A critical appraisal of the SEVESO II directive and its implementation in Maltese law

Abstract

The European Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances, most commonly known as the Seveso II Directive, aims at preventing major accidents at sites that store, produce or use dangerous substances in sufficient quantities as to pose a serious health, safety or environmental threat and at the same time to limit the consequences for people and the environment in the eventuality of such an accident. This work attempts to provide a critical appreciation of the Directive by examining the pros and cons of its implementation in various Member States, including Malta. Chapter 1 adopts a historical approach to the Directive as it describes its origins, amendments and the environmental principles which have been embedded in it following notorious industrial accidents involving chemicals. It then proceeds to give a thorough analysis of the Directive's main articles and the proposed changes in the 2010 Review. Chapter 2 explores the implementation of the Directive within Member States through their reactions to the Legislation, modes of enforcement and collaboration with the European Commission. The functioning of the Seveso II Directive in an enlarged Europe and the European Commission's reports on the application of the Directive in Member States are also discussed. The United Nations Economic Commission for Europe Convention on the Transboundary Effects of Industrial Accidents, a result of the combined efforts of the EU and the UNECE is given due weight too. Chapter 3 analyses the supervisory role of the European Commission and Judgments of the European Court of Justice on infringements of the Seveso II Directive while Chapter 4 gives a detailed outline of the mode of enforcement of the Directive within Malta through the Control of Major Accident Hazards (COMAH) Regulations. MEPA's Supplementary Planning Guidance on Major Hazards and Hazardous Substances (2004) is also analysed. 4 Finally, Chapter 5 delves into the moral and scientific paradoxes connected to the Seveso Disaster and the Directive itself, as it discusses whether the Directive has been successful in reaching its objectives. The Chapter also explores the concept of liability and compensation in relation to industrial accidents.