Regulation on the Registry of Installations in which Dangerous Substances are Present and the Register of Reported Major Accidents

THE MINISTRY OF ENVIRONMENTAL PROTECTION, PHYSICAL PLANNING AND CONSTRUCTION 3297 Pursuant to Article 108, paragraph 2 of the Environmental Protection Act (Official Gazette 110/2007) the Minister of Environmental Protection, Physical Planning and Construction hereby issues the ORDINANCE ON THE REGISTRY OF INSTALLATIONS IN WHICH DANGEROUS SUBSTANCES ARE PRESENT AND THE REGISTER OF REPORTED MAJOR ACCIDENTS I GENERAL PROVISIONS Article 1 This Ordinance regulates the content and the method of maintaining the Registry of installations in which dangerous substances are present within the meaning of the regulation governing the prevention of major accidents involving dangerous substances, the content and method of maintaining the Register of reported major accidents, and the method and deadlines for delivery of data for the Registry and Register. Article 2 The terms used in this Ordinance have the following meaning: 1. Regulation is the Regulation on the prevention of major accidents involving dangerous substances; 2. Party obliged to submit data to the Registry of installations in which dangerous substances are present (hereinafter referred to as: party obliged to submit data) is the company and the operator of the company which performs activities in an installation in which dangerous substances are present within the meaning of the Regulation; 3. Electronic notification is the notification on the presence of dangerous substances in the installation containing the advanced electronic signature; 4. Copy of the notification is a copy of the notification on the presence of dangerous substances in the installation delivered by the party obliged to submit data to the Ministry for each installation in which dangerous substances are present using the prescribed form in accordance with the Regulation. The copy of the notification includes the electronic printout of the notification which shall be delivered along with the copy of the notification; 5. Act is the Environmental Protection Act; 6. Ministry is the Ministry of Environmental Protection, Physical Planning And Construction; 7. Agency is the Croatian Environment Agency. II REGISTRY OF INSTALLATIONS IN WHICH DANGEROUS SUBSTANCES ARE PRESENT 1. Content and method of maintaining the Registry Article 3 (1) The Registry of installations in which dangerous substances are present (hereinafter referred to as: the Registry) is the central source of information in the Republic of Croatia on installations in which dangerous substances are present within the meaning of the Regulation. (2) The Registry contains: 1. on the front page: – the coat of arms of the Republic of Croatia, the words "The Republic of Croatia" and the name of the body maintaining the Registry below the coat of arms, – the full title of the Registry in the middle of the page; 2. on the first page: – the list of parties obliged to submit data which have submitted data to the Registry. The list includes the sequential number of the page on which the entry is made in the Registry, the company, headquarters and registration number of the party obliged to submit data and the numeric code of the activity in accordance with the National Classification of Activities subgroup (of the party obliged to submit data) and the number of installation sites; 3. on the page of entry of the party obliged to submit data for the installation: – information prescribed in Annex I to this Ordinance which prescribes the Form for the content of individual pages of the Registry of installations in which dangerous substances are present. Article 4 (1) The Registry shall be maintained on the basis of documents: 1. which the parties obliged to submit data must deliver in accordance with the Act, the Regulation and this Ordinance: – Electronic notifications or – Copies of the notification; 2. which the Agency delivers to the Ministry in accordance with the prescribed obligations by delivering a notification on issued acts or copies of issued acts related to the installations in which dangerous substances are present, and following receipt of the initial notification on the presence of dangerous substances in the installation. (2) Documents referred to in paragraph 1 of this Article shall be delivered to the Registry and stored in the following manner: 1. documents delivered as Electronic notifications (including the printout of the notification which is delivered along with the Copy of the notification) shall be stored in accordance with a special regulation governing the storage of electronic documents and electronic documents with contents of limited use when the electronic document contains information classified as confidential and subject to special procedures pursuant to acts and other regulations governing handling confidential information; 2. documents delivered in written form (on paper) for individual installations shall be stored in the file containing the first document received from the party obliged to submit data, in accordance with the regulations governing office management. (3) Data delivered to the Registry shall be stored permanently. Article 5 (1) Data contained in the Electronic notification or the Copy of the notification shall be entered into the Registry in accordance with the form prescribed in Annex I to this Ordinance. (2) Data shall be entered into the Registry for each company and its installation in a separate enumerated page of the Registry. Data shall be entered chronologically in the order they were submitted, and data for each installation site shall be kept separately. (3) The Registry shall be maintained using computer software (application) which allows for network input, processing and display of data stored in the Registry. (4) The information system must ensure that backup copies of the Registry are created. 2. Submission of data to the Registry and deadlines for submission Article 6 (1) Parties obliged to submit data shall submit data on the presence of dangerous substances in the installation in accordance with the Form for notification on the presence of dangerous substances in the installation prescribed in Annex II to the Regulation. (2) In order to enable the parties obliged to submit data to use the forms published on the internet, the Form for notification on the presence of dangerous substances in the installation shall be published on the internet sites of the Ministry and the Agency. Article 7 (1) Parties obliged to submit data may submit data for the Registry to the Agency using the Electronic notification provided that the notification contains an advanced electronic signature in accordance with the special regulation governing electronic signatures. In this case, when delivering the Electronic notification, the party obliged to submit data shall also indicate the class number and date of delivery of the Notification on the presence of dangerous substances in the installation in written form to the Ministry. (2) When the party obliged to submit data submits data for the Registry to the Agency using the Copy of the notification, the class and date of receipt of the original of the Notification on the presence of dangerous substances in the Ministry shall be indicated in the Copy of the notification. (3) The Ministry shall deliver data for the Registry by submitting a notification on the issued act or copy of the act or by delivering the documents in electronic form when in compliance with the prescribed requirements for electronic signature. (4) In case subsequent inspection of the documents should indicate that the data delivered for individual installations contained in the Electronic notification (including the electronic printout of the notification which is delivered along with the Copy of the notification) differs from the data in the Notification on the presence of dangerous substances received by the Ministry, the Notification delivered to the Ministry shall be considered relevant. In such case the party obliged to submit data shall, upon the written request of the Ministry, forthwith deliver the Copy of the notification containing the correct data in the electronic printout of the notification which is delivered along with the Copy of the notification. Article 8 (1) For the data delivered to the Registry, parties obliged to submit data shall indicate how the data was obtained (by measurement, calculation or estimation), the methods used (for measurement or calculation) and the regulation pursuant to which the data was determined. (2) Parties obliged to submit data shall store the information on the manner in which the data in the documents delivered for the Registry were obtained (Electronic notification, Copy of the notification) and the description of the methodology used for data collection for a minimum of five years. (3) Data delivered for the Registry by the parties obliged to submit data in accordance with this Ordinance must be complete, accurate and authentic. Article 9 Parties obliged to submit data shall deliver data for the Registry to the Agency without delay whenever notifying the Ministry as required in accordance with the Regulation. 3. Data input, verification of data completeness, accuracy and authenticity Article 10 (1) The Agency shall enter the data into the Registry within 30 days from the date of receipt of the Electronic notification or the Copy of the notification. (2) The Agency official authorised for maintaining the Registry shall perform the input of data into the Registry and shall verify the completeness of data. (3) Verification of data completeness shall be performed to verify that the data is complete and that it has been submitted in the prescribed manner in accordance with the prescribed form, in accordance with the Act, the Regulation and this Ordinance. Article 11 (1) Should the Agency determine that the delivered data is incomplete or that it has not been submitted in the prescribed manner, it shall notify the party obliged to submit data in writing that the submitted data will not be entered into the Registry, providing grounds for refusal of the data, within 30 days from the date of receipt of the Electronic notification or Copy of the notification. (2) In the case referred to in paragraph 1 of this Article, the Agency shall at the same time call upon the party obliged to submit data to deliver accurate and complete data within 15 days from the date of receipt of the written notification. The Agency shall deliver the written notification to the party obliged to submit data by registered mail or another appropriate traceable means of communication. (3) In the cases referred to in paragraph 1 and 2 of this Article, the entry of data into the Registry shall be performed on the basis of the conclusion adopted by the Agency within 15 days from the date the party obliged to submit data has taken appropriate steps in accordance with the Agency's request. This conclusion does not constitute an administrative act. The conclusion establishes that the data delivered for entry into the Registry is complete and has been delivered in accordance with the prescribed form and that the conditions for entry into the Registry prescribed by this Ordinance have been fulfilled. (4) In case the party obliged to submit data fails to take steps in accordance with the Agency's request referred to in paragraph 2 of this Article within the prescribed deadline, the Agency shall notify the environmental inspection thereof. Article 12 The Ministry shall ensure the verification of completeness, accuracy and authenticity of data submitted for entry into the Registry. 4. Access to data in the Registry Article 13 (1) For access to data in the Registry, computer software (application) shall be used which enables internet access to the Registry using a username and password assigned by the Agency. (2) Access to data in the Registry may be restricted in accordance with requirements imposed by interests of general State security and defence, or the protection of personal information and information classified as business secrets, as specified by special regulations. Article 14 (1) The Agency shall prepare a Report on the Registry data by 15 December of the current year for the previous calendar year. (2) The Report referred to in paragraph 1 of this Article must be accessible to the public at the internet site of the Agency. (3) The Agency shall deliver data for the European Registry to the European Commission in accordance with special regulations. III REGISTER OF REPORTED MAJOR ACCIDENTS Content and method of maintaining the Register Article 15 (1) The Register of reported major accidents (hereinafter referred to as: the Register) is the central source of information in the Republic of Croatia on major accidents which occurred during the performance of activities in the installations in which dangerous substances are present within the meaning of the Regulation. (2) The Register contains: 1. on the front page: – the coat of arms of the Republic of Croatia, the words "The Republic of Croatia" and the name of the body maintaining the Register below the coat of arms, – the full title of the Register in the middle of the page; 2. on the first page: – the list of parties obliged to submit data which includes the sequential number of the entry which equals the sequential number of the page of entry for information concerning a major accident in the installation in the Register, the company, headquarters and registration number of the party obliged to submit data and the numeric code of the activity in accordance with the National Classification of Activities subgroup (of the party obliged to submit data) and the number of installation sites of the party obliged to submit data; 3. on each following page: – data in accordance with the form for reporting major accidents in installations prescribed in Annex II to this Ordinance. Article 16 (1) Data on major accidents shall be entered in the Register on the basis of the Report on a major accident in the installation (hereinafter referred to as: the Report) which the party obliged to submit data must deliver to the Agency in accordance with the Act. Data shall be entered in the Register chronologically in the order of receipt of the Reports from the parties obliged to submit data. (2) The Register shall be maintained on the basis of: – Electronic reports containing the advanced electronic signature, in accordance with the prescribed Report form, – Reports delivered in writing on paper using the prescribed form and accompanied by an electronic printout of the Report. (3) The Electronic report and the Report referred to in paragraph 2 of this Article shall be delivered to the Register and stored in the following manner: 1. Reports delivered in writing on paper shall be stored in files for individual installations, in accordance with the regulations governing office management; 2. Electronic reports and electronic printouts of the Reports shall be stored in accordance with a special regulation governing the storage of electronic documents and electronic documents with contents of limited use when the electronic document contains information classified as confidential and subject to special procedures pursuant to acts and other regulations governing handling of confidential information;. (3) Data delivered to the Register shall be stored permanently. Article 17 (1) Data shall be entered into the Register by inputting data contained in the Electronic report or the electronic printout of the Report on a separate enumerated page of the Register for each company and its installation, chronologically in the order of receipt of the Reports, and data for each installation site shall be kept separately. (2) The Register shall be maintained using computer software (application) which allows for network input, processing and display of data stored in the Register. (3) The information system must ensure that backup copies of the Register are created. 2. Submission of data to the Register and deadlines for submission Article 18 (1) The party obliged to submit data shall submit the Report using the prescribed form and in accordance with the provisions of this Ordinance within 30 days from the occurrence of a major accident in the installation. (2) The Agency shall publish the Report form on its internet site so as to enable its use to the parties obliged to submit data. Article 19 (1) The computer software used to maintain the Register shall enable internet access to the Register using a username and password assigned by the Agency to persons directly connected to the use of Register data by virtue of their activities, authorisations and services. (2) Access to data in the Registry may be restricted in accordance with requirements imposed by interests of general State security and defence, or the protection of personal information and information classified as business secrets, as specified by special regulations. Article 20 Annexes I and II form a constituent part of this Ordinance. Article 13 This Ordinance shall enter into force on the eighth day after the day of its publication in the Official Gazette. Class: 351-01/08-04/59 Reg. No: 531-08-01-08-2 Zagreb, 26 September 2008 Minister Marina Matulović Dropulić, m.p. ANNEX I FORM FOR THE CONTENT OF INDIVIDUAL PAGES OF THE REGISTRY OF INSTALLATIONS IN WHICH DANGEROUS SUBSTANCES ARE PRESENT 1. SEQUENTIAL NUMBER OF THE PAGE OF ENTRY OF THE PARTY OBLIGED TO SUBMIT DATA 2. GENERAL DATA ON THE PARTY OBLIGED TO SUBMIT DATA 2.1 Company: 2.2 Registration number: 2.3 Headquarters: city and address: 2.4 Postal code: 2.5 Activity code / subgroup: 2.6 Activity description: 2.7 Company operator submitting data for the Registry: 3. SEQUENTIAL NUMBER OF THE PAGE OF ENTRY / DATA ON THE INSTALLATION SITE (If installations have multiple sites, data shall be kept separately for each site) 3.1 Name of the installation at the site: 3.2 Installation address: 3.3 Postal code: 3.4 Gauss-Krüger coordinates of the main entrance to the installation site: x y 3.4 Gauss-Krüger coordinates of the centroid of the installation : x y 3.6 Person responsible for organising action in the event of major accidents (unexpected events): 3.7 Telephone: ( ) 3.8 Fax: ( ) 3.9 Email: 3.10 Brief description of the surroundings of the installation (roads, locations of residential and office buildings in the vicinity): 4. DATA ON DANGEROUS SUBSTANCES PRESENT IN THE INSTALLATION (This section shall be duplicated as necessary) 4.1 Types (names) of dangerous substances in the installation (in accordance with Annex I to the Regulation) 4.2 Maximum quantity of individual dangerous substance in the installation (tonnes) 4.3 Method of storage of dangerous substances in the installation (check box) □ underground container □ overground container □ process equipment □ pipeline □ other Description: □ underground container □ overground container □ process equipment □ pipeline □ other Description: □ underground container □ overground container □ process equipment □ pipeline □ other Description: □ underground container □ overground container □ process equipment □ pipeline □ other Description: 4.4 Is the container holding the dangerous substances under constant supervision? □ yes □ no □ yes □ no □ yes □ no □ yes □ no 4.5 Hazard type (check one or more) □ fire □ explosion □ toxic gas cloud □ emission of dangerous substances □ fire □ explosion □ toxic gas cloud □ emission of dangerous substances □ fire □ explosion □ toxic gas cloud □ emission of dangerous substances □ fire □ explosion □ toxic gas cloud □ emission of dangerous substances 4.6 Is there a risk of domino effects in the event of a major accident (unexpected event)? □ yes □ no □ yes □ no □ yes □ no □ yes □ no 4.7 Location of the dangerous substance in the installation: 4.8 Size of the end point exposure area – accident impact area (meters) 4.9 Does the end point impact extend outside the installation area? □ yes □ no □ yes □ no □ yes □ no □ yes □ no 4.10. Estimate of likelihood of unexpected events: 4.11. Estimate of casualties: 5. CONFIDENTIALITY OF DATA CONCERNING THE INSTALLATION 5.1 List of confidential data contained in this form 5.2 List of attached documents providing proof of confidentiality 6. SUBSEQUENT ENTRIES – add pages as necessary 6.1 Data on acts issued by the Ministry after the initial notification on the presence of dangerous substances in the installation: ANNEX II FORM FOR REPORTING MAJOR ACCIDENTS IN INSTALLATIONS 1. GENERAL DATA ON THE PARTY OBLIGED TO SUBMIT DATA Company of the party obliged to submit data: Headquarters: Telephone: Registration number: Company operator: 2. DATA ON THE INSTALLATION SITE Address of the installation at the site: Person responsible for organising action in the event of major accidents: Telephone, fax, e-mail: Gauss-Krüger coordinates of the main entrance to the installation site: x y Gauss-Krüger coordinates of the centroid of the installation: x y 3. OCCURRENCE OF A MAJOR ACCIDENT Date and place of occurrence of the major accident: Date and time of delivery of the notification to the competent body: Person submitting the notification: Person receiving the notification in the competent body: Occurrence of the major accident: Description: Duration of the major accident: 4. TYPE OF MAJOR ACCIDENT 1. Emission into the environment Air: Water: (in km for rivers or channels, in ha for lakes, estuaries, sea coast or open sea) Pollution of ground waters (ha): Soil (ha): 2. Fire: 3. Explosion: 4. Transport: 5. Other: Description: 5. DANGEROUS SUBSTANCE CAUSING THE MAJOR ACCIDENT Substance type (name): Very toxic: Toxic: Oxidizing: Explosive: Flammable: Highly flammable: Highly flammable liquid: Extremely flammable: Dangerous for the environment: Other: Description: 6. SOURCE OF THE MAJOR ACCIDENT Production processes: Storage: Process equipment: Transmission (pipelines, etc.): Transport: Other: Description: 7. POTENTIAL CAUSE OF THE MAJOR ACCIDENT Equipment and/or devices: Human error: Environment (natural phenomena/disaster): Other: Description: 8. DIRECT CONSEQUENCES OF THE MAJOR ACCIDENT Casualties: Number of casualties: Injuries at the installation site Number of injured parties: Injuries outside the installation site Number of injured parties: Environmental damage (description): Damage and/or loss of cultural/natural heritage (description): Assessment of environmental damage (HRK, EUR): Interrupted supply of water, power or gas to the population, interrupted telephone lines (number of persons/hour): Domino effect occurred: YES NO Description: Accident impact area (m) Major accident impact extending outside the installation perimeter: YES NO Description: Transboundary effect (affected state): YES NO Description: 9. EMERGENCY MEASURES UNDERTAKEN TO PREVENT HARMFUL CONSEQUENCES Installation forces/team of operators: Contracted forces from another company: Use of shelter: Installation evacuation (number of persons/hour): Evacuation of population in the vicinity (number of persons/hour): Decontamination: YES NO Emergency restoration measures: YES NO Description: Other: 10. NEW MEASURES RECOMMENDED ON THE BASIS OF LESSONS LEARNED FROM THE MAJOR ACCIDENT Preventive measures necessary to prevent a recurrence Description: Planned measures to mitigate mid-term effects of the major accident Description: Planned measures to mitigate long-term effects of the major accident Description: Other Description: 11. SHUTDOWN OF THE INSTALLATION Permanent shutdown Description: Temporary shutdown Description: INSTRUCTIONS FOR FILLING OUT THE FORM The form is filled out by providing the required data (company, headquarters, etc.) in the corresponding blanks. Where YES or NO answers are given, the relevant answer must be marked. Where "Description" is required, a brief description of the event, procedure or requested measures must be provided. 1. General data on the company The name, headquarters, telephone number, registration number and the operator of the company must be provided. 2. Data on the installation site The name, headquarters and telephone number of the site at which the major accident occurred and the name, telephone number, fax and e-mail (if applicable) of the person responsible for organising action in the event of major accidents must be provided. Gauss-Krüger coordinates must also be provided, taking care not to switch the x and y coordinates. 3. Occurrence of a major accident The following must be provided: the date and place of occurrence of the major accident and the date and time of submission of the notification to the competent body; the person submitting the notification and the person receiving the notification; a description of the occurrence of the major accident and its duration. 4. Type of major accident The following must be provided: where a dangerous substance was emitted into the environment, the medium into which it was emitted: air, water or soil (in ha for the soil); for water pollution, the spread of the pollution (in km for rivers or channels, in ha for lakes, estuaries, sea coast or open sea); pollution of ground waters (in ha); whether a fire or explosion occurred; whether the major accident occurred during transport of dangerous substances, or other. A brief description of the major accident must be provided. 5. Dangerous substance causing the major accident For dangerous substances from part 1 of Annex I to the Regulation, the name (common name) of the dangerous substance and its category (toxic, flammable, etc.) must be provided. For dangerous substances from part 2 of Annex I to the Regulation, the category of the dangerous substance (toxic, flammable, etc.) must be provided. 6. Source of the major accident The source point of the major accident (production processes, storage, process equipment, transmission, transport) or other, including a brief description, must be provided. 7. Potential cause of the major accident The cause of the occurrence of the major accident (equipment and/or devices, human error, environment, other), including a brief description, must be provided. 8. Direct consequences of the major accident The following must be indicated: whether any casualties occurred, providing the number of casualties; whether injuries occurred within or outside the installation site; whether environmental damage occurred, etc. 9. Emergency measures undertaken to prevent harmful consequences The following must be indicated: whether actions were undertaken by forces/team of operators of the installation or contracted forces from another company; whether the use of shelter was required; whether evacuation (of the installation of the population in the vicinity) was required, the number of persons evacuated and the duration of the evacuation; whether decontamination or recovery was undertaken, including a brief description, and other. 10. New measures recommended on the basis of lessons learned in the major accident The following must be provided: A description of the measures which the operator plans to undertake to prevent a recurrence of such major accident. A description of the measures which the operator plans to undertake to mitigate mid-term and long-term consequences (effects) of the major accident. A description of any other measures and procedures which the operator plans to undertake. 11. Shutdown of the installation A description of the temporary or permanent shutdown of the installation.