<•*. COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 12.03.1996 
COM(96) 96 final - SYN 516 
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 APPOINTMENT AND VOCATIONAL 
QUALIFICATION OF SAFETY ADVISERS FOR THE TRANSPORT OF 
DANGEROUS GOODS BY ROAD, RAIL AND INLAND WATERWAY 
(presented by the Commission pursuant to Article 189 c (d) of the EC Treaty) 

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 APPOINTMENT AND VOCATIONAL 
QUALIFICATION OF SAFETY ADVISERS FOR THE TRANSPORT OF 
DANGEROUS GOODS BY ROAD, RAIL AND INLAND WATERWAY 
On 17 January 1996 the European Parliament amended the Common Position adopted by the 
Council on 6 October 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 reexamined 
its proposal and decided not to accept the amendments for the following reasons : 
Amendment 1: 
The aim of this amendment is for the safety adviser to prepare an accident report. 
Furthermore, that report must be sent to the competent authority. The Commission 
considers this amendment to be less flexible than the text agreed by the Council. 
Amendment 2: 
The second amendment, requesting that the Commission be provided with the relevant 
information concerning accidents, is not considered to be a useful contribution to the 
overall goal of improving safety performance in the transport of dangerous goods, 
because it simply sets an obligation for Member States to forward relevant 
information to the Commission. However, in the European Community system a 
more effective measure is provided by Council Directive 94/55/EC, and in particular 
its Article 5 thereof, which already includes appropriate provisions for emergency 
measures and further steps to be taken following accidents. 
Amendment 3: 
The proposed earlier date for coming into force of this Directive (1. January 1998 
instead of 2000) can not be deemed as achievable as Member States need time to 
establish appropriate training facilities. 
The Commission therefore maintains its proposal. 
Annex: 3 amendments 
Common position of the Council Amendments 
(Amendment 1) 
Article 7 
Whenever an accident affects persons, 
property or the environment or 
results in damage to property or the 
environment during transport, loading 
or unloading carried out by the un­
dertaking concerned, the adviser 
shall, after collecting all the rel­
evant information, prepare an acci­
dent report to the management of the 
undertaking or to a local public 
authority, as appropriate. 
That report shall not replace any 
report by the management Qf the un­
dertaking which might be required in 
the Member States under any other 
international, Community or national 
legislation. Whenever an accident affects persons, 
property or the environment or 
results in damage to property or the 
environment during transport, loading 
or unloading carried out by the un­
dertaking concerned, the risk preven­
tion officer must, after collecting 
all the relevant information, prepare 
an accident report^ 
That report must be sent to the auth­
ority or body designated by the Mem­
ber State within two months of the 
date of the accident. However, it 
shall not replace any report by the 
management of the undertaking which 
might be required in the Member 
States under any other international 
Community or national legislation. 
(Amendment 2) 
Article 7 a (new) 
Every year Member States shall for­
ward the relevant information to the 
Commission concerning the number and 
circumstances of the accidents within 
the meaning of Article 7 that have 
taken place on their territory. 
(Amendment 3) 
Article 11(1) 
1 . The Member States shall bring into 
force the necessary laws, regulations 
and administrative provisions in 
order to comply with this Directive 
no later than 31 December 1999. They 
shall forthwith inform the Commission 
thereof. 1 . The Member States shall bring into 
force the necessary laws, regulations 
and administrative provisions in 
order to comply with this Directive 
no later than 1 January 1998. They 
shall forthwith inform the Commission 
thereof. 
When Member 
measures they 
ences to this 
accompagny them 
on their offic 
Member States 
manner in which 
be made. States adopt those 
shall include refer-
Directive or shall 
with such references 
ial publication. The 
shall prescribe the 
such references shall 
1 When Member States adopt those 
measures they shall include refer­
ences to this Directive or shall 
accompagny them with such references 
on their official publication. The 
Member States shall prescribe the 
manner in which such references shall 
be made. 
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ISSN 0254-1475 
COM(96) 96 final 
DOCUMENTS 
EN 07 
Catalogue number : CB-CO-96-100-EN-C 
ISBN 92-78-01313-7 
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