The scope and objectives of the Seveso III Directive
The Seveso III Directive has applied since 13 August 2012. The Member States must apply the rules from 1 June 2015. It covers to more than 12 000 industrial establishments in the European Union where dangerous substances are used or stored in large quantities, mainly in the chemical and petrochemical industry, as well as in fuel wholesale and storage (incl. LPG and LNG) sectors. The definition of the ‘establishment’ is provided in Art. 3 of the Directive: It is the whole location under the control of an operator where dangerous substances are present in one or more installations, including common or related infrastructures or activities (see Opinion in Case C-158/15 Elektriciteits Produktiemaatschappij Zuid-Nederland, para. 33-36). Establishments are either lower-tier establishments or upper-tier establishments, depending on the quantity of dangerous substances present. In Art. 2, the Directive provides a list of the establishments which (always) fall under its regime: Onshore underground gas storage in natural strata, aquifers, salt cavities and disused mines and chemical and thermal processing operations and storage related to those operations which involve dangerous substances, as well as operational tailings disposal facilities, including tailing ponds or dams, containing dangerous substances.
On the other hand, some establishments are excluded from the scope of the Directive: For example military establishments, hazards created by ionising radiation originating from substances, the transport of dangerous substances, the exploitation of minerals, the storage of gas at underground offshore sites or waste land-fill sites, including underground waste storage. Those industrial are subject to other legislation at the Union or national level providing in principle for an equivalent level of safety.
The main objective of the Seveso III Directive is to set general obligations of the operators and requirements for the competent authorities in order to prevent major accidents. In order to reduce the risk of domino effects, where establishments are sited in such a way or so close together as to increase the likelihood of major accidents or aggravate their consequences, operators should cooperate in the exchange of appropriate information and in informing the public, including neighbouring establishments that could be affected.
The Seveso III Directive also requires more involvement of public concerned. And last but not least, it also takes account of certain technical European and international changes in the way chemicals are classified.