WRITTEN QUESTION E-2926/01

by Hiltrud Breyer (Verts/ALE) to the Commission

(24 October 2001)

Subject: Answer to Question No. E-1568/01 Application and amendment of Directives 96/82/EC and 96/61/EC

It is not possible to share the Commission's view that the Directive concerning integrated pollution prevention and control (IPPC) is not the appropriate instrument for improving safety at installations for the production and/or storage of fireworks materials for the following reasons.

The argument that the reports on best available techniques focus mainly on emission control is not, in my view, convincing. The obligations of operators of installations covered by the IPPC Directive include taking the necessary measures to prevent accidents and limit their consequences (Article 3(e)). In determining best available techniques, the need to prevent accidents and to minimise the consequences for the environment must also be taken into account (Annex VI, point 10).

In principle, therefore, the reports on best available techniques should also set out the necessary measures to prevent accidents and the measures to be taken should an accident nevertheless occur.

1. How does the Commission intend to correct its guidelines for drawing up these reports so that the requirements already set out in the Directive are satisfied in practice?

2. The investigation into the Enschede explosion established that the authorities responsible for licensing and inspection had no specific knowledge about the dangers of fireworks materials or the necessary safety measures to be taken at production or storage facilities; advice from experts was also inadequate. What measures will the Commission take to ensure that the instruments provided under the IPPC Directive such as comprehensive applications for permits, conversion of existing installations to meet the standard of the best available techniques are applied?

3. When does the Commission propose to make the necessary amendments to the IPPC Directive so that it also applies to installations for the production and/or storage of fireworks materials?

Answer given by Mrs Wallström on behalf of the Commission

(12 December 2001)

1. Indeed in its Annex IV, Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control(1) requires that in determining best available techniques the need to prevent accidents is taken into account. The Commission considers that the requirements of the Directive are adequately reflected in the current guidelines(2) for the exchange of information between Member States and the industries concerned. Members of working groups that exchange information are asked to consider if the use of a certain technique may involve a risk of accidents. Thus, working groups do not just consider chronic emissions but also the risk of accidental pollution where relevant, e.g. in reference documents covering the chemical industry and in the reference document on emissions from storage. However, the information provided so far more often addresses chronic emissions than accidental pollution.

2. The Enschede explosion happened on a site that was outside the scope of Directive 96/61/EC. Therefore, as regards the application of the provisions of the Directive at fireworks production and storage sites, the only measure that the Commission could take at this stage is to make a proposal for an amendment of the Directive.

3. The Commission is currently carrying out a comparative study of the scope of environmental licensing systems in the Member States. The purpose is to assess for which activities harmonisation is justified. The first statutory evaluation report on the implementation and effectiveness of Directive 96/61/EC will be published in the Official Journal at the latest in April 2004.

However, before proposing to expand the scope to certain installations for the production and/or storage of fireworks materials, it is necessary to analyse whether the same objectives cannot be reached through the implementation of the Seveso II Directive(3), which should be revised as previously mentioned in the answer to the Honourable Member's Written Question E-1568/01(4).

The March 2001 workshop on pyrotechnic and explosive substances, referred to in the above-mentioned answer, concluded that fireworks pose a challenge in terms of the application of appropriate safety provisions to storage installations. In particular, concern over the increased hazard that may result when pyrotechnics are stored in bulk, in heavy confinement, or are stored together with highly explosive materials is relatively recent. Some competent authorities may not be aware of these concerns and there does not yet exist enough knowledge of how and when these hazards are created to form a consensus on appropriate remedies. It might be useful for Member States to exchange information on best practices for fireworks storage to support the efforts of licensing authorities to impose appropriate safety requirements on fireworks installations.

(1) OJ L 257, 10.10.1996.

(2) Available from http://eippcb. jrc. es/pages/FActivities. htm.

(3) Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances, OJ L 10, 14.1.1997.

(4) OJ C 364 E, 20.12.2001, p. 148.