OPINION OF THE COMMISSION pursuant to Article 251 (2) (c) of the EC Treaty, on the European Parliament's amendment to the Council's common position regarding the proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the harmonisation of examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland waterways AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the EC Treaty

1998/0106 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2) (c) of the EC Treaty, on the European Parliament's amendment to the Council's common position regarding the proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the harmonisation of examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland waterways

1. BACKGROUND

On 19 March 1998, the Commission submitted to the Council a proposal for a Directive on the harmonisation of examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland waterways (COM(1998)174 final - SYN 1998/0106) [1].

[1] OJ C 148, 14.5.1998, p. 21.

On 9 September 1998, the Economic and Social Committee gave a favourable opinion [2].

[2] OJ C 407, 28.12.1998, p. 118.

On 20 October 1998, the European Parliament gave an opinion on the proposal at first reading [3].

[3] OJ C 341, 9.11.1998, p. 32.

On 23 December 1998, the Commission submitted an amended proposal to the Council (COM(1998)803 final - SYN 1998/0106) [4].

[4] OJ C 52, 23.2.1999, p. 16.

On 29 March 1999, the Council adopted a common position [5].

[5] OJ C

On 15 July 1999, the Committee of the Regions decided not to draw up an opinion on the proposal [6].

[6] Letter No 1295 of 22.7.1999, adressed to the Council's General Secretariat.

On 18 January 2000, the European Parliament decided to amend the common position at second reading [7].

[7] OJ C

2. AIM OF THE COMMISSION'S PROPOSAL

The aim of this proposal is to harmonise the laws of the Member States on examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland waterways.

Under Directive 96/35/EC, undertakings involved in the transport of dangerous goods by road, rail or inland waterways, including loading or unloading connected with such transport, must appoint one or more safety advisers to reduce the risks for persons, goods and the environment.

The professional competence of safety advisers is to be ensured by special training and approved by a certificate, after passing of an examination. The training certification is to be recognized by all Member States. Directive 96/35/EC does not contain any detailed provisions on the harmonization of examination requirements; consequently, the aim of this proposal is to lay down minimum safety requirements for examinations for safety advisers.

3. COMMENTS ON PARLIAMENT'S AMENDMENT AT SECOND READING

3.1 General

The Commission takes the view that the only amendment made by Parliament to the Council's common position is in line with the aims of its proposal.

3.2 Comments on the amendment

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The Commission can accept this amendment, given that the date specified in the common position is no longer applicable and the solution proposed by Parliament is realistic.

4. GENERAL CONCLUSIONS

The Commission considers that the Council's common position, together with Parliament's amendment at second reading, is in line with the aims of its proposal.

Consequently, the Commission accepts the modification made to the Council's common position by Parliament's amendment.