seveso ii transposition and implementation: possible approaches and lessons learned from member...
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Parliament/ government Transposition into national laws, regulations and administrative provisions OperatorsAuthorities Practical application and enforcement of laws, regulations and administrative provisions Implementation What does it mean? Transposition, implementation and enforcement are all part of the overall implementation process!TRANSCRIPT
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