WRITTEN QUESTION No. 3913/97 by Hiltrud BREYER to the Commission. Seveso directive
Date: 1997-12-11
Institutions: BREYER, European Parliament
Subjects: application of EU law, dangerous substance, environmental impact, environmental risk prevention, industrial hazard, pollution control measures, safety standard

C 304/4

EN

Official Journal of the European Communities

2. 10. 98

(98/C 304/05)

WRITTEN QUESTION E-3913/97

by Hiltrud Breyer (V) to the Commission

(11 December 1997)

Subject: Seveso directive

For requirements relating to the protection of the environment and the safety of establishments the directives

›  of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment

(85/337/EEC) (1),

›  of 24 September 1996 concerning integrated pollution prevention and control (96/61/EC) (2) and

›  of 9 December 1996 on the control of major-accident hazards involving dangerous substances (96/82/EC) (3)

are of fundamental importance.

The last two of these directives must be implemented by the Member States by 1999 at the latest. During the
discussions this has prompted a number of views giving rise to the following questions to the Commission have
been put forward.

Article 12(2) of Directive 96/61/EC requires the Member States to ensure that no substantial change is made to an
installation governed by the directive unless an authorization procedure is first completed. Articles 3 and 6 to 10
of the directive apply to the procedure for the issue of permits.

Is this provision to be so implemented by the Member States that, because of Article 3(e) of Directive 96/61/EC,
the safety report revised pursuant to Article 10 of Directive 96/82/EC is also to be submitted to the competent
authority before a permit is issued if it concerns an installation within the meaning of Directive 96/61/EC?

(1)  OJ L 175, 5.7.1985, p. 40.
(2)  OJ L 257, 10.10.1996, p. 26.
(3)  OJ L 10, 14.1.1997, p. 13.

Answer given by Mrs Bjerregaard on behalf of the Commission

(29 January 1998)

Article 12(2) of the IPPC Directive stipulates that no substantial change to an installation planned by the operator
may be made without a permit issued in accordance with the Directive.

For installations to which the provisions of both the IPPC Directive and Seveso II Directive (Council Directive
96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances) apply,
Article  10  of  the  Seveso  II  Directive  specifies  the  cases  in  which  the  operator  must  act  (when  modifying  an
installation, a plant, a process or the type and quantity of the hazardous substances which may have important
implications  for  the  major-accident  hazards)  and  describes  the  operator(cid:146)s  specific  obligations  (to  review  or
modify  the  concept  for  the  prevention  of  major  accidents,  the  management  systems  and  the  procedures  with
regard to Articles 7 and 9 and to review or modify the safety report and notify the competent authority before
making the changes).

A  permit  pursuant  to  the  IPPC  Directive  therefore  cannot  be  issued  before  any  major  alteration  is  made  for
installations which are also covered by the Seveso II Directive unless the obligations of that Directive are also
met.