Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road

(presented by the Commission)

EXPLANATORY MEMORANDUM

A. General points

Current situation

Council Directive 94/55/EC of 21 November 1994 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road introduced uniform rules for the transportation of dangerous goods between the Member States as well as in national transportation within the Member States.

Annex A to Directive 94/55/EC lists the dangerous goods that may be carried by road and gives rules for packaging, labelling and for describing goods in the transport documents. Annex B gives rules for the vehicles and transport operations.

Within the context of Directive 94/55/EC and in order to improve the level of safety in the transport of dangerous goods and to ensure a sufficient level of checks to be carried out in a harmonised way, the Council adopted on 6 October 1995 Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road. This Directive entered into force on 17 October 1995 and Member States had to comply with it by 1 January 1997. It includes a harmonised checklist to be used by Member States as well as a harmonised list of infringements.

The Annexes to this Directive are related with the Annexes to Directive 94/55/EC in such a way that adaptation to scientific and technical progress of Annexes to 94/55/EC may effect the Annexes to Directive 95/50/EC.

The adaptation to scientific and technical progress of Annexes to 94/55/EC is made using a Committee procedure. Currently there is no Committee procedure in Directive 95/50/EC.

This results in two problems.

Firstly, Annex I to Directive 95/50/EC needs to be amended in order to take into account the latest adaptation to technical progress of Directive 94/55/EC.

Secondly, a Committee procedure similar to that which already exists in Directive 94/55/EC is needed for Directive 95/50/EC in order to guarantee coherence in future adaptations to scientific and technical progress of the two interrelated Directives.

B. Justification of Community action

I. Subsidiarity

(a) What are the objectives of the planned action in relation to the obligations of the Community?

The first objective of this amendment of Directive 95/50/EC is to amend Annex I to it in order to take into account Commission Directive 1999/47/EC of 21 May 1999 adapting for the second time to technical progress Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road.

The second objective is to have an efficient procedure for the amendment of Annexes to Directive 95/50/EC in particular in order to take into account the amendments of the framework Directive 94/55/EC. This is important for the Community in ensuring the coherence of its legislation, e.g. between the provisions of the framework Directive 94/55/EC and those laid down in the Annexes to Directive 95/50/EC.

(b) Does the envisaged action relate to an exclusive competence of the Community or a competence shared with the Member States?

Shared competence. Article 71(1)(c)

(c) What is the Community dimension of the problem (for instance, how many Member States are involved and which is the solution so far)?

Directive 95/50/EC is addressed to all the Member States.

(d) Which solution is most efficient in comparison between Community measures and measures of the Member State?

Community legislation already exists. Therefore amending Community legislation is the only efficient way.

(e) What is the specific value of the envisaged Community action and what would be the cost of inaction?

Inaction concerning the first objective would mean incoherence between different pieces of Community legislation.

Inaction concerning the second objective would mean different timings for similar changes in interrelated Community legislation and would oblige the Member States to amend their national legislation with similar changes in different pieces of legislation at a different time instead of doing it simultaneously, entailing extra expenditure for the Member States and industry. The specific value of Community action is that it obviates unnecessary expenditure.

(f) What forms of action are available to the Community (recommendations, financial support, regulation, mutual recognition, etc.)?

Amending a Directive is the sole means to deal with the problems connected with the application of certain provisions of a Directive in force.

(g) Is it necessary to have a uniform regulation or is a Directive setting out the general objectives sufficient, leaving implementation to the Member States?

Amending a Directive is sufficient to deal with the problems connected with the application of certain provisions of a Directive.

II. Harmonisation of conditions

Amending Directive 95/50/EC does not entail amending the level of harmonisation established in the Community for the transport of dangerous goods by road.

III. Coherence with other Community policies

Amending Directive 95/50/EC has no impact on other Community policies.

C. Objective of the proposal

This proposal for amending Directive 95/50/EC is intended to settle two problems that have been outlined above under A. General points.

The solution for the first problem includes amendments in Annex I to the Directive because several items in it are no longer consistent with Directive 94/55/EC as last amended.

The solution for the second problem includes the introduction of a Committee procedure for amendment of the Annexes in the future.

The proposal has the intention to ensure coherence between Annexes to Directive 94/55/EC and to Directive 95/50/EC.

D. Contents of the proposal

Article 1 sets out the proposed amendments to Directive 95/50/EC.

Paragraph 1 inserts new Articles 9a and 9b which establish the procedure for adaptation of the Annexes to Directive 95/50/EC to scientific and technical progress. This procedure includes a Committee on the transport of dangerous goods set up by Article 9 of Directive 94/55/EC. The Committee is a regulatory committee in accordance with Article 5 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission.

Paragraph 2 amends Annex I as follows:

Point (a) amends item 13 by replacing the text 'Gross mass of dangerous goods by transport unit' by 'Total quantity of dangerous goods per transport unit';

Point (b) amends item 15 by replacing the text 'battery of receptacles' by 'battery vehicle';

Point (c) amends item 32 by replacing the text 'Tool set for temporary repairs' by 'One handlamp for each member of the vehicle crew';

Point (d) amends item 34 by replacing the text 'Two orange-coloured lights' by 'Two self-standing warning signs';

Point (e) amends item 36 by replacing the text 'Driver's personal protective equipment' by 'A suitable warning vest or warning clothing for each member of the vehicle crew'.

Articles 2, 3 and 4 contain provisions concerning transposition by the Member States and the entry into force of this act amending Directive 95/50/EC.

2000/0044 (COD)

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road (Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof,

Having regard to the proposal from the Commission [1],

[1] OJ C

Having regard to the opinion of the Economic and Social Committee [2],

[2] OJ C

Having regard to the opinion of the Committee of the Regions [3],

[3] OJ C

Acting in accordance with the procedure referred to in Article 251 of the Treaty [4],

[4] OJ C

Whereas:

(1) Council Directive 94/55/EC of 21 November 1994 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road [5] laid down uniform rules for the transportation of dangerous goods in the Community.

[5] OJ L 319, 12.12.1994, p. 7.

(2) The Annexes to Council Directive 95/50/EC of 6 October 1995 on uniform procedures for checks on the transport of dangerous goods by road [6] are related to the Annexes to Directive 94/55/EC. Adaptation to scientific and technical progress of Annexes to Directive 94/55/EC may have an effect on the Annexes to Directive 95/50/EC.

[6] OJ L 249, 17.10.1995, p. 35.

(3) Adaptation to scientific and technical progress of Annexes to Directive 94/55/EC is made using a Committee procedure.

(4) It must be possible to adapt the Annexes to Directive 95/50/EC rapidly to scientific and technical progress. For that purpose, also for this Directive, a Committee should be set up.

(5) Since the measures necessary for the implementation of this Directive are measures of general scope within the meaning of Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission [7], they should be adopted by use of the regulatory procedure provided for in Article 5 of that Decision.

[7] OJ L 184, 17.7.1999, p. 23.

(6) Annex I to Directive 95/50/EC should be amended in order to take into account Commission Directive 1999/47/EC of 21 May 1999 adapting for the second time to technical progress Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road [8].

[8] OJ L 169, 5.7.1999, p. 1.

(7) Directive 95/50/EC should therefore be amended accordingly.

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 95/50/EC is hereby amended as follows:

1. The following Articles shall be inserted:

'Article 9a

The amendments necessary to adapt the Annexes to scientific and technical progress in the fields covered by this Directive, in particular to take account of amendments to Directive 94/55/EC, shall be adopted in accordance with the procedure laid down in Article 9b.

Article 9b

1. The Commission shall be assisted by the committee on the transport of dangerous goods instituted by Article 9 of Directive 94/55/EC [9], composed of representatives of the Member States and chaired by the representative of the Commission.

[9] OJ L 319, 12.12.1994, p. 7.

2. Where reference is made to this paragraph, the regulatory procedure laid down in Article 5 of Decision 1999/468/EC shall apply, in compliance with Article 7 (3) and Article 8 thereof.

3. The period provided for in Article 5(6) of Decision 1999/468/EC shall be three months.

2. Annex I is amended as follows:

(a) In item 13 'Gross mass of dangerous goods by transport unit' shall be replaced by 'Total quantity of dangerous goods per transport unit';

(b) In item 15 'battery of receptacles' shall be replaced by 'battery vehicle';

(c) In item 32 'Tool set for temporary repairs' shall be replaced by 'One handlamp for each member of the vehicle crew';

(d) In item 34 'Two orange-coloured lights' shall be replaced by 'Two self-standing warning signs';

(e) In item 36 'Driver's personal protective equipment' shall be replaced by 'A suitable warning vest or warning clothing for each member of the vehicle crew'.

Article 2

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than ... [10]. They shall forthwith inform the Commission thereof.

[10] 6 months from the date of entry into force of this Directive.

When Member States adopt those measures they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the texts of the essential provisions of national law which they adopt in the field governed by this Directive.

Article 3

This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.

Article 4

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President