1999/314/EC: Commission Decision of 9 April 1999 concerning the questionnaire relating to Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances [notified under document number C(1999) 856] (Text with EEA relevance)
Date: 1999-04-09
Institutions: European Commission
Subjects: accident prevention, dangerous substance, disease prevention, environmental risk prevention, public health, safety standard

8. 5. 1999

EN

Official Journal of the European Communities

L 120/43

COMMISSION

COMMISSION DECISION

of 9 April 1999

concerning the questionnaire relating to Council Directive 96/82/EC on the
control of major-accident hazards involving dangerous substances

(notified under document number C(1999) 856)

(Text with EEA relevance)

(1999/314/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS DECISION:

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 96/82/EC of 9
December 1996 on the control of major-accident hazards
substances (1), and in particular
involving dangerous
Article 19(4) thereof,

Having regard to Council Directive 91/692/EEC of 23
December 1991 on standardising and rationalising reports
on the implementation of certain Directives relating to
the environment (2),

Whereas Article 19(4) of Directive 96/82/EC requires the
Member States to report on the implementation of this
Directive on a three-yearly basis; whereas this report has
to be established on the basis of a questionnaire or outline
drafted by the Commission in accordance with the proce-
dure set out in Article 6 of Directive 91/692/EEC;

Whereas the three-years period should cover 2000 to
2002 inclusive;

Whereas the measures envisaged in this Decision are in
accordance with the opinion delivered by the committee
set up by Article 6 of Directive 91/692/EEC,

Article 1

The questionnaire as attached in the Annex is hereby
adopted.

Article 2

The Member States shall draw up a report covering the
period 2000 to 2002 inclusive in accordance with the
questionnaire in the Annex.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 9 April 1999.

For the Commission

Ritt BJERREGAARD

Member of the Commission

(1) OJ L 10, 14.1.1997, p. 13.
(2) OJ L 377, 31.12.1991, p. 48.

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Official Journal of the European Communities

8. 5. 1999

ANNEX

Questionnaire on Directive 96/82/EC on the control of major-accident hazards involving
dangerous substances (Seveso II)

Introductory remarks

This questionnaire has been prepared in order to assist Member States and the Commission on exchange of
information as required by Article 19 of the Seveso II Directive. In particular, according to Article 19(4) of the
Directive Member States shall provide the Commission with a three-yearly report for establishments covered
by Articles 6 and 9 (so-called upper tier establishments).

Member States shall submit one report covering each three-year-period, at the latest nine months after the end
of the reporting period. The report should include separate information for each year of the reporting period.
The report covering the period 1997 to 1999 must be submitted before the end of September 2000.

(1) General information

Total number of establishments covered by Articles 6 and 9 of the Directive (so-called upper tier
establishments)

(2) Safety reports

(a) Total number of establishments who have submitted safety reports, as required under Article 9 of the

Directive.

(b) Total number of establishments for which the safety reports have been examined by competent
authorities and conclusions communicated to the operator to fulfil the obligations referred to in
Article 9(4).

(3) Emergency plans

(a) How many establishments have internal emergency plans, as required under Article 11(1)(a) of the

Directive?

(b) How many operators have supplied the competent authorities with the necessary information to
enable them to draw up an external emergency plan, as referred to in Article 11(1)(b) of the
Directive?

(c) For how many establishments have external emergency plans been drawn up by the designated

authorities, as referred to in Article 11(1)(c) of the Directive?

(d) In how many cases have the competent authorities decided, in view of the information contained in
the safety report, that the requirement to produce an external emergency plan shall not apply,
as covered by Article 11(6)?

(4) Domino effects

(a) How many establishments and groups of establishments have been identified, where the likeli-
hood and the possibility or consequences of a major accident may be increased because of the location
and the proximity of such establishments, as referred to in Article 8(1) of the Directive on the domino
effect?

(b) In how many cases as given in (a) above has suitable information been exchanged, as referred to in

Article 8(2)(a) of the Directive?

(c) In how many cases as given in (a) above has provision been made for cooperation in informing
the public and supplying information to the competent authority, as referred to in Article
8(2)(b)?

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(5) Land-use planning

How many upper tier establishments have been taken into account in the development of land-use
planning policies, as referred to in Article 12(1)?

(6) Information on safety measures

(a) For how many establishments has information to the public been issued, as referred to in Article

13(1)?

(b) In how many cases have the competent authorities made available to other Member States
sufficient information to enable them to prepare emergency plans, as required in Article 13(2)?

(c) In how many cases have the competent authorities provided information to another Member
State concerning establishments incapable of creating a major accident hazard beyond its
boundary, as referred to in Article 13(3)?

(d) How many safety reports have been made available to the public, as referred to in Article 13(4) of

the Directive?

(7) Prohibition of use

In how many cases have the competent authorities prohibited the use or bringing into use, as
described in Article 17(1), of any establishment, installation or storage facility covered by Article 9?

(8) Inspection

(a) How many upper tier establishments have been subject to inspection as referred to in Article 18(1)?

(b) How many upper tier establishments are subjected to

(cid:190) an inspection programme based on systematic appraisal?
(cid:190) an inspection programme based on at least one on-site inspection every 12 months?