Aligning Seveso with EU classification legislation

How is the scope of Seveso currently determined?

Any site, not just those in the chemical sector, is covered by Seveso if it has dangerous substances present at or above specified quantities, or if dangerous substances could be generated during loss of control of an industrial chemical process.
Annex 1 is the main part of Seveso that is used to decide whether the Directive applies.  Currently, a substance is 'dangerous' under Seveso if it:

• falls into one or more of ten specified categories of danger when classified under the Dangerous Substances Directive (67/548/EEC) or the Dangerous Preparations Directive (1999/45/EC), regardless of whether or not the substance is required to be classified under those Directives.  These categories relate to human toxicity, physico-chemical hazards, and the danger for the environment; or
• is included in a list of 'named' substances that have higher or lower qualifying quantities than would otherwise apply.  For example, the toxic substances phosgene, phosphine and arsine all have lower qualifying quantities as named substances because of their potential to cause a major accident.  The named list takes precedence over the generic categories.

What's going to change?

A new EU Regulation on the Classification, labelling and packaging of substances and mixtures (known as the CLP Regulation) came into force on 20 January 2009.  CLP aligns the EU system to the United Nations Globally Harmonised System of Classification and Labelling of Chemicals (GHS).

Over a period of time, CLP will replace the EC Dangerous Substances and Dangerous Preparations Directives.  This will break the legislative link between Seveso and the existing classification legislation so a new method of determining the application of Seveso will need to be found.  This will necessitate an amendment to Annex 1 of Seveso.

(Note: since the EU has now implemented the United Nations GHS system through the new CLP Regulation, these Seveso website pages will generally refer to the implications for Seveso of CLP rather than GHS.)

Why can't the references in Seveso to the Dangerous Substances and Preparations Directives just be replaced with references to CLP?

Unfortunately it isn't that straight forward because, to some degree or other, many of the CLP classifications (hazard categories) differ from the current ones.  This creates potential for changes to:

• the scope of Seveso i.e. where sites move into or out of scope, and
• the regulatory attention sites receive i.e. whether they are subject to the basic 'lower tier' duties or the additional and more stringent 'top tier' duties.

The UK Competent Authority for Seveso has worked with the EC and other Member States to identify the implications of CLP for Seveso.

• EC Technical Working Group on Seveso and CLP

What is the EC's position on linking Seveso with CLP?

The aim of the EC is to link Seveso with the new CLP categories so that there is :

• no reduction in the current level of protection Seveso provides i.e. no significant changes for the thresholds of relevant substances already in scope, and
• no unnecessary and significant extension to the scope of Seveso so as to avoid increasing the burden on industry and administration i.e. no increase in the scope of the Directive unless justified on safety or environmental grounds.

What are the timescales for making changes to Seveso?

The EC adopted a proposal for a new Directive on 21 December 2010.

Any changes that need to be made because of the introduction of the CLP Regulation must be agreed at EU level and transposed into national legislation by 1 June 2015.

How will the changes be implemented?

The Competent Authority will consult on proposals to implement the new Directive together with an impact assessment and any supporting guidance.

Some changes, especially those involving Article 12 or Annex 1 of Seveso, will also need to be implemented through separate land use planning legislation which is the responsibility of Communities and Local Government, the Welsh Assembly Government, and the Scottish Government.