Proposal for a Council Directive on the approximation of the laws of Member States with regard to the transport of dangerous goods by road
Date: 1993-11-24
Institutions: European Commission
Subjects: approximation of laws, freedom to provide services, intra-EU transport, road transport, transport of dangerous goods, transport safety

COMVIISSION OF THE EUROPEAN COMV1UNITIES 

COM(93) 548 final  - SYN 477 

Brussels, 24 November  1993 

"  t„.  lmm of ^ 

Proposa,  for a council Directly, on the approximation 

sutes w|th regard to the transport ^  ^^ 

goods by road 

(presented  by the Commission) 

_ £ * >,  - 4 -

EXPLANATORY  MEMORANDUM 

A.  General 

Current  situation 

Dangerous  goods  are  subject  to  detailed  national  and  international 
regulations  directed  towards  ensuring  by  law  that  these  goods  are  carried 
under  optimum  conditions  as  regards  the  safety  of  persons,  property  and  the 
envi ronment. 

Each  year  the  volume  and  range  of  dangerous  goods  carried  within  the 
Community,  in particular  by  road,  increases,  with  a  number  of  accidents 
focussing  particular  attention  on  this  form  of  transport. 

All  Member  States  of  the  Community  , except  Ireland,  are  contracting  parties 
to  the  European  Agreement  concerning  the  International  Carriage  of  Dangerous 
Goods  by  Road  (ADR),  which  sets  down  uniform  rules  for  the  international 
transport  of  these  goods  by  road. 

Alongside  the  ADR,  the  international  transport  of  dangerous  goods  by  road 
between  the  contracting  parties  is  regulated  by  numerous  bilateral 
agreements. 

At  national  level  rules  have  developed  in a  diverse  manner.  As  there  is  as 
yet  no  comprehensive  Community  legislation  in place,  it  would  be  in  line 
with  Community  strategy  in  the  context  of  the  Single  Market  to  require  the 
same  established  international  rules  in national  transport  in order  to 
achieve  harmonisation  of  the  conditions  for  transport  of  dangerous  goods  by 
road  throughout  the  Community,  concurrently  ensuring  a  sufficiently  high 
level  of  protection  and  safety. 

Already  the  Commission  has  been  active  in  developing  proposals  on  the 
transport  of  dangerous  goods  in  line with  its  principle  of  plugging  the 
gaps,  where  these  exist,  in existing  international  legislation.  In  this 
context  the  Council  has  adopted  Directive  89/684/EEC^1) on  vocational 
training  for  certain  drivers  of  vehicles  carrying  dangerous  goods  by  road. 

B.  Justification  for  action  at  Community  level 

I. Subsidiari ty 

(a) 

What  are  the  objectives  of  the  proposed  action  in  relation  to  the 
Community's  obligations? 

In seeking  to  harmonise  rules  on  the  transport  of  dangerous  goods 
within,  as  well  as  between,  Member  States,  it  is  intended  that  an 
acceptable  level  of  safety  in  this  form  of  transport  will  be 
ensured. 

(1) 

OJ  No.  L  398,  30.12.89,  p.  33 

-  5 

Moreover,  it  is envisaged  that  a  harmonisation  of  rules  at  national 
level  will  lead  to  a  single  market  in  the  provision  of  transport 
services  with  regard  to  the  transport  of  dangerous  goods  within  the 
Community.  Moreover,  such  a  harmonisation  would  remove  existing 
obstacles  to  free  movement  of  goods  between  Member  States  as  far  as 
transport  equipment  (vehicles,  cylinders,  tanks,  packaging,  safety 
devices)  are  concerned. 

(b) 

Does  competence  for  the  planned  activity  lie  solely  with  the 
Community  or  is  it  shared  with  the Member  States? 

Shared  competence. 
Article  75,  paragraph  1(c) 

(c) 

What  is  the  Community  dimension  of  the  problem  (for  example,  how 
many  Member  States  are  involved  and  what  solution  has  been  used  up 
to  now)? 

All  Member  States,  except  Ireland,  are  already  signatory  to  the  ADR 
Agreement  on  the  international  transport  of  dangerous  goods  by  road 
and  all  Member  States,  without  exception,  have  national  rules  more 
or  less  based  on  those  applied  in  international  transport. 
Nevertheless,  conditions  under  which  dangerous  goods  are 
transported  at  national  level  vary  from  one  Member  State  to 
another.  Such  divergences  as  do  exist  constitute  an  obstacle  to 
free  provision  of  transport  services  and,  moreover,  to  free 
movement  of  transport  equipment  within  the  Community.  Moreover, 
differing  interpretations  of  existing  national  rules  might  lead  to 
a  lowering  of  transport  safety. 

(d) 

What  is  the  most  effective  solution  taking  into  account  the  means 
available  to  the  Community  and  those  of  the  Member  States? 

All  Member  States,  except  Ireland,  are  already  Contracting  Parties 
to  the  ADR  Agreement  for  the  purposes  of  international  transport. 
However,  a  very  large  number  of  bilateral  or  multilateral 
agreements  provide  for  derogations  to ADR  rules  which  impair  the 
uniform  character  of  those  rules.  At  national  level  rules  on  the 
transport  of  dangerous  goods  exist  and  are,  to  a greater  or  lesser 
extent,  based  on  international  rules.  Nevertheless,  these  national 
rules  remain  different  in each  Member  State,  although  gradual 
alignment  with  the  international  rules  is emerging.  The  Commission 
has  a  role  to  play  in coordinating  these  harmonisation  efforts  and 
this  is  the  aim  of  such  a  proposal.  Moreover,  by  bringing  existing 
dangerous  goods  transport  rules  into  Community  legislation,  the 
Commission  will  be  more  able  to  ensure  coherence  between  these 
rules  and  other  related  aspects  of  Community  legislation. 

-  6  -

(e) 

What  real  added  value  will  the  activity  proposed  by  the  Community 
provide  and  what  would  be  the  cost  of  inaction? 

The  added  value  of  this  proposal  for  the  Community  will  be  greater 
clarity  through  the  application  of  uniform  provisions  Community-
wide,  a  commonly  agreed  and  acceptable  level  of  safety,  the  freedom 
of  provision  of  transport  operations  as  well  as  an  enlarged,  open 
market  for  products  and  transport  equipment.  Costs  of  inaction 
would  be  the  persistance  of  obstacles  to  free  provision  of 
transport  services  caused  by  diverging  national  legislations  and 
international  agreements. 

(f) 

What  forms  of  action  are  available  to  the  Community 
(recommendation,  financial  support,  regulation,  mutual  recognition, 
etc  ...)? 

It  is considered  that  a  Directive  is  the  best  means  available  of 
achieving  the  goal  of  uniform  national  requirements  in  this  field, 
which  is already  regulated  to  some  degree  by  Member  States.  A 
Directive  would  allow  the  flexibility  of  amending  existing  national 
rules  rather  than  abandonning  these  for  a  regulation.  A 
recommendation  is considered  insufficient  for  a  transport  sector 
which  constitutes  around  15% of  all  freight  movements  in  the 
Community  and  which,  by  its  very  nature,  might  have  considerable 
implications  for  safety.  Financial  support  would  clearly  be 
inadequate. 

(g) 

Is  it  necessary  to  have  a uniform  regulation  or  is a  directive 
setting  out  the  general  objectives  sufficient,  leaving 
implementation  at  the  level  of  the  Member  States? 

The  nature  of  the  ADR  Agreement  as  it  exists  at  present  is  complex 
and  detailed  in  its  technical  provisions.  It  is  not  the 
Community's  intention  to  further  complicate  these  rules  by 
developing  additional  requirements,  but  rather,  as  far  as  possible 
to  take  the  existing  ADR  for  international  transport  and  transpose 
this  additionally  into  national  law. 

II.  Harmonisation  of  conditions 

Most  national  rules  are  more  or  less  aligned  with  the  existing  international 
recommendations  or  regulations  but  certain  conditions  under  which  dangerous 
goods  are  carried  at  national  level  differ  from  one  Member  State  to  another. 
Divergences  between  the  national  regulations  constitute  an  obstacle  to  free 
provision  of  transport  services  around  the  Community  and  there  are  also 
differing  interpretations  of  existing  international  rules.  This  situation 
requires  the  introduction  of  Community  legislation  ensuring  harmonised 
rules. 

7 -

Moreover, at present  and under  the terms of  the ADR, Member  States conclude, 
on a bilateral  basis, agreements derogating  from  the ADR.  The number  of 
existing Agreements  is large and  the nature of  these creates distortion  in 
the provision of  transport  services.  The availability of  a Committee  to 
adapt  this proposal  to scientific  and  technological  progress  should  overcome 
the need  for  such derogations. 

Coherence with other  Community  bolicies 

Whilst  reflecting  as far as possible existing  international  legislation on 
the transport  of dangerous goods by  road,  this proposal  has  the additional 
aim of coherence with Community  policies.  In particular,  technical 
requirements  for  vehicles  specially  adapted  and equipped  for  the  transport 
of dangerous goods by  road  have been  framed  against  the background of 
existing Community  legislation  for  vehicles  in Council  Directive 
70/156/EEC(1>, as  last  amended  by Council  Directive  92/53/EEC<2), with 
the aim of ensuring  free movement  of vehicles across Community  territory. 

Pending  the adoption of  this proposal, a new separate Directive  in the 
framework  of Council  Directive  92/53/EEC will  be proposed,  which will  cross-
refer  to this proposal  in  its adopted  form  (the Annexes  to this Directive 
containing  the Annexes  to the ADR where  technical  requirements  for  vehicles 
are covered).  In that  way  specific  supplementary  technical  requirements 
for vehicles transporting  dangerous goods will  become a part  of  Community 
legislation.  All  vehicles specifically  adapted  for  this  type of  transport 
will  anyway  have  to meet  the technical  requirements of  all  the relevant 
separate Directives as prescribed  in Annex  IV of Council  Directive 
70/156/EEC, as  last  amended  by Council  Directive 92/53/EEC. 

In addition, Council  Directives 90/219/EEC<3), 90/220/EEC<4) and 
90/679/EEC(5) on  the contained use and deliberate release of, as well  as 
protection of workers  from, biological  agents and genetically  modified 
organisms, do not  seek  to cover  the conditions under  which  these are 
transported.  Currently  this  is only  covered  in  international  transport 
legislation  and  it  is proposed,  by way of  this proposal,  to require  the 
same safety  provisions  in the national  transport  of  these substances by 
road. 

In terms of safety  of workers  in the transport  of dangerous goods, the 
Council  has already  adopted Directive 89/391/EEC^6^ on measures for 
improvements  in the safety  and  health of workers. Two  further  proposals for 
Directives  have been  submitted  to the Council  for  adoption,  concerning 
minimum  safety  and  health  requirements  for  transport  activities and 
workplaces on means of  transport*7),  and protection of workers  from  risks 
related  to chemical  agents*8^. 

(1)  OJ No L 42, 23.2.70, p.1 
(2)  OJ No L 225,  10.8.92, p.1 
(3)  OJ No L  117, 8.5.90, p.1 
(4)  OJ No L  117, 8.5.90, p.15 
(5)  OJ No L 374, 31.12.90, p.1 
(6)  0J No L  183, 29.6.89, p.1 
(7)  OJ No C 25, 28.1.93, p.17 
(8)  OJ No C  165,  16.6.93, p.4 

- 8 -

\ay  down 

The Council  agreed upon arrangements*1) for  IiberaI izin-j cabotage 
operations for  road  transport  at  its meeting of  19 June  1993 which 
a definitive  system  regulating  the conditions under  which  non-resident 
carriers may operate  national  road  haulage services within  a Member  State 
(cabotage).  Although under  this system  national  rules on  technical 
standards governing  the construction  and equipment  of  road  vehicles 
applicable  in the host Member  State cannot  impose restrictions on  vehicles 
which  comply with Community  or  international  rules concerning  technical 
construction  and equipment  requirements, other, non-technical,  requirements 
can be  imposed.  Moreover,  in such a situation, different  rules would  apply 
to resident  and non-resident  Community  hauliers, which would  lead to 
distortions of competition.  Therefore, the  introduction of uniform  rules 
governing  the transport of dangerous goods by road would  complement  the 
establishment of a final  cabotage  regime, securing  the Council's  legal 
obligation  to  introduce complete  freedom  to provide  transport  services, as 
laid down  in the Treaty. 

The Community  has adopted Council  Regulation  (EEC) 4060/89*2), as amended 
by Council  Regulations  (EEC) 3356/91(3>  and  (EEC) 3912/92*4), on the 
removal  of border  controls  for  international  transport of  dangerous goods in 
accordance with  the ADR Agreement. 
The abolition of existing  infrastructure for checking  vehicles  carrying 
dangerous goods at  internal  frontiers of  the Community  will  require  that 
adequate and common standards of safety  in this transport  are  laid down to 
be complied with  by all  Member  States  in a single market. 

The Council  Directive 67/548/EEC*5) on  the classification, packaging  and 
labelling of dangerous substances  lays down  rules  for  the classification, 
packaging  and  labelling of dangerous substances and preparations which are 
placed on  the market. These  rules differ  from  the rules  for  the 
classification as contained  in Annex  A of  this proposal, which  have been 
decided on  the basis of  the UN system of classification of dangerous goods. 

The Commission,  in accordance with  its undertaking  and  that of Member 
States, under  the  long term goals set under  Agenda  21 - Chapter  19 of  the 
UNCED Conference  in Rio de Janeiro  in June  1992, will  work  actively  within 
the various UN organisations, e.g.  the responsible UN  transport  bodies, to 
harmonize  the two classification systems. 

C. Scope of  the probosal 

It  is not  the  intention of  this proposal  for a Directive,  in harmonising 
existing  requirements  in Member  States  throughout  the Community,  to lower 
the  level  of safety  required  for  the transport of dangerous goods.  Such 
safety  should  be maintained  at as high a  level  as possible and  this is 
achieved  by reflecting amendments adopted  in the regular  updating of  the ADR 
and United Nations Recommendations on  the Transport  of Dangerous Goods which 
aim  to reach  the highest  possible acceptable  levels of  safety.  This 
proposed  Directive  should  be provided with  the opportunity  to take account 
of  these amendments, by way of  the Committee  procedure  provided  for  in 
Articles 8 and 9.  Moreover, as and when  European  standards are developed on 
the technical  aspects of  the transport  of dangerous goods, these new 
standards should be reflected  in revisions  to the proposal, through  the 
Committee procedure  provided  for. 

(1)  Council  Decision of  19 June  1993 
(2)  OJ No  L 390, 30.12.89, p.18 
(3)  OJ No L 318, 20.11.91, p.1 
(4)  OJ No L 395, 31.12.92, p.6 
(5)  OJ No  196, 16.8.1967, p.1 

-  9  -

Furthermore,  given  the  special  nature  of  this  transport,  it  should  be  made 
possible  in  this  proposal  that  Member  States  be  allowed  to  provide  for 
additional  laws which  meet  specific  requirements  in  respect  of  the  transport 
of  dangerous  goods,  for  reasons  other  than  safety  -  e.g.  environment, 
national  security  - while  ensuring  that  the  effects  of  such  an  option  do  not 
run  counter  to  the  objectives  of  the  Treaty,  particularly  with  regard  to  the 
setting  up  of  a  common  area  without  internal  frontiers.  Where  applied,  such 
restrictions  should  be  notified  to  the  Commission. 

In seeking  to  apply  uniform  provisions  throughout  the  Community,  thereby 
eliminating  obstacles  to  the  free  movement  of  goods  between  Member  States 
and  creating  a  single  market  in  the  provision  of  transport  services  with 
regard  to  the  transport  of  dangerous  goods  within  the  Community,  it  is 
considered  that  certain  benefits  would  accrue  from  this  proposal  for 
businesses  involved  in  the  transport  sector,  particularly  transport 
operators. 

This  proposal  does  not  address  the  issue  of  controls,  which  the  Commission 
intends  to  cover  in  a  separate  Community  instrument. 

D.  Contents  of  the  Proposal 

Article  1 determines  the  scope  of  this  proposal.  Excluded  from  scope  are 
postal  consignments  as  well  as  vehicles  used  for  the  transport  of  dangerous 
goods  under  the  control  of  the  armed  forces  of  a Member  State.  An  additional 
paragraph  confirms  that  existing  and  future  Community  legislation  on  worker 
safety,  construction  of  vehicles  and  environmental  protection  shall  be 
respected. 

Article  2  defines  the  main  terms  used  in  the  proposal.  It  is proposed  that 
the  definition  of  dangerous  goods  covered  by  this  proposal  is  that  provided 
for  in  the  Annexes,  originally  taken  from  the  European  Agreement  concerning 
the  International  Carriage  of  Dangerous  Goods  by  Road  (ADR),  as  amended. 
This  definition  of  dangerous  goods  is already  used  in  international 
transport  of  dangerous  goods  by  road  in  Europe  and  in most  Member  States' 
national  law.  In so  far  as  the  ADR  Agreement  is  likely  to  be  amended 
subsequently  to  align  with  the multimodal  United  Nations  Recommendations  on 
the  Transport  of  Dangerous  Goods,  the  Annexes  to  this  proposal  will  likewise 
be  amended  to  reflect  changes  to  these  Recommendations. 

The  definition  of  vehicle  has  been  taken  from  Council  Directive  92/53/EEC 
concerning  vehicle  type  approval,  in order  to  ensure  coherence  between  this 
proposal  and  existing  Community  legislation.  While  the  definition  given 
might  be  slightly  more  restrictive  in scope  than  that  given  in  the  ADR 
Agreement,  it  is considered  to  cover  most  'normal'  transports.  Other  types 
of  vehicle  not  covered  by  the  definition  given  in  this  proposal  may  be 
regulated  by  Member  States  in  their  national  legislation. 

-  10 -

Article  3  regulates  the  conditions  under  which  dangerous  goods  are 
authorised  for  carriage  both  in  packages  and  in  bulk  and  covers  the 
prohibitions  from  transport  for  certain  goods. 

The  purpose  of  Article  4  is  to  allow  Member  States  to  retain  national 
standards  where  these  national  rules  are  compatible  with  the  multimodal 
United  Nations  Recommendations  on  the  Transport  of  Dangerous  Goods,  with 
which  the  ADR  is gradually  being  harmonised,  so  that  this  state  of  events 
will  have  a  temporary  character. 

Articles  5  and  6  provide  for  instances  in existing  national  legislation 
where  rules  on  the  transport  of  dangerous  goods  might  be  more,  or  less, 
stringent  for  certain  goods  and  for  specific  purposes.  Such  instances 
should  be  notified  to  the  Commission. 

Article  5,  paragraph  1 reproduces  the  existing  exemption  under  the  ADR 
Agreement  for  international  transport,  whereby  Member  States  are  free  to 
prohibit  or  regulate  the  transport  of  certain  dangerous  goods  on  their 
territory  for  reasons  other  than  safety.  Justifiable  grounds  for  a  stricter 
regulation  or  prohibition  might  be  environmental  or  reasons  of  national 
security.  Examples  would  be  restrictions  on  dangerous  goods  transport  in 
environmentally  sensitive  areas  or  prohibitions  on  the  transport  of 
explosives  for  reasons  of  national  security. 

Paragraph  2,  linked  to  paragraph  1,  seeks  to  clarify  the  scope  of  the 
existing  provision  in marginal  10  599  of  the  Annexes  to  the  proposal  where 
Member  States  may  impose  the  same  restrictions  currently  applied  in  national 
transport  of  dangerous  goods,  to  vehicles  effecting  an  international  journey 
across  its  territory.  Such  restrictions  should  be  limited  to  aspects  of 
local  traffic  circulation. 

Paragraph  3  provides  for  Member  States  to  impose  more  stringent  measures, 
which  might  already  exist  for  vehicles  registered  on  their  territory, 
provided  that  these  do  not  relate  to  vehicle  construction. 

Article  6,  paragraph  1 has  the  aim  of  facilitating  multimodal  transport  in 
recognising  the  requirements  for  the  safe  transport  of  dangerous  goods  in 
sea  and  air  transport.  These  modal  rules  are  based  more  closely  on  the 
global  multimodal  UN  Recommendations  than  is  the  ADR  at  this  stage  in  its 
harmonisât ion. 

Paragraph  2  permits  a  derogation  from  the  requirement  in  the  Annexes  to  this 
Directive  for  documentation  pertaining  to  a  transport  journey  to  appear  in a 
number  of  languages  where  transport  is confined  to  the  territory  of  a  single 
Member  State. 

s m B i w u M i a L-

-  11 

-

Paragraphs  3 and 4 provide  for an exemption  for an unlimited  period  from the 
provisions  of  this  Directive  for vehicles,  receptacles  and tanks  constructed 
in  accordance  with  national  regulations  in force  at  the date  of  application 
of  this  Directive.  Given  the  investment  in such  equipment,  this  should  be 
allowed  to continue,  provided  that  it remains  safe,  to the end of  its 
economic  life.  Paragraph  4 additionally  allows  Member  States  to continue  to 
construct  and use equipment  which  satisfies  provisions  in national  law until 
harmonised  standards  for such  equipment  are developed  and  incorporated  by 
reference  in the Annexes  to this  proposal  but no  later  than  31  December 
1998.  Any equipment  constructed  after  the date  of  application  of  this 
Directive  but before  31 December  1998 may also  continue  to be used  for an 
indefinite  period  under  the conditions  set out  above.  Work  on  standards  is 
currently  underway  and will  replace  much  of the detailed  provisions  in the 
ADR  within  the coming  years.  Until  then,  Member  States  are provided  with 
the  option  of  constructing  and using  equipment  either  according  to the 
existing  provisions  of the ADR or  according  to national  provisions. 

Paragraph  5 provides  for a similar  exemption  for existing  (long-life) re 
usable  packagings. 

Paragraph  6  allows  for the display,  in national  transport  only,  of  emergency 
action  codes  (such  as the  'Hazchem'  code) on the orange  plate  where  these 
are  prescribed  for vehicles  transporting  dangerous  goods.  This  is as an 
addition,  or  alternative,  to the  'hazard  identification  number'  prescribed 
by  the ADR  in the Annexes  to this  proposal.  Such  codes  provide the 
emergency  services  with  immediate  information  on what  action  to take  in the 
case of an accident  involving  the  load  and are well-established,  as well  as 
highly  valued,  in certain  Member  States.  Adoption  of a  harmonised  emergency 
action  code  is currently  under  discussion  for  incorporation  in the ADR. 

Paragraph  7  provides  for  less  stringent  requirements  which  might, for 
instance,  apply  for consumer  transport  of gas cylinders  for  camping 
equipment,  small  quantities  of explosives  for the construction  industry or 
limited  amounts  of  fuel  carried  in passenger  cars. 

Paragraph  8  covers  the case  of  temporary  derogations  from  the  provisions 
laid  down  in the Annexes  to this  proposal,  to be administered  by the 
Competent  Authority  designated  by the Member  State,  for example  for  newly 
developed  packagings  not yet  incorporated  into  the ADR. 

Paragraph  9  permits  Member  States  to derogate  from  the provisions  of the 
Annexes  to this  Directive  for one-off  transports  required  in a  timescale 
which  would  not allow  sufficient  time  for revision  of  the Annexes. 

-  12  -

Paragraph  10  places  a  2  year  limit  on  existing  bilateral  or  multilateral 
agreements  negociated  under  the  terms  of  ADR  as  from  the  date  of  application 
of  this  proposal.  This  period  allows  sufficient  time  for  existing 
derogations,  deemed  to  be  necessary,  to  be  introduced  and  published  as  new 
provisions  in  the  annexes  to  the  ADR  and  to  be  adopted  by  way  of  Committee 
procedure  provided  for  in Article  8  as  amendments  to  the  Annexes  to  this 
Di rect ive. 

Article  7  states  that  vehicles  registered  in  third  countries  may  perform 
international  transport  of  dangerous  goods  on  the  territory  of  the  Community 
in  so  far  as  they  comply  with  the  provisions  of  the  ADR. 

Articles  8  and  9  establish  the  Committee  procedure  for  further  harmonisation 
of  provisions  governing  the  transport  of  dangerous  goods  by  road.  In 
particular,  this  is  to  align  this  Directive  with  amendments  to  the  ADR,  but 
also  to  harmonise  with  the  UN  Recommendations  on  the  Transport  of  Dangerous 
Goods,  to  incorporate  newly  developed  standards  and  to  allow  for  additional 
measures  which  ensure  a  satisfactory  level  of  safety. 

In  the  case  of  amendments  to  specific  danger  classes  of  the  annexes,  for 
example,  radioactive  material,  the  Committee  provided  for  will  take  into 
account  the  opinion  of  the  experts  on  this  subject. 

Article  11  relates  to  existing  Council  Directive  89/684/EEC,  the  provisions 
of  which  are  now  covered  in  the  annexes  this  proposal.  Existing  provisional 
certificates  issued  by  a  Member  State  under  Article  4,4  of  that  Directive 
will  be  recognised  under  this  proposal  up  to  the  same  terminal  dates. 

-  13 -

Proposal  for a Council  Directive on  the approximation 

of  the  laws of Member  States with regard  to the transport  of  dangerous 

goods by road 

THE COUNCIL OF THE EUROPEAN COMMUNITIES, 

Having  regard  to the Treaty establishing  the European Community, and  in 

particular  Article 75 thereof, 

Having  regard  to the proposal  from  the Commission*1), 

In cooperation with  the opinion of  the European Par I iament*2^, 

Having  regard  to the opinion of  the Economic  and Social  Committee*3), 

Whereas, over  the years, both national  and  international  transport of 

dangerous goods by  road have significantly  increased, adding  to the risk of 

accidents; 

Whereas all Member  States of  the Community, except  Ireland, are contracting 

parties  to the European Agreement  concerning  the  International  Carriage of 

Dangerous Goods by Road  (ADR) - the geographical  scope of which  extends 

beyond  the Community  alone - which  sets down uniform  rules for  the safe 

international  transport  of dangerous goods by road; whereas  it is 

consequently  desirable  that  such  rules should be extended  in scope to 

national  traffic  in order  to harmonise across  the Community  conditions under 

which dangerous goods are carried by road; 

Whereas there  is no Community  legislation embracing  the full  range of 

measures  required  to be met  to ensure  the safe  transport  of dangerous goods 

and  the relevant  national  measures vary  from one Member  State  to another; 

whereas these divergences create an obstacle  to the free provision of 

transport  services and, moreover, to the free movement  of  vehicles and 

transport  equipments; whereas  in order  to overcome  this obstacle, uniform 

conditions applicable for all  intra-Community  transport  need  to be put  in 

place; 

(1)  OJ No C 
(2)  OJ No C 
(3)  OJ No C 

-  14 -

Whereas application of  the principle of  subsidiarity  leads to the conclusion 

that an action of  this nature  is most  appropriate  at Community  level  in 

order  to ensure coherence with other  Community  legislation, to ensure a 

sufficient  degree of harmonisation  to facilitate the  free movement  of goods 

and services and  to ensure a high  level  of  safety  for national  and 

international  transport operations; 

Whereas no Community  legislation  is yet  in place  to cover  the 

classification, packaging  and  labelling of dangerous substances for 

transport;  whereas  the Community  has adopted Council  Directive 

67/548/EEC*1) on  the approximation of  laws, regulations and administrative 

provisions  relating  to the classification, packaging  and  labelling of 

dangerous substances  for placing on  the market  which  does not  contain 

specific  provisions concerning  transport; whereas  the provisions of  this 

Directive are without  prejudice  to the engagement  of  the Community  to 

strive  for  a future  harmonisation of classification systems  for  dangerous 

substances, which was undertaken  by  the Community  and  its Member  States  in 

accordance with  the goals set under  Agenda  21 Chapter  19 at  the UNCED 

conference of  June  1992  in Rio de Janeiro-, 

Whereas no specific Community  legislation  is yet  in place  to govern  the 

conditions of safety under  which  biological  agents and genetically  modified 

organisms, regulated under  Council  Directives  90/219/EEC*2), 

90/220/EEC(3) and 90/679/EEC*4>  should  be  transported; 

Whereas measures  for  the safety  and health of workers at work  have been set 

down  in Council  Directive 89/391/EEC*5);  whereas  further  Community 

measures are being developed  on the minimum  safety  and  health  requirements 

for  transport  activities and workplaces on means of  transport; 

Whereas  the provisions of  this Directive are without  prejudice  to the 

application of other  existing or  future Community  provisions  in the field 

of worker  safety, vehicle construction  and environmental  protection; 

(1)  OJ No L  196, 16.8.67, p.1 
(2)  OJ No L  117, 8.5.90, p. 1 
(3)  OJ No L  117, 8.5.90, p.15 
(4)  OJ No L 374, 31.12.90, p.1 
(5)  OJ No L  183, 29.6.89, p.1 

••1mnÊÊÊÊiÊaimemKtmimmm 

-  15 -

Whereas  the provisions of  the ADR Agreement  authorise  the conclusion of 

agreements derogating  from  the ADR  and  that  the  large number  of  these 

agreements negociated  on a bilateral  basis between Member  States creates 

distortion  in the  free provision of  transport  services  for  dangerous goods; 

whereas  the  inclusion of necessary  provisions  in the Annexes  to this 

Directive  should overcome  the need  for such  derogations; whereas  it is 

necessary  to provide  for  a transitional  period  during which existing 

agreements may  still  be applied  by Member  States; 

Whereas  it  is necessary  to transpose  into Community  law  internationally 

accepted  ADR  provisions,  including  construction  requirements  for  vehicles 

transporting  dangerous goods, since Council  Directive  70/156/EEC*1), as 

last  amended  by Council  Directive 92/53/EEC*2^, does not  currently  cover 

specific  requirements  for  type approval  of  vehicles used  for  the  transport 

of dangerous goods; 

Whereas  requirements  for  type approval  purposes will  be harmonized  in the 

context  of Council  Directive 70/156/EEC,  referring  to the requirements of 

this Directive, as appropriate; 

Whereas existing  information  procedures  in the field of  related  national 

legislative proposals shall  be used  in order  to  increase  the  transparency 

for all  economical  operators; 

Whereas Member  States should  retain  the right  to  implement  rules  reflecting 

the multimodal  United Nations Recommendations on  the Transport  of  Dangerous 

Goods  in national  transport  in so far as the ADR  is not  yet  harmonised  with 

these  rules which would  facilitate  the  inter-modal  transport  of  dangerous 

goods ; 

Whereas Member  States should  have  the right  to regulate or  prohibit  the 

transport  of certain dangerous goods on  their  territory,  but only  for 

reasons other  than  transport  safety; 

(1)  OJ No L 42, 23.2.70, p.1 
(2)  OJ No L 225,  10.8.92, p.1 

-  16  -

Whereas  for  the  purposes  of  this  Directive  Member  States  should  be  allowed 

to  apply  more  stringent,  or  more  lenient  requirements  on  certain  transport 

operations  performed  on  their  territory  in  vehicles  registered  on  that 

territory;  whereas  in  this  context  Member  States  may  retain  the  right  to 

impose  for  certain  transports  the  use  of  other  modes; 

Whereas,  in  particular,  this  harmonisation  of  conditions  should  take  into 

account  specific  national  circumstances  and  therefore  this  Directive  should 

allow  sufficient  flexibility  in  providing  Member  States  with  the  possibility 

of  certain  derogations-,  whereas  the  application  of  new  developments  in 

technology  and  industry  should  not  be  hindered  and  that  temporary 

derogations  should  be  provided  for  this  purpose; 

Whereas  vehicles  registered  in  third  countries  should  be  allowed  to  perform 

international  transport  on  the  territory  of  a Member  State  if  they  comply 

with  the  provisions  of  the  ADR; 

Whereas  it  must  be  possible  to  adapt  this  Directive  rapidly  to  technical 

progress,  namely  by  adoption  of  new  provisions  laid  down  in  the  ADR,  by 

incorporation  of  a  reference  to  harmonised  standards  and  by  inclusion  of 

other  measures  considered  to  enhance  safety  and,  in order  to  facilitate 

implementation  of  the  measures  required  for  this  purpose,  to  create  a 

Committee  and  to  establish  a  procedure  for  close  cooperation  between  the 

Member  States  and  the  Commission  within  this  Committee; 

Whereas  the  Annexes  to  this  Directive  contain  provisions  covering  the 

vocational  training  of  certain  drivers  of  vehicles  carrying  dangerous  goods 

by  road  and  that  therefore  Council  Directive  89/684/EEC*1)  should  be 

repealed; 

HAS  ADOPTED  THIS  DIRECTIVE: 

(1) 

OJ  No  L  398,  30.12.89,  p.33 

-  17 -

CHAPTER I 

Scope, definitions and general  provisions 

Article 1 

1. 

This Directive shall  apply  to the transport of dangerous goods by road 

effected  in the Community.  It shall  not apply  to the transport of 

dangerous goods effected  by vehicles belonging  to or under  the control 

of  the armed  forces of a Member  State nor  to postal  consignments. 

2. 

However, the provisions of  this Directive shall  not  affect  the right 

of Member  States, with due regard  to Community  law, to  lay down 

requirements  for  transport  of dangerous goods effected  by  vehicles 

falling outside  the scope of  this Directive. 

3. 

The provisions contained  in this Directive  shall  apply  without 

prejudice  to other  Community  legislation on worker  safety, vehicle 

construction  and environmental  protection. 

Article 2 

For  the purpose of  this Directive: 

'ADR' shall  mean  the European Agreement  concerning  the  International 

Carriage of Dangerous Goods by Road, concluded  in Geneva on 

30 September  1957, as amended; 

'vehicle' shall  mean any motor  vehicle  intended  for use on  the road, 

being complete or  incomplete, having at  least  four wheels and a 

maximum design speed exceeding  25 km/h, and  its trailers - with  the 

exception of  vehicles which  run on rails and of agricultural  and 

forestry  tractors and all mobile machinery; 

'dangerous goods' shall mean  those substances and articles the 

transport  by  road of which  is prohibited  by, or authorized only on 

certain conditions by Annexes A & B to this Directive; 

-  18 -

'transport' shall  mean any  road  transport  operation  performed  wholly 

or partly on public  roads on  the territory  of a Member  State by 

vehicles defined  above.  It shall  not mean  transport  wholly  performed 

within undertakings. 

Article 3 

1. 

Dangerous goods prohibited  from  transport  by Annexes A & B to this 

Directive, without  prejudice  to the provisions of Article 6, shall  not 

be accepted  for  transport  by road. 

2. 

Transport of other  dangerous goods  listed  in Annexes A & B shall  be 

authorised  subject  to compliance with  the conditions  laid down  in 

Annexes A & B  , in particular  as regards: 

(a) 

(b) 

the packaging  and  labelling of  the goods  in question, and 

the construction, equipment  and operation of  the vehicle 

carrying  the goods  in question, subject  to the provisions of 

Art icles 4, 5 & 6. 

3. 

Any  references  in Annexes A & B to this Directive  to a  "contracting 

party" shall, for  the purposes of  this Directive, mean a Member  State. 

CHAPTER  I I 

Derogations, restrictions and exemptions 

Article 4 

Each Member  State may, for  the purposes of national  transport  operations 

performed  by vehicles registered on  its territory  only, retain  provisions 

existing  in national  law on  the transport  of dangerous goods by  road which 

are consistent  with  the UN Recommendations on  the Transport  of  Dangerous 

Goods until  such  time as Annexes A & B to this Directive  are  revised  to 

reflect  those  recommendations.  In such a case each Member  State shall 

inform  the Commission  thereof. 

-  19 -

Article 5 

1. 

Without  prejudice  to other  Community  legislation, each Member  State 

may  retain  the right  to regulate or prohibit, strictly  for  reasons 

other  than safety  during  transport, the transport of certain  dangerous 

goods on  its territory. 

2. 

Any provisions  imposed by a Member  State concerning  the operation of 

vehicles  in  international  transport  on  its territory  and authorised by 

marginal  10 599 of Annex  B to this Directive  shall  be  limited  in scope 

to aspects of  local  traffic circulation, shall  apply  both  to national 

and  international  transport  and shall  not entail  any discrimination. 

3. 

Each Member  State may continue to apply more stringent  provisions 

concerning  transport  carried out  by vehicles registered or  brought 

into service on  its territory, excluding  construction  requirements. 

Article 6 

1. 

Each Member  State may  accept  for  transport  by  road on  its territory 

dangerous goods classified, packed  and  labelled  in accordance with  the 

international  requirements  for maritime or air  transport  whenever  the 

transport  operation  involves a sea or  air voyage. 

2. 

Any provisions given  in the Annexes  to this Directive  concerning  the 

use of  languages  in relevant  marking or  documentation shall  not  apply 

to transport operations confined  to the territory  of  a single Member 

State. Member  States may  authorise  the use of  languages other  than 

those provided  for  in the Annexes  for  transport  operations  performed 

on  their  territories. 

3. 

Each Member  State may allow on  its territory  the use of  vehicles 

constructed  before  the date of application of  this Directive which do 

not  conform  to the provisions herein but were constructed  according  to 

the requirements  in national  legislation  in force up  to the date of 

application of  this Directive, provided  that  these vehicles are 

satisfactorily maintained  to the relevant  safety  levels. 

4. 

Each  Member  State  may  retain  provisions  existing  in  national 

-  20  -

legislation  before  the  date  of  application  of  this  Directive  relating 

to  the  construction,  use  and  conditions  of  carriage  of  new  tanks  and 

receptacles,  which  differ  from  the  provisions  laid  down  in Annexes  A  & 

B  to  this  Directive,  until  such  time  as  references  to  standards  for 

the  construction  and  use  of  tanks  and  receptacles  are  provided  in 

Annexes  A  &  B  to  this  Directive  as  satisfying  the  provisions  therein 

and  no  later  than  31  December  1998.  Receptacles  and  tanks  constructed 

before  1 January  1999  and  satisfactorily  maintained  to  the  relevant 

safety  levels  may  continue  to  be  used  under  the  original  conditions. 

5. 

Each  Member  State  may  allow  the  use  of  packagings  constructed  and  not 

certified  in  accordance  with  the  provisions  of  the  ADR  before  the  date 

of  application  of  this  Directive,  provided  that  the  packaging  shows 

the  date  of  manufacture  and  that  it  would  be  capable  of  passing  the 

appropriate  tests  according  to  the  requirements  in  national 

legislation  in  force  up  to  the  date  of  application  of  this  Directive 

and  provided  that  all  such  packagings  are  maintained  to  the  relevant 

safety  levels  (including  testing  and  inspection  where  required), 

according  to  the  following  scheme  : metal  intermediate  bulk  containers 

and  stainless  steel  and  aluminium  drums  for  a maximum  period  of  15 

years  from  their  date  of  manufacture;  other  metal  and  plastics 

packagings  for  a maximum  period  of  5  years  from  their  date  of 

manufacture  but  not  after  31  December  1998. 

6. 

Each  Member  State  may  retain  its  provisions  requiring  only  the  display 

in  the  same  manner  of  an  emergency  action  code  on  tanks  carried  by 

vehicles  registered  on  its  territory,  until  such  time  as  an 

internationally  agreed  emergency  action  code  is  developed. 

7. 

Each  Member  State  may  retain  less  stringent  provisions  than  those  set 

out  in Annexes  A  &  B  to  this  Directive  for  national  transport  of  small 

quantities  of  certain  dangerous  goods.  It  shall  inform  the  Commission 

of  the  legal  provisions  concerned. 

- 21 -

8. 

Each Member  State may grant  approval  for  temporary  derogations  from 

Annexes A & B  to this Directive  for  the purpose of carrying out  the 

trials necessary  with a view  to amending Annexes A & B to this 

Directive  in order  to adapt  them  to technological  and  industrial 

developments, without  discrimination on  the grounds of nationality or 

place of establishment of  the haulier, for a maximum  period of 4 

years, provided  that no  loss of safety  arises.  Such  approvals shall 

be non-renewable.  The Commission  shall  be  informed  thereof. 

9. 

Each Member  State may authorise one-off  transports of dangerous goods 

which are either  prohibited  by Annexes A & B or effected under 

different  conditions  than those  in Annexes A and B to this Directive. 

10. 

Without  prejudice  to the provisions of paragraph  2 above, each Member 

State may, until  31 December  1996, apply existing bilateral  or 

multilateral  agreements with other Member  States as permitted  by the 

ADR  without  discrimination on  the grounds of nationality or place of 

establishment of  the haulier. Any  further  derogations as authorised by 

marginals 2010 and  10 602 of Annexes A & B shall  only  be permitted on 

a unilateral  basis under  paragraph 8. 

Article  7 

Vehicles registered or put  into service  in third countries shall  be admitted 

to perform  international  transport  within  the Community  if they comply with 

the provisions of  the ADR. 

- 22 -

CHAPTER  III 

Final  provisions 

Article 8 

Any amendments necessary  to adapt  the Annexes to scientific and  technical 

progress  in the fields covered  by  this Directive, notably  to take account of 

future amendments  to the annexes of  the ADR, to  incorporate  a reference  to 

standards and  to ensure  that acceptable  levels of safety  are assured  shall 

be adopted  in accordance with  the procedure  laid down  in Article 9. 

Article 9 

1. 

The Commission  shall  be assisted  by a Committee on  the adaptation to 

technical  progress of  the Directive on  the approximation of  the  laws 

of Member  States with  regard  to the transport  of dangerous goods, 

hereinafter  referred  to as  'Committee', which  shall  be composed of 

representatives of  the Member  States and chaired  by a representative 

of  the Commission. 

2. 

The representative of  the Commission  shall  submit  to the Committee a 

draft of  the measures  to be taken.  The Committee  shall  deliver  its 

opinion on  the draft within a time  limit which  the chairman may  lay 

down according  to the urgency of  the matter.  The opinion shall  be 

delivered  by  the majority  laid down  in Article  148(2) of  the Treaty  in 

the case of decisions which  the Council  is required  to adopt on a 

proposal  from  the Commission.  The votes of  the representatives of  the 

Member  States within  the Committee shall  be weighted  in the manner  set 

out  in that Article. The chairman shall  not vote. 

3. 

The Commission  shall  adopt measures which shall  apply  immediately. 

However,  if these measures are not  in accordance with  the opinion of 

the Committee, they shall  be communicated  by  the Commission  to the 

CounciI  forthwi th. 

- 23 -

In that event, the Commission  shall  defer  application of  the measures 

which  it has decided  for a period  to be  laid down  in each  act  adopted 

by  the Council, but which may  in no case exceed  three months from the 

date of Communication. 

The Council, acting by a qualified majority, may  take a different 

decisions within  the time  limit  referred  to  in the previous paragraph 

Article  10 

1. 

The Member  States shall  implement  the  laws, regulations and 

administrative measures necessary  to comply  with  this Directive  before 

1 January  1995.  They  shall  immediately  inform  the Commission  thereof. 

When  these measures are adopted  by Member  States, they  shall  contain a 

reference  to this Directive or  shall  be accompanied  by such a 

reference at  the time of  their official  publication.  The procedure of 

making such a reference shall  be  laid down by  the Member States. 

2. 

The Member  States shall  communicate  to the Commission  the texts of the 

provisions of  national  law which  they  adopt  in the field governed by 

this Di rect ive. 

Article 11 

Council  Directive 89/684/EEC on vocational  training  for certain drivers of 

vehicles carrying  dangerous goods by  road  is hereby  repealed  as from  the 

date of application  of  this Council  Directive.  Provisional  certificates 

issued by Member  States  in accordance with Article 4, 2 of  that  Directive 

for national  transport  only  shall  remain  valid until  31 December  1996. 

Certificates  issued  in accordance with Article 4, 4 of  that Directive may 

continue  to be used until  the end of  their  period of  validity, but  not  later 

than  1 July  1997 for dangerous goods transported  in tanks as well  as for 

explosives and not  later  than  1 January  2000 for other  dangerous goods. 

- 24 -

Article  12 

This Directive  is addressed  to the Member  States 

Done at Brussels, 

-  25 

ANNEX  A 

Marginals  2  000  -  3  999  of  Annex  A  of  the  European  Agreement  on  the 

International  Carriage  of  Dangerous  Goods  by  Road  (ADR),  as  effective  at 

1  January  1995. 

N.B.  A  translation  in all  Community  languages  will  be  made  available  as 

soon  as  a  consolidated  text  is prepared  and  translations  are  ready 

- 26 

ANNEX B 

Marginals  10 000 - 260 000 of Annex  B of  the European Agreement  on the 

International  Carriage of Dangerous Goods by Road  (ADR),  as effective at 

1 January  1995. 

N.B.  A translation  in all  Community  languages will  be made available as 

soon as a consolidated  text  is prepared  and  translations are ready 

ISSN 0254-1475 

COM (93) 548 final 

DOCUMENTS 

EN 

14  07  06 

Catalogue number : CB-CO-93-585-EN-C 

ISBN 92-77-60710-6 

Office for Official Publications of the European Communities 
L-2985 Luxembourg