THE CONVENTION: AN IDEAL LEGAL INSTRUMENT FOR THE PREVENTION OF, PREPAREDNESS FOR AND RESPONSE TO INDUSTRIAL ACCIDENTS
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1 THE CONVENTION: AN IDEAL LEGAL INSTRUMENT FOR THE PREVENTION OF, PREPAREDNESS FOR AND RESPONSE TO INDUSTRIAL ACCIDENTS ERNST BERGER (Switzerland) Former (First) Chairperson of the Conference of the Parties ( )
2 Content of Presentation Important Major Accidents in Europe UNECE Convention on Industrial Accidents: - Clearly Defined Scope - Identification and Notification - Owner Responsibility and Government Control - Emergency Preparedness and Public Participation - Accident Notification and Mutual Assistance Implementation of the Convention The Assistance Programme
3 1 June 1974: Catastrophic Explosion in Flixborough
4 10 July 1976: Accident in Seveso, Northern Italy
5 1 Nov. 1986: Sandoz Warehouse fire in Basel, CH
6 UNECE Convention on Industrial Accidents
7 Clearly Defined Scope Article 2.1 This Convention shall apply to the prevention of, preparedness for and response to industrial accidents capable of causing transboundary effects. Articles 1(a) and 1(b) (a) Industrial accident means an event resulting from an uncontrolled development in the course of any activity involving hazardous substances. (b) Hazardous activity means any activity in which one or more hazardous substances are present or may be present in quantities larger than the threshold quantities listed in Annex I and which is capable of causing transboundary effects.
8 Identification and Notification Article 4.1 For the purpose of undertaking preventive measures and setting up preparedness measures, each Party shall take measures, as appropriate, to identify hazardous activities within its jurisdiction and to ensure that affected Parties are notified of any such proposed or existing activity.
9 Example of Identification, Seveso II Directive Les installations classées en Aquitaine Etablissements classés "Seveso" Etablissement Dept. Ville Classement COM GAZ - Atur BERGERAC NC Atur Bergerac Seveso seuil bas Seveso seuil haut EURENCO FRANCE Bergerac Seveso seuil haut MARY ARM Bergerac Seveso seuil haut POLYREY Couze-et-Saint-Front Seveso seuil haut BREZAC - St Lizier Creysse Seveso seuil haut BREZAC - Le Fleix Le Fleix Seveso seuil haut INTERSPRAY Neuvic Seveso seuil bas DE BONFILS Saint-Félix-de- Villadeix Seveso seuil haut
10 Owner Responsibility and Government Control Article 3.3 The Parties shall ensure that the operator is obliged to take all measures necessary for the safe performance of the hazardous activity and for the prevention of industrial accidents. Article 17.1 Each Party shall designate or establish one or more competent authorities for the purposes of this Convention
11 Emergency Preparedness / Public Participation Article 8.2 Each Party shall ensure for hazardous activities the preparation and implementation of on-site contingency plans Article 8.3 Each Party shall ensure for hazardous activities the preparation and implementation of off-site contingency plans... Article 9 Each Party shall ensure that adequate information is given to the public in the areas capable of being affected by an industrial accident
12 Accident Notification / Mutual Assistance Article 10.2 In the event of an industrial accident with transboundary effects, the Party of origin shall ensure that affected Parties are notified through the industrial accident notification systems Article 12.1 If a Party needs assistance in the event of an industrial accident, it may ask for assistance from other Parties... Article Each Party shall designate or establish a point of contact for the purpose of industrial accident notifications and mutual assistance
13 Implementation of the Convention
14 The Assistance Programme
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