The Control of Major Accident Hazards (Amendment) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations amend the Control of Major Accident Hazards Regulations 1999/743 (“COMAH”), so as to give effect to Directive 2003/105/EC of the European Parliament and of the Council (OJ No L345, 31.12.2003, p.97), amending Council Directive 96/82/EC (OJ No L10, 14.1.1997, p.13) on the control of major-accident hazards involving dangerous substances (to which COMAH gives effect in Great Britain), and to give belated effect to the latter Directive in one respect.

2.  In addition to minor and drafting changes, these Regulations—

(a) provide for the sending of notifications by electronic means (regulation3(b));

(b) modify the exclusions relating to mines, quarries, boreholes and waste land-fill sites (regulation 4);

(c) introduce a time limit for the preparation of a major accident prevention policy and modify time limits for notification, the submission of a safety report and the preparation of the on-site emergency plan (regulations 5 to 7 and 9);

(d) require the notification of certain modifications to the establishment (regulation 6);

(e) require notification when a safety report is revised or when a review of a report does not lead to revision (regulation 8);

(f) modify the requirement to consult persons working in the establishment on the preparation of the plan (regulation 10);

(g) include the Environment Agency and the Scottish Environment Protection Agency among the consultees on the preparation of the off-site emergency plan (regulation 11);

(h) require the local authority to consult the public when the off-site emergency plan is reviewed (regulation 12);

(i) require that schools, hospitals and other such establishments are supplied with safety information (regulation 13);

(j) amend the quantities and classification of dangerous substances to which COMAH apply (regulation 14 and Schedule 1);

(k) require specific training in planning for emergencies for all persons working in the establishment (regulation 15);

(l) require that a notification in respect of the quantity and physical form of petroleum products includes information for each class of petroleum product (regulation 16);

(m) require the use of maps, images or equivalent descriptions to support the assessment of the extent and severity of the consequences of identified major accidents, and require the safety report to include the names of organisations involved in drawing up the report (regulation 17);

(n) provide for the competent authority to include, in the register of information which it maintains, any notification it receives following a review of the safety report which does not lead to its revision (regulation 18); and

(o) require the operator to provide an amended safety report for such register if information is excluded from the register (regulation 19).

3.  A full regulatory impact assessment of the effect that this instrument will have on the costs of business is available from the Health and Safety Executive, Safety Economics Unit, Rose Court, 2 Southwark Bridge, London SE1 9HS. A Transposition Note in relation to implementation of Directive 2003/105/EC can be obtained from the Health and Safety Executive, International Branch at the same address. Copies of both these documents have been placed in the Library of each House of Parliament.