S.I. No. 74/2006 - European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2006

STATUTORY INSTRUMENTS

S.I. No. 74 of 2006

European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2006

European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2006.

ARRANGEMENT OF REGULATIONS

Preliminary and General

1.	Citation.
2.	Amendment of Safety, Health and Welfare at Work Act 2005.
3.	Interpretation.
4.	Application.
5.	Competent authorities.
6.	Immunity of competent authorities.
7.	Revocations and savings.

Major Accident Hazards

8.	Demonstration of safe operation.
9.	General duties of operators.
10.	Major accident prevention policy.
11.	Notification of establishments.
12.	Safety reports.
13.	Review and revision of safety reports.
14.	Investigation of details of a safety report.
15.	Internal emergency plans.
16.	External emergency plans.
17.	Supplementary provisions to Regulation 16.
18	Information for the safety of the public.
19	Notice for information.

Major Accidents

20.	Scene of major accident.
21.	Notification of major accidents.
22.	Examination and tests of plant, process or procedure.
23.	Special reports on major accidents by inspector.
24.	Power of Minister to direct formal investigation.
25.	Notifiable incidents and register.

Enforcement and Regulation

26.	Functions of Central Competent Authority.
27.	Advice on Land Use Planning.
28.	Inspectors.
29.	Warrant of appointment as inspector.
30.	General powers of inspectors.
31.	Powers of inspectors for purpose of safeguarding persons and the environment.
32.	Application to High Court by Central Competent Authority.
33.	Service of Documents.

Disclosure of Information, Translations of Reports

34.	Restrictions on disclosure of information.
35.	Translations of reports.

Offences and Penalties

36.	Offences.
37.	Onus of proof.
38.	Liability of operators.
39.	Liability of directors and officers of bodies corporate.
40.	Forgery of documents.
41.	Personation.
42.	Obstruction of inspector or authorised officer.
43.	Penalties.
44.	Prosecution of offences.
45.	Cost of prosecutions.

Charges for Services

46.	Charges for services

Schedule 1 Application of the Directive

Annex I to Council Directive 96/82/EC as amended by Council Directive 2003/105/EC

Part 1 Named Substances

Part 2 Categories of substances and preparations not specifically named in Part 1

Schedule 2 Major Accident prevention policy and safety management system

Annex III to Council Directive 96/82/EC as amended by Council Directive 2003/105/EC

Schedule 3 Information to be included in a notification to the Central Competent Authority

Schedule 4 Safety Reports

Part I Purpose of Safety Reports

Part 2 Data and information in a safety Report

Annex II to Council Directive 96/82/EC as amended by Council Directive 2003/105/EC

Schedule 5 Emergency Plans

Part I Objectives of Emergency Plans

Part 2 Data and Information in Emergency Plans

Annex IV to Council Directive 96/82/EC as amended by Council Directive 2003/105/EC

Schedule 6 Public Communication

Annex V to Council Directive 96/82/EC as amended by Council Directive 2003/105/EC

Schedule 7 Major Accidents and Near Misses

Annex VI to Council Directive 96/82/EC as amended by Council Directive 2003/105/EC

Schedule 8 Notifiable incidents

Schedule 9 Annex to Commission Decision 98/433/EC of 26 June, 1998 on Harmonised Criteria for Dispensations

according to Article 9 of Council Directive 96/82/EC

European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2006

I, Micheál Martin, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by Section 3 of the European Communities Act 1972 (No. 27 of 1972) as amended by Section 5 of the European Communities (Amendment) Act 1993 (No. 25 of 1993), and for the purpose of giving effect to Council Directive 96/82/EC of 9 December 1996¹ as amended by Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003² , hereby make the following regulations:

Preliminary and General

Citation.

Amendment of Safety, Health and Welfare at Work Act 2005.

• (a) by deleting the following from column (2) where it appears opposite “2000” in column (i):

“European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2000 ( S.I. No. 476 of 2000 )”,

and

• (b) by inserting a new line at the end of the Part containing -

• (i) in column (1), “2006”, and

• (ii) in column (2), “European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2006”.

Interpretation.

“An Bord Pleanála” means the body referred to in section 102 of the Planning and Development Act 2000 (No. 30 of 2000);

“Authority” means the Central Competent Authority;

“Central Competent Authority” shall be construed in accordance with Regulation 5(1)(a);

“competent authority” means an authority referred to in Regulation 5 and to which Article 16 of the Directive relates;

“dangerous substance” means a substance, mixture or preparation—

• (a) listed in Annex I, Part 1 to the Directive (which Annex is set out in Schedule 1), or

• (b) fulfilling the criteria laid down in Annex 1, Part 2 to the Directive (which Annex is set out in Schedule 1),

and present as a raw material, product, by-product, residue or intermediate, including those substances which it is reasonable to suppose may be generated in the event of an accident;

“Directive” means Council Directive 96/82/EC of 9 December 1996¹ , on the control of major accident hazards involving dangerous substances as amended by Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003² ;

“Environmental Protection Agency” means the body established under section 19 of the Environmental Protection Agency Act 1992 (No. 7 of 1992);

“establishment” means the whole area under the control of the same person where dangerous substances are present at or above the qualifying quantities specified in columns 2 and 3 of the Tables entitled “Part 1 Named substances” and “Part 2 Categories of substances and preparations not specifically named in Part 1” and set out in Schedule 1, in one or more installations, and for this purpose 2 or more areas which contain installations under the control of the same person and separated only by a road, railway or inland waterway shall be treated as one whole area;

“existing establishment” means an establishment which, prior to the commencement of these Regulations, was subject to the provisions of the 2000 Regulations;

“external emergency plan” has the meaning assigned to it by Regulation 16;

“functional area” means—

• (a) in relation to a planning authority, the functional area of that planning authority as defined in section 2 of the Planning and Development Act 2000 ,

and

• (b) in relation to a local competent authority, the area in respect of which a public authority has been designated under Regulation 5(2) to be a local competent authority;

“functions”, in relation to the Central Competent Authority, competent authorities and local competent authorities includes powers and duties and a reference to the performance of a function includes, with respect to powers, a reference to the exercise of a power;

“hazard” means the intrinsic property of a dangerous substance or physical situation with a potential for creating damage to human health or the environment or to both human health and the environment;

“health service executive” means the Health Service Executive established under section 6 of the Health Act 2004 (No. 42 of 2004);

“inspector” in relation to the Central Competent Authority, means an officer of the Authority appointed under Regulation 28 to act as an inspector for the purpose of these Regulations;

“installation” means a unit within an establishment in which dangerous substances are or are intended to be, produced, used, handled or stored, and includes—

• (a) equipment, structures, pipework, machinery and tools,

• (b) private railway sidings, docks and unloading quays serving the installation,

and

• (c) jetties, warehouses or similar structures, whether floating or not,

which are necessary for the operation of the installation;

“internal emergency plan” shall be construed in accordance with Regulation 15;

“internal waters” has the same meaning as it has in the Maritime Jurisdiction Act 1959 (No. 22 of 1959);

“land” includes any land covered with water;

“local authority” means—

• (a) in the case of a city referred to in Part 2 of Schedule 5 to the Local Government Act 2001 (No. 37 of 2001) a city council,

and

• (b) in the case of a county referred to in Part 1 of that Schedule and a town or borough referred to in Parts 1 and 2 of Schedule 6 to that Act of 2001, a county council;

“local competent authority” shall be construed in accordance with Regulation 5(2);

“major accident” means an occurrence such as a major emission, fire or explosion resulting from uncontrolled developments in the course of the operation of any establishment, leading to a serious danger—

• (a) to human health, or

• (b) to the environment,

whether immediate or delayed, inside or outside the establishment, and involving one or more dangerous substances;

“Minister” means the Minister for Enterprise, Trade and Employment;

“new establishment” means an establishment—

• (a) which began construction or operation after the commencement of these Regulations;

• (b) which began construction or operation prior to the commencement of these Regulations but which was not subject to the 2000 Regulations;

• (c) in respect of which there has been a modification after the commencement of these Regulations which makes it subject to Regulations 12 to 18;

• (d) in respect of which there has been a modification or a change or increase in the nature or amount of dangerous substances held there such as would make it subject to these Regulations;

“notifiable incident” has the meaning given to it by Regulation 25;

“notification” has the meaning given to it by Regulation 11;

“operator” means any person who operates or holds an establishment or installation or has been given, by or under any enactment, decisive economic power in the technical operation thereof and where the context requires includes any person who proposes to have any such responsibility;

“planning authority” has the meaning given to it by the Planning and Development Act 2000 ;

“presence of dangerous substances” includes the actual or anticipated presence of dangerous substances in the establishment or the presence of those which it is believed may be generated during loss of control of an industrial chemical process, in quantities equal to or in excess of the thresholds in Parts 1 and 2 of Annex 1 to the Directive (which Annex is set out in Schedule 1);

“risk” means the likelihood of a specific effect occurring within a specified period or in specified circumstances;

“safety report” has the meaning given to it by Regulation 12;

“storage” includes the presence of dangerous substances for the purpose of warehousing, depositing in safe custody or keeping in stock;

“2000 Regulations” means the European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2000 ( S.I. No. 476 of 2000 ) as amended by the European Communities (Control of Major Accident Hazards Involving Dangerous Substances)(Amendment) Regulations 2003 ( S.I. No. 402 of 2003 );

• (2) In these Regulations any reference to Annex I, II, III, IV, V and VI to the Directive is a reference to the relevant Annex to the Directive and which Annexes are set out in Schedules 1, 4, 2, 5, 6 and 7 respectively.

• (3) In determining the presence of dangerous substances the columns in Parts 1 and 2 of Schedule 1 shall be applied in accordance with the provisions of the introduction to that Schedule and the notes set out in each of the respective parts.

• (4) In these Regulations any reference to the beginning of construction or operation of an establishment shall be construed, subject to paragraph (5), as a reference to the beginning of construction or operation, as the case may be, of an installation in the establishment, or where there is or is to be more than one installation in the establishment, the one whose construction or operation, as the case may be, is first begun.

• (5) Where after the commencement date of these Regulations an establishment becomes subject to the provisions of any of the Regulations by virtue of any change in the quantity, nature or physical form of the dangerous substances present there any reference in these Regulations to the beginning of operation shall be a reference to the time the establishment first becomes so subject.

• (6) A word or expression that is used in these Regulations and is also used in the Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Directive.

• (7) In these Regulations -

• (a) a reference to a Regulation or a Schedule is to a Regulation of or a Schedule to these Regulations unless it is indicated that a reference to some other enactment is intended, and

• (b) a reference to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

• (8) In these Regulations a reference to any enactment shall be construed as a reference to that enactment as amended or adapted by any subsequent enactment.

Application.

• (2) These Regulations shall not apply to—

• (a) any property occupied by the Defence Forces and any land or premises referred to in section 268(1) of the Defence Act 1954 (No. 7 of 1954);

• (b) hazards created by ionising radiation;

• (c) the occurrence outside an establishment of—

• (i) the transport of dangerous substances by road, rail, internal waterways, sea or air;

• (ii) intermediate temporary storage associated with a subparagraph (i activity;

• (iii) the loading or unloading of dangerous substances at docks wharves or marshalling yards;

• (iv) the transport to and from another means of transport at docks wharves or marshalling yards;

• (v) the transport of dangerous substances in pipelines and pumping stations;

• (d) the exploitation (exploration, extraction and processing) of minerals in mines, quarries or by means of boreholes, with the exception of chemical and thermal processing operations and storage related to those operations which involve dangerous substances;

• (e) the offshore exploration and exploitation of minerals, including hydrocarbons;

• (f) waste land-fill sites, with the exception of operational tailings disposal facilities, including tailing ponds or dams, containing dangerous substances as defined in Annex 1, in particular when used in connection with the chemical and thermal processing of minerals.

Competent authorities.

• (a) the Health and Safety Authority (in these Regulations referred to as the Central Competent Authority) which shall have responsibility for ensuring compliance with these Regulations and shall fulfil the functions assigned to it by these Regulations,

• (b) a public authority which the appropriate Minister has designated under paragraph (2) as a local competent authority for the purposes of these Regulations,

• (c) a tribunal appointed by the Minister under Regulation 24.

(2)(a) Where the appropriate Minister is of the opinion that the services of a public authority are required for the implementation of any of the functions of a local competent authority under these Regulations in respect of an area, then that Minister shall, subject to subparagraph (b), designate that public authority to be a local competent authority for that area as respects the matters referred to in the designation.

• (b) Except in the case of a designation by the Minister, the Minister for the Environment, Heritage and Local Government, the Minister for Health and Children, the Minister for Justice, Equality and Law Reform or the Minister for Transport, a designation of a public authority under this paragraph shall not be made until all of the Ministers aforesaid have been consulted by the appropriate Minister who intends to make the designation.

• (3) Where a public authority was designated under the 2000 Regulations, the designation shall continue in force as if it was made under these Regulations.

• (4) In this Regulation—

“appropriate Minister” means—

• (a) in relation to the exercise by a Minister of the Government of any powers functions or duties vested in him or her by virtue of any enactment in respect of a public authority, that Minister, and

• (b) in relation to the administration and business of the public service by virtue of any enactment by a Department of State in respect of a public authority, the Minister of the Government having charge of that Department;

“public authority” means any person or body exercising powers or performing duties for the benefit of the public by virtue of any enactment or otherwise under law and includes—

• (a) the Garda Síochána.

• (b) a local authority,

• (c) the health service executive,

• (d) a harbour authority within the meaning of the Harbours Act 1946 (No. 9 of 1946),

• (e) a company established pursuant to Section 7 of the Harbours Act 1996 (No. 11 of 1996).

Immunity of competent authorities.

Revocations and savings.

• (2) The provisions of these Regulations are, except where otherwise provided in addition to and not in substitution for any other enactment, including—

• (a) the Environmental Protection Agency Act 1992 (No. 7 of 1992),

• (b) the Explosives Act 1875 (No. 18 of 1875),

• (c) the Dangerous Substances Acts 1972 and 1979,

• (d) the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005).

Major Accident Hazards

Demonstration of safe operation.

• (2) In respect of an establishment to which this Regulation applies, the operator shall, whenever requested by the Central Competent Authority or by an inspector of that Authority, provide or cause to be provided to that Authority or to that person such evidence (including documents) to prove that he or she has—

• (a) identified the major accident hazards, and

• (b) taken all necessary measures to comply with these Regulations.

General duties of operators.

• (a) to prevent major accidents occurring, and

• (b) to limit the consequences of any such major accidents for people and the environment.

• (2) Without prejudice to the generality of paragraph (1), the matters in respect of which the necessary measures are to be taken by the operator shall include—

• (a) the identification of all major accident hazards in the establishment including an assessment of the extent and severity of the consequences of such accidents;

• (b) the provision and maintenance of installations and systems of work and of the means of entry to and exit from the establishment or any part thereof that are, so far as is reasonably practicable, without risk for people and the environment;

• (c) the making of arrangements to ensure that the use, handling, storage and transport of dangerous substances in the establishment are, so far as is reasonably practicable, without risk for people and the environment;

• (d) the provision of such information, instruction, equipment, training and supervision as is necessary to ensure, so far as is reasonably practicable, the occupational safety and health of the persons working in the establishment;

• (e) the use of the best practicable means—

• (i) to prevent a major emission into the environment from any part of the establishment of dangerous substances resulting from uncontrolled developments in that establishment, and

• (ii) for rendering harmless and inoffensive such substances as may be so emitted.

• (3) An operator of an establishment on being notified in writing by the Central Competent Authority that the establishment has been identified by that Authority as part of a group of establishments where the likelihood and the possibility or consequences of a major accident may be increased because of the location and the proximity of such establishments, and their inventories of dangerous substances shall—

• (a) provide suitable information in an appropriate manner about the establishment to each other establishment in the group to enable them to take account of the nature and extent of the overall hazard of a major accident in their major accident prevention policy documents, safety reports and internal emergency plans,

• (b) take account in the manner outlined in sub-paragraph (3)(a) of information provided to him or her by each establishment in the group, and

• (c) co-operate with those establishments to enable them to carry out any obligations they have under Regulations 15(1), 17(3), 18(1) and 18(7).

Major accident prevention policy.

10 (1) It shall be the duty of every operator to prepare, or cause to be prepared, a statement in writing which shall set out the manner in which major accidents are to be prevented, which statement shall be known and is hereinafter referred to as a “major accident prevention policy document”.

• (2) Operators of existing establishments shall, where necessary, amend existing major accident prevention policy documents drawn up pursuant to Regulation 10 of the 2000 Regulations to comply with these Regulations within 3 months of the commencement of these Regulations.

(3)(a) Subject to subparagraph (b), operators of new establishments shall prepare a major accident prevention policy document without delay and in any event within 3 months of the date on which these Regulations first apply to the establishment concerned.

• (b) Operators of new establishments under construction shall prepare a major accident prevention policy document prior to commencement of operation.

• (4) The major accident prevention policy shall -

• (a) be designed to guarantee a high level of protection for people and the environment by appropriate means, structures and management systems, and

• (b) take account of the principles specified in Annex III to the Directive (which is set out in Schedule 2).

• (5) In the event of a modification of the establishment or any part thereof which shall include any modification to an installation, storage facility, process or nature or quantity of dangerous substances, which could have significant repercussions on major accident hazards, the operator shall review and, where necessary revise, the major accident prevention policy document prior to the commencement of the modification.

• (6) An operator shall implement the policy set out in his major accident prevention policy document.

Notification of establishments.

11 (1) It shall be the duty of every operator to send to the Central Competent Authority a notification containing the information specified in Schedule 3.

• (2) Operators of existing establishments shall, where necessary, amend their existing notifications drawn up pursuant to Regulation 11 of the 2000 Regulations to comply with these Regulations and send the amended notification to the Central Competent Authority within one month of the commencement of these Regulations.

• (3) Operators of new establishments shall send the notification to the Central Competent Authority within 3 months of the date on which these Regulations first apply to the establishment concerned.

• (4) Notwithstanding paragraph (3) it shall be sufficient compliance with that paragraph if an operator at least 6 months, or such shorter period as the Central Competent Authority may agree in writing before -

• (a) the start of construction of an establishment, or

• (b) if construction has already begun in relation to an establishment the start of operation of the establishment

sends a notification to the Authority.

• (5) An operator shall immediately inform the Central Competent Authority in writing in the event of-

• (a) any significant increase in the quantity, or a significant change in the nature or physical form, of a dangerous substance present, as indicated in the notification provided pursuant to paragraph (1), or any significant change in the processes employing it,

• (b) modification of an establishment or an installation which could have significant repercussions on major accident hazards, or

• (c) permanent closure of the installation.

• (6) Obligations referred to in paragraphs (1) to (5) shall not include a requirement to send a notification regarding information which has been included in a safety report already submitted to the Central Competent Authority.

• (7) An operator shall as soon as practicable after the commencement of these Regulations or after these Regulations first apply to the establishment in question, but in any event not later than 3 months after the later of those dates, submit in writing to the planning authority in whose functional area the establishment is situated and to any other planning authority whose functional area may be affected by a major accident at the establishment-

• (a) confirmation that the establishment is subject to these Regulations, and

• (b) the details outlined in paragraphs (a), (d), (e) (g) and (i) of Schedule 3.

• (8) Notwithstanding paragraph (7), where an operator has submitted such confirmation and such details pursuant to Regulation 11 of the 2000 Regulations it shall be sufficient compliance with paragraph (7) if that operator submits any amendments of the relevant details necessary for compliance with these Regulations within one month of the commencement of these Regulations.

Safety Reports.

12 (1) It shall be the duty of every operator to prepare and submit in triplicate to the Central Competent Authority, a written safety report in such form as is acceptable to the Central Competent Authority.

• (2) The safety report shall -

• (a) contain at least the data and information specified in Annex II of the Directive which is set out in Schedule 4 to these Regulations,

• (b) name the relevant organisations involved in the drawing up of the report and

• (c) contain an up to date inventory of the dangerous substances present in the establishment.

(3)(a) Operators of establishments who were required to prepare a safety report under Regulation 12 of the 2000 Regulations shall, where necessary, amend that safety report to comply with these Regulations and send the amended safety report to the Central Competent Authority without delay and in any event no later than 6 months after the coming into operation of these Regulations or such longer period as may be agreed in writing by the Central Competent Authority.

• (b) Operators of establishments to whom the 2000 Regulations did not apply or to whom the 2000 Regulations did apply but who were not required to prepare a Safety Report under them, but to whom these Regulations apply shall prepare and submit a safety report pursuant to paragraphs (1) and (2) to the Central Competent Authority without delay and in any event no later than one year after the coming into operation of these Regulations.

• (4) An operator shall not construct or if construction has already started begin the operation of an establishment unless he or she has prepared, pursuant to paragraphs (1) and (2) a written safety report and submitted it to the Central Competent Authority at least 6 months before beginning such construction and operation respectively or such shorter period as the Central Competent Authority, in each case, may agree in writing.

• (5) Where an operator wishes to construct an establishment he or she shall include in the safety report required by paragraph (1) information which is sufficient for the purposes laid down in paragraphs 2 and 3(a) of Part 1 of Schedule 4 and such information laid down in Part 2 of that Schedule as is relevant for that purpose and shall not begin such construction until he or she has received from the Central Competent Authority the conclusions of its examination of said safety report.

• (6) Where an operator wishes to begin operation of an establishment he or she shall include in the safety report required by paragraph (1), information which is sufficient for the purposes laid down in Part 1 of Schedule 4 and the information laid down in Part 2 of Schedule 4 and shall not begin such operation until he or she has received from the Central Competent Authority the conclusions of its examination of said safety report.

• (7) A safety report submitted to the Central Competent Authority under paragraph (6) shall not be required to contain information already contained in the said safety report sent under paragraph (5) if that information is still valid and accurate.

• (8) Where it is demonstrated by an operator of an establishment to the satisfaction of the Central Competent Authority that particular substances to which these Regulations apply which are present at the establishment, or any part thereof, are in a state incapable of creating a major accident hazard, then the Authority may, in writing and in accordance with the harmonised criteria specified in the Annex to Commission Decision 98/433/EC of 26 June 1998³ (which are set out in Schedule 9) limit the information required in a safety report to those matters which are relevant to the prevention of residual major accident hazards and the limitation of their consequences for people and the environment.

• (9) A safety report prepared by an operator by virtue of the provisions of this Regulation or Regulation 13 shall include the major accident prevention policy document required by Regulation 10 as an integral part thereof.

• (10) The Central Competent Authority may request additional copies of the safety report referred to in this Regulation and the operator concerned shall submit to the Authority, within one month of the receipt of the Authority's request, the number of additional copies so requested.

• (11) It shall be the duty of every operator to provide to the Central Competent Authority any information requested by it following an examination of a safety report required by these Regulations.

Review and revision of safety reports.

• (a) where no previous safety report has been submitted in accordance with this paragraph, within the period of 5 years of submitting the safety report for the purpose of Regulation 12, or

• (b) where a previous report has been submitted, within the period of 5 years of such report having been so submitted, or

• (c) where a modification is proposed to an establishment or an installation thereat, a process or procedure carried on there or the nature or quantity of dangerous substances present and that modification could have significant repercussions as respects major accidents, or

• (d) where justified by new facts or circumstances or in order to take account of any new technical knowledge about safety matters or any developments in knowledge concerning the assessment of hazards—

• (i) on the initiative of the operator, or

• (ii) at the request of the Central Competent Authority,

review and where necessary revise, the most recent safety report prepared and submitted in respect of the establishment and submit the revised details without delay to the Central Competent Authority in a manner which, in the opinion of the Central Competent Authority, can be easily integrated into such report or alternatively shall submit a revised report.

• (2) Notwithstanding paragraph (1) where any review under paragraph (1)(a) or (b) does not result in a revision of the safety report being required the operator shall inform the Central Competent Authority of this in writing immediately.

• (3) Every submission by an operator to the Central Competent Authority pursuant to paragraph (1)(c) shall be submitted by him or her before the modification is implemented.

• (4) For the purposes of this Regulation an establishment shall be taken to be continuing in operation if at the date concerned dangerous substances are or are intended to be produced, used, handled or stored in one or more installations within the establishment.

Investigation of details of a safety report.

• (a) submitted to the Central Competent Authority a safety report or revised details or a submission for the purpose of Regulations 12 or 13, or

• (b) provided the Central Competent Authority with information for the purpose of Regulation 18,

and where the Central Competent Authority considers that the safety report, revised details or submission or the information so provided is inadequate in content, detail or method of assessment, the Authority shall, by notice in writing, require the operator at his or her own expense—

• (i) to have the basis of the safety report, details so submitted and of any information so provided examined forthwith by a competent person or organisation,

• (ii) to have the report of the examination prepared and submitted to him or her by the competent person or organisation as soon as possible, and

• (iii) to furnish the Authority with a copy of that report within 7 days of its submission to him or her.

• (2) The report of the examination carried out for the purpose of paragraph (1 shall include details of—

• (a) the scope, thoroughness or otherwise and conclusions of the examination and

• (b) such other matters as the Central Competent Authority may specify in the notice under paragraph (1).

• (3) If the Central Competent Authority is not satisfied as to the adequacy of an examination or report under paragraph (2) or with the competence of the person or organisation who undertook the examination, the Authority may, by notice in writing require the operator at his or her own expense to have the matter re-examined in accordance with the notice by a person or organisation nominated by the Authority and the operator shall make available any necessary facilities for such re-examination, and the Authority shall consider any representations made by the operator concerning matters of confidentiality in relation to the application of this paragraph.

• (4) It shall be a good defence for a person prosecuted for contravening this Regulation to prove that such person took all steps which were reasonably practicable to comply with the requirements of the relevant notice.

Internal emergency plans.

15 (1) It shall be the duty of every operator to prepare an adequate emergency plan (in these Regulations referred to as an “internal emergency plan”) in respect of each establishment of which he or she is in control.

• (2) Operators shall draw up internal emergency plans pursuant to paragraph (1 in consultation with the personnel working inside the establishment, including long-term relevant subcontracted personnel, each local competent authority in whose functional area the establishment is situated and such other persons as appear to him or her to be appropriate.

• (3) Every internal emergency plan shall fulfil the objectives laid down in Part 1 of Schedule 5 and include the data and information laid down in paragraph 1 of Annex IV to the Directive (which is set out in paragraph 1 of Part 2 of Schedule 5).

(4)(a) Operators of existing establishments shall, where necessary, amend their existing internal emergency plans drawn up pursuant to Regulation 15 of the 2000 Regulations to comply with these Regulations within one month of the commencement of these Regulations.

• (b) Operators of existing establishments that are required to prepare an internal emergency plan for the first time by virtue of the application of Schedule 1 shall prepare such plan as soon as possible and in any event within 6 months of the coming into operation of these Regulations.

• (5) Operators of new establishments shall prepare the internal emergency plan required by paragraph (1) either -

• (a) prior to the commencement of operation, or

• (b) in cases where the establishment is in operation at the time these Regulations first apply to the establishment concerned, as soon as posible but not later than 6 months after the date on which these Regulations first apply to that establishment.

• (6) An operator who has prepared an emergency plan pursuant to this Regulation shall periodically and as often as the circumstances require it but in any event at intervals not exceeding 3 years -

• (a) review and, where necessary, revise and update the plan, and

• (b) ensure that the plan is tested,

and any such review shall take into account changes occurring in the establishment concerned or within the emergency services concerned, new technical knowledge and knowledge concerning the response to major accidents.

• (7) An operator who has prepared an emergency plan pursuant to this Regulation shall put it into effect without delay when -

• (a) a major accident occurs, or

• (b) an uncontrolled event occurs which by its nature could reasonably be expected to lead to a major accident.

External Emergency Plans.

16(1) It shall be the function of every local competent authority, upon being notified by the Central Competent Authority that -

• (a) in its functional area an establishment is in operation or is proposed to be in operation, or

• (b) outside its functional area (whether within the State and its internal waters or otherwise) an establishment is in operation or is likely to be in operation which, in the opinion of the notifying authority, could cause a major accident leading to a serious danger within the functional area of the local competent authority to people or to the environment,

to prepare, subject to paragraph 3(a), in accordance with Regulation 17 an emergency plan (in these Regulations referred to as an ‘external emergency plan’) for action outside the establishment in relation to possible major accidents at the establishment and which shall include arrangements for co-ordinating off-site action and resources.

• (2) A local competent authority shall provide such information from the external emergency plan to the operator concerned as is relevant to the performance of the duties of that operator under Regulations 15 and 18.

• (3) Where a person is responsible for, or proposes to be responsible for, an establishment outside the State or in its internal waters and in respect of which a notification has been given to a local competent authority by virtue of paragraph 1 (b then -

• (a) in preparing the external emergency plan, Regulation 17 shall be construed as if it did not include paragraph (3), and

• (b) the local competent authority shall provide to the said person such information from the external emergency plan as it considers appropriate.

Supplementary provisions to Regulation 16.

17 (1) An external emergency plan prepared by a local competent authority in respect of an establishment shall -

• (a) fulfil the objectives specified in Article 11(2) of the Directive which are set out in Part 1 of Schedule 5,

• (b) include the data and information laid down in paragraph 2 of Annex IV to the Directive (which is set out in paragraph 2 of Part 2 of Schedule 5), and

• (c) take into account the need to facilitate enhanced co-operation in civil protection assistance in major emergencies.

• (2) A local competent authority shall, in preparing an external emergency plan consult with -

• (a) other local competent authorities in whose functional area the establishment to which the plan relates is or is to be situated or whose functional area might be affected by a major accident at the establishment,

• (b) such persons or authorities outside the State as have responsibility for the preparation and implementation of external emergency plans in respect of such establishments as are referred to in Regulation 16(3),

• (c) the operator in respect of whose establishment the plan relates,

• (d) the Central Competent Authority,

• (e) the public, and

• (f) in relation to possible risks of environmental pollution from a major accident, the Environmental Protection Agency.

(3)(a) For the purpose of enabling any local competent authority to prepare or amend an external emergency plan in relation to an establishment, the operator shall provide such local competent authority with such information as may reasonably be required for that purpose including the nature, extent and likely effects inside and outside the relevant establishment of possible major accidents and the information shall be supplied in sufficient time and in such form as may be requested to allow the local competent authority to meet its obligations pursuant to paragraph (4).

• (b) Establishments or groups of establishments identified by the Central Competent Authority pursuant to Regulation 26 shall co-operate in supplying information to the competent authority for the preparation of external emergency plans.

• (c) Any information requested by a local competent authority from an operator or operators pursuant to subparagraphs (a) and (b) shall be supplied not later than one month after having been so requested or within such longer period as the local competent authority may specify in writing.

• (4) An external emergency plan shall be prepared by the relevant local competent authority using such information as is available to it -

• (a) (i) in the case of a new establishment which has commenced operation prior to falling within the scope of these Regulations within one year after the date on which these Regulations apply to the establishment concerned,

• (ii) in the case of a new establishment which has not commenced operation prior to falling within the scope of these Regulations prior to operation,

• (iii) in the case of an existing establishment for which there is a requirement to prepare an external emergency plan for the first time by virtue of these Regulations, within one year of the coming into operation of these Regulations,

or

• (b) not later than 4 months after being notified by the Central Competent Authority of the operation of an establishment or the proposed operation of an establishment,

whichever is the later.

• (5) The relevant local competent authority shall, where necessary, amend any existing external emergency plan prepared pursuant to Regulation 17 of the 2000 Regulations to comply with these Regulations within 3 months of the coming into force of these Regulations.

• (6) Whenever a local competent authority informs the Central Competent Authority that an operator has not complied with a request made by it under paragraph (3), the Central Competent Authority shall, if of the opinion after consulting with the local competent authority that the request was reasonable, take such measures as are necessary to have the information provided.

• (7)
• (a) A local competent authority may authorise in writing, either generally or specifically, any of its officers (hereinafter referred to as an “authorised officer”) to do either or both of the following,—

• (i) enter at all reasonable times any establishment within its functional area, and

• (ii) require and receive from the operator concerned such information as the local competent authority may reasonably require for the purpose of preparing or amending the external emergency plan.

• (b) An authorised officer shall be furnished with a warrant of the officer's appointment and, when exercising any power conferred on an authorised officer under these Regulations, shall, if requested by any person affected produce the warrant to that person.

• (8) A local competent authority which has prepared an emergency plan pursuant to Regulation 16 shall periodically and as often as the circumstances require it but in any event at intervals not exceeding 3 years -

• (a) review and, where necessary, revise the plan which revision shall be carried out in consultation with the public, and

• (b) ensure that the plan is tested,

and any such review shall take into account changes occurring in the establishment concerned or within the emergency services concerned, new technical knowledge and knowledge concerning the response to major accidents.

• (9) Where in preparing or amending an external emergency plan for an establishment a local competent authority is satisfied that a major accident may have an effect outside the State or its internal waters then such authority shall provide sufficient information to the persons specified in Regulation 17(2)(b) in the potentially affected State to allow the preparation of such emergency plans as may be necessary.

• (10) A local competent authority which has prepared an emergency plan pursuant to Regulation 16 shall put it into effect without delay when -

• (a) a major accident occurs, or

• (b) an uncontrolled event occurs which by its nature could reasonably be expected to lead to a major accident.

• (11) The Central Competent Authority may decide, by virtue of the information contained in a safety report that the requirement for a local competent authority to prepare an external emergency plan shall not apply and in that event shall notify the local competent authority in writing of that decision, giving reasons for that decision when so notifying the local competent authority.

Information for the safety of the public.

18 (1) An operator of an establishment shall-

• (a) inform -

• (i) persons other than persons working at the establishment, and

• (ii) institutions or organisations serving the public (such as schools and hospitals)

in the specified area on safety measures and on the correct behaviour which should be adopted in the event of an accident, and

• (b) make the information referred to in subparagraph (a) and the safety report referred to in Regulations 12 and 13 available to any member of the public who requests it.

• (2) In preparing the information referred to in clauses (i) and (ii) of paragraph (1)(a), the operator shall ensure that -

• (a) documentation includes the information specified in Annex V of the Directive (which is set out in Schedule 6), and

• (b) consideration is given to any relevant provisions in the external emergency plan.

• (3) The operator shall ensure that the information referred to in paragraph (1)(a) is supplied to the persons, institutions or organisations referred to in clauses (i and (ii) of paragraph (1)(a) in the most appropriate form, without any such person institution or organisation having to request it, and the operator shall ensure that the supply of the information is repeated at least every 5 years and in any event when there is any material change in the information provided.

• (4) The information referred to in clauses (i) and (ii) of paragraph (1)(a) shall be reviewed by the operator at least every 3 years and in any event whenever a modification of an establishment to which Regulation 13(1)(c) refers occurs, and if as a result of such review the information requires to be revised the operator shall make such revisions and arrange for the supply of the revised information to the persons referred to in paragraph 1(a).

(5)(a) The operator of an existing establishment shall review any information provided pursuant to paragraphs (1) and (2) of Regulation 19 of the 2000 Regulations and, where necessary, amend such information in the light of these Regulations and supply the amended information to the persons and establishments referred to in paragraph (1) within 3 months of the commencement of these Regulations.

• (b) The operator of an existing establishment to which the requirements of paragraphs (1) and (2) apply for the first time shall ensure that the information referred to in paragraph 1(a) is supplied to persons referred to in that paragraph within 6 months of the commencement of these Regulations.

• (6) The operator of a new establishment shall ensure that the information referred to in paragraph (1)(a) is supplied to persons referred to in that paragraph -

• (a) in the case of a new establishment which has not yet commenced operations, before it commences operation, or

• (b) where the establishment has commenced operation prior to becoming subject to these Regulations, within 6 months of the date upon which these Regulations first apply to the establishment concerned.

• (7) Establishments or groups of establishments identified by the Central Competent Authority pursuant to Regulation 26 shall co-operate in informing the public.

(8)(a) The operator of an establishment may request any local competent authority in whose functional area the establishment is situated to enter into an agreement with the operator whereby such authority would arrange for -

• (i) the supply of the information referred to in paragraph (1)(a) to the persons referred to in that paragraph,

• (ii) the making available of the information referred to in paragraph (1)(a) to members of the public who request it, and

• (iii) subject to the provisions of paragraph (12), make the safety report referred to in Regulations 12 and 13 available to any member of the public who requests it.

• (b) In the absence of such an agreement the operator shall remain responsible for ensuring that he or she complies with this Regulation.

• (c) A local competent authority shall not enter into an agreement referred to in subparagraph (a) unless -

• (i) the agreement specifies the information to be provided for the purpose of paragraph (1), and

• (ii) the operator undertakes to provide the information in an appropriate form, and

where an agreement is entered into, the authority concerned shall take the measures necessary for the application of paragraph (1) in respect of that information.

• (d) A local competent authority may charge the operator a fee in respect of the performance of its obligations under the agreement and any such fee shall be recoverable by the local competent authority from the operator as a simple contract debt.

• (9) In this Regulation “the specified area” means that area which is liable to be affected by a major accident at the establishment.

(10)(a) The specified area shall be determined -

• (i) by the operator concerned with the agreement of the Central Competent Authority, or

• (ii) where the operator concerned and the Central Competent Authority are not in agreement, by the Central Competent Authority.

• (b) Where the Central Competent Authority has been obliged, by reason of failure to co-operate, delay or other unreasonable behaviour on the part of the operator concerned, to determine the specified area under subparagraph (a)(ii), then the reasonable expenses incurred by the Authority (or such portion thereof as may be attributable to such failure, delay or other unreasonable behaviour) in determining that area shall be recoverable by the Authority from that operator as a simple contract debt.

• (11) Where the Central Competent Authority or such persons or authorities referred to in Regulation 17(2)(b) brings to the attention of a local authority, which is designated as a local competent authority by virtue of Regulation 5(2), that a major accident at an establishment outside the State or its internal waters may potentially affect persons in the specified area within its functional area, the local authority shall—

• (a) consult with the persons and authorities laid down in Regulation 17(2)(b),

• (b) fulfil the obligations referred to in Regulation 18(1)(a) and (2)(a) in so far as the information required is available, and

• (c) ensure that the information provided takes into consideration any relevant provisions in the external emergency plan prepared by virtue of Regulation 16(1)(b).

• (12) Notwithstanding the provisions of this Regulation, an operator need not make available such parts of a safety report as the Central Competent Authority agrees in writing may be omitted for the purposes of this Regulation, and which parts relate to matters of industrial, commercial or personal confidentiality, public security or national defence, and in such event the report as so amended shall be furnished to the Central Competent Authority, and such amended report shall be made available to the public in lieu of the safety report prepared pursuant to Regulations 12 and 13.

• (13) Where pursuant to paragraph (10)(a) it is established that a major accident may have an effect outside the State then the operator shall provide the information referred to in paragraph (1), in such reasonable quantities as may be requested, to the persons specified in Regulation 17(2)(b).

Notice for information.

• (2) The Central Competent Authority shall not serve a notice for information unless, having regard to all the circumstances of the particular case, that information is in the opinion of the Authority reasonably required for the evaluation of any major accident hazard created by, or which in the opinion of the Authority might be created by, an establishment.

(3)(a) Where a person is aggrieved by a notice for information served on him or her, he or she may, within the period of 21 days beginning on the day on which the notice is so served, appeal to a Judge of the District Court against the notice and in determining the appeal the Judge may—

• (i) if he or she is satisfied that in the circumstances of the case it is reasonable so to do, confirm the notice, with or without modification,

or

• (ii) cancel the notice.

• (b) Where on the hearing of an appeal under this paragraph a notice for information is confirmed the Judge may, on the application of the appellant suspend the operation of the notice for such period as in the circumstances of the case he or she considers appropriate.

• (c) An appeal by a person under this paragraph shall be brought before and heard and determined by a Judge of the District Court for the time being assigned to the district where—

• (i) the establishment, or any part thereof, to which the notice for information relates is situated, or

• (ii) the person to whom the notice for information was addressed ordinarily resides or carries on any profession, business or occupation.

• (d) The Judge determining an appeal under this paragraph may make such order as to the payment of costs in respect of the appeal as he or she considers appropriate.

• (4) Where no appeal is brought against the notice a person to whom a notice for information is addressed shall provide the information requested in that notice —

• (a) on the expiration of the period during which such an appeal may be taken, or

• (b) within the period of time specified in the notice for the purpose of the furnishing of the information, or

• (c) prior to the expiry of such extended period for so doing as the Central Competent Authority may agree in writing,

whichever is the later.

• (5) Where an appeal is brought in accordance with the provisions of this Regulation and the notice is confirmed on appeal (with or without modification) or the appeal is withdrawn, a person to whom a notice for information is addressed shall provide the information requested in that notice—

• (a) on the day following the day on which the notice is so confirmed or the appeal is withdrawn, or

• (b) within the period of time specified in the notice for the purpose of the furnishing of the information, or

• (c) in case the operation of the notice has been suspended in accordance with paragraph (3)(b), on the expiration of the period that the Judge of the District Court considered appropriate for the purpose of that paragraph,

whichever is the later.

• (6) Where any opinion of the Central Competent Authority to which paragraph (2) relates purports to be contained in any document which—

• (a) purports to have been made by or at the direction of the Authority, and

• (b) is produced in evidence by an officer of the Authority in any proceedings,

such document shall be admissible in evidence and shall be evidence of any such opinion in such proceedings without further proof.

• (7) Information sought pursuant to paragraph (1) may include information—

• (a) to fully assess the possibility of a major accident,

• (b) to determine the scope of possible increased probability, aggravation or consequences of major accidents,

(c ) to permit the preparation of an external emergency plan,

• (d) to allow substances to be taken into account which, due to their physical form, particular conditions or location, may require additional consideration.

Major Accidents

Scene of major accident.

• (2) Where the operator concerned informs the Central Competent Authority of the occurrence of a major accident in accordance with Regulation 21(1)(a) and no action has been taken by the Central Competent Authority or an inspector thereof within the period of 3 clear working days from the receipt of such information, then paragraph (1) shall cease to have effect on the expiration of that period.

• (3) In any proceedings taken in respect of a contravention of this Regulation consisting of the doing of any act, it shall be a defence to prove that the doing of such act was necessary—

• (a) to secure the safety or health of any person, or

• (b) to secure the safety of the place where the accident occurred, or

• (c) to prevent damage to the environment.

• (4) In this Regulation “working day” means a day other than a public holiday within the meaning of the Organisation of Working Time Act 1997 (No. 20 of 1997) a Saturday or a Sunday.

Notification of major accidents.

• (a) immediately inform the Central Competent Authority of that occurrence,

• (b) provide the Central Competent Authority with the following information as soon as it becomes available—

• (i) the circumstances of the accident,

• (ii) the dangerous substances involved,

• (iii) the data available for assessing the effects of the accident on people and the environment, and

• (iv) the emergency measures taken,

• (c) inform the Central Competent Authority of the steps envisaged to alleviate any medium-term or long-term effects of the accident and to prevent any recurrence of such an accident.

• (d) update the information provided if further investigation reveals additional facts which alter that information or the conclusions drawn.

• (2) The Central Competent Authority shall supply each of the local competent authorities with such information relating to major accidents as each of those authorities may reasonably require for the purpose of reviewing their external emergency plans which have been prepared under Regulation 16.

• (3) It shall be the duty of any person having any information relevant to the occurrence or analysis of a major accident to provide such information to the Central Competent Authority when requested to do so.

Examination and tests of plant, process or procedure.

• (a) to have that installation, or in case the accident is believed to have been so caused by a part thereof, that part, examined and tested forthwith by a competent person,

• (b) to have that process or procedure investigated thoroughly forthwith including any necessary analysis and tests, by a competent person,

• (c) to have a report of the results of the examination, tests and investigation prepared and submitted to the operator by the person by whom the examination, tests or investigation (as the case may be) was carried out as soon as practicable but in any event not later than 28 days after the completion of the examination, tests or investigation or such longer period as the Central Competent Authority may agree to in writing, and

• (d) to furnish a copy of the report to the Authority within 7 days of its being submitted in accordance with subparagraph (c).

• (2) A report required by virtue of paragraph (1) shall include particulars of—

• (a) the name and qualifications of the person or persons conducting the relevant examination, test or investigation,

• (b) the manner in which the relevant examination, test or investigation was carried out,

• (c) the method used when making any tests or analysis,