Written Answers. - EU Directives.
John Dennehy
Ceist:
128
Mr. Dennehy
asked the
Tánaiste and Minister for Enterprise, Trade and Employment
if her attention has been drawn to the negative impact that the implementation of the SEVESCO Directive II, particularly Article 12, is having on the town of Passage West, County Cork; if her attention has further been drawn to the potential negative impact on other parts of Cork, due to the preponderance of designated industries in the region; if the Health and Safety Authority has prepared a list or map of the affected zones; if such a map is available to Members of the Oireachtas and the public; if there are different categories of risk associated with the directive; if all EU states apply exactly the same criteria; if Ireland applies a more stringent approach; the level of discretion that can be applied when dealing with planning applications in affected zones; and if she has satisfied herself that this directive should be applied retrospectively to industries built up to 25 years ago.
[27586/00]
The purpose of Directive 96/82/EC, known as the SEVESO II Directive, is to deal with major accident hazards arising from the presence of dangerous substances. The Health and Safety Authority – HSA – which will be the central competent authority for SEVESO II, has informed me that this directive introduced a requirement, not present in the SEVESO I Directive, that member states should ensure that the objectives of preventing major accidents and limiting the consequences of such are taken into account in their land use policies and/or other relevant policies through controls on: siting of new establishments, modifications of existing establishments, and new developments such as transport links, locations frequented by the public and residential areas in the vicinity of existing establishments.
Furthermore, member states are required to ensure that their land-use policies take account of the long-term need to maintain appropriate distances between SEVESO establishments and residential areas, areas of public use and areas of particular natural sensitivity/interest. Also, member states are required to ensure that such establishments take any necessary additional technical measures so as not to increase the risks to people. I would emphasise, therefore, that in discussing the impact of the SEVESO II Directive on the town of Passage West in Cork, or indeed on any other part of the country, it is important to keep in mind the original purpose of the directive. This purpose is essentially to recognize that in practice accidents occur from time to time, and the limitation of the consequences of such accidents has to be actively addressed.
Under the directive, member states are required to ensure that appropriate consultation procedures are set up between competent authorities and planning authorities so that technical advice on the risks arising from an establishment are available on a case by case basis or on a generic basis. The HSA, as the central competent authority designate, has provided advice upon request in respect of particular planning applications, such as that in Passage West. It is currently developing its advice for the district as a whole and the long-term objective is to provide advice in written and map form to the planning authorities and hence to the public.
The HSA has informed me that it is not in a position to produce a complete list or a map of affected zones until the relevant legislation has been finalised and the notifications submitted by the relevant companies. Under the draft legislation establishments coming under the requirements of the SEVESO II directive will have to identify themselves to both the HSA and to the planning authorities.
According to the HSA, there are different categories of risk associated with major hazards depending on the nature of dangerous substances at the establishment, the nature of the processes carried out therein and the distance between the source of risk and the person exposed. Also, in addition to risks to humans, consideration has also to be given to environmental risks.
Currently there is no single agreed methodology within the European Union for the assessment of risk and member states have adopted different approaches. The HSA has informed me that while it is adopting a relatively cautionary approach due to the long-term implications of planning decisions, it bases its considerations on established methodologies developed by, or for, international bodies such as the US Environmental Protection Agency, the UK Health and Safety Executive and the Dutch Ministry of Home Affairs.
The role of the HSA is to provide technical advice on the risks arising from SEVESO establishments and the level of discretion in dealing with planning applications in effected zones is, ultimately, a matter for the planning authorities to decide.
I should point out that while the SEVESO II Directive has not yet been transposed into Irish law, effectively it is applicable to all EU member states since the due date for its transposition which is 3 February 1999.
