1995L0050 — EN — 17.10.1995 — 000.001 — 1
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►B COUNCIL DIRECTIVE 95/50/EC
of 6 October 1995
on uniform procedures for checks on the transport of dangerous goods by road
(OJ L 249, 17.10.1995, p. 35)
Corrected by:
►C1Corrigendum, OJ L 87, 8.4.2000, p. 34 (95/50)
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COUNCIL DIRECTIVE 95/50/EC
of 6 October 1995
on uniform procedures for checks on the transport of dangerous
goods by road
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, andin particular Article 75 thereof,
Having regard to the proposal from the Commission(
1),
Having regard to the opinion of the Economic and Social Committee(2),
Acting in accordance with the procedure laid down in Article 189c of
the Treaty(3),
Whereas the Community has adopted a number of measures for the
establishment of an internal market comprising an area without internalfrontiers in which the free movement of goods, persons, services andcapital is ensured in accordance with the provisions of the Treaty;
Whereas checks on the transport of dangerous goods by road are carried
out in accordance with Council Regulation (EEC) No 4060/89 of 21December 1989 on the elimination of controls performed at the frontiersof Member States in the field of road and inland waterway transport(
4)
and Council Regulation (EEC) No 3912/92 of 17 December 1992 oncontrols carried out within the Community in the field of road andinland waterway transport in respect of means of transport registered orput into circulation in a third country (
5);
Whereas the Council has adopted Directive 94/55/EC of 21 November
1994 on the approximation of the laws of the Member States withregard to the transport of dangerous goods by road (
6); whereas the
respective procedures for checking and the definitions relating to thistype of transport should accordingly be harmonized in order for compli-ance with the safety standards laid down therein to be verified moreeffectively;
Whereas the Member States should ensure a sufficient level of checks
on the vehicles concerned throughout their territory while, wherepossible, avoiding the proliferation of such checks;
Whereas, in the light of the principle of subsidiarity, Community action
is therefore necessary to improve the level of safety of the transport ofdangerous goods;
Whereas checks should be carried out using a list of common items
applicable to such transport throughout the Community;
Whereas it is necessary to draw up a list of infringements deemed
sufficiently serious by all Member States to result in the application tothe vehicles concerned of appropriate measures depending on thecircumstances or the requirements of safety, including, where appro-priate, refusal to admit the vehicles concerned to the Community;
Whereas, in order to improve compliance with saftey standards for the
transport of dangerous goods by road, it is necessary to make provisionfor checks to be carried out in undertakings as a preventive measure or
(1) OJ No C 26, 29. 1. 1994, p. 10 and OJ No C 238, 26. 8. 1994, p. 4.
(2) OJ No C 195, 18. 7. 1994, p. 18.
(3) Opinion of the European Parliament of 3 May 1994 (OJ No C 205, 25. 7.
1994, p. 55), Council Common Position of 21 November 1994 (OJ No C354, 13. 12. 1994, p. 1) and Decision of the European Parliament of 14March 1995 (OJ No C 89, 10. 4. 1995, p. 29).
(
4) OJ No L 390, 30. 12. 1989, p. 18. Regulation amended by Regulation
(EEC) No 3356/91 (OJ No L 318, 20. 11. 1991, p. 1).
(5) OJ No L 395, 31. 12. 1992, p. 6.
(6) OJ No L 319, 12. 12. 1994, p. 7.
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when serious infringements of laws on the transport of dangerous goods
have been recorded at the roadside;
Whereas the checks in question must apply to all consignments of
dangerous goods transported by road wholly or partly within the terri-tory of the Member States, irrespective of the point of departure or thedestination of the goods or the country in which the vehicle is regis-tered;
Whereas, in the event of serious or repeated infringements, the
competent authorities of the Member State in which the vehicle isregistered or in which the undertaking is established may be asked totake appropriate measures and whereas they shall inform the requestingMember State of any follow-up measures taken;
Whereas the application of this Directive should be monitored on the
basis of a report to be submitted by the Commission,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. This Directive shall apply to checks carried out by Member States
on the transport of dangerous goods by road in vehicles travelling intheir territory or entering it from a third country.
It shall not apply to the transport of dangerous goods by vehicles
belonging to or under the responsibility of the armed forces.
2. This Directive shall not, however, affect the Member States’ right,
with due regard to Community law, to carry out checks on the nationaland international transport of dangerous goods within their territoriesperformed by vehicles not covered by this Directive.
Article 2
For the purposes of this Directive:
— ‘vehicle'shall mean any motor vehicle intended for use on the road,
whether complete or incomplete, which has at least four wheels anda maximum design speed exceeding 25 km/h, together with itstrailers, with the exception of vehicles which run on rails, of agricul-tural and forestry tractors and of all mobile machinery,
— ‘dangerous goods' shall mean dangerous goods defined as such in
Directive 94/55/EC,
— ‘transport'shall mean any road transport operation performed by a
vehicle wholly or partly on public roads within the territory of aMember State, including the loading and unloading of goodscovered by Directive 94/55/EC, without prejudice to the arrange-ments laid down by the laws of the Member States concerningliability in respect of such operations,
— ‘undertaking'shall mean any natural or legal person, whether or not
profit-seeking, any association or group of persons without legalpersonality, whether or not profit-seeking, and any body comingunder a public authority, whether itself possessing legal personalityor dependent on an authority having such personality, which carry,load or unload dangerous goods or cause them to be carried andthose which temporarily store, collect, package or take delivery ofsuch goods as part of a transport operation and are located in theterritory of the Community,
— ‘check' shall mean any check, control, inspection, verification or
formality carried out by the competent authorities for reasons ofsafety inherent in the transport of dangerous goods.
Article 3
1. The Member States shall ensure that a representative proportion of
consignments of dangerous goods transported by road is subject to thechecks laid down by this Directive, in order to check their compliancewith the laws on the transport of dangerous goods by road.
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2. Such checks shall be carried out in the territory of a Member Statein accordance with Article 3 of Regulation (EEC) No 4060/89 andArticle 1 of Regulation (EEC) No 3912/92.
Article 4
1. In order to carry out the checks provided for in this Directive, the
Member States shall use the checklist in Annex I. A copy of thischecklist or a certificate showing the result of the check drawn up bythe authority which carried it out shall be given to the driver of thevehicle and presented on request in order to simplify or avoid, wherepossible, subsequent checks. This paragraph shall not prejudice MemberStates’ right to carry out specific measures for detailed checks.
2. The checks shall be random and shall as far as possible cover an
extensive portion of the road network.
3. The places chosen for these checks must permit infringing
vehicles to be brought into compliance or, if the authority carrying outthe check deems it appropriate to be immobilized on-the-spot or at aplace desginated for that purpose by the said authority without causing asafety hazard.
4. Where appropriate and provided that this does not constitute a
safety hazard, samples of the goods transported may be taken forexamination by laboratories recognized by the competent authority.
5. Checks shall not exceed a reasonable length of time.
Article 5
Without prejudice to other penalties which may be imposed, vehicles in
respect of which one or more infringements of the rules on the transportof dangerous goods, in particular infringements listed in Annex II, areestablished may be immobilized either on-the-spot or at a place desig-nated for this purpose by the authorities carrying out the check andrequired to be brought into conformity before continuing their journeyor may be subject to other appropriate measures, depending on thecircumstances or the requirements of safety including, where appro-priate, refusal to allow such vehicles to enter the Community.
Article 6
1. Checks may also be carried out at the premises of undertakings, as
a preventive measure or where infringements which jeopardize safety inthe transport of dangerous goods have been recorded at the roadside.
2. The purpose of such checks shall be to ensure that safety condi-
tions for the transport of dangerous goods by road comply with therelevant laws.
Where one or more infringements, in particular those listed in Annex II,
have been established in respect of the transport of dangerous goods byroad, the transport in question shall be brought into conformity beforethe goods leave the undertaking or shall be subject to other appropriatemeasures.
Article 7
1. Member States shall assist one another in order to give proper
effect to this Directive.
2. Serious or repeated infringements jeopardizing the safety of the
transport of dangerous goods committed by a non-resident vehicle orundertaking must be reported to the competent authorites in the MemberState in which the vehicle is registered or in which the undertaking isestablished.
The competent authorities of the Member State in which serious or
repeated infringements have been recorded may ask the competentauthorities of the Member State in which the vehicle is registered or inwhich the undertaking is established for appropriate measures to betaken with regard to the offender or offenders.
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The latter competent authorities shall notify the competent authorities ofthe Member State in which the infringements were recorded of anymeasures taken with regard to the transporter or the undertaking.
Article 8
If the findings of a roadside check on a vehicle registered in another
Member State give grounds for believing that serious or repeatedinfringements have been committed which cannot be detected in thecourse of that check in the absence of the necessary data, the competentauthorities of the Member States concerned shall assist one another inorder to clarify the situation. Where, to that end, the competent MemberState carries out a check in the undertaking, the other Member Statesconcerned shall be notified of the results.
Article 9
1. Each Member State shall send the Commission for each calendar
year not later than twelve months after the end of that year a report,drawn up in accordance with the model in Annex III, on the applicationof this Directive, including the following particulars:
— if possible, determined or estimated volume of dangerous goods
transported by road (in tonnes transported or in tonnes/kilometres),
— number of checks carried out,— number of vehicles checked by place of registration (vehicles regis-
tered nationally, in other Member States or in third countries),
— number and types of infringements recorded,— type and number of penalties imposed.
2. The Commission shall send the European Parliament and the
Council, for the first time in 1999 and subsequently at least every threeyears, a report on the application of this Directive by the MemberStates, stating the particulars in accordance with paragraph 1 above.
Article 10
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive by 1January 1997. They shall forthwith inform the Commission thereof.
When these provisions are adopted by the Member States, they shall
contain a reference to this Directive or shall be accompanied by suchreference on the occasion of their official publication. The methods ofmaking such reference shall be laid down by the Member States.
2. Member States shall communicate to the Commission the text of
the essential provisions of domestic law which they adopt in the fieldgoverned by this Directive.
Article 11
This Directive shall enter into force on the day of its publication in the
Official Journal of the European Communities .
Article 12
This Directive is addressed to the Member States.
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ANNEXI
CHECKLIST
1. Place of check ......................................................... 2. Date............................. 3. Time ............................
4. Vehicle nationality mark and
registration number ....................................................5. Trailer/semi-trailer nationality mark and
registration number .....................................................
6. Type of vehicle lorry road train articulated vehicle with platform
7. Undertaking carrying out transport/address ................................................................................................................
....................................................................... 8. Nationality ......................................................................
9. Driver ............................................................................................................................... .............................
►(1)10. Driver’s assistant ◄............................................................................................................................... .......
11. Consignor, address, place of loading (1) ....................................................................................................................
............................................................................................................................... ......................................
12. Consignee, address, place of loading (1) ....................................................................................................................
............................................................................................................................... ......................................
13. Gross mass of dangerous goods by transport unit .........................................................................................................
14. Marginal 10 011 quantity limit exceeded Yes No
15. Carried out by
fixed tank ►(2)demountable tank ◄ tank container battery of receptables
in bulk container package
On board document(s)
16. Transport/accompanying document(s) inspected infringement established not applicable
17. Written instructions inspected infringement established not applicable
18. Bilateral/multilateral agreement/national authorization inspected infringement established not applicable
19. Vehicle approval certificate inspected infringement established not applicable
20. Driver’s training certificate inspected infringement established not applicable
Circulation of vehicule
21. Goods authorized for transport inspected infringement established not applicable
22. Bulk goods inspected infringement established not applicable
23. Tank transport inspected infringement established not applicable
24. Container transport inspected infringement established not applicable
25. Authorized goods for type of vehicle inspected infringement established not applicable
(1) To be stated under ‘remarks' for groupage transport operations.
►(1)C1
►(2)C1
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ANNEXII
INFRINGEMENTS
For the purposes of this Directive, the following in particular shall be regarded as
infringements:
1. goods not authorized for transport;2. absence of consignor’s declaration on the conformity of the goods and their
packaging with transport regulations;
3. vehicles which, on checking, display leaks of dangerous substances due to
the lack of leakproof integrity of tanks or packages;
4. vehicles with no type-approval certificate or with a non-regulation certifi-
cate;
5. vehicles lacking appropriate orange panels or with non-regulation orange
panels;
6. vehicles without safety instructions or with inappropriate ones;7. inappropriate vehicle or packaging;8. driver without a regulation vocational training certificate for the carriage of
dangerous goods by road;
9. vehicles lacking fire extinguishers;
10. vehicles or packages without regulation danger labels;11. vehicles lacking transport/accompanying documents, or with particulars
relating to the dangerous goods on board which are not in compliance withthe regulations;
12. vehicles not covered by a bilateral/multilateral agreement or not in compli-
ance with the agreement;
13. overfilling of tank.
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ANNEXIII