The Seveso III Directive (2012/18/EU)

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Introduction

 

In 1976, an explosion of a chemical factory in the Italian town of Seveso exposed the residents to high levels of dioxin, which is known as a human carcinogen and potent endocrine disruptor. Much of what is known about the risks of dioxin exposure on human health arose from the tragic circumstances of the Seveso disaster.

At the same time, the catastrophic accident prompted regulation in the field of major accident hazards with the aim to control major accident hazards involving dangerous substances, especially chemicals. The so-called Seveso Directive (82/501/EEC) was adopted in 1985. It introduced a set of preventive measures and notifications in order to reduce the risk of hazardous activities. Considering the very high rate of industrialisation in the European Union, the Seveso Directive has contributed to achieving a low frequency of major accidents. The Directive is widely considered as a benchmark for industrial accident policy and has been a role model for legislation in many countries worldwide. It is a historical paradox that in Case C-336/97 Commission v Italy, the CJEU declared that Italy failed to ensure that emergency plans were drawn up for action outside the establishments and to organise inspections or other measures of control proper to the type of industrial activity concerned.

Later on, the Seveso Directive was amended in view of the lessons learned from later accidents such as Bhopal, Toulouse or Enschede resulting in the Seveso II Directive (96/82/EC). In 2012, the Seveso III Directive (2012/18/EU) was adopted taking into account, amongst others, the changes in the Union legislation on the classification of chemicals and increased rights for citizens to access information and justice.