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Member States under a Strict Obligation to Draw Up External Emergency Plans
Published online by Cambridge University Press: 20 January 2017
Abstract
Case C-392/08 European Commission v. Kingdom of Spain nyr
Failing to draw up external emergency plans for all relevant establishments in accordance with Directive 96/82/EC on the control of major accident hazards involving dangerous substances may result in a Member State being deemed to have failed to fulfil its obligations under Article 11(1)(c) thereof (author's headnote).
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References
1 Judgment of 25 March 2010.
** Editorial Hint: Article 9 of Council Directive 96/82/EC of 9 December 1996 (“Seveso II Directive”) on the control of major-accident hazards involving dangerous substances OJ L – 10, of 14.1.1997, pp. 13–33, last amended by Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003, OJ 2003 L – 345, p. 97.
2 More recently, the Seveso II Directive was extended by Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003 amending Council Directive 96/82/EC, OJ L 345, 31.12.2003, pp. 97–105. The amendment took account of recent industrial accidents (Baia Mare, Enschede, Toulouse) and of the outcome of technical work carried out in the field of Seveso, in particular as regards carcinogens, substances dangerous for the environment, explosives and fertilizers. As a result of the amendment, more establishments are expected to come under the scope of the Directive. Furthermore, the amendment introduces additional requirements on the operators and on the Member States. See Draft Report on the application in the Member States of Directive 96/82/EC on the control of major-accident hazards involving dangerous substances for the period 2000–2002. Available on the Internet at <http://ec.europa.eu/environment/seveso/pdf/report_en.pdf> (last accessed on 20 May 2010).
3 Inter alia Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control OJ L 24, 29.1.2008, pp. 8–29; and Regulation (EC) No 761/2001 of the European Parliament and of the Council of 19 March 2001 allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) OJ L 114, 24.4.2001, pp. 1–29.
4 See, inter alia, Eskenazi, B. et al., “Relationship of Serum TCDD Concentrations and Age at Exposure of Female Residents of Seveso, Italy”, 112(1) Environmental Health Perspectives (2004)Google ScholarPubMed; Klentz, T., What Went Wrong? Case Histories of Process Plant Disasters and How They Could Have Been Avoided, 5th ed. (Butterworth-Heinemann/IChemE 2009).Google Scholar
5 Klentz, T., Learning from Accidents, 3rd ed. (Gulf: Butterworth-Heinemann 2001) at p. 103.CrossRefGoogle Scholar
6 Original Seveso I Directive: Council Directive 82/501/EEC of 24 June 1982 on the major-accident hazards of certain industrial activities, OJ L 230, 5.8.1982, p. 1.
7 J. Wettig and S. Porter, The Seveso II Directive (1999), at p. 3. Available on the Internet at <http://mahbsrv.jrc.it/downloads-pdf/Seveso2-Directive.pdf> (last accessed on 25 May 2010).
8 Judgment, para. 15.
9 C.f. on the examination of the appropriate time limit for the implementation of a judgment in infringement proceedings, Case C-568/07 Commission v. Greece, judgment of 4 June 2009, para. 25 (not yet reported).
10 Opinion of AG Kokott delivered on 10 December 2009, para. 16.