions. This could have implications for petroleum
distribution terminals in respect of security and confidentiality.
25
16 PENALTIES
There was no requirement for penalties within Seveso II, but Seveso III Article 28 (see Annex
A) introduces a new requirement for Member States to determine penalties for infringements
of the Seveso III directive. However, Seveso III does not specify what these penalties should
or could be.
26
17 CORRECTION SYSTEM
Article 4 of Seveso III (see Annex A) enables a Member State to notify the European
Commission of any substances it considers not to have major accident potential. If the
Commission finds that it is impossible in practice for a particular dangerous substance to
create a major accident under both normal and abnormal conditions that can reasonably be
foreseen, then legislation can be proposed to the European Parliament and the Council to
exclude the substance from scope of the directive.
27
18 TIMETABLE FOR IMPLEMENTATION OF SEVESO III AND

AMENDED COMAH REGULATIONS
26 June 2012 Seveso III adopted by European Council and European Parliament
2012 – 2014 Formal consultation on revised version of COMAH
February 2014 Heavy fuel oils amendment to COMAH Regulations 1999
March 2015
Revised guidance including replacement for L111 to be issued
(approx.)
1 June 2015 New COMAH Regulations to come into force
1 June 2015 Revision of CLP to incorporate GHS comes into effect
28
ANNEX A
COMPARISON OF ARTICLES BETWEEN SEVESO III AND SEVESO II
Changes considered to have no material impact on distribution terminal operators.

Changes may have a material impact on distribution terminal operators.
Impact of changes
Seveso III Article Seveso II Article
within the Articles
1. Subject matter 1. Aim Changes considered
This Directive lays down rules for the prevention of This Directive is aimed at the prevention of major to have no material
major accidents which involve dangerous substances accidents which involve dangerous substances and impact on distribution
and the limitation of their consequences for human the limitation of their consequences for man and the terminal operators.
health and the environment, with a view to ensuring environment, with a view to ensuring high levels of
a high level of protection throughout the Union in a protection throughout the Community in a consistent
29
consistent and effective manner. and effective manner.
2. Scope 2. Scope The exclusions listed
1. This Directive shall apply to establishments as defined 1. The Directive shall apply to establishments where within Seveso III are
in Article 3(1). dangerous substances are present in quantities covered in Article 4 of
equal to or in excess of the quantities listed in Seveso II.
2. This Directive shall not apply to any of the following:
Annex I, Parts 1 and 2, column 2, with the exception The Seveso II definition
(a) military establishments, installations or storage
of Articles 9, 11 and 13 which shall apply to any of 'presence of
facilities;
establishment where dangerous substances are dangerous substances'
(b) hazards created by ionising radiation originating present in quantities equal to or in excess of the is covered in Seveso III
from substances; quantities listed in Annex I, Parts 1 and 2, column 3. Article 3.
(c) the transport of dangerous substances and For the purposes of this Directive, the 'presence Changes considered
directly related intermediate temporary storage of dangerous substances' shall mean the actual to have no material
by road, rail, internal waterways, sea or air, or anticipated presence of such substances in the impact on distribution
outside the establishments covered by this establishment, or the presence of those which it is terminal operators.
Directive, including loading and unloading believed may be generated during loss of control of
and transport to and from another means of an industrial chemical process, in quantities equal
transport at docks, wharves or marshalling yards; to or in excess of the thresholds in Parts 1 and 2 of
Annex I.
Comparison of Articles between Seveso III and Seveso II (continued)
Impact of changes
within the Articles
(d) the transport of dangerous substances in 2. The provisions of this Directive shall apply without
pipelines, including pumping stations, outside prejudice to Community provisions concerning the
establishments covered by this Directive; working environment, and, in particular, without
(e) the exploitation, namely the exploration, prejudice to Council Directive 89/391/EEC of 12 June
extraction and processing, of minerals in mines 1989 on the introduction of measures to encourage
and quarries, including by means of boreholes; improvements in the safety and health of workers at
work.
(f) the offshore exploration and exploitation of
minerals, including hydrocarbons;
(g) the storage of gas at underground offshore sites
including both dedicated storage sites and sites
where exploration and exploitation of minerals,
including hydrocarbons are also carried out, and
30
(h) waste land-fill sites, including underground
waste storage.
Notwithstanding points (e) and (h) of the first
subparagraph, onshore underground gas storage
in natural strata, aquifers, salt cavities and disused
mines and chemical and thermal processing
operations and storage related to those operations
which involve dangerous substances, as well as
operational tailings disposal facilities, including
tailing ponds or dams, containing dangerous
substances shall be included within the scope of this
Directive.
Impact of changes
within the Articles
3. Definitions 3. Definitions Additional definitions
For the purposes of this Directive the following For the purposes of this Directive: are considered not
definitions shall apply: to materially impact
1. 'establishment' shall mean the whole area under the terminal operators.
1. 'establishment' means the whole location under the control of an operator where dangerous substances
control of an operator where dangerous substances are present in one or more installations, including However changes
are present in one or more installations, including common or related infrastructures or activities; refer to Annex I of
common or related infrastructures or activities; Seveso III which
2. 'installation' shall mean a technical unit within an
establishments are either lower-tier establishments or makes changes to
establishment in which dangerous substances are
upper-tier establishments; the classification of
produced, used, handled or stored. It shall include
dangerous substances.
2. 'lower-tier establishment' means an establishment all the equipment, structures, pipework, machinery,
where dangerous substances are present in tools, private railway sidings, docks, unloading quays See section 4 of
quantities equal to or in excess of the quantities serving the installation, jetties, warehouses or similar this publication and
listed in Column 2 of Part 1 or in Column 2 of structures, floating or otherwise, necessary for the Annexes B and C for
31
Part 2 of Annex I, but less than the quantities listed operation of the installation; more details.
in Column 3 of Part 1 or in Column 3 of Part 2 of 3. 'operator' shall mean any individual or corporate
Annex I, where applicable using the summation rule body who operates or holds an establishment or
laid down in note 4 to Annex I; installation or, if provided for by national legislation,
3. 'upper-tier establishment' means an establishment has been given decisive economic power in the
where dangerous substances are present in technical operation thereof;
quantities equal to or in excess of the quantities 4. 'dangerous substance' shall mean a substance,
listed in Column 3 of Part 1 or in Column 3 of Part 2 mixture or preparation listed in Annex 1, Part 1, or
of Annex I, where applicable using the summation fulfilling the criteria laid down in Annex 1, Part 2,
rule laid down in note 4 to Annex I; and present as a raw material, product, by-product,
4. 'neighbouring establishment' means an residue or intermediate, including those substances

establishment that is located in such proximity to which it is reasonable to suppose may be generated
another establishment so as to increase the risk or in the event of accident;
consequences of a major accident;
Impact of changes
within the Articles
5. 'new establishment' means: 5. 'major accident' shall mean an occurrence such as
(a) an establishment that enters into operation or is a major emission, fire, or explosion resulting from
constructed, on or after 1 June 2015; or uncontrolled developments in the course of the
operation of any establishment covered by this
(b) a site of operation that falls within the scope
Directive, and leading to serious danger to human
of this Directive, or a lower-tier establishment
health and/or the environment, immediate or
that becomes an upper-tier establishment or
delayed, inside or outside the establishment, and
vice versa, on or after 1 June 2015 due to
involving one or more dangerous substances;
modifications to its installations or activities
resulting in a change in its inventory of 6. 'hazard' shall mean the intrinsic property of a
dangerous substances; dangerous substance or physical situation, with a
potential for creating damage to human health and/
6. 'existing establishment' means an establishment
or the environment;
that on 31 May 2015 falls within the scope of
Directive 96/82/EC and from 1 June 2015 falls within 7. 'risk' shall mean the likelihood of a specific effect
32
the scope of this Directive without changing its occurring within a specified period or in specified
classification as a lower-tier establishment or upper- circumstances, and
tier establishment; 8. 'storage' shall mean the presence of a quantity
7. 'other establishment' means a site of operation of dangerous substances for the purposes of
that falls within the scope of this Directive, or a warehousing, depositing in safe custody or keeping
lower-tier establishment that becomes an upper-tier in stock.
establishment or vice versa, on or after 1 June 2015
for reasons other than those referred to in point 5;
8. 'installation' means a technical unit within an
establishment and whether at or below ground level,
in which dangerous substances are produced, used,

handled or stored; it includes all the equipment,
structures, pipework, machinery, tools, private
railway sidings, docks, unloading quays serving the
installation, jetties, warehouses or similar structures,
floating or otherwise, necessary for the operation of
that installation;
Impact of changes
within the Articles
9. 'operator' means any natural or legal person who
operates or controls an establishment or installation
or, where provided for by national legislation, to
whom the decisive economic or decision-making
power over the technical functioning of the
establishment or installation has been delegated;
10. 'dangerous substance' means a substance or mixture
covered by Part 1 or listed in Part 2 of Annex I,
including in the form of a raw material, product, by-
product, residue or intermediate;
11. 'mixture' means a mixture or solution composed of
two or more substances;
12. 'presence of dangerous substances' means the actual
33
or anticipated presence of dangerous substances in
the establishment or of dangerous substances which
it is reasonable to foresee may be generated during
loss of control of the processes, including storage
activities, in any installation within the establishment,
in quantities equal to or exceeding the qualifying
quantities set out in Part 1 or Part 2 of Annex I;
13. 'major accident' means an occurrence such as a
major emission, fire or explosion resulting from
uncontrolled developments in the course of the
operation of any establishment covered by this
Directive, and leading to serious danger to human

health or the environment, immediate or delayed,
inside or outside the establishment and involving
one or more dangerous substances;
Impact of changes
within the Articles
14. 'hazard' means the intrinsic property of a dangerous
substance or physical situation, with a potential
for creating damage to human health or the
environment;
15. 'risk' means the likelihood of a specific effect
occurring within a specified period or in specified
circumstances;
16. 'storage' means the presence of a quantity
of dangerous substances for the purposes of
warehousing, depositing in safe custody or keeping
in stock;
17. 'the public' means one or more natural or legal
persons and, in accordance with national law or
34
practice, their associations, organisations or groups;
18. 'the public concerned' means the public affected
or likely to be affected by, or having an interest
in, the taking of a decision on any of the matters
covered by Article 15(1); for the purposes of
this definition, non-governmental organisations
promoting environmental protection and meeting
any applicable requirements under national law shall
be deemed to have an interest, and
19. 'inspection' means all actions, including site visits,
checks of internal measures, systems and reports and

follow-up documents, and any necessary follow-up,
undertaken by or on behalf of the CA to check and
promote compliance of establishments with the
requirements of this Directive.
Seveso III Article Seveso II Article Impact of changes

within the Articles
4. Exclusions Within Seveso III
This Directive shall not apply to the following: exclusions are included
within Article 2.
(a) military establishments, installations or storage
facilities; Changes considered
to have no material
(b) hazards created by ionising radiation;
impact on distribution
(c) the transport of dangerous substances and terminal operators.
intermediate temporary storage by road, rail, internal
waterways, sea or air, outside the establishments
covered by this Directive, including loading and
unloading and transport to and from another means
of transport at docks, wharves or marshalling yards;
(d) the transport of dangerous substances in pipelines,
35
including pumping stations, outside establishments
covered by this Directive;
(e) the exploitation (exploration, extraction and
processing) of minerals in mines, quarries, or by
means of boreholes, with the exception of chemical
and thermal processing operations and storage
related to those operations which involve dangerous
substances, as defined in Annex I;
(f) the offshore exploration and exploitation of
minerals, including hydrocarbons, and
(g) waste land-fill sites, with the exception of

operational tailings disposal facilities, including
tailing ponds or dams, containing dangerous
substances as defined in Annex I, in particular when
used in connection with the chemical and thermal
processing of minerals.
Impact of changes
within the Articles
4. Assessment of MAHs for a particular dangerous This change enables
substance the Commission to
1. The Commission shall assess, where appropriate or in exclude a substance
any event on the basis of a notification by a Member listed in Annex I if it
State in accordance with paragraph 2, whether it assesses that it does
is impossible in practice for a particular dangerous not present a MAH.
substance covered by Part 1 or listed in Part 2 of See section 17 of
Annex I, to cause a release of matter or energy that this publication for
could create a major accident under both normal more details
and abnormal conditions which can reasonably be
foreseen. That assessment shall take into account
the information referred to in paragraph 3, and
shall be based on one or more of the following
36
characteristics:
(a) the physical form of the dangerous substance
under normal processing or handling conditions
or in an unplanned loss of containment;
(b) the inherent properties of the dangerous
substance, in particular those related to
dispersive behaviour in a major accident
scenario, such as molecular mass and saturated
vapour pressure, and
(c) the maximum concentration of the substances in
the case of mixtures.

For the purposes of the first subparagraph, the
containment and generic packing of the dangerous
substance should, where appropriate, also be taken
into account, including in particular where covered
under specific Union legislation.
Impact of changes
within the Articles
2. Where a Member State considers that a dangerous
substance does not present a MAH in accordance
with paragraph 1, it shall notify the Commission
together with supporting justification, including the
information referred to in paragraph 3.
3. For the purposes of paragraphs 1 and 2, information
necessary for assessing the health, physical and
environmental hazard properties of the dangerous
substance concerned shall include:
(a) a comprehensive list of properties necessary to
assess the dangerous substance's potential for
causing physical, health or environmental harm;
(b) physical and chemical properties (for instance
37
molecular mass, saturated vapour pressure,
inherent toxicity, boiling point, reactivity,
viscosity, solubility and other relevant properties);
(c) health and physical hazard properties (for
instance reactivity, flammability and toxicity,
together with additional factors such as mode of
attack on the body, injury to fatality ratio, long-
term effects and other properties as relevant);
(d) environmental hazard properties (for instance
ecotoxicity, persistence, bio-accumulation,
potential for long-range environmental transport

and other properties as relevant);
(e) where available, the Union classification of the
substance or mixture, and
Impact of changes
within the Articles
(f) information about substance-specific operating
conditions (for instance temperature, pressure
and other conditions as relevant) under which
the dangerous substance is stored, used and/
or may be present in the event of foreseeable
abnormal operations or an accident such as fire.
4. Following the assessment referred to in paragraph
1, the Commission shall, if appropriate, present a
legislative proposal to the European Parliament and
to the Council to exclude the dangerous substance
concerned from the scope of this Directive.
5. General obligations of the operator 5. General obligations of the operator Changes considered
to have no material
38
1. Member States shall ensure that the operator is 1. Member States shall ensure that the operator is
obliged to take all necessary measures to prevent obliged to take all measures necessary to prevent impact on distribution
major accidents and to limit their consequences for major accidents and to limit their consequences for terminal operators.
human health and the environment. man and the environment.
2. Member States shall ensure that the operator is 2. Member States shall ensure that the operator is
required to prove to the CA referred to in Article required to prove to the CA referred to in Article
6, at any time, in particular for the purposes of 16, hereinafter referred to as the 'CA', at any time,
inspections and controls referred to in Article 20, in particular for the purposes of the inspections
that the operator has taken all necessary measures and controls referred to in Article 18, that he has
as specified in this Directive. taken all the measures necessary as specified in this
Directive.
Impact of changes
within the Articles
6. CA CA covered in Article
1. Without prejudice to the operator's responsibilities, 16 within Seveso II.
Member States shall set up or appoint the CA Seveso III requires that
or authorities responsible for carrying out the where there are more
duties laid down in this Directive ('the CA') and, if than one CA then
necessary, bodies to assist the CA at technical level. procedures for carrying
Member States which set up or appoint more than out their duties shall
one CA shall ensure that the procedures for carrying be 'fully coordinated'.
out their duties are fully coordinated.
CAs will be required
2. The CAs and the Commission shall cooperate in to accept equivalent
activities in support of implementation of this information submitted
Directive, involving stakeholders as appropriate. in accordance with other
3. Member States shall ensure that CAs accept relevant legislation,
39
equivalent information submitted by operators in which fulfils any of the
accordance with other relevant Union legislation, requirements of this
which fulfils any of the requirements of this Directive
Directive, for the purposes of this Directive. In such Changes considered
cases the CAs shall ensure that the requirements of to have no material
this Directive are complied with. impact on distribution
terminal operators.
Impact of changes
within the Articles
7. Notification 6. Notification Additional
1. Member States shall require the operator to send 1. Member States shall require the operator to send the requirement to
a notification to the CA containing the following CA a notification within the following time-limits: notify details of
information: neighbouring
(a) for new establishments, a reasonable period establishments, sites
(a) the name and/or trade name of the operator and of time prior to the start of construction or that fall outside
the full address of the establishment concerned; operation; the scope of this
(b) the registered place of business of the operator, (b) for existing establishments, one year from the Directive, areas and
with the full address; date laid down in Article 24 (1), and developments that
(c) the name and position of the person in charge of (c) for establishments which subsequently fall could be the source
the establishment, if different from point (a); within the scope of this Directive, within three of or increase the risk
(d) information sufficient to identify the dangerous months after the date on which this Directive or consequences of a
substances and category of substances involved applies to the establishment concerned, as laid major accident and of
40
or likely to be present; down in the first subparagraph of Article 2(1). domino effects.
(e) the quantity and physical form of the dangerous 2. The notification required by paragraph 1 shall Also includes the
substance or substances concerned; contain the following details: need to notify prior
(a) the name or trade name of the operator and the to modifications
(f) the activity or proposed activity of the
full address of the establishment concerned; leading to a change
installation or storage facility, and
of inventory of
(g) the immediate environment of the (b) the registered place of business of the operator,
dangerous substances.
establishment, and factors likely to cause a major with the full address;
accident or to aggravate the consequences (c) the name or position of the person in charge of See section 5 of this
thereof including, where available, details of the establishment, if different from (a); publication for more
neighbouring establishments, of sites that fall details.
(d) information sufficient to identify the dangerous
outside the scope of this Directive, areas and substances or category of substances involved;
developments that could be the source of or
(e) the quantity and physical form of the dangerous
increase the risk or consequences of a major
substance or substances involved;
accident and of domino effects.
(f) the activity or proposed activity of the
installation or storage facility, and
Impact of changes
within the Articles
2. The notification or its update shall be sent to the CA (g) the immediate environment of the establishment
within the following time-limits: (elements liable to cause a major accident or to
(a) for new establishments, a reasonable period aggravate the consequences thereof).
of time prior to the start of construction or 3. In the case of existing establishments for
operation, or prior to the modifications leading which the operator has already provided all the
to a change in the inventory of dangerous information under paragraph 2 to the CA under
substances, and the requirements of national law at the date of
(b) for all other cases, one year from the date from entry into force of this Directive, notification under
which this Directive applies to the establishment paragraph 1 is not required.
concerned. 4. In the event of:
3. Paragraphs 1 and 2 shall not apply if the operator (a) any significant increase in the quantity or
has already sent a notification to the CA under significant change in the nature or physical form
the requirements of national legislation before 1 of the dangerous substance present, as indicated
41
June 2015, and the information contained therein in the notification provided by the operator
complies with paragraph 1 and has remained pursuant to paragraph 2, or any change in the
unchanged. processes employing it;
4. The operator shall inform the CA in advance of the (b) modification of an establishment or an
following events: installation which could have significant
(a) any significant increase or decrease in the repercussions on MAHs, or
quantity or significant change in the nature (c) permanent closure of the installation, the
or physical form of the dangerous substance operator shall immediately inform the CA of the
present, as indicated in the notification provided change in the situation.
by the operator pursuant to paragraph 1, or a
significant change in the processes employing it;

(b) modification of an establishment or an
installation which could have significant
consequences in terms of MAHs;
(c) the permanent closure of the establishment or its
decommissioning, or
(d) changes in the information referred to in points
(a), (b) or (c) of paragraph 1.
Impact of changes
within the Articles
8. MAPP 7. MAPP Provides more details
1. Member States shall require the operator to draw 1. Member States shall require the operator to draw up of what the MAPP
up a document in writing setting out the MAPP a document setting out his MAPP and to ensure that should contain.
and to ensure that it is properly implemented. The it is properly implemented. The MAPP established by Seveso III provides
MAPP shall be designed to ensure a high level of the operator shall be designed to guarantee a high more details for what
protection of human health and the environment. It level of protection for man and the environment the MAPP should
shall be proportionate to the MAHs. It shall include by appropriate means, structures and management cover, and changes
the operator's overall aims and principles of action, systems. the time-limits for
the role and responsibility of management, as well 1a. For establishments which subsequently fall within sending the MAPP to
as the commitment towards continuously improving the scope of this Directive, the document referred the CA.
the control of MAHs and ensuring a high level of to in paragraph 1 shall be drawn up without delay, It also requires the
protection. but at all events within three months after the date MAPP to be formally
2. The MAPP shall be drawn up and, where required on which this Directive applies to the establishment reviewed at least every
42
by national law, sent to the CA within the following concerned, as laid down in the first subparagraph of five years and the
time-limits: Article 2(1). updated MAPP sent to
(a) for new establishments, a reasonable period 2. The document must take account of the principles the CA.
of time prior to the start of construction or contained in Annex III and be made available to It also states that
operation, or prior to the modifications leading the CAs for the purposes of, amongst other things, the MAPP should
to a change in the inventory of dangerous implementation of Articles 5 (2) and 18. be proportionate to
substances; 3. This Article shall not apply to the establishments the hazards and the
(b) for all other cases, one year from the date from referred to in Article 9. complexity of the
which this Directive applies to the establishment organisation and
concerned. activities.
3. Paragraphs 1 and 2 shall not apply if the operator See section 6 of this
has already established the MAPP and, where publication for more
required by national law, sent it to the CA before 1 details.
June 2015, and the information contained therein
complies with paragraph 1 and has remained
unchanged.
Impact of changes
within the Articles
4. Without prejudice to Article 11, the operator shall
periodically review and where necessary update the
MAPP, at least every five years. Where required by
national law the updated MAPP shall be sent to the
CA without delay.
5. The MAPP shall be implemented by appropriate
means, structures and by a SMS, in accordance
with Annex III, proportionate to the MAHs, and the
complexity of the organisation or the activities of
the establishment. For lower-tier establishments,
the obligation to implement the MAPP may be
fulfilled by other appropriate means, structures and
management systems, proportionate to MAHs,
43
taking into account the principles set out in Annex
III.
9. Domino effects 8. Domino effect Changes considered
1. Member States shall ensure that the CA, using 1. Member States shall ensure that theCA, using to have no material
the information received from the operators in the information received from the operators impact on distribution
accordance with Articles 7 and 10, or following a in compliance with Articles 6 and 9, identifies terminal operators.
request for additional information from the CA, or establishments or groups of establishments where
through inspections pursuant to Article 20, identifies the likelihood and the possibility or consequences of
all lower-tier and upper-tier establishments or groups a major accident may be increased because of the
of establishments where the risk or consequences location and the proximity of such establishments,
of a major accident may be increased because of and their inventories of dangerous substances.
the geographical position and the proximity of such
establishments, and their inventories of dangerous
substances.
Impact of changes
within the Articles
2. Where the CA has additional information to that 2. Member States must ensure that in the case of the
provided by the operator pursuant to point (g) of establishments thus identified:
Article 7(1), it shall make this information available (a) suitable information is exchanged in an
to that operator, if it is necessary for the application appropriate manner to enable these
of this Article. establishments to take account of the nature
3. Member States shall ensure that operators of and extent of the overall hazard of a MAPPs,
the establishments identified in accordance with SMSs, safety reports and internal emergency
paragraph 1: plans, and
(a) exchange suitable information to enable those (b) provision is made for cooperation in informing
establishments to take account of the nature the public and in supplying information to the
and extent of the overall hazard of a major authority responsible for the preparation of
accident in their MAPP, SMSs, safety reports and external emergency plans.
internal emergency plans, as appropriate, and
44
(b) cooperate in informing the public and
neighbouring sites that fall outside the scope of
this Directive, and in supplying information to
the authority responsible for the preparation of
external emergency plans.
10. Safety report 9. Safety report Existing upper-tier
1. Member States shall require the operator of an 1. Member States shall require the operator to produce sites may have to send
upper-tier establishment to produce a safety report a safety report for the purposes of: updated sections of
for the purposes of: their existing safety-
(a) demonstrating that a MAPP and a SMS for report to the CA by 1
(a) demonstrating that a MAPP and a SMS for implementing it have been put into effect in
June 2016
implementing it have been put into effect in accordance with the information set out in
accordance with the information set out in Annex III; Safety reports will
Annex III; have to be reviewed
(b) demonstrating that MAHs have been identified
following a major
(b) demonstrating that MAHs and possible major and that the necessary measures have been
accident at the
accident scenarios have been identified and taken to prevent such accidents and to limit their
establishment.
that the necessary measures have been taken consequences for man and the environment;
to prevent such accidents and to limit their
consequences for human health and the
environment;
Impact of changes
within the Articles
(c) demonstrating that adequate safety and (c) demonstrating that adequate safety and Updated safety reports
reliability have been taken into account in reliability have been incorporated into the or parts of the safety
the design, construction, operation and design, construction, operation and maintenance report will have to
maintenance of any installation, storage facility, of any installation, storage facility, equipment be sent to the CA
equipment and infrastructure connected with its and infrastructure connected with its without delay.
operation which are linked to MAHs inside the operation which are linked to MAHs inside the See section 8 of
establishment; establishment; this publication and
(d) demonstrating that internal emergency plans (d) demonstrating that internal emergency plans Annex D for more
have been drawn up and supplying information have been drawn up and supplying information details.
to enable the external emergency plan to be to enable the external plan to be drawn up in
drawn up, and order to take the necessary measures in the
(e) providing sufficient information to the CA to event of a major accident, and
enable decisions to be made regarding the (e) providing sufficient information to the CAs to
45
siting of new activities or developments around enable decisions to be made in terms of the
existing establishments. siting of new activities or developments around
2. The safety report shall contain at least the data existing establishments.
and information listed in Annex II. It shall name the 2. The safety report shall contain at least the data
relevant organisations involved in the drawing up of and information listed in Annex II. It shall name
the report. the relevant organisations involved in the drawing
3. The safety report shall be sent to the CA within the up of the report. It shall also contain an updated
following time-limits: inventory of the dangerous substances present in the
establishment. Safety reports, or parts of reports, or
(a) for new establishments, a reasonable period
any other equivalent reports produced in response
of time prior to the start of construction or
to other legislation, may be combined to form a
operation, or prior to the modifications leading

single safety report for the purposes of this Article,
to a change in the inventory of dangerous
where such a format obviates the unnecessary
substances;
duplication of information and the repetition of
(b) for existing upper-tier establishments, 1 June work by the operator or CA, on condition that all
2016, and the requirements of this Article are complied with.
(c) for other establishments, two years from the
date from which this Directive applies to the
establishment concerned.
Impact of changes
within the Articles
4. Paragraphs 1, 2 and 3 shall not apply if the operator 3. The safety report provided for in paragraph 1 shall
has already sent the safety report to the CA under be sent to the CA within the following time limits:
the requirements of national law before 1 June – for new establishments, a reasonable period
2015, and the information contained therein of time prior to the start of construction or of
complies with paragraphs 1 and 2 and has remained operation;
unchanged. In order to comply with paragraphs 1
– for existing establishments not previously
and 2, the operator shall submit any changed parts
covered by Directive 82/ 501/EEC, three years
of the safety report in the format agreed by the CA,
from the date laid down in Article 24 (1);
subject to the time-limits referred to in paragraph 3.
– for other establishments, two years from the
5. Without prejudice to Article 11, the operator shall
date laid down in Article 24 (1);
periodically review and where necessary update the
safety report at least every five years. – for establishments which subsequently fall
within the scope of this Directive, without
The operator shall also review and where necessary
46
delay, but at all events within one year after
update the safety report following a major accident
the date on which this Directive applies to the
at its establishment, and at any other time at the
establishment concerned, as laid down in the
initiative of the operator or at the request of the CA,
first subparagraph of Article 2(1), and
where justified by new facts or by new technological
knowledge about safety matters, including – in the case of the periodic reviews provided for in
knowledge arising from analysis of accidents or, as paragraph 5, without delay.
far as possible, 'near misses', and by developments 4. Before the operator commences construction or
in knowledge concerning the assessment of hazards. operation, or in the cases referred to in the second,
The updated safety report or updated parts thereof shall third, fourth and fifth indents of paragraph 3, the
be sent to the CA without delay. CA shall within a reasonable period of receipt of the
report:
6. Before the operator commences construction or

operation, or in the cases referred to in points (b) – communicate the conclusions of its examination
and (c) of paragraph 3 and in paragraph 5 of this of the safety report to the operator, if necessary
Article, the CA shall within a reasonable period of after requesting further information, or
receipt of the report communicate the conclusions of – prohibit the bringing into use, or the continued
its examination of the safety report to the operator use, of the establishment concerned, in
and, where appropriate, in accordance with Article accordance with the powers and procedures laid
19, prohibit the bringing into use, or the continued down in Article 17.
use, of the establishment concerned.
Impact of changes
within the Articles
5. The safety report shall be periodically reviewed and
where necessary updated:
– at least every five years, and
– at any other time at the initiative of the operator
or the request of the CA, where justified by
new facts or to take account of new technical
knowledge about safety matters, for example
arising from analysis of accidents or, as far as
possible, 'near misses', and of developments
in knowledge concerning the assessment of
hazards.
6. (a) Where it is demonstrated to the satisfaction
of the CA that particular substances present
47
at the establishment, or any part thereof, are
in a state incapable of creating a MAH, then
the Member State may, in accordance with the
criteria referred to in subparagraph (b), limit the
information required in safety reports to those
matters which are relevant to the prevention
of residual MAHs and the limitation of their
consequences for man and the environment.
(b) Before this Directive is brought into application,
the Commission, acting in accordance with the
procedure laid down in Article 16 of Directive
82/501/EEC, shall establish harmonised criteria

for the decision by the CA that an establishment
is in a state incapable of creating a MAH within
the meaning of subparagraph (a). Subparagraph
Impact of changes
within the Articles
(b) Shall not be applicable until those criteria have
been established.
(c) Member States shall ensure that the CA
communicates a list of the establishments
concerned to the Commission, giving reasons.
The Commission shall forward the lists annually
to the Committee referred to in Article 22.
(d) The Commission is invited to review by 31
December 2006 in close cooperation with the
Member States, the existing Guidance on the
preparation of a safety report
11. Modification of an installation, an 10. Modification of an installation, an Changes considered
48
establishment or a storage facility establishment or a storage facility to have no material
In the event of the modification of an installation, In the event of the modification of an installation, impact on distribution
establishment, storage facility, or process or of the establishment, storage facility or process, or of the terminal operators.
nature or physical form or quantity of dangerous nature or quantity of dangerous substances which could
substances which could have significant consequences have significant repercussions on MAHs, the Member
for MAHs, or could result in a lower-tier establishment States shall ensure that the operator:
becoming an upper-tier establishment or vice versa, – reviews and where necessary revises the MAPP,
Member States shall ensure that the operator reviews, and the management systems and procedures
and where necessary updates the notification, the referred to in Articles 7 and 9;
MAPP, the SMS and the safety report and informs the
– reviews, and where necessary revises, the safety
CA of the details of those updates in advance of that
report and informs the CA referred to in Article

modification.
16 of the details of such revision in advance of
such modification.
Impact of changes
within the Articles
12. Emergency plans 11. Emergency plans Existing upper-tier sites
1. Member States shall ensure that, for all upper-tier 1. Member States shall ensure that, for all establishments may have to update
establishments: to which Article 9 applies: their emergency plans
by 1 June 2016.
(a) the operator draws up an internal emergency (a) The operator draws up an internal emergency
plan for the measures to be taken inside the plan for the measures to be taken inside the See section 8 of
establishment; establishment: this publication and
Annex F for more
(b) the operator supplies the necessary information – for new establishments, prior to commencing
details.
to the CA, to enable the latter to draw up operation;
external emergency plans, and – for existing establishments not previously
(c) the authorities designated for that purpose covered by Directive 82/501/EEC, three years
by the Member State draw up an external from the date laid down in Article 24 (1);
emergency plan for the measures to be taken – for other establishments, two years from the
49
outside the establishment within two years date laid down in Article 24 (1), and
following receipt of the necessary information
– for establishments which subsequently fall
from the operator pursuant to point (b).
within the scope of this Directive, without
2. Operators shall comply with the obligations set delay, but at all events within one year after
out in points (a) and (b) of paragraph 1 within the the date on which this Directive applies to the
following time-limits: establishment concerned, as laid down in the
(a) for new establishments, a reasonable period of first subparagraph of Article 2(1).
time prior to the start of operation, or prior to (b) The operator supplies to the CAs, to enable the
the modifications leading to a change in the latter to draw up external emergency plans,
inventory of dangerous substances; the necessary information within the following
(b) for existing upper-tier establishments, by 1 June periods of time:
2016 unless the internal emergency plan drawn – for new establishments, prior to the start of
up under the requirements of national law operation;
before that date, and the information contained
– for existing establishments not previously
therein, and the information referred to in point
covered by Directive 82/501/EEC, three years
(b) of paragraph 1, complies with this Article and
from the date laid down in Article 24 (1);
has remained unchanged;
– for other establishments, two years from the
(c) for other establishments, two years from the
date laid down in Article 24 (1);
date from which this Directive applies to the
establishment concerned.
Impact of changes
within the Articles
3. The emergency plans shall be established with the – for establishments which subsequently fall
following objectives: within the scope of this Directive, without
(a) containing and controlling incidents so as to delay, but at all events within one year after
minimise the effects, and to limit damage to the date on which this Directive applies to the
human health, the environment and property; establishment concerned, as laid down in the
first subparagraph of Article 2(1).
(b) implementing the necessary measures to protect
human health and the environment from the (c) The authorities designated for that purpose
effects of major accidents; by the Member State draw up an external
emergency plan for the measures to be taken
(c) communicating the necessary information to
outside the establishment.
the public and to the services or authorities
concerned in the area, and 2. The emergency plans must be established with the
objectives of:
(d) providing for the restoration and clean-up of the
(a) containing and controlling incidents so as to
50
environment following a major accident.
minimise the effects and to limit damage to
Emergency plans shall contain the information set out in man, the environment and property;
Annex IV.
(b) implementing the measures necessary to
4. Member States shall ensure that the internal protect man and the environment from the
emergency plans provided for in this Directive effects of major accidents;
are drawn up in consultation with the personnel
working inside the establishment, including long- (c) communicating the necessary information to
term relevant subcontracted personnel. the public and to the services or authorities
concerned in the area, and
5. Member States shall ensure that the public
concerned is given early opportunity to give its (d) providing for the restoration and clean-up of
opinion on external emergency plans when they are the environment following a major accident.
being established or substantially modified. Emergency plans shall contain the information
set out in Annex IV.
Impact of changes
within the Articles
6. Member States shall ensure that internal and 3. Without prejudice to the obligations of the CAs,
external emergency plans are reviewed, tested Member States shall ensure that the internal
and, where necessary, updated by the operators emergency plans provided for in this Directive
and designated authorities respectively at suitable are drawn up in consultation with the personnel
intervals of no longer than three years. The review working inside the establishment, including long-
shall take into account changes occurring in the term relevant subcontracted personnel, and that
establishments concerned or within the emergency the public is consulted on external emergency plans
services concerned, new technical knowledge when they are established or updated.
and knowledge concerning the response to major 4. Member States shall ensure that internal and
accidents. external emergency plans are reviewed, tested
With regard to external emergency plans, Member and, where necessary, revised and updated by the
States shall take into account the need to facilitate operators and designated authorities at suitable
enhanced cooperation in civil protection assistance in intervals of no longer than three years. The review
51
major emergencies. shall take into account changes occurring in the
7. Member States shall ensure that emergency plans establishments concerned or within the emergency
are put into effect without delay by the operator services concerned, new technical knowledge
and, if necessary, by the CA designated for this and knowledge concerning the response to major
purpose when a major accident occurs or when an accidents.
uncontrolled event occurs which by its nature could 4a. With regard to external emergency plans, Member
reasonably be expected to lead to a major accident. States should take into account the need to facilitate
8. The CA may decide, giving reasons for their decision, enhanced cooperation in civil protection assistance in
in view of the information contained in the safety major emergencies.
report, that the requirement to produce an external 5. Member States shall ensure that emergency plans
emergency plan under paragraph 1 shall not apply. are put into effect without delay by the operator
and, if necessary, by the CA designated for this

purpose:
– when a major accident occurs, or
– when an uncontrolled event occurs which by its
nature could reasonably be expected to lead to a
major accident.
Impact of changes
within the Articles
6. The CA may decide, giving reasons for its decision,
in view of the information contained in the safety
report, that the requirement to produce an external
emergency plan under paragraph 1 shall not apply.
13. Land-use planning 12. Land-use planning Lower-tier terminals
1. Member States shall ensure that the objectives 1. Member States shall ensure that the objectives may be requested by
of preventing major accidents and limiting the of preventing major accidents and limiting the the CA to provide
consequences of such accidents for human health consequences of such accidents are taken into sufficient information
and the environment are taken into account in their account in their land-use policies and/or other for land-use planning
land-use policies or other relevant policies. They shall relevant policies. They shall pursue those objectives purposes.
pursue those objectives through controls on: through controls on: See section 11 of
(a) the siting of new establishments; (a) the siting of new establishments; this publication for
52
more details.
(b) modifications to establishments covered by (b) modifications to existing establishments covered
Article 11, and by Article 10, and
(c) new developments including transport routes, (c) new developments such as transport links,
locations of public use and residential areas in locations frequented by the public and
the vicinity of establishments, where the siting or residential areas in the vicinity of existing
developments may be the source of or increase establishments, where the siting or
the risk or consequences of a major accident. developments are such as to increase the risk
2. Member States shall ensure that their land-use or consequences of a major accident. Member
or other relevant policies and the procedures for States shall ensure that their land-use and/or
implementing those policies take account of the other relevant policies and the procedures for
need, in the long term: implementing those policies take account of the
need, in the long term, to maintain appropriate

(a) to maintain appropriate safety distances between
distances between establishments covered by
establishments covered by this Directive and
this Directive and residential areas, buildings and
residential areas, buildings and areas of public
areas of public use, major transport routes as
use, recreational areas, and, as far as possible,
far as possible, recreational areas and areas of
major transport routes;
particular natural sensitivity or interest and, in
(b) to protect areas of particular natural sensitivity or the case of existing establishments, of the need
interest in the vicinity of establishments, where for additional technical measures in accordance
appropriate through appropriate safety distances with Article 5 so as not to increase the risks to
or other relevant measures, and people.
Impact of changes
within the Articles
(c) in the case of existing establishments, to take 1a. The Commission is invited by 31 December 2006, in
additional technical measures in accordance with close cooperation with the Member States, to draw
Article 5 so as not to increase the risks to human up guidelines defining a technical database including
health and the environment. risk data and risk scenarios, to be used for assessing
3. Member States shall ensure that all CAs and the compatibility between the establishments
planning authorities responsible for decisions in this covered by this Directive and the areas described
area set up appropriate consultation procedures in paragraph1. The definition of this database shall
to facilitate implementation of the policies as far as possible take account of the evaluations
established under paragraph 1. The procedures made by the CAs, the information obtained from
shall be designed to ensure that operators provide operators and all other relevant information such as
sufficient information on the risks arising from the the socioeconomic benefits of development and the
establishment and that technical advice on those mitigating effects of emergency plans.
risks is available, either on a case-by-case or on a 2. Member States shall ensure that all CAs and
53
generic basis, when decisions are taken. planning authorities responsible for decisions in this
Member States shall ensure that operators of lower- area set up appropriate consultation procedures to
tier establishments provide, at the request of the facilitate implementation of the policies established
CA, sufficient information on the risks arising from under paragraph 1. The procedures shall be
the establishment necessary for land-use planning designed to ensure that technical advice on the risks
purposes. arising from the establishment is available, either on
a case-by-case or on a generic basis, when decisions
4. The requirements of paragraphs 1, 2 and 3 of this
are taken. establishment is available, either on a
Article shall apply without prejudice to the provisions
case-by-case or on a generic basis, when decisions
of Directive 2011/92/EU of the European Parliament
are taken.
and of the Council of 13 December 2011 on the
assessment of the effects of certain public and
private projects on the environment (1), Directive

2001/42/EC of the European Parliament and of the
Council of 27 June 2001 on the assessment of the
effects of certain plans and programmes on the
environment (2) and other relevant Union legislation.
Member States may provide for coordinated or joint
procedures in order to fulfil the requirements of
this Article and the requirements of that legislation,
inter alia, to avoid duplication of assessment or
consultations.
Impact of changes
within the Articles
14. Information to the public 13. Information on safety measures This extends the
1. Member States shall ensure that the information 1. Member States shall ensure that information on information that
referred to in Annex V is permanently available to safety measures and on the requisite behaviour in should be provided to
the public, including electronically. The information the event of an accident is supplied regularly and the public.
shall be kept updated, where necessary, including in in the most appropriate form, without their having Feedback from the
the event of modifications covered by Article 11. to request it, to all persons and all establishments HSE suggests that
2. For upper-tier establishments, Member States shall serving the public (such as schools and hospitals) it is likely that more
also ensure that: liable to be affected by a major accident originating information (such
in an establishment covered by Article 9. The as the full safety
(a) all persons likely to be affected by a major
information shall be reviewed every three years report or amended
accident receive regularly and in the most
and, where necessary, repeated and updated, at safety report and
appropriate form, without having to request
least if there is any modification within the meaning the inventory of
it, clear and intelligible information on safety
of Article 10. It shall also be made permanently dangerous substances)
measures and requisite behaviour in the event of
54
available to the public. The maximum period will need to be made
a major accident;
between the repetition of the information to the available to the public
(b) the safety report is made available to the public public shall, in any case, be no longer than five on request.
upon request subject to Article 22(3); where years. Such information shall contain, at least, the
Article 22(3) applies, an amended report, for See section 12 of
information listed in Annex V. this publication and
instance in the form of a non-technical summary,
2. Member States shall, with respect to the possibility Annex G for more
which shall include at least general information
of a major accident with transboundary effects details.
on MAHs and on potential effects on human
originating in an establishment under Article 9,
health and the environment in the event of a
provide sufficient information to the potentially
major accident, shall be made available, and
affected Member States so that all relevant
(c) the inventory of dangerous substances is made provisions contained in Articles 11, 12 and this
available to the public upon request subject to Article can be applied, where applicable, by the
Article 22(3). affected Member State.
Impact of changes
within the Articles
The information to be supplied under point (a) 3. Where the Member State concerned has decided
of the first subparagraph of this paragraph shall that an establishment close to the territory of
include at least the information referred to in another Member State is incapable of creating a
Annex V. That information shall likewise be supplied MAH beyond its boundary for the purposes of Article
to all buildings and areas of public use, including 11 (6) and is not therefore required to produce an
schools and hospitals and to all neighbouring external emergency plan under Article 11 (1), it shall
establishments in the case of establishments so inform the other Member State.
covered by Article 9. Member States shall ensure 4. Member States shall ensure that the safety report is
that the information is supplied at least every five made available to the public. The operator may ask
years and periodically reviewed and where necessary, the CA not to disclose to the public certain parts of
updated, including in the event of modifications the report, for reasons of industrial, commercial or
covered by Article 11. personal confidentiality, public security or national
3. Member States shall, with respect to the possibility defence. In such cases, on the approval of the CA,
55
of a major accident with transboundary effects the operator shall supply to the authority and make
originating in an upper-tier establishment, provide available to the public an amended report excluding
sufficient information to the potentially affected those matters.
Member States so that all relevant provisions 5. Member States shall ensure that the public is able to
contained in Articles 12 and 13 and in this Article give its opinion in the following cases:
can be applied, where applicable, by the potentially
– planning for new establishments covered by
affected Member States.
Article 9;
4. Where the Member State concerned has decided
– modifications to existing establishments under
that an establishment close to the territory of
Article 10, where such modifications are subject
another Member State is incapable of creating
to obligations provided for in this Directive as to
a MAH beyond its boundary for the purposes of
planning, and
Article 12(8) and is not therefore required to produce

an external emergency plan under Article 12(1), it – developments around such existing
shall inform the other Member State of its reasoned establishments.
decision. 6. In the case of establishments subject to the
provisions of Article 9, Member States shall ensure
that the inventory of dangerous substances provided
for in Article 9(2) is made available to the public
subject to the provisions of paragraph 4 of this
Article and Article 20.
Seveso III Article Seveso II Article Impact of changes

within the Articles
15. Public consultation and participation in New Article within
decision-making Seveso III which
1. Member States shall ensure that the public requires that the
concerned is given an early opportunity to give its public are consulted
opinion on specific individual projects relating to: when there are new
establishments,
(a) planning for new establishments pursuant to changes to
Article 13; establishments
(b) significant modifications to establishments under or developments
Article 11, where such modifications are subject close to existing
to obligations provided for in Article 13, and establishments.
(c) new developments around establishments where See section 13 of
the siting or developments may increase the risk this publication for
56
or consequences of a major accident pursuant to more details.
Article 13.
2. With regard to the specific individual projects
referred to in paragraph 1, the public shall be
informed by public notices or other appropriate
means, including electronic media where available,
of the following matters early in the procedure for
the taking of a decision or, at the latest, as soon as
the information can reasonably be provided:
(a) the subject of the specific project;
(b) where applicable, the fact that a project
is subject to a national or transboundary

environmental impact assessment or to
consultations between Member States in
accordance with Article 14(3);
Impact of changes
within the Articles
(c) details of the CA responsible for taking the
decision, from which relevant information
can be obtained and to which comments or
questions can be submitted, and details of the
time schedule for transmitting comments or
questions;
(d) the nature of possible decisions or, where there
is one, the draft decision;
(e) an indication of the times and places where, or
means by which, the relevant information will be
made available, and
(f) details of the arrangements for public
participation and consultation made pursuant to
57
paragraph 7 of this Article.
3. With regard to the specific individual projects
referred to in paragraph 1, Member States shall
ensure that, within appropriate time-frames, the
following is made available to the public concerned:
(a) in accordance with national legislation, the
main reports and advice issued to the CA at the
time when the public concerned was informed
pursuant to paragraph 2;
(b) in accordance with the provisions of Directive
2003/4/EC of the European Parliament and of

the Council of 28 January 2003 on public access
to environmental information (1), information
other than that referred to in paragraph 2 of
this Article which is relevant for the decision
in question and which only becomes available
after the public concerned was informed in
accordance with that paragraph.
Impact of changes
within the Articles
4. Member States shall ensure that the public
concerned is entitled to express comments and
opinions to the CA before a decision is taken on a
specific individual project as referred to in paragraph
1, and that the results of the consultations held
pursuant to paragraph 1 are duly taken into account
in the taking of a decision.
5. Member States shall ensure that when the relevant
decisions are taken, the CA shall make available to
the public:
(a) the content of the decision and the reasons
on which it is based, including any subsequent
updates, and
58
(b) the results of the consultations held before the
decision was taken and an explanation of how
they were taken into account in that decision.
6. Where general plans or programmes are being
established relating to the matters referred to in
points (a) or (c) of paragraph 1, Member States shall
ensure that the public is given early and effective
opportunities to participate in their preparation and
modification or review using the procedures set
out in Article 2(2) of Directive 2003/35/EC of the
European Parliament and of the Council of 26 May
2003 providing for public participation in respect of

the drawing up of certain plans and programmes
relating to the environment (2).
Impact of changes
within the Articles
Member States shall identify the public entitled
to participate for the purposes of this paragraph,
including relevant non-governmental organisations
meeting any relevant requirements imposed under
national law, such as those promoting environmental
protection. This paragraph shall not apply to plans
and programmes for which a public participation
procedure is carried out under Directive 2001/42/EC.
7. The detailed arrangements for informing the public
and consulting the public concerned shall be
determined by the Member States.
Reasonable time-frames for the different phases shall
be provided, allowing sufficient time for informing
59
the public and for the public concerned to prepare
and participate effectively in environmental decision-
making subject to the provisions of this Article.
16. Information to be supplied by the operator and 14. Information to be supplied by the operator CA requirements
actions to be taken following a major accident following a major accident detailed within Article
Member States shall ensure that, as soon as practicable 1. Member States shall ensure that, as soon as 17 of Seveso III.
following a major accident, the operator shall be practicable following a major accident, the operator Changes considered
required, using the most appropriate means, to: shall be required, using the most appropriate means, to have no material
(a) Inform the CA. to: impact on distribution
(a) Inform the CA; terminal operators.
(b) Provide the CA with the following information as

soon as it becomes available: (b) Provide the CA with the following information as
– the circumstances of the accident; soon as it becomes available:
– the dangerous substances involved; – the circumstances of the accident;
– the data available for assessing the effects of the – the dangerous substances involved;
accident on human health, the environment and – the data available for assessing the effects of the
property, and accident on man and the environment, and
– the emergency measures taken. – the emergency measures taken.
Impact of changes
within the Articles
(c) Inform the CA of the steps envisaged to: (c) Inform the CA of the steps envisaged:
– mitigate the medium-term and long-term effects – to alleviate the medium- and long-term effects of
of the accident, and the accident, and
– prevent any recurrence of such an accident. – to prevent any recurrence of such an accident.
(d) Update the information provided if further (d) Update the information provided if further
investigation reveals additional facts which alter investigation reveals additional facts which alter
that information or the conclusions drawn. that information or the conclusions drawn.
2. Member States shall require the CA:
(a) to ensure that any urgent, medium- and long-
term measures which may prove necessary are
taken;
(b) to collect, by inspection, investigation or other
60
appropriate means, the information necessary
for a full analysis of the technical, organisational
and managerial aspects of the major accident;
(c) to take appropriate action to ensure that the
operator takes any necessary remedial measures,
and
(d) to make recommendations on future preventive
measures.
17. Action to be taken by the CA following a major New Article but most
accident requirements were
Following a major accident, Member States shall require previously within

the CA to: Sevso II Article 14.
(a) ensure that any urgent, medium-term and long-
term measures which may prove necessary are
taken;
Impact of changes
within the Articles
(b) collect, by inspection, investigation or other However, Seveso III
appropriate means, the information necessary does introduce the
for a full analysis of the technical, organisational requirement for the
and managerial aspects of the accident; CA to inform the
(c) take appropriate action to ensure that the persons likely to
operator takes any necessary remedial measures; be affected, of the
accident and the
(d) make recommendations on future preventive
measures undertaken
measures, and
to mitigate its
(e) inform the persons likely to be affected, of consequences.
the accident which has occurred and, where
relevant, of the measures undertaken to mitigate Changes considered
its consequences. to have no material
61
terminal operators.
18. Information to be supplied by the Member 15. Information to be supplied by the Member Changes considered
States following a major accident States to the Commission to have no material
1. For the purpose of prevention and mitigation of 1. For the purpose of prevention and mitigation impact on distribution
major accidents, Member States shall inform the of major accidents, Member States shall inform terminal operators.
Commission of major accidents meeting the criteria the Commission as soon as practicable of major
of Annex VI which have occurred within their accidents meeting the criteria of Annex VI which
territory. They shall provide it with the following have occurred within their territory. They shall
details: provide it with the following details:
(a) the Member State, the name and address of the (a) the Member State, the name and address of the
authority responsible for the report; authority responsible for the report;
(b) the date, time and place of the accident, (b) the date, time and place of the major accident,
including the full name of the operator and the including the full name of the operator and the
address of the establishment involved; address of the establishment involved;
(c) a brief description of the circumstances of the
accident, including the dangerous substances
involved, and the immediate effects on human
health and the environment;
Impact of changes
within the Articles
(d) a brief description of the emergency measures (c) a brief description of the circumstances of the
taken and of the immediate precautions accident, including the dangerous substances
necessary to prevent recurrence, and involved, and the immediate effects on man and
(e) the results of their analysis and the environment, and
recommendations. (d) a brief description of the emergency measures
2. The information referred to in paragraph 1 of this taken and of the immediate precautions
Article shall be provided as soon as practicable and necessary to prevent recurrence.
at the latest within one year of the date of the 2. Member States shall, as soon as the information
accident, using the database referred to in Article provided for in Article 14 is collected, inform the
21(4). Where only preliminary information under Commission of the result of their analysis and
point (e) of paragraph 1 can be provided within recommendations using a report form established
this time-limit for inclusion in the database, the and kept under review through the procedure
information shall be updated once the results of referred to in Article 22. Reporting of this
62
further analysis and recommendations are available. information by Member States may be delayed only
Reporting of the information referred to in point (e) to allow for the completion of legal proceedings
of paragraph 1 by Member States may be delayed where such reporting is liable to affect those
to allow for the completion of judicial proceedings proceedings.
where such reporting may affect those proceedings. 3. Member States shall inform the Commission of
3. For the purposes of providing the information the name and address of any body which might
referred to in paragraph 1 of this Article by Member have relevant information on major accidents and
States, a report form shall be established in the form which is able to advise the CAs of other Member
of implementing acts. Those implementing acts shall States which have to intervene in the event of such
be adopted in accordance with the examination an accident.
procedure referred to in Article 27(2).
4. Member States shall inform the Commission of the

name and address of any body which might have
relevant information on major accidents and which
is able to advise the CAs of other Member States
which have to intervene in the event of such an
accident.
Impact of changes
within the Articles
16. CA Now covered by
Without prejudice to the operator's responsibilities, Article 6 within Seveso
Member States shall set up or appoint the CA or III.
authorities responsible for carrying out the duties laid
down in this Directive and, if necessary, bodies to assist
the CA or authorities at technical level.
19. Prohibition of use 17. Prohibition of use Changes considered

1. Member States shall prohibit the use or bringing 1. Member States shall prohibit the use or bringing to have no material
into use of any establishment, installation or storage into use of any establishment, installation or impact on distribution
facility, or any part thereof where the measures storage facility, or any part thereof where the terminal operators.
taken by the operator for the prevention and measures taken by the operator for the prevention
mitigation of major accidents are seriously deficient. and mitigation of major accidents are seriously
63
To this end, Member States shall, inter alia, take into deficient. Member States may prohibit the use or
account serious failures to take the necessary actions bringing into use of any establishment, installation
identified in the inspection report. or storage facility, or any part thereof if the operator
Member States may prohibit the use or bringing has not submitted the notification, reports or other
into use of any establishment, installation or storage information required by this Directive within the
facility, or any part thereof if the operator has specified period.
not submitted the notification, reports or other 2. Member States shall ensure that operators may
information required by this Directive within the appeal against a prohibition order by a CA under
specified period. paragraph 1 to an appropriate body determined by
2. Member States shall ensure that operators may national law and procedures.
appeal against a prohibition order by a CA under
paragraph 1 to an appropriate body determined by

national law and procedures.
Impact of changes
within the Articles
20. Inspections 18. Inspections Seveso III requires
1. Member States shall ensure that the CAs organise a 1. Member States shall ensure that the CAs organise a inspections of upper-
system of inspections. system of inspections or other measures of control tier sites at least every
appropriate to the type of establishment concerned. year and lower-tier
2. Inspections shall be appropriate to the type of sites at least every
establishment concerned. They shall not be Those inspections or control measures shall not
be dependent upon receipt of the safety report three years unless the
dependent upon receipt of the safety report or any CA has drawn up an
other report submitted. They shall be sufficient for a or any other report submitted. Such inspections
or other control measures shall be sufficient for a inspection programme
planned and systematic examination of the systems based on a systematic
being employed at the establishment, whether of a planned and systematic examination of the systems
being employed at the establishment, whether of a appraisal of MAHs of
technical, organisational or managerial nature, so as the establishments
to ensure in particular that: technical, organisational or managerial nature, so as
to ensure in particular: concerned.
(a) the operator can demonstrate that he has taken
(a) that the operator can demonstrate that he has Results of inspections
appropriate measures, in connection with the
64
taken appropriate measures, in connection will have to be
various activities of the establishment, to prevent
with the various activities involved in the communicated within
major accidents;
establishment, to prevent major accidents; four months to the
(b) the operator can demonstrate that he has operator.
provided appropriate means for limiting the (b) that the operator can demonstrate that he has
consequences of major accidents, on-site and provided appropriate means for limiting the If a serious non-
off-site; consequences of major accidents, on site and off compliance is
site; identified a repeat
(c) the data and information contained in the inspection shall be
safety report, or any other report submitted, (c) that the data and information contained in the
safety report, or any other report submitted, carried out within six
adequately reflects the conditions in the months.
establishment, and adequately reflects the conditions in the
establishment, and Inspections should

(d) information has been supplied to the public
(d) that information has been supplied to the public be coordinated with
pursuant to Article 14.
pursuant to Article 13 (1). other legislation where
3. Member States shall ensure that all establishments possible.
are covered by an inspection plan at national,
regional or local level and shall ensure that this
plan is regularly reviewed and, where appropriate,
updated.
Impact of changes
within the Articles
Each inspection plan shall include the following: 2. The system of inspection specified in paragraph 1 Overall the impact to
(a) a general assessment of relevant safety issues; shall comply with the following conditions: terminals is likely to be
(a) there shall be a programme of inspections for all limited.
(b) the geographical area covered by the inspection
plan; establishments. Unless the CA has established See section 10 of
a programme of inspections based upon a this publication for
(c) a list of the establishments covered by the plan;
systematic appraisal of MAHs of the particular more details.
(d) a list of groups of establishments with possible establishment concerned, the programme shall
domino effects pursuant to Article 9; entail at least one on-site inspection made by
(e) a list of establishments where particular external the CA every 12 months of each establishment
risks or hazard sources could increase the risk or covered by Article 9;
consequences of a major accident; (b) following each inspection, a report shall be
(f) procedures for routine inspections, including the prepared by the CA, and
programmes for such inspections pursuant to (c) where necessary, every inspection carried
65
paragraph 4; out by the CA shall be followed up with the
(g) procedures for non-routine inspections pursuant management of the establishment, within a
to paragraph 6, and reasonable period following the inspection.
(h) provisions on the co-operation between different 3. The CA may require the operator to provide any
inspection authorities. additional information necessary to allow the
4. Based on the inspection plans referred to in authority fully to assess the possibility of a major
paragraph 3, the CA shall regularly draw up accident and to determine the scope of possible
programmes for routine inspections for all increased probability and/or aggravation of major
establishments including the frequency of site visits accidents, to permit the preparation of an external
for different types of establishments. emergency plan, and to take substances into
account which, due to their physical form, particular

The period between two consecutive site visits shall
conditions or location, may require additional
not exceed one year for upper-tier establishments
consideration.
and three years for lower- tier establishments, unless
the CA has drawn up an inspection programme
based on a systematic appraisal of MAHs of the
establishments concerned.
Impact of changes
within the Articles
5. The systematic appraisal of the hazards of the
establishments concerned shall be based on at least
the following criteria:
(a) the potential impacts of the establishments
concerned on human health and the
environment, and
(b) the record of compliance with the requirements
of this Directive.
Where appropriate, relevant findings of inspections
carried out under other Union legislation shall also
be taken into account.
6. Non-routine inspections shall be carried out to
66
investigate serious complaints, serious accidents and
'near misses', incidents and occurrences of non-
compliance as soon as possible.
7. Within four months after each inspection, the CA
shall communicate the conclusions of the inspection
and all the necessary actions identified to the
operator. The CA shall ensure that the operator
takes all those necessary actions within a reasonable
period after receipt of the communication.
8. If an inspection has identified an important case of
non-compliance with this Directive, an additional
inspection shall be carried out within six months.

9. Inspections shall, where possible, be coordinated
with inspections under other Union legislation and
combined where appropriate.
Impact of changes
within the Articles
10. Member States shall encourage the CAs to provide
mechanisms and tools for exchanging experience
and consolidating knowledge, and to participate in
such mechanisms at Union level where appropriate.
11. Member States shall ensure that operators provide
the CAs with all necessary assistance to enable
those authorities to carry out any inspection
and to gather any information necessary for the
performance of their duties for the purposes of
this Directive. In particular, to allow the authorities
to fully assess the possibility of a major accident
and to determine the scope of possible increased
probability or aggravation of major accidents, to
67
prepare an external emergency plan and to take
into account substances which, due to their physical
form, particular conditions or location, may require
additional consideration.
21. Information system and exchanges 19. Information system and exchanges Within Seveso II the
1. Member States and the Commission shall exchange 1. Member States and the Commission shall exchange information is made
information on the experience acquired with regard information on the experience acquired with regard available to certain
to the prevention of major accidents and the to the prevention of major accidents and the stakeholders. Within
limitation of their consequences. This information limitation of their consequences. This information Seveso III this is
shall concern, in particular, the functioning of the shall concern, in particular, the functioning of the changed to the public.
measures provided for in this Directive. measures provided for in this Directive. Changes considered
2. By 30 September 2019, and every four years 1a. For establishments covered by this Directive, Member to have no material
thereafter, Member States shall provide the States shall supply the Commission with at least the impact on distribution
Commission with a report on the implementation of following information: terminal operators.
this Directive. (a) the name or trade name of the operator and the
full address of the establishment concerned, and
(b) the activity or activities of the establishment.
Impact of changes
within the Articles
3. For establishments covered by this Directive, Member The Commission shall set up and keep up to date
States shall supply the Commission with at least the a database containing the information supplied by
following information: the Member States. Access to the database shall be
(a) the name or trade name of the operator and the reserved to persons authorised by the Commission or
full address of the establishment concerned, and the CAs of the Member States.
(b) the activity or activities of the establishment. 2. The Commission shall set up and keep at the
disposal of Member States a register and information
The Commission shall set up and keep up to date
system containing, in particular, details of the major
a database containing the information supplied by
accidents which have occurred within the territory of
the Member States. Access to the database shall be
Member States, for the purpose of:
restricted to persons authorised by the Commission
or the CAs of the Member States. (a) the rapid dissemination of the information
supplied by Member States pursuant to Article
4. The Commission shall set up and keep at the
15 (1) among all CAs;
68
disposal of Member States a database containing, in
particular, details of the major accidents which have (b) distribution to CAs of an analysis of the causes
occurred within the territory of Member States, for of major accidents and the lessons learned from
the purpose of: them;
(a) the rapid dissemination of the information (c) supply of information to CAs on preventive
supplied by Member States pursuant to Article measures, and
18(1) and (2) among all CAs; (d) provision of information on organisations able
(b) distribution to CAs of an analysis of the causes to provide advice or relevant information on the
of major accidents and the lessons learned from occurrence, prevention and mitigation of major
them; accidents.
(c) supply of information to CAs on preventive The register and information system shall contain, at
measures, and least:

(d) provision of information on organisations able (a) the information supplied by Member States in
to provide advice or relevant information on the compliance with Article 15 (1);
occurrence, prevention and mitigation of major (b) an analysis of the causes of the accidents;
accidents. (c) the lessons learned from the accidents, and
(d) the preventive measures necessary to prevent a
recurrence.
Impact of changes
within the Articles
5. The Commission shall, by 1 January 2015, adopt 3. Without prejudice to Article 20, access to the register
implementing acts to establish the formats for and information system shall be open to government
communicating the information referred to in departments of the Member States, industry or
paragraphs 2 and 3 of this Article from Member trade associations, trade unions, non-governmental
States and the relevant databases referred to in organisations in the field of the protection of the
paragraphs 3 and 4. Those implementing acts shall environment and other international or research
be adopted in accordance with the examination organisations working in the field.
procedure referred to in Article 27(2). 4. Member States shall provide the Commission with a
6. The databases referred to in paragraph 4 shall three-yearly report in accordance with the procedure
contain, at least: laid down in Council Directive 91/692/EEC of 23
(a) the information supplied by Member States in December 1991 standardising and rationalising
accordance with Article 18(1) and (2); reports on the implementation of certain Directives
69
relating to the environment (1) for establishments
(b) an analysis of the causes of the accidents;
covered by Articles 6 and 9. The Commission shall
(c) the lessons learned from the accidents, and publish a summary of this information every three
(d) the preventive measures necessary to prevent a years.
recurrence.
7. The Commission shall make publicly available the
non-confidential part of the data.
22. Access to information and confidentiality 20. Confidentiality Seveso III restricts the
1. Member States shall ensure, in the interests of 1. Member States shall ensure, in the interests of circumstances under
transparency, that the CA is required to make any transparency, that the CAs are required to make which information can
information held pursuant to this Directive available information received pursuant to this Directive be kept confidential.
to any natural or legal person who so requests in available to any natural or legal person who so See section 14 of
accordance with Directive 2003/4/EC. requests. Information obtained by the CAs or the this publication for
Commission may, where national provisions so more details.
require, be kept confidential if it calls into question:
Impact of changes
within the Articles
2. Disclosure of any information required under this (a) the confidentiality of the deliberations of the
Directive, including under Article 14, may be refused CAs and the Commission;
or restricted by the CA where the conditions laid (b) the confidentiality of international relations and
down in Article 4 of Directive 2003/4/EC are fulfilled. national defence;
3. Disclosure of the complete information referred (c) public security;
to in points (b) and (c) of Article 14(2) held by the
(d) the confidentiality of preliminary investigation
CA may be refused by that CA, without prejudice
proceedings or of current legal proceedings;
to paragraph 2 of this Article, if the operator has
requested not to disclose certain parts of the safety (e) commercial and industrial secrets, including
report or the inventory of dangerous substances intellectual property;
for the reasons provided for in Article 4 of Directive (f) personal data and/or files, and
2003/4/EC. (g) data supplied by a third party if that party asks
The CA may also decide for the same reasons that for them to be kept confidential.
70
certain parts of the report or inventory shall not be 2. This Directive shall not preclude the conclusion by a
disclosed. In such cases, and on approval of that Member State of agreements with third countries on
authority, the operator shall supply to the CA an the exchange of information to which it is privy at
amended report or inventory excluding those parts. internal level.
23. Access to justice New Article which
Member States shall ensure that: requires public to be
able to seek a review
(a) any applicant requesting information pursuant of certain CA acts or
to points (b) or (c) of Article 14(2) or Article omissions.
22(1) of this Directive is able to seek a review in
accordance with Article 6 of Directive 2003/4/ See section 15 of
EC of the acts or omissions of a CA in relation to this publication for

such a request, and further details
(b) in their respective national legal system,
members of the public concerned have access
to the review procedures set up in Article 11 of
Directive 2011/92/EU for cases subject to Article
15(1) of this Directive.
Impact of changes
within the Articles
24. Guidance New Article which
The Commission may develop guidance on safety means that new
distance and domino effects. guidance may be
developed by the
Commission which
may have a future
impact on terminal
operators.
25. Amendment of Annexes New Article. Changes
The Commission shall be empowered to adopt considered to have no
delegated acts in accordance with Article 26 in order immediate material
to adapt Annexes II to VI to technical progress. Such impact on distribution
adaptations shall not result in substantial changes in the terminal operators,
71
obligations of the Member States and the operators as but future changes
laid down in this Directive. could have an impact.
26. Exercise of the delegation New Article.

1. The power to adopt delegated acts is conferred on Changes considered
the Commission subject to the conditions laid down to have no material
in this Article. impact on distribution
2. The power to adopt delegated acts referred to in terminal operators.
Article 25 shall be conferred on the Commission
for a period of five years from 13 August 2012.
The Commission shall draw up a report in respect
of the delegation of power no later than nine

months before the end of the five-year period. The
delegation of power shall be tacitly extended for
periods of an identical duration, unless the European
Parliament or the Council opposes such extension
not later than four months before the end of each
period.
Impact of changes
within the Articles
3. The delegation of power referred to in Article
25 may be revoked at any time by the European
Parliament or by the Council. A decision to revoke
shall put an end to the delegation of the power
specified in that decision. It shall take effect the
day following the publication of the decision in the
Official Journal of the European Union or at a later
date specified therein. It shall not affect the validity
of any delegated acts already in force.
4. As soon as it adopts a delegated act, the
Commission shall notify it simultaneously to the
European Parliament and to the Council.
5. A delegated act adopted pursuant to Article 25 shall
72
enter into force only if no objection has been expressed
either by the European Parliament or the Council within
a period of two months of notification of that act to
the European Parliament and the Council or if, before
the expiry of that period, the European Parliament and
the Council have both informed the Commission that
they will not object. That period shall be extended by
two months at the initiative of the European Parliament
or of the Council.
21. Terms of reference of the Committee Changes considered
to have no material
The measures required to adapt the criteria referred

to in Article 9 (6) (b) and Annexes II to VI to technical impact on distribution
progress and to draw up the report form referred to in terminal operators.
Article 15 (2) shall be adopted in accordance with the
procedure laid down in Article 22.
Impact of changes
within the Articles
27. Committee procedure 22. Committee Changes considered
1. The Commission shall be assisted by the Committee 1. The Commission shall be assisted by a committee. to have no material
established by Directive 96/82/EC. That Committee is impact on distribution
2. Where reference is made to this Article, Articles terminal operators.
a committee within the meaning of Regulation (EU) 5 and 7 of Decision 1999/468/EC shall apply,
No 182/2011. having regard to the provisions of Article 8 thereof.
2. Where reference is made to this paragraph, Article 5 The period laid down in Article 5(6) of Decision
of Regulation (EU) No 182/2011 shall apply. 1999/468/EC shall be set at three months.
3. The Committee shall adopt its rules of procedure.
23. Repeal of Directive 82/501/EEC Changes considered
1. Directive 82/501/EEC shall be repealed 24 months to have no material
after the entry into force of this Directive. impact on distribution
terminal operators.
73
2. Notifications, emergency plans and information
for the public presented or drawn up pursuant to
Directive 82/501/EEC shall remain in force until such
time as they are replaced under the corresponding
provisions of this Directive.
24. Implementation Within Seveso III this is
1. Member States shall bring into force the laws, covered in Article 31.
regulations and administrative provisions necessary Changes considered
to comply with this Directive not later than 24 to have no material
months after its entry into force. They shall forthwith impact on distribution
inform the Commission thereof. When Member terminal operators.
States adopt these measures, they shall contain a

reference to this Directive or shall be accompanied
by such reference on the occasion of their official
publication. The methods of making such reference
shall be laid down by Member States.
Impact of changes
within the Articles
2. Member States shall communicate to the
Commission the main provisions of domestic law
which they adopt in the field governed by this
Directive.
28. Penalties New article which
Member States shall determine penalties applicable introduces the
to infringements of the national provisions adopted requirement for
pursuant to this Directive. The penalties thus provided penalties for
for shall be effective, proportionate and dissuasive. infringements to the
Member States shall notify those provisions to the COMAH Regulations.
Commission by 1 June 2015 and shall notify it without See section 16 of
delay of any subsequent amendment affecting them. this publication for
more details.
74
29. Reporting and review New Article.
1. By 30 September 2020, and every four years Changes considered
thereafter, the Commission, on the basis of to have no immediate.
information submitted by Member States in material impact on
accordance with Article 18 and Article 21(2) and distribution terminal
of information held in databases, as referred to in operators.
Article 21(3) and (4), and taking into account the However, report
implementation of Article 4, shall submit to the may recommend
European Parliament and to the Council a report future amendments,
on the implementation and efficient functioning
in particular
of this Directive, including information on major regarding financial
accidents that have occurred within the Union and responsibilities and
their potential impact upon the implementation of insurance for major
this Directive. The Commission shall include in the accidents.
first of those reports an assessment of the need to
amend the scope of this Directive. Any report may,
where appropriate, be accompanied by a legislative
proposal.
Impact of changes
within the Articles
2. In the context of relevant Union legislation, the
Commission may examine the need to address the
issue of financial responsibilities of the operator in
relation to major accidents, including issues related
to insurance.
30. Amendment of Directive 96/82/EC Amends Seveso II to
In Directive 96/82/EC, the words '(d) HFOs' are added to include HFOs within
the heading 'petroleum products' in Part 1 of Annex I. petroleum products.
This change is already
in place. No further
implications for
terminal operators.
75
31. Transposition Within Seveso II this is
1. Member States shall bring into force the laws, covered in Article 24.
regulations and administrative provisions necessary Changes considered
to comply with this Directive by 31 May 2015. They to have no material
shall apply those measures from 1 June 2015. impact on distribution
Notwithstanding the first subparagraph, Member terminal operators.
States shall bring into force the laws, regulations
and administrative provisions necessary to comply
with Article 30 of this Directive by 14 February 2014.
They shall apply those measures from 15 February
2014. They shall forthwith communicate to the
Commission the text of those provisions.

When Member States adopt those provisions, they
shall contain a reference to this Directive or be
accompanied by such a reference on the occasion
of their official publication. Member States shall
determine how such reference is to be made.
Impact of changes
within the Articles
2. Member States shall communicate to the
Commission the text of the main provisions of
national law which they adopt in the field covered by
this Directive.
32. Repeal Changes considered
1. Directive 96/82/EC is repealed with effect from 1 to have no material
June 2015. impact on distribution
terminal operators.
2. References to the repealed Directive shall be
construed as references to this Directive and shall be
read in accordance with the correlation table set out
in Annex VII.
33. Entry into force 25. Entry into force Changes considered
76
This Directive shall enter into force on the 20th day This Directive shall enter into force on the 20th day to have no material
following that of its publication in the Official journal of following that of its publication in the Official journal of impact on distribution
the European Union. the European Communities. terminal operators.
34. Addressees 26. Addressee Changes considered

This Directive is addressed to the Member States. This Directive is addressed to the Member States. to have no material
terminal operators.
ANNEX B
COMPARISON OF ANNEX I CATEGORIES BETWEEN SEVESO III AND SEVESO II

Lower Upper Lower Top
No. Category tier tier Notes No. Category tier tier Notes
(Tonnes) (Tonnes) (Tonnes) (Tonnes)
Health hazards
H1 Acute toxic 5 20 Category 1, all exposure 1 Very toxic 5 20 Seveso III category
category 1 routes does not exactly
align with Seveso II
very toxic category
H2 Acute toxic 50 200 Category 2, all exposure 2 Toxic 50 200 Seveso III category
category 2 routes does not exactly
77
and 3 Category 3, inhalation align with Seveso II
exposure route toxic category
Dangerous substances
that fall within acute
toxic category 3 via
the oral route where
neither acute inhalation
toxicity classification nor
acute dermal toxicity
classification can be
derived.
H3 STOT – single 50 200 STOT SE category 1 New category
exposure
Comparison of Annex I categories between Seveso III and Seveso II (continued)

Physical hazards
P1a Explosives 10 50 Unstable explosives or 5 Explosive 10 50 Where the
explosives, division 1.1, substance,
1.2, 1.3, 1.5 or 1.6, or preparation or
substances or mixtures Article falls under
having explosive properties any of: UN/ADR
according to method Divisions 1.1, 1.2,
A.14 of Regulation (EC) 1.3, 1.5 or 1.6 or
No 440/2008 and do risk phrase R2 or R3
not belong to the hazard
classes organic peroxides
78
or self-reactive substances
and mixtures.
The hazard class
explosives includes
explosive Articles.
P1b Explosives 50 200 Explosives, division 1.4 4 Explosive 50 200 Where the
If explosives of division 1.4 substance,
are unpacked or repacked, preparation or
they shall be assigned to Article falls under
UN/ADR Division
the entry P1a, unless the

hazard is shown to still 1.4
correspond to division 1.4

P2 Flammable 10 50 Flammable gases, 8 Extremely 10 50 Gases which
gases category 1 or 2. (also flammable are flammable
(EC) No 1272/2008: see in contact with
P5a) air at ambient
Category 1 = gases, which temperature and
at 20 oC and a standard pressure (risk
pressure of 101,3 kPa: phrase R12, second
(a) are ignitable when in a indent), which are
mixture of 13 % or less by in a gaseous or
volume in air; or supercritical state
(b) have a flammable
79
range with air of at least
12 % regardless of the
lower flammable limit.
Category 2 = gases, other
than those of category
1, which, at 20 oC and
a standard pressure
of 101,3 kPa, have a
flammable range while
mixed in air.

P3a Flammable 150 500 'Flammable' aerosols New category
aerosols (net) (net) category 1 or 2,
containing flammable
gases category 1 or 2
or flammable liquids
category 1
P3b Flammable 5 000 50 000 'Flammable' aerosols New category
aerosols (net) (net) category 1 or 2, not
containing flammable
gases category 1 or 2
80
nor flammable liquids
category 1
P4 Oxidising gases 50 200 Oxidising gases, category 1 3 Oxidising 50 200
P5a Flammable 10 50 Flammable liquids, 8 Extremely 10 50 Liquid substances
liquids category 1, or flammable (also flammable and preparations
liquids category 2 or 3 see P2) which have a flash
maintained at a temperature point lower than
above their boiling point, or 0 ºC and the
other liquids with a flash boiling point (or,
point ≤ 60 °C, in the case of a
maintained at a boiling range, the

temperature above their initial boiling point)
boiling point. of which at normal
pressure is less than
or equal to 35 ºC
(risk phrase R 12,

(EC) No 1272/2008: first indent)
Category 1 flash point flammable and
<23 oC and boiling point highly flammable
≤35 oC liquid substances
and preparations
Category 2 flash point
maintained at a
<23 oC and boiling point
temperature above
>35 oC
their boiling point.
≥23oC and boiling point
≤60 oC
81
P5b Flammable 50 200 Flammable liquids category 7a Highly 50 200 Substances and
liquids 2 or 3 where particular (also flammable preparations
processing conditions, see which have a flash
such as high pressure or Seveso point lower than
high temperature, may III P7) 55 ºC and which
create MAHs, or other remain liquid
liquids with a flash point under pressure,
≤ 60 °C where particular where particular
processing conditions, processing
such as high pressure or conditions, such
high temperature, may as high pressure or
create MAHs. high temperature,

(EC) No 1272/2008: may create MAHs
<23 oC and boiling point
>35oC
≥23 oC and boiling point
≤60 oC

P5c Flammable 5 000 50 000 Flammable liquids, 6 Flammable 5 000 50 000 Flammable liquids:
liquids categories 2 or 3 not substances and
covered by P5a and P5b. preparations having
(EC) No 1272/2008: a flash point equal
to or greater than
Category 2 flash point 21 ºC and less
<23 oC and boiling point than or equal to
>35 oC 55 ºC (risk phrase
Category 3 flash point R 10), supporting
≥23 oC and boiling point combustion
≤60 oC
82
7b Highly 5 000 50 000 Substances and
flammable preparations
having a flash
point lower than
21 ºC and which
are not extremely
flammable (risk
phrase R 11,
second indent)
P6a Self-reactive 10 50 Self-reactive substances New category
substances and mixtures, Type A or B

and mixtures or organic peroxides, Type
and organic A or B
peroxides

P6b Self-reactive 50 200 Self-reactive substances New category
substances and mixtures, type C, D, E
and mixtures or F or organic peroxides,
and organic type C, D, E, or F
peroxides
P7 Pyrophoric 50 200 Pyrophoric liquids, 7a Highly 50 200 New category for
liquids and category 1 (also flammable solids.
solids Pyrophoric solids, category see substances and
1 Seveso preparations which
III P5b) may become hot
83
and finally catch
fire in contact with
air at ambient
temperature
without any input
of energy (risk
phrase R 17),
Environmental hazards
P8 Oxidising 50 200 Oxidising liquids, category 3 Oxidising 50 200
liquids and 1, 2 or 3, or oxidising
solids solids, category 1, 2 or 3

E1 Hazardous to 50 200 9 (i) R50: 'Very 100 200
the aquatic toxic to
environment aquatic
in category organisms'
acute 1 or (including
chronic 1 R50/53)

E2 Hazardous to 200 500 9 (ii) R51/53: 'Toxic 200 500
the aquatic to aquatic
environment organisms;
in category may cause
chronic 2 long term
adverse
effects in
the aquatic
environment'
Other hazards
84
O1 Substances 100 500 EUH014 = reacts violently 10 (i) R14: 'Reacts 100 500
or mixtures with water violently
with hazard with water'
statement (including
EUH014 R14/15)
O2 Substances and 100 500 New category
mixtures which
in contact with
water emit
flammable
gases, category
1
O3 Substances 50 200 EUH029 = contact with 10 (ii) R29: 'in 50 200
or mixtures water liberates toxic gas contact with
with hazard water, liberates
statement toxic gas'
EUH029
ANNEX C
NEW NAMED SUBSTANCES WITHIN SEVESO III
Named substance Lower tier Upper tier

(Tonnes) (Tonnes)
7. Arsenic pentoxide, arsenic (V) acid and/or salts 1 2
8. Arsenic trioxide, arsenious (III) acid and/or salts 0,1

34. Petroleum products and alternative fuels
(a) gasolines and naphthas
(b) kerosenes (including jet fuels)
(c) gas oils (including diesel fuels, home heating oils and gas oil
blending streams)
2 500 25 000
Note (a) (b) and (c) already named substances
(d) HFOs
(e) alternative fuels serving the same purposes and with similar
properties as regards flammability and environmental
hazards as the products referred to in points (a) to (d)
35. Anhydrous ammonia 50 200
36. Boron trifluoride 5 20
37. Hydrogen sulphide 5 20
38. Piperidine 50 200
39. Bis(2-dimethylaminoethyl) (methyl)amin 50 200
40. 3-(2-Ethylhexyloxy) propylamin 50 200

41. Mixtures of sodium hypochlorite classified as aquatic acute
category 1 containing less than 5 % active chlorine and not 200 500
classified under any of the other hazard categories.
42. Propylamine (see note 21) 500 2 000
43. Tert-butyl acrylate 200 500
44. 2-Methyl-3-butenenitrile 500 2 000
45. Tetrahydro-3,5-dimethyl-1,3,5,-thiadiazine-2-thione (Dazomet) 100 200
46. Methyl acrylate 500 2 000
47. 3-Methylpyridine 500 2 000
48. 1-Bromo-3-chloropropane 500 2 000
85
ANNEX D
COMPARISON OF SAFETY REPORT REQUIREMENTS BETWEEN ANNEX II OF SEVESO III AND
ANNEX II OF SEVESO II

Seveso III Annex II minimum safety report requirements Seveso II Annex II minimum safety report requirements Comments
1. Information on the management system and on 1. Information on the management system and on No changes.
the organisation of the establishment with a view to the organisation of the establishment with a view to
major accident prevention. major accident prevention.
This information shall contain the elements indicated in This information shall contain the elements given in
Annex III. Annex III.
86
2. Presentation of the environment of the 2. Presentation of the environment of the New requirement
establishment: establishment to identify
(a) description of the establishment and its (a) description of the site and its environment neighbouring
environment including the geographical location, including the geographical location, establishments
meteorological, geological, hydrographic meterological, geological, hydrographic conditions etc. that can
conditions and, if necessary, its history; and, if necessary, its history; increase the risk or
consequence of a
(b) identification of installations and other activities of (b) identification of installations and other activities
major accident.
the establishment which could present a MAH; of the establishment which could present a MAH,
(c) on the basis of available information, identification and See section 8 of
of neighbouring establishments, as well as sites (c) description of areas where a major accident may this publication.
that fall outside the scope of this Directive, areas occur.

and developments that could be the source of,
or increase the risk or consequences of a major
accident and of domino effects, and
(d) description of areas where a major accident may
occur.
Comparison of safety report requirements between Annex II of Seveso III and Annex II of Seveso II (continued)
3. Description of the installation: 3. Description of the installation New requirement to
(a) Description of the main activities and products (a) Description of the main activities and products take account of best
of the parts of the establishment which are of the parts of the establishment which are practices.
important from the point of view of safety, important from the point of view of safety, See section 8 of
sources of major accident risks and conditions sources of major accident risks and conditions this publication.
under which such a major accident could under which such a major accident could
happen, together with a description of proposed happen, together with a description of proposed
preventive measures. preventive measures.
(b) Description of processes, in particular the (b) Description of processes, in particular the
operating methods; where applicable, taking into operating methods.
account available information on best practices. (c) Description of dangerous substances:
(c) Description of dangerous substances. – inventory of dangerous substances including:
– inventory of dangerous substances including: (i) the identification of dangerous substances:
87
(i) the identification of dangerous substances: chemical name, CAS number, name according
chemical name, CAS number, name according to IUPAC nomenclature, and
to IUPAC nomenclature, and (ii) the maximum quantity of dangerous
(ii) the maximum quantity of dangerous substances present or likely to be present;
substances present or likely to be present; – physical, chemical, toxicological characteristics
– physical, chemical, toxicological characteristics and indication of the hazards, both immediate
and indication of the hazards, both immediate and delayed for man and the environment,
and delayed for human health and the and
environment, and – physical and chemical behaviour under
– physical and chemical behaviour under normal conditions of use or under foreseeable
normal conditions of use or under foreseeable accidental conditions.

accidental conditions.
4. Identification and accidental risks analysis and 4. Identification and accidental risks analysis and More details
prevention methods: prevention methods required regarding
(a) Detailed description of the possible major accident (a) Detailed description of the possible major accident the causes of major
scenarios and their probability or the conditions scenarios and their probability or the conditions accident scenarios.
under which they occur including a summary of under which they occur including a summary of Additional
the events which may play a role in triggering the events which may play a role in triggering requirement to
each of these scenarios, the causes being internal each of these scenarios, the causes being internal consider past
or external to the installation; including in or external to the installation. accidents and
particular: (b) Assessment of the extent and severity of the incidents.
– operational causes; consequences of identified major accidents See section 8 of
– external causes, such as those related to including maps, images or, as appropriate, this publication.
domino effects, sites that fall outside the scope equivalent descriptions, showing areas which are
of this Directive, areas and developments that liable to be affected by such accidents arising
could be the source of, or increase the risk or from the establishment, subject to the provisions
88
consequences of a major accident, and of Articles 13(4) and 20.
– natural causes, for example earthquakes or (c) Description of technical parameters and
floods; equipment used for the safety of installations.
(b) Assessment of the extent and severity of the
consequences of identified major accidents
including maps, images or, as appropriate,
equivalent descriptions, showing areas which are
likely to be affected by such accidents arising from
the establishment.
(c) Review of past accidents and incidents with
the same substances and processes used,

consideration of lessons learned from these, and
explicit reference to specific measures taken to
prevent such accidents.
(d) Description of technical parameters and
equipment used for the safety of installations.
5. Measures of protection and intervention to limit 5. Measures of protection and intervention to limit Includes examples
the consequences of a major accident: the consequences of an Accident of typical protection
(a) description of the equipment installed in the plant (a) description of the equipment installed in the plant and mitigation
to limit the consequences of major accidents for to limit the consequences of major accidents; measures.
human health and environment, including for (b) organisation of alert and intervention; Changes considered
example detection/protection systems, technical to have no
(c) description of mobilisable resources, internal or
devices for limiting the size of accidental releases, material impact on
external, and
including: water spray; vapour screens; emergency distribution terminal
catch pots or collection vessels; shut-off- valves; (d) summary of elements described in a, b and c operators.
inerting systems, and fire water retention; above necessary for drawing up the internal
emergency plan prepared in compliance with
(b) organisation of alert and intervention;
Article 11.
(c) description of mobilisable resources, internal or
external, and
89
(d) description of any technical and non-technical
measures relevant for the reduction of the impact
of a major accident.
ANNEX E
COMPARISON OF SMS REQUIREMENTS BETWEEN ANNEX III OF SEVESO III AND SEVESO II

Seveso III SMS requirements Seveso II SMS requirements Comments

For the purpose of implementing the operator's SMS, For the purpose of implementing the operator's MAPP Changes considered
account shall be taken of the following elements: and SMS account shall be taken of the following to have no
(a) The SMS shall be proportionate to the hazards, elements. The requirements laid down in the document material impact on
industrial activities and complexity of the referred to in Article 7 should be proportionate to the distribution terminal
organisation in the establishment and be based MAHs presented by the establishment: operators.
on assessment of the risks; it should include (a) The MAPP should be established in writing and
the part of the general management system should include the operator's overall aims and
90
which includes the organisational structure, principles of action with respect to the control of
responsibilities, practices, procedures, processes MAHs.
and resources for determining and implementing (b) The SMS should include the part of the
the MAPP. general management system which includes
(b) The following issues shall be addressed by the the organisational structure, responsibilities,
SMS: practices, procedures, processes and resources for
determining and implementing the MAPP.
(c) The following issues shall be addressed by the
SMS:
(i) organisation and personnel – the roles and (i) organisation and personnel – the roles and Additional
responsibilities of personnel involved in the responsibilities of personnel involved in the requirement to

management of major hazards at all levels in the management of major hazards at all levels in detail measures
organisation, together with the measures taken the organisation. The identification of training taken to raise
to raise awareness of the need for continuous needs of such personnel and the provision of awareness for the
improvement. The identification of training the training so identified. The involvement of need for continuous
needs of such personnel and the provision of employees and of subcontracted personnel improvement.
the training so identified. The involvement of working in the establishment; See section 7 of
employees and of subcontracted personnel this publication.
working in the establishment which are important
from the point of view of safety;
Comparison of SMS requirements between Annex III of Seveso III and Seveso II (continued)

(ii) identification and evaluation of major hazards – (ii) identification and evaluation of major hazards – Additional
adoption and implementation of procedures for adoption and implementation of procedures for requirement
systematically identifying major hazards arising systematically identifying major hazards arising to consider
from normal and abnormal operation including from normal and abnormal operation and the subcontracted
subcontracted activities where applicable and the assessment of their likelihood and severity; activities when
assessment of their likelihood and severity; identifying and
evaluating major
hazards.
See section 7 of
this publication.
(iii) operational control – adoption and (iii) operational control – adoption and New requirement to
implementation of procedures and instructions implementation of procedures and instructions for take into account
for safe operation, including maintenance, safe operation, including maintenance, of plant, alarm management,
of plant, processes and equipment, and for processes, equipment and temporary stoppages; and information
91
alarm management and temporary stoppages; on best practices
taking into account available information on for such things as
best practices for monitoring and control, monitoring and
with a view to reducing the risk of system control, and ageing
failure; management and control of the risks plant.
associated with ageing equipment installed in See section 7 of
the establishment and corrosion; inventory of this publication.
the establishment's equipment, strategy and
methodology for monitoring and control of the
condition of the equipment; appropriate follow-
up actions and any necessary countermeasures;
(iv) management of change – adoption and (iv) management of change – adoption and No changes
implementation of procedures for planning implementation of procedures for planning
modifications to, or the design of new modifications to, or the design of new
installations, processes or storage facilities; installations, processes or storage facilities;
Comparison of SMS requirements between Annex III of Seveso III and Seveso II (continued)
(v) planning for emergencies – adoption and (v) planning for emergencies – adoption and No changes
implementation of procedures to identify implementation of procedures to identify
foreseeable emergencies by systematic analysis, foreseeable emergencies by systematic analysis,
to prepare, test and review emergency plans to to prepare, test and review emergency plans to
respond to such emergencies and to provide respond to such emergencies and to provide
specific training for the staff concerned. Such specific training for the staff concerned. Such
training shall be given to all personnel working training shall be given to all personnel working
in the establishment, including relevant in the establishment, including relevant
subcontracted personnel; subcontracted personnel;
(vi) monitoring performance – adoption and (vi) monitoring performance – adoption and New requirement
implementation of procedures for the ongoing implementation of procedures for the ongoing to include
assessment of compliance with the objectives assessment of compliance with the objectives performance
set by the operator's MAPP and SMS, and set by the operator's MAPP and SMS, and indicators
92
the mechanisms for investigation and taking the mechanisms for investigation and taking to monitor
corrective action in case of non-compliance. The corrective action in case of non-compliance. The performance.
procedures shall cover the operator's system procedures should cover the operator's system See section 7 of
for reporting major accidents or 'near misses', for reporting major accidents of near misses, this publication.
particularly those involving failure of protective particularly those involving failure of protective
measures, and their investigation and follow-up measures, and their investigation and follow-up
on the basis of lessons learnt. The procedures on the basis of lessons learnt, and
could also include performance indicators such as
safety performance indicators (SPIs) and/or other
relevant indicators, and
(vii) audit and review – adoption and implementation (vii) audit and review – adoption and implementation Also need to
of procedures for periodic systematic assessment of procedures for periodic systematic assessment consider and
of the MAPP and the effectiveness and of the MAPP and the effectiveness and incorporate changes
suitability of the SMS; the documented review suitability of the SMS; the documented review indicated by audit
of performance of the policy and SMS and its of performance of the policy and SMS and its and review.
updating by senior management, including updating by senior management. Changes considered
consideration and incorporation of necessary to have no
changes indicated by the audit and review. material impact on
distribution terminal
operators.
ANNEX F
COMPARISON OF EMERGENCY PLAN REQUIREMENTS BETWEEN ANNEX IV OF SEVESO III AND
SEVESO II

Seveso III emergency plan requirements Seveso II emergency plan requirements Comments
1. Internal emergency plans: 1. Internal emergency plans No changes
(a) Names or positions of persons authorised to (a) Names or positions of persons authorised to
set emergency procedures in motion and the set emergency procedures in motion and the
person in charge of and coordinating the on- person in charge of and coordinating the on-
site mitigatory action. site mitigatory action.
93
(b) Name or position of the person with (b) Name or position of the person with No changes
responsibility for liaising with the authority responsibility for liaising with the authority
responsible for the external emergency plan. responsible for the external emergency plan.
(c) For foreseeable conditions or events which (c) For foreseeable conditions or events which No changes
could be significant in bringing about a major could be significant in bringing about a major
accident, a description of the action which accident, a description of the action which
should be taken to control the conditions should be taken to control the conditions
or events and to limit their consequences, or events and to limit their consequences,
including a description of the safety equipment including a description of the safety equipment
and the resources available. and the resources available.
(d) Arrangements for limiting the risks to persons (d) Arrangements for limiting the risks to persons No changes
on site including how warnings are to be given on site including how warnings are to be given
and the actions persons are expected to take and the actions persons are expected to take
on receipt of a warning. on receipt of a warning.
Comparison of emergency plan requirements between Annex IV of Seveso III and Seveso II (continued)
(e) Arrangements for providing early warning (e) Arrangements for providing early warning No changes
of the incident to the authority responsible of the incident to the authority responsible
for setting the external emergency plan for setting the external emergency plan
in motion, the type of information which in motion, the type of information which
should be contained in an initial warning and should be contained in an initial warning and
the arrangements for the provision of more the arrangements for the provision of more
detailed information as it becomes available. detailed information as it becomes available.
(f) Where necessary, arrangements for training (f) Arrangements for training staff in the duties No changes
staff in the duties they will be expected to they will be expected to perform, and where
perform and, as appropriate, coordinating this necessary coordinating this with off-site
with off-site emergency services. emergency services.
(g) Arrangements for providing assistance with (g) Arrangements for providing assistance with No changes
off-site mitigatory action. off-site mitigatory action.
94
2. External emergency plans: 2. External emergency plans No changes
(a) Names or positions of persons authorised to (a) Names or positions of persons authorised to
set emergency procedures in motion and of set emergency procedures in motion and of
persons authorised to take charge of and persons authorised to take charge of and
coordinate off-site action. coordinate offsite action.
(b) Arrangements for receiving early warning of (b) Arrangements for receiving early warning of No changes
incidents and alert and call-out procedures. incidents and alert and callout procedures.
(c) Arrangements for coordinating resources (c) Arrangements for coordinating resources No changes
necessary to implement the external necessary to implement the external
emergency plan. emergency plan.
(d) Arrangements for providing assistance with (d) Arrangements for providing assistance with No changes
on-site mitigatory action. on-site mitigatory action.
Comparison of emergency plan requirements between Annex IV of Seveso III and Seveso II (continued)
(e) Arrangements for off-site mitigatory action, (e) Arrangements for off-site mitigatory action. Expands the requirement
including responses to major accident to include major accident
scenarios as set out in the safety report and scenarios and domino
considering possible domino effects, including effects.
those having an impact on the environment. Changes considered to
have no material impact
on distribution terminal
operators.
(f) Arrangements for providing the public and (f) Arrangements for providing the public with Expands the requirement
any neighbouring establishments or sites specific information relating to the accident to provide information
that fall outside the scope of this Directive and the behaviour which it should adopt. to include neighbouring
in accordance with Article 9 with specific establishments and sites
information relating to the accident and the that fall outside the scope
behaviour which should be adopted. of the Directive.
95
See section 9 of this
publication.
(g) Arrangements for the provision of information (g) Arrangements for the provision of information No changes
to the emergency services of other Member to the emergency services of other Member
States in the event of a major accident with States in the event of a major accident with
possible transboundary consequences. possible transboundary consequences.
ANNEX G
COMPARISON OF INFORMATION TO BE SUPPLIED TO THE PUBLIC BETWEEN ANNEX V OF
SEVESO III AND SEVESO II

Seveso III public information requirements Seveso II public information requirements Comments
PART 1 Covers both upper and
For all establishments covered by this Directive: lower-tier sites.
See section 12 of this
publication.
1. Name or trade name of the operator and the full 1. Name of operator and address of the Changes considered to
address of the establishment concerned. establishment. have no material impact
96
operators.
2. Identification, by position held, of the person No requirement to identify
giving the information. the person giving the
information.
2. Confirmation that the establishment is subject 3. Confirmation that the establishment is subject to Changes considered to
to the regulations and/or administrative the regulations and/or administrative provisions have no material impact
provisions implementing this Directive and that implementing this Directive and that the on distribution terminal
the notification referred to in Article 7(1) or the notification referred to in Article 6 (3), or the operators.
safety report referred to in Article 10(1) has been safety report referred to in Article 9 (1) has been
submitted to the competent authority. submitted to the competent authority.

3. An explanation in simple terms of the activity or 4. An explanation in simple terms of the activity or No changes
activities undertaken at the establishment. activities undertaken at the establishment.
Comparison of information to be supplied to the public between Annex V of Seveso III and Seveso II (continued)
4. The common names or, in the case of dangerous 5. The common names or, in the case of dangerous Changes considered to
substances covered by Part 1 of Annex I, the substances covered by Part 2 of Annex I, the have no material impact
generic names or the hazard classification of the generic names or the general danger classification on distribution terminal
relevant dangerous substances involved at the of the substances and preparations involved at operators.
establishment which could give rise to a major the establishment which could give rise to a major
accident, with an indication of their principal accident, with an indication of their principal
dangerous characteristics in simple terms. dangerous characteristics.
6. General information relating to the nature of the Covered in Annex V Part 2
major accident hazards, including their potential section1 within Seveso III
effects on the population and the environment.
5. General information about how the public 7. Adequate information on how the population Actions to be taken is
concerned will be warned, if necessary; adequate concerned will be warned and kept informed in covered in section 8 of
information about the appropriate behaviour in the the event of a major accident. Seveso II.
event of a major accident or indication of where
97
Changes considered to
that information can be accessed electronically. have no material impact
operators
6. The date of the last site visit in accordance New requirement to
with Article 20(4), or reference to where that provide date of last visit.
information can be accessed electronically; See section 12 of this
information on where more detailed information publication.
about the inspection and the related inspection
plan can be obtained upon request, subject to the
requirements of Article 22.
8. Adequate information on the actions the See Annex V Part 1

population concerned should take and on the section 5 of Seveso III.
behaviour they should adopt in the event of a
major accident.
9. Confirmation that the operator is required to make Covered in Annex V Part 2
adequate arrangements on site, in particular liaison section 2 within Seveso III
with the emergency services, to deal with major
accidents and to minimise their effects.
10. A reference to the external emergency plan Covered in Annex V Part 2
drawn up to cope with any offsite effects from an section 3 within Seveso III
accident. This should include advice to cooperate
with any instructions or requests from the
emergency services at the time of an accident.
7. Details of where further relevant information can 11. Details of where further relevant information Changes considered to
be obtained, subject to the requirements of Article can be obtained, subject to the requirements of have no material impact
22. confidentiality laid down in national legislation. on distribution terminal
operators
PART 2
98
For upper-tier establishments, in addition to the
information referred to in Part 1 of this Annex:
1. General information relating to the nature of the See Annex V section 6 of
major accident hazards, including their potential Seveso II.
effects on human health and the environment
and summary details of the main types of major
accident scenarios and the control measures to
address them.
2. Confirmation that the operator is required to make See Annex V section 9 of
adequate arrangements on site, in particular liaison Seveso II.
with the emergency services, to deal with major

accidents and to minimise their effects.
3. Appropriate information from the external See Annex V section 10 of
emergency plan drawn up to cope with any off- Seveso II.
site effects from an accident. This should include
advice to cooperate with any instructions or
requests from the emergency services at the time
of an accident.
4. Where applicable, indication whether the New requirement to
establishment is close to the territory of another consider transboundary
Member State with the possibility of a major effects.
accident with transboundary effects under the Changes considered to
Convention of the United Nations Economic have no material impact
Commission for Europe on the Transboundary on distribution terminal
Effects of Industrial Accidents. operators
99
ANNEX H
COMPARISON OF CRITERIA FOR NOTIFICATION OF A MAJOR ACCIDENT BETWEEN ANNEX VI OF
SEVESO III AND SEVESO II

Seveso III notification requirements Seveso II notification requirements Comments

I. Any major accident covered by paragraph 1 or I. Any accident covered by paragraph 1 or having Changes considered
having at least one of the consequences described at least one of the consequences described in to have no material
in paragraphs 2, 3, 4 and 5 must be notified to the paragraphs 2, 3, 4 and 5 must be notified to the impact on distribution
Commission. Commission. terminal operators
1. Dangerous substances involved 1. Substances involved Changes considered
Any fire or explosion or accidental discharge of a Any fire or explosion or accidental discharge of a to have no material
100
dangerous substance involving a quantity of at least dangerous substance involving, a quantity of at least
5 % of the qualifying quantity laid down in column 3 5 % of the qualifying quantity laid down in column 3 of terminal operators
of Part 1 or in column 3 of Part 2 of Annex I. Annex I.
2. Injury to persons and damage to real estate: 2. Injury to persons and damage to real estate Consequences no
(a) a death; An accident directly involving a dangerous substance longer have to directly
and giving rise to one of the following events: involve a dangerous
(b) six persons injured within the establishment and
substance.
hospitalised for at least 24 hours; (a) a death;
(c) one person outside the establishment Changes considered
(b) six persons injured within the establishment and
hospitalised for at least 24 hours; to have no material
hospitalised for at least 24 hours;
(d) dwelling(s) outside the establishment damaged (c) one person outside the establishment terminal operators
and unusable as a result of the accident; hospitalised for at least 24 hours;

(e) the evacuation or confinement of persons for (d) dwelling(s) outside the establishment damaged
more than two hours (persons × hours): the and unusable as a result of the accident;
value is at least 500, and (e) the evacuation or confinement of persons for
(f) the interruption of drinking water, electricity, more than two hours (persons × hours): the
gas or telephone services for more than 2 hours value is at least 500, and
(persons × hours): the value is at least 1 000. (f) the interruption of drinking water, electricity, gas
or telephone services for more than two hours
(persons × hours): the value is at least 1 000.
Comparison of criteria for notification of a major accident between Annex VI of Seveso III and Seveso II (continued)
Seveso III notification requirements Seveso II notification requirements Comments

3. Immediate damage to the environment: 3. Immediate damage to the environment Changes considered
(a) Permanent or long-term damage to terrestrial (a) permanent or long-term damage to terrestrial to have no material
habitats: habitats: impact on distribution
terminal operators
– 0,5 ha or more of a habitat of environmental (b) 0,5 ha or more of a habitat of environmental
or conservation importance protected by or conservation importance protected by
legislation, and legislation;
– 10 or more hectares of more widespread (c) 10 or more hectares of more widespread
habitat, including agricultural land. habitat, including agricultural land;
(b) Significant or long-term damage to freshwater (d) significant or long-term damage to freshwater
and marine habitats: and marine habitats;
– 10 km or more of river or canal; (e) 10 km or more of river or canal;
– 1 ha or more of a lake or pond; (f) 1 ha or more of a lake or pond;
– 2 ha or more of delta, and (g) 2 ha or more of delta;
101
– 2 ha or more of a coastline or open sea. (h) 2 ha or more of a coastline or open sea;
(c) Significant damage to an aquifer or (i) significant damage to an aquifer or
underground water: underground water, and
– 1 ha or more. (j) 1 ha or more.
4. Damage to property: 4. Damage to property Changes considered
(a) damage to property in the establishment: at – damage to property in the establishment: at to have no material
least EUR 2 000 000, and least ECU 2 million, and impact on distribution
terminal operators
(b) damage to property outside the establishment: – damage to property outside the establishment:
at least EUR 500 000. at least ECU 0,5 million.
5. Cross-border damage 5. Cross-border damage Changes considered

Any major accident directly involving a dangerous Any accident directly involving a dangerous substance to have no material
substance giving rise to effects outside the territory of giving rise to effects outside the territory of the impact on distribution
the Member State concerned. Member State concerned. terminal operators
II. Accidents or 'near misses' which Member States II. Accidents or 'near misses' which Member States No changes
regard as being of particular technical interest regard as being of particular technical interest
for preventing major accidents and limiting their for preventing major accidents and limiting their
consequences and which do not meet the quantitative consequences and which do not meet the quantitative
criteria above should be notified to the Commission. criteria above should be notified to the Commission.
ANNEX I
Acronyms
CA competent authority
CIMAH control of industrial major accident hazards
Regulation (EC) 1272/2008 on classification, labelling and packaging of
CLP
substances and mixtures
COMAH control of major accident hazards
EA Environment Agency
EI Energy Institute
EU European Union
GHS United Nations Globally Harmonised System for classification of chemicals
HFO heavy fuel oil
HSE Health and Safety Executive
LA Local Authority
MAH major accident hazards
MAPP major accident prevention policy
MATTE major accident to the environment
SEVESO II common name for EU directive 96/82/EC
SEVESO III common name for EU directive 2012/18/EU
SMS safety management system
STOT specific target organ toxicity
UK United Kingdom
102
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work carried out within the Technical Team of the
Energy Institute (EI), funded by the EI’s Technical
Partners and other stakeholders. The EI’s Technical
Work Programme provides industry with cost
effective, value adding knowledge on key current
and future issues affecting those operating in the
Energy Institute energy sector, both in the UK and beyond.
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Impact of the Seveso III directive on petroleum

distribution terminal operators

The EI is licensed by:

For further information, please visit http://www.energyinst.org

BG Group Saudi Aramco

Copyright © 2015 by the Energy Institute, London.

ISBN 978 0 85293 738 9

Published by the Energy Institute

2 Overview of duties under Seveso III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

3 Overall structure and contents of Seveso III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

4 Classification of dangerous substances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

6 Major accident prevention policy (MAPP) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

7 Safety management system (SMS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

13 Public consultation and participation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

18 Timetable for implementation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

Contents continued Page

Annex A Comparison of Articles between Seveso III and Seveso II . . . . . . . . . . . . 29

Annex B Comparison of Annex I categories between Seveso III and Seveso II . . . 77

Annex C New named substances within Seveso III . . . . . . . . . . . . . . . . . . . . . . . . . 85

Annex D  omparison of safety report requirements between Annex II

Annex E  omparison of safety management system requirements

Annex F Comparison of emergency plan requirements between

Annex G  omparison of information to be supplied to the public

Annex H  omparison of criteria for notification of a major accident

Annex I Acronyms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102

Tony Brown F.P.S

Following a number of significant incidents, in particular the release of 2,4,5-trichlorophenol

1.3 STRUCTURE OF THE ANALYSIS

2 OVERVIEW OF DUTIES UNDER SEVESO III

2.1 OPERATOR DUTIES

2.2 COMPETENT AUTHORITY (CA) DUTIES

2.3 LOCAL AUTHORITY (LA) DUTIES

2.4 LAND USE PLANNING DUTIES

3 OVERALL STRUCTURE AND CONTENTS OF SEVESO III

These areas are considered in more detail in sections 4 to 17.

4 CLASSIFICATION OF DANGEROUS SUBSTANCES

4.1 GENERAL CLASSIFICATION

Table 1: Summary of the changes to the categories of dangerous substances

Categories of dangerous substances Significant changes

4.2 FLAMMABLE LIQUIDS CLASSIFICATION

Seveso III uses the following categories:

Category 1 flammable liquid Flash point <23 oC Boiling point ≤35 oC

Extremely flammable liquids Flash point <0 oC Boiling point ≤35 oC

4.3 NAMED SUBSTANCES

Table 2: A comparison of the named substance 'petroleum products' within Seveso

Seveso III Seveso II

Table 2: A comparison of the named substance 'petroleum products' within Seveso

Seveso III Seveso II

4.4 AGGREGATION RULES

For upper-tier sites it is:

q1/QU1 + q2/QU2 + q3/QU3 + q4/QU4 + q5/QU5 + … is greater than or equal to 1

qx = the quantity of dangerous substance or category x, and

and for lower-tier sites it is:

q1/QL1 + q2/QL2 + q3/QL3 + q4/QL4 + q5/QL5 + … is greater than or equal to 1

qx = the quantity of dangerous substance or category x, and

6 MAJOR ACCIDENT PREVENTION POLICY (MAPP)

7 SAFETY MANAGEMENT SYSTEM (SMS)

13 PUBLIC CONSULTATION AND PARTICIPATION

18 TIMETABLE FOR IMPLEMENTATION OF SEVESO III AND

Contents continued Page

Annex D omparison of safety report requirements between Annex II

Annex E omparison of safety management system requirements

Annex F Comparison of emergency plan requirements between

Annex G omparison of information to be supplied to the public

Annex H omparison of criteria for notification of a major accident