REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts pursuant to Article 26 of Directive 2012/18/EU on the control of major-accident hazards involving dangerous substances
Date: 2021-08-20
Institutions: Directorate-General for Environment, European Commission
Subjects: European Commission, dangerous substance, delegated legislation, industrial accident, industrial hazard, powers of the institutions (EU), technological change

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  EN 

   EUROPEAN COMMISSION  Brussels, 20.8.2021  COM(2021) 487 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts pursuant to Article 26 of Directive 2012/18/EU on the control of major-accident hazards involving dangerous substances     
 
 
Report from the Commission to the European Parliament and to the Council on the 
exercise of the power to adopt delegated acts conferred on it pursuant to Article 26 of 
Directive 2012/18/EU on the control of major-accident hazards involving dangerous 
substances 

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  (the  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. 

Article  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. The last report was issued in 2017; therefore, this report covers the 
period 2017-2021.  

3. EXERCISE OF THE DELEGATION 

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

Over  the  2017-2021  period,  the  Commission  has  not  exercised  the  conferred  delegated 
power,  as  there  was  no  evident  technical  progress  requiring  adaptation  of  the  relevant 
annexes  on  the  information  to  be  addressed/included  in  safety  reports,  major-accident 
prevention  policies,  emergency  plans,  as  well  as  on  the  information  to  be  made  publicly 
available  and  the  criteria  triggering  an  obligation  for  Member  States  to  notify  a  major 
accident to the Commission. 

4. CONCLUSION 

The Commission has not exercised, over the past five years, 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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