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Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 State of Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 State of safety documentation according to the Act on major accidents in the CR Vilém Sluka Labour Safety Research Institute (LSRI) Expert department for prevention of major accidents

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 European Union Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 European Union • Council Directive 82/501/EEC of 24 June 1982 on the major-accident hazards of certain industrial activities (SEVESO I) • Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (SEVESO II) • 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 2

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Czech Republic Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Czech Republic • Act n. 349/2004 Coll. on prevention of major accidents caused by selected dangerous chemical substances and chemical products (act on prevention of major accidents). 3

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 [Complete version Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 [Complete version of act n. 353/1999 Coll. , on prevention of major accidents caused by selected dangerous chemical substances and chemical products and on amendment of act n. 425/1990 Coll. , on district authorities, amendment of their competence and some other related measures, as amended by following legislation, (act on prevention of major accidents), as result from amendments implemented by act n. 258/2000 Coll. , act n. 320/2002 Coll. and act n. 82/2004 Coll. ]. 4

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 • Decree Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 • Decree n. 366/2004 Coll. of the Ministry of Environment, on some details of the system of prevention of major accidents. (Replaces repealed Decree n. 8/2000 Coll. of the Ministry of Environment, that sets the rules of assessment of risk of a major accident, the scope and mode of preparation of a safety programme of prevention of major accident and of a safety report, of preparation of disaster response plans, of preparation of data for given zones of disaster response planning and for preparation of external disaster response plan and the scope and mode of information designated for public and procedure for ensuring of informing of public in the zone of disaster response planning ). 5

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 • Decree Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 • Decree n. 367/2004 Coll. of the Ministry of Environment, that amends the Decree n. 7/2000 Coll. , that sets the scope and mode of preparation of an announcement of major accident and of a final report on origin and consequences of a major accident. • Decree n. 373/2004 Coll. of the Ministry of Industry and Trade, that sets the details about the scope of safety measures of physical protection of facility or installation inserted in group A or B. 6

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 • Government Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 • Government Decree n. 452/2004 Coll. , that sets the mode of assessment of a safety programme of prevention of major accident and of a safety report, the content of annual plan of controls, the procedure to realise inspection, the content of information and the content of final report on inspection. (It replaces repealed Decree n. 6/2000 Coll. ) 7

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 • Decree Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 • Decree n. 383/2000 Coll. of the Ministry of Interior from 24 th October 2000, that sets the rules for definition of a zone of disaster response planning and the scope and mode of preparation of external disaster response plan for accidents caused by selected dangerous chemical substances and chemical products. 8

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Present time Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Present time future: Preparation of a new act, that will include requirements of the 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. Validity from 1 st July 2005. 9

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Act on Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Act on prevention of major accidents caused by selected dangerous chemical substances and chemical products (n. 353/1999 Coll. , complete wording n. 349/2004 Coll. ) § 7: operator A Safety programme * Decree § 8: operator B Safety report * Decree n. 366/2004 Coll. of the Ministry of Environment, on some details of the system of prevention of major accidents. 10

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Pathway of Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Pathway of document: Operator A/B (document) Regional authority (RA) Mo. E + concerned administration authorities + concerned municipalities Mo. E + concerned administration authorities : statement RA concerned municipalities : municipality and public statements RA issues a decision Operator + Mo. E (for information) Mo. E LSRI 11 (Expert department for assessment of safety documentation)

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 LSRI - Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 LSRI - Expert department for prevention of major accidents (EDPMA) Expert department for state administration needs in the area of documentation prepared according to the Act on prevention of major accidents • Assessment and evaluation of completeness and correctness of safety documents (safety programme a safety report) • Expert preparation of state administration officers for performance of activities according to act n. 353/1999 Coll. , on prevention of major accidents • Consultancy in the field of application of the act on prevention of major accidents 12

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 http: //www. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 http: //www. vubp. cz/oppzh. php • • Basic information Legislation Question and answers Methodical procedures Addresses Literature, information Number of companies inserted in groups A and B Mo. E, CEI 13

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 http: //www. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 http: //www. env. cz Environmental risks Accidents Documents • Legislative framework • Methodical instructions of the department of environmental risks • Course diagrams • Procedure of the EU countries for implementation of SEVESO II Directive • Recommended materials OECD • Announcement of major accident – electronic form 14 • Present state – annual reports CEI

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 References • Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 References • Web pages LSRI; European Commission Joint Research Centre-MAHB; European Commission. Environment-Chemical Accident Prevention, Preparedness and Response; UNECE; UNEPAPELL; OECD 15

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Annexes to Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Annexes to decree n. 366/2004 Coll. : Annexe 1 Safety programme of prevention of major accident Part I: Basic information on the facility or installation Part II: Presentation of the method and the result of conducted analysis of assessment of risks of major accident in a facility or installation inserted in group A Part III: description of system of prevention of major accident including general objectives and principles of prevention of major accidents (content and material content ) Part IV: Concluding summary 16

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Annexe 2 Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Annexe 2 Content of chapters of the safety report Part I: Basic information on the facility or installation Part II: Description, information and data components of the safety report document Part III: Presentation of the method and the result of conducted analysis of assessment of risks of major accident in a facility or installation inserted in group B Part IV: description of system of prevention of major accident including general objectives and principles of prevention of major accidents Part V: description of preventive measures to limit the possibilities of occurrence and consequences of major accident 17 Part IV: Concluding summary

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Czech Republic: Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Czech Republic: 154 operators inserted according to the Act on prevention of major accidents: 73 in group A + 81 in group B (number from 1 st February 2005) Approved: 95 documents: 43 in group A + 48 in group B + 4 investments (2 A + 2 B) 18 (number from 17 th March 2005)

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Methodical procedures Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Methodical procedures (1) (on web page http: //www. vubp. cz/oppzh. php) 1. 2. 3. 4. 5. Methodical instruction for insertion of facility or installation in group A or B Methodical instruction for scope and mode of preparation of a safety programme of prevention of major accident Methodical instruction for preparation of a safety report Methodical instruction and procedures for preparation of an internal disaster response plan Announcement of major accident 19

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Methodical procedures Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Methodical procedures (2) 6. Course diagrams 7. Comments on preparation and assessment of safety documentation 8. Reliability of human factor in the safety documentation according to the Act on prevention of major accidents 9. Procedures and methods of analysis and risk assessment for the objectives of the Act on prevention of major accidents 10. Cognitive terminological dictionary of some terms used in the analysis and risk assessment for the objectives of the 20 Act on prevention of major accidents

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Comparison of Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Comparison of required components of documents „Safety programme“ …… „Safety report“ Safety programme I. II. IV. Basic information on the facility or installation Presentation of the method and the result of conducted analysis of assessment of risks (AAR) of major accident (MA) in a facility or installation description of system of prevention of MA including general objectives and principles of prevention of MA Concluding summary Safety report I. III. IV. VI. Basic information on the facility or installation Description, information and data components of the safety report document Presentation of the method and the result of conducted AAR of MA in a facility or installation description of system of prevention of MA including general objectives and principles of prevention of MA description of preventive measures to limit the possibilities of occurrence and consequences of MA 21 Concluding summary

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 • • Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 • • Procedure of assessment of safety documentation Preliminary studying of the document Detailed studying of the document and filling in of corresponding table ( „checklist“ format) Elaboration of final document „Statement“ Mo. E Related activities 2 x per year workshops on the assessment issue Meetings with operators, preparators of the documentation and concerned state administration if asked 22 Methodical help (see below)

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Statement about Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Statement about the safety documentation contains: a) b) c) d) Identification data about operator´s facility/installation Assessment of the risk of occurrence of major accident and its possible consequences Assessment of preventive safety measures Recommendations on completion of the documentation Date, signature Annexe to system components of the document (general objectives and principles of prevention of MA, safety management system, organisation of prevention of MA, management of the operation of the facility/installation, management of changes in the facility/installation, disaster response planning, monitoring of fulfilment of the programme, control and audit) 23

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 General comments Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 General comments on preparation of the documentation : (all components) • Nonrespect of recommendations to prepare the documentation according to the act • Problem of adequate description of the reality of the operator connected to this issue • Safety documentation according to Seveso I had descriptive character, according to Seveso II it shall prove the use of procedures in given situation • Qualification of staff that prepares analysis and risk assessment • Weak application of chemical engineering 24 • Risk Management is a lasting process

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Analysis and Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Analysis and assessment of risks is the basis !!! Method of analysis and assessment of risk of major accident for preparation of safety documentation according to the act on prevention of major accidents 1. 2. 3. 4. 5. 6. Definition of risk analysis, determination of depth of study Creation of a database of information about analysed system (facility/installation) a its surroundings Identification of sources of risks of major accident Selection of sources of risks of major accident for risk analysis Identification of possible causes of major accident Identification and definition of major accidents scenarios 7. Selection of representative major accidents scenarios 25

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 8. 9. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 8. 9. 10. 11. 12. 13. Definition of the mode of estimation of consequences of representative major accidents scenarios Definition of the mode of estimation of probability of representative major accidents scenarios Definition of the risk rate of representative major accidents scenarios Assessment of acceptability of risks of occurrence of major accidents Assessment of adequacy of safety and protection measures Measures to lower the risk of occurrence of major 26 accident

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Some insufficiencies Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Some insufficiencies and comments on the analysis and assessment of risks • Defined depth of risk analysis is not adequate to identified sources of risks • Insufficient description of technologies, devices, dangerous situations and conditions in the assessed facility/installation, of characteristics of dangerous chemical substances and chemical products • Insufficient account of material • Insufficient or unmatching mapping • Insufficient information about meteorological situation 27 • Insufficient information about surroundings

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 • Incomplete Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 • Incomplete identification of sources of risks and problems with selection of sources of risks for deeper analysis • Problems with systematic approach to search variations from standard situations • Insufficient assessment of reliability of human factor • Insufficient identification of scenarios, including definition of representative scenarios • Inconvenient selection of methods of definition of consequences and insufficient definition of consequences of scenarios on life and health of people, of livestock and environment and property • Problems with assessment of the domino-effect 28

 • • Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ • • Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Probability of events is missing or incredible Meteorological situation in the given area forgotten Risk rate not stated as number of graphical presentation of risk rate missing Assessment of acceptability of risk is missing Assessment of adequacy of present safety and protection measures is missing Control of assessment of adequacy of recommended safety and protection measures through new completing risk analysis is missing A plan to lower the risks, a system and a way of control of the plan´s fulfilment and a system and a way of monitoring of the measures´ effectiveness are all missing Operator does not accept proposed measures 29

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Some insufficiencies Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Some insufficiencies and comments on the safety programme • Evidence of corresponding requirement of safety management system is missing • Brief description of content focus of the document in question is missing • Submission of general statements in the part reserved to system measures, that lead to supposition that operator is in one of the following situation: 30

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 1. 2. Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 1. 2. 3. 4. Safety management system (SMS) is in operation, but it is described and documented in a wrong way in the document SMS is not in operation, but a concrete plan how to put it in operation exists (including deadlines and responsibilities), which is nevertheless not described and documented in the document SMS is not in operation, future operation is not planned, however single safety elements are spontaneously fulfilled thanks to high level of consciousness of the employees SMS is not in operation, future operation is not planned, 31 single safety elements are not fulfilled ?

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Statements that Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Statements that should be true • Safety engineering has a correct position • Operator accepts results of the risk analysis and has a functioning risk management system, adequate to sources of risk that have been analyzed • Operator has experts for major accidents prevention • State administration has experts for major accidents prevention and executes effectively land-use planning • Public is adequately informed in the area of major accidents´ prevention • Operator, state administration and public co-operate 32 mutually in order to lower risks reasonably

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Summary of Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Summary of main problems: Operator: • • • Knowledge of basics of analysis and evaluation of risks Data for risk analysis, material balances Acceptance of results of risk analysis Preventive safety measures Presentation of operator/installation to public Reflection of incidents: almostincident, accident, major accident 33

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 State administration Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 State administration • Knowledge of basics of analysis and evaluation of risks • Conception of accident planning • Relation state administration – operator – public • Room for education • Respect for the state officer 34

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Public • Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 Public • • Perception of risk Easily manipulated by media Lack of interest Lack of pride 35

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 … and Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 … and what is going to come next? • • Implementation of „Directive 2003/105/EC“ new act Upgrading of methodical instructions and other materials Cognitive terminological dictionary– updating 2 x per year Quantitative approach to evaluation of risk Revision of safety reports Seminars Preparation of other assistance materials 36

Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 A citation Integrated and Planned Enforcement of Environmental Law Phare Twinning Project CZ 03/IB/EN/01 A citation to end: „Investments into knowledge bring greatest interest“ Benjamin Franklin [(17. 1. 1706 - 17. 4. 1790) Americký osvícenský myslitel, diplomat, přírodovědec, publicista, tiskař. Práce týkající se atmosférické elektřiny; v r. 1750 zkonstruoval hromosvod; zavedl označení kladná a záporná elektřina. ] Small CV of BF 37