COUNCIL DECISION (EU) 2022/1663

of 26 September 2022

on the position to be adopted on behalf of the European Union on the amendments to the Annexes to the Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) and to the Regulations annexed to the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91, in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) entered into force on 29 January 1968. The European Agreement Concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN) entered into force on 28 February 2008.

(2) Pursuant to Article 14 of the ADR, any Contracting Party may propose one or more amendments to the Annexes to the ADR. The Working Party on Transport of Dangerous Goods (WP.15) is the body competent to decide on the adoption of any such amendments. Pursuant to Article 20 of the ADN, any Contracting Party may propose one or more amendments to the Regulations annexed to the ADN. The Administrative Committee established under the ADN is the body competent to decide on the adoption of any such amendments. During the two-year period between 2020 and 2022, the Working Party on Transport of Dangerous Goods (WP.15) and the ADN Administrative Committee adopted amendments to the Annexes to the ADR and to the Regulations annexed to the ADN, respectively, which were notified to the ADR Contracting Parties on 6 July 2022 and to the ADN Contracting Parties on 1 July 2022.

(3) Pursuant to Article 14 of the ADR, proposed amendments to the Annexes are deemed to be accepted unless at least one third of the Contracting Parties, or five of them if one third exceeds that figure, objects to those amendments within three months from the date on which the Secretary-General circulated the proposed amendments. Pursuant to Article 20 of the ADN, any draft amendment to the Regulations annexed to the ADN is deemed to be accepted unless at least one third of the Contracting Parties, or five of them if one third exceeds that figure, objects to those amendments within three months from the date on which the Secretary-General circulated them.

(4) It is appropriate to establish the position to be adopted on the Union’s behalf with regard to those amendments to the ADR and the ADN, as they will be binding under international law and are capable of decisively influencing the content of Union law, namely Directive 2008/68/EC of the European Parliament and of the Council (1). That Directive lays down requirements for the transport of dangerous goods by road, rail or inland waterways, which are to apply within or between Member States, by referring to the ADR and the ADN. Additionally, that Directive states that the transport of dangerous goods between Member States and third countries is to be authorised in so far as it complies with the requirements of the ADR, the Regulations concerning the International Carriage of Dangerous Goods by Rail (RID) and the ADN. Moreover, in accordance with Article 8 of Directive 2008/68/EC, the Commission is empowered to adapt Annex I, Section I.1 and Annex III, Section III.1 to Directive 2008/68/EC to scientific and technical progress, in particular to take account of amendments to the ADR, RID or the ADN.

(5) The Union is not a Contracting Party to the ADR or to the ADN. However, this does not prevent it from exercising its competence by establishing, through its institutions, a position to be adopted on its behalf in the body set up by either Agreement, in particular through the Member States who are Contracting Parties to either Agreement acting jointly in the interest of the Union.

(6) All Member States are Contracting Parties to the ADR and apply it, and 13 Member States are Contracting Parties to the ADN and apply it.

(7) The envisaged amendments aim to ensure the safe and efficient transport of dangerous goods, while taking into account scientific and technical progress in the sector and the development of new substances and articles that could be dangerous while being transported. The development of the transport of dangerous goods by road and inland waterways, both within the Union and between the Union and its neighbouring countries, is a key component of the common transport policy and ensures proper functioning of all industrial branches producing or making use of goods classified as dangerous under the ADR or the ADN.

(8) The envisaged amendments are considered to be appropriate for the safe transport of dangerous goods in a cost-effective manner, are justified and beneficial and should therefore be supported by the Union.

(9) The Union’s position as regards the amendments to the Annexes to the ADR and the amendments to the Regulations annexed to the ADN is to be expressed by its Member States which are Contracting Parties to the ADR and to the ADN, respectively, acting jointly in the interest of the Union,

HAS ADOPTED THIS DECISION:

Article 1 The position to be taken on the Union’s behalf on the amendments adopted by the Working Party on Transport of Dangerous Goods (WP.15) to the Annexes to the ADR and on the amendments adopted by the ADN Administrative Committee to the Regulations annexed to the ADN is set out in the Annex to this Decision. Minor changes to the amendments referred to in the first paragraph may be agreed without further decision of the Council, in accordance with Article 2.

Article 2 The position referred to in Article 1 shall be expressed by the Member States which are contracting parties to the ADR and to the ADN, respectively, as regards the amendments to the Annexes to the ADR and the amendments to the Regulations annexed to the ADN, acting jointly in the interest of the Union.

Article 3 A reference to the accepted amendments to the Annexes to the ADR and to the Regulations annexed to the ADN shall be published in the Official Journal of the European Union, indicating the date of their entry into force.

Article 4 This Decision shall enter into force on the date of its adoption.

Done at Brussels, 26 September 2022. For the Council The President Z. NEKULA

(1) Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (OJ L 260, 30.9.2008, p. 13.)