Q: Quesito 002 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera e) D.Lgs. 105/15 [Art. 2(2)(e) Dir. 2012/18/UE] relativo all’esclusione dello sfruttamento, vale a dire l'esplorazione, l'estrazione e la preparazione di minerali in miniere e cave, anche mediante trivellazione, l'esclusione si applica se le sostanze pericolose sono usate nell’ambito delle operazioni di perforazione o l’uso di un certo quantitativo di "sostanze pericolose utilizzate nelle operazioni di trattamento chimico e stoccaggio" farebbe cessare l’esclusione?

Question : Would the exemption apply if dangerous substances are used in the framework of the drilling operations or would such use amount to “chemical processing operations and storage related to those operations which involve dangerous substances”, to which the exemption does not apply? Answer : A chemical process is a method intended to change the composition of chemical(s) or material(s). Thus the drilling activity itself, even where use is made of chemicals, such as methanol and propane, cannot be considered a “chemical processing activity”, as far as its aim is not to alter the composition of the materials to be extracted. The act of extraction would therefore normally be exempted from Seveso even where chemical substances are used. Chemical processes are normally understood in relation to mining as being activities aimed at separating the valuable minerals or metals from the waste material which surrounds them. This takes place after extraction. Where these processing operations involve dangerous substances they are covered under Seveso and the storage of dangerous substances related to these processing operations should is also be covered. However, Where, prior to the drilling, chemical processing activities take place which are aimed at somehow changing one or more chemicals or chemical compounds (in view of their use in drilling operations for instance), such operations, and the related storage of chemical substances also falls under Seveso.

Q: Quesito 002 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera e) D.Lgs. 105/15 [Art. 2(2)(e) Dir. 2012/18/UE] relativo all’esclusione dello sfruttamento, vale a dire l'esplorazione, l'estrazione e la preparazione di minerali in miniere e cave, anche mediante trivellazione, l'esclusione si applica se le sostanze pericolose sono usate nell’ambito delle operazioni di perforazione o l’uso di un certo quantitativo di "sostanze pericolose utilizzate nelle operazioni di trattamento chimico e stoccaggio" farebbe cessare l’esclusione?

Question : Would the exemption apply if dangerous substances are used in the framework of the drilling operations or would such use amount to “chemical processing operations and storage related to those operations which involve dangerous substances”, to which the exemption does not apply? Answer : A chemical process is a method intended to change the composition of chemical(s) or material(s). Thus the drilling activity itself, even where use is made of chemicals, such as methanol and propane, cannot be considered a “chemical processing activity”, as far as its aim is not to alter the composition of the materials to be extracted. The act of extraction would therefore normally be exempted from Seveso even where chemical substances are used. Chemical processes are normally understood in relation to mining as being activities aimed at separating the valuable minerals or metals from the waste material which surrounds them. This takes place after extraction. Where these processing operations involve dangerous substances they are covered under Seveso and the storage of dangerous substances related to these processing operations should is also be covered. However, Where, prior to the drilling, chemical processing activities take place which are aimed at somehow changing one or more chemicals or chemical compounds (in view of their use in drilling operations for instance), such operations, and the related storage of chemical substances also falls under Seveso.

Q: Quesito 002 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera e) D.Lgs. 105/15 [Art. 2(2)(e) Dir. 2012/18/UE] relativo all’esclusione dello sfruttamento, vale a dire l'esplorazione, l'estrazione e la preparazione di minerali in miniere e cave, anche mediante trivellazione, l'esclusione si applica se le sostanze pericolose sono usate nell’ambito delle operazioni di perforazione o l’uso di un certo quantitativo di "sostanze pericolose utilizzate nelle operazioni di trattamento chimico e stoccaggio" farebbe cessare l’esclusione?

Question : Would the exemption apply if dangerous substances are used in the framework of the drilling operations or would such use amount to “chemical processing operations and storage related to those operations which involve dangerous substances”, to which the exemption does not apply? Answer : A chemical process is a method intended to change the composition of chemical(s) or material(s). Thus the drilling activity itself, even where use is made of chemicals, such as methanol and propane, cannot be considered a “chemical processing activity”, as far as its aim is not to alter the composition of the materials to be extracted. The act of extraction would therefore normally be exempted from Seveso even where chemical substances are used. Chemical processes are normally understood in relation to mining as being activities aimed at separating the valuable minerals or metals from the waste material which surrounds them. This takes place after extraction. Where these processing operations involve dangerous substances they are covered under Seveso and the storage of dangerous substances related to these processing operations should is also be covered. However, Where, prior to the drilling, chemical processing activities take place which are aimed at somehow changing one or more chemicals or chemical compounds (in view of their use in drilling operations for instance), such operations, and the related storage of chemical substances also falls under Seveso.

Q: Quesito 002 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera e) D.Lgs. 105/15 [Art. 2(2)(e) Dir. 2012/18/UE] relativo all’esclusione dello sfruttamento, vale a dire l'esplorazione, l'estrazione e la preparazione di minerali in miniere e cave, anche mediante trivellazione, l'esclusione si applica se le sostanze pericolose sono usate nell’ambito delle operazioni di perforazione o l’uso di un certo quantitativo di "sostanze pericolose utilizzate nelle operazioni di trattamento chimico e stoccaggio" farebbe cessare l’esclusione?

Question : Would the exemption apply if dangerous substances are used in the framework of the drilling operations or would such use amount to “chemical processing operations and storage related to those operations which involve dangerous substances”, to which the exemption does not apply? Answer : A chemical process is a method intended to change the composition of chemical(s) or material(s). Thus the drilling activity itself, even where use is made of chemicals, such as methanol and propane, cannot be considered a “chemical processing activity”, as far as its aim is not to alter the composition of the materials to be extracted. The act of extraction would therefore normally be exempted from Seveso even where chemical substances are used. Chemical processes are normally understood in relation to mining as being activities aimed at separating the valuable minerals or metals from the waste material which surrounds them. This takes place after extraction. Where these processing operations involve dangerous substances they are covered under Seveso and the storage of dangerous substances related to these processing operations should is also be covered. However, Where, prior to the drilling, chemical processing activities take place which are aimed at somehow changing one or more chemicals or chemical compounds (in view of their use in drilling operations for instance), such operations, and the related storage of chemical substances also falls under Seveso.

Q: Quesito 002 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera e) D.Lgs. 105/15 [Art. 2(2)(e) Dir. 2012/18/UE] relativo all’esclusione dello sfruttamento, vale a dire l'esplorazione, l'estrazione e la preparazione di minerali in miniere e cave, anche mediante trivellazione, l'esclusione si applica se le sostanze pericolose sono usate nell’ambito delle operazioni di perforazione o l’uso di un certo quantitativo di "sostanze pericolose utilizzate nelle operazioni di trattamento chimico e stoccaggio" farebbe cessare l’esclusione?

Question : Would the exemption apply if dangerous substances are used in the framework of the drilling operations or would such use amount to “chemical processing operations and storage related to those operations which involve dangerous substances”, to which the exemption does not apply? Answer : A chemical process is a method intended to change the composition of chemical(s) or material(s). Thus the drilling activity itself, even where use is made of chemicals, such as methanol and propane, cannot be considered a “chemical processing activity”, as far as its aim is not to alter the composition of the materials to be extracted. The act of extraction would therefore normally be exempted from Seveso even where chemical substances are used. Chemical processes are normally understood in relation to mining as being activities aimed at separating the valuable minerals or metals from the waste material which surrounds them. This takes place after extraction. Where these processing operations involve dangerous substances they are covered under Seveso and the storage of dangerous substances related to these processing operations should is also be covered. However, Where, prior to the drilling, chemical processing activities take place which are aimed at somehow changing one or more chemicals or chemical compounds (in view of their use in drilling operations for instance), such operations, and the related storage of chemical substances also falls under Seveso.

Q: Quesito 002 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera e) D.Lgs. 105/15 [Art. 2(2)(e) Dir. 2012/18/UE] relativo all’esclusione dello sfruttamento, vale a dire l'esplorazione, l'estrazione e la preparazione di minerali in miniere e cave, anche mediante trivellazione, l'esclusione si applica se le sostanze pericolose sono usate nell’ambito delle operazioni di perforazione o l’uso di un certo quantitativo di "sostanze pericolose utilizzate nelle operazioni di trattamento chimico e stoccaggio" farebbe cessare l’esclusione?

Question : Would the exemption apply if dangerous substances are used in the framework of the drilling operations or would such use amount to “chemical processing operations and storage related to those operations which involve dangerous substances”, to which the exemption does not apply? Answer : A chemical process is a method intended to change the composition of chemical(s) or material(s). Thus the drilling activity itself, even where use is made of chemicals, such as methanol and propane, cannot be considered a “chemical processing activity”, as far as its aim is not to alter the composition of the materials to be extracted. The act of extraction would therefore normally be exempted from Seveso even where chemical substances are used. Chemical processes are normally understood in relation to mining as being activities aimed at separating the valuable minerals or metals from the waste material which surrounds them. This takes place after extraction. Where these processing operations involve dangerous substances they are covered under Seveso and the storage of dangerous substances related to these processing operations should is also be covered. However, Where, prior to the drilling, chemical processing activities take place which are aimed at somehow changing one or more chemicals or chemical compounds (in view of their use in drilling operations for instance), such operations, and the related storage of chemical substances also falls under Seveso.

Q: Quesito 002 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera e) D.Lgs. 105/15 [Art. 2(2)(e) Dir. 2012/18/UE] relativo all’esclusione dello sfruttamento, vale a dire l'esplorazione, l'estrazione e la preparazione di minerali in miniere e cave, anche mediante trivellazione, l'esclusione si applica se le sostanze pericolose sono usate nell’ambito delle operazioni di perforazione o l’uso di un certo quantitativo di "sostanze pericolose utilizzate nelle operazioni di trattamento chimico e stoccaggio" farebbe cessare l’esclusione?

Question : Would the exemption apply if dangerous substances are used in the framework of the drilling operations or would such use amount to “chemical processing operations and storage related to those operations which involve dangerous substances”, to which the exemption does not apply? Answer : A chemical process is a method intended to change the composition of chemical(s) or material(s). Thus the drilling activity itself, even where use is made of chemicals, such as methanol and propane, cannot be considered a “chemical processing activity”, as far as its aim is not to alter the composition of the materials to be extracted. The act of extraction would therefore normally be exempted from Seveso even where chemical substances are used. Chemical processes are normally understood in relation to mining as being activities aimed at separating the valuable minerals or metals from the waste material which surrounds them. This takes place after extraction. Where these processing operations involve dangerous substances they are covered under Seveso and the storage of dangerous substances related to these processing operations should is also be covered. However, Where, prior to the drilling, chemical processing activities take place which are aimed at somehow changing one or more chemicals or chemical compounds (in view of their use in drilling operations for instance), such operations, and the related storage of chemical substances also falls under Seveso.

Q: Quesito 002 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera e) D.Lgs. 105/15 [Art. 2(2)(e) Dir. 2012/18/UE] relativo all’esclusione dello sfruttamento, vale a dire l'esplorazione, l'estrazione e la preparazione di minerali in miniere e cave, anche mediante trivellazione, l'esclusione si applica se le sostanze pericolose sono usate nell’ambito delle operazioni di perforazione o l’uso di un certo quantitativo di "sostanze pericolose utilizzate nelle operazioni di trattamento chimico e stoccaggio" farebbe cessare l’esclusione?

Question : Would the exemption apply if dangerous substances are used in the framework of the drilling operations or would such use amount to “chemical processing operations and storage related to those operations which involve dangerous substances”, to which the exemption does not apply? Answer : A chemical process is a method intended to change the composition of chemical(s) or material(s). Thus the drilling activity itself, even where use is made of chemicals, such as methanol and propane, cannot be considered a “chemical processing activity”, as far as its aim is not to alter the composition of the materials to be extracted. The act of extraction would therefore normally be exempted from Seveso even where chemical substances are used. Chemical processes are normally understood in relation to mining as being activities aimed at separating the valuable minerals or metals from the waste material which surrounds them. This takes place after extraction. Where these processing operations involve dangerous substances they are covered under Seveso and the storage of dangerous substances related to these processing operations should is also be covered. However, Where, prior to the drilling, chemical processing activities take place which are aimed at somehow changing one or more chemicals or chemical compounds (in view of their use in drilling operations for instance), such operations, and the related storage of chemical substances also falls under Seveso.

Q: Quesito 002 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera e) D.Lgs. 105/15 [Art. 2(2)(e) Dir. 2012/18/UE] relativo all’esclusione dello sfruttamento, vale a dire l'esplorazione, l'estrazione e la preparazione di minerali in miniere e cave, anche mediante trivellazione, l'esclusione si applica se le sostanze pericolose sono usate nell’ambito delle operazioni di perforazione o l’uso di un certo quantitativo di "sostanze pericolose utilizzate nelle operazioni di trattamento chimico e stoccaggio" farebbe cessare l’esclusione?

Question : Would the exemption apply if dangerous substances are used in the framework of the drilling operations or would such use amount to “chemical processing operations and storage related to those operations which involve dangerous substances”, to which the exemption does not apply? Answer : A chemical process is a method intended to change the composition of chemical(s) or material(s). Thus the drilling activity itself, even where use is made of chemicals, such as methanol and propane, cannot be considered a “chemical processing activity”, as far as its aim is not to alter the composition of the materials to be extracted. The act of extraction would therefore normally be exempted from Seveso even where chemical substances are used. Chemical processes are normally understood in relation to mining as being activities aimed at separating the valuable minerals or metals from the waste material which surrounds them. This takes place after extraction. Where these processing operations involve dangerous substances they are covered under Seveso and the storage of dangerous substances related to these processing operations should is also be covered. However, Where, prior to the drilling, chemical processing activities take place which are aimed at somehow changing one or more chemicals or chemical compounds (in view of their use in drilling operations for instance), such operations, and the related storage of chemical substances also falls under Seveso.

Q: Quesito 002 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera e) D.Lgs. 105/15 [Art. 2(2)(e) Dir. 2012/18/UE] relativo all’esclusione dello sfruttamento, vale a dire l'esplorazione, l'estrazione e la preparazione di minerali in miniere e cave, anche mediante trivellazione, l'esclusione si applica se le sostanze pericolose sono usate nell’ambito delle operazioni di perforazione o l’uso di un certo quantitativo di "sostanze pericolose utilizzate nelle operazioni di trattamento chimico e stoccaggio" farebbe cessare l’esclusione?

Question : Would the exemption apply if dangerous substances are used in the framework of the drilling operations or would such use amount to “chemical processing operations and storage related to those operations which involve dangerous substances”, to which the exemption does not apply? Answer : A chemical process is a method intended to change the composition of chemical(s) or material(s). Thus the drilling activity itself, even where use is made of chemicals, such as methanol and propane, cannot be considered a “chemical processing activity”, as far as its aim is not to alter the composition of the materials to be extracted. The act of extraction would therefore normally be exempted from Seveso even where chemical substances are used. Chemical processes are normally understood in relation to mining as being activities aimed at separating the valuable minerals or metals from the waste material which surrounds them. This takes place after extraction. Where these processing operations involve dangerous substances they are covered under Seveso and the storage of dangerous substances related to these processing operations should is also be covered. However, Where, prior to the drilling, chemical processing activities take place which are aimed at somehow changing one or more chemicals or chemical compounds (in view of their use in drilling operations for instance), such operations, and the related storage of chemical substances also falls under Seveso.

Question 1

Quesito 001 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera a) D.Lgs. 105/15 [Art. 2(2)(a) Dir. 2012/18/UE] relativo all’ esclusione degli stabilimenti, impianti o depositi militari, l’esclusione si applica a stabilimenti in cui siano presenti sostanze pericolose e che:  (1) Non sono di proprietà o controllati dalle forze militari, ma conducono attività militari o servizi? (2) Non sono di proprietà o controllati dalle forze militari, ma forniscono beni militari o servizi alle forze armate? (3) Non sono di proprietà o controllati dalle forze militari e forniscono beni non-militari o servizi alle forze armate?  (4) Sono di proprietà o controllati dalle forze militari, ma conducono attività non-militari?

Lucia Rocca · Accepted Answer

Question: Does the exclusion cover establishments where dangerous substances are present and which are:
(1) not owned/controlled by the armed forces but performing military activities or services?
(2) not owned/controlled by the armed forces but supplying military goods or services to the armed forces?
(3) not owned/controlled by the armed forces and supplying non-military goods or services to the armed forces?
owned and/or controlled by the armed forces but performing non-military activities?

Answer: Member States who have fully ratified the ILO convention no 174 will be
expected to implement measures in accordance with this Convention. In areas which are not covered by the Seveso-III-Directive, e.g. pipelines, it is assumed that Member States are extending the scope of the Seveso-III-Directive in their national laws or taking appropriate separate initiatives.
Answer: Military establishments are excluded because their inclusion could have as a consequence the divulgation of information which could adversely affect public security or national defence.
The exclusion reflects Article 346 of the Treaty on the Functioning of the European Union (TFEU) according to which:
“1. The provisions of the Treaties shall not preclude the application of the following rules:
(a) no Member State shall be obliged to supply information the disclosure of which it considers contrary to the essential interests of its security;
(b) any Member State may take such measures as it considers necessary for the protection of the essential interests of its security which are connected with the production of or trade in arms, munitions and war material; such measures shall not adversely affect the conditions or competition in the internal market regarding products which are not intended for specifically military purposes.”
In the light thereof, the exclusion should apply to all sites where military operations take place or where military products are produced or where military products/equipment are present or stored, irrespective of whether these establishments are directly operated by the military/Ministry of Defence or by a private company under an arrangement with the military/Ministry of Defence (situations (1) and (2)).
It would also, in principle, apply to establishments owned or controlled by the military, irrespective of the type of activities taking place since such establishments have arguably been set up to serve military defence purposes (situation (4)).
It would not apply, however, to private companies supplying products or providing services to the military, which are not intended for specifically military purposes (situation (3)). Their situation would not differ from that of any other establishment handling or storing dangerous substances. These private companies are not expected to possess any information which would deserve protection under the exception of national defence/public security.
It is important to note that nothing would prevent a Member State from applying stricter rules than what is prescribed by the Directive – in accordance with Article 193 TFEU.

Question 2

Quesito 002 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera e) D.Lgs. 105/15 [Art. 2(2)(e) Dir. 2012/18/UE] relativo all’esclusione dello sfruttamento, vale a dire l'esplorazione, l'estrazione e la preparazione di minerali in miniere e cave, anche mediante trivellazione, l'esclusione si applica se le sostanze pericolose sono usate nell’ambito delle operazioni di perforazione o l’uso di un certo quantitativo di "sostanze pericolose utilizzate nelle operazioni di trattamento chimico e stoccaggio" farebbe cessare l’esclusione?

Lucia Rocca · Accepted Answer

Question: Would the exemption apply if dangerous substances are used in the framework of the drilling operations or would such use amount to “chemical processing operations and storage related to those operations which involve dangerous substances”, to which the exemption does not apply?

Answer: A chemical process is a method intended to change the composition of chemical(s) or material(s). Thus the drilling activity itself, even where use is made of chemicals, such as methanol and propane, cannot be considered a “chemical processing activity”, as far as its aim is not to alter the composition of the materials to be extracted. The act of extraction would therefore normally be exempted from Seveso even where chemical substances are used.
Chemical processes are normally understood in relation to mining as being activities aimed at separating the valuable minerals or metals from the waste material which surrounds them. This takes place after extraction. Where these processing operations involve dangerous substances they are covered under Seveso and the storage of dangerous substances related to these processing operations should is also be covered.
However, Where, prior to the drilling, chemical processing activities take place which are aimed at somehow changing one or more chemicals or chemical compounds (in view of their use in drilling operations for instance), such operations, and the related storage of chemical substances also falls under Seveso.

Question 3

Quesito 001 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera a) D.Lgs. 105/15 [Art. 2(2)(a) Dir. 2012/18/UE] relativo all’ esclusione degli stabilimenti, impianti o depositi militari, l’esclusione si applica a stabilimenti in cui siano presenti sostanze pericolose e che:  (1) Non sono di proprietà o controllati dalle forze militari, ma conducono attività militari o servizi? (2) Non sono di proprietà o controllati dalle forze militari, ma forniscono beni militari o servizi alle forze armate? (3) Non sono di proprietà o controllati dalle forze militari e forniscono beni non-militari o servizi alle forze armate?  (4) Sono di proprietà o controllati dalle forze militari, ma conducono attività non-militari?

Lucia Rocca · Accepted Answer

Question: Does the exclusion cover establishments where dangerous substances are present and which are:
(1) not owned/controlled by the armed forces but performing military activities or services?
(2) not owned/controlled by the armed forces but supplying military goods or services to the armed forces?
(3) not owned/controlled by the armed forces and supplying non-military goods or services to the armed forces?
owned and/or controlled by the armed forces but performing non-military activities?

Answer: Member States who have fully ratified the ILO convention no 174 will be
expected to implement measures in accordance with this Convention. In areas which are not covered by the Seveso-III-Directive, e.g. pipelines, it is assumed that Member States are extending the scope of the Seveso-III-Directive in their national laws or taking appropriate separate initiatives.
Answer: Military establishments are excluded because their inclusion could have as a consequence the divulgation of information which could adversely affect public security or national defence.
The exclusion reflects Article 346 of the Treaty on the Functioning of the European Union (TFEU) according to which:
“1. The provisions of the Treaties shall not preclude the application of the following rules:
(a) no Member State shall be obliged to supply information the disclosure of which it considers contrary to the essential interests of its security;
(b) any Member State may take such measures as it considers necessary for the protection of the essential interests of its security which are connected with the production of or trade in arms, munitions and war material; such measures shall not adversely affect the conditions or competition in the internal market regarding products which are not intended for specifically military purposes.”
In the light thereof, the exclusion should apply to all sites where military operations take place or where military products are produced or where military products/equipment are present or stored, irrespective of whether these establishments are directly operated by the military/Ministry of Defence or by a private company under an arrangement with the military/Ministry of Defence (situations (1) and (2)).
It would also, in principle, apply to establishments owned or controlled by the military, irrespective of the type of activities taking place since such establishments have arguably been set up to serve military defence purposes (situation (4)).
It would not apply, however, to private companies supplying products or providing services to the military, which are not intended for specifically military purposes (situation (3)). Their situation would not differ from that of any other establishment handling or storing dangerous substances. These private companies are not expected to possess any information which would deserve protection under the exception of national defence/public security.
It is important to note that nothing would prevent a Member State from applying stricter rules than what is prescribed by the Directive – in accordance with Article 193 TFEU.

Question 4

Quesito 002 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera e) D.Lgs. 105/15 [Art. 2(2)(e) Dir. 2012/18/UE] relativo all’esclusione dello sfruttamento, vale a dire l'esplorazione, l'estrazione e la preparazione di minerali in miniere e cave, anche mediante trivellazione, l'esclusione si applica se le sostanze pericolose sono usate nell’ambito delle operazioni di perforazione o l’uso di un certo quantitativo di "sostanze pericolose utilizzate nelle operazioni di trattamento chimico e stoccaggio" farebbe cessare l’esclusione?

Lucia Rocca · Accepted Answer

Question: Would the exemption apply if dangerous substances are used in the framework of the drilling operations or would such use amount to “chemical processing operations and storage related to those operations which involve dangerous substances”, to which the exemption does not apply?

Answer: A chemical process is a method intended to change the composition of chemical(s) or material(s). Thus the drilling activity itself, even where use is made of chemicals, such as methanol and propane, cannot be considered a “chemical processing activity”, as far as its aim is not to alter the composition of the materials to be extracted. The act of extraction would therefore normally be exempted from Seveso even where chemical substances are used.
Chemical processes are normally understood in relation to mining as being activities aimed at separating the valuable minerals or metals from the waste material which surrounds them. This takes place after extraction. Where these processing operations involve dangerous substances they are covered under Seveso and the storage of dangerous substances related to these processing operations should is also be covered.
However, Where, prior to the drilling, chemical processing activities take place which are aimed at somehow changing one or more chemicals or chemical compounds (in view of their use in drilling operations for instance), such operations, and the related storage of chemical substances also falls under Seveso.

Question 5

Quesito 001 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera a) D.Lgs. 105/15 [Art. 2(2)(a) Dir. 2012/18/UE] relativo all’ esclusione degli stabilimenti, impianti o depositi militari, l’esclusione si applica a stabilimenti in cui siano presenti sostanze pericolose e che:  (1) Non sono di proprietà o controllati dalle forze militari, ma conducono attività militari o servizi? (2) Non sono di proprietà o controllati dalle forze militari, ma forniscono beni militari o servizi alle forze armate? (3) Non sono di proprietà o controllati dalle forze militari e forniscono beni non-militari o servizi alle forze armate?  (4) Sono di proprietà o controllati dalle forze militari, ma conducono attività non-militari?

Lucia Rocca · Accepted Answer

Question: Does the exclusion cover establishments where dangerous substances are present and which are:
(1) not owned/controlled by the armed forces but performing military activities or services?
(2) not owned/controlled by the armed forces but supplying military goods or services to the armed forces?
(3) not owned/controlled by the armed forces and supplying non-military goods or services to the armed forces?
owned and/or controlled by the armed forces but performing non-military activities?

Answer: Member States who have fully ratified the ILO convention no 174 will be
expected to implement measures in accordance with this Convention. In areas which are not covered by the Seveso-III-Directive, e.g. pipelines, it is assumed that Member States are extending the scope of the Seveso-III-Directive in their national laws or taking appropriate separate initiatives.
Answer: Military establishments are excluded because their inclusion could have as a consequence the divulgation of information which could adversely affect public security or national defence.
The exclusion reflects Article 346 of the Treaty on the Functioning of the European Union (TFEU) according to which:
“1. The provisions of the Treaties shall not preclude the application of the following rules:
(a) no Member State shall be obliged to supply information the disclosure of which it considers contrary to the essential interests of its security;
(b) any Member State may take such measures as it considers necessary for the protection of the essential interests of its security which are connected with the production of or trade in arms, munitions and war material; such measures shall not adversely affect the conditions or competition in the internal market regarding products which are not intended for specifically military purposes.”
In the light thereof, the exclusion should apply to all sites where military operations take place or where military products are produced or where military products/equipment are present or stored, irrespective of whether these establishments are directly operated by the military/Ministry of Defence or by a private company under an arrangement with the military/Ministry of Defence (situations (1) and (2)).
It would also, in principle, apply to establishments owned or controlled by the military, irrespective of the type of activities taking place since such establishments have arguably been set up to serve military defence purposes (situation (4)).
It would not apply, however, to private companies supplying products or providing services to the military, which are not intended for specifically military purposes (situation (3)). Their situation would not differ from that of any other establishment handling or storing dangerous substances. These private companies are not expected to possess any information which would deserve protection under the exception of national defence/public security.
It is important to note that nothing would prevent a Member State from applying stricter rules than what is prescribed by the Directive – in accordance with Article 193 TFEU.

Question 6

Quesito 002 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera e) D.Lgs. 105/15 [Art. 2(2)(e) Dir. 2012/18/UE] relativo all’esclusione dello sfruttamento, vale a dire l'esplorazione, l'estrazione e la preparazione di minerali in miniere e cave, anche mediante trivellazione, l'esclusione si applica se le sostanze pericolose sono usate nell’ambito delle operazioni di perforazione o l’uso di un certo quantitativo di "sostanze pericolose utilizzate nelle operazioni di trattamento chimico e stoccaggio" farebbe cessare l’esclusione?

Lucia Rocca · Accepted Answer

Question: Would the exemption apply if dangerous substances are used in the framework of the drilling operations or would such use amount to “chemical processing operations and storage related to those operations which involve dangerous substances”, to which the exemption does not apply?

Answer: A chemical process is a method intended to change the composition of chemical(s) or material(s). Thus the drilling activity itself, even where use is made of chemicals, such as methanol and propane, cannot be considered a “chemical processing activity”, as far as its aim is not to alter the composition of the materials to be extracted. The act of extraction would therefore normally be exempted from Seveso even where chemical substances are used.
Chemical processes are normally understood in relation to mining as being activities aimed at separating the valuable minerals or metals from the waste material which surrounds them. This takes place after extraction. Where these processing operations involve dangerous substances they are covered under Seveso and the storage of dangerous substances related to these processing operations should is also be covered.
However, Where, prior to the drilling, chemical processing activities take place which are aimed at somehow changing one or more chemicals or chemical compounds (in view of their use in drilling operations for instance), such operations, and the related storage of chemical substances also falls under Seveso.

Question 7

Quesito 001 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera a) D.Lgs. 105/15 [Art. 2(2)(a) Dir. 2012/18/UE] relativo all’ esclusione degli stabilimenti, impianti o depositi militari, l’esclusione si applica a stabilimenti in cui siano presenti sostanze pericolose e che:  (1) Non sono di proprietà o controllati dalle forze militari, ma conducono attività militari o servizi? (2) Non sono di proprietà o controllati dalle forze militari, ma forniscono beni militari o servizi alle forze armate? (3) Non sono di proprietà o controllati dalle forze militari e forniscono beni non-militari o servizi alle forze armate?  (4) Sono di proprietà o controllati dalle forze militari, ma conducono attività non-militari?

Lucia Rocca · Accepted Answer

Question: Does the exclusion cover establishments where dangerous substances are present and which are:
(1) not owned/controlled by the armed forces but performing military activities or services?
(2) not owned/controlled by the armed forces but supplying military goods or services to the armed forces?
(3) not owned/controlled by the armed forces and supplying non-military goods or services to the armed forces?
owned and/or controlled by the armed forces but performing non-military activities?

Answer: Member States who have fully ratified the ILO convention no 174 will be
expected to implement measures in accordance with this Convention. In areas which are not covered by the Seveso-III-Directive, e.g. pipelines, it is assumed that Member States are extending the scope of the Seveso-III-Directive in their national laws or taking appropriate separate initiatives.
Answer: Military establishments are excluded because their inclusion could have as a consequence the divulgation of information which could adversely affect public security or national defence.
The exclusion reflects Article 346 of the Treaty on the Functioning of the European Union (TFEU) according to which:
“1. The provisions of the Treaties shall not preclude the application of the following rules:
(a) no Member State shall be obliged to supply information the disclosure of which it considers contrary to the essential interests of its security;
(b) any Member State may take such measures as it considers necessary for the protection of the essential interests of its security which are connected with the production of or trade in arms, munitions and war material; such measures shall not adversely affect the conditions or competition in the internal market regarding products which are not intended for specifically military purposes.”
In the light thereof, the exclusion should apply to all sites where military operations take place or where military products are produced or where military products/equipment are present or stored, irrespective of whether these establishments are directly operated by the military/Ministry of Defence or by a private company under an arrangement with the military/Ministry of Defence (situations (1) and (2)).
It would also, in principle, apply to establishments owned or controlled by the military, irrespective of the type of activities taking place since such establishments have arguably been set up to serve military defence purposes (situation (4)).
It would not apply, however, to private companies supplying products or providing services to the military, which are not intended for specifically military purposes (situation (3)). Their situation would not differ from that of any other establishment handling or storing dangerous substances. These private companies are not expected to possess any information which would deserve protection under the exception of national defence/public security.
It is important to note that nothing would prevent a Member State from applying stricter rules than what is prescribed by the Directive – in accordance with Article 193 TFEU.

Question 8

Quesito 002 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera e) D.Lgs. 105/15 [Art. 2(2)(e) Dir. 2012/18/UE] relativo all’esclusione dello sfruttamento, vale a dire l'esplorazione, l'estrazione e la preparazione di minerali in miniere e cave, anche mediante trivellazione, l'esclusione si applica se le sostanze pericolose sono usate nell’ambito delle operazioni di perforazione o l’uso di un certo quantitativo di "sostanze pericolose utilizzate nelle operazioni di trattamento chimico e stoccaggio" farebbe cessare l’esclusione?

Lucia Rocca · Accepted Answer

Question: Would the exemption apply if dangerous substances are used in the framework of the drilling operations or would such use amount to “chemical processing operations and storage related to those operations which involve dangerous substances”, to which the exemption does not apply?

Answer: A chemical process is a method intended to change the composition of chemical(s) or material(s). Thus the drilling activity itself, even where use is made of chemicals, such as methanol and propane, cannot be considered a “chemical processing activity”, as far as its aim is not to alter the composition of the materials to be extracted. The act of extraction would therefore normally be exempted from Seveso even where chemical substances are used.
Chemical processes are normally understood in relation to mining as being activities aimed at separating the valuable minerals or metals from the waste material which surrounds them. This takes place after extraction. Where these processing operations involve dangerous substances they are covered under Seveso and the storage of dangerous substances related to these processing operations should is also be covered.
However, Where, prior to the drilling, chemical processing activities take place which are aimed at somehow changing one or more chemicals or chemical compounds (in view of their use in drilling operations for instance), such operations, and the related storage of chemical substances also falls under Seveso.

Question 9

Quesito 001 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera a) D.Lgs. 105/15 [Art. 2(2)(a) Dir. 2012/18/UE] relativo all’ esclusione degli stabilimenti, impianti o depositi militari, l’esclusione si applica a stabilimenti in cui siano presenti sostanze pericolose e che:  (1) Non sono di proprietà o controllati dalle forze militari, ma conducono attività militari o servizi? (2) Non sono di proprietà o controllati dalle forze militari, ma forniscono beni militari o servizi alle forze armate? (3) Non sono di proprietà o controllati dalle forze militari e forniscono beni non-militari o servizi alle forze armate?  (4) Sono di proprietà o controllati dalle forze militari, ma conducono attività non-militari?

Lucia Rocca · Accepted Answer

Question: Does the exclusion cover establishments where dangerous substances are present and which are:
(1) not owned/controlled by the armed forces but performing military activities or services?
(2) not owned/controlled by the armed forces but supplying military goods or services to the armed forces?
(3) not owned/controlled by the armed forces and supplying non-military goods or services to the armed forces?
owned and/or controlled by the armed forces but performing non-military activities?

Answer: Member States who have fully ratified the ILO convention no 174 will be
expected to implement measures in accordance with this Convention. In areas which are not covered by the Seveso-III-Directive, e.g. pipelines, it is assumed that Member States are extending the scope of the Seveso-III-Directive in their national laws or taking appropriate separate initiatives.
Answer: Military establishments are excluded because their inclusion could have as a consequence the divulgation of information which could adversely affect public security or national defence.
The exclusion reflects Article 346 of the Treaty on the Functioning of the European Union (TFEU) according to which:
“1. The provisions of the Treaties shall not preclude the application of the following rules:
(a) no Member State shall be obliged to supply information the disclosure of which it considers contrary to the essential interests of its security;
(b) any Member State may take such measures as it considers necessary for the protection of the essential interests of its security which are connected with the production of or trade in arms, munitions and war material; such measures shall not adversely affect the conditions or competition in the internal market regarding products which are not intended for specifically military purposes.”
In the light thereof, the exclusion should apply to all sites where military operations take place or where military products are produced or where military products/equipment are present or stored, irrespective of whether these establishments are directly operated by the military/Ministry of Defence or by a private company under an arrangement with the military/Ministry of Defence (situations (1) and (2)).
It would also, in principle, apply to establishments owned or controlled by the military, irrespective of the type of activities taking place since such establishments have arguably been set up to serve military defence purposes (situation (4)).
It would not apply, however, to private companies supplying products or providing services to the military, which are not intended for specifically military purposes (situation (3)). Their situation would not differ from that of any other establishment handling or storing dangerous substances. These private companies are not expected to possess any information which would deserve protection under the exception of national defence/public security.
It is important to note that nothing would prevent a Member State from applying stricter rules than what is prescribed by the Directive – in accordance with Article 193 TFEU.

Question 10

Quesito 002 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera e) D.Lgs. 105/15 [Art. 2(2)(e) Dir. 2012/18/UE] relativo all’esclusione dello sfruttamento, vale a dire l'esplorazione, l'estrazione e la preparazione di minerali in miniere e cave, anche mediante trivellazione, l'esclusione si applica se le sostanze pericolose sono usate nell’ambito delle operazioni di perforazione o l’uso di un certo quantitativo di "sostanze pericolose utilizzate nelle operazioni di trattamento chimico e stoccaggio" farebbe cessare l’esclusione?

Lucia Rocca · Accepted Answer

Question: Would the exemption apply if dangerous substances are used in the framework of the drilling operations or would such use amount to “chemical processing operations and storage related to those operations which involve dangerous substances”, to which the exemption does not apply?

Answer: A chemical process is a method intended to change the composition of chemical(s) or material(s). Thus the drilling activity itself, even where use is made of chemicals, such as methanol and propane, cannot be considered a “chemical processing activity”, as far as its aim is not to alter the composition of the materials to be extracted. The act of extraction would therefore normally be exempted from Seveso even where chemical substances are used.
Chemical processes are normally understood in relation to mining as being activities aimed at separating the valuable minerals or metals from the waste material which surrounds them. This takes place after extraction. Where these processing operations involve dangerous substances they are covered under Seveso and the storage of dangerous substances related to these processing operations should is also be covered.
However, Where, prior to the drilling, chemical processing activities take place which are aimed at somehow changing one or more chemicals or chemical compounds (in view of their use in drilling operations for instance), such operations, and the related storage of chemical substances also falls under Seveso.

Question 11

Quesito 001 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera a) D.Lgs. 105/15 [Art. 2(2)(a) Dir. 2012/18/UE] relativo all’ esclusione degli stabilimenti, impianti o depositi militari, l’esclusione si applica a stabilimenti in cui siano presenti sostanze pericolose e che:  (1) Non sono di proprietà o controllati dalle forze militari, ma conducono attività militari o servizi? (2) Non sono di proprietà o controllati dalle forze militari, ma forniscono beni militari o servizi alle forze armate? (3) Non sono di proprietà o controllati dalle forze militari e forniscono beni non-militari o servizi alle forze armate?  (4) Sono di proprietà o controllati dalle forze militari, ma conducono attività non-militari?

Lucia Rocca · Accepted Answer

Question: Does the exclusion cover establishments where dangerous substances are present and which are:
(1) not owned/controlled by the armed forces but performing military activities or services?
(2) not owned/controlled by the armed forces but supplying military goods or services to the armed forces?
(3) not owned/controlled by the armed forces and supplying non-military goods or services to the armed forces?
owned and/or controlled by the armed forces but performing non-military activities?

Answer: Member States who have fully ratified the ILO convention no 174 will be
expected to implement measures in accordance with this Convention. In areas which are not covered by the Seveso-III-Directive, e.g. pipelines, it is assumed that Member States are extending the scope of the Seveso-III-Directive in their national laws or taking appropriate separate initiatives.
Answer: Military establishments are excluded because their inclusion could have as a consequence the divulgation of information which could adversely affect public security or national defence.
The exclusion reflects Article 346 of the Treaty on the Functioning of the European Union (TFEU) according to which:
“1. The provisions of the Treaties shall not preclude the application of the following rules:
(a) no Member State shall be obliged to supply information the disclosure of which it considers contrary to the essential interests of its security;
(b) any Member State may take such measures as it considers necessary for the protection of the essential interests of its security which are connected with the production of or trade in arms, munitions and war material; such measures shall not adversely affect the conditions or competition in the internal market regarding products which are not intended for specifically military purposes.”
In the light thereof, the exclusion should apply to all sites where military operations take place or where military products are produced or where military products/equipment are present or stored, irrespective of whether these establishments are directly operated by the military/Ministry of Defence or by a private company under an arrangement with the military/Ministry of Defence (situations (1) and (2)).
It would also, in principle, apply to establishments owned or controlled by the military, irrespective of the type of activities taking place since such establishments have arguably been set up to serve military defence purposes (situation (4)).
It would not apply, however, to private companies supplying products or providing services to the military, which are not intended for specifically military purposes (situation (3)). Their situation would not differ from that of any other establishment handling or storing dangerous substances. These private companies are not expected to possess any information which would deserve protection under the exception of national defence/public security.
It is important to note that nothing would prevent a Member State from applying stricter rules than what is prescribed by the Directive – in accordance with Article 193 TFEU.

Question 12

Quesito 002 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera e) D.Lgs. 105/15 [Art. 2(2)(e) Dir. 2012/18/UE] relativo all’esclusione dello sfruttamento, vale a dire l'esplorazione, l'estrazione e la preparazione di minerali in miniere e cave, anche mediante trivellazione, l'esclusione si applica se le sostanze pericolose sono usate nell’ambito delle operazioni di perforazione o l’uso di un certo quantitativo di "sostanze pericolose utilizzate nelle operazioni di trattamento chimico e stoccaggio" farebbe cessare l’esclusione?

Lucia Rocca · Accepted Answer

Question: Would the exemption apply if dangerous substances are used in the framework of the drilling operations or would such use amount to “chemical processing operations and storage related to those operations which involve dangerous substances”, to which the exemption does not apply?

Answer: A chemical process is a method intended to change the composition of chemical(s) or material(s). Thus the drilling activity itself, even where use is made of chemicals, such as methanol and propane, cannot be considered a “chemical processing activity”, as far as its aim is not to alter the composition of the materials to be extracted. The act of extraction would therefore normally be exempted from Seveso even where chemical substances are used.
Chemical processes are normally understood in relation to mining as being activities aimed at separating the valuable minerals or metals from the waste material which surrounds them. This takes place after extraction. Where these processing operations involve dangerous substances they are covered under Seveso and the storage of dangerous substances related to these processing operations should is also be covered.
However, Where, prior to the drilling, chemical processing activities take place which are aimed at somehow changing one or more chemicals or chemical compounds (in view of their use in drilling operations for instance), such operations, and the related storage of chemical substances also falls under Seveso.

Question 13

Quesito 001 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera a) D.Lgs. 105/15 [Art. 2(2)(a) Dir. 2012/18/UE] relativo all’ esclusione degli stabilimenti, impianti o depositi militari, l’esclusione si applica a stabilimenti in cui siano presenti sostanze pericolose e che:  (1) Non sono di proprietà o controllati dalle forze militari, ma conducono attività militari o servizi? (2) Non sono di proprietà o controllati dalle forze militari, ma forniscono beni militari o servizi alle forze armate? (3) Non sono di proprietà o controllati dalle forze militari e forniscono beni non-militari o servizi alle forze armate?  (4) Sono di proprietà o controllati dalle forze militari, ma conducono attività non-militari?

Lucia Rocca · Accepted Answer

Question: Does the exclusion cover establishments where dangerous substances are present and which are:
(1) not owned/controlled by the armed forces but performing military activities or services?
(2) not owned/controlled by the armed forces but supplying military goods or services to the armed forces?
(3) not owned/controlled by the armed forces and supplying non-military goods or services to the armed forces?
owned and/or controlled by the armed forces but performing non-military activities?

Answer: Member States who have fully ratified the ILO convention no 174 will be
expected to implement measures in accordance with this Convention. In areas which are not covered by the Seveso-III-Directive, e.g. pipelines, it is assumed that Member States are extending the scope of the Seveso-III-Directive in their national laws or taking appropriate separate initiatives.
Answer: Military establishments are excluded because their inclusion could have as a consequence the divulgation of information which could adversely affect public security or national defence.
The exclusion reflects Article 346 of the Treaty on the Functioning of the European Union (TFEU) according to which:
“1. The provisions of the Treaties shall not preclude the application of the following rules:
(a) no Member State shall be obliged to supply information the disclosure of which it considers contrary to the essential interests of its security;
(b) any Member State may take such measures as it considers necessary for the protection of the essential interests of its security which are connected with the production of or trade in arms, munitions and war material; such measures shall not adversely affect the conditions or competition in the internal market regarding products which are not intended for specifically military purposes.”
In the light thereof, the exclusion should apply to all sites where military operations take place or where military products are produced or where military products/equipment are present or stored, irrespective of whether these establishments are directly operated by the military/Ministry of Defence or by a private company under an arrangement with the military/Ministry of Defence (situations (1) and (2)).
It would also, in principle, apply to establishments owned or controlled by the military, irrespective of the type of activities taking place since such establishments have arguably been set up to serve military defence purposes (situation (4)).
It would not apply, however, to private companies supplying products or providing services to the military, which are not intended for specifically military purposes (situation (3)). Their situation would not differ from that of any other establishment handling or storing dangerous substances. These private companies are not expected to possess any information which would deserve protection under the exception of national defence/public security.
It is important to note that nothing would prevent a Member State from applying stricter rules than what is prescribed by the Directive – in accordance with Article 193 TFEU.

Question 14

Quesito 002 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera e) D.Lgs. 105/15 [Art. 2(2)(e) Dir. 2012/18/UE] relativo all’esclusione dello sfruttamento, vale a dire l'esplorazione, l'estrazione e la preparazione di minerali in miniere e cave, anche mediante trivellazione, l'esclusione si applica se le sostanze pericolose sono usate nell’ambito delle operazioni di perforazione o l’uso di un certo quantitativo di "sostanze pericolose utilizzate nelle operazioni di trattamento chimico e stoccaggio" farebbe cessare l’esclusione?

Lucia Rocca · Accepted Answer

Question: Would the exemption apply if dangerous substances are used in the framework of the drilling operations or would such use amount to “chemical processing operations and storage related to those operations which involve dangerous substances”, to which the exemption does not apply?

Answer: A chemical process is a method intended to change the composition of chemical(s) or material(s). Thus the drilling activity itself, even where use is made of chemicals, such as methanol and propane, cannot be considered a “chemical processing activity”, as far as its aim is not to alter the composition of the materials to be extracted. The act of extraction would therefore normally be exempted from Seveso even where chemical substances are used.
Chemical processes are normally understood in relation to mining as being activities aimed at separating the valuable minerals or metals from the waste material which surrounds them. This takes place after extraction. Where these processing operations involve dangerous substances they are covered under Seveso and the storage of dangerous substances related to these processing operations should is also be covered.
However, Where, prior to the drilling, chemical processing activities take place which are aimed at somehow changing one or more chemicals or chemical compounds (in view of their use in drilling operations for instance), such operations, and the related storage of chemical substances also falls under Seveso.

Question 15

Quesito 001 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera a) D.Lgs. 105/15 [Art. 2(2)(a) Dir. 2012/18/UE] relativo all’ esclusione degli stabilimenti, impianti o depositi militari, l’esclusione si applica a stabilimenti in cui siano presenti sostanze pericolose e che:  (1) Non sono di proprietà o controllati dalle forze militari, ma conducono attività militari o servizi? (2) Non sono di proprietà o controllati dalle forze militari, ma forniscono beni militari o servizi alle forze armate? (3) Non sono di proprietà o controllati dalle forze militari e forniscono beni non-militari o servizi alle forze armate?  (4) Sono di proprietà o controllati dalle forze militari, ma conducono attività non-militari?

Lucia Rocca · Accepted Answer

Question: Does the exclusion cover establishments where dangerous substances are present and which are:
(1) not owned/controlled by the armed forces but performing military activities or services?
(2) not owned/controlled by the armed forces but supplying military goods or services to the armed forces?
(3) not owned/controlled by the armed forces and supplying non-military goods or services to the armed forces?
owned and/or controlled by the armed forces but performing non-military activities?

Answer: Member States who have fully ratified the ILO convention no 174 will be
expected to implement measures in accordance with this Convention. In areas which are not covered by the Seveso-III-Directive, e.g. pipelines, it is assumed that Member States are extending the scope of the Seveso-III-Directive in their national laws or taking appropriate separate initiatives.
Answer: Military establishments are excluded because their inclusion could have as a consequence the divulgation of information which could adversely affect public security or national defence.
The exclusion reflects Article 346 of the Treaty on the Functioning of the European Union (TFEU) according to which:
“1. The provisions of the Treaties shall not preclude the application of the following rules:
(a) no Member State shall be obliged to supply information the disclosure of which it considers contrary to the essential interests of its security;
(b) any Member State may take such measures as it considers necessary for the protection of the essential interests of its security which are connected with the production of or trade in arms, munitions and war material; such measures shall not adversely affect the conditions or competition in the internal market regarding products which are not intended for specifically military purposes.”
In the light thereof, the exclusion should apply to all sites where military operations take place or where military products are produced or where military products/equipment are present or stored, irrespective of whether these establishments are directly operated by the military/Ministry of Defence or by a private company under an arrangement with the military/Ministry of Defence (situations (1) and (2)).
It would also, in principle, apply to establishments owned or controlled by the military, irrespective of the type of activities taking place since such establishments have arguably been set up to serve military defence purposes (situation (4)).
It would not apply, however, to private companies supplying products or providing services to the military, which are not intended for specifically military purposes (situation (3)). Their situation would not differ from that of any other establishment handling or storing dangerous substances. These private companies are not expected to possess any information which would deserve protection under the exception of national defence/public security.
It is important to note that nothing would prevent a Member State from applying stricter rules than what is prescribed by the Directive – in accordance with Article 193 TFEU.

Question 16

Quesito 002 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera e) D.Lgs. 105/15 [Art. 2(2)(e) Dir. 2012/18/UE] relativo all’esclusione dello sfruttamento, vale a dire l'esplorazione, l'estrazione e la preparazione di minerali in miniere e cave, anche mediante trivellazione, l'esclusione si applica se le sostanze pericolose sono usate nell’ambito delle operazioni di perforazione o l’uso di un certo quantitativo di "sostanze pericolose utilizzate nelle operazioni di trattamento chimico e stoccaggio" farebbe cessare l’esclusione?

Lucia Rocca · Accepted Answer

Question: Would the exemption apply if dangerous substances are used in the framework of the drilling operations or would such use amount to “chemical processing operations and storage related to those operations which involve dangerous substances”, to which the exemption does not apply?

Answer: A chemical process is a method intended to change the composition of chemical(s) or material(s). Thus the drilling activity itself, even where use is made of chemicals, such as methanol and propane, cannot be considered a “chemical processing activity”, as far as its aim is not to alter the composition of the materials to be extracted. The act of extraction would therefore normally be exempted from Seveso even where chemical substances are used.
Chemical processes are normally understood in relation to mining as being activities aimed at separating the valuable minerals or metals from the waste material which surrounds them. This takes place after extraction. Where these processing operations involve dangerous substances they are covered under Seveso and the storage of dangerous substances related to these processing operations should is also be covered.
However, Where, prior to the drilling, chemical processing activities take place which are aimed at somehow changing one or more chemicals or chemical compounds (in view of their use in drilling operations for instance), such operations, and the related storage of chemical substances also falls under Seveso.

Question 17

Quesito 001 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera a) D.Lgs. 105/15 [Art. 2(2)(a) Dir. 2012/18/UE] relativo all’ esclusione degli stabilimenti, impianti o depositi militari, l’esclusione si applica a stabilimenti in cui siano presenti sostanze pericolose e che:  (1) Non sono di proprietà o controllati dalle forze militari, ma conducono attività militari o servizi? (2) Non sono di proprietà o controllati dalle forze militari, ma forniscono beni militari o servizi alle forze armate? (3) Non sono di proprietà o controllati dalle forze militari e forniscono beni non-militari o servizi alle forze armate?  (4) Sono di proprietà o controllati dalle forze militari, ma conducono attività non-militari?

Lucia Rocca · Accepted Answer

Question: Does the exclusion cover establishments where dangerous substances are present and which are:
(1) not owned/controlled by the armed forces but performing military activities or services?
(2) not owned/controlled by the armed forces but supplying military goods or services to the armed forces?
(3) not owned/controlled by the armed forces and supplying non-military goods or services to the armed forces?
owned and/or controlled by the armed forces but performing non-military activities?

Answer: Member States who have fully ratified the ILO convention no 174 will be
expected to implement measures in accordance with this Convention. In areas which are not covered by the Seveso-III-Directive, e.g. pipelines, it is assumed that Member States are extending the scope of the Seveso-III-Directive in their national laws or taking appropriate separate initiatives.
Answer: Military establishments are excluded because their inclusion could have as a consequence the divulgation of information which could adversely affect public security or national defence.
The exclusion reflects Article 346 of the Treaty on the Functioning of the European Union (TFEU) according to which:
“1. The provisions of the Treaties shall not preclude the application of the following rules:
(a) no Member State shall be obliged to supply information the disclosure of which it considers contrary to the essential interests of its security;
(b) any Member State may take such measures as it considers necessary for the protection of the essential interests of its security which are connected with the production of or trade in arms, munitions and war material; such measures shall not adversely affect the conditions or competition in the internal market regarding products which are not intended for specifically military purposes.”
In the light thereof, the exclusion should apply to all sites where military operations take place or where military products are produced or where military products/equipment are present or stored, irrespective of whether these establishments are directly operated by the military/Ministry of Defence or by a private company under an arrangement with the military/Ministry of Defence (situations (1) and (2)).
It would also, in principle, apply to establishments owned or controlled by the military, irrespective of the type of activities taking place since such establishments have arguably been set up to serve military defence purposes (situation (4)).
It would not apply, however, to private companies supplying products or providing services to the military, which are not intended for specifically military purposes (situation (3)). Their situation would not differ from that of any other establishment handling or storing dangerous substances. These private companies are not expected to possess any information which would deserve protection under the exception of national defence/public security.
It is important to note that nothing would prevent a Member State from applying stricter rules than what is prescribed by the Directive – in accordance with Article 193 TFEU.

Question 18

Quesito 002 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera e) D.Lgs. 105/15 [Art. 2(2)(e) Dir. 2012/18/UE] relativo all’esclusione dello sfruttamento, vale a dire l'esplorazione, l'estrazione e la preparazione di minerali in miniere e cave, anche mediante trivellazione, l'esclusione si applica se le sostanze pericolose sono usate nell’ambito delle operazioni di perforazione o l’uso di un certo quantitativo di "sostanze pericolose utilizzate nelle operazioni di trattamento chimico e stoccaggio" farebbe cessare l’esclusione?

Lucia Rocca · Accepted Answer

Question: Would the exemption apply if dangerous substances are used in the framework of the drilling operations or would such use amount to “chemical processing operations and storage related to those operations which involve dangerous substances”, to which the exemption does not apply?

Answer: A chemical process is a method intended to change the composition of chemical(s) or material(s). Thus the drilling activity itself, even where use is made of chemicals, such as methanol and propane, cannot be considered a “chemical processing activity”, as far as its aim is not to alter the composition of the materials to be extracted. The act of extraction would therefore normally be exempted from Seveso even where chemical substances are used.
Chemical processes are normally understood in relation to mining as being activities aimed at separating the valuable minerals or metals from the waste material which surrounds them. This takes place after extraction. Where these processing operations involve dangerous substances they are covered under Seveso and the storage of dangerous substances related to these processing operations should is also be covered.
However, Where, prior to the drilling, chemical processing activities take place which are aimed at somehow changing one or more chemicals or chemical compounds (in view of their use in drilling operations for instance), such operations, and the related storage of chemical substances also falls under Seveso.

Question 19

Quesito 001 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera a) D.Lgs. 105/15 [Art. 2(2)(a) Dir. 2012/18/UE] relativo all’ esclusione degli stabilimenti, impianti o depositi militari, l’esclusione si applica a stabilimenti in cui siano presenti sostanze pericolose e che:  (1) Non sono di proprietà o controllati dalle forze militari, ma conducono attività militari o servizi? (2) Non sono di proprietà o controllati dalle forze militari, ma forniscono beni militari o servizi alle forze armate? (3) Non sono di proprietà o controllati dalle forze militari e forniscono beni non-militari o servizi alle forze armate?  (4) Sono di proprietà o controllati dalle forze militari, ma conducono attività non-militari?

Lucia Rocca · Accepted Answer

Question: Does the exclusion cover establishments where dangerous substances are present and which are:
(1) not owned/controlled by the armed forces but performing military activities or services?
(2) not owned/controlled by the armed forces but supplying military goods or services to the armed forces?
(3) not owned/controlled by the armed forces and supplying non-military goods or services to the armed forces?
owned and/or controlled by the armed forces but performing non-military activities?

Answer: Member States who have fully ratified the ILO convention no 174 will be
expected to implement measures in accordance with this Convention. In areas which are not covered by the Seveso-III-Directive, e.g. pipelines, it is assumed that Member States are extending the scope of the Seveso-III-Directive in their national laws or taking appropriate separate initiatives.
Answer: Military establishments are excluded because their inclusion could have as a consequence the divulgation of information which could adversely affect public security or national defence.
The exclusion reflects Article 346 of the Treaty on the Functioning of the European Union (TFEU) according to which:
“1. The provisions of the Treaties shall not preclude the application of the following rules:
(a) no Member State shall be obliged to supply information the disclosure of which it considers contrary to the essential interests of its security;
(b) any Member State may take such measures as it considers necessary for the protection of the essential interests of its security which are connected with the production of or trade in arms, munitions and war material; such measures shall not adversely affect the conditions or competition in the internal market regarding products which are not intended for specifically military purposes.”
In the light thereof, the exclusion should apply to all sites where military operations take place or where military products are produced or where military products/equipment are present or stored, irrespective of whether these establishments are directly operated by the military/Ministry of Defence or by a private company under an arrangement with the military/Ministry of Defence (situations (1) and (2)).
It would also, in principle, apply to establishments owned or controlled by the military, irrespective of the type of activities taking place since such establishments have arguably been set up to serve military defence purposes (situation (4)).
It would not apply, however, to private companies supplying products or providing services to the military, which are not intended for specifically military purposes (situation (3)). Their situation would not differ from that of any other establishment handling or storing dangerous substances. These private companies are not expected to possess any information which would deserve protection under the exception of national defence/public security.
It is important to note that nothing would prevent a Member State from applying stricter rules than what is prescribed by the Directive – in accordance with Article 193 TFEU.

Question 20

Quesito 002 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera e) D.Lgs. 105/15 [Art. 2(2)(e) Dir. 2012/18/UE] relativo all’esclusione dello sfruttamento, vale a dire l'esplorazione, l'estrazione e la preparazione di minerali in miniere e cave, anche mediante trivellazione, l'esclusione si applica se le sostanze pericolose sono usate nell’ambito delle operazioni di perforazione o l’uso di un certo quantitativo di "sostanze pericolose utilizzate nelle operazioni di trattamento chimico e stoccaggio" farebbe cessare l’esclusione?

Lucia Rocca · Accepted Answer

Question: Would the exemption apply if dangerous substances are used in the framework of the drilling operations or would such use amount to “chemical processing operations and storage related to those operations which involve dangerous substances”, to which the exemption does not apply?

Answer: A chemical process is a method intended to change the composition of chemical(s) or material(s). Thus the drilling activity itself, even where use is made of chemicals, such as methanol and propane, cannot be considered a “chemical processing activity”, as far as its aim is not to alter the composition of the materials to be extracted. The act of extraction would therefore normally be exempted from Seveso even where chemical substances are used.
Chemical processes are normally understood in relation to mining as being activities aimed at separating the valuable minerals or metals from the waste material which surrounds them. This takes place after extraction. Where these processing operations involve dangerous substances they are covered under Seveso and the storage of dangerous substances related to these processing operations should is also be covered.
However, Where, prior to the drilling, chemical processing activities take place which are aimed at somehow changing one or more chemicals or chemical compounds (in view of their use in drilling operations for instance), such operations, and the related storage of chemical substances also falls under Seveso.

Question 21

Quesito 001 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera a) D.Lgs. 105/15 [Art. 2(2)(a) Dir. 2012/18/UE] relativo all’ esclusione degli stabilimenti, impianti o depositi militari, l’esclusione si applica a stabilimenti in cui siano presenti sostanze pericolose e che:  (1) Non sono di proprietà o controllati dalle forze militari, ma conducono attività militari o servizi? (2) Non sono di proprietà o controllati dalle forze militari, ma forniscono beni militari o servizi alle forze armate? (3) Non sono di proprietà o controllati dalle forze militari e forniscono beni non-militari o servizi alle forze armate?  (4) Sono di proprietà o controllati dalle forze militari, ma conducono attività non-militari?

Lucia Rocca · Accepted Answer

Question: Does the exclusion cover establishments where dangerous substances are present and which are:
(1) not owned/controlled by the armed forces but performing military activities or services?
(2) not owned/controlled by the armed forces but supplying military goods or services to the armed forces?
(3) not owned/controlled by the armed forces and supplying non-military goods or services to the armed forces?
owned and/or controlled by the armed forces but performing non-military activities?

Answer: Member States who have fully ratified the ILO convention no 174 will be
expected to implement measures in accordance with this Convention. In areas which are not covered by the Seveso-III-Directive, e.g. pipelines, it is assumed that Member States are extending the scope of the Seveso-III-Directive in their national laws or taking appropriate separate initiatives.
Answer: Military establishments are excluded because their inclusion could have as a consequence the divulgation of information which could adversely affect public security or national defence.
The exclusion reflects Article 346 of the Treaty on the Functioning of the European Union (TFEU) according to which:
“1. The provisions of the Treaties shall not preclude the application of the following rules:
(a) no Member State shall be obliged to supply information the disclosure of which it considers contrary to the essential interests of its security;
(b) any Member State may take such measures as it considers necessary for the protection of the essential interests of its security which are connected with the production of or trade in arms, munitions and war material; such measures shall not adversely affect the conditions or competition in the internal market regarding products which are not intended for specifically military purposes.”
In the light thereof, the exclusion should apply to all sites where military operations take place or where military products are produced or where military products/equipment are present or stored, irrespective of whether these establishments are directly operated by the military/Ministry of Defence or by a private company under an arrangement with the military/Ministry of Defence (situations (1) and (2)).
It would also, in principle, apply to establishments owned or controlled by the military, irrespective of the type of activities taking place since such establishments have arguably been set up to serve military defence purposes (situation (4)).
It would not apply, however, to private companies supplying products or providing services to the military, which are not intended for specifically military purposes (situation (3)). Their situation would not differ from that of any other establishment handling or storing dangerous substances. These private companies are not expected to possess any information which would deserve protection under the exception of national defence/public security.
It is important to note that nothing would prevent a Member State from applying stricter rules than what is prescribed by the Directive – in accordance with Article 193 TFEU.

Question 22

Quesito 002 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera e) D.Lgs. 105/15 [Art. 2(2)(e) Dir. 2012/18/UE] relativo all’esclusione dello sfruttamento, vale a dire l'esplorazione, l'estrazione e la preparazione di minerali in miniere e cave, anche mediante trivellazione, l'esclusione si applica se le sostanze pericolose sono usate nell’ambito delle operazioni di perforazione o l’uso di un certo quantitativo di "sostanze pericolose utilizzate nelle operazioni di trattamento chimico e stoccaggio" farebbe cessare l’esclusione?

Lucia Rocca · Accepted Answer

Question: Would the exemption apply if dangerous substances are used in the framework of the drilling operations or would such use amount to “chemical processing operations and storage related to those operations which involve dangerous substances”, to which the exemption does not apply?

Answer: A chemical process is a method intended to change the composition of chemical(s) or material(s). Thus the drilling activity itself, even where use is made of chemicals, such as methanol and propane, cannot be considered a “chemical processing activity”, as far as its aim is not to alter the composition of the materials to be extracted. The act of extraction would therefore normally be exempted from Seveso even where chemical substances are used.
Chemical processes are normally understood in relation to mining as being activities aimed at separating the valuable minerals or metals from the waste material which surrounds them. This takes place after extraction. Where these processing operations involve dangerous substances they are covered under Seveso and the storage of dangerous substances related to these processing operations should is also be covered.
However, Where, prior to the drilling, chemical processing activities take place which are aimed at somehow changing one or more chemicals or chemical compounds (in view of their use in drilling operations for instance), such operations, and the related storage of chemical substances also falls under Seveso.

Question 23

Quesito 001 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera a) D.Lgs. 105/15 [Art. 2(2)(a) Dir. 2012/18/UE] relativo all’ esclusione degli stabilimenti, impianti o depositi militari, l’esclusione si applica a stabilimenti in cui siano presenti sostanze pericolose e che:  (1) Non sono di proprietà o controllati dalle forze militari, ma conducono attività militari o servizi? (2) Non sono di proprietà o controllati dalle forze militari, ma forniscono beni militari o servizi alle forze armate? (3) Non sono di proprietà o controllati dalle forze militari e forniscono beni non-militari o servizi alle forze armate?  (4) Sono di proprietà o controllati dalle forze militari, ma conducono attività non-militari?

Lucia Rocca · Accepted Answer

Question: Does the exclusion cover establishments where dangerous substances are present and which are:
(1) not owned/controlled by the armed forces but performing military activities or services?
(2) not owned/controlled by the armed forces but supplying military goods or services to the armed forces?
(3) not owned/controlled by the armed forces and supplying non-military goods or services to the armed forces?
owned and/or controlled by the armed forces but performing non-military activities?

Answer: Member States who have fully ratified the ILO convention no 174 will be
expected to implement measures in accordance with this Convention. In areas which are not covered by the Seveso-III-Directive, e.g. pipelines, it is assumed that Member States are extending the scope of the Seveso-III-Directive in their national laws or taking appropriate separate initiatives.
Answer: Military establishments are excluded because their inclusion could have as a consequence the divulgation of information which could adversely affect public security or national defence.
The exclusion reflects Article 346 of the Treaty on the Functioning of the European Union (TFEU) according to which:
“1. The provisions of the Treaties shall not preclude the application of the following rules:
(a) no Member State shall be obliged to supply information the disclosure of which it considers contrary to the essential interests of its security;
(b) any Member State may take such measures as it considers necessary for the protection of the essential interests of its security which are connected with the production of or trade in arms, munitions and war material; such measures shall not adversely affect the conditions or competition in the internal market regarding products which are not intended for specifically military purposes.”
In the light thereof, the exclusion should apply to all sites where military operations take place or where military products are produced or where military products/equipment are present or stored, irrespective of whether these establishments are directly operated by the military/Ministry of Defence or by a private company under an arrangement with the military/Ministry of Defence (situations (1) and (2)).
It would also, in principle, apply to establishments owned or controlled by the military, irrespective of the type of activities taking place since such establishments have arguably been set up to serve military defence purposes (situation (4)).
It would not apply, however, to private companies supplying products or providing services to the military, which are not intended for specifically military purposes (situation (3)). Their situation would not differ from that of any other establishment handling or storing dangerous substances. These private companies are not expected to possess any information which would deserve protection under the exception of national defence/public security.
It is important to note that nothing would prevent a Member State from applying stricter rules than what is prescribed by the Directive – in accordance with Article 193 TFEU.

Question 24

Quesito 002 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera e) D.Lgs. 105/15 [Art. 2(2)(e) Dir. 2012/18/UE] relativo all’esclusione dello sfruttamento, vale a dire l'esplorazione, l'estrazione e la preparazione di minerali in miniere e cave, anche mediante trivellazione, l'esclusione si applica se le sostanze pericolose sono usate nell’ambito delle operazioni di perforazione o l’uso di un certo quantitativo di "sostanze pericolose utilizzate nelle operazioni di trattamento chimico e stoccaggio" farebbe cessare l’esclusione?

Lucia Rocca · Accepted Answer

Question: Would the exemption apply if dangerous substances are used in the framework of the drilling operations or would such use amount to “chemical processing operations and storage related to those operations which involve dangerous substances”, to which the exemption does not apply?

Answer: A chemical process is a method intended to change the composition of chemical(s) or material(s). Thus the drilling activity itself, even where use is made of chemicals, such as methanol and propane, cannot be considered a “chemical processing activity”, as far as its aim is not to alter the composition of the materials to be extracted. The act of extraction would therefore normally be exempted from Seveso even where chemical substances are used.
Chemical processes are normally understood in relation to mining as being activities aimed at separating the valuable minerals or metals from the waste material which surrounds them. This takes place after extraction. Where these processing operations involve dangerous substances they are covered under Seveso and the storage of dangerous substances related to these processing operations should is also be covered.
However, Where, prior to the drilling, chemical processing activities take place which are aimed at somehow changing one or more chemicals or chemical compounds (in view of their use in drilling operations for instance), such operations, and the related storage of chemical substances also falls under Seveso.

Question 25

Quesito 001 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera a) D.Lgs. 105/15 [Art. 2(2)(a) Dir. 2012/18/UE] relativo all’ esclusione degli stabilimenti, impianti o depositi militari, l’esclusione si applica a stabilimenti in cui siano presenti sostanze pericolose e che:  (1) Non sono di proprietà o controllati dalle forze militari, ma conducono attività militari o servizi? (2) Non sono di proprietà o controllati dalle forze militari, ma forniscono beni militari o servizi alle forze armate? (3) Non sono di proprietà o controllati dalle forze militari e forniscono beni non-militari o servizi alle forze armate?  (4) Sono di proprietà o controllati dalle forze militari, ma conducono attività non-militari?

Lucia Rocca · Accepted Answer

Question: Does the exclusion cover establishments where dangerous substances are present and which are:
(1) not owned/controlled by the armed forces but performing military activities or services?
(2) not owned/controlled by the armed forces but supplying military goods or services to the armed forces?
(3) not owned/controlled by the armed forces and supplying non-military goods or services to the armed forces?
owned and/or controlled by the armed forces but performing non-military activities?

Answer: Member States who have fully ratified the ILO convention no 174 will be
expected to implement measures in accordance with this Convention. In areas which are not covered by the Seveso-III-Directive, e.g. pipelines, it is assumed that Member States are extending the scope of the Seveso-III-Directive in their national laws or taking appropriate separate initiatives.
Answer: Military establishments are excluded because their inclusion could have as a consequence the divulgation of information which could adversely affect public security or national defence.
The exclusion reflects Article 346 of the Treaty on the Functioning of the European Union (TFEU) according to which:
“1. The provisions of the Treaties shall not preclude the application of the following rules:
(a) no Member State shall be obliged to supply information the disclosure of which it considers contrary to the essential interests of its security;
(b) any Member State may take such measures as it considers necessary for the protection of the essential interests of its security which are connected with the production of or trade in arms, munitions and war material; such measures shall not adversely affect the conditions or competition in the internal market regarding products which are not intended for specifically military purposes.”
In the light thereof, the exclusion should apply to all sites where military operations take place or where military products are produced or where military products/equipment are present or stored, irrespective of whether these establishments are directly operated by the military/Ministry of Defence or by a private company under an arrangement with the military/Ministry of Defence (situations (1) and (2)).
It would also, in principle, apply to establishments owned or controlled by the military, irrespective of the type of activities taking place since such establishments have arguably been set up to serve military defence purposes (situation (4)).
It would not apply, however, to private companies supplying products or providing services to the military, which are not intended for specifically military purposes (situation (3)). Their situation would not differ from that of any other establishment handling or storing dangerous substances. These private companies are not expected to possess any information which would deserve protection under the exception of national defence/public security.
It is important to note that nothing would prevent a Member State from applying stricter rules than what is prescribed by the Directive – in accordance with Article 193 TFEU.

Question 26

Quesito 002 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera e) D.Lgs. 105/15 [Art. 2(2)(e) Dir. 2012/18/UE] relativo all’esclusione dello sfruttamento, vale a dire l'esplorazione, l'estrazione e la preparazione di minerali in miniere e cave, anche mediante trivellazione, l'esclusione si applica se le sostanze pericolose sono usate nell’ambito delle operazioni di perforazione o l’uso di un certo quantitativo di "sostanze pericolose utilizzate nelle operazioni di trattamento chimico e stoccaggio" farebbe cessare l’esclusione?

Lucia Rocca · Accepted Answer

Question: Would the exemption apply if dangerous substances are used in the framework of the drilling operations or would such use amount to “chemical processing operations and storage related to those operations which involve dangerous substances”, to which the exemption does not apply?

Answer: A chemical process is a method intended to change the composition of chemical(s) or material(s). Thus the drilling activity itself, even where use is made of chemicals, such as methanol and propane, cannot be considered a “chemical processing activity”, as far as its aim is not to alter the composition of the materials to be extracted. The act of extraction would therefore normally be exempted from Seveso even where chemical substances are used.
Chemical processes are normally understood in relation to mining as being activities aimed at separating the valuable minerals or metals from the waste material which surrounds them. This takes place after extraction. Where these processing operations involve dangerous substances they are covered under Seveso and the storage of dangerous substances related to these processing operations should is also be covered.
However, Where, prior to the drilling, chemical processing activities take place which are aimed at somehow changing one or more chemicals or chemical compounds (in view of their use in drilling operations for instance), such operations, and the related storage of chemical substances also falls under Seveso.

Question 27

Quesito 001 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera a) D.Lgs. 105/15 [Art. 2(2)(a) Dir. 2012/18/UE] relativo all’ esclusione degli stabilimenti, impianti o depositi militari, l’esclusione si applica a stabilimenti in cui siano presenti sostanze pericolose e che:  (1) Non sono di proprietà o controllati dalle forze militari, ma conducono attività militari o servizi? (2) Non sono di proprietà o controllati dalle forze militari, ma forniscono beni militari o servizi alle forze armate? (3) Non sono di proprietà o controllati dalle forze militari e forniscono beni non-militari o servizi alle forze armate?  (4) Sono di proprietà o controllati dalle forze militari, ma conducono attività non-militari?

Lucia Rocca · Accepted Answer

Question: Does the exclusion cover establishments where dangerous substances are present and which are:
(1) not owned/controlled by the armed forces but performing military activities or services?
(2) not owned/controlled by the armed forces but supplying military goods or services to the armed forces?
(3) not owned/controlled by the armed forces and supplying non-military goods or services to the armed forces?
owned and/or controlled by the armed forces but performing non-military activities?

Answer: Member States who have fully ratified the ILO convention no 174 will be
expected to implement measures in accordance with this Convention. In areas which are not covered by the Seveso-III-Directive, e.g. pipelines, it is assumed that Member States are extending the scope of the Seveso-III-Directive in their national laws or taking appropriate separate initiatives.
Answer: Military establishments are excluded because their inclusion could have as a consequence the divulgation of information which could adversely affect public security or national defence.
The exclusion reflects Article 346 of the Treaty on the Functioning of the European Union (TFEU) according to which:
“1. The provisions of the Treaties shall not preclude the application of the following rules:
(a) no Member State shall be obliged to supply information the disclosure of which it considers contrary to the essential interests of its security;
(b) any Member State may take such measures as it considers necessary for the protection of the essential interests of its security which are connected with the production of or trade in arms, munitions and war material; such measures shall not adversely affect the conditions or competition in the internal market regarding products which are not intended for specifically military purposes.”
In the light thereof, the exclusion should apply to all sites where military operations take place or where military products are produced or where military products/equipment are present or stored, irrespective of whether these establishments are directly operated by the military/Ministry of Defence or by a private company under an arrangement with the military/Ministry of Defence (situations (1) and (2)).
It would also, in principle, apply to establishments owned or controlled by the military, irrespective of the type of activities taking place since such establishments have arguably been set up to serve military defence purposes (situation (4)).
It would not apply, however, to private companies supplying products or providing services to the military, which are not intended for specifically military purposes (situation (3)). Their situation would not differ from that of any other establishment handling or storing dangerous substances. These private companies are not expected to possess any information which would deserve protection under the exception of national defence/public security.
It is important to note that nothing would prevent a Member State from applying stricter rules than what is prescribed by the Directive – in accordance with Article 193 TFEU.

Question 28

Quesito 002 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera e) D.Lgs. 105/15 [Art. 2(2)(e) Dir. 2012/18/UE] relativo all’esclusione dello sfruttamento, vale a dire l'esplorazione, l'estrazione e la preparazione di minerali in miniere e cave, anche mediante trivellazione, l'esclusione si applica se le sostanze pericolose sono usate nell’ambito delle operazioni di perforazione o l’uso di un certo quantitativo di "sostanze pericolose utilizzate nelle operazioni di trattamento chimico e stoccaggio" farebbe cessare l’esclusione?

Lucia Rocca · Accepted Answer

Question: Would the exemption apply if dangerous substances are used in the framework of the drilling operations or would such use amount to “chemical processing operations and storage related to those operations which involve dangerous substances”, to which the exemption does not apply?

Answer: A chemical process is a method intended to change the composition of chemical(s) or material(s). Thus the drilling activity itself, even where use is made of chemicals, such as methanol and propane, cannot be considered a “chemical processing activity”, as far as its aim is not to alter the composition of the materials to be extracted. The act of extraction would therefore normally be exempted from Seveso even where chemical substances are used.
Chemical processes are normally understood in relation to mining as being activities aimed at separating the valuable minerals or metals from the waste material which surrounds them. This takes place after extraction. Where these processing operations involve dangerous substances they are covered under Seveso and the storage of dangerous substances related to these processing operations should is also be covered.
However, Where, prior to the drilling, chemical processing activities take place which are aimed at somehow changing one or more chemicals or chemical compounds (in view of their use in drilling operations for instance), such operations, and the related storage of chemical substances also falls under Seveso.

Question 29

Quesito 001 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera a) D.Lgs. 105/15 [Art. 2(2)(a) Dir. 2012/18/UE] relativo all’ esclusione degli stabilimenti, impianti o depositi militari, l’esclusione si applica a stabilimenti in cui siano presenti sostanze pericolose e che:  (1) Non sono di proprietà o controllati dalle forze militari, ma conducono attività militari o servizi? (2) Non sono di proprietà o controllati dalle forze militari, ma forniscono beni militari o servizi alle forze armate? (3) Non sono di proprietà o controllati dalle forze militari e forniscono beni non-militari o servizi alle forze armate?  (4) Sono di proprietà o controllati dalle forze militari, ma conducono attività non-militari?

Lucia Rocca · Accepted Answer

Question: Does the exclusion cover establishments where dangerous substances are present and which are:
(1) not owned/controlled by the armed forces but performing military activities or services?
(2) not owned/controlled by the armed forces but supplying military goods or services to the armed forces?
(3) not owned/controlled by the armed forces and supplying non-military goods or services to the armed forces?
owned and/or controlled by the armed forces but performing non-military activities?

Answer: Member States who have fully ratified the ILO convention no 174 will be
expected to implement measures in accordance with this Convention. In areas which are not covered by the Seveso-III-Directive, e.g. pipelines, it is assumed that Member States are extending the scope of the Seveso-III-Directive in their national laws or taking appropriate separate initiatives.
Answer: Military establishments are excluded because their inclusion could have as a consequence the divulgation of information which could adversely affect public security or national defence.
The exclusion reflects Article 346 of the Treaty on the Functioning of the European Union (TFEU) according to which:
“1. The provisions of the Treaties shall not preclude the application of the following rules:
(a) no Member State shall be obliged to supply information the disclosure of which it considers contrary to the essential interests of its security;
(b) any Member State may take such measures as it considers necessary for the protection of the essential interests of its security which are connected with the production of or trade in arms, munitions and war material; such measures shall not adversely affect the conditions or competition in the internal market regarding products which are not intended for specifically military purposes.”
In the light thereof, the exclusion should apply to all sites where military operations take place or where military products are produced or where military products/equipment are present or stored, irrespective of whether these establishments are directly operated by the military/Ministry of Defence or by a private company under an arrangement with the military/Ministry of Defence (situations (1) and (2)).
It would also, in principle, apply to establishments owned or controlled by the military, irrespective of the type of activities taking place since such establishments have arguably been set up to serve military defence purposes (situation (4)).
It would not apply, however, to private companies supplying products or providing services to the military, which are not intended for specifically military purposes (situation (3)). Their situation would not differ from that of any other establishment handling or storing dangerous substances. These private companies are not expected to possess any information which would deserve protection under the exception of national defence/public security.
It is important to note that nothing would prevent a Member State from applying stricter rules than what is prescribed by the Directive – in accordance with Article 193 TFEU.

Question 30

Quesito 002 – 1/1/15 - UE - Con riferimento all’art. 2 comma 2 lettera e) D.Lgs. 105/15 [Art. 2(2)(e) Dir. 2012/18/UE] relativo all’esclusione dello sfruttamento, vale a dire l'esplorazione, l'estrazione e la preparazione di minerali in miniere e cave, anche mediante trivellazione, l'esclusione si applica se le sostanze pericolose sono usate nell’ambito delle operazioni di perforazione o l’uso di un certo quantitativo di "sostanze pericolose utilizzate nelle operazioni di trattamento chimico e stoccaggio" farebbe cessare l’esclusione?

Lucia Rocca · Accepted Answer

Question: Would the exemption apply if dangerous substances are used in the framework of the drilling operations or would such use amount to “chemical processing operations and storage related to those operations which involve dangerous substances”, to which the exemption does not apply?

Answer: A chemical process is a method intended to change the composition of chemical(s) or material(s). Thus the drilling activity itself, even where use is made of chemicals, such as methanol and propane, cannot be considered a “chemical processing activity”, as far as its aim is not to alter the composition of the materials to be extracted. The act of extraction would therefore normally be exempted from Seveso even where chemical substances are used.
Chemical processes are normally understood in relation to mining as being activities aimed at separating the valuable minerals or metals from the waste material which surrounds them. This takes place after extraction. Where these processing operations involve dangerous substances they are covered under Seveso and the storage of dangerous substances related to these processing operations should is also be covered.
However, Where, prior to the drilling, chemical processing activities take place which are aimed at somehow changing one or more chemicals or chemical compounds (in view of their use in drilling operations for instance), such operations, and the related storage of chemical substances also falls under Seveso.

Editoria

FAQ UNIONE EUROPEA

2015

Esclusioni

Definizioni

Generalità

2016

Domande generali sull’ambito di applicazione

Esclusioni

Sostanze pericolose

Generalità

Generalità

Generalità

Generalità

Argomenti trasversali

Allegato 1 parte 2 D.Lgs. 105/15 Sostanze pericolose specificate - Allegato I parte 2 Dir. 2012/18/UE

Prodotti petroliferi & combustibili alternativi

Argomenti connessi alle note dell’Allegato 1 D.Lgs. 105/15 - Allegato I Dir. 2012/18/UE

Generalità

Link agli Enti di riferimento per l’applicazione D.Lgs. 105/15

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