Quesito 004 – 1/1/15 – UE – Con riferimento all’art. 3 comma 1 lettera n) D.Lgs. 105/15 [Art. 3(11) Dir. 2012/18/UE] relativo alla definizione di Presenza di sostanze pericolose, questa definizione individua gli stabilimenti nei quali sostanze pericolose possano essere generate come risultato di una perdita di controllo dei processi in quantità che eccedano le soglie riportate in Allegato 1 [I], anche se lo stabilimento normalmente non ricadrebbe nel campo di applicazione della Direttiva Seveso?

Question: Does this notion aim to cover establishments where dangerous substances may be generated as a result of loss of control of the processes in quantities exceeding the qualifying thresholds in Annex I, even if such establishment would not normally fall under the scope of the Seveso Directive, for reason of the actual or anticipated presence of dangerous substances in quantities above the qualifying thresholds?

Answer: The definition in Article 3(11) refers to:

(1)    the actual presence of dangerous substances in the establishment,
(2)    the anticipated presence of dangerous substances in the establishment,
(3)    the dangerous substances which it is reasonable to foresee that may be generated during loss of control of the process, including storage activities, in any installation within the establishment.

The reference in (3) to “any installation within an establishment” cannot be understood as meaning to restrict the scope of this third scenario to only those substances that could be created as a result of loss of control in installations already covered by the Seveso Directive for reason of the actual or anticipated presence of (other) dangerous substances.
The notions “presence of dangerous substances”, “installations” and “establishments” are interlinked and used in a circular way. No conclusions shall be drawn from these cross-references.

The Seveso Directive underlines the need to ensure that appropriate precautionary action is taken to ensure a high level of protection throughout the Union for citizens, communities and the environment (recital (2) of the Directive). Such high level of protection can only be achieved if the necessary prevention and control measures are taken in all establishments where dangerous substances could be present in quantities above the thresholds.

Therefore, if it is reasonable to believe that, in case of an incident, dangerous substances could be created in quantities exceeding the qualifying thresholds, then the operator of the establishment where non-Seveso substances are present or where Seveso-substances are present but below the qualifying quantities, should notify its activities as if it were a Seveso establishment.