A Annex Part A: Legal and policy guidance - UNECE€¦ · Romania Yes Yes Serbia Yes Yes Slovenia Yes Yes Sweden Yes Yes Switzerland Yes No UK Yes No ... (Law 32(III)/2004) The Safety

A Annex Part A: Legal and policy guidance

A.1 Survey responses by country

A survey was prepared for collecting information from national authorities and other interested stakeholders (such as civil society, academia, private sector or international organizations) on legislation, policies, measures and practices on land-use planning and safety with regard to siting of industrial hazardous activities, possible industrial accidents and their potential transboundary effects, as well as on related planning and decision-making procedures. This survey was sent on the 18th of December 2015 to the National focal points under the Industrial Accidents Convention and the Protocol on Strategic Environmental Assessment to the Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention) and other interested stakeholders, including Parties to the Espoo Convention.

A.1.1 Survey quest ions

A.1.1.1 Please indicate whether your country is

[square brackets indicate that the country did not respond, but its status of participation is known]

Country Answer

(a) a Party to the Industrial Accidents Convention

(b) a Party to the Protocol on SEA

Albania Yes Yes

Armenia Yes Yes

Austria Yes Yes

Belgium (Flemish)

Yes No

Belgium (Wallonia)

Yes Yes

Bulgaria Yes Yes

Cyprus Yes No

Czech Republic

Yes Yes

Denmark Yes Yes

Estonia Yes Yes

Germany Yes Yes

Finland Yes Yes

France [Yes] [No]

Israel No No

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ECE/MP.EIA/WG.2/2016/5/INF.11ECE/CP.TEIA/WG.1/2016/INF.2PART A - ANNEX

Country Answer

(a) a Party to the Industrial Accidents Convention

(b) a Party to the Protocol on SEA

Latvia [Yes] [No]

Lithuania Yes Yes

Republic of Moldova

Yes No

Portugal Yes Yes

Poland Yes Yes

Romania Yes Yes

Serbia Yes Yes

Slovenia Yes Yes

Sweden Yes Yes

Switzerland Yes No

UK Yes No

Netherlands Yes Yes

A.1.1.2 Please indicate the main legal act (or acts) regulating in your country the following points:

Option A

Country (a) obligations related to prevention and emergency preparedness regarding industrial accidents

Albania Draft law “On prevention of major-accident hazards involving dangerous substances” which transposes the directive 2012/18/EC (Sevesso III directive).

Law no.8756, dated 26.03.2001 “On civil emergencies”.

Austria Federal Industrial Code; Emergency preparedness acts of the 9 Provinces in Austria

Belgium (Wallone)

SEVESO Directive (transposition in “accord de cooperation” - 21 June 1999 [MB 12 Oct. 2000]

Cyprus The Helsinki Convention on the Transboundary Effects of Industrial Accidents Ratifying Law of 2004 (Law 32(III)/2004)

The Safety and Health at Work (Control of Major Accident Hazards Involving Dangerous Substances) Regulations of 2015

Czech Republic Act No. 224/2015 Coll., on the Prevention of Major Accidents

Denmark Statutory Order 2006-12-14 nr. 1666

Estonia Chemicals Act; Emergency Act

Germany Europe: Seveso-III Directive

Germany: Bundes-Immissionsschutzgesetz, Störfall-Verordnung

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Finland Act on the safety of handling dangerous chemicals and explosives (390/2005)

Rescue Act (379/2011)

Israel The main law is the "Ordinance of safety at the workplace" and its bylaws

Lithuania Law on Civil Protection; Resolution no 966 of the Government of the Republic of Lithuania of 17 August 2004 "On the Regulations on Prevention of, Response to and Investigation of Industrial Accidents and The List of Dangerous Substances and Mixtures, the Description of Established Qualifying Quantities and Criteria for Classifying Substances and Mixtures as Hazardous". The regulations on Prevention of, Response to and Investigation of Industrial Accidents is the main legal act laying down the procedure for preventing, responding to and investigating major industrial accidents, as well as of inspecting the safe use of hazardous establishments, protection of residents and environment in case of the accident, pubic consultation and provision of information to the public about hazardous establishments.

Republic of Moldova

Law # 271 of 09.11.1994 on Civil Protection, law # 93 of 05.04.2007 on the Service of Civil Protection and Emergency Response, Decree # 1340 of 04.12.2001 on the Emergency Response Commission of the Republic of Moldova,

Decree # 928 of 08.10.2010 on Approval of the Regulation on Procedures of Organisation and Enforcement of State Supervision in the Sphere of Civil Protection,

Decree # 282 of 14.03.2005 on Approval of the Regulation on Training in the Sphere of Civil Protection

Portugal Decree-Law 150/2015 of 5August, that brings into force Directive 2012/18/UE (Seveso III). In what regards the application of the TEIA Convention, there are no hazardous activities identified in Portugal, capable of causing transboundary effects.

Poland Act of 27 April 2001 on Environmental Protection Law (O.J. 2013 No. 1232 with amendments), Act of 20 July 1991 on Inspection for Environmental Protection (O.J. 2013, item 686 with amendments), Act of 13 April 2007 on prevention of damages to the environment and its repair (O.J. 2014, item 1789 with amendments), Act of 27 March 2003 on Spatial Planning and Management (O.J. 2015, item. 199 with amendments), Act of 26 April 2007 on crisis management (O.J. 2014, item 1166 with amendments), Act of 24 August 1991 on the State Fire Service (O.J. 2013, item 1340 with amendments), Regulation of the Minister of Economy, Labour & Social Policy of 17 July 2003 on rescue and emergency plans /on-site and off-site/ (O.J. 2003 No. 131, item 1219 with amendments), Regulation of the Minister of the Interior and Administration of 18 February 2011 on the detailed rules for the organization of the National Rescue and Firefighting System (O.J. 2011 No. 46, item 239). Regulation of Minister of Economy, Labour & Social Policy of 29 May 2003 on the

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requirements for safety reports (O.J. 2003 No. 104, item 970 with amendments), Regulation of the Minister of the Economy of 29 January 2016 on types and quantities of dangerous substances and criteria for identification of establishment for the upper and lower tiers (O.J. 2016, item ) Regulation of the Minister of the Interior and Administration of 2 December 2015 laying down the detailed scope of information required to be provided to the public by the relevant authorities of the State Fire Service (O.J. 2015, item 2145).

Romania Note: All the information regarding inclusion of industrial accidents safety considerations into decision-making regarding land use are requested and the notifications are transmitted under environmental impact assessment procedure and not under the environmental assessment procedures.

Taking into consideration this aspect for all the questions regarding the implementation of Helsinki Convention, the answers will be referred to provisions of EIA not to provisions of SEA.

In conclusion, the questionnaire will not contain the answers regarding the link between Helsinki Convention and SEA Protocol.

Obligations referred to in Seveso Directive - Governmental Decision no. 804/2007 on the control of major - accident hazards involving dangerous substances;

The authorities responsible with the land use planning were informed regarding the establishments which are under the scope of the directive and about their legal obligations. The competent and planning authorities participate in the Commissions organized by the Local Halls and County Councils as well as in the Technical Committee for Analysis where the land use plans are analysed and approved. During the environmental permitting procedure at regional and local level and especially in the Technical Committee for Analysis where all the authorities participate they express their opinion and take decisions in order to maintain appropriate distances between establishments covered by the Directive and residential areas, buildings and areas of public use, decision making process is based on the risk analyses and on the emergency planning zones/map of consequences.

Law 350/2001 regarding the land use planning amended and completed by Law no 221/2011 establishes the national strategy, policies of sustainable development in spatial profile, approves the land use planning and settles the conditions for the constructions positioning.

Law 50/1991 republished, amended and updated by Law 269/2011, regarding the authorization for the execution of constructions establish the conditions for the authorization for constructions related with position, design, execution and functioning of constructions including installations.

Serbia Law on Environmental Protection

Law on Emergencies

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Slovenia Environmental Protection Act (Official Journal of the RS, No 41/04, 17/2006, 20/2006, 70/08, 108/09, 48/12, 57/12, 92/13, 56/15, 102/15) Protection Against Natural and Other Disasters Act (Official Journal of the RS, No 51/06) Decree on the prevention of major accidents and mitigation of their consequences (Uradni list RS, No. 71/2008, 105/10 and 36/14) with Guidelines for drawing up safety reports and Guidelines for drawing up MAPP and demonstrating its implementation Decree on the content and preparation of emergency plans (Official Journal of the RS, No 24/12)

Sweden • Act on Measures to prevent and limit the consequences of major chemical accidents and accompanying governmental ordinances and authority regulations (Seveso) • The Civil Protection Act and accompanying governmental ordinances and authority regulations

Switzerland Swiss law on the protection of the environment (LPE) + Swiss Major Accident Ordinance (MAO) + related cantonal laws and ordinances.

UK Control of Major Accident Hazard (COMAH) Regulations 2015 The Control of Major Accident Hazards Regulations (Northern Ireland) 2015 Civil Contingencies Act 2004 supplements the specific provisions in the Regulations concerning emergency preparedness.

Netherlands Law on Regio Safety

Option B

Country Answer

(b) obligations related to siting and significant modifications of hazardous activities

Albania Law No. 107/2014 On Territorial Planning And Development

Armenia 1) Powers of local authorities 2) Enforcement of EIA provisions on the need to have positive conclusions of experts and all stakeholders 3) Technical appraisal conclusions

Austria Industrial Code and the land use planning acts of the 9 Provinces of Austria

Belgium (Flemish)

National level: Agreement of Cooperation between federal and regional authorities on the control of major accidents involving dangerous substances (transposition of Seveso Directive). Flemish Region: Building permit is in new cases mostly required. As for the siting it depends on what is

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Country Answer


possible according to the zoning in the land use plan (=spatial plan). The Flemish Decree of General Regulations of Environment describes the safety report for industrial activities as well the safety report for siting as the spatial safety report. The Flemish Decree of Permits describes the obligation to set up a safety report for siting and modifications of hazardous activities.

Belgium (Wallonia)

SEVESO Directive (transposition in “accord de cooperation” -])

Cyprus The Safety and Health at Work (The Control of Major Accidents Hazards Related to Dangerous Substances) Regulations of 2015 (P.I. 347/2015) The Control of Major Accidents Hazards Related to Dangerous Substances Regulations of 2001 [P.I. 507/2001] The Control of Major Accidents Hazards Related to Dangerous Substances Notification of 2002 [P.I. 211/2002] The Control of Major Accidents Hazards Related to Dangerous Substances (Amendment) Regulations of 2006 [P.I. 49/2006] The Town and Country Planning (Accidents Involving Dangerous Substances ) Regulations of 2003 [P.I 759/2003] The Town and Country Planning (Accidents Involving Dangerous Substances ) (Amendment) Regulations of 2008 [P.I 399/2008]

Czech Republic

Act No. 100/2001 Coll., on the Environmental Impact Assessment Act No. 183/2006 Coll., on Spatial Planning and Building Code


Estonia Chemicals Act; Emergency Act

Germany Europe: Seveso-III-Directive Germany: Bundes-Immissionsschutzgesetz, Baugesetzbuch

Finland Act on the safety of handling dangerous chemicals and explosives (390/2005)

Israel The main law is the "The low of Hazardous substances"

Lithuania Law On Territorial Planning (Art.15 Obligatory demands for the use of territory, defined in the municipal and local level comprehensive plans, part 1, point 7- territories designated for objects, location of which depends on impact of their activity on environment and public health); Resolution no 343 of the Government of the Republic of Lithuania of 12 May, 1992 "On Special land and forest use conditions approval"

Moldova Law # 116 of 18.05.2012 on Industrial Safety of Hazardous Industrial Sites

Portugal Decree-Law 150/2015 of 5August

Poland Act of 27 March 2003 on Spatial Planning and Management (O.J. 2015, item. 199 with amendments), Act of 27 April 2001 on Environmental Protection Law, Act of 3 October 2008 on the provision of information on the environment and its protection, public participation in environmental protection and environmental impact assessments (O.J. 2013, item 1235, with amendments, hereinafter referred to as the EIA Act ),

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Country Answer


Serbia Law on Environmental Protection The Law on Environmental Impact Assessment („Official Gazette of the Republic of Serbia“, No. 135/04, 36/09) In 2005, the following areas have been regulated through by-laws („Official Gazette of the Republic of Serbia“, No. 69/05): 1) public insight, presentation and public discussion about the study 2) the work of the expert commission in assessment of the study 3) the content of application for determining screen and on the content of application for determining scope of the EIA study 4) the content of the EIA study and on the content of appearance 5) manner of keeping the public regarding the act decisions about the EIA In 2008, have been adopted the Decree for List I – list of projects for which an impact assessment is mandatory and List I- list of projects for which an impact assessment may be required („Official Gazette of the Republic of Serbia“, No. 114/08). Lists are in accordance with Annex I of the Directive of the Council 337/85 and the Directive of the Council 97/11. In 2007, the Republic of Serbia has ratified the ESPOO CONVENTION („Official Gazette of the Republic of Serbia“, No. 102 /07). In 2010, has been published Manual on minimal requirements of the environmental protection (this manual defines minimal environmental protection requirements for the facilities that are excluded from the process of environmental impact assessment by the authorities). Law on Fire Protection, Law on Planning and Construction

Slovenia Decree on criteria to determine minimum distance between an establishment and locations, frequented by the public, and infrastructure (Official Journal of RS, No 34/2008)… Minimum Distance Decree

Sweden • The Environmental Code and accompanying governmental ordinances • The Planning and Building Act

Switzerland Swiss law on the protection of the environment (LPE) + Swiss Major Accident Ordinance (MAO) + related cantonal laws and ordinances.

UK The UK’s provisions regarding the location of new major hazard sites and developments around existing major hazard sites are covered by land use planning legislation. This is a devolved matter, so there are separate regulations for England, Scotland, Wales and Northern Ireland. Planning (Hazardous substances) Act 1990 Planning (Hazardous substances) (Scotland) Act 1997 Planning (Hazardous Substances) Regulations 2015 The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015 The Planning (Hazardous Substances) (Wales) Regulations 2015 The Planning (Hazardous Substances) (No. 2) Regulations (Northern Ireland) 2015

Netherlands Law General Environmental Provisions and Decision on External Safety and Decision risks of major accidents in 2015

Option C

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Country Answer

Albania Law No. 107/2014 On Territorial Planning And Development

Armenia • The Land Code of the Republic of Armenia (RA), • RA Government Decree # 286 of 12.04.2001 on Procedures of Alienation, Provision on Rights to Use and Construction on Lands in State and Municipal Property, • RA Government Decree # 1918 of 29.12.2011 on Procedures of Development of Temporary Land Use Schemes, • RA Government Decree # 1920 of 29.12.2011 on Procedures of Development, Appraisal, Coordination, Approval and Amending Master Layout Plans of Human Settlements in RA

Austria 9 land use planning acts of the 9 Provinces of Austria

Belgium (Flemish)

Flemish Region: In the Flemish Region industrial zonings can be part of a Regional, Provincial of Municipal land-use plan. For each land-use plan which contains in industrial zoning an advice is required from the competent authority in the Flemish Region in order to ascertain whether or not external risks are at stake and if it is possible to allow such hazardous installations in the industrial zoning.

Belgium (Wallonia)

SEVESO Directive (transposition in “accord de cooperation” ])

Bulgaria Territorial Development Act

Cyprus The Town and Country Planning Law N90/72 and The Streets and Buildings Regulation Law

Czech Republic

Act No. 183/2006 Coll., on Spatial Planning and Building Code

Denmark Statutory Order 2006-12-14 nr. 1666 and Memorandum no. 37 of 20-04-2006

Please note that chapter 2 in the statutory order no. 1666 of 14-12-2006 and memorandum no. 37 of 20-04-2006 will be replaced by a new statutory order which will also implement the Seveso III directive of 04-07-2012.

Planning Act 2015-11-23 no. 1529

Estonia Planning Act; Chemical Act

Germany Germany: Bundes-Immissionsschutzgesetz, Baugesetzbuch

Finland Land Use and Building Act (132/1999)

Israel The main law is the "The codex of planning and building"

Lithuania Law on Environmental Impact Assessment of the Proposed Economic Activity of the Republic of Lithuania (Law on EIA) and Resolution no 1467 of the government of the Republic Lithuania of 23 December 2014 on amending Resolution no 967 of the Government of the Republic of Lithuania of 18 August 2004 "On approval of the Order of strategic assessment of the effects of plans and programmes on the environment" Law on Territorial Planning

Moldova Code # 828 of 25.12.1991 - the Land Code Law # 835 of 17.05.1996 on Fundamentals of Urban Development and Land Use Planning

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Country Answer

Portugal Law 31/2014 of 30 May Decree-Law 80/2015 of 14 May National land use plan, Regional land use plans, Special plans, Municipal land use plans, Detail and urban plans

Poland Act of 27 March 2003 on Spatial Planning and Management (O.J. 2015, item. 199 with amendments), the EIA Act

Romania Romania has ratified the SEA Protocol by Law no.349/2009, published in Of. J. of Romania no. 787/2009. In order to fully transpose the SEA Directives, the Romanian environmental authorities have issued the GD no.1076 of 8.07.2004 for setting up the environmental assessment procedure of certain plans and programmes (Of.J.no.707 of 5.08.2004). The present GD transposes in the national legislation the provisions of 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.

Serbia Law on Planning and Construction, Law on Environmental Protection Law on Strategic Environmental Impact Assessment

Slovenia Spatial Planning Act (Official Journal of RS, No 33/07, 70/08, 108/09, 80/10, 43/10, 57/12, 57/12, (109/12) in 76/14 ) Siting of Spatial Arrangements of National Importance Act (Official Journal of RS, No 80/10, 106/10, 57/12

Sweden • The Environmental Code and accompanying governmental ordinances • The Planning and Building Act

Switzerland LAT/OAT (loi/ordonnance sur l’aménagement du territoire – Law/ordinance on Land Use Planning) + related cantonal laws and ordinances. Guidance for planning authorities.

UK Planning Act 2008 Planning (Wales) Act 2015 Planning Act (Northern Ireland) 2011 Town and Country Planning Act 1990 Town and Country Planning (Scotland) Act 1997. The Acts are supplemented by various secondary legislations.

Netherlands Land Use Planning Act and Decision on External Safety

Option D

Country Answer

(d) legal framework for environmental assessment and/or other form of environmental control of development processes related to land-use plans and siting of hazardous activities.

Albania Law no. 91/2013 “On Strategic Environmental Assessment”;

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Country Answer


Decision of Council of Ministers no. 219, dated 11.03.2015 "On establishing the rules and procedures for consultation with stakeholders and the public, and public hearing during the process of strategic environmental assessment"; Decision of Council of Ministers no. 620, dated 07.07.2015 "On approval of rules, responsibilities and procedures detailed strategic environmental assessment in a transboundary context";

Armenia 1) RA Law on Environmental Impact Assessment and Appraisal (21.06.2014) and regulations approved by the RA Government

Austria Except for the EIA-Act all environmental issues are regulated in several acts according to different sectors; a single legal framework for environmental issues does not exist in Austria. The main competences for land use planning lies with the 9 Provinces (Länder) of Austria due to the Austrian Constitution.Information regarding the implementation of the SEA Protocol in Austria can be found in the Implementation Report of the SEA Protocol.

Belgium (Flemish)

Flemish Region: Decree of the Government of the Region of Flanders of 10 December 2004 on EIA (transposition of Annex I and II of EIA Directive 2014/52/EU). Act of the parliament of the Region of Flanders of 18th December 2002 on SEA and EIA (as amended) Flemish SEA Decree: Decree of the Government of the Region of Flanders of 12 October 2007 concerning environmental impact assessments on plans and programmes.

Belgium (Wallonia)

SEVESO Directive (transposition in “accord de cooperation” + Environmental permit)

Bulgaria Chapter 6 of Environmental Protection Act (State Gazette No 57/2004, last amendment State Gazete No 62/2015) Regulation on the conditions and procedures for environmental assessment for plans and programmes (State Gazette No 91/2002, last amendment State Gazete No 94/2012)

Cyprus Law on the Assessment of Impact on the Environment from Certain Plans and/or Programmes (No.102(I)/2005) Law on the Assessment of Impacts on the Environmental of certain Projects, of 2005 to 2014

Czech Republic

Act No. 100/2001 Coll., on the Environmental Impact Assessment

Denmark Statutory Order 2006-12-14 nr. 1666 Act of environmental assessment of plans and programs 2015-12-10 nr. 1533 Statutory Order no 1832 af 16/12/2015

Estonia Environmental Impact Assessment and Environmental Management System Act; Planning Act

Germany Germany: Bundes-Immissionsschutzgesetz, Baugesetzbuch, Guidance KAS-18: Recommendations for separation distances between establishments covered by the Major Accidents Ordinance (Störfall-Verordnung) and areas worthy of

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Country Answer


protection within the framework of land-use planning - implementation of Article 50 of the Federal Immission Control Act (Bundes-Immissionsschutzgesetz, BImSchG http://www.kas-bmu.de/publikationen/kas_gb/KAS-18k_en.pdf http://www.kas-bmu.de/publikationen/kas/KAS_18.pdf http://www.kas-bmu.de/publikationen/kas/KAS_18_ErsteKorrektur.pdf http://www.kas-bmu.de/publikationen/kas/KAS_18_ZweiteKorrektur.pdf http://www.kas-bmu.de/publikationen/kas/KAS_32_2.pdf The guidance holds only for substances dangerous for human health

Finland Act on Environmental Impact Assessment Procedure (468/1994) Land Use and Building Act (132/1999)

Israel Before the local authority is granting the building license, an "Environmental survey" is required. The regional branch of the Environmental Protection Ministry is the authorized entity to decide whether the survey is needed or that the building project will be exempt from the requirement

Lithuania 1) Local municipality, the Government of the Republic of Lithuania. Decision level depends on the location of the planned territory and on status of the planning document. 2) Local municipality, the Government of the Republic of Lithuania, institution, empowered by the Government of the Republic of Lithuania.

Moldova Law # 1515-XII of June 16, 1993 on Environmental Protection, Law # 86 of 29.05.2014 on Environmental Impact Assessment regulates procedures of environmental impact assessments related to hazardous activities. The Law incorporates requirements of the Espoo Convention and Directive 2011/92/ЕС on Environmental Impact Assessment of Certain Public and Private Projects Law # 851-XIII of May 29, 1996 on Environmental Appraisal sets requirements to conduct environmental appraisals of plans and programs, including plans and programs in the sphere of land use. However, these requirements do not meet relevant requirements of the SEO Protocol. No legislation on SEO matters is in place.

Portugal Decree-Law 151-B/2013 of 31st October Decree-Law 232/2007 of 15 June

Poland Act of 27 April 2001 on Environmental Protection Law , Act of 27 March 2003 on Spatial Planning and Management (O.J. 2015, item. 199 with amendments), the EIA Act

Serbia Law on Planning and Construction, Law on Environmental Protection Law on Strategic Environmental Impact Assessment

Slovenia Decree laying down the content of environmental report and on detailed procedure for the assessment of the effects on certain plans and programmes on the environment (Official Journal of RS, No 73/2005) … SEA Decree Decree on environmental encroachments that require environmental impact assessments

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Country Answer


(Official Journal of the RS, No 51/14 and 57/15) …. EIA Decree

Sweden • The Environmental Code and accompanying governmental ordinances

Switzerland Basic principles Switzerland’s policy for the prevention of, preparedness for and response to industrial accidents is based on the polluter-pays principle, the application of which is controlled by enforcement authorities at national and regional levels. This policy is stated in Article 10 of the Federal Law on the Protection of the Environment (LPE) “Disaster Prevention” that thus provides – together with the Swiss Major Accidents Ordinance (MAO) based on it – the core of the legal framework for the implementation of the Convention on the Transboundary Effects of Industrial Accidents. This framework requires from those who operate or want to operate an installation, which could in case of an extraordinary event seriously damage the population or the environment, to take the necessary safety measures to protect the population and the environment. Measures to be taken relate to the physical structure, the technical equipment as well as to the organisational aspects. The latter are gaining in importance (safety management systems) and are beginning to get more attention, also in FOEN’s guidance documents. In principle, existing and new installations are subjected to the same obligation of safe operation. They have – within a well defined procedure in two steps – to demonstrate to the competent authorities (these are most of the time at cantonal level, for some installations at national level) that their installation is complying with MAO’s requisites, that is that they have taken all necessary safety measures (including prevention and preparedness) and that the risk arising from the installation is acceptable. Societal risk criteria have been made available by the FOEN so that the authorities can judge whether the risk is acceptable. If this is not the case, the authorities order the operator to take additional safety measures to reduce the risk or – if no such measures are available – they have to impose operating restrictions. Inspections by the enforcement authorities are an important instrument of the control of the application of the MAO. They are now being further developed.

UK Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 Town and Country Planning (Environmental Impact Assessment) Regulations 2011 Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2015

Netherlands Environmental Protection Act , Land Use Planning Act and Environmental Assessment Decision

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A.1.1.3 . Please indicate the competent authority/authorities or institution(s) in your country:

Option A

Country Answer

(a) responsible for decision making regarding land use

• regarding land-use plans

• regarding siting

Albania Land Administration Sector, Directory of Politics on Territorial Development

Ministry of Urban Development

National Territorial Council

Armenia • The RA Ministry of Territorial Administration and Emergency Response • Local authorities • The RA Ministry of Urban Development • The RA Ministry of Agriculture • The RA Nature Protection Ministry • The RA State Committee of the Real Estate Cadastre under the RA Government

Austria The governments of the 9 Provinces in Austria and also the towns and municipalities are the competent authorities for land use planning and siting Only in some sectors as mining and hazardous waste the competent authority for land use planning is with the federal level

Belgium (Flemish)

Flemish Region: Regarding land use plans: as stated above it is either the Region, the Province or the Municipality.

Belgium (Wallone)

• Regional authorities – Walloon region • Regional authorities – Walloon region

Bulgaria The competent authorities for SEA procedures regarding land use plans are Minister of Environment and Water /MoEW/(for plans adopted by central/national authorities and Directors of Regional Inspectorates of Environment and Water /RIEW/– for plans adopted at local level) Competent authorities for decision making regarding land use plans are Minister of Regional Development and Public Works, Municipal Councils, Regional Governors – according to the provisions of Territorial Development Act

Cyprus A. Department of Labour Inspection The Department of Labour Inspection is a Department of the Ministry of Labour and Social

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Country Answer




Insurance. The basic aim of the Department of Labour Inspection is the safeguarding of adequate levels of safety and health at work, the protection of the public and the environment against risks arising from activities at work, from major accidents, from chemical substances, and from the use of ionizing radiation, and the preservation of the quality of the parts of the atmosphere of Cyprus where it is good and its improvement in those parts where it is needed.The fulfillment of the aforementioned aims is accomplished by means of a suitable legislative framework, the implementation of an effective inspection system, the continuous raising of awareness of the public, the training and education of the Department’s personnel, and the co-operation with the social partners and other stakeholders. B. Town Planning and Housing Department Subject to the provisions of the Town and Country Planning Law the Minister of the Interior is the Planning Authority and may delegate to any person, body or authority, the power to exercise any of his/hers planning responsibilities which relate to the preparation of Development Plans, the development control and the enforcement on unauthorized developments. According to the Town and Country Planning law, the Minister of Interior is responsible for the preparation, review and amendment of Development Plans. The Minister is responsible for the preparation of the Statement of Policy for the Countryside (excluded from the boundaries of the Local Plans in power), whereas the duty of preparing Local Plans and Area Schemes has been delegated to the Planning Board (an independent body with advisory power in large areas of planning policy). Any Plan prepared under the above delegated powers is required to be submitted to the Minister for approval and finally submitted to the Council of Ministers for the final stage approval and notification followed by an objection submission period. The Director of the Town Planning and Housing Department (TPHD), the five (5) Divisional Officers of the Town Planning and Housing Department of the Ministry of the Interior, the four (4) main Municipal Councils of Nicosia, Limassol, Larnaca and Paphos constitute 10 Planning Authorities authorized by the Minister to exercise his/hers respective responsibilities for development control and enforcement on unauthorized developments. In addition to the above, in the case of industrial areas the development framework (that is the "Specific Development Order concerning Industrial areas") prescribes that the planning permit is regarded as granted, in which case the Competent Authorities are the Building Authorities. Therefore the ten (10) Municipal Councils, the five (5) District Officers of Nicosia, Limassol. Larnaca, Paphos and Famagusta and one (1) Local Authority constitute the sixteen (16) Competent Authorities responsible (according to the Streets and Buildings Law and Regulations). The Department of Labour Inspection comprises five Sections, the Safety and Health at Work Policy Section, the Industrial Pollution Control Policy Section, the Field Operations Section, the Quality of Air Section, and the Radiation Protection, Nuclear Safety and Radioactive

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Country Answer




Waste Management Section. The headquarters of the Department are situated in Nicosia whereas there are District Offices in Nicosia, Limassol, Larnaca (serving also the Famagusta District) and Paphos.

Czech Republic

Land-use plans: Ministry of Regional Development, Regions, Municipalities Siting: Building authorities

Denmark • Danish Business Authority • Danish EPA or Local Competent Authority

Estonia Government of the Republic (national spatial plan, national designated spatial plan); County governor (county-wide spatial plan); Local council (comprehensive plan, local government designated spatial plan) Administration of the city or rural municipality; local council (detailed spatial plan)

Germany Germany: Land-use-plans: councils Siting: German lander or local authorities

Finland local authority regional council

Israel The Government is issuing a "General allocation plan" [that sets up the intended use of specific areas – such as lend for residential buildings, for recreation or for industrial parks]. Under those constrains the local governess [Mayors and Heads of "regional councils" (usually rural areas)] are giving the authorization

Lithuania The Regulations on Prevention of, Response to and Investigation of Industrial Accidents determines the Fire and Rescue Department under the Ministry of Interior (the FRD) as a competent authority responsible for implementing obligations related to prevention and emergency preparedness regarding industrial accidents and potential transboundary effects. The Regulations on Prevention of, Response to and Investigation of Industrial Accidents also provides for the cooperation between different supervising institutions (the FRD and its subordinate services, The State Environmental Protection Service, the State Labour Inspectorate, the State Energy Inspectorate, Municipal Administrations, the State Railway Inspectorate, the Public Health Centres, the Lithuanian Maritime Safety Administration and Civil Aviation Administration) in the field of industrial accidents prevention

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Country Answer




Moldova The Ministry of Regional Development and Construction. The following authorities are responsible for development and approval of land use documentation: a) The Government is responsible for land use plans at the national level; b) The Government or relevant local public authorities are responsible for regional land-use plans; с) Local authorities are responsible for local land-use plans;

Portugal Municipalities Regional Coordination and Development Commissions Portuguese Environment Agency State Secretary of Environment

Poland Self-government authorities (in consultation with the Voivodship Inspector for Environmental Protection (VIEP) and a competent authority of the State Fire Service (SFS), as regards siting Seveso establishments and their significant modifications, as well as sitting new investments in the vicinity of these establishments).

Serbia Ministry of Construction, Transport and Infrastructure Ministry of Agriculture and Environmental Protection Ministry of Interior

Slovenia Local authorities are responsible for decision making regarding local land-use plans and regarding the siting of spatial arrangements of local importance. The government is responsible for decision making regarding national land-use plans and siting of spatial arrangements of national importance

Sweden Local authorities (municipalities) are responsible for land-use planning (LUP), i.e. comprehensive land-use plans and detailed development plans. The County Administrative Board or some of the five (5) Land and environmental courts (it depends on how the establishment is classified according to The Environmental Code) are responsible for environmental permits regarding siting.

Switzerland Switzerland’s policy recognises the importance of the choice of an adequate siting policy for hazardous installations. Therefore, it requires through Article 9 LPE “Environmental Impact

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Assessment” and the Swiss Ordinance on Environmental Impact Assessment (OEIA), that the competent authorities, before deciding on the planning, construction or modification of an installation capable of appreciably affecting the population or the environment, assess – taking into account the views and concerns of the population capable of being affected – whether the environmental impact of this installation is acceptable. The aspect of major accidents has of course to be included in this assessment, as it also has to be in the planning policies of the Cantons and the municipalities: the Federal Law on Land Use Planning (LLUP) requires the Cantons to show in their master plans how they co-ordinate the activities having a spatial impact in order to achieve the desired development. It has now become part of Switzerland’s policy to improve the coordination between prevention of major accidents and land use planning in the vicinity of hazardous installations, mainly through guidance for planning authorities.

UK Department of Communities and Local Government (DCLG), Scottish Government (SG), Welsh Government and local government authorities (for example Local Planning Authorities and Hazardous Substances Authorities) as defined in the relevant legislation, following consultation with Health and Safety Executive (HSE), Environment Agency (EA), Natural Resources Wales (NRW), Scottish Environment Protection Agency (SEPA), Health and Safety Executive Northern Ireland (HSE(NI)), Northern Ireland Department of the Environment (NIDOE)

Netherlands Regarding land-use plans: The municipalities are primarily responsible for spatial planning, but in special cases, the provinces are authorized to establish spatial plans. For example, the state is authorized to adopt spatial plans for major energy projects.

Regarding siting: The provinces from 2016, are the competent authority for the environmental permits of Seveso companies . Until 2016 municipal and provincial authority were authorised. This amendment seeks to combine the necessary government expertise and thereby improve its performance.

Option B

Country Answer

(b) responsible for implementing obligations related to prevention and emergency preparedness regarding industrial accidents and potential transboundary effects

Albania All the responsibilities are defined in the draft law “On prevention of major-accident hazards involving dangerous substances”.

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For transboundary effects and consultations with the affected Parties is the Ministry of Environment of Albania and the National Focal point for the ESPOO convention and its SEA protocol

Armenia • RA Government Decree # 286 of 12.04.2001 on Procedures of Alienation, Provision on Rights to Use and Construction on Lands in State and Municipal Property, • The RA Land Code, • RA Law on Environmental Impact Assessment and Appraisal (21.06.2014) • RA Government Decree # 1918 of 29.12.2011 on Procedures of Development of Temporary Land Use Schemes, • RA Government Decree # 1920 of 29.12.2011 on Procedures of Development, Appraisal, Coordination, Approval and Amending Master Layout Plans of Human Settlements in RA

Austria Beside the focal point and coordination and external contacts for transboundary effects of industrial accidents in the Federal Ministry of the Interior (Bundeswarnzentrale) the competent authority is mainly on the level of the 9 Provinces for the emergency preparedness and planning.

Belgium (Wallonia)

Regional (Walloon, Brussel, Flemish regions) and federal authorities.

Bulgaria MoEW, Minister of Regional Development and Public Works, Minister of Health

Cyprus C. Civil Defence The Civil Defence draws up the external emergency plans for the Seveso sites. Also, the Civil Defence reviews, tests and if necessary revises and updates the external emergency plans at suitable intervals.

Czech Republic

Ministry of the Environment Ministry of Interior Regional Authorities Building Offices

Denmark • Danish Emergency Management

Estonia Estonian Rescue Board – Crisis Management Department and regional/local rescue centres

Germany Germany: German lander or local authorities

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Finland rescue service authorities Finnish Safety and Chemicals Agency (Tukes)

Israel On top of the above mention laws, as part of the "Operation License " each plant is given instruction as to what is expected from is in order to prevent environmental mishaps and [such as spills or fires]. The plant is expected to install all the necessary equipment, such as sprinkles or secondary confinements for hazardous chemicals and do have a yearly training drill for the workers. Regarding safety and injuries – the plant is obligated to prepare a Safety Plan and to have a first aid kit and a defibrillator on site. In the yearly drills operating them is practiced too. The regional fire Marshall is surveying the plant yearly. An Inspector from the Labor division of the Economy Office is required to visit the site oat list ones every three years

Lithuania If the requirement of EIA are applied to the proposed hazardous activity or its modification , EIA is carried out according to the Law on EIA. Environmental Protection Agency (EPA) is the competent authority in the EIA process which is responsible for coordination of the process of EIA, making screening, consideration and approval of the scoping document, examination of the EIA report, examination and consideration of conclusions of the relevant institutions and examination of proposals of the public. EPA adopts decision whether the proposed economic activity may, or may not, be permitted in the selected location in light of provisions of relevant laws and other legal acts, the nature of the activity and/or its effect on environment. While performing EIA procedure the state institutions responsible for health protection, fire protection (the FRD or its subordinate services), protection of cultural assets as well as municipal institutions are consulted regarding scoping documents, EIA reports and feasibility of the proposed hazardous activity. Such consultation with the previously named institutions is a statutory requirement.

Moldova The Emergency Response Commission of the Republic of Moldova operates pursuant to Decree # 1340 of 04.12.2001 In the case of imminent threats of emergencies or mitigation of their consequences, operations the Commission are guided by the Centre for Emergency Regulation established under the Service of Civil Protection and Emergency Response of the Ministry of Interior. On requests of the Service of Civil Protection and Emergency Response, sectoral central public authorities, other central administrative bodies and organisations shall second their representatives to the Emergency Management Centre for cooperation, consultations and information exchange for the whole period of implementation of relevant works.

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Portugal Portuguese Environment Agency National Authority for Civil Protection General Inspectorate for Agriculture, the Sea, the Environment and Spatial Planning Municipal Civil Protection Services (Municipalities)

Poland Chief Inspector for Environmental Protection (CIEP) voivodship inspectors for environmental protection (VIEPs) Chief Commandant of the State Fire Service (CC SFS) province/county commandants of the State Fire Service

Serbia Ministry of Agriculture and Environmental Protection Ministry of Interior – Sector for Emergencies

Slovenia Ministry of the Environment and Spatial Planning is responsible for implementing obligations related to prevention. Ministry of Defence – Administration for Civil Protection and Disaster Relief is responsible for implementing obligations related to emergency planning.

Sweden Swedish Civil Contingencies Agency is implementing obligations related to prevention and emergency preparedness on behalf of the Government.

Switzerland The application of the MAO is made mostly by the cantonal competent authorities. Most are part of the cantonal environment protection unit, while others are with the cantonal chemical safety unit, though other arrangements are also possible. The co-ordination between the different authorities involved at national and cantonal level takes place in a so-called “contact group” and through joint activities in many working groups. An internet-based, password protected platform is now also available to support this co-ordination.

UK Obligations relating to prevention and emergency preparedness regarding industrial accidents are set out in COMAH 2015 and COMAH (NI) 2015 (which in the UK implement the Seveso III Directive with regards to major accident hazards). The responsibility of implementing those obligations relating to prevention and internal emergency plans rests with the operator of the site, whilst responsibility for external emergency plans rests with the local government authority as specified in the relevant legislation. Due to the UK’s island nature there is extremely limited potential for transboundary consequences. There are no formal procedures for consulting a neighbouring country regarding environmental and health hazards posed by industrial accidents and their transboundary effects as the only potential other country (the Republic of Ireland) uses the

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same international legislation – Seveso III – to identify hazardous activities and installations as the UK. Whilst there are no formal administrative arrangements, local government in Ireland are aware of the NIEA emergency number and the contacts within the NIEA that exist for pollution incident handling. Similar arrangements are in place for HSENI.

Netherlands Companies are primarily responsible for preventing major accidents and limiting the consequences of major accidents. The government supervises the obligations of the companies. Besides the government is prepared to deal with for possible major accidents. The Mayor and Aldermen of the municipality is responsible for organizing the fire services, emergency response and crisis management and medical assistance. To the safety Regio are transferred various tasks and responsibilities, including the preparation for the fire fighting and organizing disaster relief and crisis management. The fight against serious accidents and disasters takes place in the context of the security under the direction of an Incident Command Post and Regional Operational Team. However, the mayor has the supreme command. If necessary, coordination take place on a national level from the National Coordination Centre. De security region may require a Seveso company to have its own fire brigade for a quick and adequate response to accidents within the company. For upper-tier Seveso companies the Regio security prepares a disaster plan. The regulation of external safety and spatial planning takes into account the self-reliance of people and that the major accidents can be fought. The safety Regios advise the competent authority on this matter. This concerns among others escape opportunities, accessibility to emergency and firefighting water supply.

Option C

Country Answer

(c) that are consulted (environmental and health authorities) in the environmental assessment (SEA and /or EIA) procedure



In your response, please also provide information on whether there is a statutory requirement for consultations

Albania For SEA procedure Law no. 91/2013 “On Strategic Environmental Assessment” and Decision of Council of Ministers no. 219, dated 11.03.2015 "On establishing the rules and procedures for consultation with stakeholders and the public, and public hearing during the process of strategic environmental assessment" provides as follows: Proposing authority, prior to the drafting of SEA report, consults with these stakeholders, the responsibility of which is related to the plan or program, and asks them, to submit their suggestions for issues they want to be addressed in this report: a. institutions of public health protection;

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b. local government units; c. institutions protecting agricultural land; d. environmental organizations (NGOs) active in the field of environmental protection and registered under the legislation in force; e. other institutions identified with liability in the proposal (line ministries etc.). For EIA procedure the Law no. 10440/2011 “On Environmental Impact Assessment” as amended, provides as follows: The parties involved in EIA process- In the environmental impact assessment process shall participate: a. the ministry and its subordinate structures; b. line ministries and subordinate structures; c. local government units; d. public and nonprofit organizations;

Armenia According to the Appraisal Procedures (# 399 of 04.09.2015), the following parties are consulted: • The RA Ministry of Agriculture, • The RA Public Health Ministry, • The RA Urban Development Ministry, • The RA Ministry of Territorial Administration and Emergency Response, • The RA Ministry of Culture, • The RA State Committee of the Real Estate Cadastre, • Non-governmental organisations (NGOs), • Local authorities, the general public

Austria The environmental including health authorities are determined by the specific provincial land use planning acts. Usually the environmental including health authorities are departments within the provincial governments which deal with environmental and health issues. The environmental authorities have to be consulted according to the requirements of the SEA Protocol. The provisions for the consultations (e.g. time frame) are legally determined in the specific provincial land use planning acts.

Belgium (Flemish)

Flemish Region: Regarding land use plans: it depends on several aspects to know which authorities are to be consulted but the environmental authority and the authority responsible for safety is always consulted. This consultations are statutory obligatory. Regarding siting: the main authorities who participate in the SEA and EIA processes are:

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- Urban planning Flanders, Enterprise Flanders, the Municipality or Province: initiators or advisory authorities - EIA/SEA unit Flanders: process management and quality control - Flanders Environment Agency, Flanders Nature and Forest Agency, Flanders Housing Agency, Department of Environment Flanders, Department of Agriculture and Fisheries Flanders, Flanders Roads and Traffic Agency, Flanders Public Waste Agency, …: advisory authorities (authorities with specific environmental responsibilities) It is laid down in regulations that the relevant Provinces and/or relevant Municipalities are contacted for advice and the above mentioned relevant authorities (which authority depends on the specificity of the plan/project)

Belgium (Wallonia)

Regional authorities – Walloon region. Articles 116 & 127 CWATUPE (code wallon de l’aménagement du territoire) and federal authorities (explosives)

Bulgaria In the SEA procedure are consulted: • MoEW/RIEW – as competent authorities for SEA procedures; • Ministry of Health /Regional Health Inspectorates; • Other authorities depending on the characteristics and location of the plan (Water Basin Directorates, Municipalities, Executive Environmental Agency, Executive Forest Agency, National/Natural Parks Directorates, etc.) In the EIA procedure are consulted: • MoEW/ RIEW– as competent authorities for EIA procedures; • Ministry of Health /Regional Health Inspectorates; • Other authorities (Water Basin Directorates, Municipalities, Executive Environmental Agency, Executive Forest Agency, National/Natural Parks Directorates, etc.)

Cyprus According to article 14 of the Law on the Assessment of Impact on the Environment from Certain Plans and/or Programmes (No.102(I)/2005), the Competent Authority for a land use plan, carries out consultations with relevant public organisations, local authorities, government services, or public organisations with special environmental competencies and the public. Once the SEA report has been submitted to the Environmental Authority, representations may be submitted within a period of 30 days . In addition, the Council of Ministers may decide to hold a public inquiry. All opinions or objections raised by the public and other consulted parties are taken into consideration by the Environmental Authority whilst preparing its opinion and by the Competent Authority before making its decision regarding a land use plan. According to article 21 of the Law on the Assessment of the Environmental Impacts of certain

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Projects 2005 to 2014, the public is informed as soon as the EIA study is submitted to the EA. The Law provides for the public to be informed in all the stages of the procedure as well as of the decision taken. The public is informed as soon as an EIA report is submitted to the Department of Environment through a publication in 2 national newspapers and a reference in the web page of the Department. A period of 30 days is allowed for every interested party to raise comments on the specific project. All opinions or objections raised by the public are taken into consideration during the preparation of the Opinion of the EA. The public is also informed about the decision taken though the web page of the Department of the Environment.

Czech Republic

Regional health authorities, district mining offices, environmental departments of regional authorities, regional department of conservation authorities, management of protected landscape areas within a given region, regional inspectorates of the Czech Environmental Inspectorate Pursuant to the Act No. 100/2001 Coll. they have to be contacted for consultation in every stage of SEA/EIA procedure

Denmark • Danish Nature Agency, Focal Point and Point of Contact for SEA-protocol, Danish Business Authority • Danish EPA or Local Competent Authority The consultation is a statutory requirement

Estonia In Estonia SEA is integrated into spatial planning procedures (i.e. SEA is carried out as part of the planning proceedings). The list of different authorities involved/consulted in these procedures is comprehensive. The concrete authorities which are consulted during the preparation of a spatial plan depend on the particular spatial plan (procedure for cooperation). Consulting all the authorities concerned is a mandatory requirement in SEA (screening, scoping, SEA report).

Germany Germany: Local and lander competent authorities, which deal with environmental issues, e.g. land-use, nature conservation, soil and water protection, air pollution control, process safety There are statutory requirements for these consultations, Environmental NGOs have to be involved, if aspects of nature conservation are affected in a relevant way

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Finland rescue service authorities Finnish Safety and Chemicals Agency (Tukes) Yes there is statutory requirement for consultations

Israel The regional branch of the Environmental Protection Ministry

Lithuania The system of territorial planning covers the issue of land-use planning. The Law on Terrritorial Planning regulates the matters of territorial planning in Lithuania.

Moldova • The Ministry of Environment is responsible for EIA • The Ministry operates its Environmental Inspectorate that incorporates the State Environmental Appraisal Department – In the case of particularly complex projects that require a full scale EIA, the Department of Prevention of Environmental Pollution of the central Ministry is responsible for EIA procedures – Permits for construction of new buildings and construction than might affect underlying soil layers are issued at mandatory coordination with the State Public Health Supervision Service – It is prohibited to locate storages of fuel and grease, chemicals, fertilisers, industrial waste, sludge and other products if they might cause chemical contamination of groundwater. Such facilities may be located within III sanitary protection zones only provided groundwater protection, application of special measures to protect aquifers from contamination and only if authorised by a special sanitary conclusion of the State Public Health Supervision Service (based on conclusions of another public authority - the Agency of Geology and Mineral Resources). – Decree # 949 of 25.11.2013 on Approval of the Regulation on Sanitary Protection Zones of Water Intakes. The requirement to hold consultations with relevant ministries and agencies in the course of EIA procedures in connection with siting decisions is fixed legislatively (Law on Environmental Impact Assessment) Law on Secondary Legislative Acts of the Government and other Central and Local Public Authorities (# 317-XV of 18.07.2003) sets requirements to coordinate development of plans and programs with all ministries.

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Portugal In the EIA procedure the entities involved depend on the specific project and on its expected potential environmental impacts. Nevertheless usually the entities participating are: • Portuguese Environment Agency • Regional Coordination and Development Commissions • Institute for Nature Conservation and Forestry • Directorate-General for Cultural Heritage The participation of these entities is mandatory, according to Decree-Law 151-B/2013 of 31st October, if the project has the potential to affect the values that are managed by these entities. These entities are not just consulted but they are part of the assessment commission that evaluates the environmental impact report. In the SEA procedure, and according the Decree-Law 232/2007 of 15 June, the entities consulted depend on the specific plan and the potential effects of it application. Nevertheless usually the entities participating are: • Portuguese Environment Agency • Regional Coordination and Development Commissions • Institute for Nature Conservation and Forestry • Regional Health Authorities • Municipalities

Poland There is a statutory requirement for consultations. SEA - regarding land-use plans: Regional Directorate for Environmental Protection and State poviat sanitary inspector EIA – regarding siting: Regional Directorate for Environmental Protection and State voivodeship sanitary inspector/State poviat sanitary inspector/ State border sanitary inspector

Romania Yes

Serbia Ministry of Agriculture and Environmental Protection Institute for nature conservation of Serbia Ministry of Construction, Transport and Infrastructure Ministry of Mining and Energy Ministry of Health

Slovenia In the SEA and EIA procedure and already in screening phase the ministries and organisations , responsible for environmental issues are consulted, including Slovenian Environment Agency and Ministry of Health.

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Regarding land-use plans, they are always consulted in SEA procedure. Regarding siting/technical alternatives they are consulted in EIA procedure. There is a statutory requirement for consultations in Environmental Act.

Sweden Local and regional authorities are consulted in both SEA and EIA processes, the municipality and County Administrative board are obligatory according to the Environmental code.

Switzerland At federal level: - FOEN (EIA, MAO,…) - All other offices that could be implied such as FOT (Federal Office for Transportation), CAO (Civil Aviation Office), ARE (Land Use Planning),… At cantonal level: - MAO executives, Land use planning executives, environment protection agency. See 3a) above

UK Statutory requirement in legislation to consult with Health and Safety Executive (HSE), Environment Agency (EA), Natural Resources Wales (NRW), Scottish Environment Protection Agency (SEPA) For the purposes of SEA in England consultation with Natural England, the Environment Agency, and English Heritage is compulsory. For EIA, the consultation list also includes the Marine Management Organisation and any other body which the relevant planning authority is required to consult, or would, if the application was for planning permission for the development. For the purposes of EIA in Scotland the statutory consultation list includes Scottish Natural Heritage, Scottish Water, SEPA, Historic Environment Scotland and any other bodies designated by statutory provision as having specific environmental responsibilities considered likely to have an interest in the application. For the purposes of SEA in Scotland it is Scottish Natural Heritage (SNH), Historic Environment Scotland and SEPA.,

Netherlands Regarding land -use plans: The competent authority in case of spatial plans decisions is required to consult the Commission for Environmental Assessment (abbreviated NCEA ) in Utrecht on the accuracy and completeness of the information in the SEA . Regarding siting:

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Environmental Permits and changes in Seveso companies must meet the safety criteria in the Decree on external safety devices and therefore not all cases require a Commission opinion Mer on the accuracy and completeness of the information in the EIA. Only if there is a likelihood of significant effects on Natura 2000 areas, there is a mandatory review advice from the Mer Commissie .

A.1.1.4 Please indicate (and briefly describe) whether your country has a national land-use planning system

Country

Please indicate (and briefly describe) whether your country has a national land-use planning system

a land-use planning system exists • no land-use planning system is in place

Albania We are taking steps on drafting Land Management Policy Document. Any possible help from international organisation is required, in order to establish the Document

Armenia The country has a land-use planning system in place. Master layout plans or temporary land use schemes are developed for settlements - these plans and schemes reflect main aspects and objectives of zoning, land use and protection.

Austria The main competences for land use planning and siting lies with the 9 Provinces (Länder)

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in Austria due to our Constitution; there is no general national land-use planning provision on the federal level

Belgium (Flemish)

Flemish region: A land use planning system exists. See the included schedule for the Flemish Region.

Belgium (Wallone)

QRA Assessment

Bulgaria Regionals land-use planning systems exist.

Cyprus A land-use planning system exists: The promotion and control of development in all areas in Cyprus including urban centres and rural areas is pursued through the implementation of published Development Plans. Planning legislation defines a specific three-tier hierarchy of Development Plans, with the Island Plan on the highest tier, Local Plans and Area Schemes at lower tiers and a general policy document called the Statement of Policy for the Countryside for parts of the island’s territory not covered by any other development plan. The Planning Authorities consult the Department of Labour Inspection for siting new establishments or modification of establishments falling within the scope of the Health and Safety at Work (Control of Major Accident Hazards Involving Dangerous Substances) Regulations of 2015and for developments around such establishments. The Department of Labour Inspection

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expresses its opinion using relevant criteria

Czech Republic

Yes, it is defined in Act No. 183/2006 Coll., on Spatial Planning and Building Code. There are following levels: - Spatial Development Policy of the Czech Republic (for Country) - Development Principles (for Regions) - Land-use plans/regulatory plans (for Municipalities)

Denmark A land use planning exists and is organised in a central authority and local authority in the municipalities. Denmark is divided into urban zones, summer cottage areas and rural zones respectively. The land use planning system is first and foremost regulated in the Consolidation Act on Danish Spatial Planning no. 1529 of 29-11-2015. However, land use planning regulations regarding inclusion of industrial accidents are currently regulated by memorandum no. 37 of 20-04-2006 but will be replaced by a new consolidation act within 2016.

Estonia We have a land-use planning system. The different levels and types of spatial plans are described in question 3(a).

Germany There is a top – down land use planning hierarchy, which starts at the level land, goes to the regional level, then to the level town for a land use plan and from this to the level binding local plan

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Finland System of land use planning Land use in municipalities is organized and steered by local master plans and local detailed plans. The local master plan indicates the general principles of land use in the municipality. The local detailed plan indicates how land-areas within a municipality are used and built. Local authorities may draw up a joint master plan. Regional land use plans contain a general plan for land use for the entire region or for a specific sub-area therein. The Council of State may adopt national objectives concerning land use and regional structure

Israel As part of the "General allocation plan" [that sets up the intended use of specific areas – see above] there are areas which are blacked from any development an declared as National Reservations Parks

Lithuania According to Law on EIA Art.9 EIA report must contain an exhaustive analysis of all the issues provided for in the programme and the following information: <…> information on probable emergencies, the measures of prevention or mitigation thereof and response thereto; Regulations on Preparation of the Environmental Impact Assessment Program and Report approved by the Order of the Minister of the Environment of the Republic of Lithuania No D1-636, December 23, 2005 (Regulations) lay down

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requirements for EIA scoping document (EIA programme) and EIA Report. According to the Regulations risk analysis of the proposed economic activity and prediction of potential emergency situations (accidents) and accident prevention measures are provided in the EIA report. Recommendations on the accidents risk assessment when such evaluation is performed in the EIA process was prepared by the Ministry of Environment. According to the Recommendations risks arising from extreme weather conditions (e.g floods, drought) and man-made disasters are considered performing accidents risk assessment.

Moldova The system of land-use planning is in place: Development of documentation, coordination of the documentation, public consultations, approval of the documentation, adjustment of the documentation, control in the sphere of urban development and land-use planning Documentation on urban development and land-use planning is developed based on previous studies and research and contains provisions of prescriptive and regulatory nature. Procedures to use of land plots for any type of construction should be defined by urban development and land-use plans. Urban development plans include the following ones: a) master plans for urban development; b) zone plans for urban development; с) detailed urban development plans. Minimal requirements to contents of urban development and land-use planning

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documentation are set for each category of specific cases by regulations and guideline manuals developed by the central public authority in charge of urban development and land-use planning, and are approved by the Government.

Portugal Portugal has a land-use planning system in place, which consists on the National land use plan, Regional land use plans, Special plans, Municipal land use plans and Detail and urban plans.

Poland In Poland, a land-use planning system exists.

Romania Yes

Serbia Land-use planning system exists – System is defined by Law on Planning and Construction

Slovenia Slovenia has land-use planning system is in place. There is obligation for all local municipalities to prepare the land-use plans in Spatial planning Act.

Sweden Sweden has a national planning system for the sea according to the EU framework for maritime spatial planning. Sweden has full land covered land use plans by municipal comprehensive land use plans and where applicable there are detailed development plans. All land-use planning is done at the local level in each municipality. A few regions have regional plans, each by decision of the government.

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Switzerland The Confederation has a national Master Land use Plan; it is quite generic and mostly englobes elements of federal importance. Every canton has to develop its own master plan. The Federal Law on Land Use Planning (LLUP) requires the Cantons to show in their master plans how they co-ordinate the activities having a spatial impact in order to achieve the desired development. It has now become part of Switzerland’s policy to improve the coordination between prevention of major accidents and land use planning in the vicinity of hazardous installations, mainly through guidance for planning authorities.

UK Statutory requirement in legislation to consult with Health and Safety Executive (HSE), Environment Agency (EA), Natural Resources Wales (NRW), Scottish Environment Protection Agency (SEPA), HSENI, NIDOE and Northern Ireland District Councils

Netherlands Spatial planning is regulated in the Spatial Planning Act. The Act contains many procedural rules for the spatial planning. The intrinsic spatial choices are made by the local authorities and in special cases by the central government, particularly in cases where national interests are represented. The establishment of Seveso companies is not of national interest in environmental planning in the Netherlands.

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A.1.1.5 Please indicate whether and how the obligations under the Industrial Accidents Convention related to the minimization of the risk to the population and the environment through siting decisions (Art. 7) in order to prevent industrial accidents (Art. 3, para 1) and ensure emergency preparedness (Art. 8) are formally included into the decision-making regarding land use:

Option A and B

Country

Please indicate whether and how the obligations under the Industrial Accidents Convention related to the minimization of the risk to the population and the environment through siting decisions (Art. 7) in order to prevent industrial accidents (Art. 3, para 1) and ensure emergency preparedness (Art. 8) are formally included into the decision-making regarding land use:

by the legal requirement to include necessary industrial accidents safety considerations in the respective environmental assessment (SEA or EIA) - please specify in which legal act and briefly describe the key element

by the legal requirement that the public authorities responsible for the decision-making regarding land use take industrial accidents safety considerations into account - please specify in which legal act and briefly describe the key elements

Albania Decision of Council of Ministers No 419, date 25.06.2014 “On approval of appropriate requirements on the applications review for environmental permits type A, B and C, on the transfer of permits from one entity to another, on the conditions of respective environmental permits, and detailed rules for their review from competent authorities until the issuance of these permits by NLC”, provides as follows: The applicant who submits an application to National Licensing Centre (NLC) for being provided

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with environmental permit type A or B, shall submit a list of documents including the Report on security, in compliance with the legislation in force on the prevention of major risks and accidents, when requested.

Armenia According to provisions of RA Law on Environmental Impact Assessment and Appraisal (Art. 18), EIA Reports should include description of main risks of potential accidents

Law on Civil Defence stipulates: ➢ development of land use schemes accounting for the need to ensure appropriate and safe siting of facilities, ➢ ensuring safe operation of hydroengineering facilities and industrial sites.

Austria Industrial Code, Waste Management Act, Mining Act,…

9 legal acts of the Provinces concerning land use planning and siting

Belgium (Flemish)

Flemish Region: see point 2.


Belgium (Wallone)

Security risk assessment in the scope of ’Environnemental permit’.

“Permis d’urbanisme – CWATUPE”

Bulgaria The Environmental Protection Act includes the legal requirement to necessary industrial accidents

The Environmental Protection Act and the Territorial Development Act

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safety considerations in the respective environmental assessment (SEA or EIA). The Environmental Protection Act includes the main stages of the EIA procedure when the EIA procedures are coordinated with the new Seveso III Directive. For proper implementation of the provisions of art.104 of Environmental Protection Act it was prepared guidance letter (№ 05-08-6523/12.10.2015) from the Minister of Environment and Water addressed to the RIEWs, which identifies what actions have to be carried out in the stages of SEA procedure of plans in order to ensure safe distances from /to enterprises/ facilities with low and high risk potential. The letter is published on the website of the MoEW.

Cyprus The Law on the Assessment of Impact on the Environment from Certain Plans and/or Programmes (No.102(I)/2005) includes within the definition of ‘environmental

Industrial accidents safety considerations are into account during the preparation or amendment of Development Plans, and during the examination of Planning Applications. The Planning Authority has incorporated in the

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impacts’ the effects of a project on the human population and or human health and or any persons, biodiversity, fauna, flora, soil, water, air, climatic factors, material assets, cultural heritage including architectural and archaeological heritage, physical, historical and traditional man made landscape and the interrelationship between these factors. In addition, Annex II , which describes the characteristics of the effects and of the area likely to be affected, includes the transboundary nature of the effects and the risks to human health or the environment (e.g. due to accidents). The Law on the Assessment of the Environmental Impacts of certain Projects (No. 140(I)/2005 includes within the definition of ‘environmental impacts’ the effects of a project on a person, flora or fauna, the physical, historical and traditional manmade landscape, soil, water, air and climate, material assets, cultural, architectural and archaeological heritage, and the interaction

Development Plans prepared or amended, certain land use provision policies, in order to ensure the objectives of preventing major accidents and limiting the consequences of such accidents. In particular through the Development Plans the Planning Authority: • Implements the land use provision policy under which new establishments will be sited to areas designated for industrial development which are separated into categories and sub-areas able to accommodate such developments. • implements the policy under which the meaning of «major-accident hazards involving dangerous substances» is explained and linked to the need to maintain long term appropriate distances between establishments covered by the Directive and residential areas, areas of public use and areas of particular natural sensitivity or interest. In the case of existing establishments the need for additional technical measures will be examined. • contributes to the Cyprus Governments decision that certain existing establishments should be transferred to areas designated for industrial development, by adopting specific policies in the relevant Development Plans, In addition, certain provisions of the Regulations related to the Town and Country Planning Law (introduced in October 2003 and November 2008), specify the following: a. Development Plans • The Planning Authority whilst preparing or amending a

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between these factors. In addition, Annex 4, which contains the criteria for the assessment of a Preliminary environmental impact assessment (PEIA) in order to decide whether a full EIA is required or not, includes a characteristic of the project the risk of accidents

development plan ensures that all the necessary policies are included so that the risks arising from major accidents involving dangerous substances will be prevented. • In parallel the Planning Authority has the obligation to introduce into the development plans policies that take into account the need to maintain in a long term appropriate distances between existing establishments covered by the Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances and between such establishments and the residential areas, buildings and areas of public use, major transport routes as far as possible, recreational areas and areas of particular natural sensitivity or interest. b. Planning Applications i. Planning Applications that concern new developments around existing premises. • Consultation procedure (before granting or refusing the respective permit) with the Department of Labour Inspection and other responsible Governmental Departments on different issues, so that in the case of issuing a planning permit a special set of conditions is set in accordance to the Seveso II Directive and the Town and Country Planning Law and Regulations. • Public notification of the intention to examine planning application for new development around existing premise/s. • Strict implementation of the conditions set by the

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Planning Authority as part of the planning permits regarding the distance between new developments and existing premises. ii. Planning Applications that concern modifications to existing establishments. • Preparation and submission to the Planning Authority (before granting or refusing the planning permit) a special report that includes technical advice on the risks arising from the establishments described in the Seveso II Directive. • Consultation procedure (before granting or refusing the respective permit) with the Department of Labour Inspection and other responsible Governmental Departments on different issues, so that in the case of issuing a planning permit a special set of conditions is set in accordance to the Seveso II Directive and the Town and Country Planning Law and Regulations. • Public notification of the intention to examine planning application of modifications of existing premises, before granting or refusing the planning permit. • Strict implementation of the conditions set by the Planning Authority as part of the planning permits regarding the distance between new developments and existing sites and the need for additional technical measures so as not to increase the risks to people. • Implementation of high standard conditions and measures in cases of upgrading or modifications of existing establishments. iii. Planning Applications for the siting of new

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establishments. • Preparation and submission to the Planning Authority (before granting the planning permit) a special report that includes technical advice on the risks arising from the establishments described in the Directive. • Consultation procedure (before granting or refusing the respective permit) with the Department of Labour Inspection and other responsible Governmental Departments on different issues, so that in the case of issuing a planning permit a special set of conditions is set in accordance to the Seveso II Directive and the Town and Country Planning Law and Regulations. • Public notification of the intention to examine planning application, regarding new establishment before granting or refusing the planning permit. • Strict implementation of the conditions set by the Planning Authority as part of the planning permits regarding the distance between new establishments and existing sites.

Czech Republic

Act No. 100/2001 Coll., on the Environmental Impact Assessment Via Environmental SEA/EIA report

Act No. 224/2015 Coll., on the Prevention of Major Accidents, § 49 paras 3, 4, 5: (3) The Regional Authority shall, on the basis of the assessment of risk of a major accident gives binding opinion, which is the basis for the decision in the zoning proceedings or in civil proceedings in proceedings for removal of the structure or the management of an additional building permit under the Building Rules where the zoning decision has been issued, which sets

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out the conditions for the location of the new facility or putting it into trial operation or use in the event that the test operation is not performed. (4) Regional Authority ensures that take into account the objectives of preventing major accidents and limit their consequences at a) the location of new buildings, b) amending the existing buildings and c) maintaining the mutual distances between buildings and residential areas, buildings and areas of public use, major transport routes, recreational areas and territories protected by other legal regulations, and land-use planning under the Building Rules. (5) For existing buildings by a regional authority if necessary, adopt additional measures relating to reducing the risk of a major accident.


Statutory Order 2006-12-14 nr. 1666 and: Memorandum no. 37 of 20-04-2006. Please note that chapter 2 in the statutory order no. 1666 of 14-12-2006 and memorandum no. 37 of 20-04-2006 will be replaced by a new statutory order which will also implement the Seveso III directive of 04-07-2012.

Estonia According to Chemicals Act if in the planning and design phase a SEA or an EIA is organised, the risks and hazard relating to the establishment will be assessed and the public will be informed in the

According to Chemicals Act there are special requirements for land-use planners planning land use and designing construction works. 1) establishments with domino effects must be identified 2) buildings and facilities, such as highways, public places and residential areas located in the vicinity of the

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course of these proceedings

existing establishment must be taken into account if the location of the buildings and facilities may increase the risk of a major accident or the severity of the consequences of a major accident; 3) for the purpose of ensuring safety, preserve the required distance between the establishment and residential districts, public buildings and areas, recreational areas and, where possible, between the main transport lines 4) protect areas in the vicinity of the establishment that are of special interest in terms of nature or that are especially sensitive, ensuring a safe distance to that end or by taking other relevant measures 5) where necessary, take additional measures in the existing establishment; 6) in the event of an increase of the risk of a major accident or severity of the consequences thereof, ensure the notification of the public and persons who may be located in the impact zone of an accident arising from the establishment.

Germany In the respective environmental assessment (SEA or EIA) industrial accidents safety considerations are nearly not mentioned. The SEA or EIA have no specific obligations.

Germany: Bundes-Immissionsschutzgesetz, Baugesetzbuch, Germany: Guidance KAS-18: Recommendations for separation distances between establishments covered by the Major Accidents Ordinance (Störfall-Verordnung) and areas worthy of protection within the framework of land-use planning - implementation of Article 50 of the Federal

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Immission Control Act (Bundes-Immissionsschutzgesetz, BImSchG http://www.kas-bmu.de/publikationen/kas_gb/KAS-18k_en.pdf http://www.kas-bmu.de/publikationen/kas/KAS_18.pdf http://www.kas-bmu.de/publikationen/kas/KAS_18_ErsteKorrektur.pdf http://www.kas-bmu.de/publikationen/kas/KAS_18_ZweiteKorrektur.pdf http://www.kas-bmu.de/publikationen/kas/KAS_32_2.pdf Art. 50 of BImSchG say that here has to be a appropriate distance between sites and areas, which has to be protected. The guidance determines that distances for chosen relevant substances. The guidance holds only for substances dangerous for human health, not for adverse effects on nature

Finland SEA regarding the land use plans is implemented through the Land Use and Building Act (132/1999) The national land use objectives (VAT) note: “Sufficient distances should be left between functions and activities that can cause undesirable health effects or accident risks, on the one hand, and impact-sensitive activities, on the

Land Use and Building Act (132/1999), see PREVIOUS

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other. Industries that are at risk of major catastrophes and the transport routes for dangerous substances, as well as chemical rail-yards, should be placed sufficiently far away from residential areas, areas for communal functions and sensitive natural areas.” The national land use objectives guide all land use planning. More specifically the Land Use and Building Decree ( section 57 , 895/1999) states that “The provision of sufficient safety distances to prevent the risk of major accidents from dangerous substances must be taken into account when the location of a building project and the suitability of building site are considered.”

Israel See previous answer See previous answer

Lithuania The Regulations on Prevention of, Response to and Investigation of Industrial Accidents, adopted by Resolution no.966 of the Government of the Republic of

Law on EIA stipulates that while performing EIA procedure the state institutions responsible for health protection, fire prevention (the FRD), and the protection of cultural assets as well as municipal institutions have to be consulted regading scoping documents, EIA reports

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Lithuania of 17 August 2004, stipulates that the location of a new dangerous establishment shall be selected, significant modifications in an existing dangerous establishment as well as the construction of new structures (transport routes, buildings and areas of public use, residental areas and others located near dangerous establishments) shall be planned according to the Law on Territorial Planning in order to ensure that the new dangerous establishment is built or modifications of an existing dangerous establishment are made to guarantee that the dangerous establishment does not pose a threat to other dangerous establishments, residental areas, heavy traffic roads, buildings of publis use, territories and recreational areas; the construction of new structures (transport routes, buildings and areas of public use, residental areas and other structures located near dangerous establishments) is carried out while ensuring the protection from

and feasibility of the proposed hazardous activity in the selected location in light of provisions of relavant laws and othe legal acts, the nature of the activity and/or its effect on the environment. The Law on Territorial Planning implementing acts designate the authorities that have to be consulted during the preparation of territorial planning documents according to the procedure established by this Law and other legal acts. The Regulations on Prevention of, Response to and Investigation of Industrial Accidents also stipulates that the competent authority shall give the planning conditions to the territory planning organiser and shall hold consultations with the author of the territory planning document according to the information that is provided in the safety report of a upper-tier dangerous establishment regarding the risk posed by the establishment; the competent institution shall have the right to demand, for territory planning purposes, that the operator of a lower-tier dangerous establishment provide information on the risk associated with the establishment.

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possible accidents as the risk of accidents due to construction or its location may increase or the consequences of an accident may become more severe; the location for building a dangerous establishment is selected while keeping in mind the necessity of urgently evacuating the employees and other persons from the dangerous establishment and other areas located around the planned dangerous establishment; local nature, terrain, and prevailing wind must also be taken into the consideration. The Law on Territorial Planning and its implementing acts also stipulate the need to take account of the interests of the public and to prevent the risks to environment. There are obligatory requirements set for the territorial planning on the municipality and local level for the use of the territory, designated for objects, location of which depends on impact of their activity on environment and public health.

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Moldova The due national legislation on EIA matters does not contain explicit provisions on incorporation of industrial accidents safety considerations, however, responsible authorities request EIA implementers to provide such considerations. Decree # 949 of 25.11.2013 on Approval of the Regulation on Sanitary Protection Zones of Water Intakes Water intakes may be contaminated by human economic and social activities, the key pollution risks may include: 1) contamination by virulent agents: bacteria, viruses or other microorganisms; 2) chemical contamination: а) by pest control chemicals applied in forestry and agriculture, as well as by nitrogen, phosphorus and potassium compounds as a result of application of fertilisers in agriculture; b) by chemicals in industrial applications or in connection with use of such chemical products as

Decree # 949 of 25.11.2013 on Approval of the Regulation on Sanitary Protection Zones of Water Intakes The Ministry of Environment and the Ministry of Public Health shall be responsible to control compliance with this Decree. State bodies and facilities that seek to be provided publicly owned lands for use, shall apply directly to the Agency of Land Relations and Cadastre to prepare a draft Government Decree with annexes The Agency of Land Relations and Cadastre shall review the application and materials (as listed in para 14 of this Decree) within 10 days and shall submit them to R&D Land-use Institute (a state facility) for processing a cadastral file. R&D Land-use Institute shall apply with a request to a central administrative body in charge of the land management

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phenols, tar, surfactants, oil and oil products, grease, liquid fuel, dyes, cyanides, heavy metals, etc.; c) by radioactive substances; 3) thermal contamination by releases of hot water from industrial coolers. Impacts of pollutants may be eliminated or mitigated by means of self-purification and dilution of contaminants, as well as by application of special prohibitions for certain activities, restrictions for land use in sanitary protection zones and by application of all means and technologies for prevention of soil and groundwater contamination in the course of activities within zone III.

Portugal EIA and Industrial Accidents Decree-Law 150/2015 of 5August establishes the obligations for compliance with article 13 of Seveso III Directive, namely, the land use compatibility assessment for siting of new establishments decisions (and significant

Decree-Law 150/2015 establishes the aim to maintain appropriate distances between establishments covered by this Directive and sensitive developments (existing or planned), trough: • The definition or revision of municipal land use plans; • The licensing procedures on development on the vicinity of establishments. This regulation establishes the creation of a cadastre of

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modifications on existing ones), previous to the licensing procedure. This procedure aims to maintain appropriate distances between establishments covered by this Directive and sensitive developments (existing or planned). If the new sites or the changes on existing ones are subject to Environmental Impact Assessment, the procedure of land use compatibility assessment under Decree-Law 150/2015 (Seveso III) is integrated on the Environmental Impact Assessment procedure. In this case, the Environmental Impact Report will include the information related to major accidents and the land use compatibility will be evaluated in this framework. For this purpose, a Seveso expert is part of the assessment commission that evaluates the environmental impact report. SEA and Industrial Accidents In the SEA procedure, and according the Decree-Law 232/2007 of 15 June, the entities

the hazardous areas related to the establishments, which will improve the implementation of these dispositions. Nowadays, it is provided, on a case by case basis, support to local planning authorities when he municipal land use plans are being reviewed and/or the strategic environmental assessment is taking place. A new regulation on land use planning is under preparation, regarding the criteria applicable to the decision making process.

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consulted depend on the specific plan and the potential effects of it application. If a land use plan includes areas where Seveso establishments are located, the Portuguese Environment Agency is consulted regarding Industrial Accidents. In this regard, a guideline related to the integration of major accidents prevention in the SEA of land use municipal plans is available, in Portuguese: Guia para a integração da prevenção de acidentes graves na avaliação ambiental estratégica dos planos municipais de ordenamento do território (APA, 2011).

Poland According to the EIA Act a risk of a serious industrial accident should be considered in the EIA report. In case of SEA report, the requirements are more general and include effects on the various components of the environment. If there is a risk of a serious industrial accident that might cause significant adverse effect on the

The policy on sitting hazardous activities is based on provisions of the law act on Spatial Planning and Management and on art. 71-76 of the Act on Environmental Protection Law. They require to prevent major accidents through an adequate control of location and construction of installations, which are hazardous to the environment. During the process of plant design and the location, as well in the decision on the land use of plant surrounding area, the conditions for protection of urban areas and nature are considered.

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environment, it is included in the analysis.

Newly developed sites and their location have to be consistent with the land-use plans, which are drawn up at the national, voivodship and municipality levels. Information, conclusions and guidelines concerning the location of upper tier and low tier establishments refer to the “Study of conditions and prospects of land use planning” which is a document drawn up at the municipality level and which has to take into account the factors particularly related to the hazard to people and their property. It is not allowed to build establishments that pose hazards to people’s life or health, in particular major accident hazards, on areas not included in the local land-use plans as areas for production, storage and warehousing. Development of such sites is allowed, provided that it leads to the reduction of hazards to the population. In accordance to the Act on Environmental Protection Law, any establishments that can pose a major accident hazard should be located in a safe distance from each other, residential areas, housing estates, areas of public use and particular natural sensitivity or interest, major transport routes. Moreover, for the existing establishments where safe distances have not been kept, IEP authorities may issue (with the agreement of SFS) a decision on additional technical safety measures in order to reduce the hazards to the population. After the act of 23 July 2015 amending Environmental Protection Law Act and some other acts, implementing

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the Seveso III Directive, entered into force, there were introduced more stringent requirements concerning land use planning in the vicinity of establishments posing major accidents hazards: 1) an obligation to consult decisions concerning the location of public goal investment and planning permissions with IEP and SFS, 2) delegation for the Minister of the Environment to issue a regulation on the method of determining a safe distance when choosing the location of establishments that may pose major accident hazards.

Romania There is no explicit. The effects caused by industrial accidents can be assessed within the Environmental Report (SEA procedure) and are envisaged measures for their prevention / reduction / mitigation

The connection between public authorities and Aarhus Convention

Serbia The Law of EIA, Article 17. point 7) EIA in the case of accident

Law on Environmental Protection defines that Planning Authority must take into account data, measures and conditions of prevention of major chemical accidents when developing spatial plans, and also Law on Planning and Construction defines that all environmental measures must be taken into account when spatial plans are developed. Ministry of Agriculture and Environmental Protection

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issues measures and conditions together with relevant data for spatial planning, on demand, to those spatial planning Authorities responsible for development of specific Spatial plans (on Republic, Province or local administrative level). These measures, conditions and relevant data are given on the basis of received Safety Reports and Accident Prevention Policies and include consideration of safety zone of 1.000 meters from the location of worst case scenario on relevant industrial installations and may among other things have the ban of further construction and/or development around industrial installations, or the ban of sitting of new industrial installations

Slovenia The SEA Decree defines general obligation that in the SEA process all environmental risks relevant for specific plan or programme are taken into account. In accordance with Spatial Planning Act public authorities responsible for decision making regarding land-use planning and siting need to ensure that in this planning process risks of natural and man-made hazards are taken into account. In practice SEA and EIA /siting process are realised one after the

The SEA Decree defines general obligation that in the SEA process all environmental risks relevant for specific plan or programme are taken into account. In accordance with Spatial Planning Act public authorities responsible for decision making regarding land-use planning and siting need to ensure that in this planning process risks of natural and man-made hazards are taken into account. In practice SEA and EIA /siting process are realised one after the other. As the first SEA is prepared for land-use plans and detailed urban/industrial areas plans. After they are accepted the EIA follows for site location and technical alternatives

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other. As the first SEA is prepared for land-use plans and detailed urban/industrial areas plans. After they are accepted the EIA follows for site location and technical alternatives

Sweden All accidents are considered environmental impacts, i.e. if they might have impacts on humans, property or cultural heritage or causing pollution of air, water or soil. All potential impacts are described in the EIA or SEA on the level of detail necessary for the decision of siting and LUP. In the LUP act it states that the decision on LUP needs to take into account the possibility of access and operability of the rescue services vehicles. In the Environmental code it states that all possible preventive measures to reduce environmental impacts (as above) needs to be taken unless they are called unreasonable. If the activity can cause damage and preventive measures are deemed unreasonable

All decisions on LUP must take risks into consideration when deciding on a detailed LUP or comprehensive LUP. According to section 2.5 in the LUP act, the site must be suitable for its purpose, considering several requirements. One of these is the risk of impacts from accidents.

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the permit might be severely limited or no permit given.

Switzerland See 2 d) and 3 a)above

See 2 d) and 3 a)above

UK Yes, a land use planning system exists, which operates under specific legislation

[The likely impact of projects, plans or programmes on human health and/or the environment are issues that should be considered, where relevant, as part of an EIA or SEA for example resulting from accidents (see regulations listed above).]

Netherlands The Decree environmental impact assessment regulates for which activities an environmental impact assessment and / of screening is required. The environmental impact assessment procedures and the content requirements of EIA are in Chapter 7 of the Environmental Management Act. EU Mer 2011/92 / EU in this Act and the decision implemented. The necessary spatial considerations regarding Seveso companies are regulated in the Decree on external safety devices. This legal framework is also relevant to examine spatial alternatives in environmental

The External Safety obliges local authorities to maintain minimum distances in spatial plans between Seveso establishments and the environment. It involves risk distances which are calculated for each company. In addition, local governments are required to make an assessment in spatial planning and environmental permits from Seveso establishments to reduce the risk for large groups of people in the area of Seveso establishments. Areas where large groups of people may be present should, if possible, be planned to minimise the risk to groups of people.

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impact assessments.

Option C and D

Country


by the legal requirement to consult public authorities responsible for implementing the obligations related to prevention and emergency preparedness regarding industrial accidents in the decision-making regarding land use - please specify in which legal act

obligations related to prevention and emergency preparedness regarding industrial accidents are not formally included into the land use planning

Armenia RA Government Decree # 1918 of 29.12.2011 on Procedures of Development of

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Temporary Land Use Schemes stipulated procedures to coordinate land use schemes with a range of authorised bodies. RA Law on Environmental Impact Assessment and Appraisal and RA Government Decree # 1920 of 29.12.2011 stipulate appraisal of master layout plans that should describe main risks of potential accidents.

Austria 9 legal acts of the Provinces concerning emergency preparedness and planning

Belgium (Flemish)


.

Belgium (Wallone)

SEVESO Directive (transposition in “accord de cooperation” + Environmental permit).

SEVESO Directive (transposition in “accord de cooperation”) and regional legislation

Bulgaria The Environmental Protection Act and the Territorial Development Act

The Environmental Protection Act

Cyprus See reply in question 5a and 5b

See reply in question 5a and 5b


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Estonia According to Chemicals Act.

Germany Germany: Bundes-Immissionsschutzgesetz: For a part of the sites or installations relevant documents are published by the competent authorities. The public has in this case the possibility to give written objections to the CA and debate them with the CA and the operator on specific date of discussion. Baugesetzbuch: If a binding land-use-plan is needed, the draft will be published by the competent authorities. The public has in this case the possibility to give written objections to the CA.

Germany Emergency preparedness: The contingency management laws of the lander.

Finland Land Use and Building Act (132/1999) Ministry of the Environment has issued a letter (YM4/501/2015) to the authorities responsible for land use planning named ”Sites handling and storing chemicals – how to take industrial accidents safety into consideration in land use planning and building” . The letter specifies the requirements in the act and decrees regarding consulting different responsible authorities during the planning and siting process.

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Lithuania SEA- and EIA related public information and participation in decision making. The public participation in the decision makking processes related to siting and licesing of hazardous installations and the development of off-site emergency plans is also ensured by the the Regulations on Prevention of, Response to and Investigation of Industrial Accidents, adopted by Resolution no.966 of the Government of the Republic of Lithuania of 17 August 2004

Moldova Decree # 593 of 17.06.2014 on Amending the Regulation on Procedures of Land Provision, Alteration of Use and Exchange of Lands. In order to set and alter land use categories, a cadastral file shall be processed according to requirements specified in the Guideline Manual developed and approved by Agency of Land Relations and Cadastre. A cadastral file shall be processed based on a contract with stakeholders by R&D Land-use Institute. 3. Cadastral files shall be coordinated with ministries, other central and administrative bodies and local public authorities by the

R&D Land-use Institute shall request the central administrative body in charge of the land management to convene, within 5 days, a commission on selection of the following composition: - the chief official of the central administrative bodies - the Chair of the commission; - members of the commission - representatives of land managers, R&D Land-use Institute, a legal entity seeking provision of the land, as well as representatives of local public authorities, the State Environmental Inspectorate, the National Public Health Centre and the Service of Civil Protection and Emergency

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bodies specified in the contracts.

Response.

Poland Under the Act on Land Use Planning, competent authorities of SFS and IEP are obliged to give opinion on the study of the conditions and directions of the spatial management of a municipality and local spatial management plan, in the scope of: (a) location of new lower tier establishments (LTE) and upper tier establishments (UTE); (b) changes in the amount or type of dangerous substance or its physical and chemical states, fire and toxic characteristics; changes of technology or production profile and the changes that can lead to serious consequences associated with the major-accident hazards in LTE and UTE; (c) new investments and location of public space areas and residential areas in the neighbourhood of LTE and UTE, if these investments or areas increase major-accident hazards. There is also a new obligation to consult with IEP and SFS decisions concerning location of public goal investments and planning permissions, in the in the vicinity of establishments posing major accidents hazards.

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Serbia The current Serbian legislation (LEP) only includes the general provision to determine appropriate distances between “Seveso” establishments and other sensitive developments in the article which deals with “Spatial and Urban Planning”. LEP prescribe that spatial and urban plans shall ensure measures and conditions of environmental protection and in particular: defining areas to maintain appropriate distances between hazardous activities and residential areas, public areas and areas of particular sensitivity or interest for protection of human life and health and the environment. The conditions and measures shall be issued by the Ministry, autonomous province body or self-governance units at request of the authority in charge of plan preparation and its passing in, and on the basis of conditions and measures of competent authorities. The strategic environmental impact assessment shall be made for certain plans, programs and principles in the domain of spatial and urban planning or land utilization, agriculture, forestry, fishing, hunting, energy, industry, traffic, waste management, water management, telecommunications, tourism,

There is especially no transposition of the requirements regarding land-use planning around hazardous activities at all in the Serbian “Law on Planning and Construction” and it doesn’t contain a cross-reference to LEP.

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infrastructure systems, protection of natural and culture goods, flora and fauna and their habitats etc., and shall be an integral part of the plan, program or principle.

Sweden Consultation requirements in the SEA and EIA process states that all relevant authorities need to be consulted.


na

Netherlands The External Safety includes an obligation on local authorities to consult the Safety in decisions on issuing environmental permits from Seveso companies and land use planning in the vicinity. This is laid down in Articles 12 and 13 of the Decree on external safety devices.

Obligations to take measures can be part of the physical assessment or any activity involving hazardous substances in a given environment is acceptable or not. In spatial considerations are alternative ways to reduce the risk assessed. The result of the assessment is not legally standardized

Option E

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5. Please indicate whether and how the obligations under the Industrial Accidents Convention related to the minimization of the risk to the population and the environment through siting decisions (Art. 7) in order to prevent industrial accidents (Art. 3, para 1) and ensure emergency preparedness (Art. 8) are formally included into the decision-making regarding land use:

by other means - please specify

Austria A consulting between the regional land use planning and the regional emergency preparedness and the industrial safety authorities in the 9 Provinces

Bulgaria The Environmental Protection Act

Cyprus See reply in question 5

Lithuania See the answers to the question 5 (related to the EIA). It should be mentioned that not all the issues indicated in Annex V and Annex VI to the Industrial accidents Convention are included in the EIA report . Only general description of possible accidents and descriptive risk analysis are provided in the EIA report. Matters indicated in Annex V (Analysis and evaluation) and Annex VI (Decision-making on siting) are reflected in the Safety report of a certain dangerous establishment which is prepared prior to the start an operation of the hazardous activity. During the EIA procedure the environmental risks, including any transboundary effects, are evaluated and results of consultations and public participation processes are taken into account.

Romania NO

Switzerland NA

UK The UK’s provisions regarding the location of new major hazard sites and developments around existing major hazard sites are found in separate pieces of legislation: • In England and Wales the Planning (Hazardous Substances) Act 1990 (as amended) and the Planning (Hazardous Substances) (Scotland) Act 1997 contain provisions regarding Hazardous Substance Consent (HSC). This consent is required before hazardous substances may be stored in a particular area; the authority to grant this consent rests with the local government authority for that area. The Planning Act (Northern Ireland) 2011 contains similar provisions. • The Town and Country Planning (Development Management Procedure) (England) Order 2015, the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 and the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 contain provisions requiring the Health and Safety Executive to be

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consulted regarding the safety implications of a proposed development where it is located in a specified zone (the ‘consultation distance’) in the vicinity of a major hazard site. The Planning (General Development Procedure) Order (Northern Ireland) 2015 (as amended by The Planning (Hazardous Substances) (No.2) Regulations (Northern Ireland) 2015) contains a similar provision in respect of the Health and Safety Executive Northern Ireland (HSENI) These provisions satisfy the requirement under TEIA Art. 7 that policies be in place regarding the siting of both major hazard sites themselves and developments in the vicinity of such establishments. Additionally, new establishments which are intending to store hazardous substances are also likely to require planning permission under the Town and Country Planning Act 1990. • Development legislation requires planning authorities to take account of the objectives of the Seveso III Directive and to include in their unitary development plan land use policies relating to the development of land within the vicinity of major accident hazard site. The Town and Country Planning (Development Plan)(England) Regulations 1999 require local planning authorities to consider the issues around the relative locations major hazard sites and other development when preparing their unitary development plan. The Planning (Local Development Plan) Regulations (Northern Ireland) 2015 (as amended by The Planning (Hazardous Substances) (No.2) Regulations (Northern Ireland) 2015) contain similar provisions. • The Town and Country Planning (Development Management Procedure) (England) Order 2015, the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 and the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 also contain requirements to consult HSE on applications for new establishments which will store hazardous substances. The Planning (General Development Procedure) Order (Northern Ireland) 2015 (as amended by The Planning (Hazardous Substances) (No.2) Regulations (Northern Ireland) 2015) contains a similar provision in respect of the Health and Safety Executive Northern Ireland (HSENI) Further (in relation to England and Wales) under the Planning Act 2008, promoters of major infrastructure projects (e.g. new power stations, wind farms) in England and Wales are required to consult HSE about such applications before submitting its application to the Planning Inspectorate (PINS). PINS has a duty to consult HSE when it receives an application. This legislation has been updated in line with Seveso III but the fundamental principles have not changed. There is separate legislation for England, Wales and Scotland.

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Through a cross government group these bodies, and HSE will continue to examine whether further improvement to the system for decision making around siting of hazardous installations.

A.1.1.6 Please indicate how the matters indicated in Annex V (Analysis and evaluation) and Annex VI (Decision-making on siting) to the Industrial Accidents Convention are formally required to be considered in the decision-making regarding land use policies

Option A and B

Country 6. Please indicate how the matters indicated in Annex V (Analysis and evaluation) and Annex VI (Decision-making on siting) to the Industrial Accidents Convention are formally required to be considered in the decision-making regarding land use policies

by way of including them into the respective environmental assessment (SEA or EIA) - please specify and provide examples

by way of including them into the land-use planning legislation or policies e.g. via a separate assessment of industrial safety – please specify and provide examples

Armenia RA Law on Environmental Impact Assessment and Appraisal

Austria General information on SEA: Austria has implemented the requirements of the SEA Protocol for land use plans into the existing land use planning acts at provincial level. The SEA requirements have been integrated into the planning procedures. To a certain extent risks and safety aspects are taken into account within the SEA on an individual basis in

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practice if they are relevant for the assessment. Safety and risk aspects may also have an influence in certain cases in relation to the development of alternatives or to mitigation measures or other SEA steps.

Belgium (Flemish)

Flemish Region: In the Flemish Region there is an obligatory consultation of the competent authority. This authority decides whether or not further examination/assessment is necessary in order to take fully into account industrial safety. A spatial safety report might be required in case of land use planning (for example for industrial parks with Seveso companies or for particular spatial developments in the neighbourhood of Seveso-companies)). For siting and modifications of upper tier Seveso-companies a safety report is required.

Belgium (Wallone)

Risk Analysis : ‘Notice d’identification des dangers’ + ‘Etude de sureté’ (Environnemental permit)

Vulnerable areas around the Seveso sites (regional authorities)

Bulgaria Yes, by way of including them into the EIA for the projects listed in Annex I and Annex II of the EIA Directive.

Yes, by way of including them into the separate assessment of industrial safety for the projects excluded from Annex I and Annex II of the EIA Directive


Czech Act No. 183/2006 Coll. and Act No.

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Republic 100/2001 Coll. – it shall be a part of the environmental report (Annex 4, Annex 9)

Denmark The Danish EPA or the relevant Local Competent Authority are as part of the environmental assessments obliged to conclude on the appropriate siting. They do this by evaluating relevant accident scenarios and by consulting the Local Planning Authority on the quality of the data, appropriateness and conclusions

Any changes in land-use planning must be accompanied by a consultation of the relevant competent authority that do the SEA or EIA

Estonia According to Chemical Act there are duties of operator of dangerous enterprise and enterprise with major hazard (1) A person handling hazardous chemicals must determine the hazardousness of the enterprise based on the maximum possible quantity of the chemicals handled. (2) Based on the hazardousness of the enterprise, the operator must draw up the following documents: 1) a data sheet, risk analysis and emergency plan if the enterprise is a category C enterprise (dangerous enterprise); 2) a data sheet, risk analysis, description of the safety management system and emergency plan if the enterprise is a category B enterprise with a major hazard (lower-tier); 3) a data sheet, safety report and emergency plan if the enterprise is a category A enterprise with a major hazard (upper-tier). The safety report also contains a risk analysis and a description of the safety management

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system. (3) Upon prevention of an accident and in the event of an accident, the measures set out in the risk analysis, safety report, emergency plan and description of the safety management system must be taken. (4) If in the case of a dangerous enterprise and an enterprise with a major hazard the domino effects are likely, their operators will mutually exchange necessary information in order to take appropriate measures and cooperate upon notifying the public. (5) To test the emergency plan, the operator of an enterprise with a major hazard organises a training exercise at least once every three years. The Rescue Board is informed of the training exercise at least 20 working days before the exercise. (6) Rescue Board competence is to draw up the external-enterprise emergency plans for a upper-tier enterprise with a major hazard. Informing of public (1) The operator of an enterprise with a major hazard must preventively inform the public and the persons who may be located in the accident impact zone about the major-accident risk arising from the enterprise, safety precautions and advisable conduct in the event of an accident. (2) In the event of an accident in a dangerous enterprise or enterprise with a major hazard, the operator will immediately inform persons located in the accident impact zone about the accident.

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(3) If a modification planned in the handling of a hazardous chemical results in exposure to a major-accident risk or a substantial increase thereof, the planning proceedings or environmental impact assessment proceedings will ensure that the public is given the chance to express their opinion before implementing it. (4) The Rescue Board will communicate information on a cross-border major-accident risk arising from a category A enterprise (upper-tier) with a major hazard to states that may be affected by such accident. The comprehensive, special or detailed spatial plans (hereinafter plan) and building design documentation must be submitted to the Rescue Board for approval in the following events: 1) upon selection of the location of a new establishment; 2) upon expansion of the operations of an existing establishment or increasing production, provided that a plan needs to be initiated or amended or a building permit needs to be granted for such an activity; 3) upon planning an area located in the danger zone of a dangerous enterprise and of an enterprise with a major hazard or upon planning construction works there. Upon approval, the Rescue Board assesses: 1) whether the plan or construction works increases the major-accident hazard or the severity of the consequences thereof; 2) whether the measures planned for

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prevention of an accident are sufficient; 3) before the establishment of the plan or granting of a building permit, the operator of the establishment must submit additional information to the local authority and to the Rescue Board. The Rescue Board may refuse to grant its approval if the activity planned in the plan or in the building design documentation increases the risk of a major accident or the severity of the consequences thereof and the measures planned for the prevention of an accident are not sufficient.

Germany Germany: In the respective environmental assessment (SEA or EIA) these safety considerations are nearly not mentioned. The SEA or EIA have no specific obligations.

Germany: The separate assessment of industrial safety is part of the assessment procedure following the Seveso-III-Directive and Störfall-Verordnung, especially to create a safety report for highly dangerous sites. Otherwise Annex V and Annex VI aspects should be included in the land-use-planning procedure of the Baugesetzbuch.

Finland As noted earlier the SEA regarding the land use plans is implemented through the Land Use and Building Act (132/1999). The act (Section 9 ) states ”Impact assessment in connection with planning: Plans must be founded on sufficient studies and reports. When a plan is drawn up, the

see previous answer There are also areas where a separate, comprehensive assessment of industrial safety has been done in conjunction to the land-use planning of the area. One example is the Kilpilahti industrial area

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environmental impact of implementing the plan, including socio-economic, social, cultural and other impacts, must be assessed to the necessary extent. Such an assessment must cover the entire area where the plan may be expected to have material impact. “ In the Land Use and Building Decree this requirement is further elaborated in section 1: “Impact assessment in connection with planning: When a land use plan’s impact as referred to in section 9 of the Land Use and Building Act (132/1999) is investigated, the purpose of the plan, earlier investigations and other factors affecting the need for investigation must be taken into account. Investigation must provide the data necessary for assessing the significant direct and indirect impact of the plan’s implementation on the following: 1) people’s living conditions and environment; 2) soil and bedrock, water, air and climate; 3) plants and animals, biodiversity and natural resources; 4) regional and community structure, community and energy economy and traffic; 5) townscape, landscape, cultural heritage and the built environment.”

Lithuania The Law on Territorial Planning and its implementing acts requires that the documents of territorial planning must be based on the legal requirements of environmental protection, preservation of

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landscape, natural and cultural heritage values, urban and architectural development, development of engineering and social infrastructure; protection of population, etc. The FRO is one of the authorities designated to be consulted during the preparation of territorial planning documents according to the procedure established by the Law on Territorial Planning and its implementing acts. During this procedure the FRO also takes into account the information that is provided in the safety report of dangerous establishment. The operator of a upper-tier dangerous establishment is obliged to prepare a safety report as required by the Regulations on Prevention of, Response to and Investigation of Industrial Accidents , adopted by Resolution NQ 966 of the Government of the Republic of Lithuania of 17 August 2004. The matters indicated in Annex V (Analysis and evaluation) are required to consider in the safety report (there are the Guidelines for the preparatio n of the safety report of dangerous establishment adopted) The FRO shall give the planning conditions to the territory planning organiser and shall hold consultations with the author of the territory planning document according to the information that is provided in the safety report of a higher-tier dangerous establishment regarding the risk posed by the establishment; the FRD shall have the right to demand, for territory planning purposes , that

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the operator of a lower-tier dangerous establishment provide information on the risk associated with the establishment.

Portugal If the new sites or the changes on existing ones are subject to Environmental Impact Assessment, the procedure of land use compatibility assessment under Decree-Law 150/2015 (Seveso III) is integrated on the Environmental Impact Assessment procedure. In this case, the Environmental Impact Report will include the information related to major accidents and the land use compatibility will be evaluated in this framework. A guidance with the contents of the land use compatibility study is available - Formulário de Avaliação de Compatibilidade de Localização (APA, 2011). In regard to SEA, it is provided, on a case by case basis, support to local planning authorities when he municipal land use plans are being reviewed and/or the strategic environmental assessment is taking place. The support is based on the information provided by operators under Decree-Law 150/2015 (Seveso III), namely the safety report and the land use compatibility study.

Decree-Law 150/2015 establishes the aim to maintain appropriate distances between establishments covered by this Directive and sensitive developments (existing or planned), trough the definition or revision of municipal land use plans. This regulation establishes the creation of a cadastre of the hazardous areas related to the establishments, which will improve the implementation of these dispositions. Nowadays, it is provided, on a case by case basis, support to local planning authorities when he municipal land use plans are being reviewed. The support is based on the information provided by operators under Decree-Law 150/2015 (Seveso III), namely the safety report and the land use compatibility study. A new regulation on land use planning is under preparation, regarding the criteria applicable to the decision making process.

Poland The evaluation of the environmental risks, including any transboundary effects is included in the EIA/SEA report if there is risk of such effect. The public is consulted within both procedures. Modifications to existing hazardous activities

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are subject to SEA/EIA when there is a risk of significant adverse effect on the environment

Romania Within land use plans are included information regarding the aspects indicated in Annex V (Analysis and evaluation) and Annex VI (Decision-making on siting)

Serbia Considering the matters indicated in Annex V (Analysis and evaluation) and Annex VI (Decision-making on siting), there were requests from CA for spatial planning for development measures and future construction around existing Seveso establishments, at the time of development of new spatial plans. Ministry has been given such development measures based on adopted safety distance of 1000 meters around Seveso establishments of area that may be affected by major chemical accident. Specific development measures and specific safety distances have been given for those spatial plans that include area around Seveso establishments who’s Safety Reports and Emergency Plans have been evaluated, so that safety distances deriving from worst case scenario can be treated as proven. Specific safety measures, deriving from evaluated Safety Reports and Emergency Plans, include even ban of further development of non-industrial infrastructure around Seveso establishments at specific distances from

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worst case scenario where 50% casualties for unprotected population may be expected. This includes also prescription of specific safety measures for further development around Seveso establishments at specific distances from worst case scenario that include the zone outside the zone of expected 50% casualties for unprotected population until the safety zone.

Slovenia The siting plan relating to modification of National Port Koper could be taken as an example when the hazards relating to the industrial accidents with hazardous substances have been taken into account. These hazards in connection with the planned modifications have been analysed in the SEA report and the conclusions of the analysis relating to the prevention of an accident and to reduction of possible harmful effects have been taken into account in the siting plan to the extent possible ( the strategic level).

Sweden Annex VI is included in the SEA-process according to the Environmental Code chapter 6 § 16.

Annex 5 is mainly included in the process of environment permits for Seveso establishments.


na

Netherlands Seveso establishments are required to make a quantitative risk assessment ( QRA) . The QRA has a risk profile with an individual risk of 10-6. This risk contour is a legal limit for

De genoemde QRA bevat ook een berekening van het groepsrisico van een Seveso-bedrijf. Het groepsrisico wordt door locale overheden gebruikt voor ruimtelijke afwegingen rondom

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maintaining distances between Seveso companies and eg housing, hospitals , shops and the like in the area of Seveso companies . The QRA can also give reason for adopting security measures at a Seveso company. In addition, make Seveso companies use an environmental risk assessment to establish the effects of a major accident to the surface of the screen. To create an environmental risk assessment is a tool available called PROTEUS .

Said QRA also includes a calculation of societal risk of a Seveso company. The group risk is used by local authorities for spatial considerations around Seveso companies . In addition , possible alternative options were considered to reduce the risk to groups of people near a Seveso company. Alternatives may be safety or maintaining distances or choosing destinations where few people are present. Balancing the group risk is a legal obligation when issuing environmental permits for Seveso companies and for spatial planning around Seveso companies . The result is not standardized.

Option C & D

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6. Please indicate how the matters indicated in Annex V (Analysis and evaluation) and Annex VI (Decision-making on siting) to the Industrial Accidents Convention are formally required to be considered in the decision-making regarding land use policies

by other means - please specify and provide examples

No formal requirement

Austria Fosters a consulting between the different regional authorities.

Israel No formal requirement

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Lithuania Resolution NQ 1467 of the Government of the Republic of Lithuania of 23 December 2014 On amending Resolution NQ 967 of the Government of the Republic of Lithuania of 18 August 2004 "On approval of the Order of strategic assessment of the effects of plans and program mes on the environment" contains particular section on the matter: - Screening (Section V)

Romania No No

Sweden An SEA will be compulsory because building in vicinity of large scale industrial facility or establishing a new large scale industrial facility is always significant environmental impact.

The municipality determines delimitation and the scope of the assessment.

Switzerland NA NA

UK Matters required to be considered as part of the decision making process (as indicated in Annex V “Analysis and evaluation” and VI “Decision making”) are addressed through compliance with COMAH and UK’s land use planning legislation, for example: Reg. 9 COMAH requires site operators to produce an on-site emergency plan, which sets out their arrangements for dealing with the on-site consequences of possible major accidents, whilst reg. 12 requires the person who has prepared an emergency plan to put it into effect without delay when a major accident occurs. Reg. 14 COMAH requires operators to

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provide relevant information to the public regarding safety measures at the establishment and advised behaviour in the event of a major accident. The Planning (Hazardous Substances) Act 1990 (as amended), contains provisions regarding Hazardous Substance Consent (HSC). This consent is required before hazardous substances may be stored in a particular area; the authority to grant this consent rests with the local government representatives for that area. The Town and Country Planning (Development Management Procedure) (England) Order 2015 contains provisions requiring the Health and Safety Executive to be consulted regarding the safety implications of a proposed development where it is located in a specified zone (the ‘consultation distance’) in the vicinity of a major hazard site (there is corresponding legislation in Wales, Scotland and Northern Ireland). .

A.1.1.7 For countries that integrate industrial accidents safety considerations into the land use planning via SEA, please indicate if and how they are included into the following stages of the assessment procedure (set out in the Protocol on SEA ):

Option A and B

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For countries that integrate industrial accidents safety considerations into the land use planning via SEA, please indicate if and how they are included into the following stages of the assessment procedure (set out in the Protocol on SEA ):

(a) screening (determination of whether a minor modification to existing land-use plan or a land-use plan determining the use small areas at local level is likely to have significant environmental, including health effects – SEA Protocol article 5

(b) scoping i.e. determination of the scope of the assessment and the relevant information to be included in the environmental report - SEA Protocol article 6

Armenia In the course of SEA and appraisals

RA Law on Environmental Impact Assessment and Appraisal stipulated provision of ToR for development of a technical report

Austria General information: The screening criteria according to annex III SEA Protocol have been implemented; therefore the risks to the environment including health issues are taken into account

See answer under 6

Belgium (Flemish)

Flemish Region: In Flanders it is not included in SEA but in a separate screening to check the presence of Seveso companies within a 2 km radius of the concerned project/plan site.

Flemish region: Relevant information concerned the Seveso-test is part of the scoping. If a safety report is present, the SEA needs to refer to that report and to include relevant conclusions from the safety report.

Bulgaria According to the guidance letter (N 05-08-6523/12.10.2015) MoEW/RIEWs carried out the following for land use plans : 1. For land use plans for sitting of enterprises / facilities with low and high risk potential: • Check if there is EIA procedure carried out for the investment proposal for sitting of such facilities – if that is the case – check if within the EIA procedure is submitted and evaluated information about the dangerous substances, major accidents risks and measures for prevention, control and limitation of consequences of major accidents for the

According to the guidance letter (N 05-08-6523/12.10.2015) within the consultation phase on the scoping report for Municipal spatial plans MoEW/RIEWs requires the following information to be included in the SEA report (usually for Municipal ): • The presence and location of the existing enterprises/facilities with high or low risk potential (which construction and exploitation is permitted according to Chapters 6 (SEA and EIA) and 7 (Industrial Accidents)) and for the established spatial areas of serious damages outside the

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environment and human health; • Check if there is approved safety report; • Safety distances from the enterprise/facility to residential areas, buildings and areas of public use, recreational areas, neighboring enterprises and oblects, areas and constructions that could be the source of or increase the risk or consequences of a major accident and cause domino effect, major transport routes and areas of particular conservation significance and environmental importance. If for the investment proposal for enterprise/facility is carried out the EIA procedure and above mentioned requirements are met, the competent environmental authority informs the developer of the of the plan that the SEA procedure is not required (according to the provision in art. 91, para 2 of Environmental Protection Act - when the investment proposal included in Annex 1 and 2 of the Environmental Protection Act requires the preparation of a separate plan, the competent environmental authority may at the request of the developer or at its own discretion make only one of the assessments – EIA or SEA. The provision applies to the detailed land-use plans under the Territorial Development Act, which assign respective territories to implement a specific investment proposal in Annex 1 and 2 of the Environmental Protection Act.).

boundaries of the enterprises in a major accident situation; • If safety distances are not established MoEW/RIEWs provides information about the applicable legislative acts (if any) which determine the minimum safety distances; MoEW/RIEWs requires from the developer to ensure the safety distances in the draft of the spatial plan.

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If the requirements are not met (there is no EIA procedure carried out or the other above mentioned requirements are not fulfilled) the competent environmental authority provides instructions for carrying out EIA procedure. The point is that this does not allow the adoption of a detailed development plan and land use change until ensuring of safety distances. 2. When the land use plan is for new residential areas, transport routes and areas of public use: • The competent environmental authority provide information to the developer for the presence and location of the existing enterprises/facilities (if any) in the territory of the plan/plan modification or close to its borders, as an information about the risk potential of this/these enterprises/facilities, permitted activities and the type and maximum quantities of dangerous substances that are allowed. For the enterprises with high risk potential the competent environmental authority provides additional information to the developer about the parameters of spatial areas of high mortality and serious damages outside the boundaries of the enterprise in a major accident situation, identified and described in the approved safety report. This information should be used by the developer to ensure safety distances and monitoring measures;

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• As a part of screening documentation from the developer should be submitted the following: to consider the location of the objects and facilities in the territory of the land use plan with the adopted safety distances, or – to identify safety distances if they are not adopted with the Municipal land use plan; as a part of the screening information, the developer should submit analysis of the expected adverse effects, resulting from the increasing of the risk and the consequences from major accident situation from existing enterprises/facilities with risk potential; • At the stage of submitting of the screening information to the competent environmental authority, if there are special legislative requirements for safety distances for the enterprise/facility, documentation is sent for opinions to the competent authorities for constructions. • The screening decision includes information on the accordance with the safety distances and if necessary – conditions and measures; • Screening decision is a subject to public access and appealing

Czech Republic

NONE NONE

Denmark Act of environmental assessment of plans and programs 2015-12-10 nr. 1533 Art. 4 and

The Statutory Order 2006-12-14 nr. 1666 specifies that local Land-use Planning

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Annex 2 The inclusion of industrial accidents safety considerations are not particularly specified but is included in the general setting of the rules considering possible environmental effects

Authority is consulted on the adequacy of the documentation used for the environmental report. Hence they are able to impact the scope of the following assessment Act of environmental assessment of plans and programs 2015-12-10 nr. 1533 Art. 7 and Annex 1

Estonia According to the general principle of the spatial planning system the existing land-use plan can be modified/amended by preparing a new spatial plan and for the new plan screening is carried out in relevant cases (i.e. if SEA is not mandatory). The idea is that the relevant amendments made by the new plan must be introduced in the previously adopted plan. Regarding the land-use plans determining the use small areas at local level (i.e. detailed spatial plans) the requirements of screening/mandatory SEA are stipulated in the respective acts. A comprehensive list of SEA screening criteria is stipulated in the SEA legislation. Among other screening criteria particularly the following criteria can be brought out: the risks to human health or the environment, including the probability of accidents. In addition all the authorities concerned must be consulted during screening (e.g. in relevant cases also the Rescue Board and the Health Board).

Regarding all spatial plan types listed in question 3(a) (except detailed spatial plan) the memorandum of intention to conduct SEA must be drawn up which is the basis for the drawing up the SEA report. The memorandum states the extent and preliminary schedule of the assessment and the significant environmental impact that may presumably result from the implementation of the plan (including the impact on human health, the possibility that the implementation of the plan produces a cross-border impact, the possible impact on areas part of the Natura 2000 network) and any other relevant information that the authority arranging the preparation of the plan is aware of. So in relevant cases also industrial accidents safety considerations are included. It can be added that in the case of other strategic planning documents (i.e. not spatial plans) the analogue of the memorandum of intention to conduct SEA is the SEA programme.

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Finland Screening is not done as impact assessment has to be done for all land use plans

A participation and assessment scheme is done for all land use plans

Israel In the Law no. 91/2013 “On Strategic Environmental Assessment”, Article 8, it’s foreseen the screening stage for all proposed plan or program in the fields of application regarding the provisions of article 4, paragraph 2 of the SEA Protocol and the Ministry of Environment should undertake consultations with stakeholders and decides if the proposed plan or program should undertake the SEA procedure. This procedure is in accordance with article 5 of SEA Protocol

In the Law no. 91/2013 “On Strategic Environmental Assessment”, article 8, paragraph 2/c and article 9 it’s foreseen the scoping stage for all proposed plan or program in the fields of application regarding the provisions of article 4, paragraph 2 of the SEA Protocol that should undertake the SEA procedure and the follows stakeholders should be consulted: a. institutions of public health protection; b. local government units; c. institutions protecting agricultural land; d. environmental organizations (NGOs) active in the field of environmental protection and registered under the legislation in force; e. other institutions identified with liability in the proposal (line ministries etc.). This procedure is in accordance with article 6 of SEA Protocol

Lithuania Resolution NQ 1467 of the Government of the Republic of Lithuania of 23 December 20 14 On amending Resolution NQ 967 of the Government of the Republic of Lithuania of 18 August 2004 "On approval of the Order of strategic assessment of the effects of plans

Resolution NQ 1467 of the Government of the Republic of Lithuania of 23 December 20 14 On amending Resolution NQ 967 of the Government of the Republic of Lithuania of t 8 August 2004 "On approval of the Order of strategic assessment of the effects of plans

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and programmes on the environment" contains particular section on the matter: Scoping document (Section VI).

and programmes on the environment" contains particular section on the matter: - Assessment report (Section VII)

Moldova The Republic of Moldova is now at the stage of development and coordination of a law on strategic environmental assessment. So far, SEA matters are not legislatively regulated. The country has not ratified the SEA Protocol yet. - Some elements of strategic environmental assessment are reflected in Law # 317 of 18.07.2003 on Regulations of the Government and Other Central and Local Public Authorities, namely - opinions of the central body in charge of environmental protection shall be sought in the course of development of plans and programs.

Portugal In this regard, a guideline related to the integration of major accidents prevention in the SEA of land use municipal plans is available, in Portuguese: Guia para a integração da prevenção de acidentes graves na avaliação ambiental estratégica dos planos municipais de ordenamento do território (APA, 2011). This guideline specifies if a land use plan includes areas where Seveso establishments are located and where they can be located, there should be a SEA procedure that into account the major

In this regard, the guideline related to the integration of major accidents prevention in the SEA of land use municipal plans is available, specifies criteria to take into account when defining the scope of the SEA, such as the objectives of the plan in what regards the development of industrial areas.

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accidents prevention.

Poland As described above – In case of SEA report, the requirements are more general and include effects on the various components of the environment. If there is a risk of a serious industrial accident that might cause significant adverse effect on the environment, it is included in the analysis

Romania Yes. In Romania's territorial development strategy which is close to completion, on the SEA procedure it is identified an environmental objective relevant (EOR 17) “ The prevention the effects of technological risks (nuclear accidents, industrial and transport accidents, etc.), biological (e.g. epidemics, etc.) and from fire. As a measure its was foreseen: adapting some measures for regulating the location of objectives Seveso in areas where occur frequently earthquakes / floods / landslides to the major cities, and therefore is diminished considerably he risk of production of industrial accidents and default the possibility of affectation of human health and environment.

Serbia Appendix I (Law on SEA) – Criteria for determining the potential significant impact characteristics Environmental protection issues related to plans and programmes and possibility of impact on:

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11) Infrastructure, industrial and other structures

Slovenia Not yet practice Not yet practice

Sweden There is no formal process for assessing the Environmental report.

The municipality identifies who shall be consulted during the process. Final documents always consulted withe the public.

Switzerland Na Na

Netherlands QRA also includes a calculation of societal risk of a Seveso company. The group risk is used by local authorities for spatial considerations around Seveso companies. In addition, possible alternative options were considered to reduce the risk to groups of people near a Seveso company. Alternatives may be safety or maintaining distances or choosing destinations where few people are present. Balancing the group risk is a legal obligation when issuing the legal limit for board-related risks around Seveso companies is applicable. Changes that do not cause exceeding the local risk are allowed. If that is the case there is no need SEA to be drawn as regards this aspect. There may be other environmental aspects that do require a SEA. Netherlands there is an obligation on governments to report the location and (hazards) characteristics of high-risk

Many municipalities have drafted a policy on external safety in which they indicate what principles they use when evaluating projects involving external security risks are connected and where they can get ( see, for example , where relevant , they pay an EIS to this framework. The competent authority may also ask the NCEA voluntary scoping opinion. If external security an important and particular attention is being written by NCEA 'dedicated' texts (example : Calandbrug - Theemswegtracé27

27 http://api.commissiemer.nl/docs/mer/p30/p3074/a3074rd.pdf )

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activities in a register (the risk map, www.risicokaart.nl).

Option C and D

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(c) environmental report- SEA Protocol article 7

(d) public participation - identification of the public concerned - SEA Protocol article 8

Armenia Environmental report

It is stipulated by RA Law on Environmental Impact Assessment and Appraisal, and by Regulation on Public Notification and Public Discussions (# 1325 of 19.11. 2014)

Austria See answer under 6

In Austria everyone can participate in an SEA

Belgium (Flemish)

Flemish region: Relevant information concerned the Seveso-test is part of the scoping. If a safety report is present, the SEA needs to

Flemish region: For each land use plan public participation is obligatory

.

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refer to that report and to include relevant conclusions from the safety report

Bulgaria SEA report and the draft plan, together with all annexes, are submitted to MoEW/RIEW for opinion within consultation stage. The opinion of the competent environmental authority includes (if necessary) additional conditions and measures, which at the next stage of the SEA procedure are included in the final SEA statement and the developer is obliged to fulfill them.

Pursuant to item 24 §1 of the Additional Provisions of the Environmental Protection Act, “public” is one or more natural or legal persons and their associations, organizations or groups established in accordance with national legislation. Pursuant to item. 25 §1 of the Additional Provisions of the Environmental Protection Act, “the public concerned” is the public under item 24, which is affected or likely to be affected, or having an interest in the procedures for approval of plans, programs and investment proposals and taking decisions on the issuance or update of permits under this Act or on the conditions of the permit, including environmental non-governmental organizations established in accordance with national legislation. Identification of the public concerned is made case by case depending of the plan location and characteristics

Czech Republic

NONE

Denmark The Statutory Order 2006-12-14 nr. 1666 specifies that local Land-use Planning Authority is consulted before final accept of the siting Act of environmental assessment of plans and programs 2015-12-10 nr. 1533 Art. 7 and Annex 1

The Statutory Order 2006-12-14 nr. 1666 specifies that it is the Competent Authority that identifies the public concerned Act of environmental assessment of plans and programs 2015-12-10 nr.1533 Art. 8

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Estonia The requirements on the content of SEA report are stipulated in the SEA legislation. Depending on the particular strategic planning document the SEA report must contain all the information that may be reasonably required, including also industrial accidents safety considerations if relevant

The requirements on the involvement/notification of the public and authorities regarding the different stages of the spatial planning procedure are stipulated in the Planning Act. As a general rule any person who may have an interest in the spatial plan may be invited to participate in the preparation of the plan, as may any person who has expressed an interest in being invited to participate. The general principle of environmental assessment is that everyone has the right to access the SEA documentation and other relevant documents at the time of the publication

Finland For all land use plans impact assessment is reported as a part of the plan statement

Public participation is possible in all planning stages; e.g. the plan proposal is presented in public

Israel In the Law no. 91/2013 “On Strategic Environmental Assessment”, Article 10 “Drafting and consultation, of SEA preliminary report, with the public and stakeholders” and article 11 “Drafting of the final report of SEA”, are in accordance with article 7 of SEA Protocol

The Decision of Council of Ministers no. 219, dated 11.03.2015 "On establishing the rules and procedures for consultation with stakeholders and the public, and public hearing during the process of strategic environmental assessment" is in accordance with article 8 of SEA Protocol.

Lithuania The stipulations on the public participation concerning SEA - for the sake of being more specific are laid down in two legal acts: - for the territorial planning documents -in the Regulations on public information, consultation and participation in decision-

Resolution NQ 1467 of the Government of the Republic of Lithuania of 23 December 2014 On amending Resolution NQ 967 of the Government of the Republic of Lithuania of 18 August 2004 "On approval of the Order of

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making on territorial planning, approved by the Government of the Republic of Lithuania; - for other plans and programmes -guided by the Order of public participation in plans and programmes strategic environmental assessment procedures and information of the stakeholders and EU Member States, approved by the minister of Environment

strategic assessment of the effects of plans and programmes on the environment" contains particular section on the matter: - both environmental and health authorities are included into the list of the participants of assessment process as laid down in the "Participants of assessment process and their functions" (Section IV);

Moldova The definition is specified in a due law - Law # 86 of 29.05.2014 on Environmental Impact Assessment Concerned public means the public whose interests are impacted or may be impacted, or who are interested in environmental decision-making.

Portugal In this regard, the guideline related to the integration of major accidents prevention in the SEA of land use municipal plans is available, specifies recommendations related to the definitions of objectives, indicators, criteria and measures to minimize the risk related to the implementation of the plan.

The SEA national legal framework regarding public participation is in accordance with the Aarhus Convention and the SEA Directive. The public concerned (i.e. citizens, companies, non-governmental environmental organizations (NGOs)) is defined on a case by case approach depending on the type of plan or programme and their location. It is however mandatory to consult municipalities in case of a local or regional plan or programme as well as the Regional Coordination and Development Commissions in case of a national plans or programme. NGOs are commonly consulted. The Portuguese Environment Agency maintains the national register of NGOs whose contacts

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are available for public participation purposes.


Romania Yes Yes

Serbia Article 12- Strategic assessment Report- Content of Report Article 15 – assessment of potential Impact- The assessment of potential impact of plans and programmes on the environnement Shell consist of the following elemets : The way in wich the environment elements have been taken into consideration in the impact assessment- Industrial and man made values

Article 19 – Public Participation Competent authority responsible for the plan and programme preparation shall provide for public participation in the strategic assessment report consideration prior to submission of application for granting the approval for the strategic assessment report. Public insights and debate shall be organised, as a rule, as a part of plan and programme presentation and public debating in compliance with law regulating the plan and programme adopting procedure. If the law regulating plan and programme adoption procedure does not stipulate public insight and debate on the plan and programme, the authority responsible for the plan and programme preparation shall make a decision on the plan and programme adoption, or shall make a special decision to organise public insight and debating

Slovenia Experts who prepare environmental report assess all environmental issues and based on their expert opinion suggest best solution for

SEA report is presented to the public in public hearings for national and local land-use and siting plans. Public has 30 days to

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Country




the plan.

express their views and comments to the drafts of these plans

Sweden The municipality identifies who they shall consult.

Swedish Environmental Protection Agency is point of contact for the SEA Protocol and point of contact for transboundary consultation

Switzerland Na Na

Netherlands In land use or zoning outer housing which allow state , where relevant, a cut in the risk map (eg zoning outlying Heemskerk see page 99 ; See also the risk map , www.risicokaart.nl ) which makes it clear that new developments do not lead to bottlenecks ( the start documents on such projects often give rise to have specific / additional request for Example v / e exception . Bergwijkpark Diemen located between transport routes is28

For this, the standard procedures apply

Option E and F

Country


28 http://www.commissiemer.nl/advisering/afgerondeadviezen/2860 ).

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(e) consultation with environmental and health authorities - SEA Protocol article 9

(f) transboundary consultations - SEA Protocol article 10

Armenia 1) It is stipulated by RA Law on Environmental Impact Assessment and Appraisal, and 2) by Regulation on Appraisal Procedures (# 399 of 04.09.2014)

Austria See answer under 3 c

See answer under 6

Belgium (Flemish)

Flemish region: Included in Flanders. See point 3c). Depending on the type of plan the relevant authorities are asked for advice.

.Flemish region: Included in Flanders. If transboundary impact is expected, the necessary transboundary consultations take place.

Bulgaria Within the SEA report consultation stage the competent environmental and health authorities, as the other interested/affected authorities and public have the opportunity to submit statements on the SEA report, including on the major risk accidents information and evaluation

There are not any specific provisions or guidelines for transboundary consultations

Denmark The Statutory Order 2006-12-14 nr. 1666 specifies that Land-use Planning Authority and the Competent Authority on environmental and health aspects are obliged to consult each other Act of environmental assessment of plans and programs 2015-12-10 nr.1533 Art. 7.4

The Statutory Order 2006-12-14 nr. 1666 specifies that the Competent Authority are obliged to notify the Focal point to the Industrial Accidents Convention (Danish EPA). Act of environmental assessment of plans and programs 2015-12-10 nr.1533 Art. 5 and 10.2

Estonia Regarding spatial plans several consultation phases with the relevant authorities (and also with the public) take place during the preparation of the plan (e.g. opinions are asked, public displays and discussions). Nevertheless in this context the most important stage would be the procedural step when the spatial plan and SEA report are submitted for approval to the relevant authorities (e.g. in relevant cases also the Rescue Board and the Health Board). It can

As Party of origin the documentation sent to the affected Parties should also include industrial accidents safety considerations if relevant. The same approach is also pertinent from the affected Party’s viewpoint

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Country




be added that regarding the designated spatial plans the procedure is a bit different.

Finland Negotiations between authorities are being arranged. An opinion regarding plan proposals are also requested from relevant authorities

Authorities and the public of a state that might be affected by the plan is given an opportunity to take part in participation and interaction procedures related to compilation of the plan and its SEA

Israel The Decision of Council of Ministers no. 219, dated 11.03.2015 "On establishing the rules and procedures for consultation with stakeholders and the public, and public hearing during the process of strategic environmental assessment" is in accordance with article 9 of SEA Protocol.

The Decision of Council of Ministers no. 620, dated 07.07.2015 "On approval of rules, responsibilities and procedures detailed strategic environmental assessment in a transboundary context" is in accordance with article 10 of SEA Protocol

Lithuania Resolution NQ 1467 of the Government of the Republic of Lithuania of 23 December 2014 On amending Resolution NQ 967 of the Government of the Republic of Lithuania of 18 August 2004 "On approval of the Order of strategic assessment of the effects of plans and programmes on the environment" contains particular section on the matter : - Transboundary consultations (Section VIII)

Resolution NQ 1467 of the Government of the Republic of Lithuania of 23 December 2014 On amending Resolution NQ 967 of the Government of the Republic of Lithuania of 18 August 2004 "On approval of the Order of strategic assessment of the effects of plans and programmes on the environment" contains particular section on the matters: - Relationship between assessment and decision making (Section IX); - Monitoring (Section X).

Portugal In the SEA procedure, and according the Decree-Law 232/2007 of 15 June, the entities consulted depend on the specific plan and the potential effects of it application. If a land use

Portuguese legislation provides, in Article 8 of the SEA Decree, the minimum procedures for carrying out of transboundary consultations in the case of plans or

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Country




plan includes areas where Seveso establishments are located, the Portuguese Environment Agency is consulted regarding Industrial Accidents

programmes developed in the country that are likely to have significant environmental effects into another Member State of the European Union. The results of the consultations held in other Member States must be transmitted to the national authorities responsible for preparing plans and programmes. In the case of plans and programmes developed by other Member States, with likely significant effects on the environment on the territory of Portugal, there is the possibility to participate in the Strategic Environmental Assessment process. It is the Portuguese Environment Agency responsible for carrying out the consultations on these non-national plans and programmes in Portugal, whose results are then transmitted to the Spanish authorities. In both cases, the consultations take place on the Environmental Report and corresponding version of the plan or programme. There is a bilateral protocol between Portugal and Spain since 2008 (the only EU Member State with which Portugal has inland borders) in order to simplify the formalities, allowing documents and data to be sent directly to the national competent authorities, in parallel with the formal communications made through the competent services of the Ministries of Foreign Affairs

Poland As described above – In case of SEA report, the requirements are more general and include effects on the various components of the environment. If there is a risk of a serious industrial accident that might cause significant adverse effect on the environment, it is included in the

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Country




analysis

Romania Yes Yes

Serbia Article 20 – The report participation of authorities and organisation and public concern

Slovenia Authorities designated for consultation concerning environment and health issues are following: water and air: Slovenian Environment Agency soil: Ministry of Agriculture flora, fauna, biodiversity: Institute for Nature Conservation health: Ministry of Health, Institute for Public Health

Yes

Sweden The municipality is responsible for final decisions and monitoring.

Switzerland NA NA

Netherlands The competent authority in the case of decisions spatial plans required to consult the Commission for Environmental Assessment (abbreviated NCEA ) in Utrecht on the accuracy and completeness of the information in the SEA . External safety at industrial sites ( often ) or a point of interest ( examples : Schielands high seawall in Gouda29

For this, the standard procedures apply

29 http://www.commissiemer.nl/advisering/afgerondeadviezen/2726 en http://api.commissiemer.nl/docs/mer/p27/p2726/2726-010verantwoording-groepsrisico.pdf of de

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Option G

Country For countries that integrate industrial accidents safety considerations into the land use planning via SEA, please indicate if and how they are included into the following stages of the assessment procedure (set out in the Protocol on SEA ):

(g)final decision and monitoring - SEA Protocol articles 11 and 12

Armenia It is stipulated by RA Law on Environmental Impact Assessment and Appraisal

Austria See answer under 6

Bulgaria Final SEA statement could include obligatory measures and conditions for prevention or/and limitation of major accidents, if the results of SEA show risk, as monitoring measures too.

Denmark The Statutory Order 2006-12-14 nr. 1666 specifies that Land-use Planning Authority are consulted on the final decision of the Competent Authority Act of environmental assessment of plans and programs 2015-12-10 nr.1533 Art. 9-11

Estonia The adoption of the spatial plan is the final decision. The SEA report must include inter alia the description of the measures proposed for the monitoring of significant environmental impact resulting from the implementation of the strategic planning document and of the measurable indicators. In addition in case of national spatial plan, county-wide spatial plan and comprehensive plan the Planning Act includes an obligation to review the plan. The review must ascertain inter alia the significant economic, social, cultural and environmental impacts brought about by implementation of the plan and the conditions for reducing significant negative impacts

Finland The regional plan is approved by the regional council's highest decision-making body. The local master plan and the local detailed plan are approved by the local council. When the local detail plan does not have significant impact, the local council's authority may be delegated in the standing orders to the municipal board or to a committee. (Land Use and Building Act, Sections 31, 37 and 52). In land use planning the monitoring is usually done when a plan needs to be changed. At that time, the extent to which the plan has been or has not been implemented is evaluated. In accordance with the Land Use and Building Act (section 60), the local authority is responsible for assessing whether the local detailed plan is up-to-date.

havenbestemmingsplannen Rotterdam http://www.commissiemer.nl/advisering/afgerondeadviezen/2731 en http://api.commissiemer.nl/docs/mer/p27/p2731/2731-109externeveiligheid.pdf )

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Country For countries that integrate industrial accidents safety considerations into the land use planning via SEA, please indicate if and how they are included into the following stages of the assessment procedure (set out in the Protocol on SEA ):

(g)final decision and monitoring - SEA Protocol articles 11 and 12

Israel Article 12, 13 and 15 of the Law no. 91/2013 “On Strategic Environmental Assessment”are in accordance with articles11 and 12of SEA Protocol

Lithuania If the screening for the hazardous activity or its modification is applied there are requirements in The Methodological Guidelines for Screening of the Proposed Economic Activity, approved by Order No Dl-665 of the Minister of Environment of the Republic of Lithuania of 30 December , 2005 to provide information about the risk of vulnerability of the proposed economic activity as a result of emergency events (e.g. fire, large accidents, disasters (e.g. floods, sea level rise, earthquakes)) and/ or emergency situations, including those that can be determined by climate change; the probability and prevention of emergency events and emergency situations. This information is provided in the screening document supplied by the organiser (developer) of the proposed economic activity or the drafter of documents of environmental impact assessment to the competent authority (EPA).

Portugal In this regard, the guideline related to the integration of major accidents prevention in the SEA of land use municipal plans is available, specifies recommendations related to the definitions of objectives, indicators, criteria and measures to minimize the risk related to the implementation of the plan.


Romania YES

Serbia Article 17 (SEA Law) – Environmental Status Monitoring Programme

Slovenia YES

Switzerland NA

Netherlands If there external security by the public (including NGOs) views submitted HINTS the plan and / or the SEA then the authority required to motivate the final decision how it has weighed this aspect in its decision . This also applies to the assessment advice from the Commissie mer.

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A.1.1.8 For countries that integrate accidents safety considerations into the land use planning decision-making via EIA please indicate if and how they are included into the following stages of the assessment procedure (where applicable taking into the account the industrial Accidents Convention article 4 para 4):

Options A, B and C

Country For countries that integrate industrial accidents safety considerations into the land use planning decision-making via EIA please indicate if and how they are included into the following stages of the assessment procedure (where applicable taking into account the Industrial Accidents Convention article 4 para 4) :

(a) screening

(b) scoping

(c ) environmental report

Armenia YES YES YES

Austria The screening criteria according to the Austrian EIA Act have to be applied; they include the risks of accidents.

In the EIA procedure information about the risks of industrial accidents has to be included and will be assessed by the EIA authority.

See answer under (b)

Bulgaria Screening EIA procedure integrates industrial accidents safety considerations for the projects listed in Annex I and Annex II of the EIA Directive. This procedure includes still public consultations and assessment to the human health

Scoping of the EIA report for the projects listed in Annex I and Annex II of the EIA Directive includes information for the assessment to the industrial accidents safety considerations

The EIA report for the projects listed in Annex I and Annex II of the EIA Directive includes information for the assessment to the industrial accidents safety considerations

Cyprus Not applicable

Czech Republic

Act No. 100/2001 Coll., on the Environmental Impact Assessment, § 6



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(a) screening

(b) scoping


Denmark Same answer as for 7 (a)

Same answer as for 7 (b)

Same answer as for 7 (c)

Finland I Establishing industrial facilities will in general require an environmental impact assessment (specified by the Act on Environmental Impact Assessment Procedure (468/1994) and its Decree) but EIA is not the preliminary instrument used for land use planning

Israel NA NA NA

Lithuania There are no specific requirements in the national legal acts to provide information concerning industrial accidents. Despite of that in case of hazardous activity the possible industrial accidents which will be analyzed in the EIA report should be mentioned in the EIA programme.

According to the Law on EIA Art. 9 EIA report must contain an exhaustive analysis of all the issues provided for in the programme and the following information : <...> information on probable emergencies, the measures of prevention or mitigation thereof and response thereto; Regulations on Preparation of the Environmental Impact Assessment Program and Report approved by the Order of the Minister of the Environment of the Republic of Lithuania No D 1-636, December 23, 2005 (Regulations) lays down requirements for the EIA scoping document and EIA Report.

Definition of "thepublic concerned "is provided in the Law on EIA: Public concerned shall mean the public affected or likely to be affected by, or having an interest in, the proposed economic activity. For the purposes of this definition non-government al organizations participating in the solution of environmental protection problems and meeting the requirements of laws of the Republic of Lithuania shall also be deemed to be the public concerned. During the EIA procedure public concerned is consulted on the scoping document (EIA programme) and the EIA report. The public concerned has a

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(a) screening

(b) scoping


According to the Regulations risk analysis of the proposed economic activity and prediction of potential emergency situations (accidents) and accident prevention measures are provided in the EIA report

right to provide comments, proposals concerning assessment of the impact on the environment of the proposed activity, including risk analysis and measures to prevent potential industrial accidents.

Moldova Yes. Annex 4 to Law on EIA - Selection Criteria to Identify the Need to Conduct Environmental Impact Assessment - stipulates risks of accidents associated with applied technologies or substances. Article 9 - Conduction of Preliminary Assessments

Art. 4…. The Sphere of Application of Environmental Impact Assessment

Yes. EIA documentation should include description of measures for prevention and mitigation of potential emergencies and accidents. Art. 20 - Development of Documentation on Environmental Impact Assessment

Portugal The identification of hazardous activities under TEIA Convention is made through the identification of establishments covered by the upper tier of the Seveso III Directive, using the criteria established in this framework. In order to verify the application of the EIA legislation there is a specific procedure for screening purposes, that takes into account the existence of environmental impacts. The fact that a project is a hazardous activity is

The fact that a project is a hazardous activity is taken into account in the definition of the scope and level of detail of the environmental information to be submitted in the form of an environmental impact assessment report. In this case it is indicated that the environmental report must include the information related to major accidents and the land use compatibility study. Specific details vary with the different projects.

In this regard, the environmental report includes the information related to major accidents and the land use compatibility study. The procedure of land use compatibility assessment under Decree-Law 150/2015 (Seveso III) is integrated on the Environmental Impact Assessment procedure. The guides on how to develop a land use the compatibility study are available on the Portuguese Environment Agency website. If a hazardous activity is subject to an

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(a) screening

(b) scoping


taken into account in this evaluation. When a project is covered by both legislations, the EIA authority is always the Portuguese Environment Agency.

environmental impact assessment, in accordance with the Convention on Environmental Impact Assessment in a Transboundary Context, the Environmental Impact Assessment procedure includes an evaluation of the transboundary effects of industrial accidents from the hazardous activity, which are taken into account in final decision.

Poland In case of integrating industrial accidents safety considerations into the land use planning decision-making via EIA those issues are considered during each phase of the procedure (screening, scoping, transboundary consultations, monitoring). What is more there is a legal requirement that EIA report and environmental permit defines e.g. requirements for counteracting the effects of industrial accidents. When a hazardous activity is subject to an environmental impact assessment in accordance with the Convention on Environmental Impact Assessment in a Transboundary Context and that assessment includes an evaluation of the transboundary effects of industrial accidents from the hazardous activity which is performed in conformity with the terms of this Convention, the final decision taken for the purposes of the Convention on Environmental Impact Assessment in a Transboundary Context shall fulfill the relevant requirements of this Convention.

Romania Within the Environmental Report- Chapter 7 from Order no. 863 of 26 September 2002 approving the methodological guidelines applicable to the procedural stages of the assessment of environmental impact as well as in the provision of Order 135/2010 for approving the Methodology to apply the

YES YES

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(a) screening

(b) scoping


environmental impact assessment for public and private projects- Risk situations, it analyzes the possibility occurrence of industrial accidents with significant environmental impact including significant negative impact beyond the country's borders, risk plans, measures for accident prevention

Serbia On the national level we implement EIA Regulation, consisting of two Lists of projects: a mandatory list and list of projects for which an impact assessment may be required. Lists are in accordance with Annex I and II of the Directive of the Council 97/11. In the first phase (screening), when the project developer submits a request for screening to the competent authority (Ministry- for those projects for which the permit for project implementation is under the responsibility of the Republic authority, the Provincial authority- for those projects for which the permit for project implementation is under the responsibility of the authority of the autonomous province and the Local self-government authority-for those projects for which the permit for project implementation

If projects are on List I, then we go directly to the scoping phase. The deadline for scoping is 10 days for public insight and 15 days for appeals

In the last stage, besides public insight (20 days for public insight and 30 days to initiate an administrative dispute), the announcements of the submitted request and the decision for the need of EIA, we have public hearing. It always takes place in the municipality where the project is to be realized. After public hearing, we organize a meeting together with technical experts, where we together analyses all the submitted opinions of other interested parties and public (if there are any). There are usually some comments from experts, after which we return the request to the project developer for further improvement. The Law always allows two improvements of the request. Finally, we make a decision regarding the approval or disapproval on the EIA study. The duration of

P AG E 187 O F 375


(a) screening

(b) scoping


is under the responsibility of the local self-government authority), then our role is to check the necessary documentation and whether the request is made in accordance with Article 8 of the Law on EIA. If the documentation is complete, we inform, in written form the project developer to announce the submitted request, in the printed media for the public to be informed and to have insight in the case, for a period of 10 days and 15 days for appeals. Also, our obligation is to inform all the stakeholders that we think should be informed. If there are no objections or suggestions we issue a decision on the need or no need for EIA. This phase only refers to projects from List II. In every phase we have the announcement of submitted request, the public insight into the case and the announcement of the decision.

the domestic EIA procedure is approximately 110 days.

Slovenia Remark: In Slovenia EIA procedure is carried out for projects and is not related to land-use planning procedures.

Switzerland All the stages described hereafter are detailed Preliminary assessment is ralized by Project Realized by project owner and results are

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(a) screening

(b) scoping


in the Swiss Ordinance on Environmental Impact Assessment (OEIA): OEIA define which project falls under EIA or not

owner and results are evaluated (Environmental protection agency – cantonal and/or federal) specifications are defined

evaluated (Environmental protection agency – cantonal and/or federal).

Netherlands Same procedure as SEA Same procedure as SEA

Options D, E and F


(d) public participation - identification of the public concerned

(e) consultation with environmental and health authorities

(f) transboundary consultations

Armenia Yes Yes

Austria See answer under (b)



Bulgaria The identification of the public concerned and the public participation are based to the territory which EIA assessment and the industrial accident assessment are identified.

The EIA procedure includes always consultations with the health authorities

Yes, in the EIA procedure

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Czech Republic

Act No. 100/2001 Coll., on the Environmental Impact Assessment, there is a possibility of public participation in all stages of the EIA procedure

Act No. 100/2001 Coll., on the Environmental Impact Assessment, environmental and health authorities are consulted in all stages of EIA procedure


Denmark Same answer as for 7 (d)

Same answer as for 7 (e)

Same answer as for 7 (f)

Israel NA NA NA

Lithuania See the answer to question 3 (c).

When a hazardous activity is subject to an environmental impact assessment in accordance with the Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention), that assessment includes an evaluation of the possible transboundary effects of industrial accidents from the hazardous activity . Transboundary consultations are performed according to the requirements of the Espoo Convention and national legal acts. During these consultations the potential transboundary impact of the proposed activity and measures to reduce or eliminate

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negative impacts as well as matters on the possible transboundary effects of industrial accidents from hazardous activity are considered.

Moldova Stipulated in Art. 22 - Procedures of Public Discussions

Art. 21 - Review and Discussion of Documentation on Environmental Impact Assessment

Art. 14 - Consultations in Transboundary Context

Portugal The EIA national legal framework regarding public participation is in accordance with the Aarhus Convention and the EIA Directive. The public concerned (i.e. citizens, non-governmental environmental organizations (NGOs) and public and private entities) is defined on a case by case approach depending on the specific project of hazardous activity and its location.

The entities consulted depend on the specific project of hazardous activity and on its expected potential environmental impacts.

Portuguese legislation provides, in Articles 32 to 36 of the EIA Decree, the minimum procedures for carrying out of transboundary consultations in the case of projects developed in the country that are likely to have significant environmental impacts into another Member State of the European Union. The results of the consultations held in other Member States must be transmitted to the national authorities. There is a bilateral protocol between Portugal and Spain since 2008 (the only EU Member State with which Portugal has inland borders) in order to simplify the

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formalities, allowing documents and data to be sent directly to the national competent authorities, in parallel with the formal communications made through the competent services of the Ministries of Foreign Affairs.

Poland In case of integrating industrial accidents safety considerations into the land use planning decision-making via EIA those issues are considered during each phase of the procedure (screening, scoping, transboundary consultations, monitoring). What is more there is a legal requirement that EIA report and environmental permit defines e.g. requirements for counteracting the effects of industrial accidents. When a hazardous activity is subject to an environmental impact assessment in accordance with the Convention on Environmental Impact Assessment in a Transboundary Context and that assessment includes an evaluation of the transboundary effects of industrial accidents from the hazardous activity which is performed in conformity with the terms of this Convention, the final decision taken for the purposes of the Convention on Environmental Impact Assessment in a Transboundary Context shall fulfill the relevant requirements of this Convention.

Romania Yes Yes Yes

Serbia In all the stages of the procedure we have public participation .In every phase of the procedure we have the announcement of submitted request, the public insight into the case and the announcement of the decision. We inform the public of the affected region by means of the local and daily national newspapers, and this notification contains information about which phase the procedure is in,

The term "consultations" does not officially exist in the law and bylaws concerning impact assessment, however, there are always meetings with project developers and regardless of the procedure phase, that is, consultations are possible in all phases

If it concerns a project with a transboundary impact, then consultations are always organized on national level. Our country (Ministry of Agriculture and Environmental Protection) usually organized consultations by meeting and by the exchange of written communicates with the authority of the other Party

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and a notice about where a public insight can take place, for example in the Ministry and in the Municipality where the project is being realized. Also, we put all the documentation on the website of the Ministry: http://www.eko.minpolj.gov.rs/obavestenja/procena-uticaja-na-zivotnu-sredinu/ Involved authorities are the Ministries, competent bodies, Institutions, Agencies, representative NGOs and Public concerned, depending of the type of project.

(Ministry).Transboundary EIA cooperation is conducted through points of contact. For all these steps within transboundary EIA procedure, the Ministry is the responsible authority. Consultations are possible in all phases of the procedure. When appropriate, public consultations can be organized as joint consultations in the final stage of the EIA procedure

Switzerland Project is submitted to public in municipality where project is planned.

NA Implemented in the framework of ESPOO Convention and Convention on the Transboundary Effects on Industrial accidents

Netherlands For this, the standard procedures apply The Commissie mer in recent years see very few projects in which EV is a concern. Because:

For EIA project on industrial installations, testing no longer required by the Commission; - For water transport and road managed by the government , its air

Hiervoor gelden de standaardprocedures

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quality and noise usually the main (compression ) points. The number of kilometers where there is a bottleneck or where a bottleneck may occur, is limited (example exception: A4 Den Haag30

External security is a concern for provincial roads. Thereby often runs an EV analysis (example: Rijnlandroute31R

at lakes for wind farms on land, airports or tube zones). Containing a standard EV - section ( examples32 : The wind farm Drenthe mouths and Oostermoe

30 http://www.commissiemer.nl/advisering/afgerondeadviezen/2426 ) 31 http://www.commissiemer.nl/advisering/afgerondeadviezen/2198 en http://api.commissiemer.nl/docs/mer/p21/p2198/2198-122externeveiligheid.pdf ) 32 http://api.commissiemer.nl/docs/mer/p27/p2737/2737-034bijlage-b07.pdf

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Option G


(g) final decision and monitoring

Armenia In the sphere of mineral resources management: the RA Code on Mineral Resources stipulates development of plans for decommissioning and monitoring of environmental quality, safety and health of local communities nearby areas of mining operations (including mining sites, tailings management facilities, etc. ). These documents undergo environmental appraisal according to by RA Law on Environmental Impact Assessment and Appraisal.

Austria See answer under (b)

Bulgaria Yes, in the final EIA decision

Czech Act No. 100/2001 Coll., on the Environmental Impact Assessment, § 9a - e

Denmark Same answer as for 7 (g)

Israel NA

Moldova Yes . Art. 23 - Environmental Permits

Portugal In this regard, according to Decree-Law 151-B/2013 of 31st October, the final decision specifies the restrictions and the measures to minimise the risk related to the implementation of the project of hazardous activity. The decision is drafted by the assessment commission that evaluates the environmental impact report, which, in these cases, includes a Seveso expert.

Poland In case of integrating industrial accidents safety considerations into the land use planning decision-making via EIA those issues are considered during each phase of the procedure (screening, scoping, transboundary consultations, monitoring). What is more there is a legal requirement that EIA report and environmental permit defines e.g. requirements for counteracting the effects of industrial accidents. When a hazardous activity is subject to an environmental impact assessment in accordance with the Convention on Environmental Impact Assessment in a Transboundary Context and that assessment includes an evaluation of the transboundary effects of industrial accidents from the hazardous activity which is performed in conformity with the terms of this Convention, the final decision taken for the purposes of the Convention on Environmental Impact Assessment in a Transboundary Context

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(g) final decision and monitoring

shall fulfill the relevant requirements of this Convention.

Romania Yes

Serbia The final decision is the approval of the EIA Study or the refusal of the application for approval of the EIA Study (disapproval of the EIA Study). The EIA procedure influences the decision-making process for the proposed activity in the way that after issuing approval for an EIA study, monitoring and technical analysis is performed in order to determine whether the conditions and prescribed measures have been met

Switzerland Competent authority takes into account all comments issued by specific authorities related to project (FOEN, FOT (federal office for transportation), CAO (Civil Aviation Office),..

Netherlands Als er over externe veiligheid door het publiek (inclusief ngo’s) zienswijzen zijn ingediend m.b.t. het project en/of het EIA dan is het bevoegd gezag verplicht in de final decision te motiveren hoe zij dit aspect heeft gewogen in haar besluit. Dit geldt ook voor het toetsingsadvies van de als dat vrijwillig dan wel verplicht door het bevoegd gezag is gevraagd.

If external security by the public (including NGOs) submitted regarding project and / or EIA then the authority is required to motivate the final decision how it has weighed this aspect in its decision. This also applies to the assessment advice from the Commissie mer if voluntary or mandatory requested by the competent authority.

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A.1.1.9 For countries that integrate industrial accidents safety consideration into the land use planning via a separate assessment of industrial accident safety, please describe it in particular indicating:

Option A, B and C

Country For countries that integrate industrial accidents safety considerations into the land use planning via a separate assessment of industrial accidents safety, please briefly describe it in particular indicating:

(a) legal basis

(b) which institution(s) is/are involved and how consultations among institutions are organized

(c) procedural aspects (if any)

Austria The nine provincial laws all include a provision to respect safety aspects (of any kind, not specifically referring to industrial accidents which are included implicitly)

The provinces (Länder) have expert bodies to provide the necessary input

.

Armenia RA Law on Environmental Impact Assessment and Appraisal RA Government Decree # 1920 of 29.12.2011 on Procedures of Development, Appraisal, Coordination, Approval and Amending Master Layout Plans of Human Settlements in RA Order # 88-N of the Minister of Trade and Economic Development of 25.04.2006 on Requirements to Development of Technical

According to RA Government Decree # 1918 of 29.12.2011 - a number of authorised governmental bodies. According to RA Law on Environmental Impact Assessment and Appraisal - the Ministry of Nature Protection, the Ministry of Territorial Administration and Emergency Response, the Ministry of Public Health, etc.

Coordination and appraisal procedures are specified in RA Law on Environmental Impact Assessment and Appraisal and in RA Government Decree # 1918 of 29.12.2011.

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(a) legal basis



Safety Reports of Hazardous Industrial Facilities.

Belgium (Flemish region)

National level: Agreement of Cooperation between federal and regional authorities on the control of major accidents involving dangerous substances (transposition of Seveso Directive). Flemish region: The Flemish Decree of General Regulations of Environment describes the safety report for industrial activities as well the safety report for siting as the spatial safety report. The Flemish Decree of Permits describes the obligation to set up a safety report for siting and modifications of hazardous activities.

Flemish region: See point 2. The planning authority has to consult the competent authority for industrial safety.

Belgium Wallone

SEVESO Directive (transposition in “accord de cooperation”) and environmental permit

Walloon region authorities require a security risk assessment from Seveso plants + a LUP

See ‘Vademecum’ v2015 from Walloon region authorities.33

33 http://environnement.wallonie.be/cgi/dgrne/plateforme_dgrne/generateur/sites/Modules_NTL/Donnees/Seveso/Documents/MediaNTL26_VADE-MECUM_V_2015_01.pdf

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Country For countries that integrate industrial accidents safety considerations into the land use planning via a separate assessment of industrial

accidents safety, please briefly describe it in particular indicating:

(a) legal basis



region analysis is performed and reported by public authorities.

Bulgaria Not applicable Not applicable Not applicable

Cyprus As stated earlier, industrial accidents safety considerations are into account during the preparation or amendment of Development Plans, and during the examination of Planning Applications. According to the Town and Country Planning law, the Minister of Interior is responsible for the preparation, review and amendment of Development Plans. The Minister is responsible for the preparation of the Statement of Policy for the countryside (excluded from the boundaries of the Local Plans in power), whereas the duty of preparing Local Plans and Area Schemes has been delegated to the Planning Board (an independent body with advisory power in large areas of planning policy). Any Plan prepared under the above delegated powers is

The Council of Ministers , Minister of Interior, Director of the Town Planning and Housing Department that are the decision makers according to the provisions of the Town and Country Planning Law N90/72.During the process of preparing or amending a Development Plan, a broad range of Government Departments , Local authorities, NGO’s , private institutions and members of the public are consulted through open community meetings, public hearings, an open call for written consultation and objections to be submitted. In terms of development control, a consultation procedure takes place with other responsible Governmental Departments on different levels, so that a special set of conditions is prescribed for the granting of

Land use planning: The Planning Authority whilst preparing or amending a development plan ensures that all the necessary policies are included so that the risks arising from major accidents involving dangerous substances will be prevented. In the case of the revision of a Development Plan the first step concerns the publication of the ¨Revision Statement¨ by the Ministry of the Interior and in the case of new plans the approval of the “Report for the Preparation of the specific Development Plan” by the Town Planning Board . This is followed by a period within which the public, local authorities or any other interested party submitted proposals (article 12C of Town and Planning Law). Municipal or communal meetings are held to explain and further involve the public in the process. A Public hearing (according to

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(a) legal basis



required to be submitted to the Minister for approval and finally submitted to the Council of Ministers for the final stage approval and notification followed by an objection submission period. The Director of the Town Planning and Housing Department is responsible for issuing permissions for the construction of buildings and the siting of such uses and developments.

each permit, in accordance with the Seveso II Directive and the corresponding local legislative clause of Law N90/72.

article 12D) is held by the Planning Board, which then assesses all submitted proposals and consultation and formulates its own proposals. Once a draft Development Plan is formulated, a SEA takes place including a public consultation period. Depending on the Opinion of the Environmental Authority the Plan may be modified and then the final proposal forwarded to the Ministry of the Interior. The Development Plan is then published and an objection period commences (4 months according to article 18.5). The submitted objections are examined (in14 months, after the objection period, article 18.6) by the Minister of Interior who is supported by an Ad-hoc advisory Committees and the Development Plan is published, after its approval by the Council of Ministers. A similar process is applied for the Statement of Policy for the countryside with the exception that Minister of Interior is solely responsible without the intervention of the Planning Board. Development control: The Director of the

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(a) legal basis



Town Planning and Housing Department is responsible for issuing permissions for the construction of buildings and the siting of such uses and developments. During this process, a consultation procedure takes place with other responsible Governmental Departments on different levels, so that a special set of conditions is prescribed for the granting of each permit, in accordance with the Seveso II Directive and the corresponding local legislative clause of Law N90/72. In cases where the conditions prescribed are not met, the Director of the Town Planning and Housing Department, has the authority to issue Enforcement Act, demanding the compliance with the conditions and guidelines of the respective permits within a given time period. If any mal- function or illegal structures persist, the whole case can be drawn to court through the Office of the Attorney General.

Denmark Statutory Order 2006-12-14 nr. 1666 and The Danish EPA or the relevant Local Na

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(a) legal basis



Memorandum no. 37 of 20-04-2006. Please note that chapter 2 in the statutory order no. 1666 of 14-12-2006 and memorandum no. 37 of 20-04-2006 will be replaced by a new statutory order which will also implement the Seveso III directive of 04-07-2012

Competent Authority are as part of the environmental assessments obliged to conclude on the appropriate siting. They do this by evaluating relevant accident scenarios and by consulting the Local Planning Authority on the quality of the data, appropriateness and conclusions. Any changes in land-use planning must be accompanied by a consultation of the relevant competent authority that do the SEA or EIA

Germany Germany: The separate assessment of industrial safety is part of the assessment procedure following the Seveso-III-Directive and Störfall-Verordnung, especially to create a safety report for highly dangerous sites. Otherwise Annex V and Annex VI aspects should be included in the land-use-planning procedure of the Baugesetzbuch.

Germany: Local and lander competent authorities, which deal with environmental issues, e.g. land-use, nature conservation, soil and water protection, air pollution control, process safety Environmental NGOs have to be involved, if aspects of nature conservation are affected in a relevant way. The whole public is involved, if a legal binding land use plan is needed. The public has in this case the possibility to give written objections to the CA.

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(a) legal basis



For a part of the sites or installations relevant documents are published by the competent authorities. The public has in this case the possibility to give written objections to the CA and debate them with the CA and the operator on specific date of discussion. Organization is by the Competent Authorities.

Finland Not applicable Not applicable Not applicable

Israel Na Na

Na

Portugal A separate assessment of industrial accidents safety (land use compatibility assessment) is only made when a hazardous activity is not covered by the EIA legislation.

Romania No

Serbia Law on Environmental Protection, Law on Planning and Construction

CA for spatial planning and the environment LEP prescribe that spatial and urban plans shall ensure measures and conditions of environmental protection and in particular:

Procedure is needed

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(a) legal basis



defining areas to maintain appropriate distances between hazardous activities and residential areas, public areas and areas of particular sensitivity or interest for protection of human life and health and the environment. The conditions and measures shall be issued by the Ministry, autonomous province body or self-governance units at request of the authority in charge of plan preparation and its passing in, and on the basis of conditions and measures of competent authorities

Switzerland Na Ns Na

Netherlands The Decree risks of serious accidents in 2015 governing the preparation of a risk assessment by a Seveso company and assessing the conclusions of risk assessments by the competent authority. The External Safety regulates the processing of the results of the risk of Seveso companies in the decision of the competent authority with regard to the granting of environmental

The municipalities and counties zoning for environmental permits from Seveso companies . The procedures for establishing environmental permits and zoning are regulated by law and may entail consultation of various parties. In addition, interested parties have a legal right to provide input

The competent authority for the environmental permit is required to inform the neighboring state on a permit procedure of a Seveso plant, if the neighboring state may be affected by a major accident that Seveso company. Draft environmental permits and design plans are published and open to comments

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(a) legal basis



permits and zoning .

Option D, E and F


(d) extent to which it includes the matters indicated in Annex VI to the Industrial Accidents Convention, including on public participation and transboundary aspect

(e) role in the decision-making regarding land use

(f) how is the separate assessment coordinated with the assessment of environment and health impacts of the land-use plan through SEA

Austria The various elements (environment, safety, commerce, infrastructure, housing development etc.) are in principle on the same level and shall be weighted according to the individual case

Coordination is carried out between the relevant authorities

Belgium Flemish region:

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(Flemish region)

It is coordinated in this sense that a SEA will not treat aspects of industrial safety which fall under the scope of the industrial safety authority. If a safety report is present, the SEA needs to refer to that report and to include relevant conclusions from the safety report.

Belgium Wallone region

Yes, any risk increase generated by a Seveso plant must be reported to public authorities and then analysed. Only Inter regional transboundary aspect is taken into account.

Incompatibilities with land-use are taken into account by either rejecting plant authorisations, or imposing safety measures (in order to mitigeate the identified risk).

Coordinated by Walloon region public authorities.

Bulgaria Na Na Na

Cyprus In conjunction with the provisions of the EIA and SEA Law, the matters indicated in Annex VI are covered.

Industrial accidents safety considerations are one of the many factors that are taken into account by the Minister of Interior or the Council of Ministers when approving a Development Plan

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Denmark Changes in land-use planning must be accompanied by a public consultation as is the decision on siting of industrial sites with the potential to result in large industrial accidents and transboundary consequences

Same answer as 9(a)

Through consultation

Germany Germany: Safety distances are calculated with respect to human health. The evaluation of environmental risks doesn’t happen. The consideration of the results of the public consultation, participation and transboundary aspects varies widely in quality and depends strongly on knowledge, qualification and training of the Competent Authorities of the Lander.

Germany: Safety considerations have to be taken into account.

Germany: No coordination.


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Israel NA

NA

NA

Switzerland NA NA NA

Netherlands The public can provide input on draft environmental permits and design plans , if these design decisions do not meet the legal requirements or for other reasons . The audience also includes citizens in a neighboring state . Also, authorities in a neighboring state can provide input on published draft decisions.

Many municipalities have drafted a policy on external safety in which they indicate what principles they use when evaluating projects involving external security risks are connected and where they can get ( see, eg34

A.1.1.10 For countries that integrate industrial accidents safety considerations into the land use planning via other means please briefly describe them, in particular indicating:

Option A, B and C

34 https://relevant.nl/dosearchsite.action?queryString=beleidsvisie+gemeente ). Waar relevant verwijzen ze in een MER naar dit kader.

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Country For countries that integrate industrial accidents safety considerations into the land use planning via other means please briefly describe them, in particular indicating:

(a) legal basis

(b) what institutions are involved and how consultation among the institutions is organized


Bulgaria Not applicable Not applicable Not applicable

Denmark Na Na na


Israel Na The regional branch of the Environmental Protection Ministry, the police the health department and the fire brigade

none

Romania no

Switzerland Na Na Na

UK The UK’s industrial accident prevention regime and, as a consequence, the requirements of the UN Convention on the Transboundary Effects of Industrial Accidents (TEIA) is delivered through legislation which implements the Seveso III Directive (primarily COMAH 2015, COMAH (NI) 2015 and relevant planning legislation).

Under reg. 12(5) COMAH, the operator of a major hazard site is required to consult the Environment Agency (EA), Natural Resources Wales (NRW) or, in Scotland, the Scottish Environment Protection Agency (SEPA) in preparing their internal emergency plan. EA/NRW/SEPA are part of the UK Competent Authority. The operator of the site is also required to consult persons working in the establishment, the emergency services and the health authority for the area, and the

See previous answer

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Country For countries that integrate industrial accidents safety considerations into the land use planning via other means please briefly describe them, in particular indicating:

(a) legal basis



local authority in the area where the site is located. While it is the responsibility of the local authority in the area in which the major hazard site is located to prepare the off-site emergency plan, the operator of the site is obliged to co-operate with them in doing so, by providing ‘the information necessary for the purpose of enabling the authority to prepare the off-site plan’ (COMAH Reg. 13(3)). The local authority is specifically required to consult the site operator in the preparation of the off-site emergency plan, as well as the competent authority, the emergency services, the health authorities for the areas in vicinity of the establishment, and such members of the public as are considered to be appropriate (COMAH Reg. 13(7)). Section 42(a) Planning Act 2008 places a duty on anyone applying for development consent to consult with “such persons as may be prescribed”. The table in Sch. 1 to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations

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Country For countries that integrate industrial accidents safety considerations into the land use planning via other means please briefly

describe them, in particular indicating:

(a) legal basis



2009 lists the persons prescribed for the purposes of section 42(a) and HSE is listed along with numerous other institutions (see the table for full list). A large proportion of planning legislation provides for HSE to be consulted prior to granting permissions or consents

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Option D and E

Country

For countries that integrate industrial accidents safety considerations into the land use planning via other means please briefly describe them, in particular indicating:

(d) extent to which they include the matters indicated in Annex VI to the Industrial Accidents Convention including on public participation and transboundary aspect


Bulgaria Not applicable Not applicable

Denmark Na Na

Finland Not applicable Not applicable

Israel All of the mentioned elements of Annex VI are applied with the exception of consulting directly with the public

The result of the process is mandatory

Switzerland Na Na

A.1.1.11 Please indicate if and how the industrial accidents safety considerations are addressed within the respective procedures referred to in the above question no. 5:

Option C and D

Country

Please indicate if and how the industrial accidents safety considerations are addressed within the respective procedures referred to in the above question n° 5:

(c) siting of new developments in the vicinity of existing hazardous activities

d) establishment of policies on significant developments in areas which could be affected by transboundary effects of an industrial accident

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Armenia yes

Austria YES YES

Belgium (Flemish)

Yes. Flemish Region: Building permit and environmental permit. Spatial safety report in particular cases

Yes. Flemish Region: Building permit and environmental permit. Spatial safety report in particular cases.

Belgium (Wallonia)

Yes (LUP analysis + authorisation required for new developments).

Only Inter regional transboundary aspect is taken into account.

Cyprus See questions 4 and 5.

See questions 4 and 5.

Czech Republic

Act No. 100/2001 Coll., on the Environmental Impact Assessment Act No. 183/2006 Coll., on Spatial Planning and Building Rules

Act No. 100/2001 Coll., on the Environmental Impact Assessment Act No. 183/2006 Coll., on Spatial Planning and Building Rules

Denmark The Planning Authority is obliged to consult the Competent Authority if the new developments are within 500 m.

By securing the obligation to always consult the Competent Authority when changes in planning within 500 m occurs the obligations to include possible transboundary effects in the assessment is taken into account

Estonia 3) upon planning an area located in the danger zone of a dangerous enterprise and of an enterprise with a major hazard or upon planning construction works there

The Rescue Board will communicate information on a cross-border major-accident risk arising from a category A enterprise (upper-tier) with a major hazard to states that may be affected by such accident.

Germany Germany: Only partially

Germany: addressed

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Finland Will require new impact assessment for the land use plans and then new/corrected plans accordingly.

Authorities, natural persons and organizations of a state that might be affected by the plan shall be given an opportunity to take part in participation and interaction procedures related to compilation of the plan

Israel See previous answer none

Moldova Safety considerations are addressed in EIA accounting for cumulative impacts in the course of siting new facilities

In the course of EIA in transboundary context, measures are stipulated to prevent impacts of industrial accidents and to hold consultations with affected parties.

Portugal The Decree-Law 150/2015 establishes the creation of a cadastre of the hazardous areas around existing hazardous activities, which will be available to support local planning authorities on the licensing procedures on development on the vicinity of hazardous establishments The information for this cadastre is provided by operators under (Seveso III), namely the safety report and the land use compatibility study. Nowadays, it is provided, on a case by case basis, support to local planning authorities on these matters.

Slovenia In accordance with the methodology defined in the Minimum Distance Decree

no

Sweden Yes, if they are covered by the Seveso directive.

no

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Netherlands In BEVI as described above through environmental permits and zoning.

In BEVI as described above through environmental permits and zoning.

A.1.1.12 Please indicate if the legal framework in your country envisages the establishment of safety areas (zones) around hazardous activities. If yes please describe

Option A and B

Country

Please indicate if the legal framework in your country envisages the establishment of safety areas (zones) around hazardous activities. If yes please describe

(a) whether the establishment is mandatory or discretionary

(b) how and by whom they are established

Albania Actually we have not the legal framework that envisages the establishment of safety areas around hazardous activities.

Actually we have not the legal framework that envisages the establishment of safety areas around hazardous activities.

Armenia Sanitary Norms SN 245-71 stipulate norms for design of new construction and reconstruction of facilities

Austria The 9 Provinces (Länder) published a The regional competent authority

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guidance concerning the land use planning in the vicinity of hazardous activities (Seveso sites) It should help the regional authorities to achieve similar safety distances in all 9 Provinces

Belgium (Flemish)

Flemish Region: There is a safety area possible if decided necessary by the competent authority. In that case it is mandatory.

Flemish region: See point 2. The division “Safety reporting” from the Department of Environment, Nature and Energy is the competent authority regarding all safety issues involving dangerous substances (especially Seveso companies).

Belgium (Wallone)

mandatory

By public authorities of Wallonia, leading to isorisk curves establishment.

Bulgaria Yes, the establishment is mandatory.

Case by case

Cyprus According to the of the Town and Country Planning Regulations, the Planning Authority whilst preparing or amending a development plan ensures that all the necessary policies are included so that the risks arising from major accidents involving dangerous substances will be prevented. In parallel the Planning Authority has the obligation to introduce into the development plans policies that take into account the need to maintain in a long term appropriate distances between existing establishments covered by the Directive and between such establishments and the residential areas, buildings and areas of public use, major transport routes as far as possible, recreational areas and areas of

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particular natural sensitivity or interest. In so doing, it must consult with the Department of Labour Inspection regarding the establishment of safety areas (zones) around hazardous activities. Furthermore, whilst preparing or amending a development plan buffer zones are designated around industrial zones and areas in order to ensure a minimum distance between industrial developments (either light or heavy industry) and other surrounding uses. In addition, the Planning Authorities consult the Department of Labour Inspection for siting new establishments or modification of establishments falling within the scope of the Health and Safety at Work (Control of Major Accident Hazards Involving Dangerous Substances) Regulations of 2015and for developments around such establishments. The Department of Labour Inspection deliver its opinion using relevant criteria.

Czech Republic

Act No. 183/2006 Coll., on Spatial Planning and Building Rules


Denmark The Memorandum 37 of 20-04-2006 establishes a zone of 500 m that is discretionary. It is the zone in which the land-use planning authority are obliged to take into consideration an existing industrial site of this nature when land-use planning changes. All accepted large industrial sites have an accompanying safety zone established as part of the assessment. This can be larger than 500 m

It is the Competent Authority that decides on an appropriate site or change of activity on site in consultation with the Land-use Planning Authority. Any changes in Land-use planning around the site are decided on by the Land-use Planning Authority in consultation with the Competent Authority

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Estonia All persons handling hazardous chemicals must determine the hazardousness of the enterprise based on the maximum possible quantity of the chemicals handled.

All operators must draw up risk analysis and throw results determine danger zones around establishments. The mandatory documents must be approved by the competent authority. Technical Regulatory Authority in cooperation with the Rescue Board in the event of a risk analysis and safety report.

Germany Germany: The establishment of safety areas is mandatory, if there is not much knowledge about the specific installation. If you have specific knowledge about the installation, you have to look on the individual case.

Germany: Safety areas for human health are in the case of insufficient knowledge about the installation determined by KAS-18 Safety areas for human health are in the case of sufficient knowledge about the installation determined by the Competent authorities lander or the local authorities Safety areas for environmental elements and areas are determined by the Competent authority’s lander or the local authorities, if they are determined.

Finland discretionary YES, the Finnish Safety and Chemicals Agency which establishes consultation zones around hazardous facilities

Israel There is a policy document of the Environmental Protection Ministry regarding safety distances of Hazardous materials from public "receptor" [house, school, shopping center and etc.]

It is the obligation of the plant to calculate the distances and deliver the information to the regional branch of the Environmental Protection Ministry – for approval.

Lithuania mandatory Resolution NQ 343 of the Government of the Republic of Lithuania of 12 May, 1992

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On Special land and forest use conditions approval

Moldova Mandatory - In zones of industrial risks, it is necessary to get conclusions of the Ministry of Economy or its authorised bodies, and the Inspectorate;

Portugal The Decree-Law 150/2015 establishes the obligation of maintaining adequate distances between hazardous activities and sensitive developments

The distances between hazardous activities and sensitive developments (existing or planned), are maintained trough: • The assessment of new hazardous activities and modifications of existing hazardous activities, by the Portuguese Environment Agency; • The definition or revision of municipal land use plans, by municipalities; • The licensing procedures on development on the vicinity of establishments, by municipalities. The Decree-Law 150/2015 establishes the creation of a cadastre of the hazardous areas related to the establishments, which will improve the implementation of these dispositions. Nowadays, it is provided, on a case by case basis, support to local planning authorities on these matters.

Poland According to the Act on Environmental Protection Law, any establishments that can pose a major accident hazard should be located in a safe distance from each other, residential areas, housing estates, areas of public use and particular natural sensitivity or interest, major transport routes.

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There exist a document ,,Methodology of determining a safe distance when choosing the location of establishments that may pose major accident hazards”, which should be used by the planning authorities, but it is not a legal act, but guidelines. In the Ministry of Environment there are carried out works on a draft regulation on the methodology of determining a safe distance at the location of establishments posing major accidents hazards. It will specify: 1) the way of determining a safe distance, 2) types of major accidents, consequences of which should be considered when determining a safe distance, 3) parameters of the potential impact of these accidents in terms of flammability, explosiveness and toxicity of hazardous substances, which should be considered when determining a safe distance. It should be emphasized that the regulation will set out how to determine the safety distances, without specifying the values of such a distance, which will depend on many factors.

Slovenia In accordance with the Minimum Distance Decree the establishment of safety zones is mandatory for new hazardous activities and modifications of existing hazardous activities. They are established on a case by case basis by experts who prepare technical documents that serve as a basis and input for the preparation of environmental report and consequently for land-use and siting plans. The criteria for their establishment is the level of harmful health effects that could be a consequence of an accident based on a set of pre-defined scenarios.

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Sweden The establishment of safety areas is not mandatory, but making a detailed LUP prior to giving building permits is mandatory around hazardous activities covered by the Seveso directive.

Switzerland In Switzerland, mandatory consultations areas have been defined. These consultations areas are comprised between 0 and 100m and between 0 and 300m around hazardous activities, depending on the hazard potential, Covered by MAO.


UK Setting up consultation areas is discretionary. Once a Planning Authority has been notified of a consultation area, then consultation with HSE is mandatory. In the legal framework, a consultation ‘area’ is referred to in Planning law. For example in mainland UK see The Town and Country Planning (Development Management Procedure) (England) Order 2015, Schedule 4 Consultations before the grant of permission, paragraph (e) “Development within an area which has been notified to the local planning authority by the Health and Safety Executive for the purpose of this provision because of the presence within the vicinity of toxic, ...” It is similar for Scotland, Wales and Northern Ireland.35

The ‘area’ is notified by HSE to the planning authority so the Planning Authority knows to seek HSE’s advice when planning permission for specified development (see the rest of

Sites that require Hazardous Substances Consent. Requirement for Hazardous Substances Consent is defined in Planning (Hazardous Substances) Regulations. Major accident hazard pipelines: as defined in The Pipelines Safety Regulations 1996 (and 2003 Amendment regulations) for mainland UK, and in the Pipelines Safety Regulations (Northern Ireland) 1997.

35 http://www.legislation.gov.uk/uksi/2015/595/schedule/4/made

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para e) is applied for in that geographical area.

When HSE has produced an ‘area’ after being consulted by a planning authority about an application related to hazardous substances consent, before notifying the planning authority of the area, HSE uses the zones within the area, to check compatibility of the consent with existing development in the vicinity.

How: by assessment of acute harm to people from major accident scenarios relevant to hazardous substances consent and relevant to major accident hazard pipelines. The HSE’s approach recognises the view that even after all legally enforceable risk reduction measures are in place, the best management and risk control systems cannot completely eliminate the possibility of a major accident occurring. This is referred to as the residual risk of a major accident. HSE assesses the residual risk of major accidents in a consistent way for approximately 1500 major accident sites using a framework that has been developed, peer reviewed and tested at inquiries over nearly 30 years. The keys stages of the HSE’s assessment are:

a) hazard identification - to develop an understanding of the types of major accidents that can occur at a particular major hazard site.

b) frequency analysis – an understanding of how often these events can occur.

c) quantification of the consequences –

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expressed in terms of specified levels of harm.

By whom: The Health and Safety Executive in England, Scotland and Wales; the Health and Safety Executive Northern Ireland in Northern Ireland.

Netherlands The standard for local risk 10-6 is a limit which has to be respected. Local risk 10-6 is a safety zone around a company , which funds construction restrictions. The group risk is a compulsory assessment framework without a mandatory limit.

The standard is regulated in the BEVI . The local governments implement and establish the safety zone by company and make judgments about the societal risk.

Option C and D

Country


(c) what are the criteria for their establishment

(d) how the establishment is coordinated with • SEA procedures • land use planning • siting

Albania Actually we have not the legal framework that envisages the establishment of safety areas around hazardous activities.

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Austria According to the guidance paper the distance is mainly related to the amount of dangerous substances as it is defined in the Seveso Directive annex 1

Coordination in different ways,(eg. meetings, in written form) between the authorities takes place

Belgium (Flemish)

Flemish region: Criterion Iso Risk Contours: Border of the establishment: 10-5/year; Border of residential area: 10-6/year; Border of area containing vulnerable location: 10-7/year. Criterion Societal Risk: see red line in figure.

Flemish region: See point 2. The division “Safety reporting” from the Department of Environment, Nature and Energy is the competent authority regarding all safety issues involving dangerous substances (especially external safety of Seveso companies).

Belgium (Wallonia)

Probability of being impacted by an accident caused within a Seveso plant.

LUP : centralised by regional authorities when delivering licences to build a house or a plant for instance.

Bulgaria Case by case In the SEA documentation and the safety report

Cyprus The aforementioned criteria are based on the Land Use Planning Guidelines of the European Commission for the Seveso Directive and are available at the following link:36

See reply in question 5

Czech Republic


36 http://www.mlsi.gov.cy/mlsi/dli/dliup.nsf/All/EEEAA467BC3C3BA1C2257DDB00438745?OpenDocument

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Denmark They are established as part of the SEA evaluation. The criteria is that neighbours should not be subject to a greater risk than people living without this neighbour. The risk is considered acceptable when around 1 death pr. million year (10-6).

Same answer as 12 (b)

Estonia The establishment of safety areas (zones) take place when the decision to grant or refuse to grant the development consent is made

Germany Germany: In the case of human health: Distances of KAS-18, individual calculation of the spread of immission concentrations regarding to individual properties of substances, safety measures, ERPG limits In the case of environment: no criteria

Germany: See a - c

Finland type of installation, rough estimation of the area affected by an accident

The consultation zones are taken into consideration when land use plans are being established. The plan regulations will define formal restrictions for how the area can be used.

Israel The policy document No it is general

Lithuania The establishment depends on the criteria of Basing on Resolution NQ 343 of the

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particular characteristics of the hazardous activities

Government of the Republic of Lithuania of 12 May, 1992 On Special land and forest use conditions approval. Basing on Resolution NQ 343 of the Government of the Republic of Lithuania of 12 May, 1992 On Special land and forest use conditions approval.

Poland The issue is considered during SEA, EIA and land use planning.

Portugal The hazardous areas surrounding establishments covered by Seveso Directive are defined through a consequence based approach, in which the worst case scenarios are excluded. For this purpose, major accident scenarios are established defining a Lethal zone (AEGL 3| 7 kW/m2 | 0,14 bar | LFL/2) and an Irreversible effects zone (AEGL 2 | 5 kW/m2 | 0,05 bar). Environmental effects are taken into account by a qualitative evaluation and the assessment of spill-control and containment systems. A new regulation on land use planning is under preparation, regarding the criteria applicable to the decision making process. Nowadays the assessments take into account the existence of highly populated areas (including temporary), buildings posing challenges to evacuation, emergency

The land use compatibility study provides the hazardous areas surrounding the establishments covered by Seveso Directive, which are the basis for the decision making on siting. These hazardous areas surrounding the establishments covered by Seveso Directive are integrated in the revision of municipal land use plans. In the SEA procedure regarding the revision of municipal land use plans the major accidents aspects are taken into account as described above.

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services, residential and environmental sensitivity areas.

Serbia In SEA planning NO

Slovenia In accordance with the Minimum Distance Decree the establishment of safety zones is mandatory for new hazardous activities and modifications of existing hazardous activities. They are established on a case by case basis by experts who prepare technical documents that serve as a basis and input for the preparation of environmental report and consequently for land-use and siting plans. The criteria for their establishment is the level of harmful health effects that could be a consequence of an accident based on a set of pre-defined scenarios.

Sweden There are no formal criteria for assessment of the LUP requirement.

There is no formal coordination.

Switzerland See 2 d) and 3 a)above Refer to guidance documents @ following link:37


UK The establishment of the consultation area is not coordinated with SEA procedures. Hazardous substances consent is covered by Planning law. When HSE or HSENI are consulted by a planning authority about an application for hazardous substances consent (new consent or modified consent), a consultation area is drawn and shared with the planning authority along with any advice

37 http://www.bafu.admin.ch/publikationen/00021/index.html?lang=fr

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about compatibility with existing development in the vicinity. The ‘area’ is considered ‘notified’ if the consent is granted. Zones (within a consultation area) alongside major accident hazard pipelines are notified to planning authorities. See the legal paragraph referred to in the response to question 12(a) above: HSE/HSENI is consulted by planning authorities when relevant development is proposed in consultation areas.

Netherlands The manner in which the local risk and the group risk are calculated statutory regulated. The considerations concerning the safety and decision-making is the responsibility of the local authorities.

In environmental impact assessments , environmental permits and zoning work with the legal framework as established by the BEVI

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A.1.1.13 Please indicate (and describe) how the environmental and health hazards posed by industrial accidents and their potential transboundary effects are included into your national land-use planning system

Country Please indicate (and describe) how the environmental and health hazards posed by industrial accidents and their potential transboundary effects are included into your national land-use planning system

legal requirement– please describe

no formal requirement – please describe

not included – please describe

Armenia RA Law on Environmental Impact Assessment and Appraisal stipulates application of SEA and EIA

Albania The draft law “On prevention of major-accident hazards involving dangerous substances ”is in the drafting process

Austria 9 legal acts of the Provinces concerning land use planning and siting

Belgium Flemish Region

Flemish region: See point 2.Transboundary effect/risks are included in national and regional regulations.


Czech Republic

Act No. 100/2001 Coll. and Act No. 183/2006 Coll. – via SEA/EIA processes (the environmental and health hazards shall be

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considered in the Environmental report)

Denmark Statutory Order 2006-12-14 nr. 1666 Memorandum 37 Act of environmental assessment of plans and programs 2015-12-10 nr.1533

Estonia "According to the Planning Act the duties of the authority that organizes planning work include assessment of the relevant economic, social, cultural and environmental impacts resulting from the implementation of the spatial plan, including arranging the SEA. When making planning arrangements, the authority must take into account the relevant strategies, risk analyses, existing spatial plans that are in effect, development plans and other documents that have an impact on spatial development, as well as other relevant information. As a general principle upon preparation of a strategic planning document the results of SEA must be taken account. "

Germany "Germany: In the case of human health: Distances of

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Health Hazards: Störfall-Verordnung, Baugesetzbuch No clear legal requirements in the case of environmental hazards. "

KAS-18 or individual calculation of the spread of immission concentrations regarding to individual properties of substances, safety measures, ERPG limits In the case of environment: no criteria

Finland "This shall be accounted for in the participation and assessment scheme for the plan. Authorities, natural persons and organizations of a state that might be affected by the plan shall be given an opportunity to take part in participation and interaction procedures related to compilation of the plan. (Land Use and Building Act, Section 199; Land Use and Building Decree, Section 99) "

Israel See previous answer

Lithuania See the answer to the part B, point 7, f).

Moldova Law # 272 of 23.12.2011 on Water Chapter III Data Registration. Policies and Planning Article 15. The Register of Environmental Permits for Specialised Water Use

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(1) The Register of Environmental Permits for Specialised Water Use shall be maintained by a competent body. The Register shall contain information on permit holders, types of the permits, dates of issuance, validity terms, places of permit-covered activities, other information on issuance, adjustment, extension, termination, withdrawal or annulling. Supporting document for data entries in the Register of Environmental Permits for Specialised Water Use shall be kept in relevant files. The central pubic authority in the sphere of environmental protection, operating directly or via its subordinated entities with functions in the sphere of water management, shall support participation of public and private entities, NGOs, mass media outlets, associations of water users, citizens and other stakeholders in implementation of measures for rational use and protection of water resources by promotion of: f) participation in works for optimisation of use and protection of water resources, as well as in prevention and mitigation of adverse water impacts;

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Government Decree # 360 of 18.04.1997 on Approval of the Regulation on Urban Development Certificates and Permits for Construction or Demolition of Constructions Use of land plots and real estate in human settlements, design of civil, industrial, agricultural and other constructions, conduction of works for construction or demolition of constructions (referred hereinafter to as construction/demolition works), implementation of other urban development activities at the whole territory of the Republic of Moldova shall be conducted according to the due legislation and in compliance with permits - urban development certificates and permits for construction/demolition works and in compliance with this Regulation. In zones of industrial risks, it is necessary to provide conclusions of the Ministry of Industry (or its authorised bodies) and the Department of Standardisation and Metrology; In the case of high complexity of announced works and location of the site within urban/territorial environment, the authority of

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issuance of the urban development certificate, based on the due legislation and technical standards, may decide on appropriateness to extend the range of supporting documentation for issuance of construction permits by some conclusions and studies, namely: а) zonal/detailed urban development plan; b) conclusions of the authorised authority in the sphere of industrial safety (for construction with technogenic risks). (4) Regulatory sections of master urban development plans contain provisions on: a) delineation of the territory of a human settlement; b) delineation of the central zone of the human settlement; с) delineation of functional zones; d) identification and delineation of built zones; e) identification and delineation of zones under temporary or permanent construction bans; f) identification of building development regime, including: - red lines; - numbers of storeys; - control indicators;

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- land use ratios; g) delineation of zones for public works, as well as zones with legislatively fixed preferential rights of local authorities for purchase of real estate; h) identification of routes and patters of communication links to be preserved, altered or constructed; i) setting procedures for technical infrastructure development; j) delineation of protection zones; k) identification of zones for future urban development; l) identification of minimal land plot areas by zones

Portugal ( see answer to question 12c)

Poland As in the answer to question 5.

Romania

Serbia Please, see the answer above, under the question n° 5.

Slovenia According to Environmental Protection Act

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the risks and potential of transboundary effects need to be identified and analyzed in the SEA and EIA reports and consultant with ministries and organization and public via SEA/EIA procedure.

Sweden The Planning and Building Act (SFS 2010:900) chapter 2, paragraph 5.


Na Na

UK Due to the UK’s island nature there is extremely limited potential for transboundary consequences. There are no formal procedures for consulting a neighbouring country regarding environmental and health hazards posed by industrial accidents and their transboundary effects as the only potential other country (the Republic of Ireland) uses the same international legislation – Seveso III – to identify hazardous activities and installations as the UK. Whilst there are no formal administrative arrangements, local government in Ireland are aware of the NIEA emergency number and the contacts within the NIEA that exist for

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pollution incident handling. Similar arrangements are in place for HSENI.

Netherlands The BEVI has established a link between the risks of Seveso companies and decision-making regarding environmental permits and zoning .

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A.1.1.14 Please indicate what type of method is used to define distances from the hazardous activity and the related use of the land:

Option A and B

Country

Please indicate what type of method is used to define distances from the hazardous activity and the related use of the land:

quantitative risk based assessment – please describe

consequence based assessment – please describe

Armenia Yes Yes

Belgium (Flemish)

Flemish region: The Flemish region uses the method of Quantitative Risk Analysis to calculate the risks of Seveso companies; the risks are checked to the risk criteria as described in point 12 c).

Cyprus Individual risk contours and sensitivity of the development

Consequence based assessment if quantitative risk based assessment is not available.

Czech Republic

Act No. 224/2015 Coll., on the Prevention of Major Accidents

Act No. 224/2015 Coll., on the Prevention of Major Accidents

Estonia There is a handbook “ The company's guidelines for the preparation of quantitative risk analysis” for enterprises. (By Netherlands example) Book presents both safety related to the handling of hazardous substances as well as facilities associated with the transportation of hazardous substances risks of the methodology used to calculate the necessary baseline data.

Germany Germany: In the case of human health: Distances of KAS-18 or individual calculation of the spread of immission concentrations regarding to individual properties of substances, safety

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Country




measures, ERPG limits In the case of environment: no criteria

Finland the distances are based on the consequences of worst credible cases

Israel See previous answer

Moldova Regulations stipulate special requirements for defining safe distances and delineation of risk zones For example: Safe distances from storages of liquid chlorine: 1) In the case of chlorine in cylinders - 150 m 2) In the case of chlorine in containers - 500 m Residential, culture and utility buildings are not allowed within risk zones. Industrial constructions within risk zones should be limited to a maximal possible extent.

Portugal (see answer to question 12c)

Serbia Please, see the answer above, under the question n° 6.

Slovenia Methodology for the determination of appropriate distances is defined in the Minimum Distance Decree and is based on the type and scope of possible harmful health effects of major accidents in an establishment and vulnerability of buildings or infrastructure in the influence zone. The influence zone is determined based on

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Country




the effects resulting from reference accident scenarios. These scenarios are in the Decree defined based on the characteristics of dangerous substances relevant for the establishment. The influence zone is divided into sub-zones based on the extent of possible harmful effects. Different types of buildings and infrastructure in the influence zones are categorized with regard to the characteristics of their use (residential, schools, shops, libraries, roads, …) indicating the level of their vulnerability to hazards of major accidents. Appropriate distance is finally determined based on a matrix combining vulnerability class and influence zone category.

Switzerland Risk assessments are based on a set of scenarios which are checked by the authorities. These scenarios are the basis for the establishment of internal and external emergency plans. Often, the highly qualified and professionally organised emergency services of the bigger installations also intervene beyond their installations acting as a matter of fact like public emergency services.

See 12a)

Refer to guidance documents @ following link:38

na

Netherlands Het plaatsgebonden risico en het groepsrisico zijn resultaten van een kwantitatieve risicoanalyse.

38 http://www.bafu.admin.ch/publikationen/00021/index.html?lang=fr

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Country




Option C and D

Country



no formal requirement

Austria The mentioned guidance paper is a mixture of a simple risk based and consequence based approach according to the amount of hazardous substances on the site

Denmark We use a combination of quantitative and consequence based assessment. For the health consequences outside the perimeter of the industrial site a quantitative based assessment is used. For the environmental consequences a combination can be used

Estonia All enterprises are free to choose their method. Documents must be approved by the Technical Regulatory Authority in cooperation with the Rescue Board in the event of a risk analysis and safety report. Also methodology has been developed by Estonian Rescue Board for land use planning decision making (clear criteria for danger area and planned objects).

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Finland for explosives the distances are mainly based on the amounts of explosives

Poland Operators of UTE are obliged to develop and submit a safety report that includes information for land use planning (i.a. description of possible accident scenarios and probability of their occurrence, taking into account an assessment of their range and effects). National legislation does not impose a methodology to evaluate major accident hazards, so the choice is up to the operator. Works on formal requirement are carried out in the Ministry of Environment (as described in the answer to question 12).

Switzerland Na Na

UK HSE uses a number of different approaches to carrying out the assessment mentioned in response to 12(b) above, depending on the level of uncertainty in the accident frequency data. The protection concept assessment is used when there is a high level of uncertainty in the data. HSE has developed a three-tiered approach to the selection of representative worst case major accidents. Where there is sufficient certainty in the frequency data, HSE will move on to a quantified risk assessment technique. Whichever method is adopted, the outcome is a consultation distance (the consultation ‘area’, which encompasses three zones: inner, middle and outer) which HSE provides to the local

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Country




planning authority. In some cases assessment of a site requires use of both the protection concept assessment and the quantified risk assessment due to different activities at the site. In the case of a protection concept analysis, these zones represent areas within which different levels of harm can be expected for a typical population exposed to the representative worst case major accident. Inner zone – which means that there will be a high likelihood of death for a typical population. Middle zone – represents a decreasing likelihood of fatality across the zone for a typical population but all will be subject to a dangerous dose. Outer zone – which represents a very low likelihood of death for a typical population but represents a dangerous dose for a sensitive population. In the case of a risk assessment, the three contours represent levels of individual risk of 10 chances per million (cpm), 1 cpm and 0.3cpm per year respectively of receiving a ‘dangerous dose’ or defined level of harm. A ‘dangerous dose’ is one which would lead to: severe distress to all who received it; a substantial number of them requiring medical attention; some requiring hospital treatment; and some (about 1%) fatalities. Regarding HSE’s advice on proposed development within the consultation area, to derive the advice the type of population in terms of their sensitivity to the hazard, the numbers of people, their density and the length of time that they are there are taken

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into account. These factors have been applied to case decisions over many years and codified into a scheme called PADHI that delivers HSE’s land use planning advice. Regarding HSE’s advice on applications for hazardous substances consent, HSE have incompatibility criteria about existing development within the zones. HSE NI follow a broadly similar approach to HSE.

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A.1.1.15 Please indicate if and how the contingency plans (both on- and off-site) referred to in Art.8, paragraphs 2 and 3, of the Industrial Accidents Convention are coordinated with decision-making regarding land use

Option A, B and C

Country Please indicate if and how the contingency plans (both on- and off-site) referred to in Art.8, paragraphs 2 and 3, of the Industrial Accidents Convention are coordinated with decision-making regarding land use

via SEA - please specify the legal basis and describe

directly with land use plans - please specify the legal basis and describe

directly with siting and/or the significant modification of hazardous activities - please specify the legal basis and describe

Armenia RA Law on Environmental Impact Assessment and Appraisal stipulates application of SEA and EIA

Stipulated by Construction Norms and Rules (SNiP)

Albania We can reply after approve of the draft law “On prevention of major-accident hazards involving dangerous substances”.

Bulgaria no

Denmark The Statutory Order 2006-12-14 nr. 1666 specifies that the documentation and conclusions on contingency planning is also part of the documentation in the consultation with the Planning Authority.

Estonia All operators must draw up emergency plans and to test the emergency plan. Plans must be approved by the Rescue Board. The operator of an enterprise with a major hazard

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organises a training exercise at least once every three years. The Rescue Board is informed of the training exercise at least 20 working days before the exercise. Competence of Rescue Board is to draw up the external-enterprise emergency plan for a category A enterprise (upper-tier) with a major hazard. The Rescue Board will communicate information on a cross-border major-accident risk arising from a category A enterprise with a major hazard to states that may be affected by such accident

Finland The obligations to prepare for an on-site contingency plan are stipulated in the Act on the safety of handling dangerous chemicals and explosives (390/2005) and its Decree

Portugal The commission constituted for the creation and revision of municipal land use plans, under Decree 80/2015, of 14th May and Regulation 1474/2007, of 16th November, includes the entities that have competences relevant to the area of the application of the

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plan and its environmental effects. In this regard the regional offices of the National Authority for Civil Protection can be part of this commission.

Switzerland na Na See 2 d) and 3 a)above

Netherlands The safety Regio on land use around Seveso companies , with regard to the aspect of self-sufficiency of the population and the potential of disaster management .

The safety Regio on land use around Seveso companies , with regard to the aspect of self-sufficiency of the population and the potential of disaster management .

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Country

Please indicate if and how the contingency plans (both on- and off-site) referred to in Art.8, paragraphs 2 and 3, of the Industrial Accidents Convention are coordinated with decision-making regarding land use

via other means - please specify the legal basis and describe

No formal coordination

Austria As there are different reginalcompetent authorities in the 9 Provinces they coordinate in a consulting to address the industrial accidents safety considerations in the land use planning and siting

Cyprus No normal coordination

Germany Germany: The contingency management laws of the lander

Finland Obligations for off-site contingency plans are based on the Rescue Act and are stipulated in detail in the Decree by the Ministry of Interior on off-site contingency plans for sites posing special danger (612/2015)

Israel See answers 3 &4

Poland no formal coordination

Slovenia no formal coordination

Sweden no formal coordination

Switzerland na

UK For Lower Tier COMAH establishments emergency arrangements form part of the Major Accident Prevention Policy and the Safety Management System allows implementation of the on-site response. The

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Country

Please indicate if and how the contingency plans (both on- and off-site) referred to in Art.8, paragraphs 2 and 3, of the Industrial Accidents Convention are coordinated with decision-making regarding land use

via other means - please specify the legal basis and describe

No formal coordination

external plans are prepared under civil contingency arrangements and are included in the local community risk register and the response is delivered via Local Resilience Forum arrangements. For upper tier COMAH establishments, the safety report written by the operator should identify the potential major accident scenarios and these should be taken into account when plans are developed by the local authority emergency planning unit and delivered via the Local Resilience Forum arrangements. Land-use decisions are made by local authorities. Local authorities prepare COMAH off-site (external) emergency plans and take part in civil contingency arrangements. Therefore there is opportunity for consultation and co-ordination within local authorities. As mentioned previously, procedures exist for liaison and co-operation between the authorities in Northern Ireland and Ireland where transboundary hazards may exist

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A.1.1.16 Please indicate the mechanism to ensure that in the decision-making regarding land use in your country due account is taken of the analysis and evaluation pursuant to Annex V as well as of the comments received pursuant to paragraph 9 of Annex III and of the outcome of the consultations referred to in paragraph 10 of Annex III of the Industrial Accidents Convention

Option A, B and C

Country Please indicate the mechanism to ensure that in the decision-making regarding land use in your country due account is taken of the analysis and evaluation pursuant to Annex V as well as of the comments received pursuant to paragraph 9 of Annex III and of the outcome of the consultations referred to in paragraph 10 of Annex III of the Industrial Accidents Convention

via SEA - please specify the legal basis and briefly describe

directly with land use plans - please specify the legal basis and briefly describe

directly with siting - please specify the legal basis and briefly describe

Armenia RA Law on Environmental Impact Assessment and Appraisal (21.06.2014)


Austria Consulting procedure by siting

Belgium Flemish Region

Flemish region: See point 2.

Flemish region: See point 2.

Bulgaria No

Cyprus According to article 21 of the Law on the Assessment of Impact on the Environment from Certain Plans and/or Programmes (No.102(I)/2005), the Competent Authority before making its decision regarding a Development Plan takes into consideration the SEA study, the submitted representations,

According to the provisions of the Town and Planning Law, during the process of preparing or amending a Development Plan, a broad range of Government Departments , Local authorities, NGO’s , private institutions and members of the public are consulted through open community meetings, public

In terms of development control, a consultation procedure takes place with other responsible Governmental Departments on different levels, so that a special set of conditions is prescribed for the granting of each permit, in accordance with the Seveso II Directive and the corresponding local

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Country Please indicate the mechanism to ensure that in the decision-making regarding land use in your country due account is taken of the

analysis and evaluation pursuant to Annex V as well as of the comments received pursuant to paragraph 9 of Annex III and of the outcome of the consultations referred to in paragraph 10 of Annex III of the Industrial Accidents Convention




the opinion of the Environmental Authority, the Results of any public inquiry and the results of any consultations with other member states. If the Competent Authority disagrees with any of the terms specified by the opinion of the Environmental Authority then the matter is referred to the Council of Ministers for decision (article 21).

hearings, an open call for written consultation and objections to be submitted. These representations, as well as technical advice from relevant Government Departments that relate to industrial accidents, are taken into account when formulating a Development plan.

legislative clause of Law N90/72.

Czech Republic

Act No. 100/2001 Coll., on the Environmental Impact Assessment - If the specific parameters of planned project are known, it is reflected in SEA procedure for land use plan. But mostly this detail is known only in the level of the EIA procedure for specific project

Denmark The Statutory Order 2006-12-14 nr. 1666 specifies that the documentation and conclusions on contingency planning is also part of the documentation in the consultation with the Planning Authority

Estonia Answer to question 13

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Germany Germany: BImSchG and the 4th regulation of the BImSchG For a part of the sites or installations relevant documents are published by the competent authorities. The public has in this case the possibility to give written objections to the CA and debate them with the CA and the operator on specific date of discussion

Finland Land Use and Building Act: Section 199: Cross-border environmental impact “If the implementation of an international treaty that is binding on Finland requires cooperation with another state when the environmental impact of implementation of a land use plan based on this Act is assessed, the regional council or the local authority drawing up the plan shall, before it is approved, provide the competent ministry or the regional environment centre with the data required for the notification to be made to the other state as prescribed in the treaty. The competent ministry is responsible for notification and negotiation duties based on the treaty referred to in paragraph 1.

See previous answer

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More detailed provisions on notification and negotiations will be issued by decree.” Land Use and Building Decree: Section 99: Cross-border environmental impact “If a plan that is being drawn up is likely to call for procedures as referred to in section 199 of the Land Use and Building Act, the regional council or local authority drawing up the plan shall notify the regional environment centre that planning is under way. The notification shall include the participation and assessment scheme related to the plan and other information needed to estimate whether cooperation with another state is called for. The regional environment centre shall send the participation and assessment scheme, its own opinion on the matter and other necessary information without delay to the Ministry of the Environment so that it can notify the other state. The Ministry of the Environment supplies the Ministry of Foreign Affairs with the notification sent to the other state for its information. The Ministry of the Environment or a regional environment centre designated by the Ministry shall provide authorities, natural

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persons and organizations of a state that is party to a treaty referred to in section 199 of the Land Use and Building Act with an opportunity to take part in participation and interaction procedures related to compilation of the plan. To this end, the regional council or local authority drawing up the plan shall provide the Ministry of the Environment or the regional environment centre designated by the Ministry with the necessary information on assessments of the plan’s impact.”

Lithuania • In relation to the Annex V and with regard to territorial planning: 1) in case of expected significant impact on environment -and activity falling under demands when a regular obligatory SEA is performed or 2) in cases of small areas at local level and minor modifications of plans, subject to SEA, after the screening on plans territorial plans performed resulting in conclusion of SEA to be performed - the scope and depth of analysis is defined on the basis of the written answers of the participants of assessment process.

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• In relation to the paragraph 9 of Annex III: see answer to the part B, point 7, d). • In relation to the outcome of the consultations referred to in paragraph 10 of Annex III: as much as it relates to the SEA - see an answer to the part B, point 7, f). In this case and with regard to the territorial planning documents preparation - the process might be briefly described as follows: All the transboundaiy communication (described below) between the party ef origin and the state that is likely to be si9nificantly cifjected (European Union Member State or a forei9n state, non-European Union Member State, which has j oined the Protocol on Strategic Environmental Assessment to the Convention on Environmental Impact Assessment in a Transboundaiy Context (OJ L 308, 2008, p. 35) -proceeds in each step under the mediation ef the Ministry ef Environment (MoE) - the competent nationa l authority ef SEA. If decided to initiate a transboundary consultation process, or when the other state

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where there may be significant effect·s so requests, the party of origin: - shall notify the state of the plan under preparation , the potential significant environmental effects of its implementation, provide information on the nature of the decision planned to be adopted, specify the period within which the state that is likely to be significantly affected may notify of its willingness to participate in the assessment process; - having obtained a response from the state that is likely to be significantly affected about its willingness to participate in the assessment process, - shall submit the information about the plan or programm e under preparation and the summary of the screening document or assessment report in the English language and (or) the national language of the state that is likely to be significantly affected and, also, the information on further assessment procedures. The state that is likely to be significantly affected shall: - indicate a time limit within which it may submit its proposals;

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- shall transmit to the organizer the proposals or information concerning the plan or programme under preparation and (or) its assessment received from the state that is likely to be significantly affected. The organizer shall hold transboundary consultations with the state that is likely to be significantly affected on the potential transboundary effects on the environment of implementation of the plan or programme and the measures to reduce or eliminate these consequences. The transboundary consultations shall be held in accordance with the Protocol on Strategic Environmental Assessment to the Convention on Environmental Impact Assessment in a Transboundary Context

Portugal (see answer to question 7d) and f))

Decree 80/2015, of 14th May establishes the public consultation on land use plans, where information about the hazardous zones can be present.

Decree-Law 150/2015 establishes the public consultation in line with Directive Seveso III.

When a planned project may have a

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Serbia significant impact on the environment of another state, or when another state in which the environment could be significantly threatened requests the information, the Ministry shall submit to the states concerned within the shortest possible period, at the latest simultaneously with notifying its own public the information on: 1) The project, together with all available information on its possible effects; 2) The nature of the decision that may be adopted; 3) The period within which the state concerned may give notice of its intention to participate in the impact assessment procedure

Slovenia Elements of analysis and evaluation pursuant to Annex V are part of the Minimum Distance Decree. Slovenian authorities would make available the analysis and evaluation documentation to the public in possibly affected country through the competent authority in this country. The comments received from the public in possibly affected country would be

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analysed and (not)taken into account in the same way as comments from Slovenian public. The consultation process with possibly affected country is regulated in the Environmental Protection Act. Possibly affected neighbouring country would be invited first to express its interest in entering the consultation process. In case of such interest the relevant documentation would be made available to competent authority of this country. Both countries would then also decide on a deadline for the comments from the possibly affected country or would agree on other forms of consultation to prevent or minimise the transboundary effects of a plan.

Sweden The SEA process calls for a description of potential impacts and the mitigation measures that will be applied. There is no obligatory risk assessment, only summary of potential impact.

Switzerland

Na Na See 2 d) and 3 a)above

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Netherlands The Environmental Management Act (Chapter EIA ) refers to the General Administrative Law Act. The General Law on administrative law includes requirements for decisions of the government. Decisions must be motivated. Decisions should include relevant considerations of interests. If the EIA Committee delivered an opinion to motivate the authorities what she has done this. Stakeholders in decisions (citizens and NGOs) have the right to object and to bring an action before a court.

The Spatial Planning Act also refers to the General Administrative Law Act. The General Law on administrative law includes requirements for decisions of the government. Decisions must be motivated. Decisions should include relevant considerations of interests. Interested in having the right to object and to bring an action before a court.

The Environmental Protection Act ( chapter environmental permit ) also refers to the General Administrative Law Act. The General Law on administrative law includes requirements for decisions of the government. Decisions must be motivated. Decisions should include relevant considerations of interests. Interested in having the right to object and to bring an action before a court.

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Option D and E

Country

Please indicate the mechanism to ensure that in the decision-making regarding land use in your country due account is taken of the analysis and evaluation pursuant to Annex V as well as of the comments received pursuant to paragraph 9 of Annex III and of the outcome of the consultations referred to in paragraph 10 of Annex III of the Industrial Accidents Convention

via other means - please specify the legal basis and briefly describe

no formal coordination

Israel yes no formal coordination

Poland no formal coordination

Switzerland NA NA

UK The method of assessing sites to determine whether they should be in scope of TEIA is superseded in the EU by Seveso III, (implemented in the UK through COMAH and relevant planning legislation) therefore our legislation applies to all sites covered by COMAH

A.1.1.17 Please indicate if your country has any mechanisms:

Country

Please indicate if your country has any mechanisms:

YES Not in a systematic manner


Austria Consulting procedure by siting

Bulgaria In the Environmental Protection Act

For SEA procedures for land use plans – according to Environmental Protection Act the results of evaluation included as measures in the final SEA act are obligatory for implementation. The final SEA act is part of the needed documentation for final approval

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375

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of the plan.

Cyprus Yes Yes

Czech Republic

Act No. 224/2015 Coll., on the Prevention of Major Accidents - §§ 36, 37, 38 (1) Regional Authority decides on approval of the draft final report on the occurrence and effects of a major accident. (2) In the event that a draft final report on the occurrence and impact of a major accident does not meet the requirements of this Act and the legislation adopted for its implementation, particularly as regards the corrective measures taken to mitigate the consequences of a major accident and preventive measures proposed to prevent its repetition, Regional Authority prompts the operator to correct the shortcomings and set a deadline for their elimination. (3) Regional Authority in collaboration with the fire brigade counties draw up recommendations to operators on future preventive measures that are not listed in the final report on the occurrence and impact of a major accident and that could lead to improved prevention of major accidents. (4) The Regional Authority may, on the basis of the final report on the occurrence and impact of a major accident store operators to ensure the updating of the safety program or safety report and update submitted for approval to the Regional Authority and to fix a deadline. Regional Authority may also impose on operators to ensure the updating of the internal emergency plan and submit it to the Regional Authority for registering and storing by Regional Fire and Rescue Brigades.

Denmark The Statutory Order 2006-12-14 nr. 1666 specifies that an evaluation of accidents take place.

The Statutory Order 2006-12-14 nr. 1666 specifies that the documentation and conclusions on evaluation of accidents is also part of the documentation in the consultation with the Planning Authority.

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Estonia In order to prepare for emergencies, risk analysis is prepared in cooperation between different agencies that allows to consistently evaluate what the main emergencies that threaten the population are, what their possible implications are, and whether we are ready to cope with such situations. Risk analyses are prepared every two years, the most recent one was drawn in 2013.

For the first time, the latest risk analysis includes a plan for risk-reducing measures also measures for land-use planning. It addresses activities of specific ministries that are necessary to prevent emergencies and alleviate their possible consequences.

Germany Germany: Yes, for human health

Germany: Yes, for human health

Israel none

Lithuania The operator of a upper-tier dangerous establishment is obliged to prepare a safety report as required by the Regulations on Prevention of, Response to and Investigation of Industrial Accidents. The matters indicated in Annex V (Analysis and evaluation) are required to consider in the safety report (therefore, evaluation of the effects of the industrial accidents, incl . those with transboundary effects, has to be performed and the response measures have to described). During the territorial planning procedure the FRD takes into account the information that is provided in the safety report of dangerous establishment

Portugal The evaluation of effects, transboundary or not, is made in the land use compatibility assessment or the environmental impact assessment.

These hazardous areas surrounding the establishments covered by Seveso Directive are integrated in the revision of municipal land use plans. Decree-Law 150/2015 establishes the creation of a cadastre of the hazardous areas related to the establishments, which will improve the implementation of these dispositions. Nowadays, it is provided, on a case by case basis, support to local planning authorities when he municipal land use plans are being reviewed and/or the strategic environmental assessment is taking

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place.

Poland The conduct of an environmental impact assessment (EIA) and strategic environmental impact assessment (SEA), including in a transboundary context, is regulated in Poland by the EIA Act. According to the EIA Act, an EIA is carried out, among others, as part of an environmental permit, which determines the environmental conditions for project implementation. It is an administrative decision that is mandatory before obtaining further investment decisions, and it is binding on the authorities issuing such decisions. An environmental permit defines e.g. the following: • project type and location, • conditions for land use at the project construction and operation stage or at the project utilisation stage, • environmental protection requirements to be included in the design documentation, in particular in the construction design, • requirements for counteracting the effects of industrial accidents, • requirements for reduction of the transboundary environmental impact with regard to projects for which a transboundary environmental impact assessment has been carried out, • mitigation and compensation measures, if necessary, • requirement to conduct environmental monitoring, if justified, • requirement to conduct post-project analysis, if necessary, • in the case of a nuclear power facility, a condition is imposed to re-evaluate the environmental impact before issuing a construction permit for a nuclear facility. Besides, the justification of the environmental permit should contain, among other things, the information about how and

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to what extent the findings contained in the documentation of environmental impact assessment have been included, as well as the results of the proceedings on transboundary environmental impact, if they were carried out, the comments and requests made in the context of public participation and the opinions of competent authorities (including the effects of industrial accidents) Such issues should also be considered during SEA

Serbia Yes Partially

Slovenia Major accident Decree establishes a mechanism for the evaluation of effects of industrial accidents (with or without transboundary effects) should such an accident happen in one of hazardous activities in Slovenia. There is however no legal requirement that the findings of such evaluation be taken into account in the land-use planning or siting process.

Sweden The screening process is mandatory (Seveso Directive) and is available in SEA.

No, there are no mechanisms to ensure that results of the evaluation are taken into account into the land use planning. LUP precedes the siting decisions



UK Standard procedures to investigate any accident would look at this

HSE analyses major accidents as part of investigation of the accident. Because HSE does the assessment to produce consultation areas for land-use planning, the results feed into the assessment data/procedures as appropriate. This could take some time depending on how difficult the analysis is. Examples: our advice was modified following the Buncefield major accident and we continue to learn from similar world-wide events; our assessment method for ammonium nitrate sites was modified after analysis of accidents involving ammonium nitrate transport was taken into account.

Netherlands The effects of accidents are included in the The statutory calculation method for the local

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statutory calculation method for the local risk and the group risk. New data on the effects of accidents can be a reason to adjust the statutory calculation method.

risk and the group risk is used in determining zoning.

A.1.1.18 Is there any form of guidance available in your country for considering risks of accidents within the decision-making regarding land use through (Question c6)

Country

Is there any form of guidance available in your country for considering risks of accidents within the decision-making regarding land use through

(a) strategic environmental assessment If yes, please either share a copy of this guidance or explain if any specific methodological suggestions are provided with regard to considering: • Environmental consequences of possible industrial accidents • Health risks associated with possible industrial accidents

(b) industrial accidents safety assessment If yes, please either share a copy of this guidance or explain if any specific methodological suggestions are provided to inform decision-making related to land-use – such as:

Armenia No

Austria yes: • Environmental consequences of possible industrial accidents • Health risks associated with possible industrial accidents • • There are SEA guidances available, which refer to risks and accidents but they do not propose an additional method for these kind of aspects. The guidances propose a certain method for carrying out an SEA which compromises all relevant aspects according to the Protocol including risks and accidents (www.strategischeumweltpruefung.at)

yes: If yes, please either share a copy of this guidance or explain if any specific methodological suggestions are provided to inform decision-making related to land-use – such as: Guidance paper of the 9 Provinces concerning land use planning in the vicinity of Seveso sites

Belgium (Flemish)

yes: Flemish Region:

Guidance for safety reporting of upper tier Seveso companies:39

Bulgaria No

39 http://www.lne.be/themas/veiligheidsrapportage/rlbvr P AG E 266 O F 375

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Cyprus No Yes See following link :40

Denmark Yes yes : Health risks associated with possible industrial accidents:41

Estonia YES: Recently a handbook on environmental risk assessment (in Estonian) was made available on the website of the Ministry of the Environment. Although the focus of this guidance may be more on the general concept of risk assessment and its integration with the EIA procedure, then for sure this a helpful document also regarding the topic in question (e.g. methodological aspects

YES: Methodology has been developed by Estonian Rescue Board for land use planning decision making (clear criteria for danger area and planned objects).

Germany No yes: Guidance KAS-18: Recommendations for separation distances between establishments covered by the Major Accidents Ordinance (Störfall-Verordnung) and areas worthy of protection within the framework of land-use planning - implementation of Article 50 of the Federal Immission Control Act (Bundes-Immissionsschutzgesetz, BImSchG42

Finland No YES : Finnish Safety and Chemicals Agency (Tukes) has issued a guide “Siting of

40 http://www.mlsi.gov.cy/mlsi/dli/dliup.nsf/All/EEEAA467BC3C3BA1C2257DDB00438745?OpenDocument 41 http://www2.mst.dk/udgiv/publikationer/2008/978-87-7052-814-6/pdf/978-87-7052-815-3.pdf They are both in Danish, but first is with English summary 42 http://www.kas-bmu.de/publikationen/kas_gb/KAS-18k_en.pdf

http://www.kas-bmu.de/publikationen/kas/KAS_18.pdf http://www.kas-bmu.de/publikationen/kas/KAS_18_ErsteKorrektur.pdf http://www.kas-bmu.de/publikationen/kas/KAS_18_ZweiteKorrektur.pdf http://www.kas-bmu.de/publikationen/kas/KAS_32_2.pdf The guidance holds only for substances dangerous for human health

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facilities”. The guide is available only in Finnish. The guide provides guidance on how to conduct a simplified consequence based assessment to define distances from the hazardous activity.

Israel No yes: The backbone of the Safety Plan is mandatory and acts as a guide [ it is available only in Hebrew]

Latvia Yes Yes

Lithuania No No

Moldova No No

Portugal Yes Yes

Poland No yes43

Romania No No

Serbia No No

Slovenia Minimum Distance Decree is to be used. No additional guidance available.

Sweden yes: “Planning and risk management in connection to establishments with large scale chemicals”,44 Planning and risk management in connection to establishments with large scale chemicals

If yes, please either share a copy of this guidance or explain if any specific

yes: “Accident risks and environmental impact assessment”45 If yes, please either share a copy of this guidance or explain if any specific methodological suggestions are provided to inform decision-making related to land-use – such as:

43 http://www.gios.gov.pl/images/dokumenty/powazne_awarie/metodologia_20120131.pdf

http://www.gios.gov.pl/images/dokumenty/powazne_awarie/aktualizacja_20110325.pdf (update) 44 https://www.msb.se/RibData/Filer/pdf/27588.pdf 45 https://www.msb.se/RibData/Filer/pdf/26494.pdf P AG E 268 O F 375

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methodological suggestions are provided with regard to considering:

• Environmental consequences of possible industrial accidents

• Health risks associated with possible industrial accidents

Switzerland No No

UK No See attached document: Risk criteria for land-use planning in the vicinity of major industrial hazards 1989.

See the PADHI guide46 which is used together with the zones (in a consultation area) that HSE issues, to produce HSE’s advice to planning authorities. Planning authorities are the decision makers but they have to let HSE know in advance if they wish to go against HSE’s advice.

Guidance used within HSE: Planning Case Assessment Guide Chapter 0 – contains incompatibility criteria for when HSE advises planning authorities after HSE is consulted about hazardous substances consent and HSE has done an assessment and drawn zones. These criteria are not applied to legacy situations (where industry and development grew up together before major-accident-hazard controls were in place). That would be retrospective and not appropriate. The optimum opportunity to intervene is at the planning stage. The overall objective of HSE’s LUP advice is to ensure that residual

46 http://www.hse.gov.uk/landuseplanning/methodology.pdf

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risk of major accidents is taken into account when land use planning decisions are made and that significant developments for public occupation near to major hazards should be inhibited to avoid undesirable increases in numbers at risk.

A.1.1.19 Please explain which authorities in your country are consulted within the following processes under the land-use planning and siting procedures: (Question c2)

Country

Please explain which authorities in your country are consulted within the following processes under the land-use planning and siting procedures:

(a) strategic environmental assessment

(b) industrial accidents safety assessment

Albania NO

Armenia • The RA Ministry of Territorial Administration and Emergency Response • Local authorities • The RA Ministry of Urban Development • The RA Ministry of Agriculture • The RA Nature Protection Ministry • The RA State Committee of the Real Estate Cadastre under the RA Government

• The RA Ministry of Territorial Administration and Emergency Response • The RA Nature Protection Ministry

Austria The environmental including health authorities are consulted (see answer to question 3). In general it has to be said that during a planning procedure different authorities are consulted also when no SEA is carried out. The provincial land use planning acts regulate the planning procedures very

The regional competent authority for industrial safety and the regional land use planning authority

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detailed.

Belgium (Flemish)

Flemish Region: Depends on the environmental issues at stake. There is an obligation to consult particular administrative units depending on the issues .

Flemish region: The competent authority on industrial safety is to be consulted. The division “Safety reporting” from the Department of Environment, Nature and Energy is the competent authority regarding all safety issues involving dangerous substances (especially external safety of Seveso companies).

Bulgaria In the SEA procedure are consulted: • MoEW/RIEW – as competent authorities for SEA procedures; • Ministry of Health /Regional Health Inspectorates; • Other authorities depending on the characteristics and location of the plan (Water Basin Directorates, Municipalities, Executive Environmental Agency, Executive Forest Agency, National/Natural Parks Directorates, etc.)

• MoEW/RIEW – as competent authorities for SEA procedures; • Ministry of Health /Regional Health Inspectorates; • Executive Environmental Agency;

Cyprus See also reply in Q9 According to article 14 of the Law on the Assessment of Impact on the Environment from Certain Plans and/or Programmes (No.102(I)/2005), the Competent Authority for a land use plan, carries out consultations with relevant public organisations, local authorities, government services, or public organisations with special environmental competencies and the public . Once the environmental report has been submitted to the Environmental Authority, representations may be submitted within a period of 30 days by any interested person or body (article 13). In addition, the Council of Ministers may decide to hold a public inquiry (article 18). According to article 7, an Assessment Committee is established, chaired by the

department of labour inspection

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representative of the Ministry of Agriculture, Rural Development and Environment and representatives from the Ministries of Interior, of Commerce, Industry and Tourism, of Communication and Works, the Planning Bureau, the Cyprus University and Cyprus Technical University, the Federation of Environmental and Ecological Organisations and the Scientific and Technical Chamber of Cyprus. The Committee advises the Environment Department on the contents of the Environmental Opinion. All opinions or objections raised by the public and other consulted parties are taken into consideration by the Environmental Authority whilst preparing its opinion and by the Competent Authority before making its decision regarding a land use plan

Czech Republic

Regional health authorities, district mining offices, environmental departments of regional authorities, regional department of conservation authorities, management of protected landscape areas within a given region, regional inspectorates of the Czech Environmental Inspection

Regional health authorities, district mining offices, environmental departments of regional authorities, regional inspectorates of the Czech Environmental Inspection, regional inspectorates of the State Labour Inspection

Denmark The Competent Authority must consult the minister for environment and food if the planning can have transboundary effects Art. 5 in Act of environmental assessment of plans and programs 2015-12-10 nr. 1533 Act of environmental assessment of plans and programs 2015-12-10 nr. 1533 Art. 12 and Statutory order nr 1778 af 16/12/2015 – it depends on the content of the plan or program which authorities are relevant to consult – it is specified in the statutory order.

The Competent Authority must consult the Land-use Planning Authority and vice versa.

Estonia Look the answers to questions 3(c) and 7 of part B of the questionnaire.

Technical Regulatory Authority, Rescue Board (its local rescue services) Administration of the city or rural municipality; local council

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Germany NONE German lander or local authorities

Finland any authority that is deemed necessary eg. rescue service authorities, Finnish Safety and Chemicals Agency (Tukes), environmental authorities

rescue service authorities, environmental authorities, occupational health authorities

Israel The regional branch of the Environmental Protection Ministry, the police the health department and the fire brigade

The regional branch of the Environmental Protection Ministry, the police the health department and the fire brigade

Latvia Environment State Bureau, Environmental State Service, as well as, if necessary, the Nature Protection Board, and health and safety institutions (the Health Inspectorate, The State Fire-fighting and rescue service etc). Explanation: The SEA procedure is set through the 1998 Law on Environmental Impact Assessment and the 2004 Cabinet of Ministers Regulation No 157 on “Procedures for Strategic Environmental Impact Assessment” (“Regulation No 157”) that are governing procedures for SEA. Regulation No 157 stipulates that in preparing the draft environmental report for a planning document the developer shall consult Environment State Bureau, respective Regional environmental board of the State Environmental Service, as well as, if necessary, the Nature Protection Board regarding the information to be included in the environmental report and the level of detail thereof. In addition Article 9 of the Regulation No 157 stipulates that the developer shall consult the Bureau regarding the bodies and organizations to which the draft planning document and environmental report should be forwarded in order to receive comments and proposals. In case of land use planning documents that could set

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preconditions for future development projects with risk accidents, involvement of relevant health and safety institutions is ensured through this scoping activity by designation from Environment State Bureau.

Lithuania Under the territorial planning with regard to SEA process -the authorities to be consulted are listed in Resolution NQ 1467 of the Government of the Republic of Lithuania of 23 December 2014 On amending Resolution NQ 967 of the Government of the Republic of Lithuania of 18 August 2004 "On approval of the Order of strategic assessment of the effects of plans and programmes on the environment" contains particular section on the matter : - "Participants of assessment process and their functions" (Section IV);

Poland Regional director for environmental protection, State poviat sanitary inspector and a competent Director of a maritime office (in case of draft documents whose findings might have impact on marine areas)

Competent authorities of SFS and IEP.

Portugal (see answer to question 3c))

The land use compatibility assessment is carried out by the Environment Portuguese Agency. The EIA procedure involves an assessment commission, as explained in answer to question 3c).

Romania Ministry of Environment, Water and Forests, Ministry Of Regional Development And Public Administration, Ministry of Health, Ministry of Transport, Ministry of Economy, Ministry of Energy, Ministry Of Culture, Ministry Of Agriculture And Rural Development, Minister of Internal Affairs- General Inspectorate for Emergency Situation

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Slovenia Please see answer to 7c.

Sweden County Administrative Board, regional authority

County Administrative Board, regional authority

Switzerland NA NA

UK Planning authorities consult HSE/HSENI and the relevant Environment Agency.

Netherlands Commissie mer (see above)

The competent authority for the environmental permit of a Seveso company. Risk information is also available on www.risicokaart.nl

A.1.1.20 Please explain what the requirements are in your country (if any) for informing the public and relevant authorities about the final decisions made within the land-use planning and siting of either new hazardous activities or new developments in the vicinity of existing hazardous activities) based on the outcomes of: (Question c3)

Country

Please explain what the requirements are in your country (if any) for informing the public and relevant authorities about the final decisions made within the land-use planning and siting of either new hazardous activities or new developments in the vicinity of existing hazardous activities) based on the outcomes of:



Albania No No

Armenia The public is involved into the decision-making from the initial stage to the final one, according to: • UN ECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the Aarhus Convention), • RA Law on Environmental Impact Assessment and Appraisal, • Regulation on Public Notification and Public Discussions (# 1325 of 19.11. 2014)

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Austria The documents according to Art. 11 SEA Protocol are made publicly available. This is announced via an official announcement, usually in a newspaper. The detailed requirements for the public information are laid down in the land use planning acts.

The decision on the “Flächenwidmungsplan” is made available to the public at the local authority during office hours and sometimes voluntary also in the internet

Belgium (Flemish)

Flemish region: Regarding land use plans: the final decision is announced in the Official Journal in abbreviated format; it is also included on the website of the authority which took the decision; it is communicated to the municipality where the land-use plan is about and this authority has the obligation to include it in a register. There is a website with information on land-use plans at regional level (www.geopunt.be). Provinces and municipalities have their own website. A new information platform is in the process of being build with the aim to include information of all land-use plans in Flanders. This new platform is DSI. For the moment it is in the phase of being tested and adjusted where necessary. A presentation of DSI is included in the mail. Regarding siting of Seveso companies: the final decision about siting of Seveso companies is made by the competent authorities (Provinces) taken into account the consultation and participation in decision making of the public.

Bulgaria There are requirements in Environmental Protection Act for informing the public about the decision/statement issued as a result from the SEA procedure. The decision/statement is part of the documentation needed for adoption of the plan. If the decision contains measures and conditions for environmental protection, incl. the hazardous activities risk,

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these measures and conditions are obligatory for implementation. There are requirements in Territorial Development Act for informing the public about the final decision for land use plan adoption.

Cyprus According to article 22 of the Law on the Assessment of Impact on the Environment from Certain Plans and/or Programmes (No.102(I)/2005), once the Competent Authority has finalized its decision regarding a Development Plan it is required to inform the Environmental Authority with the content of the decision and the associated terms, the Development Plan as approved, description of the way of incorporating the opinion’s terms and the reasonable alternatives examined. Subsequently, the Environmental Authority informs the public with the publication of a relevant notification in 2 national newspapers, the Government Gazette and a reference in the web page of the Department

In the legislation there are provisions for public consultations.

Czech Republic

Requirements for informing the public are set in Act No. 183/2006 Coll. (§ 54) and in Act No. 100/2001 Coll. (§ 10g para. 5)

Requirements for informing the public are set in Act No. 224/2015 Coll., on the Prevention of Major Accidents - § 31para 1, §§ 34, 35

Denmark There is a public consultation about the final decision. Act of environmental assessment of plans and programs 2015-12-10 nr. 1533 Art. 8 and 10

There is a public consultation about the final decision

Estonia The requirements on giving notice of the adoption of the spatial plan are stipulated in the Planning Act. When giving notification of the adoption of the spatial plan, a brief overview must be provided of the content of the plan, including an overview of the likely

(1) The operator of an enterprise with a major hazard must preventively inform the public and the persons who may be located in the accident impact zone about the major-accident risk arising from the enterprise, safety precautions and advisable conduct in

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economic, social and cultural impacts, and the impact on the natural environment, that may be presumed to result from the implementation of the plan

the event of an accident. (2) In the event of an accident in a dangerous enterprise or enterprise with a major hazard, the operator will immediately inform persons located in the accident impact zone about the accident. (3) At request, the operator of an enterprise with a major hazard will publish the list of hazardous chemicals handled in the enterprise and a summary of the risk analysis, which includes at least information about the major-accident risk, possible consequences to human life and health and to the environment, the size of the impact zone and, in the event of a major accident, the mandatory code of conduct. At request, the operator of a dangerous enterprise will publish a summary of the risk analysis. The summary of the risk analysis will also be submitted to the Technical Surveillance Authority. (4) If a modification planned in the handling of a hazardous chemical results in exposure to a major-accident risk or a substantial increase thereof, the planning proceedings or environmental impact assessment proceedings will ensure that the public is given the chance to express their opinion before implementing it. (5) The Rescue Board will communicate information on a cross-border major-accident risk arising from a category A enterprise with a major hazard to states that may be affected by such accident. (6) Requirements for information given to the public and for notification of an accident will be established by a regulation of the minister responsible for the field.

Germany Legally binding land use plans and the justifications have to be published. Permits of installations have to be published, if the public was involved in the permitting

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process. The justifications have to be published

Finland The decision to approve a plan must be sent immediately to those members of the municipality and objectors who so requested, and at the same time provided their address, while the plan was available to the public. (Land Use and Building Act, section 67) According to the Local Government Act (410/2015 section 140) the decision to approve a plan made by a public authority of a municipality or joint municipal authority must be publically available in the public information network, together with appeal directions.

Information about the final decision shall be given to the Regional State Administrative Agency, the environmental authorities, the rescue service authorities and the municipality

Israel No No

Latvia According to the Cabinet Regulation No.157 “Procedures for Carrying Out a Strategic Environmental Impact Assessment”, the Responsible Authority for preparing and adopting the plan or programme of national level must within five working days after preparation of the informative report post on its home page on the Internet, publish in the newspaper The Official Gazette of the Government of the Republic of Latvia and electronically transfer to the Environmental State Bureau for posting on the Bureau home page on the Internet a notification regarding the adoption of a national planning document. The Responsible Authority for preparing and adopting the plan or programme of regional or local level shall publish a notification regarding adoption of a regional or other type of planning document in at least one local newspaper, as well as send it to the relevant regional environmental board of the State Environmental Service, bodies and

Results of the assessment are sent to the local municipality and the municipality uses then as the source of relevant information for land use planning and issuing a building permit.

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organisations from which comments and proposals have been received as well as to the local government the territory of which will be affected by the implementation of the planning document. The relevant regional environmental board of the State Environmental Service must post the notification in the building of the board, local governments – in the building of the relevant local government, as well as, if possible, in other public places.

Lithuania SEA legislation requires obligatory participation of the public in the process of SEA of any type of plans/programs. It defines the rights and functions of the public and designates the public participation stages within the process of SEA. Results of the SEA and consultations are taken into consideration prior to the approval of the plan/ program by the organizer of plan/ program . Public and institutions are informed on the decision on the adoption and/ or approval of the plan / program .

Portugal The environmental declaration is made available to the public, as defined in the SEA legislation.

The Seveso and EIA legislation also state that the decisions are made available to the public.

Poland The authority that develops a draft document and is responsible for SEA (city presidents, mayors and voits of gminas).The authority which prepares a draft document requiring public participation shall inform the public that the document has been adopted and about the possibilities of becoming acquainted with its content along with as well as with the justification and summary. What is more the data on documents containing information on the adopted document along with its summary containing a justification of the choice of the adopted document shall be

Drafts of Local Spatial Management Plans must be consulted with the public following procedures laid down in the Act of 27 March 2003 on Spatial Planning and Management.

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placed in publicly accessible registers. Moreover, the authority which prepares the draft document shall submit it, along with the summary referred above, to the competent environmental and sanitary inspection authorities. What is more article 117 of the EIA/SEA Act of Law says only that the General Director for Environmental Protection shall forward the adopted document along with the summary to the affected Party which participates in the transboundary SEA. In practice we inform point of contact or the contact person of the ministry responsible for SEA who then inform own authorities and public.

Romania According to the convention on access to information, public participation in decision-making and access to justice in environmental matters (Aarhus Convention), 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 (SEA Directive),Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC, 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 and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC.

Serbia No

Slovenia Environmental Protection Act regulates that relevant authorities and public be informed of

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the final decision. This information shall contain: - a description of how environmental requirements have been taken into account, - an explanation of whether/how comments received from public and other authorities have been taken into account, - reasons for decisions taken in view of possible alternatives, - description of monitoring the impacts of plan realisation on the environment.

Sweden It is mandatory (Environmental code) that the public should be able to take part in decisions. In the announcements that are communicated to the public there are details of where they can take part of the decisions.

It is mandatory (Environmental code) that the public should be able to take part in decisions. In the announcements that are communicated to the public there are details of where they can take part of the decisions.

Switzerland Na Na

Netherlands An environmental impact assessment is published and relevant authorities receive notice of determination . The Environmental Management Act (Chapter EIA ) refers to the General Administrative Law Act. The General Law on administrative law includes requirements for decisions of the government. Decisions must be motivated. Decisions should include relevant considerations of interests. If the EIA Committee delivered an opinion to motivate the authorities what she has done this. Stakeholders in decisions (citizens and NGOs) have the right to object and to bring an action before a court.

A risk analysis of a Seveso company is retrievable to the public ( except for parts that are not public) . A decision to grant an environmental permit or establish a zoning plan is published. The Environmental Protection Act ( chapter environmental permit ) also refers to the General Administrative Law Act. The General Law on administrative law includes requirements for decisions of the government. Decisions must be motivated. Decisions should include relevant considerations of interests. Interested in having the right to object and to bring an action before a court.

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A.1.1.21 Please explain what the key difficulties are in your country (if any) in performing the

following processes during the land-use planning and siting of either new hazardous activities or new developments in the vicinity of existing hazardous activities: (Question c4)

Country

Please explain what the key difficulties are in your country (if any) in performing the following processes during the land-use planning and siting of either new hazardous activities or new developments in the vicinity of existing hazardous activities:



Albania No a. institutions of public health protection; b. local government units; c. institutions protecting agricultural land; d. environmental organizations (NGOs) active in the field of environmental protection and registered under the legislation in force; e. other institutions identified with liability in the proposal (line ministries etc.).

Armenia Some communities do not have due urban development documents on land-use planning

Austria In some cases it may be difficult to find good alternatives

Belgium (Flemish)

Flemish region: The main problem encountered is the mismatch between the detail of the land-use plan and the SEA. In most cases the SEA goes too far in detail and is more an EIA which causes problems to include the findings in the land-use plan. To correct this a new approach for SEA for a land-use plan is being prepared with change of legislation.

Flemish Region: The cooperation between the different authorities is good, but sometimes for the different authorities of land use planning, industrial safety and others, there are sometimes difficulties in understanding each other (technically spoken).

Bulgaria No

Cyprus There are no particular difficulties.

There are no particular difficulties.

Czech Republic

Cooperation among authorities

Denmark Na The assessment can be complicated and require specialty skills that have historically mostly been developed for use by accident safety assessment and not directly in the assessment of land- use planning

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Estonia Weaknesses identified concern the risk assessment quality. Knowledge of major accident hazard assessments needs to be improved among local municipalities as decision making authority and Rescue Board as a consulting authority. Deciders (local municipalities) have little practice and unavailable instructional material with examples. They have hard assessed, when risk is so high, that it is not acceptable. That is the reason why they have difficult make land-use planning and siting decision of both new hazardous activities and new developments in the vicinity of existing hazardous activities.

Germany The necessity of calculating new risks at an existing site is unclear. In this case the participation of the public is unclear, too. - Only plans or structural measures, which are relevant in a spatial way, have to be considered. Single building in the surroundings could be endangered. - Adverse effects on nature are not considered. - Not every dangerous installation is under the process of public consultation and discussion - Local authorities are often overchallenged

Finland The results from consequence analyses differ depending on who has done them. We have guidance on what should be included in such an analysis and what source terms should be used but using different software gives different results.

Israel The small number of trained professional in the authorities creates a bottleneck causing the presses to take very long time

The small number of trained professional in the authorities creates a bottleneck causing the presses to take very long time

Latvia As in any assessment procedure this is As in any assessment procedure this is

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reconciling of different interest of various stakeholders, diverse and sometimes contradictory or conflicting views expressed (proposals and objections), that are balancing between environmental concerns, economic and social interests in spatial planning etc.

reconciling of different interest of various stakeholders, diverse and sometimes contradictory or conflicting views expressed (proposals and objections), that are balancing between environmental concerns, economic and social interests in spatial planning etc.

Portugal For existing establishments, the information provided in the safety reports, in most cases, was not sufficient to define the hazardous zones in line with the methodology defined. We hope, with the new regulation and the creation of the cadastre, to improve the information available in the land use decision process.

Serbia SEA for Plans and programmes for areas with existing “SEVESO” sites nearby human settlements

Transposition gap

Slovenia Key difficulties: - low awareness of the necessity to take hazards/risks of industrial accidents into account, - low enforcement due to lack of public authorities competence and quite complicated legislation, - little experience from real, practical cases, - methods how to handle the hazards/risks by planers, SEA experts, developers, EIA experts and by the public.

Sweden The process is defined by the executor, i.e. in LUP process run by the municipality; it is the municipality that decides on the screening and scoping.

We have no standardized process for risk identification or risk assessment and no standardized risk evaluation methods

Switzerland Na Na

UK Assessment of major accident hazards is inherently uncertain. Major accidents don’t happen often therefore data for assessment (such as failure-of-containment frequencies) can be scarce or non-existent. Consequence data, for example toxicity data might be scarce or non-existent, and where animal data

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is available, extrapolation to effect on humans is required. HSE has adopted a ‘cautious best estimate’ approach to dealing with uncertainty (see Risk Criteria document 1989 for further explanation). At the planning stage, some of the full details (required for the assessment) about planned hazardous activities and planned development in the vicinity might not yet be available. A societal risk project in the UK showed societal risk assessment to be very resource intensive. In addition to the uncertainties mentioned above, it is difficult to estimate population over a large geographical area due to the dynamic nature of people’s movements throughout a 24 hour period or a week or a month or a year. Decision making by humans is complex and depends on the individual. Any consultation to develop societal risk decision-making criteria to be applied consistently across various situations in a country would probably be very challenging with no guarantee of a consensus.

Netherlands Local authorities experience difficulty in making judgments about the societal risk

A.1.1.22 Please provide practical examples that demonstrate good practice, or challenges and lessons learned (if any) in your country of the following processes related with land-use planning and siting of either new hazardous activities, modifications to such activities or new developments in areas which could be affected by the transboundary effect of industrial accidents: (Question c5)

Country

Please provide practical examples that demonstrate good practice, or challenges and lessons learned (if any) in your country of the following processes related with land-use planning and siting of either new hazardous activities, modifications to such activities or new developments in areas which could be affected by the transboundary effect of industrial accidents:

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(a) strategic environmental assessment that incorporated elements of industrial accidents safety assessment together with other health and environment considerations - the examples may demonstrate related good practice or lessons learned regarding (1) screening (2) scoping (3) environmental report (4) public participation (5) consultation with authorities (6) transboundary consultations (7) monitoring

(b) industrial accidents safety assessment or other means performed during land-use planning and siting - the examples may address good practice or lessons learned regarding: (1) Procedures (2) Consultation among different authorities (3) Public participation (4) Elements addressed in that assessment (5) Transboundary aspects

Albania Ministry responsible for Urban Development Ministry responsible for Industry Ministry responsible for Environment Ministry responsible for Health

No specific requirements for informing the public and relevant authorities about the final decisions made within the land-use planning and siting of either new hazardous activities or new developments in the vicinity of existing hazardous activities)

Austria The use of the guidance paper of the 9 Provinces for land use planning in the vicinity of Seveso sites

Cyprus Not applicable Not applicable

Denmark Na Na

Finland no practical examples available

no practical examples available

Latvia There have not been such cases in Latvia to such activities or new developments in areas which could be affected by the transboundary effect of industrial accidents.

There have not been such cases in Latvia to such activities or new developments in areas which could be affected by the transboundary effect of industrial accidents.

Romania There are no examples of best practice

No

Slovenia Na Na

Sweden A challenge in the environmental permit procedure for establishments, with large scale chemicals, is that risks that can affect the environment and the public are insufficiently described. Usually the results are presented as the number of deaths rather than how many people may be injured.

Switzerland Na Na

UK Regarding implementation of Seveso III:

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Country

Please provide practical examples that demonstrate good practice, or challenges and lessons learned (if any) in your country of the following processes related with land-use planning and siting of either new hazardous activities, modifications to such activities or new developments in areas which could be affected by the transboundary effect of industrial accidents:

(a) strategic environmental assessment that incorporated elements of industrial accidents safety assessment together with other health and environment considerations - the examples may demonstrate related good practice or lessons learned regarding (1) screening (2) scoping (3) environmental report (4) public participation (5) consultation with authorities (6) transboundary consultations (7) monitoring

(b) industrial accidents safety assessment or other means performed during land-use planning and siting - the examples may address good practice or lessons learned regarding: (1) Procedures (2) Consultation among different authorities (3) Public participation (4) Elements addressed in that assessment (5) Transboundary aspects

The assessment procedures have to cover a wide range of types of scenarios. It is a challenge to keep all the written procedures up-to-date and ensure the robustness of computer modelling. Major hazard risk assessments can be deeply technical which presents difficulties with communication for decision making purposes.

Netherlands See above links to the NCEA website For information about the National Centre for External Safety from DCMR Rijnmond47

A.1.1.23 Does your country consider risks arising from extreme weather conditions (e.g. floods, droughts, heat waves) within the following processes related with land-use planning and siting of either new hazardous activities or new developments in the vicinity of existing hazardous activities? Please explain (Question c6)

Country

Does your country consider risks arising from extreme weather conditions (e.g. floods, droughts, heat waves) within the following processes related with land-use planning and siting of either new hazardous activities or new developments in the vicinity of existing hazardous activities? Please explain

47 www.dcmr.nl/binaries/content/assets/bestanden/thema/veiligheid/landelijk-steunpunt-externe-veiligheid.pdf P AG E 288 O F 375



Albania There are defined in the draft law “On prevention of major-accident hazards involving dangerous substances”, but till approve it we can not express because may be changed from the comments of the other Line Ministries.

Harmonization of the policies and implementation of the SEA national legal framework

Armenia Yes Yes

Austria Yes, eg. floods, avalanches, mud- and landslides

Natural hazards which are likely to occur on a specific site are considered in the risk assessment in the safety report and the outcome of it should be reflected in the siting and measurements and the respective safety distance

Belgium (Flemish)

Flemish Region: Climate aspects are being considered in SEA. The situations when the extreme weather risks (eg concerning climate change) have to be considered in SEA are at this moment being studied.

Flemish Region: In the Quantitative Risk Analysis (QRA) probabilities of major accident scenarios are used. A number of causes of accidents including these of extreme weather conditions can be considered. Further on, the meteorological conditions used in the QRA can be updated.

Bulgaria Yes

Cyprus During the Strategic Environmental Assessment, as well as during the development control process and the issuing of planning permits, various issues and data are taken into consideration, which include other plans and programs, including Flood Hazard Areas, climate change impacts and adaptation policies.

The risks arising from extreme weather conditions are taken into account in the risk analysis.

Czech Republic

These risks shall be considered in environmental report within the evaluation of cumulative and synergistic effects.

Denmark Act of environmental assessment of plans and programs 2015-12-10 nr. 1533 art 7 and annex 1,

The Statutory Order 2006-12-14 nr. 1666 specifies that it should be part of the consideration

Estonia We do not have a good overview on this topic, but it can be said that in some cases this kind of risks have been considered. Still in practice there is room for improvements

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Country




Germany Yes, floods, precipitation, wind, snow loads and ice loads if an operator request a permit for an installation, see48

Finland The areas vulnerable to extreme weather conditions are identified during the impact assessment in connection with planning. In Finland it is usually the vulnerability to flooding that needs to be assessed

Facilities handling big amounts of dangerous chemicals have to make a safety report where among many other things also the risks arising from extreme weather conditions have to be explained

Israel Yes. The backbone of the Safety Plan requires the plant to address [at least] scenarios of Fire, Spills, Earthquakes, and violence. floods, droughts, heat waves however are not mentioned

Yes. The backbone of the Safety Plan requires the plant to address [at least] scenarios of Fire, Spills, Earthquakes, and violence. floods, droughts, heat waves however are not mentioned

Latvia Yes. Risk assessment is one of the assessment criteria and that means not only risks arising from within (technology, chemical substances etc.), but also outer factors, that can cause or amplify the risks. Taking into account the climatic conditions such aspects as heat waves or draughts are not of high probability, but flood risks are. Surface water body protection zones are established by the Protection Zone Law including the methodology for defining the flood risk territories that shall be defined and included in the land use plans. Flood risks territories and the probability of flood risk is taken into account.

Yes. Risk assessment is one of the assessment criteria and that means not only risks arising from within (technology, chemical substances etc.), but also outer factors, that can cause or amplify the risks. Taking into account the climatic conditions such aspects as heat waves or draughts are not of high probability, but flood risks are. Surface water body protection zones are established by the Protection Zone Law including the methodology for defining the flood risk territories that shall be defined and included in the land use plans. Flood risks territories and the probability of flood risk is taken into account.

Poland Such risks are considered according to general rules of SEA.

Portugal In the land use compatibility assessment and

48 http://www.kas-bmu.de/publikationen/tras/TRAS_310_GB_shortversion.pdf

http://www.kas-bmu.de/publikationen/tras/TRAS_320_en.pdf P AG E 290 O F 375

Country




EIA procedures, the extreme weather conditions are considered in the risk analysis, as natural hazard sources.

Romania In Romania's territorial development strategy, all risks are assess together, the natural ones (floods, earthquakes, drought) and those caused by industrial accidents.

Slovenia Yes. All environmental risks are to be included into SEA procedure and also their synergetic and cumulative effect. For example: for floods the flood risk maps and analyses have to be taken into account in SEA assessment and there is precise legislation on the level of governmental decree on evaluation method. There are also public maps on flood risk areas, so the planers and SEA expert as well as authorities always taken them into account.

For industrial accidents safety assessment data are not public available. If data are publicaly available, SEA expert can take them into account in preparation of SEA reports.

Sweden Risks arising from extreme weather conditions (floods and erosions) shall be taken into account according to The planning and Building Act (SFS 2010:900 ), chapter 2 and paragraph 5.

Risks arising from extreme weather conditions are described in the Safety report (Seveso directive).

Switzerland Na Na

UK Site operators have to take into account extreme weather, for example flooding could be a major accident initiator on their site and if so they need to consider what measures are required to prevent and mitigate and make decisions on implementing measures.

Netherlands Spatial planning be weighed all relevant interests . Netherlands has flood protection laws regulated. In the context of the expected climate change being worked on in the Netherlands plans to prepare to be in the

The expected climate change may also affect the industrial safety. In the Netherlands, plans are being prepared to prepare to be in the future more extreme weather conditions.

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Country




future at more extreme weather conditions.

A.2 Legal requirements

This part of the annex provides background information on the UNECE and EU legal requirements relevant to land-use planning, the siting and modification of hazardous activities.

A.2.1 ECE lega l instruments

A.2.1.1 Convent ion on Transboundary Effects of Industr ial Accidents ( Industrial Accidents Convention)

Short description of the Convention objectives

The Convention on the Transboundary Effects of Industrial Accidents was signed in 1992 in Helsinki (Finland) and entered into force in 2000 and successively amended in 2008. The Convention aims to protect human beings and the environment against industrial accidents by preventing their occurrence as far as possible, reducing their frequency and severity and mitigating their effects. The effects cover any direct or indirect, immediate or delayed adverse consequences following an accident on human beings, flora and fauna; soil, water, air and landscape, the interaction between these factors as well as on material assets and cultural heritage including historical monuments.

Under this Convention the contracting parties must develop and implement policies and strategies for reducing the risks of industrial accidents and implement preventive, preparedness and response measures including restoration measures (art. 3, para. 1). Furthermore, the contracting Party needs to ensure that the operators implements all necessary safety measures for preventing industrial accidents and conducting the hazardous activity safely (art. 3, para. 3).

Procedural requirements for identification, consultation and advice The Party of origin needs to identify existing or planned hazardous activities within its jurisdiction and notify potentially affected Parties of any such proposed or existing activity (art. 4, para. 1). Such notification should be enacted as early as possible, and no later than when informing its own public about that proposed or existing activity (annex III, para. 2). Such notification shall contain:

(a) Information on the hazardous activity, including any available information or report on its possible transboundary effects in the event of an industrial accident;

(b) An indication of a reasonable time within which a response is required, taking into account the nature of the activity (annex III, para 3).

The notified Parties shall respond to the Party of origin within the time specified and indicate whether they wish to enter into consultation on the respective proposed or existing activity (annex III, para.4). If a notified Party desires entering into consultation with the Party of origin, the latter shall provide, in case it has not already done so at the time of the initial notification, the notified Party with: P AG E 292 O F 375

(a) Relevant information regarding the time schedule for analysis, including an indication of the time schedule for the transmittal of comments;

(b) Relevant information on the hazardous activity and its transboundary effects in the event of an industrial accident;

(c) The opportunity to participate in evaluations of the information or any report demonstrating possible transboundary effects (annex III, para.6).

Both concerned Parties should then inform their public living in the areas potentially affected by the presence of the hazardous activity. The public and authorities in the relevant areas should be given access to the analysis and evaluation documentation and be given the opportunity to comment on and/or raise objections to the hazardous activity. Their views are then submitted to the Party of origin (annex III, para. 9).

After completing the analysis and evaluation documentation, the Party of origin shall start consultations with the affected Party concerning the transboundary effects following an accident event at the hazardous activity and the possible measures to reduce or eliminate its effects. The consultations may address:

(a) Possible alternatives to the hazardous activity, including the no-action alternative, and possible measures to mitigate transboundary effects at the expense of the Party of origin;

(b) Other forms of possible mutual assistance for reducing any transboundary effects; (c) Any other appropriate matters (annex III; para. 10).

Both Parties concerned need to ensure that the analysis and evaluation as well as the comments received including the outcomes of the consultations are taken into due account (annex III; para. 11).

Any decision on the activity has to be notified by the Party of origin to the affected Parties and the reasons and considerations provided on which it was based (annex III; para. 12). In the case additional and relevant information, which was unavailable during the consultations, becomes available to any Party concerned, that Party shall immediately inform the other Parties. Any of the concerned Party is entitled initiating new consultations (annex III; para. 13).

Provisions related to decision-making on siting

The Parties of origin should establish policies on the siting of new hazardous activities and on significant modifications to existing hazardous activities with aim to minimize the risk to the population and the environment of all affected Parties (article 7). The affected Parties should minimize the level of risks in areas which could be affected by transboundary effects of an accident occurring at the hazardous activity by establishing appropriate policies addressing significant developments.

Provisions related to emergency preparedness

Each Party shall prepare and implement off-site contingency plans and measures to prevent and minimize transboundary effects linked to the hazardous activities. These contingency plans should be reviewed regularly or whenever circumstances arise which require to do so, by embedding actual emergencies experiences (article 8, para. 3).

Provisions related to informing and participation of the public

The public living in the areas which can be potentially affected by an accident occurring at a hazardous activity must be provided with adequate information which shall be transmitted through appropriate channels (article 9).

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Provisions related to industrial accident notification systems

The Party of origin shall ensure that in the event of an industrial accident, or imminent threat thereof, which causes or is capable of causing transboundary effects, the affected Parties are notified at the appropriate levels without delay through the industrial accident notification systems (art. 10, para. 2). In such event, the Parties concerned shall activate the contingency plans as soon as possible and to the extent commensurate to the circumstances (art. 10, para. 3).

Provisions related to response

In the event of an industrial accident with transboundary effects, or imminent threat thereof, the Parties concerned shall ensure that the effects are assessed. This can be done jointly, where appropriate, for taking adequate response measures as well as coordinating their response measures (art. 11).

A.2.1.2 Protoco l on Strateg ic Environmenta l Assessment

Short description of the aims

Box 13 Issues to be addressed under the Industrial Accidents Convention on policies on siting decision-making, emergency preparedness and information to the public

When elaborating and establishing policies on siting decision-making, emergency preparedness and information to the public, the Parties should consider the following matters, in accordance with annex III (analysis and evaluation) of the Industrial Accidents Convention: Emergency planning

1. The quantities and properties of hazardous substances on the site; 2. Brief descriptive scenarios of a representative sample of industrial accidents possibly arising from the

hazardous activity, including an indication of the likelihood of each; 3. For each scenario:

a. The approximate quantity of a release; b. The extent and severity of the resulting consequences both for people and for the non-human

environment in favourable and unfavourable conditions, including the extent of resulting hazard zones;

c. The time-scale within which the industrial accident could develop from the initiating event; d. Any action which could be taken to minimize the likelihood of escalation.

4. The size and distribution of the population in the vicinity, including any large concentrations of people potentially in the hazard zones;

5. The age, mobility and susceptibility of that population. Decision-making on siting In addition to the five items above:

1. The severity of the harm inflicted on people and the environment, depending on the nature and circumstances of the release;

2. The distance from the location of the hazardous activity at which harmful effects on people and the environment may reasonably occur in the event of an industrial accident;

3. The same information not only for the present situation but also for planned or reasonably foreseeable future developments.

An assessment of the extent to which modifications, repair work and maintenance work on the hazardous activity could place the control measures at risk, and the consequent arrangements to ensure that control is maintained.

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The Protocol on Strategic Environmental Assessment (SEA) was adopted and opened for signature in Kyiv, Ukraine in 2003 and entered into force on 11 July 2010. It is a self-standing instrument within the framework of the Espoo Convention. Although negotiated within the framework of the UN Economic Commission for Europe, the Protocol on SEA is open to all UN members.

Key procedural steps

The Protocol requires its Parties to evaluate the environmental consequences of plans and programmes that are proposed for formal adoption and may have significant adverse impacts on the environment, including health. ‘Environmental, including health, effect’ means any effect on the environment, including human health, flora, fauna, biodiversity, soil, climate, air, water, landscape, natural sites, material assets, cultural heritage and the interaction among these factors.

The Protocol places a special emphasis on the consideration of human health besides considering the typical environmental effects of plans and programmes. The Protocol on SEA also includes non-binding provisions on integration of environment and health concerns into policies and legislation that are likely to have significant effects on the environment, including health. It also includes non-binding provisions encouraging participation of the public in the scoping process.

Determining which plans and programmes require assessment under the Protocol on SEA

The Protocol on SEA applies to plans and programmes that are prepared or adopted by an authority (at national, regional or local level) and required by legislative, regulatory or administrative provisions.

An SEA is mandatory for plans/programmes which are prepared for agriculture, forestry, fisheries, energy, industry, transport, waste/ water management, telecommunications, tourism, town and country planning or land-use and which set the framework for future development consent of projects listed in Annex 1 of the Protocol as well as any other project listed in Annex II that requires an environmental impact assessment under national legislation.

The contract Party has to carry out a screening procedure for all other plans/programmes which are not included above and for the above plans/programmes which require the use of small areas at local level. The purpose of such screening is determining whether these plans/programmes can have significant effects on the environment. The screening criteria are set out in Annex III of the Protocol and include the following considerations:

1. the relevance of the plan or programme to the integration of environmental, including health, considerations in particular with a view to promoting sustainable development;

2. the degree to which the plan or programme sets a framework for projects and other activities, either with regard to location, nature, size and operating conditions or by allocating resources;

3. the degree to which the plan or programme influences other plans and programmes including those in a hierarchy;

4. environmental problems, including health related ones, relevant to the plan or programme; 5. the nature of the environmental, including health, effects such as probability, duration, frequency,

reversibility, magnitude and extent (such as geographical area or size of population likely to be affected); 6. the risks to the environment, including health; 7. the transboundary nature of effects; 8. the degree to which the plan or programme will affect valuable or vulnerable areas including landscapes

with a recognized national or international protection status.

Scoping

A SEA report shall be prepared whenever a SEA is required. The specific issues addressed in the environmental report are determined by the Party in consultation with the relevant environmental and health authorities. Each Party shall also strive to enable the public participating in this scoping process.

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SEA Report

The SEA report considers the contents of the plan or programme as well as the conclusions of the scoping consultations and addresses the following relevant matters:

1. the contents and the main objectives of the plan or programme and its link with other plans or programmes; 2. the relevant aspects of the current state of the environment, including health, and the likely evolution

thereof should the plan or programme not be implemented; 3. the characteristics of the environment, including health, in areas likely to be significantly affected; 4. the environmental, including health, problems which are relevant to the plan or programme; 5. the environmental, including health, objectives established at international, national and other levels which

are relevant to the plan or programme, and the ways in which these objectives and other environmental, including health, considerations have been taken into account during its preparation;

6. the likely significant environmental, including health, effects; 7. measures to prevent, reduce or mitigate any significant adverse effects on the environment, including

health, which may result from the implementation of the plan or programme; 8. an outline of the reasons for selecting the alternatives dealt with and a description of how the assessment

was undertaken including difficulties encountered in providing the information to be included such as technical deficiencies or lack of knowledge;

9. measures envisaged for monitoring environmental, including health, effects of the implementation of the plan or programme;

10. the likely significant transboundary environmental, including health, effects; 11. a non-technical summary of the information provided.

The SEA report also needs to include other kind of information that may reasonably be required by taking into account the:

(a) current knowledge and methods of assessment; (b) contents and the level of detail of the plan or programme and its stage in the decision-making process; (c) interests of the public; (d) information needs of the decision-making body.

Public participation

Each Party shall ensure that the draft plan or programme and the SEA report are timely available to the public through electronic media or other appropriate communication means. The public must be given early, timely and effective opportunities to express its opinion on these documents when all options are still open.

Consultation with authorities

Each Party shall consult with the relevant environmental or health authorities who are likely to be concerned by the environmental effects, including health ones, following the implementation of the plan or programme. These authorities must be provided with the draft plan or programme and the SEA report and be given the opportunity to express their opinion on these documents in an early, timely and effective manner.

Transboundary consultations

Transboundary consultations regarding the implementation of a plan or programme in the Party’s jurisdiction are either initiated by the Party itself if it considers that there could be significant effects on the environment in another Party, or where a possibly affected Party so requests. In this case, the Party in whose territory the plan or programme is being prepared shall provide the proposed plan/programme and the accompanying SEA report to the other Party.

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Where a possibly affected Party indicates that it wishes to enter into consultations on possible transboundary environmental effects of the proposed plan or programme, the concerned Parties shall enter into consultations concerning such effects and the measures envisaged to reduce or eliminate them.

Decision-making

Decision-making on the proposed plan or programme must take into account the SEA Report, outcomes of consultations with the relevant environmental authorities and the public and the results of any transboundary consultations undertaken. The relevant environmental authorities, the public and any Party consulted must be informed about the adopted plan or programme, about the way the environmental considerations have been integrated into it and the measures decided concerning monitoring.

Monitoring

The significant environmental effects of the implementation of plans and programmes need to be monitored in order to identify possible unforeseen adverse effects and to be able to undertake appropriate remedial action. The results of the monitoring need to be made available to the relevant environmental and health authorities and to the public.

A.2.1.3 Convent ion on Environmental Impact Assessment in a Transboundary Context (Espoo Convention)

Short description of the aims

The Convention on Environmental Impact Assessment in a Transboundary Context was adopted in 1991 in Espoo, Finland (hence the Espoo Convention). It entered into force in 1997 and had two amendments. The first amendment opened the Convention to accession by UN Member States that are not members of the UNECE and entered into force in 2014. The second amendment was adopted in 2004 and once in force, it will revise the Appendix I (list of activities), allow, as appropriate, affected Parties to participate in scoping, require reviews of compliance and make other minor changes to the original text of the Convention.

The Convention requires that EIA is carried out for certain types of activity planned usually by one Party, which are likely to have a significant environmental impact within an area under the jurisdiction of another Party. It lays down the obligation of countries to notify and consult each other and the public. It requires that all comments received from the public and authorities, as well as the findings of the assessment, are taken into account when deciding on the planned activity.


The actual procedure under the Espoo Convention consists of determining whether proposed projects may have significant transboundary impacts, notification of possibly affected Parties, preparation of EIA Documentation, transboundary consultation on the basis of EIA Documentation, decision-making, and post-project analysis.

The Convention defines ‘impact’ as any effect caused by a proposed activity on the environment including human health and safety, flora, fauna, soil, air, water, climate, landscape and historical monuments or other physical structures or the interaction among these factors. It also includes effects on cultural heritage or socio-economic conditions resulting from alterations to those factors.

Determining whether proposed projects may have significant transboundary impacts

The Party of origin shall ensure that an environmental impact assessment is undertaken for proposed activities listed in Appendix I that are likely to cause a significant adverse transboundary impact. The first task is thus to determine whether an activity may have significant impacts across borders. This step is often called screening.

The Convention also allows the concerned parties to discuss whether one or more proposed activities not listed in

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http://www.unece.org/env/eia/about/amendment2.html

Appendix I are likely to cause a significant adverse transboundary impact and thus be subject to transboundary consultations. General guidance for identifying criteria to determine significant adverse impact is set forth in Appendix III and it includes the following considerations:

a. Size: proposed activities which are large for the type of the activity. b. Location: proposed activities which are located in or close to an area of special environmental sensitivity or

importance (such as wetlands designated under the Ramsar Convention, national parks, nature reserves, sites of special scientific interest, or sites of archaeological, cultural or historical importance). Also, proposed activities in locations where the characteristics of proposed development would be likely to have significant effects on the population.

c. Effects: proposed activities with particularly complex and potentially adverse effects, including those giving rise to serious effects on humans or on valued species or organisms, those which threaten the existing or potential use of an affected area and those causing additional loading which cannot be sustained by the carrying capacity of the environment.

The meeting of the Signatories to the Convention in 1995 has adopted a guidance document on determining the significance of a transboundary impact49 which in its Annex 1 lists the following issues for consideration:

49 CEP/WG.3/R.6 P AG E 298 O F 375

Box 14 Espoo Convention informal guidance on issues to consider when identifying adverse transboundary impact

1. Can the proposed activity or its reasonable alternatives result in one or more of the following adverse transboundary impacts: Air:

• Changes in ambient air quality

• Release of any toxic or hazardous air pollutant, radiation, or genetically engineered organisms

• Changes in noise levels and level of vibrations Water:

• Surface water: Changes in water quality or water quantity

• Groundwater: Changes in water quality or quantity

• Coastal water: Changes in quality

• Sediments: Changes in quality and quantity (riverine, estuarine, coastal)

• Release of any toxic or hazardous water pollutant, radiation, or genetically engineered organisms

• Other (specify) Climate:

• Microclimatic changes (temperature, rainfall, wind)

• Other (specify) 2. Can the proposed activity, or the related emissions listed above, result in one or more of the following adverse

transboundary impacts: Soil:

• Changes in soil acidification, nutrification or other contamination

• Changes in deposition or erosion

• Other (specify) Landscape, historic monuments or other physical structures:

• Changes in land use

• Decreased aesthetic appeal or changes in visual amenities

• Changes in historical, archaeological, paleontological, architectural, or cultural assets

• Changes in quality and quantity of recreational opportunities or amenities

• Changes to present or potential use of natural resources (e.g. fisheries, hunting, agriculture/forestry, tourism)

• Impacts on ecologically sensitive areas or areas of special environmental value

• Other (specify) Human health and safety:

• Changes in human health and safety

• Changes in disease incidence

• Changes to well-being and quality of life

• Other (specify) Flora, Fauna:

• Changes in migratory patterns (birds, fish, mammals, etc.)

• Disturbance of habitat

• Decrease in biological diversity

• Impacts on threatened species

• Changes in species composition

• Other (specify) 3. Can the proposed activity cause accidents with transboundary impacts? 4. Can the proposed activity invoke any existing international agreement on environmental matters? 5. Can the proposed activity affect interactions among environmental factors?

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Notification of possibly affected Parties

When a proposed activity listed in Appendix I that is likely to cause a significant adverse transboundary impact, the Party of origin has to notify any potentially affected Parties about that proposed activity. This notification should be done as early as possible, and no later than when informing its own public and it shall contain:

(a) Information on the proposed activity, including any available information on its possible transboundary impact,

(b) The nature of the possible decision, and (c) An indication of a reasonable time within which responses form the potentially affected Parties is needed

on the proposed activity.

When any of the potentially affected Parties indicate their desire to participate in the environmental impact assessment procedure, the Party of origin shall provide them with:

(a) Relevant information regarding the environmental impact assessment procedure, including an indication of the time schedule for transmittal of comments,

(b) Relevant information on the proposed activity and its possible significant adverse transboundary impact.

The public of the affected Party in the areas likely to be affected must be informed of the proposed activity and be provided with possibilities for making comments or objections on it.

EIA Documentation

The environmental impact assessment documentation for activities falling under the Espoo Conventions should contain at least:

(a) A description of the proposed activity and its purpose, (b) A description, where appropriate, of reasonable alternatives (for example, locational or technological) to

the proposed activity and also the no-action alternative, (c) A description of the environment likely to be significantly affected by the proposed activity and its

alternatives, (d) A description of the potential environmental impact of the proposed activity and its alternatives and an

estimation of its significance, (e) A description of mitigation measures to keep adverse environmental impact to a minimum, (f) An explicit indication of predictive methods and underlying assumptions as well as the relevant

environmental data used) (g) An identification of gaps in knowledge and uncertainties encountered in compiling the required

information, (h) Where appropriate, an outline for monitoring and management programmes and any plans for post-project

analysis), and (i) A non-technical summary including a visual presentation as appropriate (maps, graphs, etc.).

The concerned Parties shall arrange for distribution of the documentation to the authorities and the public of the affected Party in the areas likely to be affected and for the submission of comments to the competent authority of the Party of origin.

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Transboundary consultation on the basis of EIA Documentation

After completion of the EIA documentation, the concerned Parties shall start consultations about the potential transboundary impact of the proposed activity and about possible measures to reduce or eliminate its impact. Consultations may relate to:

(a) Possible alternatives to the proposed activity, including the no-action alternative and possible measures to mitigate significant adverse transboundary impact and to monitor the effects of such measures at the expense of the Party of origin,

(b) Other forms of possible mutual assistance in reducing any significant adverse transboundary impact of the proposed activity, and

(c) Any other appropriate matters relating to the proposed activity.

Decision-making

The Parties shall ensure that, in the final decision on the proposed activity, due account is taken of the outcome of the EIA documentation, as well as the comments received from the public and through transboundary consultations.

The Party of origin shall provide to the affected Party the final decision on the proposed activity along with the reasons and considerations on which it was based.

If additional important information on the significant transboundary impact of a proposed activity which was not available at the time a decision becomes available before work on that activity begins, that Party shall immediately inform each other and may initiate consultations on whether the decision made needs to be revised.

Post-project analysis

The concerned Parties, at the request of any such Party, shall determine whether, and if so to what extent, a post-project analysis shall be carried out. The monitoring should include:

a. Monitoring compliance with the conditions as set out in the authorization or approval of the activity and the effectiveness of mitigation measures,

b. Review of an impact for proper management and in order to cope with uncertainties, c. Verification of past predictions in order to transfer experience to future activities of the same type.

When the post-project analysis results provide reasonable grounds for concluding that there is a significant adverse transboundary impact, or factors have been discovered which may result in such an impact, the Party of Origin needs to immediately inform the other Party. The concerned Parties shall then consult on necessary measures to reduce or eliminate the impact.

A.2.1.4 Convent ion on Access to Information, Publ ic Participation in Decision-making and Access to Just ice in Environmenta l Matters

Aims and role of the Convention

The Convention on Access to Information, Public Participation in Decision-Making, and Access to Justice in Environmental Matters (Aarhus Convention) was adopted on 25 June 1998 at Aarhus, Denmark. As of 5 February 2016, there were 47 Parties to the Convention.

The Aarhus Convention represents the first binding international instrument attempting to comprehensively and exclusively address issues of citizens’ environmental rights.

In article 2, the Convention defines “Party”, “public authority”, “environmental information”, “the public” and “the public concerned”.

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The Convention prohibits discrimination on the basis of citizenship, nationality or domicile against persons seeking to exercise their rights under the Convention.

The core of the Convention covers three main issues (sometimes referred to as "three pillars of the Convention"), which are being addressed in Articles 4-9, while Article 2 (Definitions) and Article 3 (General Provisions) provide a background to all three pillars, as follows:

• access to - and dissemination of environmental information, • public participation in environmental decision-making, • access to environmental justice.

Access to information

The Convention regulates the issue of access to environmental information in two separate Articles: Article 4 regulates so called “passive” disclosure of information while Article 5 addresses so called “active” disclosure of information.

Article 4 regulates precisely rights to require information from the authorities, categories of information that might be exempted from disclosure and the procedure of disclosing the information. Any natural or legal person may request, without an interest having to be stated, the environmental information, that is held by any public authority. Public authorities, meaning basically government at national, regional and local levels (with an exemption of bodies acting in a judicial or legislative capacity) shall provide and make available such environmental information. The Convention applies accordingly to natural and legal persons (organisations and non-administrative bodies) with public responsibilities for the environment.

Article 5 attempts to address the issue of duties of authorities to actively collect and disseminate environmental information, in particular by identifying various forms of doing so. For example, it requires authorities to regularly publish up-to-date information on the state of the environment, e.g. in a written report or periodicals. It also requires that environmental information becomes progressively available in electronic databases which are easily accessible to the public through public telecommunications networks.

Public participation - decision-making procedures and activities covered

The Convention follows the conventional distinctions among public participation in specific decision-making, public participation in plan- and policy-making, and public participation in legislative drafting and rule-making. This structure is similar to the so-called “ladder of public participation” in which members of the public have more power where they have particularized interests with respect to matters which directly affect their lives and well-being, and progressively less direct power and influence as matters become more abstract and general. Thus, the Convention covers public participation in environmental decision-making through three separate articles. The most detailed of these is Article 6, concerned with public participation in decision-making on specific activities. Article 7 covers public participation concerning plans, programs and policies relating to the environment. Article 8 covers public participation during the preparation of executive regulations and/or generally applicable legally binding normative instruments.

The scope of application of the provisions of Article 6 is defined in a twofold way. First of all, each Party shall apply the provisions of Article 6 to ‘decisions on whether to permit proposed activities listed in Annex I’ (Article 6(1)(a)), but also ‘shall, in accordance with its national law’ apply these provisions to ‘decisions on proposed activities not listed in Annex I which may have a significant effect on the environment’ (Article 6(1)(b)).

Annex I to the Aarhus Convention was based on the annexes relating to similar provisions in the EIA Directive, the Espoo Convention and the original IPPC Directive 96/61/EC. It covers also changes to and extensions of the activities covered therein.

Article 7 covers public participation concerning plans, programmes and policies relating to the environment. It includes two distinct legal regimes. The part concerning plans and programmes is quite elaborated and all the respective obligations are expressed by the term ‘shall’. Some of the obligations are clearly stipulated in the Article 7 while some other obligations apply by virtue of a cross-reference to some of the provisions of Article 6. In this context Article 7 refers to paragraphs 3, 4 and 8 of Article 6.

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Parties to the Convention are obliged to make appropriate provisions for the public to participate during the preparations of plans and programs relating to the environment, within a transparent and fair framework, having provided the necessary information to the public. Such a framework has to meet the following criteria:

1. identify the public, which may participate, 2. provide reasonable time-frames for different phases, 3. provide for early public participation

• when all options are open, and • effective public participation can take place • take due account of the outcome of public participation

For policies, the Conventions requires that ‘to the extent appropriate, each Party shall endeavour to provide opportunities for public participation in the preparation of policies relating to the environment’. Despite using the word ‘shall’ the entire obligation is designed in a rather weak form. Parties are requested only to ‘endeavour’ and only ‘to the extent appropriate’. These expressions are characteristic for so-called ‘soft law’ obligations.

Article 8 covers public participation during the preparation of executive regulations and/or generally applicable legally binding normative instruments. It is much more elaborated, as compared with the obligation concerning policies, in terms of providing some procedural details. The nature of the basic legal obligation included in the first sentence of Article 8 is however very similar to the obligation concerning policies. It requires that ‘each Party shall strive to promote effective public participation’ which means that despite the use of the word ‘shall’ the entire obligation is designed in a rather weak form.

General rules for public participation

Article 6(3) of the Convention requires that the ‘public participation procedures shall include reasonable time-frames for the different phases, allowing sufficient time for informing the public in accordance with paragraph 2 above and for the public to prepare and participate effectively during the environmental decision-making’

Article 6(4) stipulates that ‘[e]ach Party shall provide for early public participation, when all options are open and effective public participation can take place’. This requirement applies also to plans and programmes because Article 7, when making a cross-reference to Article 6, clearly mentions this provision among those to be applied.

Steps in public participation procedure

The public participation procedure include the following steps:

- timely and effective notification of the public concerned;

- reasonable timeframes for participation, including provision for participation at an early stage;

- a right for the public concerned to inspect information which is relevant to the decision-making free of charge;

- possibility to submit comments in writing or at a hearing,

- an obligation on the decision-making body to take due account of the outcome of the public participation; and

- prompt public notification of the decision, with the text of the decision and the reasons and considerations on which it is based being made publicly accessible

Access to justice

The scope of this pillar of the Convention addresses basically three issues:

• right to legal remedies in relation to access to information • right to legal remedies in relation public participation provisions of the Convention, • citizen's suit in environmental matters, i.e. right to file genuinely public interests law-suits.

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Convention requires also, in para 5 that Parties ensures that information is provided to the public about review procedures and shall consider establishment of appropriate assistance mechanism to remove financial and other barriers to access to justice.

Article 9, paras 1 and 2 relate to the availability of administrative and judicial remedies to enforce the rights granted to the public under the passive access to information provisions (Article 4) and the provisions relating to public participation in decisions on specific activities (Article 6). The Convention also provides that the access to justice provisions shall apply to such other parts of the Convention as states may designate.

A.2.2 EU leg islat ion

A.2.2.1 EU Seveso III Direct ive

The Directive on the control of major-accident hazards involving dangerous substances (so-called Seveso Directive) aims to limit consequences of major industrial accidents for human health and the environment, in a consistent and effective manner throughout the Union. The original Directive (Directive 82/501/EEC) was based on the lessons from the catastrophic accident in the Italian town of Seveso in1976. It later amended through Seveso II (Directive 96/82/EC) that addressed the lessons learned from later accidents such as Bhopal (India), Toulouse (France) or Enschede (The Netherlands). The Council Directive 2012/18/EU, also known as Seveso III Directive, was adopted in 2012 and came into force on 1 June 2015, replacing the Seveso II Directive.

Under the Seveso III dangerous substances are classified in line with the Globally Harmonised System for the classification, labelling and packaging of chemical substances and mixtures (CLP) entered into force on 1 June 2015. The Directive also aligns with the Aarhus Convention on public information, public participation in decision-making and access to justice. Article 14 requires that the public has access to information relating to the risks associated with activities on Seveso establishments and it also defines the right of the public to participate in projects and land-use planning. The public must also be given early opportunity to comment on off-site emergency plans as they are being developed. This means that Seveso establishments shall provide information relating to their activities pro-actively and not just on request. The information needs to be made available electronically and kept up to date. Administrative and judicial review arrangements will be available if appropriate public access is not granted. However, under Article 22, information can be withheld if key confidentiality or security provisions are met.

Also, the Seveso III Directive does places more emphasis on inspection by strengthening the standards of inspections. It provides prescriptive timescales for carrying out inspections in hazardous establishments and reporting on its findings. The programme for routine inspections will still be based on the establishment risk profile however there a maximum number of inspection is specified. Additional inspections will be required in important non-compliance cases.

General obligations

This Directive shall apply to establishments under the control of an operator where dangerous substances are present in one or more installations, including common or related infrastructures or activities. These establishments are then divided into lower-tier establishments and upper-tier establishments.

Operators of these establishments are obliged to take all necessary measures to prevent major accidents and to limit their consequences for human health and the environment. They are also required to prove to the nationally appointed competent authority that they have taken all necessary measures as specified in this Directive. The key obligations related to land-use planning are as follows:

Notification

Operator must send a notification to the competent authority containing basic information about the operator, dangerous substances involved or likely to be present, information on their quantity and physical form, on the

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activity or proposed activity of the installation or storage facility; and on the immediate environment of the establishment, and factors likely to cause a major accident or to aggravate its consequences.

The operator shall also inform the competent authority in advance of any significant increase or decrease in the quantity or significant change in the nature or physical form of the dangerous substance present, as indicated in the notification, modification of an establishment or an installation which could have significant consequences in terms of major- accident hazard, their permanent closure or decommissioning.

Consideration of possible domino effects

The competent authority must - using the information received from the operators or through inspections - identify all lower-tier and upper-tier establishments or groups of establishments where the risk or consequences of a major accident may be increased because of the geographical position and the proximity of such establishments, and their inventories of dangerous substances. “Upper tier” establishments, in accordance with the dangerous substances listed in annex I of the Seveso III Directive, correspond to the “hazardous activities” identified under the Industrial Accidents Conventions, as per the hazardous substances included in its annex I50. Operators of these establishments must exchange suitable information to enable consideration of the nature and extent of the overall hazard of a major accident in their major-accident prevention policies, safety management systems, safety reports and internal emergency plans, as appropriate. Operators must also cooperate in informing the public and neighbouring sites that fall outside the scope of the Seveso Directive, and in supplying information to the authority responsible for the preparation of external emergency plans.

Safety reports

Operators of an upper-tier establishment must produce a safety reports – including their updates - which must be sent to the competent authority for review. Before any operator commences construction or operation, it must receive conclusions of examination of the safety report from the competent authority.

Land-use planning

The objectives of preventing major accidents and limiting the consequences of such accidents for human health and the environment must be taken into account in land-use policies or other relevant policies. These objectives should be pursued through controls on:

(a) the siting of new establishments; (b) modifications to establishments covered by Article 11; (c) new developments including transport routes, locations of public use and residential areas in the vicinity of

establishments, where the siting or developments may be the source of or increase the risk or consequences of a major accident.

Land-use or other relevant policies need, in the long term:

a. to maintain appropriate safety distances between establishments covered by this Directive and residential areas, buildings and areas of public use, recreational areas, and, as far as possible, major transport routes;

b. to protect areas of particular natural sensitivity or interest in the vicinity of establishments, where appropriate through appropriate safety distances or other relevant measures;

c. in the case of existing establishments, to take additional technical measures in accordance with Article 5 so as not to increase the risks to human health and the environment.

50 An amendment to the Industrial Accidents Convention, aligning it with the Globally Harmonized System for the Classification and Labelling of Chemicals (GHS) and the Seveso III Directive has been adopted to that effect by the Conference of the Parties at its eighth meeting (Geneva, 3-5 December 2014) and entered into force in December 2015.

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All competent authorities and planning authorities must set up appropriate consultation procedures to facilitate implementation of these policies. Membesr states must design procedures to ensure that operators provide sufficient information on the risks arising from the establishment and that technical advice on those risks is available, either on a case-by-case or on a generic basis, when decisions are taken. Member States must also ensure that operators of lower-tier establishments provide, at the request of the competent authority, sufficient information on the risks arising from the establishment necessary for land-use planning purposes.

Please note that these requirements apply without prejudice to the provisions of the EIA Directive, SEA Directive and other relevant EU legislation. However, the member states may provide for coordinated or joint procedures in order to fulfil these requirements and avoid duplication of assessment or consultations.

Public consultation and participation in decision-making

The public concerned must be given an early opportunity to give its opinion on specific individual projects relating to:

(a) planning for new establishments pursuant; (b) significant modifications to these establishments; (c) new developments around establishments where the siting or developments may increase the risk or

consequences of a major accident.

The public concerned is entitled to express comments and opinions to the competent authority before a decision is taken on a specific individual and the results of these consultations must be duly taken into account in the taking of a decision. When the relevant decisions are taken, the competent authority must inform the public about the content of the decision and the reasons on which it is based; and an explanation of how were the results of the consultations held taken into account in the final decision on the establishment.

A.2.2.2 EU Direct ive on Environmental Impact Assessment

Short description of the aims and role of the EIA Directive

This Directive defines the basic rules of the assessment of the environmental effects of those public and private projects which are likely to have significant effects on the environment. The initial Directive of 1985 has been amended three times and these changes have been codified by Directive 2011/92/EU of 13 December 2011. Directive 2011/92/EU has been amended in 2014 by Directive 2014/52/EU. An informal consolidated version of the current text of the EIA Directive is available on the website of the European Commission51.


The actual EIA procedure consists of screening, elaboration of EIA report, consultation with relevant authorities, public participation, transboundary consultations, decision-making and monitoring.

Determining which projects require assessment under the EIA Directive

The EIA Directive applies to a wide range of public and private projects, which are defined in Annexes I and II.

All projects listed in Annex I are considered as having significant effects on the environment and require an EIA (e.g. long-distance railway lines, motorways and express roads, airports with a basic runway length ≥ 2100 m, installations for the disposal of hazardous waste, installations for the disposal of non-hazardous waste > 100 tonnes/day, waste water treatment plants > 150.000 p.e.).

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For projects listed in Annex II, the national authorities have to decide whether an EIA is needed. The projects listed in Annex II are in general those not included in Annex I (railways, roads waste disposal installations, waste water treatment plants), but also other types such as urban development projects, flood-relief works, changes of Annex I and II existing project). This is done by the "screening procedure", which determines the effects of projects on the basis of thresholds/criteria or a case by case examination. However, the national authorities must take into account the criteria laid down in Annex III of the EIA Directive which requires consideration of the following factors:

Characteristics of projects:

(a) the size and design of the whole project; (b) cumulation with other existing and/or approved projects; (c) the use of natural resources, in particular land, soil, water and biodiversity; (d) the production of waste; (e) pollution and nuisances; (f) the risk of major accidents and/ or disasters which are relevant to the project concerned, including those

caused by climate change, in accordance with scientific knowledge; (g) the risks to human health (for example due to water contamination or air pollution).

Location of projects:

(a) the existing and approved land use; (b) the relative abundance, availability, quality and regenerative capacity of natural resources (including

soil, land, water and biodiversity) in the area and its underground; (c) the absorption capacity of the natural environment, paying particular attention to the following areas:

i. wetlands, riparian areas, river mouths; ii. coastal zones and the marine environment;

iii. mountain and forest areas; iv. nature reserves and parks; v. areas classified or protected under national legislation; Natura 2000 areas designated by

Member States; vi. areas in which there has already been a failure to meet the environmental quality standards, laid

down in Union legislation and relevant to the project, or in which it is considered that there is such a failure;

vii. densely populated areas; viii. landscapes and sites of historical, cultural or archaeological significance.

Type and characteristics of the potential impact:

(a) the magnitude and spatial extent of the impact (for example geographical area and size of the (b) population likely to be affected); (c) the nature of the impact; (d) the transboundary nature of the impact; (e) the intensity and complexity of the impact; (f) the probability of the impact; (g) the expected onset, duration, frequency and reversibility of the impact; (h) the cumulation of the impact with the impact of other existing and/or approved projects;

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(i) the possibility of effectively reducing the impact.

Scoping

When an EIA is required, the developer shall prepare EIA report. If the developer requests so – or if the members states so decide - the competent authorities need to issue an opinion on the scope of the EIA Reports. In this process the competent authorities shall consult other environmental authorities before they give scoping opinion.

EIA Report

The environmental impact assessment shall identify, describe and assess in an appropriate manner the direct and indirect significant effects of a project. Of direct relevance to this guidance is the requirement that the EIA Report includes the expected effects deriving from the vulnerability of the project to risks of major accidents and/or disasters that are relevant to the project concerned.

An EIA Report need to include the following information that may reasonably be required for reaching a reasoned conclusion on the significant effects of the project on the environment:

1. Characteristics of projects

(a) a description of the location of the project; (b) a description of the physical characteristics of the whole project, including, where relevant, requisite

demolition works, and the land-use requirements during the construction and operational phases; (c) a description of the main characteristics of the operational phase of the project (in particular any production

process), for instance, energy demand and energy used, nature and quantity of the materials and natural resources (including water, land, soil and biodiversity) used;

(d) an estimate, by type and quantity, of expected residues and emissions (such as water, air, soil and subsoil pollution, noise, vibration, light, heat, radiation and quantities and types of waste produced during the construction and operation phases.

2. A description of the reasonable alternatives studied by the developer, which are relevant to the proposed project and its specific characteristics, and an indication of the main reasons for selecting the chosen option, including a comparison of the environmental effects.

3. A description of the relevant aspects of the current state of the environment (baseline scenario) and an outline of the likely evolution thereof without implementation of the project as far as natural changes from the baseline scenario can be assessed with reasonable effort on the basis of the availability of environmental information and scientific knowledge.

4. A description of the factors likely to be significantly affected by the project: population, human health, biodiversity (for example fauna and flora), land (for example land take), soil (for example organic matter, erosion, compaction, sealing), water (for example hydromorphological changes, quantity and quality), air, climate (for example greenhouse gas emissions, impacts relevant to adaptation), material assets, cultural heritage, including architectural and archaeological aspects, and landscape.

5. A description of the likely significant effects of the project on the environment resulting from, inter alia:

(a) the construction and existence of the project, including, where relevant, demolition works; (b) the use of natural resources, in particular land, soil, water and biodiversity, considering as far as

possible the sustainable availability of these resources; (c) the emission of pollutants, noise, vibration, light, heat and radiation, the creation of nuisances, and the

disposal and recovery of waste; (d) the risks to human health, cultural heritage or the environment (for example due to accidents or

disasters);

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(e) the cumulation of effects with other existing and/or approved projects, taking into account any existing

environmental problems relating to areas of particular environmental importance likely to be affected or the use of natural resources;

(f) the impact of the project on climate (for example the nature and magnitude of greenhouse gas emissions) and the vulnerability of the project to climate change;

(g) the technologies and the substances used.

6. A description of the forecasting methods or evidence, used to identify and assess the significant effects on the environment, including details of difficulties

7. A description of the measures envisaged to avoid, prevent, reduce or, if possible, offset any identified significant adverse effects on the environment

8. A description of the expected significant adverse effects of the project on the environment deriving from the vulnerability of the project to risks of major accidents and/or disasters which are relevant to the project concerned. Relevant information available and obtained through risk assessments pursuant to Union legislation such as Directive 2012/18/EU of the European Parliament and of the Council or Council Directive 2009/71/Euratom or relevant assessments carried out pursuant to national legislation may be used for this purpose provided that the requirements of this Directive are met. Where appropriate, this description should include measures envisaged to prevent or mitigate the significant adverse effects of such events on the environment and details of the preparedness for and proposed response to such emergencies.

9. A non-technical summary.

Consultation with relevant authorities

Authorities likely to be concerned by the project by reason of their specific environmental responsibilities or local and regional competences must give an opportunity to express their opinion on the EIA report, information supplied by the developer and on the request for development consent. Member states can designate the authorities to be consulted either in general terms or on a case-by-case basis.

Public participation

In order to ensure the effective participation of the public concerned the public shall be informed electronically and by public notices or by other appropriate means about:

(a) the request for development consent; (b) the fact that the project is subject to an EIA procedure and, where transboundary consultations (if

applicable); (c) details of the competent authorities responsible for taking the decision, those from which relevant

information can be obtained, those 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 the draft decision; (e) availability of EIA Report; (f) an indication of the times and places at which, and the means by which, the relevant information will be

made available; (g) detailed arrangements for public participation.

Each member state needs to determine the detailed arrangements for informing the public (for example by bill posting within a certain radius or publication in local newspapers), and for consulting the public concerned (for example by written submissions or by way of a public inquiry). Member states are required to take the necessary measures to ensure that the relevant information is electronically accessible to the public, through at least a central portal or easily accessible points of access, at the appropriate administrative level.

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Transboundary consultations

Where EU member state becomes aware that a project is likely to have significant effects on the environment in another EU member state or when the likely affected member state so requests, a procedure of exchange of basic documents for transboundary consultations begins. The detailed arrangements for transboundary consultations correspond with the requirements of the Espoo Convention.

Decision-making

The results of EIA Report and outcomes of consultations with the relevant authorities, with public and with possibly affected EU member states (if undertaken) must be taken into account in the development consent procedure. The decision to grant development consent shall incorporate at least (a) reasoned conclusion by the competent authority on the significant effects of the project on the environment and (b) any environmental conditions attached to the decision, mitigation and compensation measures and any applicable monitoring arrangements.

Monitoring

Member States must ensure that the features of the project and/or measures envisaged to avoid, prevent or reduce and, if possible, offset significant adverse effects on the environment are implemented by the developer, and shall determine the procedures regarding the monitoring of significant adverse effects on the environment. The type of parameters to be monitored and the duration of the monitoring shall be proportionate to the nature, location and size of the project and the significance of its effects on the environment. In order to avoiding duplication of monitoring, existing monitoring arrangements resulting from EU legislation and from national legislation may be used if appropriate.

A.2.2.3 EU Direct ive on Strategic Environmental Assessment

Short description of the aims and role of the SEA Directive

The objective of the SEA Directive (Directive 2001/42/EC52) is to provide for a high level of protection of the environment and to contribute to the integration of environmental considerations into the preparation and adoption of plans and programmes by ensuring that an environmental assessment is carried out of certain plans and programmes which are likely to have significant effects on the environment. The SEA Directive is in force since 2001 and should have been transposed by July 2004.


The SEA and EIA procedures are very similar. The key procedural difference is that scoping (i.e. the stage of the SEA process that determines the content and extent of the matters to be covered in the SEA report to be submitted to a competent authority) is obligatory under the SEA. The remaining provisions follow a same logic and define similar obligations - which are tailored to the specific nature of planning and programming processes in SEA.

Determining which plans and programmes require assessment under the SEA Directive

The SEA Directive applies to plans and programmes that are prepared or adopted by an authority (at national, regional or local level) and required by legislative, regulatory or administrative provisions. Although the SEA Directive does not have a list of plans/programmes similar to the EIA Directive, it also distinguishes between a mandatory application and discretionary application.

An SEA is mandatory for plans/programmes which are:

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• are prepared for agriculture, forestry, fisheries, energy, industry, transport, waste/ water management,

telecommunications, tourism, town & country planning or land use and which set the framework for future development consent of projects listed in the EIA Directive. or

• have been determined to require an assessment under the Habitats Directive.

For the plans/programmes not included above, the Member States have to carry out a screening procedure to determine whether the plans/programmes are likely to have significant environmental effects. If there are significant effects, an SEA is needed. The screening procedure is based on criteria set out in Annex II of the Directive which include the following considerations:

The characteristics of plans and programmes, having regard, in particular, to

• the degree to which the plan or programme sets a framework for projects and other activities, either with regard to the location, nature, size and operating conditions or by allocating resources,

• the degree to which the plan or programme influences other plans and programmes including those in a hierarchy,

• the relevance of the plan or programme for the integration of environmental considerations in particular with a view to promoting sustainable development,

• environmental problems relevant to the plan or programme, • the relevance of the plan or programme for the implementation of Community legislation on the

environment (e.g. plans and programmes linked to waste-management or water protection).

Characteristics of the effects and of the area likely to be affected, having regard, in particular, to

• the probability, duration, frequency and reversibility of the effects, • the cumulative nature of the effects, • the transboundary nature of the effects, • the risks to human health or the environment (e.g. due to accidents), • the magnitude and spatial extent of the effects (geographical area and size of the population likely to

be affected), • the value and vulnerability of the area likely to be affected due to:

(a) special natural characteristics or cultural heritage, (b) exceeded environmental quality standards or limit values, (c) intensive land-use, (d) the effects on areas or landscapes which have a recognised national, Community or

international protection status.

Scoping

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Where an SEA is required, an SEA Report53 shall be prepared in which the likely significant effects on the environment of implementing the plan or programme and its reasonable alternatives are identified, described and evaluated. The relevant authorities whose specific environmental responsibilities are likely to be concerned by the environmental effects of implementing plans and programmes need to be consulted when deciding on the scope and level of detail of the information which must be included in the SEA report.

SEA Report

Based on the conclusions of the scoping consultations and considering the contents of the plan or programme, an SEA Report must be prepared and address relevant matters outlined below:

a. an outline of the contents, main objectives of the plan or programme and relationship with other relevant plans and programmes;

b. the relevant aspects of the current state of the environment and the likely evolution thereof without implementation of the plan or programme;

c. the environmental characteristics of areas likely to be significantly affected; d. any existing environmental problems which are relevant to the plan or programme e. the environmental protection objectives, established at international, Community or Member State level,

which are relevant to the plan or programme and the way those objectives and any environmental considerations have been taken into account during its preparation;

f. the likely significant effects on the environment, including on issues such as biodiversity, population, human health, fauna, flora, soil, water, air, climatic factors, material assets, cultural heritage including architectural and archaeological heritage, landscape and the interrelationship between the above factors. The effects addressed should include secondary, cumulative, synergistic, short, medium and long-term permanent and temporary, positive and negative effects

g. the measures envisaged to prevent, reduce and as fully as possible offset any significant adverse effects on the environment of implementing the plan or programme;

h. an outline of the reasons for selecting the alternatives dealt with, and a description of how the assessment was undertaken including any difficulties (such as technical deficiencies or lack of know-how) encountered in compiling the required information;

i. a description of the measures envisaged concerning monitoring in accordance with Article 10; j. a non-technical summary of the information provided under the above headings..

The SEA report needs to include the information that may reasonably be required considering the role of the plan or programme in the decision-making process and the extent to which certain matters are more appropriately assessed at different levels in order to avoid duplication of the assessment. Information provided should reflect the current level of knowledge about possible impacts and may include relevant information available on environmental effects of the plans and programmes and obtained at other levels of decision-making or through other Community legislation may be used for providing the information.

Consultation with authorities and with the public

The draft plan or programme and its accompanied SEA report shall be made available to the public and to the authorities whose specific environmental responsibilities are likely to be concerned by the environmental effects of implementing plans and programmes. The relevant authorities and the public need to be given an early and effective opportunity to express their opinion on the SEA Report and the draft plan or programme before its submission to adoption. Detailed arrangements for the information and consultation of the authorities and the public are left to the discretion of the Member States.

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Transboundary procedure

Transboundary consultations are undertaken if a Member State considers that the implementation of a plan or programme which is prepared within its jurisdiction is likely to have significant effects on the environment in another Member State, or where a Member State likely to be significantly affected so requests. In this case, the Member State in whose territory the plan or programme is being prepared shall - before submission of the draft plan or programme for adoption - provide the proposed plan/programme and the accompanying SEA report to the other Member State.

Where a possibly affected Member State indicates that it wishes to enter into consultations on possible transboundary environmental effects of the proposed plan or programme, the Member States concerned shall enter into consultations concerning such effects and the measures envisaged to reduce or eliminate them.

Decision-making on the proposed plan or programme must take into account the SEA Report, outcomes of consultations with the relevant environmental authorities and the public and the results of any transboundary consultations undertaken. The relevant environmental authorities, the public and any Member State consulted must be informed about the adopted plan or programme, about the way the environmental considerations have been integrated into it and the measures decided concerning monitoring.

Monitoring

The significant environmental effects of the implementation of plans and programmes need to be monitored in order to identify possible unforeseen adverse effects and to be able to undertake appropriate remedial action. Existing monitoring arrangements may be used if appropriate for this purpose.

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