WRITTEN QUESTION E-1024/01

by Richard Corbett (PSE) to the Commission

(30 March 2001)

Subject: Application of Seveso II legislation

Is the Commission aware of any significant differences in the application of the Seveso II legislation by the Member States? Is it aware of allegations that this Directive is being enforced far more strictly in some Member States than in others? Does it share that view? if so, what evidence does it have to back up its position?

Answer given by Mrs Wallström on behalf of the Commission

(29 May 2001)

The Commission has received neither objective information nor allegations about significant differences in application and enforcement of the Seveso II legislation by the Member States.

For the reasons given below it is probably premature to focus on possible discrepancies in the application of the Seveso II legislation (Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances(1)). Indeed, transposition is not yet completed in the Member States and the notified legislation fails in several respects to correctly fulfil the Directive's requirements.

The Commission as guardian of the EC Treaty has to ensure that the provisions of the EC Treaty and the measures taken by the institutions pursuant thereto are applied (Article 211 (ex Article 155) of the EC Treaty).

The Commission consequently pursues all cases where Member States do not

- communicate transposition of Community directives on time (non-communication),

- transpose Community directives correctly or completely (non-conformity), and

- apply the Community law (directives, regulations etc.) as required (bad application).

The Commission opened infringement procedures against all Member States which did not communicate (full) transposition of the Seveso II Directive in 1999. At present six procedures of this type are still open due to the ongoing failure of the Member States concerned to adopt the required national legislation (five are before the Court of Justice, one has been sent a Reasoned Opinion).

The Commission has moreover assessed the conformity of the measures notified by Member States and has addressed letters requiring additional information from those Member States where the Commission had doubts about correct transposition. Furthermore a technical analysis of the transposition of Annex I in all transposing laws or regulations is being carried out. Based on these results (responses by Member States and technical evaluation of Annex I transposition) it is very likely that the Commission will also open non-conformity procedures regarding the transposition of the Seveso II Directive.

With respect to the third type of infringements, bad application, an assessment of the application in all Member States appears for the time being premature since one third of the Member States have not transposed the Directive and the transposition seems also to be not very satisfactory in many cases. In general, the primary source of information about bad application of Community law consists of complaints by European citizens and non-governmental organisations (NGOs). In addition, the Commission undertakes where appropriate external studies which are normally focused on certain important aspects of the application of a directive. The Commission could for example assess the application of the Seveso II Directive or certain aspects of it, as e.g. review and test of external emergency plans, land use planning, information duty, system of inspections, once the conformity of the legislation has been assessed and action taken.

(1) OJ L 10, 14.1.1997.