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 road
Date: 1994-06-02
Institutions: European Commission
Subjects: approximation of laws, freedom to provide services, intra-EU transport, road transport, transport of dangerous goods, transport safety

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0M(94) 238 final  - SYN 477 
BrusseIs, 02.06.1994 

là© f# ittii 

Amended  proposal  for a 

COUNCIL  DIRECTIVE 

on the approximation of the laws of the 
M e m b er States with regard to the transport 
of dangerous goods by road 

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(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 road. 

Background 

In line with measures announced in the Communication from the Commission  to the Council 
for  an  action  programme  on  Road  Safety  in  19931,  the  Commission  has  drawn  up  this 
Directive  to  ensure  a  uniform  provision  throughout  the  Community  for  the  transport  of 
dangerous  goods at national and international  level. 

Both the European  Parliament's2 and the Economic and Social  Committee's3 reports  on the 
proposal  are generally  supportive of the initiative. The following  amendments to its original 
proposal  can be accepted by the Commission. 

Amendment  1 limits  the derogation  covering  non-certified  packagings  to national territory. 

Amendment  2  excludes  from  the  derogation  for  small  quantities  of  medium  or  highly 
radioactive  material. 

COM  (93)246  of 9 June  1993 

2  O J. 

O.J. 

^U 

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 road 

The  proposal  from  the  Commission  forming  the  subject  of  document  COM(93)548  final4  is 
hereby  amended  as  follows  : 

Initial  text  proposed  by 
the  Commission 

Amended  text 

Amendment  n°  1 
Article  6(5) 

5.  liaeh  Member  State  may  allow  the use of 

5.  Each  Member  State  may  allow  the  use, on 

packagings  constructed  and  not  certified  in 

its territory,  of  packagings  constructed  and 

accordance  with  the provisions  of  the ADR 

not  certified  in  accordance  with  the 

before  the date of  application  of  this 

provisions  of  the  ADR  before  the date of 

Directive,  provided  that  the  packaging  shows 

application  of  this  Directive,  provided  that 

the date of  manufacture  and  that  it would  be 

the packaging  shows  the dale  of  manufacture 

capable of  passing  the appropriate  tests 

and  that  it  would  be capable  of  passing  the 

according  to the requirements  in  national 

appropriate  tests  according  to the 

legislation  in force  up to  the date of 

requirements  in national  legislation  in  force 

application  of  this  Directive  and  provided  that 

up to the date of  application  of  this  Directive 

all  such  packagings  are  maintained  to the 

and  provided  that  all  such  packagings  are 

relevant  safety  levels  (including  testing  and 

maintained  to  the  relevant  safety  levels 

inspection  where  required),  according  to the 

(including  testing  and  inspection  where 

following  scheme  : metal  intermediate  bulk 

required),  according  to the  following  scheme 

containers  and  stainless  steel  and  aluminium 

:  metal  intermediate  bulk  containers  and 

drums  for  a maximum  period  of  15 years 

stainless  steel  and  aluminium  drums  for a 

from  their  date of  manufacture;  other  metal 

maximum  period  of  15 years  from  their  date 

and  plastics  packagings  for  a maximum 

of  manufacture;  other  metal  and  plastics 

period  of  5 years  from  their  date of 

packagings  for  a maximum  period  of  5 years 

manufacture  but  not  after  31  December  1998. 

from  their  date of  manufacture  but  not  after 

31 December  1998. 

O.J.  C  17/6  -20.1.1994 

£ 

Initial  text  proposed  by 
the  Commission 

Amended  text 

Amendment  n°2 
Article  6(7) 

7.  Each  Member  State may retain less 

7.  Each  Member  State may  retain less 

stringent provisions  than those set out in 

stringent provisions  than those set out in 

Annexes  A & B to this Directive for national 

Annexes  A & B to this  Directive  for national 

transport of small  quantities of certain 

transport of small  quantities of certain 

dangerous goods.  It shall  inform the 

dangerous  goods,  with the exception of 

Commission  of the legal  provisions 

medium  and highly  radio-active substances or 

concerned. 

goods.  It shall  inform  the Commission  of the 

legal  provisions  concerned. 

3> 

BSN 0254-1475 

COM(94) 238 final 

DOCUMENTS 

EN 

06 07 

Catalogue number : CB-CO-94-250-EN-C 

ISBN 92-77-69639-7 

Office for Officiai Publications of the European Communities 

L-2985 Luxembourg 

k