COMMISSION IMPLEMENTING DECISION (EU) 2022/1979

of 31 August 2022

on establishing the form and databases for communicating the information referred to in Articles 18(1) and 21(3) of Directive 2012/18/EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances and repealing Commission Implementing Decision 2014/895/EU

(notified under document C(2022) 6124)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC (1), and in particular Article 21(5) thereof,

Whereas:

(1) In accordance with Article 18(1) of Directive 2012/18/EU, Member States are to inform the Commission of the major accidents which have occurred within their territory and which fulfil the criteria of Annex VI to this Directive, using the specific form set out in the Annex to Commission Decision 2009/10/EC (2).

(2) In accordance with Article 21(3) of Directive 2012/18/EU, Member States are also to supply the Commission with certain information regarding establishments covered by that Directive, using the specific form set out in the Annex to Commission Implementing Decision 2014/895/EU (3).

(3) To report the information referred to in Articles 18(1) and 21(3) of Directive 2012/18/EU, Member States are to use the databases referred to respectively in Article 21(3) and (4) of that Directive that are to be set up and kept up to date by the Commission.

(4) According to Article 2 of Regulation (EC) No 401/2009 of the European Parliament and of the Council (4), the European Environment Agency (EEA) is, in the context of the European Environment Information and Observation Network (Eionet), to collect, process and analyse the data, in particular on the quality of and pressures on the environment, as well as on the chemicals that are hazardous for the environment. In order to increase the synergies with the existing databases developed by the EEA, consolidate information on the environmental impacts stemming from these plants, enhance the quality of the information made available to the public and policy makers and facilitate the identification of potential risks (e.g. domino effects), it is appropriate that the EEA sets up and keeps up to date, on behalf of the Commission, the databases referred to in Article 21(3) and (4) of Directive 2012/18/EU. Member States should use these databases when reporting the information referred to in Articles 18(1) and 21(3) of Directive 2012/18/EU.

(5) The report forms and databases used pursuant to Directive 2012/18/EU should allow for the communication and availability of streamlined information which is submitted by Member States, in order to maximise the accuracy, usefulness and comparability of the information provided and minimise the administrative burden for Member States, whilst also respecting the requirements set out in Directive 2007/2/EC of the European Parliament and the Council (5).

(6) In order to maximise the synergies of the information provided by Members States with the reporting set out for similar industrial plants, the report forms and databases should be similar to, and compatible with those used for reporting under Directive 2010/75/EU of the European Parliament and of the Council (6) and under Regulation (EC) No 166/2006 of the European Parliament and of the Council (7), whose format, frequency and content is respectively established by Commission Implementing Decision (EU) 2018/1135 (8) and by Commission Implementing Decision (EU) 2019/1741 (9).

(7) To achieve these objectives, it is appropriate that the report form that Member States are to use when providing the information on establishments referred to in Article 21(3) of Directive 2012/18/EU, as set out in Implementing Decision 2014/895/EU, is updated. Thus, Implementing Decision 2014/895/EU should be repealed accordingly.

(8) The development by the EEA of the two databases referred to respectively in Article 21(3) and (4) of Directive 2012/18/EU should be completed by 31 December 2025. That is why the reporting of the information referred to in Articles 18(1) and 21(3) of that Directive should only start after that date.

(9) The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 27 of Directive 2012/18/EU,

HAS ADOPTED THIS DECISION:

Article 1 1. The European Environment Agency shall, on behalf of the Commission, set up and keep up to date the electronic databases referred to in Article 21(3) and (4) of Directive 2012/18/EU. 2. For the purpose of the reporting in accordance with Articles 18(1) and 21(3) of Directive 2012/18/EU, Member States shall use the electronic databases referred to in paragraph 1 of this Article. 3. Member States shall use the report form laid down in the Annex to this Decision when providing the information on establishments referred to in Article 21(3) of Directive 2012/18/EU. 4. Member States shall ensure that the information supplied to the Commission in accordance with paragraph 3 of this Article is updated regularly.

Article 2 Implementing Decision 2014/895/EU is repealed with effect from 31 December 2025. References to the repealed Decision shall be construed as references to this Decision.

Article 3 Article 1(1) shall apply from 1 January 2023. Article 1(2) to (4) shall apply from 1 January 2026.

Article 4 This Decision is addressed to the Member States.

Done at Brussels, 31 August 2022. For the Commission Virginijus SINKEVIČIUS Member of the Commission

(1) OJ L 197, 24.7.2012, p. 1.

(2) Commission Decision 2009/10/EC of 2 December 2008 establishing a major accident report form pursuant to Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances (OJ L 6, 10.1.2009, p. 64).

(3) Commission Implementing Decision 2014/895/EU of 10 December 2014 establishing the format for communicating the information referred to in Article 21(3) of Directive 2012/18/EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances (OJ L 355, 12.12.2014, p. 51).

(4) Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (OJ L 126, 21.5.2009, p. 13).

(5) Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).

(6) Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).

(7) Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 2006 concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC (OJ L 33, 4.2.2006, p. 1).

(8) Commission Implementing Decision (EU) 2018/1135 of 10 August 2018 establishing the type, format and frequency of information to be made available by the Member States for the purposes of reporting on the implementation of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (OJ L 205, 14.8.2018, p. 40).

(9) Commission Implementing Decision (EU) 2019/1741 of 23 September 2019 establishing the format and frequency of data to be made available by the Member States for the purposes of reporting under Regulation (EC) No 166/2006 of the European Parliament and of the Council concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC (OJ L 267, 21.10.2019, p. 3).