REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Directive 2012/18/EU on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC
Date: 2017-03-09
Institutions: Directorate-General for Environment, European Commission
Subjects: dangerous substance, delegated legislation, industrial accident, industrial hazard, technological change, transfer of competence

EN 

   EN 

   EUROPEAN COMMISSION  Brussels, 9.3.2017  COM(2017) 122 final   REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Directive 2012/18/EU on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC  
 
 
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the 
Commission pursuant to Directive 2012/18/EU on the control of major-accident hazards 
involving dangerous substances, amending and subsequently repealing Council 
Directive 96/82/EC 

1. INTRODUCTION 

Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the 
control  of  major-accident  hazards 
involving  dangerous  substances,  amending  and 
subsequently  repealing  Council  Directive  96/82/EC  (Seveso  III  Directive)1  seeks  to  reduce 
the likelihood and consequences of industrial accidents in view of an increased protection of 
citizens, communities and the environment. 

Art.  25  of  the  directive  empowers  the  Commission  to  adopt  delegated  acts  in  view  of 
adapting  Annexes  II  to  VI  to  technical  progress.  These  annexes  list  information  to  be 
considered  in  the  safety  report,  major-accident  prevention  policy  and  emergency  plans  of 
Seveso establishments, the information to be made publicly available as well as the criteria 
triggering the obligation of Member States to notify the Commission of a major accident.  

2. LEGAL BASIS 

This  report  is  required  under  Article  26(2)  of  Directive  2012/18/EU.  Pursuant  to  this 
provision, the power to adopt delegated acts is conferred on the Commission for a period of 
five years from 13 August 2012 and the Commission is required to prepare a report in respect 
of the delegation of power, at the latest 9 months before the end of the five-year period. The 
delegation  of  power  shall  be  automatically  extended  for  periods  of  an  identical  duration, 
unless the European Parliament or the Council opposes such extension in accordance with the 
rules set out Article 26. 

3. EXERCISE OF THE DELEGATION 

The  exercise  of  the  empowerment  was  deemed  necessary  for  adapting  several  provisions 
foreseen by the Directive to technical progress.  

To  date,  taking  into  account  the  fact  that  the  Seveso  III  Directive  only  became  fully 
applicable  as  from  June  2015  (Art.  31  para  1),  the  Commission  has  not  considered  it 
necessary or appropriate to adapt its Annexes II to VI to technical progress.  

4. CONCLUSION 

The Commission has, over the past five years, not exercised the delegated powers conferred 
to it under Directive 2012/18/EU. It invites the European Parliament and the Council to take 
note of this report. 

1 OJ L 197, 24.7.2012, p. 1 

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