WRITTEN QUESTION E-1568/01

by Hiltrud Breyer (Verts/ALE) to the Commission

(29 May 2001)

Subject: Application and amendment of Directives 96/82/EC and 96/61/EC

Investigations into the explosion at the fireworks factory in Enschede on 13 May 2000 led to the conclusion that:

- Annex I to Directive 96/82/EC(1) does not make it clear that figure 4 also covers fireworks materials,

- the special risks section in Directive 67/548/EEC(2) is not by itself adequate for the assessment of the hazards arising from fireworks materials,

- the requirements for the establishment, operation and monitoring of fireworks factories vary from one Member State to another.

1. Will the objective of Directive 96/82/EC be attained if hazardous substances, when used, are also taken into account if they constitute parts of products or substances and/or are such themselves (not only in the case of fireworks materials)?

2. Does the Commission deem it appropriate to change the reference in Annex I to Directive 96/82/EC in such as way that hazardous substances and preparations should also be taken into account if they constitute parts of products or substances and/or are such themselves? If not, why not?

3. Does the Commission see any possibility, when it renews Directive 96/82/EC, of supplementing Annex I to Directive 96/61/EC(3) in such a way that that Directive also applies to factories where explosive substances, preparations and products, etc. are produced, processed, stored or destroyed, so that a document may be drawn up setting out uniform safety, authorisation and inspection requirements for such factories based on best practice technology?

(1) OJ L 10, 14.1.1997, p. 13.

(2) OJ B 196, 16.8.1967, p. 1 (p. 234 of the 1967 Special Edition).

(3) OJ L 257, 10.10.1996, p. 26.

Answer given by Mrs Wallström on behalf of the Commission

(24 July 2001)

1. Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (hereafter Seveso II Directive) applies to establishments where explosive substances are present in quantities of 50 or more tonnes, as set out in Annex I, Part 2, No 4 of the Directive. According to Note 2 (a) to Annex I, Part 2, the term explosive covers, amongst others, substances or mixtures of substances designated to produce heat, light, sound, gas or smoke or a combination of such effects through non-detonating self-sustained exothermic chemical reactions (pyrotechnic substances) and pyrotechnic substances or preparations contained in objects. Furthermore, Article 3, No 4 defines the term dangerous substance as meaning, inter alia, a substance, mixture or preparation present as a raw material, product, by-product, residue or intermediate.

Therefore, the Commission considers that the Seveso II Directive also covers hazardous substances that constitute parts of products or preparations.

2. As already explained in the answer to the previous question, the Commission considers that the Seveso II Directive already covers hazardous substances that constitute parts of products or preparations. However, in the light of the Enschede accident, the Seveso II Directive needs to be amended.

Although the company Fireworks SE had an operating licence for 159 tonnes of fireworks, the establishment did not come under the Seveso II Directive. This is due to the fact that the calculation of the qualifying quantities only takes the presence of pyrotechnic substances into account, i.e. not the packaging, etc. In the case of Fireworks SE, these added up to around 48 tonnes, just short of qualifying the establishment as a lower tier establishment under the Directive.

Following the accident, the Commission organised two seminars on explosives and pyrotechnic substances that were held at Marseille on 27 September 2000 and at the Joint Research Centre (JRC) of the Commission at Ispra/Italy on 28/29 March 2001. Summary reports of the seminars can be received from the Major Accident Hazards Bureau (MAHB) established within JRC (http://mahbsrv.jrc.it).

The reports suggest to make use of the classification system operated under the United Nations European Agreement concerning the International Carriage of Dangerous Goods by Road (UN/ADR) for the purposes of defining the scope of the Seveso II Directive and to significantly decrease the qualifying quantities for explosive and pyrotechnic substances with a mass explosion hazard. On the other hand, the reports acknowledge that the classification of explosive and pyrotechnic substances itself is treated differently in different Member States and that imported explosive and pyrotechnic products are often incorrectly classified and labelled.

The reports, together with comments from the various stakeholders from industry, public authorities and environmental organisations received during a public consultation process on a draft proposal for a Directive amending the Seveso II Directive, will constitute an important input for the Commission services in order to revise the draft proposal. Its adoption by the Commission is scheduled for September 2001.

3. Council Directive 96/61/EC of 24 September 1996, concerning integrated pollution prevention and control (hereafter IPPC Directive) does cover the production of explosives in so far as it is part of chemical industry, and it can be expected that the ongoing exchange of information on best available techniques for prevention and control of emissions will include the relevant chemical processes. However, a typical installation that produces and/or stores fireworks would not be covered by this Directive.

The Commission has doubts as to the usefulness of covering these activities under the IPPC Directive as reference documents on the best available techniques developed under this directive mainly focus on emission control. Authorisation and inspection issues are not subject of these documents. The Commission believes that the Seveso II Directive is the most appropriate instrument for major-accident hazard control in facilities where explosive and pyrotechnic substances and materials are produced and stored.