S.L. 646.12 Art. 10Emergency plans.

(1) Every operator shall ensure that, for all upper-tier establishments:

(a) an internal emergency plan for the measures to be taken inside the establishment is drawn up;

(b) the necessary information is supplied to the competent authority, to enable the Civil Protection Department to draw up external emergency plans.

(2) Operators shall comply with the obligations set out in sub-regulation (1)(a) and (b) within the following time-limits:

(a) for new establishments, a reasonable period of time prior

*revoked by these Regulations. to the start of construction or operation, or prior to the modifications leading to a change in the inventory of dangerous substances;

(b) for existing upper-tier establishments, by 1 June 2016 unless the internal emergency plan drawn up under the requirements of the Control of Major Accident * Hazards Regulations, 2003 before that date, and the information contained therein, and the information referred to in sub-regulation (1)(b) complies with this regulation and has remained unchanged;

(c) for other establishments, two years from the date from which these regulations apply to the establishment concerned.

(3) The emergency plans shall be established with the following objectives:

(a) containing and controlling incidents so as to minimise the effects, and to limit damage to human health, the environment and property;

(b) implementing the necessary measures to protect human health and the environment from the effects of major accidents;

(c) communicating the necessary information to the public and to the services or authorities concerned in the area;

(d) providing for the restoration and clean-up of the environment following a major accident. Emergency plans shall contain the information set out in Schedule IV.

(4) The operator shall ensure that the internal emergency plans provided for in these regulations are drawn up in consultation with the personnel working inside the establishment, including long-term relevant subcontracted personnel.

(5) The Civil Protection Department shall ensure that the public concerned is given early opportunity to give its opinion on external emergency plans when they are being established or substantially modified. The Civil Protection Department, in terms of article 4 of the Civil Protection Act, relating to the preparation of contingency plans, shall draw up an external emergency plan as specified in Schedule IV for the measures to be taken outside the establishment within two years following receipt of the necessary information from the operator pursuant to sub-regulation (1)(b).

(6) A person or entity who has prepared an emergency plan pursuant to a duty imposed by these regulations shall ensure that internal and external emergency plans are reviewed, tested, and where necessary updated at suitable intervals of no longer than three years. The review shall take into account changes occurring in the establishments concerned or within the emergency services concerned, new technical knowledge, and knowledge concerning the response to major accidents.

*revoked by these Regulations. With regard to external emergency plans, the Civil Protection Department shall take into account the need to facilitate enhanced cooperation in civil protection assistance in major emergencies.

(7) The operator and, if necessary, the competent authority shall ensure that emergency plans are put into effect without delay when a major accident occurs, or when an uncontrolled event occurs which by its nature could reasonably be expected to lead to a major accident.

(8) The competent authority may decide, giving reasons for its decision, in view of the information contained in the safety report, that the requirement to produce an external emergency plan under sub-regulation (1) shall not apply.

(9) Where an exemption has been given under sub-regulation (8), the competent authority shall, for the purposes of these regulations and while the exemption is in force, have no function in relation to the preparation, review, testing and putting into effect of an off-site emergency plan for the establishment concerned.