The European Commission opens infringement proceedings against Romania for the incomplete transposition of the Directive on the prevention of major accidents involving dangerous substances.

The European Commission has decided to open an infringement procedure against Romania by sending a letter of formal notice for the incorrect transposition of the Seveso III Directive, the European act aimed at preventing major accidents involving dangerous substances and limiting their effects on human health and the environment.

In short

The Commission has sent Romania a letter of formal notice in the Seveso III case.

The directive applies to over 12,000 industrial installations in the EU, including in the chemical, petrochemical, and fuel storage sectors.

The European executive states that Romanian law does not cover the change in the physical form of a dangerous substance when it can alter the risk profile of the installation.

The Commission also cites the incorrect transposition of the rules regarding public participation and the lack of specific deadlines for informing and consulting.

Romania has two months to respond; in the absence of a satisfactory response, the Commission may proceed to the stage of a reasoned opinion.

The Commission claims to have identified deficiencies in the national rules through which Romania transposed Directive 2012/18/EU. The directive aims to prevent major accidents, including emissions, fires, or explosions involving dangerous substances, especially chemical substances, and to limit their negative impact on human health and the environment.

According to the Commission, the first issue concerns the obligation of companies to reassess risks when changes may influence the dangers of a major accident. The European executive states that Romanian law does not cover situations where the physical form of a dangerous substance changes, even though such a change can significantly alter the risk profile of an installation.

The second criticism concerns public participation. The Commission states that the rules regarding public participation are not correctly transposed in Romanian legislation, as the reference to decisions regarding the location of installations is omitted, which restricts the public's ability to participate in land use planning processes in areas near installations where dangerous substances are present.

Moreover, Brussels claims that Romanian rules do not provide specific deadlines for informing and consulting the public, even though the directive requires reasonable and effective consultation periods. The Commission has sent Romania the letter of formal notice and gives the authorities two months to respond and remedy the identified deficiencies.

The infringement procedure usually begins with a letter of formal notice, in which the Commission requests information from the member state and usually grants two months for a response. If the European executive is not satisfied with the response and considers that the obligations under EU law remain unfulfilled, it may send a reasoned opinion. At a later stage, the Commission may decide to refer the case to the Court of Justice of the European Union. https://2eu.brussels/ro/stiri/comisia-europeana-deschide-procedura-de-infringement-impotriva-romaniei-pentru-transpunerea-incompleta-a-directiveiprivind-prevenirea-accidentelor-majore-care-implica-substante-periculoase