Keywords
Summary

Keywords

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1. Acts of the institutions ° Directives ° Implementation by the Member States ° Transposition of a directive without legislative action ° Conditions ° Existence of legal framework guaranteeing full application of the directive

(EEC Treaty, third para. of Art. 189)

2. Approximation of laws ° Major-accident hazards of certain industrial activities ° Manufacturer' s obligation to give notice of the person or body authorized to set certain emergency plans in motion ° Scope

(Council Directive 82/501, third indent of Art. 5(1)(c) )

Summary

1. The transposition of a directive into domestic law does not necessarily require that its provisions be incorporated formally and verbatim in express specific legislation; an existing legal framework may be adequate for the purpose, provided that it does guarantee the full application of the directive in a sufficiently clear and precise manner so that, where the directive is intended to create rights for individuals, the persons concerned can ascertain the full extent of their rights and, where appropriate, rely on them before the national courts.

2. The third indent of Article 5(1)(c) of Directive 82/501/EEC on the major-accident hazards of certain industrial activities, which requires the Member States to take the measures needed to ensure that the manufacturers concerned are required to send to the competent authorities a notification containing the name of the person or body authorized to carry out emergency plans and to alert the competent authorities, must be interpreted as referring not only to the person legally responsible for safety, including in particular safety outside the establishment, but also to the person responsible for the practical arrangements for ensuring such safety, that is to say for setting in motion the requisite safety measures in case of accident.