Adoption of the Seveso III Directive

The transposition of the European Seveso III Directive into German law has made some serious changes to the Federal Immissions Control Act (BImSchG) and the Hazardous Incidents Regulation (StörfallV).

• Under the new Section 23a of the Federal Immissions Control Act, companies that operate an operating area for purposes of the Hazardous Incidents Regulation are required to report the construction, operation or modification of a facility not subject to permit requirements if the work is relevant for hazardous incident purposes.
• The new Section 23b of the Federal Immissions Control Act also stipulates that, in the future, the construction, operation or modification of a facility not subject to permit requirements within an “operating area for purposes of the Hazardous Incidents Regulation” may require a permit if the work will produce serious effects that are relevant for hazardous incident purposes.
• Furthermore, the recent alignment of the Hazardous Incidents Regulation with the CLP Regulation requires materials characteristics to be reassessed. This may cause certain companies to qualify as “operating areas for purposes of the Hazardous Incidents Regulation”. These companies then have certain additional obligations such as the obligation to draw up a safety plan or safety report.

Your company is required to meet these requirements if you answer any of the following questions in the affirmative:

• Do you operate an operating area as defined by the Hazardous Incidents Regulation?
• Within your operating area for purposes of the Hazardous Incidents Regulation, do you also operate plants not subject to permit requirements such as laboratories or pilot plants?
• Have you not yet updated your substance inventory with the new classification system set out in the CLP Regulation?

Not to worry. We are happy to help you, from notifying the authorities to sampling and analysis to documentation. Our experts will handle everything for you – one partner for all your needs.