LES ANNALES DES MINES
Responsabilité
& Environnement n°45 January
2007
FOR OUR
ENGLISH-SPEAKING
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Introduction :
Five years
later
Five
years after the AZF chemical plant in Toulouse, France, exploded, what
has the
act of 30 July 2003 on the prevention of technological and natural
risks
changed ?
Nicolas
Dechy, Didier Gaston and Olivier
Salvi The
AZF catastrophe has left lasting marks in memories. It was a traumatic
experience for the inhabitants of Toulouse. Although the inquiry into
the
causes has not yet cleared up all questions, this event along with the
law
adopted thereafter has opened the way toward the sustainable
development of
industry and urban areas. It has enabled France to be the first in
Europe to
strike out in a direction now supported by the European Parliament,
which,
drawing conclusions from Enschede and Toulouse, has acknowledged the
Seveso
directive’s limitations. Given that risks cannot be reduced to zero,
how to
move toward a rationale of “fending off risks” ? Reports from the
National
Institute of Industrial Environment and Risks (INERIS) serve as the
basis for
this description and assessment of this catastrophe’s consequences.
Anni Borzeix
and Laure Amar A
catastrophe often has an impact that lasts long beyond its immediate
effects.
Five years later, what consequences has the AZF explosion had for
persons
living near the plant ? How have arrangements worked that were set
up a
month after the accident for taking the victims “in charge” and
indemnifying
them swiftly, flexibly and fairly ? How did the victims experience
them ?
Why did the information they received often turn out to be insufficient
or
inadequate ? Feedback from these arrangements…
Lionel
Joubaud Following
the AZF accident, the act of 30 July 2003 on the prevention of
technological and natural risks intended to make industry and
urbanization
compatible and to cope with the most unacceptable situations inherited
from the
past. A noteworthy part of this act is the plan for preventing natural
and
technological risks with its three aspects for developing industry in
an urban
environment: reducing risks at the source, controlling urbanization and
undertaking joint efforts. What conclusions to draw about such a recent
measure ?
What advances have taken place ? What questions (in particular,
about
funding) have been left hanging ? Initial responses from the
pioneering
experiment conducted at Mazingarbe in northern France.
Denis Dumont Since
the start of industry, engineers have worked on the technical aspect of
accidents so as to reduce their frequency and effects. To draw lessons
from
this history, a dialogue must be organized in factories; and lines of
communication, opened with society. Twenty years ago, engineers laid
emphasis
on the sensitive question of managing human organizations. Nowadays,
they need
to be aware of communication problems. Reducing accidents depends on
society as
a whole learn abouting the technological risks to which it is exposed
and
actively taking part in managing them.
Pierre
Charpentier and Olivier Gupta Three
Mile Island in 1979 and Chernobyl in 1985: accidents, questions and
advances in
risk management have marked the history of civilian uses of the atom.
Probability studies on the safety of reactors, control over
organizational and
human factors, and EU “harmonization”: three examples of implementing a
policy
for continually improving safety conditions in reactors under the
control of
the French Nuclear Safety Authority (ASN, Autorité de
Sureté Nucleaire)… and
three illustrations of the benefits of international cooperation and of
collaboration with other industries. Here too, we can advance only by
paying
close attention to what is being done “elsewhere”.
An
agenda for strategic research on industrial safety Olivier
Salvi, Eric Charikane, Didier
Gaston and Georges Katalagarianakis Our
societies are calling for industry to improve its safety record. In turn, industry has demanded support for research on
safety,
which, at the junction between technical expertise and business, cannot
be
separated from a strategic policy of industrial innovation in Europe.
The EU’s technological platform on industrial safety and its national
counterparts has satisfied this demand. At stake: reducing the number
and
impact of accidents, and keeping abreast of technological innovations.
Initial
results are encouraging. But for safety to be seen as a driving force
in
innovation and a factor of productivity, a major cultural change still
has to
take place. The road is long, but do we have any choice other than
sustainable
industrial development ?
Jean-Marc
Jaubert What
provisions does the act of 30 July 2003 contain ? What is
going to
change for those who operate industrial plants ? The keystone in
the whole
process: dangers will be studied; and risks, fully analyzed in all
their
complexity. The plans for preventing technological risks (PPRT) are the
key
feature in the law. As a means for managing urbanization, they are to
reinforce
over time the coexistence between industry and the residential
environment. The
act also provides for setting up local committees of information and
cooperation (CLIC). Studies of the AZF accident
in Toulouse
have infused the law with three major themes: risk analysis, the
consequences
for urbanization, and the degree of acceptability by society.
The 2003
act offers a response… but halfway measures must be avoided.
Myriam Merad The
accident in Toulouse on 21 September 2001 exposed the shortcomings of
regulations on industrial risks, but also provided the occasion for
modernizing
safety measures thanks to the act of 30 July 2003. Joint efforts
in France
often arise out of the laws, decrees and circulars that condition the
phases,
modalities and forms of coordination. By setting up local committees of
information and cooperation (CLIC), the state has recognized and
redefined the
place for joint efforts and coordination between the parties involved
in
preventing industrial risks. Room has been made for local parties,
communes,
associations and citizens; and funding, allocated for their actions.
However
this new setup must not overlook the history of cooperation in local
areas
where industry has left deep imprints.
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Did
you say “citizen participation and information” ? Lothaire
Zilliox With
its provisions for local committees of information and cooperation
(CLIC), the
act of 30 July 2003, in its response to the AZF accident, intended
to
reinforce information and cooperation in industrial areas where at
least one
plant is rated as high (“Seveso”) risk. The intent is to collectively
learn
from technological risks and invent new forms of ongoing dialogue
between the
public, manufacturers, authorities, scientists and journalists. Will this open, pluralistic, permanent dialogue, as
put into
practice by the Secretariat for Preventing Industrial Pollution
(SPPPI), be
conducted in symbiosis with the CLICs recently set up at the local
level ? Five years later, the memory of the accident in
Toulouse
leaves no other
choice.
Christine
Gilloire Are catastrophes needed to make the law change ? Following the AZF explosion in 2001, modifications were introduced in the act of 1976 on classifying installations to protect the environment; and a major reform was made with the act of 30 July 2003 on the prevention of technological and natural risks. This law lays down a new method for assessing industrial risks and improves safety conditions for those who live near or work in dangerous factories. However short-term economic interests still prevail in matters related to health and the environment. To strike a balance between business and safety, the principle of prevention has to be enforced; and polluters, made to pay. For this reason, France Nature Environment is calling for a rapid transposition into French law of the EU directive on environmental responsibility. Notification:
The guarantee of a “statute of limitations” for plant operators Me
Hercé What
are the consequences of the formal notification served to the operators
of
plants classified as dangerous ? What rights and obligations does
the
operator have ? What are the administration’s ? A long,
winding law
suit has provided an administrative law judge with the opportunity to
grant, by
successive interventions, these notices a special status. Although
several
points have been clarified, ambiguities still persist, in particular
with
regard to time limits. According to courts of administrative law, a
notification extends a substantial guarantee to plant operators who
cannot,
therefore, be deprived of its benefits.
Michel Turpin The
act on risks adopted in 2003 in reaction to the explosion in Toulouse
might
advance the cause of safety in industry. Regardless of the efforts made
however, risks are and will remain an unavoidable consequence of human
activities. Beyond complying with regulations or adopting the right
practices
or rules, controlling risks means running counter to a production
process that
is always stronger than the concern for safety. Adaptations must be
made to
increasingly complicated systems and to firms in a permanent state of
flux. We
must fight against inertia, routines, complacency and the taboos
created by our
culture. How to do this ? By relentlessly paying attention to
education
and training, by involving all the personnel and by accepting a
comparison with
peers.
Paul-Henri
Bourrelier In
1895, Arrhenius, a Swedish scientist, estimated how much using coal as
a fuel would eventually raise the atmosphere’s temperature. A few
decades later, Gibon, an English economist, erroneously predicted that
British
coal reserves would run out within a century — the right horizon
but the
wrong figures. Eighteen years ago, Bourrelier’s Le mobile et la
planète ou
l’enjeu des ressources naturelles presented the problem of CO2
and CH4 emissions as being symmetrical to that of the
depletion of
oil reserves. At stake was the right management for the planet’s
limited
resources and the geopolitics of the profits generated by them. By
taking this
as our bearings, we can examine the distance covered since then and
investigate
the four points that stand out in this debate.
Henri
Prévot Biofuels
or “bioheat” ? To reduce greenhouse gas emissions, it is better to
concentrate on bioenergy and to let the economy find the best method.
It would
be more effective to devote the efforts required of those who use motor
vehicles to tapping the biomass as a source not of biodiesel fuel but
of heat
instead.
Patrick
Nollet To
continue playing a leading role in developing an effective policy for
fighting
against climatic change, it is urgent for the EU to improve the
efficiency, in
both economic and environmental terms, of its system of tradeable
emission
permits. A few proposals are made for this purpose. Minor modifications
of the
system do not suffice. A global, long-term,
gradual EU
policy on greenhouse gases must be worked out that is based on a
“globality of
efforts” and long-term objectives.
Gérard
Bertolini An
unstoppable process of concentration is threatening competition in the
wastes
market. This phenomenon, though not new, has sped up and is changing
scale.
Mergers are giving birth to bigger multinational groups that are being
restructured in various shapes. American groups are specialized whereas
the
leading groups in Europe (especially the French ones) are diversified —
most of
their business coming from energy and water instead of wastes. What
will result
from all this ? How will high finance and investment funds, given
their increasing
role, affect stability in this sector ?
Yann Aguila A
July 2006 decision by the Conseil d’État, the top judiciary in
French
administrative law, has confirmed the conditions under which the public
administration should exercise tight oversight over the financial
backing of
demands for mining licences. In this case, a lower court turned down
the
request for a licence to mine gold and related minerals on the grounds
that the
company did not have sound financial backing. The firm appealed to the
Conseil
d’État, but the latter upheld the lower court’s ruling. We thank
Yann Aquila,
whose arguments served as the basis for this decision, for allowing Annales
des Mines to publish his conclusions.
Minutes of the meeting of the
Club des
Annales des Mines held at the École des Mines in Paris,
13 June 2006 This
meeting was headed by Paul-Henri Bourrelier, a member of the French
Association
for Preventing Natural Catastrophes and chief mining engineer.
Participants
included: Gilles Strappazon (mayor of
Saint-Barthélemy-de-Séchilienne),
Philippe Huet (chief engineer in the Service of Water and Forests and a
member
of the General Inspection of the Environment), Yvette Veyret (professor
of
geography), Thierry Trouvé (delegate of Major Risks in the
Ministry of Ecology
and Sustainable Development) and Philippe Dumas (a member of the
General
Inspection of Finances). |
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