(This note is not part of the Regulations)
These Regulations contribute towards the implementation, in relation to Wales, of Article 30 of Directive 2012/18/EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances (OJ No L 197, 24.7.2012, pp.1-37) (the “Seveso III Directive”).
Article 30 of the Seveso III Directive deals with uncertainty in relation to the classification of heavy fuel oils, by adding heavy fuel oils to the table in Part 2 of Annex 1 to Council Directive 96/82 (OJ No L 10, 14.1.1997, p.13) as amended by Directive 2003/105 of the European Parliament and of the Council (OJ No L 345, 31.12.2003, p.97) (the “Seveso II Directive”) under the heading Petroleum Products with qualifying quantities of 2,500 tonnes for column 2 and 25,000 tonnes for column 3.
The Planning (Hazardous Substances) Regulations 1992 (the “1992 Regulations”) implement the Seveso II Directive in relation to land use planning.
Regulation 2 of these Regulations amends the 1992 Regulations by adding heavy fuel oils to the list of named substances in Part A of Schedule 1 to the 1992 Regulations. The effect of this is that an establishment where heavy fuel oils are present in a quantity equal to, or exceeding the controlled quantity (2,500 tonnes) becomes subject to the 1992 Regulations.
Regulation 3 makes transitional provision to ensure that existing hazardous substances consents and other specified matters are not affected by the amendment.
The remainder of Article 30 of the Seveso III Directive is implemented in relation to Wales by the Heavy Fuel Oil (Amendment) (Regulations) 2014 (S.I. 2014/162) which amends the Control of Major Accident Hazards Regulations 1999 (S.I. 1999/743) (the “1999 Regulations”) by adding heavy fuel oils to the list of named substances in Part 2 of Schedule 1 to the 1999 Regulations.
An impact assessment has been prepared in relation to these Regulations. Copies are available from the Welsh Government at Cathays Park, Cardiff, CF10 3NQ and on the Welsh Government’s website at www.wales.gov.uk