ft*ft ft ft ft ft ft ft *ft* COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 04.06.1996 
COM(96) 235 final 
94/0284 (SYN) 
OPINION OF THE COMMISSION 
on the amendments proposed by the European Parliament 
to the Council's common position on the 
proposal for a 
COUNCIL DIRECTIVE 
ON THE APPROXIMATION OF THE LAWS OF MEMBER STATES 
WITH REGARD TO THE 
TRANSPORT OF DANGEROUS GOODS BY RAIL 
(presented by the Commission pursuant to Article 189 c (d) oi the EC Treaty) 

On 16 April 1996 the European Parliament amended the Common Position adopted by the 
Council on 8 December 1995 on the above-mentioned proposal. The amendments of the 
Parliament are at Annex. 
Under Article 189 C, sub-paragraph (d) of the EC Treaty, the Commission has re-examined 
its proposal and decided not to accept the amendments for the following reasons. 
The first amendment, requiring notification prior to all shipments of (undefined) "extremely" 
dangerous goods, is considered by the Commission to be unnecessarily bureaucratic with no 
obvious benefit to safety. The reference to "extremely" dangerous goods introduces an 
element of legal uncertainty, in that it would create an additional category of goods (the 
"extremely" dangerous ones) to the ones referred to in the proposal. 
The type of transport sought by the second amendment is already almost entirely covered by 
the existing derogation allowed for under Articles 6,11 and the new 6,14 of the Common 
Position where less stringent provisions may apply for transport within ports or airports or 
within or between industrial sites. Therefore this new amendment is superfluous. 
The Commission therefore maintains its proposal and rejects the amendments proposed by 
the Parliament to the Council's Common Position. 
Annex: 2 amendments of the European Parliament 
X 
ANNEX 
Common position of the Council Amendments 
(Amendment 1) 
Article 3(2a) (new) 
For the transport of extremely 
dangerous goods. the various 
competent authorities shall be 
informed in advance. 
(Amendment 2) 
Article 5 
1 . Without prejudice to other 
Community provisions, each Member 
State shall retain the right to 
regulate or prohibit, strictly for 
reasons other than safety during 
transport connected in particular 
with national security or 
environmental protection, the 
transport of certain dangerous goods 
within its territory. 1 . . Without prejudice to other 
Community provisions, each Member' 
State shall retain the right to 
regulate or prohibit, strictly for 
reasons other than safety during 
transport connected in particular 
with national security or 
environmental protection, the 
transport of certain dangerous goods 
within its territory. 
1a. This Directive shall not restrict 
the right of Member States, with due 
regard for Community law, to adopt 
special rules or grant derogations 
for transport operations of local 
significance, e.g. the transport of 
hydrogen cyanide in purpose-built 
tank wagons, or for the transport of 
dangerous goods on narrow-gauge, dock 
or mountain railways. 
2(a). For transport via the Channel 
Tunnel, France and the United Kingdom 
may impose more stringent provisions 
than those provided for in the Annex. 
The Commission shall be informed of 
such provisions and it shall inform 
the other Member States. 
2(b). Where a Member State considers 
that stricter provisions should be 
applied to transport through tunnels 
with characteristics similar to the 
Channel Tunnel within its territory, 
it shall inform the Commission. The 
Commission, acting in accordance with 
the procedure laid down in Article 9, 
shall decide whether the tunnel in 
question has similar characteristics. 
Provisions adopted by a Member State 
shall be notified to the Commission, 
which shall inform the other Member 
States. 2(a). For transport via the Channel 
Tunnel, France and the United Kingdom 
may impose more stringent provisions 
than those provided for in the Annex. 
The Commission shall be informed of 
such provisions and it shall inform 
the other Member States. 
2(b). Where a Member State considers 
that stricter provisions should be 
applied to transport through tunnels 
with characteristics similar to the 
Channel Tunnel within its territory, 
it shall inform the Commission. The 
Commission, acting in accordance with 
the procedure laid down in Article 9, 
shall decide whether the tunnel an 
question has similar characteristics. 
Provisions adopted by a Member State 
shall be notified to the Commission, 
which shall inform the other Member 
States. 
2 0e) -- ; Ai Member State ,i.ft which the 
ambient • -temperature is roqularly 
lower than - 20 C may impose more 
stringent standards as regards the 
operating temperature of material 
intended for use in the national 
transport of dangerous goods by rail 
within its territory until provisions 
on the appropriate reference 
temperatures for given climatic zones 
are incorporated in the Annex. 
3. If on the occasion of an accident 
or an incident, a Member State 
considers that the safety provisions 
applicable have been found to be 
insufficient to limit the hazards 
involved in the transport operation 
and if there is an urgent need to 
take action, that Member State shall 
notify the Commission at the planning 
stage of the measures which it 
proposes to take. Acting in 
accordance with the procedure laid 
down in Article 9, the Commission 
shall decide whether the 
implementation of the measures in 
question should be authorized and 
shall determine the duration thereof. .•!(.<•):-. A M«unlxM .' >1 .11 « • in winch I |>. • 
.uiihit'iit t <M»p*'i «it .in *' t:. iv<ml,ti lv 0 
Jowt.w than 2.0 C may impose more 
stringent standards as regards the 
operating temperature of material 
intended for use in the national 
transport of dangerous goods by rail 
within its territory until provisions 
on the appropriate reference 
temperatures for given climatic zones 
are incorporated in the Annex. 
3. If on the occasion of an accident 
or an incident, a Member State 
considers that the safety provisions 
applicable have been found to be 
insufficient to limit the hazards 
involved in the transport operation 
and if there is an urgent need to 
take action, that Member State shall 
notify the Commission at the planning 
stage of the measures which it 
proposes to take. Acting in 
accordance with the procedure laid 
down in Article 9, the Commission 
shall decide whether the 
implementation of the measures in 
question should be authorized and 
shall determine the duration thereof. 
4. Member States may maintain all 
national provisions applicable on 31 
December 1996 to the transport and 
packing of substances containing 
dioxins or furans. 4. Member States may maintain all 
national provisions applicable on 31 
December 1996 to the transport and 
packing of substances containing 
dioxins or furans. 
DOC EN\RR\295\295933 t PE 215.566/fin. 
ISSN 0254-1475 
COM(96) 235 final 
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