Formalisation BRZOPLUS to an appropriate form
Summary
When implementing the Decree on the prevention of major accidents 2015 (hereafter referred to as Brzo), cooperation between various government authorities is an important factor. The BRZO+ has been set up in order to give shape to the cooperation between the parties involved in the implementation of the Brzo.
Uncertainties regarding its mission, financing, capacity and the mutual relationships of participating parties make it difficult for BRZO+ to carry out its mission in a robust and future-proof manner. There is consensus among those involved that BRZO+ is ready for a new step by further formalising the cooperation that BRZO+ embodies.
The aim of this investigation is to map out Brzo supervision and to explore which form of cooperation is best suited for this purpose. The study aims to answer the following questions:
- How does the legal structure between principals and Brzo supervisors (BRZO+) work now?
- What are the powers and responsibilities and what are the mandates in this respect?
- Are there other examples of partnerships that have been formalised?
- What lessons can we learn from this?
First of all, the current structure of Brzo supervision is mapped out in which, among others, the environmental services (mandated by the provinces), the safety regions and the Social Affairs and Employment Inspectorate play an important role. In view of the goal of further formalisation, the current situation was then related to a new form of cooperation to be determined.
From all possible forms of cooperation, three forms were selected and tested for suitability, feasibility and acceptance, namely (a) a decision by the Administrative Council for the Environment (Bestuurlijk Omgevingsberaad or BOb), a management covenant and an independent administrative body (zbo).
This study shows that a management covenant is the most appropriate option for formalising BRZO+. This administrative covenant offers a suitable means of regulating a number of matters:
- Commissioned by BRZO+
- Governance of BRZO+ (management philosophy and structure)
- Cooperation between BRZO+ system managers and clients
- Cooperation BRZO+ participants/supervisors
- Funding
- Guarantees for the proportionate contribution and control of participants
It is recommended that the administrative covenant is concluded between the parties that are directly involved, i.e. the provinces, I&W, J&V and SZW, and that other parties are allowed to join later if possible. This could, for example, be done in an addendum to the administrative covenant. This has the advantage that the necessary changes can be made at the desired pace.
