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it it COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussel, 14.09.1995 
COM(95) 424 final 
94/0284 (SYN) 
Amended proposal for a 
COUNCIL DIRECTIVE 
on the approximation of the laws of the 
Member States with regard to the 
transport of dangerous goods by rail 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

# Explanatory memorandum 
Subject : Amendment to 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 
Background 
Both the European Parliament's1 and the Economic and Social Committee's2 reports on the 
proposal are supportive of the initiative. The following amendment to its original proposal 
can be accepted by the Commission. 
The final amendment, accepted by the Commission, allows Member States who are currently 
involved in rail transport operations with states of the former Soviet Union to continue to do 
so, where the conditions of transport do not fully comply with the requirements of the Annex 
but are of an equivalent level of safety. 
The remaining 4 amendments were considered inappropriate for incorporation in the text. 
Amendment 1 which would require all consignments of dangerous goods by rail to be subject 
to a prior notification procedure was considered over-bureaucratic with no obvious increase 
in safety. 
The second amendment, requiring a total prohibition on transport of dangerous goods on 
trains carrying members of the public, even in small quantities, would create difficulties in 
practice for certain Member States and on branch lines. 
Amendment 3 is misplaced in an Article that allows only for stricter provisions and 
furthermore gives derogations to sections of the railway which should have no problem 
meeting the Annex. 
The 4th amendment would allow for the persistence of barriers to trade with regard to 
construction standards. 
O.J. 
Amended proposal for a 
COUNCIL DIRECTIVE 
on the approximation of the laws of the Member States with 
regard to the transport of dangerous goods by rail 
The proposal from the Commission forming the subject of document COM(94)573 final3 is hereby 
amended as follows : 
Initial text proposed by the Commission Amended text 
(Amendment) 
Article 7 
Subject to national or Community provisions 
on market access, the transport of dangerous 
goods by rail between Community territory 
and third countries shall be in accordance 
with the requirements of the RID. L Subject to national or Community 
provisions on market access, the 
transport of dangerous goods by rail 
between Community territory and third 
countries shall be in accordance with the 
requirements of the RID. 
2+ This Directive shall not affect the right of 
any Member State to adopt rules 
governing the transport on its territory of 
dangerous goods by rail from or to the 
states of the former Soviet Union which 
are not Contracting Parties to the COTIF. 
Such rules shall apply only to the 
carriage of dangerous goods as part-load 
consignments, in hulk or in tanks by 
means of rail wagons approved for rail 
transport in a state which is not a 
Contracting Party to the COTIF. 
Germany. Finland and Austria shall 
ensure, by adopting appropriate measures 
and conditions, that a standard of safety 
equivalent to that provided for by the 
RID is maintained. In Germany and 
Austria, the provisions of this paragraph 
shall apply only to tank wagons. 
Remainder unchanged. 
O.J. C 389, 31.12.1994, p. 15 3 

ISSN 0254-1475 
COM(95) 424 final 
DOCUMENTS 
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Catalogue number : CB-CO-95-463-EN-C 
ISBN 92-77-93325-9 
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