
The Implementation of the Seveso Directives in an Enlarged Europe
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In the national reports and in the general opening chapter, the authors discuss safety measures aimed at preventing major accidents as well as control measures which aim at limiting the consequences of an accident once it occurs. They describe provisions regarding such factors as the following, in terms of both the legal requirements and actual current implementation:
;
land use planning;
location of an industrial establishment;
start-up of an industrial establishment;
organizational and managerial factors;
substances used in the industrial process;
hazard sources;
conditions under which a major accident could occur;
operations at the installation;
preventive measures planned;
role of competent authorities;
the role of the Major Accident Hazards Bureau;
inspections and other control measures;
the penalty system and legal action;
urban development around the industrial establishments at risk;
transboundary effects;
measures regarding the safety of personnel;
compensation for damages to victims of technological disasters; and
site rehabilitation.
An introduction presents a detailed description and analysis of the events following the release of a dioxin cloud from the Icmesa factory in Seveso in July 1976, written by two of the prime movers in bringing the severe human and environmental implications of the accident to European attention.
In its recognition that the environmental stake is of crucial importance for the future - indeed, a necessary condition for economic development and the construction of a European identity - this important book gives lawyers and other concerned parties the kind of clear, integrated perspective that leads to concerted positive action. It will be highly valued as a major contribution to our knowledge of how to prevent and control threats to the human and natural environment.
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Content
- Cover
- Half Title Page
- Editorial Board
- Title Page
- Copyright Page
- Summary of Contents
- Table of Contents
- Foreword
- Introduction
- Chapter 1 The Institutional and Legal Framework of Reference: The 'Seveso' Directives in the Community and Their Implementation in the Member States
- 1 INTRODUCTION
- 1.1 THE FIRST DIRECTIVE OF 1982 (DIRECTIVE 82/501/EEC)
- 1.1.1 The Legal Basis of the Directive without a Specific Community Competence in Environmental Matters
- 1.1.2 The Guiding Principles and the Principles Contained within the Directive 82/501/EEC
- 1.1.3 The Amendments Made to the First 'Seveso' Directive
- 1.1.4 The Implementation of the First 'Seveso' Directive by the Member States and the Control Measures Taken by the Commission
- 1.2 THE 'SEVESO II' DIRECTIVE OF 1996
- 1.2.1 The Legal Basis of the Directive
- 1.2.2 The Essential Contents of the Directive
- 1.3 THE ROLE OF THE MAJOR-ACCIDENT HAZARDS BUREAU IN ISPRA
- 1.4 IMPLEMENTATION OF DIRECTIVE 96/82 IN THE MEMBER STATES AND THE ROLE OF THE COMMISSION
- 1.5 THE TOULOUSE ACCIDENT AND THE NEW AMENDMENTS MADE TO THE 'SEVESO II' DIRECTIVE
- 1.5.1 Changes Introduced by Directive 2003/105
- 1.6 THE CURRENT SITUATION IN AN ENLARGED EUROPE: SOME INITIAL CONSIDERATIONS ON THE IMPLEMENTATION OF REGULATIONS INVOLVING MAJOR ACCIDENTS IN THE TEN NEW MEMBER STATES
- Chapter 2 Implementation of the 'Seveso' Directives in France
- 1 BRIEF INTRODUCTION TO THE EVOLUTION OF INDUSTRIAL RISK REGULATIONS IN FRANCE
- 2 LE DROIT DES INSTALLATIONS CLASSIFIÉES POUR LA PROTECTION DE L'ENVIRONNEMENT
- 2.1 MAIN FEATURES OF THE LAW
- 2.1.1 Start-up of an Industrial Establishment
- 2.1.2 Operations at the Installation
- 2.1.3 Closure and Cessation of Industrial Activity
- 2.2 THE PENALTY SYSTEM AND LEGAL ACTION
- 3 TRANSPOSITION OF COMMUNITY LEGISLATION
- 4 THE NEW FRENCH LEGISLATION ON THE PREVENTION OF 'TECHNOLOGICAL HAZARDS' AND THE AMENDMENT TO COMMUNITY LEGISLATION
- 4.1 THE IMPORTANT ROLE OF PUBLIC INFORMATION
- 4.2 URBAN DEVELOPMENT AROUND THE INDUSTRIAL ESTABLISHMENTS AT RISK
- 4.3 MEASURES REGARDING THE SAFETY OF PERSONNEL
- 4.4 COMPENSATION FOR DAMAGES TO VICTIMS OF TECHNOLOGICAL DISASTERS
- 4.5 SITE REHABILITATION
- 5 APPENDIX OF LEGISLATION
- Chapter 3 Implementation of the 'Seveso' Directives in Germany
- 1 GENERAL INFORMATION
- 2 THE BUNDES-IMMISSIONSSCHUTZGESETZ
- 3 THE STÖRFALL-VERORDNUNG
- 3.1 FULFILMENT OF GENERAL PROVISIONS LAID DOWN IN THE BIMSCHG
- 3.2 OBJECTIVES
- 3.3 OTHER PROVISIONS FOR THE SAFETY OF INSTALLATIONS
- 3.4 ORIGIN AND HISTORICAL EVOLUTION
- 3.4.1 The Störfall-Verordnung of 1980
- 3.4.2 The Amendments of 1988 and 1991
- 3.5 THE STÖRFALL-VERORDNUNG OF 2000
- 3.5.1 Scope of Application
- 3.5.2 General Obligations
- 3.5.3 'Extended' Obligations
- 3.5.4 Obligations of the Authorities
- 3.5.5 General and Final Provisions
- 3.5.6 Implementation of the Ordinance
- 3.6 THE LAST AMENDMENTS OF 2005
- 4 LEGISLATION
- Chapter 4 Implementation of the 'Seveso' Directives in the United Kingdom
- 1 INTRODUCTION
- 2 THE ORIGIN OF THE PREVENTION OF MAJOR-ACCIDENT HAZARDS
- 3 REFERENCE LEGISLATION
- 4 THE 'CONTROL OF MAJOR-ACCIDENT HAZARDS REGULATIONS 1999' (CONSOLIDATED TEXT)
- 5 THE COMPETENT AUTHORITIES
- 6 THE PLANNING (CONTROL OF MAJOR-ACCIDENT HAZARDS) REGULATIONS 1999
- 7 THE TARIFF SYSTEM
- 8 IMPACT OF LEGISLATION ON ACTIVITIES CAPABLE OF CAUSING MAJOR ACCIDENTS
- Chapter 5 Implementation of the 'Seveso' Directives in Italy and in Lumbardy
- 1 INTRODUCTION
- 2 IMPLEMENTATION OF DIRECTIVE 82/501/EEC: PRESIDENTIAL DECREE NR. 175/88
- 3 DIRECTIVE 96/82/EC AND LEGISLATIVE DECREE NR. 334/99
- 4 LEGISLATIVE DECREE NR. 238/2005 IMPLEMENTING DIRECTIVE 2003/105/EC
- 5 REGULATIONS FOR THE LOMBARDY REGION ON MAJOR-ACCIDENT HAZARDS
- 6 REFERENCE LEGISLATION
- Chapter 6 Implementation of the 'Seveso' Directives in Poland
- 1 INTRODUCTION
- 2 HISTORICAL BACKGROUND
- 3 THE CURRENT SITUATION
- 4 THE COMPETENT AUTHORITY
- 5 IMPORTANT DEFINITIONS
- 6 THE MAJOR-ACCIDENT PREVENTION POLICIES
- 7 THE SAFETY REPORT
- 8 CONCLUSIONS
- Chapter 7 Implementation of the 'Seveso' Directives in the Czech Republic
- 1 INTRODUCTION
- 2 CZECH LEGISLATION ON THE PREVENTION OF MAJOR ACCIDENTS
- 2.1 DIRECTIVE 96/82/EC: 'SEVESO II' IN THE CZECH REPUBLIC LEGAL SYSTEM
- 2.2 DIRECTIVE 2003/105/EC
- 3 FRAMEWORK LAW NR. 353/1999 ON THE PREVENTION OF MAJOR-ACCIDENT HAZARDS
- 3.1 INTRODUCTION
- 3.2 THE CLASSIFICATION OF THE ESTABLISHMENTS
- 3.3 THE ANALYSIS AND ASSESSMENT OF MAJOR-ACCIDENT HAZARDS
- 3.4 SAFETY DOCUMENTATION
- 3.5 EMERGENCY PLANNING
- 3.6 LIABILITY INSURANCE
- 3.7 PUBLIC INFORMATION AND PARTICIPATION
- 3.8 ACTIVITY OF THE PUBLIC ADMINISTRATION
- 3.9 INSPECTIONS
- 3.10 SANCTIONS
- 4 LAND-USE PLANNING AND ARTICLE 12 OF DIRECTIVE 96/82/EC IN THE CZECH LEGISLATION
- Chapter 8 Implementation of the 'Seveso' Directives in the Slovak Republic
- 1 GENERAL INFORMATION
- 2 FRAMEWORK LAW NR. 261/2002
- 2.1 INTRODUCTION
- 2.2 CLASSIFICATION OF THE ESTABLISHMENTS
- 2.3 PREVENTION OF MAJOR ACCIDENTS
- 2.4 SAFETY REPORT
- 2.5 PROFESSIONAL QUALIFICATIONS, TRAINING OF EMPLOYEES AND AUTHORIZATIONS
- 2.6 EMERGENCY PLAN AND THE POPULATION PROTECTION PLAN
- 2.7 INFORMATION FOR THE PUBLIC
- 2.8 MAJOR ACCIDENT DATA
- 2.9 LIABILITY FOR DAMAGES
- 2.10 INSPECTIONS
- 2.11 SANCTIONS
- 3 LAND-USE PLANNING
- Annex 1 Original Seveso Directive 82/501/EEC ('Seveso I')
- Annex 2 Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances ('Seveso II')
- Annex 3 Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003 amending Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances ('Seveso III')
- Back Cover
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