EUROPEAN COMMISSION DIRECTORATE-GENERAL ENVIRONMENT Directorate C - Quality of Life, Water & Air ENV.C.4 - Industrial Emissions

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1 Ref. Ares(2016) /04/2016 EUROPEAN COMMISSION DIRECTORATE-GENERAL ENVIRONMENT Directorate C - Quality of Life, Water & Air ENV.C.4 - Industrial Emissions SERVICE REQUEST N 1 Under framework contract No: ENV.C4/FRA/2015/0042 Pursuant to the above-mentioned framework contract, concluded between the Commission and your company, we request an offer for the service specified below: 1. Designation of service requested 2. Requester (name and function) Analysis and summary of Member States' reports on the implementation of Directive 96/82/EC on the control of major accident hazards involving dangerous substances Aneta WILLEMS, Head of Unit 3. Specific terms of reference See annex 4. Estimated duration of the work (calendar days) Proposed starting and completion dates 5. Maximum budget available for the services Estimated duration: 8 months Proposed starting date: 1 June 2016 Proposed completion date: 31 January 2017 EUR Expected result (1) Study report (2) Presentation of results to EU Member States (3) Leaflets Commission européenne/europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel Office: BU-5 04/030 - Tel. direct line env-seveo@ec.europa.eu

2 7. Requester's address (to which the offer is to be sent) European Commission Directorate-General for the Environment Directorate C Quality of Life, Water & Air Unit ENV C.4 Industrial emissions 1049 Brussels Belgium In case of technical questions please contact: Aléxandros KIRIAZIS (env-seveso@ec.europa.eu) 8. Requester's signature 9. Date of signing request Thank you in advance for responding rapidly to this request by submitting an offer in accordance with the provisions of the framework contract within 15 working days. Please also advise the Commission services with 5 working days if you do not intend to submit an offer. Annex: Specific terms of reference 2

3 SERVICE REQUEST ANNEX Specific Terms of Reference Analysis and summary of Member States' reports on the implementation of Directive 96/82/EC on the control of major accident hazards involving dangerous substances 1. GENERAL INFORMATION Major industrial accidents involving dangerous chemicals pose a significant threat to humans and the environment. Furthermore such accidents cause huge economic losses and disrupt sustainable growth. However, the use of large amounts of dangerous chemicals is unavoidable in some industry sectors which are vital for a modern industrialised society. To minimise the associated risks, measures are necessary to prevent major accidents and to ensure appropriate preparedness and response should such accidents nevertheless happen. In Europe, the catastrophic accident in the Italian town of Seveso in1976 prompted the adoption of legislation on the prevention and control of such accidents. The initial Seveso-I-Directive 82/501/EEC 1 was later amended in view of the lessons learned from later accidents such as Bhopal, Toulouse or Enschede resulting into the Seveso-II- Directive 96/82/EC 2. In 2012 Seveso-III-Directive 2012/18/EU 3 was adopted taking into account, amongst others, the changes in the Union legislation on the classification of chemicals and increased rights for citizens to access information and justice. It replaces the previous Seveso-II-Directive. The Seveso-III-Directive now applies to more than industrial establishments in the European Union where dangerous substances are used or stored in large quantities, mainly in the chemical, petrochemical, logistics and metal refining sectors. Considering the very high rate of industrialisation in the European Union the Seveso Directive has contributed to achieving a low frequency of major accidents. The Directive is widely considered as a benchmark for industrial accident policy and has been a role model for legislation in many countries world-wide. 1 Council Directive 82/501/EEC of 24 June 1982 on the major-accident hazards of certain industrial activities, OJ L 230, , 2 Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances, OJ L 10, , (latest consolidated version available online at: 3 Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC, OJ L 197, , 3

4 2. REPORTING CONTEXT Under Article 19(1) of the Seveso-II-Directive Member States and the Commission shall exchange information about the prevention of major accidents and the limitation of their consequences. Member States have three principle reporting obligations: (1) To report establishments covered by the Directive (Article 19(1a)); (2) To report major accidents (Article 15 and Article 19(2)), and (3) To report on the implementation of the Directive (Article 19(4)), While the Seveso-II-Directive 96/82/EC has meanwhile been repealed and replaced by the Seveso-III-Directive, the reporting period is the last period for which Member States still had to report under the Seveso-II-Directive. Their reports for this period still need to be assessed in accordance to the Seveso-II-Directive, while future assessments will be made under the Seveso-III-Directive. This allows for an opportunity to deliver a report on overall implementation under the Seveso-II-Directive Reporting on establishments (Article 19(1a)) Under Article 19(1)(a) Member States shall provide information on the establishments covered by the Seveso-II-Directive, which the Commission shall include in a database. This database is known as the electronic Seveso Plants Information Retrieval System (espirs) and is operated by the Major Accident Hazard Bureau (MAHB) which is established at the Directorate General Joint Research Centre (JRC). The espirs database is available online (registration required) at: Reporting on major accidents (Article 15 and Article 19(2)) Under Article 15 of the Seveso-II-Directive, Member States shall inform the Commission of major accidents meeting the criteria of Annex VI which have occurred within their territory. Article 19(2) requires the Commission to set up and keep at the disposal of the Member States a register and information system containing the details of the major accidents reported by Member States. This database is known as the electronic Major Accident Reporting System (emars). The information is partly publically available online at: emars is operated by the MAHB Reporting on implementation (Article 19(4)) Article 19(4) requires Member States to submit every three years a report for upper-tier establishments covered by Articles 6 and 9 on the basis of a questionnaire. Member States had to submit their reports for the reporting period by 30 September The questionnaire which had to be used for this reporting period and the replies from Member States are available online at Reports that were submitted in languages other than the Commission's working languages (English, French and German) have been translated into English by the Commission. 4

5 The Commission has to publish a summary of the information provided by the Member States every three years. Past reports are publicly available online at: 3. SUBJECT OF THE SERVICE REQUEST With this service request, the Commission aims to get support for summarising and analysing the information submitted by Member States under the Seveso-II-Directive for the period and for outlining future work on monitoring and implementation support Assessment of implementation The tasks will involve the analysis of the information provided and, where relevant, obtaining missing or additional information from Member States. The major deliverable will be a report which is also to be presented to Member States during a dedicated meeting. Furthermore, the work will require the preparation of short leaflets summarising key information from the report. The tasks are further detailed in chapter 4.2. The objective is to provide the Commission with a clear picture on the status of implementation of the Directive in Member States. Where gaps are identified the report should identify possible methods to overcome the situation. Where feasible the report should also assess the benefits or shortcomings of Commission support to Member States. The report should provide the Commission and interested stakeholders with meaningful and robust statistics, depicting past, current and potentially future developments and trends for the purpose of assessing the success of the Directive, the progress made and benchmarking. The report should furthermore facilitate the drafting of the Commission's report on the application of the Directive Monitoring implementation In addition to the predominantly backward looking elements listed above, the objective of the work is also to provide the Commission with a basis for monitoring implementation of the Directive. The Seveso-III-Directive is generally viewed as global benchmark for legislation on major accidents. However, the Commission has limited quantitative information about the status elsewhere and has no immediate indicator to measure progress. The data collected on major accidents in the European Union in general terms now show for many years a stable number of accidents (approx annually) despite an increasing number of establishments covered by the policy. Therefore, the work is expected to provide a deeper insight into the trend and to commence work on developing a meaningful indicator. 4. TASKS 4.1. General task information Each tenderer is invited to set out, in its offer, the specific methodology that is proposed to deliver the work necessary to complete this service request. In general terms the Commission anticipates that the work will entail at least the elements listed in this 5

6 chapter and in chapter 4.2. The tenderer is invited to describe how it proposes to fit the tasks together both in terms of timing and substance. The assessment of implementation in the final report is to be based primarily on the data provided by Member States. Where additional information is used to complement the information it needs to be based on robust evidence (e.g. literature research, emission data inventories, comparison of national practice/guidance in this field, interviews with experts, infringement data and complaints where available). Throughout the contract the contractor shall regularly inform the Commission of the progress of the work and any important issues that may arise. All tasks described in these specifications are the responsibility of the contractor but must be carried out in close co-operation with the Directorate General Environment of the European Commission, in particular with Unit C4 'Industrial Emissions'. The contractor will also need to consult with the Directorate General Joint Research Centre of the European Commission and its unit G5, namely with the Major Accident Hazards Bureau. Furthermore it may involve contacting competent authorities in Member States and other stakeholders. With regard to the tasks aiming at benchmarking and future monitoring (i.e. those listed in chapters and 4.2.5) and the aspects of the tasks in chapters and that are not covered by the reported information, the Commission wishes to point out that at this stage only groundwork is expected thus typically requiring literature research and similar work rather than systematically surveying stakeholders. An overview of the expected deliverables and the deadlines is available in chapter 7.2 below. Access to espirs and emars is restricted but the Commission can make statistical information available for the purpose of the study. The final report should not include any information that would allow the identification of individual economic operators or natural persons. The tenderers are invited to consult the reports for previous periods 4. However, the Commission wishes to point out that the tasks outlined in this service request are of a broader nature than in previous years and the expectations towards the deliverables have changed accordingly. In particular the Commission would expect the tenderer to suggest improved/further detailed analysis and presentation methods as well as more refined statistical results Tasks to be performed Task 1: Analysis of the reports submitted by Member States Based on a methodology agreed with the Commission, the Contractor shall conduct the sub-tasks listed below for providing a detailed analysis of the reports of Member States. The main body of the report shall include the overall situation whereas summary sheets for each Member State shall be provided in an annex

7 (a) (b) (c) (d) (e) (f) Check if all questions in the questionnaire have been answered completely and where necessary obtain missing information from Member States; Summarise, analyse and compare the answers of Member States; Provide an overall analysis and description of the status of implementation of the Directive in the EU for the reporting period , including a comparison with the previous reporting periods where possible; Highlight key compliance issues and identify areas in which additional support by the Commission could significantly improve the situation and outlining how this could be achieved. This should consider administrative, legal, technical or scientific support which could be provided by DG Environment or the Major Accident Hazards Bureau. Where applicable, it could also point out possible improvements which could be achieved by using synergies with other policy areas or in cooperation with other bodies; Provide in the annex of the report a summary sheet for each Member State providing a brief overall analysis of the completeness of the report and its content for each question as well as a summary of the implementation status highlighting key compliance issues (see for reference previous reports 5 ); In addition to subtask (e) also include in the Member State summary sheet the number of establishments and major accidents established under task 2 and 3, depicting also the historical development and benchmarking the current situation of each Member against the EU average Task 2: Statistical conclusions on major accidents In close co-operation with the Major Accident Hazards Bureau, analyse the data reported by Member States on major accidents between 2012 and 2014 and provide meaningful and robust statistical conclusions taking into account also earlier years. The analysis should depict past, current and potentially future developments and trends for the purpose of assessing the success of the Directive, the progress made and benchmarking. It needs to be analysed if it was possible to align the trends to measures taken (e.g. new legislation, start of implementation support). The report should also assess whether particular sectors are overrepresented in terms of accidents or fatalities. This task also includes a rough estimate of the socio-economic consequences of the reported accidents. Apart from monetary aspects the report should also clearly depict the associated fatalities and injuries. While Member States do not need to report socioeconomic data on accidents to the Commission, some Member States include such information in their national databases and some generic information on the estimation of costs of major accidents may be available. Generic data on costs of work related fatalities and injuries should be available

8 Task 3: Statistical conclusions on establishments In close co-operation with the Major Accident Hazards Bureau, analyse the data reported by Member States on establishments between 2012 and 2014 and provide meaningful and robust statistical conclusions taking into account also earlier years. The analysis should depict past, current and potentially future developments and trends for the purpose of assessing the success of the Directive, the progress made and benchmarking. It needs to be analysed if it was possible to align the trends to measures taken (e.g. new legislation, start of implementation support). This task also includes an analysis of the typical size of Seveso establishments, i.e. whether they are small, medium, large or multi-national enterprises through analysing a representative sample. The primary objective would be to allow for a better assessment whether more specific or different measures are necessary for SME and to better assess the related administrative burden. To the extent possible on the basis of the data already provided by Member States 6, the report should also assess the impact of the Seveso-III-Directive on the number of establishments and their status and in particular: (a) (b) The number of establishment that newly fall under the scope of the Seveso-III-Directive and of those that fell out of the scope, and the trigger for the change; The number of establishments that changed their status from lower-tier to upper-tier and vice-versa as a result of the new provisions in the Seveso- III-Directive, and the trigger for the change; Task 4: Benchmarking To assess the broader context of major accidents the report should provide a brief comparison of the current situation and progress made in the European Union related to major-accident-hazard policies and in particular prevention, with those in other major and emerging economies (e.g. Australia, Brazil, Canada, China, India, New Zeeland, Russia or United States of America) Task 5: Monitoring indicator Taking into account the relevant sections in the Better Regulation guidelines 7, the report shall provide an overview of available indicators addressing the issue of major accidents or process safety and should analyse the 5 most relevant indicators in more detail with regard to their suitability to serve as an indicator depicting progress under the Seveso-III- Directive. It should also be investigated whether the data reported by the Member States provide sufficient information to establish a monitoring indicator or, where this is not the case, indicate what additional data would be required to develop a suitable indicator. 6 It is acknowledged that by the time this contract takes effect most likely only few Member States will have already updated their establishment inventory in espirs

9 Task 6: Preparing leaflets Prepare two versions of a leaflet (one two-pager, one four-pager) with key messages and statistical information addressed to the general public. They need to include a short policy background (see for reference: and should in particular depict the progress made in the European Union, if possible also in comparison with other major economies. The four-pager should in addition include a summary of the legal requirements (see for reference: and highlight the international leadership of the EU policy in this area. The leaflets need to be prepared in accordance with the relevant Commission style-guides for such documents (see for reference: and in cooperation with the communication unit of the Directorate General Environment. They need to be delivered in different formats (e.g. format suitable for print-shops, pdf format, Microsoft Office compatible format). 5. ESTIMATED EXPERTISE REQUIREMENT The project manager is expected to have a very good record of projects which have been managed successfully, including projects with the European Commission. The experts involved are expected to have a very good understanding and/or experience in the relevant legislation, data collection, evaluation, analysis and implementation. In assembling the team the project manager should consider language competence of the team members to accommodate as many official EU languages as feasible but at least English, French and German. 6. MEETINGS The working language at all meetings will be English. The contractor shall submit minutes of any such meetings, video- and phone-conferences within 5 working days for approval by the Commission Kick-off meeting A kick-off meeting shall be organised in Brussels between the contractor and the Commission Services within 15 working days 8 after signature of the contract. The Contractor shall present at this meeting a draft methodology to perform the contract Co-ordination meetings In addition to the kick-off meeting and the presentation of work, the Contractor shall be available, upon request of the Commission, to organise on demand videoconference meetings and be available to attend one meeting 9 in Commission premises in Brussels to discuss the progress made and the various reports. The contractor shall organise phone- 8 The term 'working days' refers to working days of the Commission as defined in the relevant Commission Decision. The timeframe may be adjusted up to 15 working days in view of availability of relevant Commission staff or if the Contractor can demonstrate that travel costs involved would be prohibitive expensive due to the short notice. 9 This would most likely be to present the interim report. 9

10 conferences throughout the duration of the contract as necessary to discuss questions but at least once a month to report on progress. Where the Contractor should be present in Brussels or Ispra (MAHB seat) due to other work, the Contractor should consider using the opportunity, where easily feasible without noteworthy budgetary implications and where necessary, for additional co-ordination meetings to enhance communication flow thus improving the quality of the work Presentation of work The Contractor shall present the outcome of the work to the Member States. If the timeframe of the project allows doing so, it should be presented at a meeting of the Seveso Expert Group 10. Else, a virtual presentation, e.g. in a webinar, would be acceptable. 7. DELIVERABLES 7.1. Report specifications The overall content and format requirements are outlined in chapter 4 of the framework contract. This section only provides additional specifications. The language of the reports and all documentation produced in the context of this contract must be English. All documents have to be written in clear, understandable and correct British English. The documents should be concise, straightforward and easy to follow, with a clear layout and structure, appropriate contents page, glossary, abbreviations and executive summary. Apart from the actual findings it shall also include a chapter on the methodology. All reports shall be provided electronically both in a PDF and Microsoft Office 2010 compatible format. In addition 3 colour-print paper copies of the final report shall be provided. The final reports shall include: an abstract of no more than 200 words an executive summary of maximum 6 pages; The Commission is committed to making online information as accessible as possible to the largest possible number of users including those with visual, auditory, cognitive or physical disabilities, and those not having the latest technologies. The Commission supports the Web Content Accessibility Guidelines 2.0 of the W3C. Where colours are used to depict information (e.g. in graphs) the formatting should be chosen in a manner that allows identifying the information also in black and white prints. For full details on Commission policy on accessibility for information providers, see: All the information compiled in the framework of the drafting of the report shall be made available with the report. This includes in particular the statistical graphs with their 10 The Seveso Expert Group typically meets in October or November. 10

11 underlying data in an editable electronic format that allows their easy modification and re-use for other publications. The report will be published by the Commission in the EU Bookshop Deadlines for deliverables The timetable of the deliverables is the following 12 : No Task Timing Description Indicative date D working days Kick-off meeting 15 June D+3,5 months Interim report 15 September D+6 months Draft final report 30 November D+6 months Draft leaflets 30 November D+8 months Final report 31 January D+8 months Final leaflets 31 January D+8 months (at the latest) Presentation to Member States 31 January DURATION OF THE TASKS The tasks should be completed within 7 months of the signature of the contract. The execution of the task may not start before the contract has been signed. 9. PLACE OF PERFORMANCE The place of performance of the tasks shall be the contractor s premises or any other place indicated in the tender, with the exception of the Commission s premises When mutually agreed between the Commission and the contractor individual deadlines may be slightly adjusted during the project, e.g. in view of absences of staff or public holidays, as long as this does not put the overall timeframe at risk. Such agreement needs to be formlessly documented in written form (e.g. by ). 13 The column 'indicative date' provides an illustrative example for the deadlines assuming a signature date of 1 June The actual delivery dates are defined by the signature date plus the periods indicated in the column 'timing' 14 D = contract signature date 11