17.7.91 Official Journal of the European Communities No C 185/5 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive on the appointment of an officer for the prevention of the 
risks inherent in the carriage of dangerous goods in undertakings which transport such goods, 
and on the vocational qualification of such officers 
(91/C 185/05) 
COM(91) 4 final 
(Submitted by the Commission on 19 June 1991) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Articles 75 and 
84 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas in recent years increasing quantities of 
dangerous goods have been transported, thus increasing 
the risk of accidents; 
Whereas many of the accidents which occur when 
dangerous goods are transported are caused by insuf­
ficient knowledge of the risks inherent in the carriage of 
such goods; 
Whereas it is necessary, with a view to completion of the 
single market in transport, to adopt measures to improve 
the prevention of risks inherent in the carriage of such 
goods; 
Whereas undertakings which carry dangerous goods on 
own account or for hire or reward are not required by 
any specific national, Community or international 
provision satisfactorily to fulfil the appropriate vocational 
training conditions in order to ensure that such goods 
are carried safely; 
Whereas the common rules laid down in Directive 
74/561/EEC ('), as last amended by Directive 
89/438/EEC (2), require the road-haulage operator or the person who continuously and effectively manages 
the transport operations of the undertaking to know 
certain subjects, including the provisions relating to the 
'carriage of dangerous goods'; whereas the contents of 
this subject should be specified in greater detail; 
Whereas the abovementioned Directive does not apply to 
undertakings engaging in the occupation of road-haulage 
operator by means of vehicles the permissible payload of 
which does not exceed 3,5 tonnes or the permissible total 
laden weight of which does not exceed 6 tonnes; 
whereas particularly dangerous goods are commonly 
carried on vehicles beneath this weight limit; 
Whereas the said Directive applies only to undertakings 
transporting goods by road for hire or reward and not to 
undertakings which transport dangerous goods by road 
on own account; 
Whereas Directive (EEC) 89/391 (J) concerns the intro­
duction of measures to promote the improvement of the 
protection or of the health and safety of workers at work 
against vocational hazards but does not introduce 
measures against the other risks inherent in the transport 
of dangerous goods; 
Whereas the European Parliament has declared that 
priority should be given to the vocational training inter 
alia of road hauliers and inland barge masters carrying 
dangerous goods and substances and that training 
requirements should be harmonized at Community 
level (4); 
(') OJ No L 308, 19. 11. 1974, p. 18. 
(2) OJ No L 212, 22. 7. 1989, p. 101. O OJ No L 183, 29. 6. 1989, p. 1. 
(4) Document A2 — 329/87, 4. 3. 1988. 
NoC 185/6 Official Journal of the European Communities 17.7.91 
Whereas Directive 87/540/EEC (') lays down no obli­
gation of vocational competence in respect of the 
carriage of dangerous goods; 
Whereas the Economic and Social Committee considered 
that exports from and imports into the Community of 
the chemicals listed in Annex 1 to Council Regulation 
(EEC) No 1734/88 of 16 June 1988 concerning exports 
from and imports into the Community of certain 
dangerous chemicals (2) should be restricted to transport 
undertakings the operator of which has been duly 
trained or has proved that he is duly qualified (J); 
Whereas the list of chemicals covered by the abovemen-
tioned Regulation is extremely short and does not 
include all dangerous goods which are transported; 
Whereas the undertakings concerned should therefore be 
required to comply with standards relating to the 
prevention of the risks inherent in the carriage of 
dangerous goods, whatever mode of transport is used; 
whereas, to that end, it should be laid down that a risk-
prevention officer who has received appropriate voca­
tional training must be appointed; 
Whereas the essential objectives of the vocational 
training of the said risk-prevention officer must be 
awareness of the risks involved in the carriage of 
dangerous goods and knowledge of the laws, regulations 
and administrative provisions applicable to the transport 
of such goods; 
Whereas the introduction of common rules on the 
prevention of the risks inherent in the carriage of 
dangerous goods will contribute to the elimination of 
distortions of competition in the field of transport; 
Whereas the vocational qualification of the officer for 
the prevention of the risks inherent in the carriage of 
dangerous goods will help improve the profitability of 
the undertaking and the quality of the service provided 
to users; whereas the said vocational qualification will 
also help minimize the risk of accidents which may cause 
irreversible damage to the environment and serious 
injury to other persons who may come into contact with 
dangerous goods; 
Whereas the 'United Nations Recommendations' on the 
transport of dangerous goods ('orange book') contain a 
list of the main dangerous goods common to all modes 
of transport; whereas, with a view to harmonization and 
uniformity, the vocational training of the said risk-
prevention officer should cover the goods so listed, 
O OJ No L 322, 12. 11. 1987, p. 20. 
(2) OJ No L 155, 22. 6. 1988, p. 2. 
(J) Document ESC 1336/88 ce. HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Aim 
The Member States shall take the necessary measures in 
accordance with the requirements laid down in this 
Directive to ensure that from 1 January 1994 under­
takings whose activities include the carriage of 
dangerous goods appoint one or more officers for the 
prevention of the risks inherent in the transport of such 
goods, in order to safeguard public safety, goods and the 
environment. 
Article 2 
Definitions 
For the purposes of this Directive: 
1. undertaking concerned means any natural person, any 
legal person, whether profit-making or not, any asso­
ciation or group of persons [with or] without legal 
personality, whether profit-making or not, or any 
official body, whether having its own legal personality 
or being dependent upon an authority having such 
personality, which transports dangerous goods on 
own account or for hire or reward; 
2. risk-prevention officer means the person responsible 
for the prevention of the risks covered by Article 1; 
3. dangerous goods means: 
(a) goods considered to be dangerous by the 'United 
Nations Recommendations' on the transport of 
dangerous goods; 
(b) waste as defined by Council Directive 
78/319/EECO; 
4. United Nations Recommendations means the recom­
mendations drawn up by the UN Committee of 
Experts on the Transport of Dangerous Goods 
('orange book'), as modified on the date of entry into 
force of the Directive. 
Article 3 
Exemptions 
This Directive shall not apply to: 
1. the carriage of dangerous goods under the authority 
of the armed forces; 
(4) OJ No L 84, 31. 3. 1978, p. 43. 
17.7.91 Official Journal of the European Communities NoC 185/7 
2. undertakings whose main or secondary activity is not 
the carriage of dangerous goods but which oc­
casionally carry goods posing little danger or 
pollution hazard because of their special charac­
teristics or of the small quantities carried. 
Article 4 
Role of the risk-prevention officer 
1. The main task of the risk-prevention officer shall 
be to seek all appropriate means and promote all appro­
priate action to ensure that dangerous goods are trans­
ported in the safest possible way. In particular he shall 
perform the duties listed in Annex I. 
2. The head of an undertaking may also be its risk-
prevention officer. 
3. No person may be appointed risk-prevention officer 
in more than one undertaking. 
4. Each of the undertakings concerned shall send the 
name of its risk-prevention officer to the competent 
authority or the body designated by the Member State. 
Article 5 
Training certificate 
1. The risk-prevention officer must hold a vocational 
training certificate valid for one or more modes of 
transport. The said certificate shall be issued by the 
authority of the body designated by the Member State. 
2. To obtain the said certificate, candidates must pass 
an examination approved by the competent authority. 
3. The essential aims of the said examination are to 
ensure that candidates are sufficiently aware of the risks 
inherent in the carriage of dangerous goods and know 
the laws, regulations and administrative provisions 
relating to the mode(s) of transport of dangerous goods 
used by the undertaking concerned. 
4. The said examination must cover at least the 
subjects listed in Annex II relating to the mode of 
transport in respect of which the training certificate is to 
be issued. 
5. The training certificate shall conform to the model 
in Annex IV. Article 6 
Validity of the certificate 
The vocational training certification referred to in Article 
5 shall be valid for five years. 
The validity of the certificate may be extended for 
further periods of five years where the holder passes a 
refresher test approved by the competent authority in the 
year before his certificate expires. 
Article 7 
Accident report 
Whenever an accident affects public safety or results in 
damage to goods or the environment during carriage, 
loading or unloading carried out by the undertaking 
concerned, the risk-prevention officer must, after 
collecting all appropriate information, draft an accident 
report conforming to the model in Annex III. 
The said accident report must be sent to the authority or 
body designated by the Member State within three 
months of the date of the accident. 
Article 8 
Adaptation of this Directive 
1. For the purposes of amending this Directive with a 
view to: 
— taking into account future amendments to the United 
Nations Recommendations referred to in Article 2 
(4), 
— adapting it to scientific and technical progress in the 
fields which it covers, 
the Commission shall be assisted by an advisory 
committee composed of representatives of the Member 
States and chaired by the representative of the 
Commission. 
2. The Commission representative shall submit to the 
committee a draft of the measures to be taken. The 
committee shall deliver its opinion on the draft, where 
necessary by voting, within a time limit which the 
chairman may lay down according to the urgency of the 
matter. 
3. The opinion shall be entered in the minutes; each 
Member State may ask for its position to be entered in 
the minutes. 
No C 185/8 Official Journal of the European Communities 17. 7. 91 
2. When Member States adopt these measures, they 
shall contain a reference to this Directive or shall be 
accompanied by such reference on the occasion of their 
official publication. The methods of making such a 
reference shall be laid down by the Member States. 
Article 11 
The Council shall determine, on a proposal from the 
Commission, by 31 December 1992 at the latest, uniform 
conditions for the training of officers for the prevention 
of the risks inherent in the carriage of dangerous goods. 
Article 12 
This Directive is addressed to the Member States. 
ANNEX I 
LIST OF THE DUTIES OF THE RISK PREVENTION OFFICER REFERRED TO IN ARTICLE 4 
OF THIS DIRECTIVE 
The officer for the prevention of the risks inherent in the carriage of dangerous goods shall be responsible 
inter alia for: 
— giving his opinion before vehicles are purchased or hired for the carriage of dangerous goods and 
before such vehicles are fitted out, 
— inspecting the equipment used for the carriage of dangerous goods and checking that such equipment is 
not defective or damaged making it unsuitable for the carriage of such goods, 
— identifying dangerous goods before they are loaded and checking the conformity of the equipment to 
be used for their carriage, 
— monitoring compliance with the rules prohibiting the mixed loading of dangerous goods or requiring 
them to be loaded separately, 
— checking the presence and conformity of all documents accompanying the goods during carriage, 
— checking that carriage and related operations have been properly effected, 
— supervising the training of staff involved in the carriage or handling of dangerous goods, 
— taking appropriate measures to introduce an emergency procedure in the case of accidents affecting 
public safety, goods or the environment during the transport of dangerous goods and, whenever appro­
priate, with the official emergency services, 
— giving his opinion on and formulating proposals for the policy in the undertaking concerned for the 
prevention of accidents linked to the carriage or handling of such goods, 
— drafting reports on accidents and incidents occurring during the carriage of dangerous goods or related 
operations, studying appropriate measures to avoid their recurrence and ensuring that these measures 
are implemented as soon as possible. 4. The Commission shall take full account of the 
opinion issued by the committee. It shall inform the 
committee of the way in which it does so. 
Article 9 
This Directive is not applicable to the safety and health 
of workers at work covered by Council Directive 
89/391/EEC and the related implementing Directives. 
Article 10 
Implementation 
1. Member States shall bring into force the laws, 
regulations and administrative provisions necessary to 
comply with this Directive not later than 1 January 1992. 
They shall forthwith inform the Commission thereof. 
L^B^l C^n^ic^i]ourn^io^neEurooe^nC^or^r^unine^ ^oC^^^B^ 
i^T^^S^L^^^^^^tJ^OT^^A^rtCL^^ 
The knowledgerequired in order to qualifyfor a vocational traimngcenficatemust cover atleastthe 
following suh^ects 
1 the physical, chemical and to^icological properties of dangerous goods and the resulting nsks, 
U general preventive safety measures appropriate for different types of nsk, 
tit the provisions relating to the mode of transport used under national laws,Commumty standards, inters 
national conventions and agreements concerning ^^r^^ 
t the classification of dangerous goods, 
^ general packaging requirements, 
^ danger markings and lahels, 
^t references in transport documents, 
^ the method of sending and restrictions on sending, 
D full loads, 
B carnage in hulk, 
^ carnage in containers, 
^ carnage infixed or removahle tanks, 
10 carnage of passengers and dangerous goods, 
It prohihitions on mi^ed loading, 
t^ segregation of suhstances, 
1^ limits on quantities earned, 
t^ handling and stowage, 
1^ cleaning andBor degassing hefore loading and after unloading, 
tD crews, 
IB vocational training, 
1^ vehicle papers, 
t^ safety instructions, 
^0 surveillance ohligations, 
^1 traffic or navigation regulations and resmctions, 
^ operational or accidental discharges of pollutants, 
^3 the stowage and lashing of road vehicles on rolPonBrolPoff ships, 
IV modem techniques for electronic data transmission and the momtonngof dangerousgoods dunng 
carnage 
NoC 185/10 Official Journal of the European Communities 17. 7. 91 
ANNEX III 
MODEL ACCIDENT REPORT 
Name, address and telephone number of the undertaking: 
I. General information 
Date and time of accident: 
Place of accident: 
Country: 
Mode of carriage at time of accident: 
• Road • Sea 
• Rail • Air 
[J Inland waterway 
II. Type of accident 
LI Explosion 
• Fire 
LJ Emission or discharge of dangerous or polluting substances 
LJ Other (give details): 
III. Dangerous goods concerned (') 
Description: 
Classification: 
(') If there is insufficient room, supplement section III with an annex. 
17. 7. 91 Official Journal of the European Communities No C 185/11 
IV. Type and scale of damage 
Injury to persons: . . . dead 
.. . injured 
... poisoned 
.. . other 
Material damage: 
Environmental damage: 
V. Apparent cause of accident 
U Imputable to the dangerous goods transported 
LJ Human error 
LJ Equipment failure 
LJ Imputable to the means of transport used 
LJ Human error 
LJ Equipment failure 
LJ Imputable to a third party 
LJ External cause 
• Weather 
• Other 
LJ Cause unknown 
Q Other cause: 
VI. Measures to be taken to avoid the recourrence of similar accidents: 
(Date) 
(Signature) 
No C 185/12 Official Journal of the European Communities 17. 7. 91 
ANNEX IV 
MODEL VOCATIONAL TRAINING CERTIFICATE 
EEC certificate of training as officer for the prevention of the risks inherent in the carriage of dangerous 
goods 
Certificate No 
Districtive sign of the State issuing the certificate 
Surname: 
Forename(s): 
Date of birth: 
Nationality: 
Signature of holder: 
Valid for the carriage of dangerous goods (') 
LJ by road LJ by rail 
d by inland waterway LJ by sea 
D by air D Until (date) 
Issued by: 
Date 
Signature (') 
Extended until: 
By: 
Date: 
Signature (') 
(') And/or stamp of the authority issuing the certificate..