WRITTEN QUESTION E-1967/98

by Kenneth Coates (GUE/NGL) to the Commission

(30 June 1998)

Subject: Control of major accident hazards

How do Council Directives 88/610/EEC(1) and 96/82/EEC(2) relate to the emergencies on 14 and 30 May 1998 at the waste treatment plant in Killamarsh in my constituency which is owned by SARP UK, a subsidiary of Vivendi, when 100 metre orange-coloured clouds of nitrogen dioxide were released over the Sheffield conurbation, following failures, first in a haulage tanker containing nitric acid, and later in a storage tank?

What action can the Commission take in relation to these incidents? Will the Commission investigate? Do other Directives bear on this problem?

Answer given by Mrs Bjerregaard on behalf of the Commission

(3 September 1998)

The Commission has investigated the two incidents in question and has received full information from the British authorities. In view of the limited consequences of the two incidents the Commission does not intend to investigate them itself.

The site is subject to the requirements of the Health and Safety at Work Act 1974 which places duties on SARP (United Kingdom) Ltd. to ensure, so far as is reasonably practicable, the health and safety of its employees at work and members of the public.

The site has permits issued by the Environmental Agency under the Environmental Protection Act 1990. This Act implements the provisions of Council Directive 84/360/EEC of 28 June 1984 on the combating of air pollution from industrial plants(3) and the permits seek to control activities in such a way as to minimise their environmental impact.

Directive 84/360/EEC does not contain any provisions specifically relating to accidents. It will be repealed by Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control(4) (so-called integrated pollution prevention and control (IPPC) Directive). This Directive, which comes into force in 1999, includes the obligation that "the necessary measures are taken to prevent accidents and limit their consequences", as well as "the need to prevent accidents and to minimise the consequences for the environment".

The site is not subject to the requirements of the Control of Industrial Major-Accident Hazards Regulations 1985 which implement Council Directive 82/501/EEC as amended by Council Directives 87/216/EEC of 19 March 1987(5) and 88/610/EEC of 24 November 1988 on the major-accident hazards of certain industrial activities(6) (so-called Seveso Directive). However, the Health and safety executive (HSE) understands that the company has been in touch with Derbyshire County Council's emergency planning department with a view to voluntarily preparing an off-site emergency plan. Moreover, HSE is currently discussing with the company whether the requirements of Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances (so-called Seveso II Directive) will apply to the site. This new Directive, which will replace Directive 82/501/EEC from February 1999, generally applies to waste treatment plants within certain threshold quantities of specified dangerous substances. The only exclusion relevant in this case relates to waste land-fill sites.

Council Directive 75/442/EEC of 15 July 1975(7) on waste requires Member States to take the necessary measures to ensure that waste is recovered or disposed of without endangering human health and without harming the environment and in particular without risk to water, air or soil. Member States shall ensure appropriate periodic inspections of undertakings which carry out recovery or disposal of waste operations.

(1) OJ L 336, 7.12.1988, p. 14.

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

(3) OJ L 188, 16.7.1984.

(4) OJ L 257, 10.10.1996.

(5) OJ L 85, 28.3.1987.

(6) OJ L 336, 7.12.1988, p. 14.

(7) OJ L 194, 25.7.1975.