Amended proposal for a Council Directive on the harmonisation of examination requirements
for safety advisers for the transport of dangerous goods by road, rail or inland waterwaysØ (˛)
(1999/C 52/11)
(Text with EEA relevance)
COM(1998) 803 final - 98/0106(SYN)
(Submitted by the Commission pursuant to Article 189a(2) of the EC Treaty on 23 December
1998)
(˛)ÙOJ C 148, 14.5.1998, p. 21.
ORIGINAL TEXT AMENDED TEXT
(Amendment 1)
Article 1(2)
Member States shall take all necessary and appropriate
measures to ensure that safety advisers are examined inconformity with the requirements provided by the
present Directive.Member States shall take all necessary and appropriate
measures to ensure that safety advisers for the transportof dangerous goods are examined in conformity at least
with the requirements provided by the present Directive.
(Amendment 2)
Article 3(2)
In the examination, the candidates shall demonstrate that
they have sufficient knowledge to be awarded thevocational certificate.In the examination, the candidates shall demonstrate that
they have sufficient knowledge to be capable of fulfillingthe tasks of an adviser in an undertaking whose activityincludes the transport of dangerous goods or the loadingand unloading connected with such transport.
(Amendment 4)
Article 3(4)
The examination shall take the form of a written examÜ
ination.The examination shall take the form of a written examÜ
ination, but may be supplemented by an oral element.
(Amendment 5)
Article 3(5)(a)
(a)ÙEach candidate shall be asked questions on the
subject matters covered by Annex II of Directive
96/35/EC as follows:(a)ÙQuestions shall be set on the subject matters listed in
Annex II of Directive 96/35/EC, the requirements
being as follows:
1.ÙThree questions on each subject listed below: 1.ÙAt least three questions on each subject listed
below:
-ÙGeneral preventative and safety measures, -ÙGeneral preventative and safety measures,C 52/16 23.2.1999 Official Journal of the European Communities
EN
ORIGINAL TEXT AMENDED TEXT
-ÙThe classification of dangerous goods, -ÙThe classification of dangerous goods,
-ÙGeneral packaging requirements, to include
tankers, tankÜcontainers, tankÜwagons, etc.,-ÙGeneral packaging requirements, to include
tankers, tankÜcontainers, tankÜwagons, etc.,
-ÙDanger markings and labels, -ÙDanger markings and labels,
-ÙReferences in transport documents, -ÙReferences in transport documents,
-ÙHandling and stowage, -ÙHandling and stowage,
-ÙCrews: vocational training, -ÙCrews: vocational training,
-ÙVehicle papers, means of transport certificates, -ÙVehicle papers, means of transport certificates,
-ÙSafety instructions, -ÙSafety instructions,
-ÙRequirements relating to transport equipment. -ÙRequirements relating to transport equipment.
2.ÙTwo questions on each subject listed below: 2.ÙAt least two questions on each subject listed
below:
-ÙThe method of consignment and restrictions
on dispatch,-ÙThe method of consignment and restrictions
on dispatch,
-ÙProhibitions and precautions relating to mixed
loading,-ÙProhibitions and precautions relating to mixed
loading,
-ÙThe segregation of substances, -ÙThe segregation of substances,
-ÙLimits on the quantities carried and exempted
quantities,-ÙLimits on the quantities carried and exempted
quantities,
-ÙCleaning and/or degassing before loading and
after unloading,-ÙCleaning and/or degassing before loading and
after unloading,
-ÙTraffic and/or navigation regulations and
restrictions,-ÙTraffic and/or navigation regulations and
restrictions,
-ÙOperational and accidental discharges of
pollutants.-ÙOperational and accidental discharges of
pollutants.
3.ÙOne question on each subject listed below: 3.ÙAt least one question on each subject listed below:
-ÙThe transport of passengers, -ÙThe transport of passengers,
-ÙSurveillance of obligations: parking. -ÙSurveillance of obligations: parking.23.2.1999 C 52/17 Official Journal of the European Communities EN
ORIGINAL TEXT AMENDED TEXT
(Amendment 7)
Article 4(1)
1.ÚÙNotwithstanding Article 3 paragraph 5, Member
States may provide that avisers working for undertakingsas defined in Article 2 whose activities are concernedonly with specific dangerous goods, namely Class 1
(explosives), Class 2 (gases), Class 7 (radioactive
material) or mineral oil products (UN numbers 1202,1203, 1223), shall be tested, in accordance with Annex IIof Directive 96/35/EC only on the subject matters
related to their activities. The EC certificate of training
issued in accordance with Annex III of Directive96/35/EC will clearly indicate that it is valid only for thespecific dangerous goods in accordance with this Article
for which the adviser has been examined.1.ÚÙNotwithstanding Article 3 paragraph 5, Member
States may provide that candidates wishing to work asadvisers for undertakings as defined in Article 2 whoseactivities are concerned only with specific dangerous
goods shall be tested, in accordance with Annex II of
Directive 96/35/EC only on the subject matters relatedto their activities.
The types of goods concerned are as follows:
-ÙClass 1: Explosives,-ÙClass 2: Gases,-ÙClass 7: Radioactive material,-ÙMineral oil products (UN Numbers 1202, 1203,
1223),
-ÙClasses 3, 4, 5, 6, 8 and 9: Solids and liquids.
The EC certificate of training issued in acordance with
Annex III of Directive 96/35/EC will clearly indicatethat it is valid only for the specific dangerous goods in
accordance with this Article for which the adviser has
been examined.
(Amendment 9)
Article 7
Member States shall assist one another in the implemenÜ
tation of this Directive and shall exchange informationon the catalogue of questions, as referred to in Article 3
paragraph 3.Member States shall assist one another in the implemenÜ
tation of this Directive by forwarding to theCommission, at regular intervals, on the catalogue of
questions, as referred to in Article 3 paragraph 3. The
Commission shall inform the other Member Statesthereof.
(Amendment 10)
Article 9(3)
Member States shall lay down the system of penalties for
breaching the national provisions adopted pursuant to
this Directive and shall take all the measures necessary to
ensure that those penalties are applied. The penaltiesthus provided for shall be effective, proportionate anddissuasive. Member States shall notify the relevant
provisions to the Commission not later than 30 June
1998 and shall notify any subsequent changes as soon aspossible.Member States shall lay down the system of penalties for
breaching the national provisions adopted pursuant to
this Directive and shall take all the measures necessary to
ensure that those penalties are applied. The penaltiesthus provided for shall be effective, proportionate anddissuasive. Member States shall notify the relevant
provisions to the Commission not later than 30 June
1999 and shall notify any subsequent changes as soon aspossible.C 52/18 23.2.1999 Official Journal of the European Communities EN