là© f# ittii COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(94) 238 final - SYN 477 
BrusseIs, 02.06.1994 
Amended proposal for a 
COUNCIL DIRECTIVE 
on the approximation of the laws of the 
Member States with regard to the transport 
of dangerous goods by road 
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(presented by the Commission pursuant to Article 189 A (2) 
of the EC-Treaty) 
Explanatory memorandum 
Subject : Amendment to the proposal for a Council Directive on the approximation of the 
laws of Member States with regard to the transport of dangerous goods by road. 
Background 
In line with measures announced in the Communication from the Commission to the Council 
for an action programme on Road Safety in 19931, the Commission has drawn up this 
Directive to ensure a uniform provision throughout the Community for the transport of 
dangerous goods at national and international level. 
Both the European Parliament's2 and the Economic and Social Committee's3 reports on the 
proposal are generally supportive of the initiative. The following amendments to its original 
proposal can be accepted by the Commission. 
Amendment 1 limits the derogation covering non-certified packagings to national territory. 
Amendment 2 excludes from the derogation for small quantities of medium or highly 
radioactive material. 
COM (93)246 of 9 June 1993 
2 OJ. 
O.J. 
^U 
Amended proposal for a 
COUNCIL DIRECTIVE 
on the approximation of the laws of the 
Member States with regard to the transport 
of dangerous goods by road 
The proposal from the Commission forming the subject of document COM(93)548 final4 is 
hereby amended as follows : 
Initial text proposed by 
the Commission Amended text 
Amendment n° 1 
Article 6(5) 
5. liaeh Member State may allow the use of 
packagings constructed and not certified in 
accordance with the provisions of the ADR 
before the date of application of this 
Directive, provided that the packaging shows 
the date of manufacture and that it would be 
capable of passing the appropriate tests 
according to the requirements in national 
legislation in force up to the date of 
application of this Directive and provided that 
all such packagings are maintained to the 
relevant safety levels (including testing and 
inspection where required), according to the 
following scheme : metal intermediate bulk 
containers and stainless steel and aluminium 
drums for a maximum period of 15 years 
from their date of manufacture; other metal 
and plastics packagings for a maximum 
period of 5 years from their date of 
manufacture but not after 31 December 1998. 5. Each Member State may allow the use, on 
its territory, of packagings constructed and 
not certified in accordance with the 
provisions of the ADR before the date of 
application of this Directive, provided that 
the packaging shows the dale of manufacture 
and that it would be capable of passing the 
appropriate tests according to the 
requirements in national legislation in force 
up to the date of application of this Directive 
and provided that all such packagings are 
maintained to the relevant safety levels 
(including testing and inspection where 
required), according to the following scheme 
: metal intermediate bulk containers and 
stainless steel and aluminium drums for a 
maximum period of 15 years from their date 
of manufacture; other metal and plastics 
packagings for a maximum period of 5 years 
from their date of manufacture but not after 
31 December 1998. 
O.J. C 17/6 -20.1.1994 
£ 
Initial text proposed by 
the Commission Amended text 
Amendment n°2 
Article 6(7) 
7. Each Member State may retain less 
stringent provisions than those set out in 
Annexes A & B to this Directive for national 
transport of small quantities of certain 
dangerous goods. It shall inform the 
Commission of the legal provisions 
concerned. 7. Each Member State may retain less 
stringent provisions than those set out in 
Annexes A & B to this Directive for national 
transport of small quantities of certain 
dangerous goods, with the exception of 
medium and highly radio-active substances or 
goods. It shall inform the Commission of the 
legal provisions concerned. 
3> 
BSN 0254-1475 
COM(94) 238 final 
DOCUMENTS 
EN 06 07 
Catalogue number : CB-CO-94-250-EN-C 
ISBN 92-77-69639-7 
Office for Officiai Publications of the European Communities 
L-2985 Luxembourg 
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