Henri De Schouwer (Flemish region) Isabelle Borgonjon (FPS Labour)

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Presentation transcript:

Henri De Schouwer (Flemish region) Isabelle Borgonjon (FPS Labour) Problems with defining “the operator” for some complex industrial sites Henri De Schouwer (Flemish region) Isabelle Borgonjon (FPS Labour) Flemish Ministry of the Environment

1. Definitions of the Directive Establishment: the whole area under the control of an operator… Operator: any individual or corporate body who: Operates an establishment or installation, OR Holds an establishment or installation, OR, If provided for by national legislation, has been given decisive economic power in the technical operation thereof Circular definitions Flemish Ministry of the Environment

2. Belgian law Definition operator limited to: “any individual or corporate body who operates an establishment or installation” Cooperation agreement has no direct links with: federal legislation on labour safety: employer, legal entity, technical business unit regional legislation on environmental protection and protection of the surroundings: permit holder, operator, environmental technical business unit Flemish Ministry of the Environment

Definition is critical since operator = responsible No problem for sites with only 1 corporate body Discussions for sites where different corporate bodies are active in one or more installations No consensus between authorities  independent legal advise Flemish Ministry of the Environment

Flemish Ministry of the Environment Legal advise: Basic criteria = actual operation, since operator obligations can only be fulfilled by the body who is operating the installations on a daily basis Remarks: Consideration 11: holistic approach Not clear why in Directive “operates the establishment or installation” Doubts on correctness limited Belgian definition Flemish Ministry of the Environment

Guideline established within national cooperation commission Case 1 1 body & 1 operating site  body = operator Case 2 1 body & operating sites at different locations  each site = one establishment Case 3 Owner installation or products  operating body  operator = operating body Flemish Ministry of the Environment

BSI BSI

Key question : Is it possible to operate the installation elsewhere? Case 4 Different bodies are operating different installations on 1 industrial site Key question : Is it possible to operate the installation elsewhere?  YES each body = different operator whose establishment is the area under his control Flemish Ministry of the Environment

Flemish Ministry of the Environment  NO all bodies together = 1 operator = 1 establishment (co-exploitation) Flemish Ministry of the Environment

Lower tier Lower tier

Key question : Is it possible to operate the installation elsewhere? Case 4 Different bodies are operating different installations on 1 industrial site Key question : Is it possible to operate the installation elsewhere?  YES each body = different operator whose establishment is the area under his control  NO all bodies together = 1 operator = 1 establishment (co-exploitation) Flemish Ministry of the Environment