Notification Detail

Ordinance on facilities for handling substances that are hazardous to water [German designation: AwSV]

Notification Number: 2015/394/D (Germany)
Date received: 20/07/2015
End of Standstill: 21/10/2015

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Message 002

Communication from the Commission - TRIS/(2015) 02250
Directive 98/34/EC
Translation of the message 001
Notification: 2015/0394/D

No abre el plazo - Nezahajuje odklady - Fristerne indledes ikke - Kein Fristbeginn - Viivituste perioodi ei avata - Καμμία έναρξη προθεσμίας - Does not open the delays - N'ouvre pas de délais - Non fa decorrere la mora - Neietekmē atlikšanu - Atidėjimai nepradedami - Nem nyitja meg a késéseket - Ma’ jiftaħx il-perijodi ta’ dawmien - Geen termijnbegin - Nie otwiera opóźnień - Nao inicia o prazo - Neotvorí oneskorenia - Ne uvaja zamud - Määräaika ei ala tästä - Inleder ingen frist - Не се предвижда период на прекъсване - Nu deschide perioadele de stagnare - Nu deschide perioadele de stagnare.

(MSG: 201502250.EN)

1. Structured Information Line
MSG 002 IND 2015 0394 D EN 20-07-2015 D NOTIF



2. Member State
D


3. Department Responsible
Bundesministerium für Wirtschaft und Energie, Referat EB2, 11019 Berlin
Tel.: 0049-30-2014-6353, Fax: 0049-30-2014-5379, e-mail: infonorm@bmwi.bund.de


3. Originating Department
Bundesministerium für Umwelt, Naturschutz, Bau und Reaktorsicherheit, Referat WR I 3, 53048 Bonn
Tel. 0049-22899-3052541 oder -3054673, e-mail: WRI3@bmub.bund.de


4. Notification Number
2015/0394/D - S70E


5. Title
Ordinance on facilities for handling substances that are hazardous to water [German designation: AwSV]


6. Products Concerned
Classification of substances and mixtures
Facilities designed to store, draw off, handle, manufacture, treat and use substances that are hazardous to water and pipelines
Inspection of facilities by experts
Construction, cleaning, repair and decommissioning of facilities by specialist firms
Recognition of expert organisations and quality control and monitoring bodies
Certification of specialist firms


7. Notification Under Another Act
- Directive 2006/123/EC on services in the internal market
- Requirements with regard to participation in a company
- Requirements which reserve access to certain service providers
- Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications


8. Main Content
- The ordinance requires the operator of a facility for handling substances that are hazardous to water to classify these substances according to their dangerous nature. To this end, risk phrases or hazard warnings are deduced from scientific test results obtained pursuant to Regulation (EC) No 440/2008, on which basis the evaluation and water hazard classification is carried out.
- On the basis of the water hazard class and the volume of the facility, the technical and organisational requirements are deduced in relation to the approval, construction and operation of facilities designed to store, draw off, handle, manufacture, treat and use substances that are hazardous to water as well as in relation to pipelines. This particularly involves restraint systems, leakage indicators and other warning systems, overfill safety devices and other safety fittings.
- The operator is obligated to have certain facilities with increased risk potential constructed, maintained and decommissioned by certified specialist firms and to have regular inspections carried out by experts.
- Experts must belong to an organisation which has approval in relation to the inspection of facilities and the certification of the specialist firms. Certification of the specialist firms can also be undertaken by quality control and monitoring bodies. Both organisational forms may also operate if they hold equivalent recognition in another Member State.
- Compared with the version notified in July 2013 (No 2013/0423/D), the ordinance was supplemented in particular by provisions relating to installations that are used for storing and drawing off sewage, liquid manure and water that has seeped through silage.


9. Brief Statement of Grounds
The requirements are necessary for the safe operation of a facility, the protection of the environment and, hence, for the prevention of soil and water pollution.
The ordinance stipulates that all facilities must be watertight during their entire period of operation. In the event that a leak occurs nevertheless, it must be ensured that the substances that are hazardous to water do not find their way into the environment (2-barrier principle). In order to achieve this objective, certain safety standards must be observed and certain operator duties fulfilled. These operator duties also include recurring inspections carried out by appointed experts on a regular basis and the maintenance of the facilities by specialist firms. A neutral assessment of the safety of the facility and, thereby, the prevention of damage to the environment can only be guaranteed by external expertise.
The provisions concerning the classification of substances are not discriminatory since they are undertaken by the operator and shall therefore apply to all substances irrespective of where they are placed on the market. The technical and organisational requirements are the same for all similar operations, meaning that they cannot result in discrimination against certain facilities. The requirements are also appropriate since they are not any stricter than is necessary and the responsible local authorities can also allow deviations in a given case. They correspond to those which were previously contained in 16 Federal State ordinances and which are now to be superseded by a Federal ordinance.


10. Reference Documents - Basic Texts
Reference(s) to basic text(s): Act on the managing of water resources (Water Resources Act - [German designation: WHG])
http://www.gesetze-im-internet.de/whg_2009/index.html
Federal Mining Act [German designation: BBergG] http://www.gesetze-im-internet.de/bundesrecht/bbergg/gesamt.pdf
Act on administrative procedures [German designation: VwVfG] http://www.gesetze-im-internet.de/bundesrecht/vwvfg/gesamt.pdf
General administrative provision amending the administrative provision concerning substances which are hazardous to water http://www.umweltbundesamt.de/wgs/archiv/vwvws.pdf
General administrative provision to the Water Resources Act concerning the hazard classification of substances which are hazardous to water http://www.umweltbundesamt.de/wgs/archiv/vwvws99.pdf
Model administrative instruction concerning substances which are hazardous to water from the Working Group of the Federal States on water issues dated 8/9 November 1990, including the update of 22/23 March 2001 - notified under No 91/0022/D
http://www.lawa.de/documents/Muster-VAwS_2001_483.pdf
The basic texts were forwarded with an earlier notification: 1991/0022/D: 2013/0423/D


11. Invocation of the Emergency Procedure
No


12. Grounds for the Emergency



13. Confidentiality
No


14. Fiscal measures
No


15. Impact assessment
Information on the impact assessment can be found in the "Grounds" section of the ordinance (cf. in particular Point VII - Costs and financial implications of the draft ordinance and Point VIII - Bureaucratic costs)


16. TBT and SPS aspects
TBT aspect

No - the draft has no significant impact on international trade.

SPS aspect

No - the draft is neither a sanitary nor phytosanitary measure.




**********
European Commission

Contact point Directive 98/34
Fax: +32 229 98043
email: dir83-189-central@ec.europa.eu

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