Opinion of the Economic and Social Committee on the 'Proposal for a Council Directive on the approximation of the laws of the Member States with regard to the transport of dangerous goods by vessels on inland waterways` (98/C 157/04)

On 11 September 1997 the Council decided to consult the Economic and Social Committee, under Article 75(1)c) of the Treaty establishing the European Economic Community, on the above-mentioned proposal.

The Section for Transport and Communications, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 11 March 1998. The rapporteur was Mr Giesecke.

At its 353rd plenary session (meeting of 25 March 1998) the Economic and Social Committee adopted the following opinion with 105 votes in favour and one abstention.

1. Introduction

1.1. Harmonized provisions are needed for the transport of dangerous goods on Europe's interconnected inland waterways. This applies to both international and national transport.

1.2. The Rhine is the world's busiest waterway. On account of its considerable economic importance for Central Europe, the Rhine has been subject to the rules of the Mannheim Convention since 1868.

On this legal base, the Central Commission for the Navigation of the Rhine (CCNR) has established provisions for the transport of dangerous goods by inland waterway (ADNR), including important training provisions for crews.

The provisions of the ADNR have been transposed into national law by all the Rhine states so that the ADNR applies to all the interconnected waterways of Central Europe.

1.3. In 1997 Austria adopted the ADNR (as the 'ADN Regulation`) with minor changes for transport on the Danube.

1.4. The applicant countries have their national regulations; for international transport, they have concluded bilateral agreements on the basis of the ADNR.

1.5. European third countries have their own national provisions.

1.6. Since 1996 all these countries have been negotiating in the UN Economic Commission for Europe (ECE) a binding agreement on the international transport of dangerous goods by inland waterway.

1.7. So far agreements have been drawn up in the ECE on international rail and road transport. By means of directives, the EU has ensured that these international agreements have been transposed into national law by the Member States.

1.8. To ensure a high level of safety in the intermodal transport of dangerous goods and to utilize available spare capacity in inland shipping, provisions should also be adopted for both international and national inland waterway transport.

1.9. To achieve the goal of pan-European alignment of the rules on the transport of dangerous goods by inland waterway as soon as possible, the ECE must conclude its work as rapidly as possible. If possible the safety level of the ADNR provisions should not be undermined in any respect.

2. The Commission's proposed directive

2.1. The aim of the directive proposed by the Commission is to improve the safety of the transport of dangerous goods by inland waterway throughout Europe. It ensures fair competition in the technical sphere and facilitates operations for the transport industry and shippers.

2.2. In order to guarantee the cooperation of the applicant countries and European third countries in decisions concerning the transport of dangerous goods on Europe's inland waterways, the Commission has made the pan-European ADN rather than the ADNR the legal base of its directive.

2.3. The Commission stresses that it wishes to bring the safety standards of the ADN into line with the ADNR provisions.

3. General comments

3.1. The Committee welcomes the Commission's proposals. The highest current safety standards, namely the ADNR, should also be applied, by means of the ADN (to be completed), to both international and national inland waterway transport in Europe.

3.2. In 1997 the main technical provisions of the ADNR were incorporated in the 'European Provisions concerning the International Carriage of Dangerous Goods by Inland Waterway (ADN)` and published. What remains is to conclude the overall agreement as soon as possible.

3.3. Although the final version of the agreement has not yet been announced in all its details, and hence there would be some risk in the directive referring to this agreement, the Commission's prompt action is to be welcomed.

3.3.1. The main risks are:

- that the ADN transitional provisions could fall slightly short of the ADNR provisions on account of the negotiating situation with the applicant and third countries;

- a watering down of the requirements imposed on the recognized classification societies (inspection authorities).

3.4. The Committee is concerned that if the ADN and ADNR do not tally, two different sets of rules could apply simultaneously to national transport operations: the ADN (in accordance with the directive) for inland waterway vessels whose route does not include the Rhine; the ADNR for inland waterway vessels carrying goods on national inland waterways via the Rhine.

3.5. Article 5(3) of the proposed directive stipulates that, in the event of an accident, a Member State shall notify the Commission before any measures are taken and await its decision.

The Committee considers that if the case is urgent the Member State should be able to take temporary and time-limited measures immediately pending the completion of the Article 5(3) procedure.

4. Specific comments

4.1. The Committee calls on the Commission to continue trying to persuade the Member States to expedite the negotiations on the ADN agreement in the joint ECE-UN/CCNR working party set up in 1995 so that the framework agreement can be finished in 1998 if possible.

4.2. In the interests of a rapid harmonization of the ADN provisions at a high level, the Committee supports the Commission's efforts to accede to the ADN. Its intention should not be to replace the Member States.

4.3. In order to implement the provisions as quickly as possible in the CEEC, the Committee recommends that in the bilateral negotiations with the applicant countries the EU bodies urge ratification of the ADN before accession.

4.4. In this connection the Committee would point out that the ADNR clashes with the EU's VOC directive (), the implementation of which is still causing considerable problems for inland shipping because it deviates from the ADNR.

4.4.1. In some Member States the emptying of tank residues is no longer permitted en route, but is still not possible at potential waste disposal points. This gives rise to additional high waste disposal costs for inland shipping.

4.4.2. The Committee fears that such difficulties in implementation could lead to a switch from safe and environmentally friendly transport on inland waterways to road or rail.

Brussels, 25 March 1998.

The President of the Economic and Social Committee

Tom JENKINS

() OJ L 365, 31.12.1994, pp. 24-33).