WRITTEN QUESTION E-1024/01 by Richard Corbett (PSE) to the Commission. Application of Seveso II legislation.
Date: 2001-03-30
Institutions: European Parliament, Provisional data
Subjects: EC Directive, dangerous substance, industrial hazard, infringement of EU law

13.11.2001

EN

Official Journal of the European Communities

C 318 E/183

(2001/C 318 E/199)

WRITTEN QUESTION E-1015/01

by Christopher Huhne (ELDR) to the Commission

(30 March 2001)

Subject: Planned construction of an Airbus plant on M(cid:252)hlenberger Loch

Is the Commission aware of plans by Airbus Industrie to build a new plant for Airbus manufacture

1.
on the site of M(cid:252)hlenberger Loch near Hamburg?

2. Will the Commission confirm that the M(cid:252)hlenberger Loch wetlands are classified as a Special
Protected Area under the Birds Directive, as a protected habitat under the Habitats Directive, and as
a wetland of international importance under the Ramsar Convention?

If so, does the Commission believe that the construction of such a plant would be in contravention

3.
of European law? If not, why not?

4. What assurances can the Commission provide that the M(cid:252)hlenberger Loch habitat and similar sites
will, in future, be protected under the Union(cid:146)s own directives?

5. What measures will it now take to ensure compliance with those directives?

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(1 June 2001)

The issue of the planned Airbus plant in a part of the Natura 2000 site M(cid:252)hlenberger Loch was already
addressed in detail by the Commission(cid:146)s answer to Written Question P-0839/01 by Mr Wijkman (1).

Furthermore it was discussed on 21 March 2001 in the European Parliament(cid:146)s Committee on the
Environment, Public Health and Consumer Policy.

The Honourable Member is kindly invited to take note of the respective answer and the minutes of the
Commission meeting as far as questions 1, 3, 4 and 5 are concerned.

With regards to question 2, the Commission confirms that the site in question is a Ramsar site (two duck
species not threatened on European level meet the Ramsar criteria) and a Natura 2000 site under Council
Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (2) and Council Directive 92/43/
EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (3).

(1) OJ C 261 E, 18.9.2001.
(2) OJ L 103, 25.4.1979.
(3) OJ L 206, 22.7.1992.

(2001/C 318 E/200)

WRITTEN QUESTION E-1024/01

by Richard Corbett (PSE) to the Commission

(30 March 2001)

Subject: Application of Seveso II legislation

Is the Commission aware of any significant differences in the application of the Seveso II legislation by the
Member States? Is it aware of allegations that this Directive is being enforced far more strictly in some
Member States than in others? Does it share that view? if so, what evidence does it have to back up its
position?

C 318 E/184

Official Journal of the European Communities

EN

13.11.2001

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(29 May 2001)

The Commission has received neither objective information nor allegations about significant differences in
application and enforcement of the Seveso II legislation by the Member States.

For the reasons given below it is probably premature to focus on possible discrepancies in the application
of the Seveso II legislation (Council Directive 96/82/EC of 9 December 1996 on the control of major-
accident hazards involving dangerous substances (1)). Indeed, transposition is not yet completed in the
Member States and the notified legislation fails in several respects to correctly fulfil the Directive(cid:146)s
requirements.

The Commission as guardian of the EC Treaty has to ensure that the provisions of the EC Treaty and the
measures taken by the institutions pursuant thereto are applied (Article 211 (ex Article 155) of the
EC Treaty).

The Commission consequently pursues all cases where Member States do not

(cid:129) communicate transposition of Community directives on time (non-communication),

(cid:129) transpose Community directives correctly or completely (non-conformity), and

(cid:129) apply the Community law (directives, regulations etc.) as required (bad application).

The Commission opened infringement procedures against all Member States which did not communicate
(full) transposition of the Seveso II Directive in 1999. At present six procedures of this type are still open
due to the ongoing failure of the Member States concerned to adopt the required national legislation
(five are before the Court of Justice, one has been sent a Reasoned Opinion).

The Commission has moreover assessed the conformity of the measures notified by Member States and has
addressed letters requiring additional information from those Member States where the Commission had
doubts about correct transposition. Furthermore a technical analysis of the transposition of Annex I in all
transposing laws or regulations is being carried out. Based on these results (responses by Member States
and technical evaluation of Annex I transposition) it is very likely that the Commission will also open non-
conformity procedures regarding the transposition of the Seveso II Directive.

the primary source of

With respect to the third type of infringements, bad application, an assessment of the application in all
Member States appears for the time being premature since one third of the Member States have not
transposed the Directive and the transposition seems also to be not very satisfactory in many cases. In
information about bad application of Community law consists of
general,
complaints by European citizens and non-governmental organisations
the
Commission undertakes where appropriate external studies which are normally focused on certain
important aspects of the application of a directive. The Commission could for example assess the
application of the Seveso II Directive or certain aspects of it, as e.g. review and test of external emergency
plans, land use planning, information duty, system of inspections, once the conformity of the legislation
has been assessed and action taken.

In addition,

(NGOs).

(1) OJ L 10, 14.1.1997.

(2001/C 318 E/201)

WRITTEN QUESTION E-1025/01

by Neil MacCormick (Verts/ALE) to the Commission

(30 March 2001)

Subject: Insurance in the single market

Further to my Oral Question H-0053/01 (1) and to the Commission(cid:146)s answer, would it consider developing
class-specific directives so as to create a single market for simple insurance products such as home