SEVESO II transposition and SEVESO II transposition and implementation: Possible implementation: Possible

approaches and lessons learned approaches and lessons learned from member states and new from member states and new

member statesmember states

Part of the overall regulatory cycle

Seveso II transposition and Seveso II transposition and implementationimplementation

Enforcinglegislation

Updating legislation

Public pressure

Drafting legislation

Reviewinglegislation

Implementing legislation

Parliament/government

Transpositioninto national laws,regulations and

administrative provisions

Operators Authorities

Practical applicationand enforcement of

laws, regulations andadministrative provisions

Implementation

What does it mean?

Transposition, implementation and enforcement are all part of the overall implementation process!

In order adequately to transpose the requirements you need to know:

The EU legislation The target groups The capacity of both the CA and operators The current status The expected impact of the EU legislation Public expectations

In order to implement the transposed legislation you need to know:

The requirements of the legislation The competencies and the capacity of the CA The duties of the operators The attitude of the public

Seveso II transposition and Seveso II transposition and implementationimplementation

The transposition process should be: Consistent Systematic Transparent Based on public expectations Adequate to the overall HSE policy

Seveso II transpositionSeveso II transposition

The approach to transposition should take into account: The political and administrative system (e.g. law or regulation,

centralised or regional level, which authorities, etc.). The safety and administrative culture of the operators

(licensing of Seveso sites, more detailed provisions, more sanctions, etc.).

The available resources (training of the CA, frequency of Seveso inspections, who covers the costs, etc.).

The existing legal requirements (possible overlaps, gaps, conflicting legal texts, etc.).

Feedback from the inspection authorities (enforceability) The capacity of the CA (administrative and expert).

Seveso II transpositionSeveso II transposition

The transposition process should involve all relevant stakeholders:

National authorities The EC representation and the European Commission Regional and local authorities The general public (especially people living around Seveso

sites) Industry NGOs Scientific institutions

Everyone can contribute to proper transposition!

Seveso II transpositionSeveso II transposition

Development of a national policy. Development of an action plan, including transposition, with

deadlines, targets and clearly delegated responsibilities. Assessment of the existing legal requirements. Drafting of new legislation. Assessment of compliance with EU requirements. Impact assessment of the proposed legislation. If possible, pilot projects on the implementation of the legislation. If necessary, negotiation of transitional periods. Final endorsement of the legislation.

All relevant stakeholders should be encouraged to discuss the proposed measures at all stages of the process!

Possible steps towards Seveso II Possible steps towards Seveso II transpositiontransposition

The implementation process should be: Consistent Systematic Transparent Able to establish a level playing field Flexible Able to give feedback when inadequacies are found Adequate to the administrative system Achievable using the available resources Based on the administrative capacity of the CA

Seveso II implementationSeveso II implementation

The implementation process could be facilitated by: Guidance notes on different technical aspects of the legislation Guidance notes on the assessment of the documentation

submitted by the operator Guidance notes on the coordination of, and cooperation

between, the CA Unified risk assessment methodologies Training of the CA and industry The active involvement of NGOs and the general public The establishment of feedback channels from the inspecting

authorities The establishment of appropriate registers and databases

Seveso II implementationSeveso II implementation

Preparatory phase number of sites procedures for notification coordination and cooperation between CA training of CA and operators

Implementation phase procedures for the assessment of the documentation procedures for inspections procedures for feedback

Review and follow-up phase Procedures for evaluation Procedures for review and follow-up

Possible steps towards the Possible steps towards the implementation of Seveso IIimplementation of Seveso II

Preparatory phase training of operators public-awareness campaign consultations on the proposed legislation

Implementation phase public information public participation feedback from operators scientific progress

Review and follow-up phase Evaluation of the overall acceptance of the legislation –

operators, public Consultations during the review and follow-up of the

legislation

Seveso II - Involvement of the relevant Seveso II - Involvement of the relevant stakeholdersstakeholders