Malta is one of the 12 European Union countries that has failed to draw up emergency plans to prepare for possible industrial accidents near plants dealing with hazardous substances, the EU’s executive said on Wednesday.

The European Commission said it had stepped up legal action against those nations for breaching EU law on the subject, laid out in the so-called Serveso II Directive.

The offending countries are Austria, Cyprus, the Czech Republic, France, Germany, Ireland, Italy, Luxembourg, Malta, The Netherlands, Spain and Sweden.

“Although we cannot eliminate the risk of industrial accidents in modern societies, we can strive to minimise the risks of such accidents happening and to mitigate their consequences,” Environment Commissioner Stavros Dimas said.

The Commission said it was sending the countries final written warnings. That is the last step before going to court, which can eventually levy fines for failures to follow EU rules.

There are three formal stages in the legal process: a first “letter of formal notice” which asks questions on a particular issue; second, a “reasoned opinion” which confirms that the Commission considers that there is a potential infringement of EU law exists; and finally a referral to the European Court of Justice for a ruling on the legal obligations involved.