Dangerous substances - Prevention of major-accident hazards (Seveso)

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Several major accidents implicating dangerous substances have left a deep impression on the public opinion and led to the adoption of several directives with 3 main objectives:

  • prevent major accidents involving dangerous substances;
  • limit the consequences of any major accidents on humans and the environment;
  • ensure a high level of protection.

These directives, known as 'Seveso' Directives, impose certain precautionary measures in terms of land-use planning policy in an effort to better control urban development in the vicinity of high-risk establishments.

Establishments covered by 'Seveso' legislation must notify or update the Inspectorate of Labour and Mines (Inspection du travail et des mines - ITM) about any dangerous substances they use and which exceed a certain threshold.

Who is concerned

The 'Seveso' Directive applies in the case of the installation or operation of an establishment where toxic, explosive, flammable, oxidising or environmentally hazardous substances are present or foreseen in quantities which exceed the regulatory thresholds.

The establishments concerned are classified into 2 categories (distinguished in terms of the quantities and not the nature of the product):

  • lower-tier establishments, i.e. establishments where dangerous substances are present in quantities equal to or in excess of the quantities listed in annex I, part 1 and 2 in column 2, but lower than those in column 3 of the law;
  • upper-tier establishments, i.e. establishments where dangerous substances are present in quantities equal to or in excess of the quantities listed in annex I, part 1 and 2 in column 3 of the law.

Substances that may be generated during a loss of control over an industrial chemical process (e.g. uncontrolled rise in temperature, reactive substances coming into contact, etc.), as well as mixtures and waste products likely to be present are also included.

The 'Seveso' legislation applies to the following establishments:

  • refinery;
  • cement factory;
  • steel plant;
  • chemical factory;
  • petrochemical site;
  • oil depot;
  • explosives depot;
  • gunpowder factory.

The following are excluded from the scope of application of the 'Seveso' provisions:

  1. military establishments, installations or storage facilities;
  2. hazards created by ionising radiation originating from substances;
  3. the transport of dangerous substances by road, rail, inland waterways, sea or air, as well as all intermediate temporary storage in relation with the transport;
  4. the transport of dangerous substances in pipelines, including pumping stations, outside of the establishments concerned;
  5. the exploitation (exploration, extraction and processing) of minerals in mines and quarries, including by means of boreholes;
  6. the offshore exploration and exploitation of mineral substances, including hydrocarbons;
  7. the storage of gas at underground offshore sites including both dedicated storage sites and sites where exploration and exploitation of minerals, including hydrocarbons, are also carried out;
  8. waste land-fill sites, including underground waste storage.

Notwithstanding points 5 and 8 above, onshore underground gas storage in natural strata, aquifers, salt cavities and disused mines and chemical and thermal processing operations and storage related to those operations which involve dangerous substances, as well as operational tailings disposal facilities, including tailing ponds or dams, containing dangerous substances, are included within the scope of the 'Seveso' legislation.

Prerequisites

Projects falling within the scope of the 'Seveso' legislation are subject to an operating permit for classified establishments.

For this reason, it is necessary to verify that all required elements for the preparation of the application are available.

Deadlines

In the case of new establishments or modifications implying a change in the inventory of dangerous substances (update), the operator must send a notification of dangerous substances at the same time as the 'Seveso' authorisation application at the latest.

How to proceed

Notification of dangerous substances

Operators of establishments covered by the 'Seveso' legislation must send a notification (or update) of dangerous substances in 4 copies by registered letter with acknowledgment of receipt to the Inspectorate of Labor and Mines (ITM) within the set deadline.

This notification must include, among others:

  • the name and/or trade name of the operator and the full address of the establishment concerned;
  • the registered place of business of the operator, with the full address;
  • the name and position of the person in charge of the establishment, if different from the operator;
  • information sufficient to identify the dangerous substances and category of substances involved or likely to be present;
  • the quantity and physical form of the substances in question;
  • the activity or proposed activity of the installation or storage facility;
  • a description of the immediate environment of the establishment, and factors likely to cause a major accident or to aggravate the consequences thereof including, where available, contact details of neighbouring establishments

Operators subject to part 2 of annex I of the law do not need to send a notification to the ITM if they already sent a notification to the Environment Agency (Administration de l’environnement) before 3 May 2017, and the information contained therein is unchanged.

Major-accident prevention policy

Operators of establishments subject to the 'Seveso' regulation must set out a major-accident prevention policy and send it to the Directorate of Labour and Mines (ITM) in 3 copies by registered letter with acknowledgement of receipt, unless they already sent a major-accident prevention policy to the Environment Agency before 3 May 2017, and the information contained therein is unchanged.

The major-accident prevention policy aims to ensure a high level of protection for the safety and health of people as well as the environment and must be proportionate to the major-accident hazards.

The policy must include the operator's overall aims and principles of action, the role and responsibility of the management, as well as the commitment towards continuously improving control of major-accident hazards, and ensuring a high level of protection.

The document presenting the major-accident prevention policy must be sent at the same time as the safety report at the latest.

The operator must periodically review the major-accident prevention policy and update it at least every 5 years. The updated document must be sent to the ITM in 3 copies by registered letter with acknowledgement of receipt.

Safety report

The operator must draw up a safety report and send the document to the Inspectorate of Labour and Mines (ITM) in 3 copies by registered letter with acknowledgement of receipt.

The purpose of this report is to:

  • demonstrate that a major-accident prevention policy and a safety management system for implementing it have been put into effect in accordance with the regulations in force;
  • demonstrate that major-accident hazards and possible major-accident scenarios have been identified and that the necessary measures have been taken to prevent such accidents and to limit their consequences on the implementation and protection of human safety and health and the environment;
  • demonstrate that adequate safety and reliability have been taken into account in the design, construction, operation and maintenance of any installation, storage facility, equipment and infrastructure connected with its operation which are linked to major-accident hazards inside the establishment;
  • demonstrate that internal emergency plans have been drawn up;
  • provide sufficient information to the competent authorities to enable decisions to be made regarding the siting of new activities or developments around existing establishments;
  • for upper-tier establishments, supply information to enable the external emergency plan to be drawn up.

The safety report must be sent to the ITM:

  • for new establishments: no later than 6 months before the beginning of construction or operation, or before any modifications that result in a change in the inventory of dangerous substances;
  • for existing establishments as well as for existing lower-tier establishments: before 3 May 2019.

Existing upper-tier establishments had until 3 May 2018 to send their safety report to the ITM.

Operators subject to part 2 of annex I of the law do not need to send a notification to the ITM if they already sent a notification to the Environment Agency before 3 May 2017, and the information contained therein is unchanged.

Operators must periodically review the safety report and update it at least every 5 years, as well as:

  • after a major accident in their establishment;
  • at any other time on their own initiative;
  • at the request of the competent authorities;
  • where justified by new facts;
  • where justified by new technological knowledge about safety matters.

The updated document must be sent to the ITM in 3 copies by registered letter with acknowledgement of receipt.

Emergency plans

The operator of an establishment must draw up an internal emergency plan under the guidance of an accredited body.

The objective of the emergency plan is to limit the consequences of a potential accident.

The operator of an upper-tier establishment also supplies the necessary information to the Luxembourg Rescue Services Agency to enable it to draw up an external emergency plan.

The internal emergency plan must be developed:

  • for new establishments: before the start of operation or prior to any modifications leading to a change in the inventory of dangerous substances;
  • for all other establishments: before 3 May 2019.

Upper-tier establishments had until 3 May 2018 to draw up their internal emergency plan.

Internal and external emergency plans must be reviewed at suitable intervals of no longer than 3 years. The re-evaluation must take into account changes occurring in the establishment as well as new technological knowledge concerning the response to major accidents.

Information obligation

The operator must inform the competent authorities in the following events:

  • any significant increase or decrease of the quantities or a significant change in the nature or physical form of the dangerous substance already notified;
  • modification of an establishment or installation which could have significant consequences in terms of major-accident hazards;
  • definitive cessation or decommissioning of the installation (to be declared to the ITM in 5 copies by registered letter with acknowledgment of receipt);
  • changes in the information provided during the notification.

In this case, the operator can be forced to review their major accident prevention policy.

The operator must inform the Inspectorate of Labor and Mines, in 2 copies by registered letter with acknowledgement of receipt, of any planned modification of an installation, establishment, storage facility or process or of the nature or physical form or quantity of dangerous substances which could have significant consequences in terms of major-accident hazards, or could result in a lower-tier establishment becoming an upper-tier establishment or vice versa.

This information must include the following:

  • the names of the applicant and of the operator;
  • the location of the establishment;
  • the condition of the site;
  • the object of the business operation;
  • a description of the planned modifications;
  • a plan of the establishment at a scale of 1:200 or more accurate, unless otherwise indicated by the administrations concerned, indicating the layout of the premises and the location of the installations in particular.

The operator is also obliged to inform the Inspectorate of Labor and Mines, the Environment Agency and the Directorate of Health after a major accident, indicating:

  • the circumstances of the accident;
  • the dangerous substances involved;
  • the data available for assessing the effects of the accident on human health and the environment;
  • the emergency measures taken;
  • the planned measures to:
    • mitigate the medium-term and long-term effects of the accident;
    • prevent any recurrence of such an accident.

Who to contact

2 of 9 bodies shown

  • Inspectorate of Labour and Mines (ITM)

    Address:
    3, rue des Primeurs L-2361 Strassen Luxembourg
    B.P. 27, L-2010 Luxembourg
    Phone:
    (+352) 247 76 100
    Fax:
    (+352) 247 96 100
    Email address:
    contact@itm.etat.lu
    Website:
    http://www.itm.lu/home.html
    Closed ⋅ Opens tomorrow at 8.30
    Wednesday:
    8.30 to 12.00 , 13.30 to 16.30
    Thursday:
    8.30 to 12.00 , 13.30 to 16.30
    Friday:
    8.30 to 12.00 , 13.30 to 16.30
    Saturday:
    Closed
    Sunday:
    Closed
    Monday:
    8.30 to 12.00 , 13.30 to 16.30
    Tuesday:
    8.30 to 12.00 , 13.30 to 16.30

  • Inspectorate of Labour and Mines (ITM) Regional Office Diekirch

    Address:
    2, rue Clairefontaine L-9220 Diekirch Luxembourg
    B.P. 27, L-2010 Luxembourg
    Phone:
    (+352) 247 76 100
    Fax:
    (+352) 247 96 100
    Website:
    https://itm.public.lu/fr/nous-connaitre/guichets/diekirch.html
    Closed ⋅ Opens tomorrow at 8.30
    Wednesday:
    Closed
    Thursday:
    8.30 to 11.30, 14.00 to 17.00
    Friday:
    8.30 to 11.30, 14.00 to 17.00
    Saturday:
    Closed
    Sunday:
    Closed
    Monday:
    8.30 to 11.30, 14.00 to 17.00
    Tuesday:
    8.30 to 11.30, 14.00 to 17.00

  • Inspectorate of Labour and Mines (ITM) Regional Office Esch-sur-Alzette

    Address:
    1, boulevard de la Porte de France L-4360 Esch-sur-Alzette Luxembourg
    B.P. 27, L-2010 Luxembourg
    Phone:
    (+352) 247 76 100
    Fax:
    (+352) 247 96 100
    Website:
    https://itm.public.lu/fr/nous-connaitre/guichets/esch-alzette.html
    Closed ⋅ Opens tomorrow at 8.30
    Wednesday:
    8.30 to 11.30, 14.00 to 17.00
    Thursday:
    8.30 to 11.30, 14.00 to 17.00
    Friday:
    8.30 to 11.30, 14.00 to 17.00
    Saturday:
    Closed
    Sunday:
    Closed
    Monday:
    8.30 to 11.30, 14.00 to 17.00
    Tuesday:
    8.30 to 11.30, 14.00 to 17.00

  • Inspectorate of Labour and Mines (ITM) Regional Office Strassen

    Address:
    3, rue des Primeurs L-2361 Strassen Luxembourg
    B.P. 27, L-2010 Luxembourg
    Phone:
    (+352) 247 76 100
    Fax:
    (+352) 247 96 100
    Website:
    https://itm.public.lu/fr/nous-connaitre/guichets/strassen.html
    Closed ⋅ Opens tomorrow at 8.30
    Wednesday:
    8.30 to 11.30, 14.00 to 17.00
    Thursday:
    8.30 to 11.30, 14.00 to 17.00
    Friday:
    8.30 to 11.30, 14.00 to 17.00
    Saturday:
    Closed
    Sunday:
    Closed
    Monday:
    8.30 to 11.30, 14.00 to 17.00
    Tuesday:
    8.30 to 11.30, 14.00 to 17.00

  • Inspectorate of Labour and Mines (ITM) Regional Office Wiltz

    Address:
    20, route de Winseler L-9577 Wiltz Luxembourg
    B.P. 27, L-2010 Luxembourg
    Phone:
    (+352) 247 76 100
    Fax:
    (+352) 247 96 100
    Website:
    https://itm.public.lu/fr/nous-connaitre/guichets/wiltz.html
    Closed ⋅ Opens at
    Wednesday:
    8.30 to 11.30, 14.00 to 17.00
    Thursday:
    Closed
    Friday:
    Closed
    Saturday:
    Closed
    Sunday:
    Closed
    Monday:
    Closed
    Tuesday:
    Closed

2 of 5 bodies shown

Ministry of Health and Social Security Health Directorate

Address:
13a, rue de Bitbourg L-1273 Luxembourg Luxembourg
Phone:
(+352) 247 85 605

Luxembourg Rescue Services Agency

Address:
1, rue Robert Stumper L-2557 Luxembourg Luxembourg
Phone:
(+352) 49 77 11
Fax:
(+352) 49 77 17 71
Email address:
info@112.public.lu
Website:
http://www.112.public.lu/

Related procedures and links

Procedures

Classified establishments ('commodo/incommodo')

Links

Further information

Legal references

Loi du 28 avril 2017

concernant la maîtrise des dangers liés aux accidents majeurs impliquant des substances dangereuses et portant modification de la loi modifiée du 10 juin 1999 relative aux établissements classés

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