1. SEVESO II transposition and implementation: Possible approaches and lessons learned from member states and new member states SEVESO II transposition and implementation: Possible approaches and lessons learned from member states and new member states

2. Part of the overall regulatory cycle Seveso II transposition and implementation

3. 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!

4. 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 implementation

5.  The transposition process should be:  Consistent  Systematic  Transparent  Based on public expectations  Adequate to the overall HSE policy Seveso II transposition

6. 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 (a dministrative and expert). Seveso II transposition

7. 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 transposition

8.  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 transposition

9. 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 implementation

10. 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 implementation

11.  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 implementation of Seveso II

12.  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 stakeholders