Quesito 003 – 1/1/15 – UE – Con riferimento all’art. 3 comma 1 lettera a) D.Lgs. 105/15 [Art. 3(1) Dir. 2012/18/UE] relativo alla definizione di stabilimento, due aree sotto il controllo dello stesso gestore e separate solo da una strada sono da considerare un unico stabilimento?

Question: Would two areas under the control of the same operator and separated only by a road be considered as one establishment?

Answer: Two areas under the control of the same operator where dangerous substances are produced, used, handled or stored are to be considered as one establishment, in particular for the purpose of calculating the thresholds, even if a road separates both areas.

It follows from the definition of “installation” that warehouses or similar structures would also be part of the installation and thus of the establishment. Such warehouses are frequently situated at a certain distance from the other parts of the installation/establishment, often separated from these by a (private) road. The fact that it would be a public (and not a private) road which runs through the area where several installations of a same establishment are situated, should not allow to circumvent the rules for calculating the thresholds, since it would be contrary to the spirit and the objectives of the Directive, which is to prevent accidents resulting from the accumulated presence of dangerous substances present in one or more installations of an establishment, whether or not these installations are separated from each other by a private or public road.