COMMISSION OP THE EUROPEAN COMMUNITIES 
C0M(94) 340 flnal-SYN 487 
Brussels, 29.07.1994 
lira 
m Amended proposal for a 
COUNCIL PI RETIVE 
ON UNIFORM PROCEDURES 
FOR CHECKS ON THE TRANSPORT OF 
DANGEROUS GOODS BY ROAD 
(presented by the Commission pursuant to Article 189 A (2) 
of the EC-Treaty) 
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EXPLANATORY MEMORANDUM 
A. On 15 December 1993, the Commission sent to the Council a proposal for 
a Directive on uniform procedures for checks on the transport of dangerous 
goods by road (COM(93)665 final - SYN 4871 ). 
On 27 April 19942, the Economic and Social Committee adopted its opinion 
which supports the Commission in the principle and the objectives of the 
proposed Directive, subject to comments on some practical difficulties. 
On 3 May 19943, the European Parliament approved the proposal at its first 
reading. 
The Commission accepts seven of the twelve requests. 
Furthermore, the Commission could not accept the other amendments 
proposed by the Parliament for the following reasons : 
- Amendment to article 4 a) : 
the scope of this article would be reduced. 
- Amendment to article 5 : 
the effects of this article would be weakened as the amendment expresses a 
possibility only whereas the original article imposes an obligation. 
OJ N" C 26 of 29.1.1994, p. 10. 
OJ N* C 
OJ N" C 
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Amendment to article 9 : 
too heavy and disproportionate a workload would be imposed on the Member 
States and the Commission in comparison with the aim of the proposal. 
Amendments to Annexes I and H : 
the obligation to carry out checks and to foresee infringements on standards -
already the subject of other Community legislation - is unacceptable. 
B. The Commission therefore proposes to amend its proposal as follows: 
Amendment n* 1 adds a new recital to justify the necessity for Member States 
to inform the Commission on the enforcement of the controls. 
Amendment n* 2 relates to the undertakings in which dangerous goods are 
temporarily stored in the course of a transport operation and which should be 
subject to checks. 
Amendment n' 3 stipulates when an infringing vehicle can be immobilized. 
Amendment n'4 states that, in case of the examination of the samples of the 
goods transported by a laboratory, the latter shall be recognized by the competent 
authorities. 
Amendment n'S modifies the text of Article 6(1) from a linguistic viewpoint in 
the official languages of the Communities (not applicable to the English version). 
Amendment n* 6 postpones the date of entry into force of the Directive from 
1 January 1995 to 1 January 1996. 
Amendment n° 7 adds in the checklist (Annex I) an item to be covered regarding 
the condition of the vehicle in conformity with marginal 10 282 of the ADR. 
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Amended proposal for a 
COUNCIL DIRECTIVE 
ON UNIFORM PROCEDURES 
FOR CHECKS ON THE TRANSPORT OF 
DANGEROUS GOODS BY ROAD 
The proposal from the Commission forming the subject of document COM(93)665 
final - SYN 4871 is hereby amended as follows : 
Initial text proposed by the Commission Amended text 
Amendment n* 1 
Recital 7a (new) 
Whereas it is necessary to monitor the 
enforcement of these provisions with a 
view to achieving common standards 
across the Community; 
OJ N' C 26 of 29.1.1994, p. 10. 
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Initial text proposed by the Commission Amended text 
Amendment n° 2 
Article 2, second indent 
'undertakings' means any natural 
person, whether or not profit-seeking, 
any association or group of persons 
without legal personality, whether or 
not profit-seeking, and any body 
coming under a public authority, 
whether itself possessing legal 
personality or dependent on an 
authority having such personality, 
which carry, load, or unload dangerous 
goods or cause them to be carried, and 
those which store, collect, package or 
take delivery of such goods for their 
later conveyance^ which are located in 
Ûm tenitafy of the Community; 'undertakings' means any natural 
person, whether or not profit-seeking, 
any association or group of persons 
without legal personality, whether or 
not profit-seeking, and any body 
coming under a public authority, 
whether itself possessing legal 
personality or dependent on an 
authority having such personality, 
which carry, load, or unload dangerous 
goods or cause them to be carried, and 
those which temporarily store, collect, 
package or take delivery of such goods 
as pajt of a transport operation., which 
are located in the territory of the 
Community; 
Initial text proposed by the Commission Amended text 
Amendment n° 3 
Article 4(c) 
(c) These places shall be selected so as 
to make it possible to bring 
infringing vehicles into compliance 
ox to immobilize them without 
causing a safety hazard. (c) These places shall be selected so 
as to make it possible to bring 
infringing vehicles into 
compliance or. when the 
authority which carries out the 
check considers it to be 
appropriate, to immobilize them 
without causing a safety hazard. 
Initial text proposed by the Commission Amended text 
Amendment n* 4 
Article 4(d) 
(d) Where appropriate, samples of (d) Where appropriate, samples of 
the goods transported may be the goods transported may be 
taken for examination by taken for examination by â 
recognized laboratories. laboratory recognized by the 
competent authorities. 
Initial text proposed by the Commission Amended text 
Amendment n* 5 
Article 6(1) 
1. Checks may also be carried out at Not applicable to English version, 
the premises of undertakings, in 
particular where infringements 
which jeopardize safety in the 
transport of dangerous goods 
have been recorded on the road. 
Initial text proposed by the Commission Amended text 
Amendment n* 6 
Article 10(1), first subparagraph 
1. Member States shall bring into 1. Member States shall bring into 
force the laws, regulations and force the laws, regulations and 
administrative provisions administrative provisions 
necessary to comply with this necessary to comply with this 
Directive by 1 January 1995. Directive by 1 January 1996. 
They shall forthwith inform the They shall forthwith inform the 
Commission thereof. Commission thereof. 
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Initial text proposed by the Commission E Amended text 
a"7 
ANNEX I, 'Vehicle equipment* title and item 22a (new) 
Vehicle equipment Vehicle equipment and condition 
22& Vefeyfe m*Miition shall comply 
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Done at Brussels For fte Cpyngjl 
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ESN 0254-1475 
COM(94) 340 final 
DOCUMENTS 
EN 02 07 
Catalogue number : CB-CO-94-354-EN-C 
ISBN 92-77-71949-4 
Offîce for Official Publications of the European Communities 
L-2985 Luxembourg