Dáil Éireann díospóireacht -
Tuesday, 12 Feb 2002

Vol. 548 No. 2

Written Answers. - EU Directives.

John Bruton

Ceist:

93 Mr. J. Bruton asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will reconsider the method of transposition of EU Directive 96/82/EC into Irish law as made by her on 21 December 2000; if she has received representations to this effect; and if so, the action she is taking on these representations. [4616/02]

Tánaiste and Minister for Enterprise, Trade and Employment (Ms Harney)

European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations, 2000 transposed EU Directive 96/82/EC (Seveso II) into Irish law on 21 December, 2000. Article 11(3) of the Seveso II Directive requires member states to ensure that the public are consulted on external emergency plans. Regulation 17(2)(e) of the regulations obliges a local competent authority (local authority), when preparing an external emergency plan, to consult with “such other persons, including the public, as appear to the local competent authority to be appropriate to consult with in the circumstances”.

Whilst Regulation 17 makes consultation with various parties obligatory, it allows a certain amount of discretion to the local competent authority to determine the extent of the consultation necessary on a case-by-case basis. It is not the intention of the regulations to exclude consultation with the public. It should also be noted that under Regulation 19, an operator of a facility subject to these regulations, or a local competent authority on behalf of an operator, is obliged to supply detailed information on the appropriate safety measures and steps to be taken in the event of an accident to members of the public who are likely to be habitually in a specified area. As far as I am aware only one representation regarding the transposition of this directive has been received in my Department. I am satisfied that the transposition of this directive has incorporated adequate public consultation procedures.

At EU level, the first amendment to the Seveso II Directive is at an advanced stage of discussion and should be agreed later this year. Following the transposition of this amendment into national law, the level of public consultation will no longer be subject to the discretion of a local competent authority.