Commissie verzoekt Spanje de Seveso-II richtlijnen door te voeren (en)
The European Commission has sent a final written warning to Spain urging it to correctly transpose into national legislation the EU law on the control of major industrial accidents involving dangerous substances. This EU law is known as the Seveso II Directive and aims to avoid or minimise the consequences of major industrial accidents through a variety of preventive measures. The Commission considers that Spanish legislation is not offering adequate protection for the public and the environment. Notably, it fails to meet the requirements of the Directive in relation to emergency plans, land-use planning, public information and inspections. In the absence of a satisfactory response to its letter, the Commission may refer Spain to the European Court of Justice.
Commenting on the decision, Environment Commissioner, Margot Wallstrom said: "Experience has taught us that we need to be vigilant and pro-active in avoiding major industrial accidents. The Seveso II Directive has public safety as its central aim. I therefore urge Spain to remedy the shortcomings in its national legislation as a matter of urgency."
The Seveso II Directive
The Seveso II Directive(1) is aimed at preventing major accidents involving dangerous substances and at limiting their consequences for citizens' health and the environment. It replaces Council Directive 82/501/EEC ("Seveso I"), providing both a wider scope and stronger provisions. It imposes strict obligations on companies that store dangerous substances. It also requires that information be notified to public authorities and that a major-accident prevention policy, a safety report and emergency plans be prepared in advance. It sets requirements for land-use planning and public information, as well as emergency procedures to follow in the event of an accident.
The deadline for adopting and sending the necessary national legislation to the Commission was 3 February 1999. The Commission's decision to send Spain a final written warning follows the examination of legislation that Spain has notified. This revealed that Spanish legislation falls short, in several ways, of the requirements laid down in the Directive.
Legal Process
Article 226 of the Treaty gives the Commission powers to take legal action against a Member State that is not respecting its obligations.
If the Commission considers that there may be an infringement of EU law that warrants the opening of an infringement procedure, it addresses a "Letter of Formal Notice" (first written warning) to the Member State concerned, requesting it to submit its observations by a specified date, usually two months.
In the light of the reply or absence of a reply from the Member State concerned, the Commission may decide to address a "Reasoned Opinion" (final written warning) to the Member State. This clearly and definitively sets out the reasons why it considers there to have been an infringement of EU law and calls upon the Member State to comply within a specified period, usually two months.
If the Member State fails to comply with the Reasoned Opinion, the Commission may decide to bring the case before the Court of Justice.
Article 228 of the Treaty gives the Commission power to act against a Member State that does not comply with a previous judgement of the European Court of Justice. The article also allows the Commission to ask the Court to impose a financial penalty on the Member State concerned.
For current statistics on infringements in general see:
http://europa.eu.int/comm/secretariat_general/sgb/droit_com/index_en.htm#infractions ;
(1) ;Council Directive 96/82/EC