EU Directives.

Dáil Éireann Debate, Thursday - 28 October 2004

Thursday, 28 October 2004

Ceisteanna (232, 233, 234)

Pat Breen

Ceist:

232 Mr. P. Breen asked the Minister for Enterprise, Trade and Employment the name and address of the applicant site and the name of the establishment in question in tabular form, with respect to each of the planning applications for which planning permission was refused arising from the location of the applicant site within the consultation zone of a Seveso establishment designated in accordance with the terms of EC COMAH Directive 96/82/EC; and if he will make a statement on the matter. [26461/04]

Freagraí scríofa

Minister of State at the Department of Enterprise, Trade and Employment (Mr. Killeen)

The Health and Safety Authority, when requested to do so by a planning authority or An Bord Pleanála, gives technical advice on land use planning when decisions are taken relating to establishments subject to Directive 96/82/EC in respect of the following: the siting of new establishments; the modification of an existing establishment to which Article 10 of Council Directive 96/82/EC applies; and proposed development in the vicinity of an existing establishment.

The local planning authority or An Bord Pleanála then makes a decision, based on all the information and advice available to it, as to whether planning permission is to be granted. The Health and Safety Authority is not required to be informed of the decision, refusal or otherwise, or reason for such decision of a planning authority or An Bord Pleanála and does not, therefore, have the requested information. It lies within the jurisdiction of the relevant planning authority or An Bord Pleanála.

Pat Breen

Ceist:

233 Mr. P. Breen asked the Minister for Enterprise, Trade and Employment when and the means by which he proposes to implement Directive 2003/105/EC; and if he will make a statement on the matter. [26462/04]

Minister of State at the Department of Enterprise, Trade and Employment (Mr. Killeen)

Proposals are currently being developed by the Health and Safety Authority for draft regulations to transpose Directive 2003/105/EC of the European Parliament and Council of 16 December 2003, amending Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances, into national legislation.

The directive is required to be transposed into national legislation before 1 July 2005 and I look forward to receiving the authority's proposals towards the end of this year or early in 2005 to enable the legal drafting process to be completed within that timeframe.

The new regulations will, inter alia, revoke and replace the European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2000 — SI 476 of 2000 — and the European Communities (Control of Major Accident Hazards Involving Dangerous Substances) (Amendment) Regulations 2003 — SI 402 of 2003, which transposed Council Directive 96/82/EC into national legislation in Ireland.

Pat Breen

Ceist:

234 Mr. P. Breen asked the Minister for Enterprise, Trade and Employment the precise difference between upper and lower tier establishments with respect to the EC COMAH Directive 96/82/EC; and if he will make a statement on the matter. [26463/04]

Minister of State at the Department of Enterprise, Trade and Employment (Mr. Killeen)

The difference between upper and lower tier establishments, in terms of Directive 96/82/EC, is based on the levels of dangerous substances held at that establishment. The relevant quantities of dangerous substances that determine an establishment to be upper tier — the most hazardous — or lower tier are listed in Annex 1 to Council Directive 96/82/EC.

All establishments, subject to the directive, are subject to general requirements including that they must be notified to the Health and Safety Authority. A major accident prevention policy document, MAPP, must also be prepared and held by the establishment. All are subject to the land use planning provisions of the directive.

Upper tier establishments, in addition to the general requirements, must produce and submit to the authority a detailed safety report and must notify the public within a specified area of safety measures to be taken in the event of an emergency. The relevant local competent authorities must prepare an external emergency plan to deal with potential major accidents at each upper tier establishment.