WRITTEN QUESTION E-2315/00

by Bart Staes (Verts/ALE) to the Commission

(11 July 2000)

Subject: Seveso II directive

In answer to my oral question No 64 (H-0469/00)(1), the Commission stated that the scope of the Seveso II directive had been both extended and simplified. This means that the manufacture and storage of pyrotechnical substances have been covered by this directive since 3 February 1999.

1. In what way has the Netherlands transposed these changes in national legislation? Have the changes been made within the period set by the Commission?

2. In what way has the Belgian Federation transposed these changes in national legislation? Have the changes been made within the period set by the Commission?

3. In what way has France transposed these changes in national legislation? Have the changes been made within the period set by the Commission?

4. In what way has Germany transposed these changes in national legislation? Have the changes been made within the period set by the Commission?

5. In what way has Ireland transposed these changes in national legislation? Have the changes been made within the period set by the Commission?

6. In what way has the United Kingdom transposed these changes in national legislation? Have the changes been made within the period set by the Commission?

7. In what way has Denmark transposed these changes in national legislation? Have the changes been made within the period set by the Commission?

8. In what way has Sweden transposed these changes in national legislation? Have the changes been made within the period set by the Commission?

9. In what way has Spain transposed these changes in national legislation? Have the changes been made within the period set by the Commission?

10. In what way has Portugal transposed these changes in national legislation? Have the changes been made within the period set by the Commission?

11. In what way has Greece transposed these changes in national legislation? Have the changes been made within the period set by the Commission?

12. In what way has Luxembourg transposed these changes in national legislation? Have the changes been made within the period set by the Commission?

(1) Answered in writing on 13 June 2000.

Answer given by Mrs Wallström on behalf of the Commission

(7 September 2000)

According to its Article 24, Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances(1) had to be implemented (transposed and applied) by Member States by 3 February 1999 at the latest. The Commission would like to emphasise that the transposition period of two years from the entry into force of the Directive was decided by the Council upon adoption of the Directive, and not by the Commission. By 3 February 1999, the Commission had not received a single notification of transposing laws, regulations and administrative provisions from the Member States.

Since then, several Member States have communicated their transposing legislation to the Commission. However, infringement proceedings are pending against nine Member States concerning non-communication of transposing measures. In six of the nine cases, the Commission has recently decided to bring the matter before the Court of justice either for non-communication or for incomplete communication (Belgium, Germany, Ireland, Luxembourg, Austria and Portugal). In parallel, conformity assessments of the communicated transposing legislation are being carried out by the Commission.

(1) OJ L 10, 14.1.1997.