Proposal for a COUNCIL DIRECTIVE on the approximation of the laws of Member States with regard to the transport of dangerous goods by rail
Date: 1994-12-09
Institutions: European Commission
Subjects: approximation of laws, derogation from EU law, rail transport, transport of dangerous goods, transport safety

COMMISSION OF THE EUROPEAN  COMMUNITIES 

COM(94) 573 final 
Brussels, 09.12.1994 

94/0284  (SYN) 

Proposal for a 

COUNCIL DIRECTIVE 

on the  approximation 

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

dangerous  goods by rail 

(presented by the Commission) 

2 -

EXPLANATORY  MEMORANDUM 

A.  FOREWORD 

This proposal  is the culmination of wide-ranging consultation with Member  States, industry 
and  the social partners.  Indeed,  as early  as  1992, the Member  States expressed  a desire to 
see the international  rules for  the transport of dangerous goods by road and rail forming  the 
basis of both national and international legislation  in this field.  The Commission  has already 
acted  upon  this  in  adopting  its  proposal  for  a  framework  Directive  to  transpose  the 
provisions  of the European  Agreement concerning  the International  Carriage of Dangerous 
Goods  by  Road  to  cover  all  intra-Community  road  transport  and  follows  with  a parallel 
measure  for  rail  transport. 

It is not difficult  to see the reasons  for  such  interest  in the transport  of dangerous goods by 
rail.  The transport  of dangerous goods generally,  by all modes,  has greatly  increased  over 
recent  years,  following  trends  in economic  development. 

In  view  of  this  increase,  and  particularly  because  of  a  number  of  accidents  involving 
dangerous  goods  which  occurred  especially  during  the  1980s,  the Community  has already 
taken certain  measures  to improve the safety  conditions for such transport.  These measures 
supplemented  similar  work  undertaken  by  a  number  of  international  bodies,  outside  the 
Community  framework. 

However,  measures  were  until  now aimed  at the transport  of  such  goods by road  and  sea, 
in  the  light  of  the  number  of accidents  which  have occurred  in  these  two sectors. 

Nevertheless,  the  potential  risks  associated  with  the  transport  of  such  goods  by  rail  is 
equally  important,  particularly  given  the  fact  that  these  goods  are  often  transported  in 
quantity  through  urban  areas. 

It is also  to be noted  that  the railways  in general  are  undergoing  change and  restructuring. 
Already,  the adoption of Directive 91/440/EEC'  has for  the first  time provided  for a certain 
separation  of  infrastructure  management  and  transport  operation  in  the  rail  sector  and  has 
created  certain  rights of access to railway  infrastructure.  This creates  the possibility  of new 
railway  undertakings entering the sector,  offering  services  which could include the transport 
of  dangerous  goods.  Therefore,  because  of  this  gradual  opening  up  of  the  rail  transport 
market,  it is vital that a framework  of safety  legislation  is in place to cover  the transport of 
dangerous  goods  by  rail  in  this  new  environment. 

1  O.J.  L  237,  24.8.1991,  p.  25 

-3  -

B.  OBJECTIVES  OF THE  DIRECTIVE 

The  international  transport  of  dangerous  goods  by  rail  is  currently  governed  by  the 
Regulations  concerning  the  International  Carriage  of  Dangerous  Goods  by  Rail  (RID), 
appearing  as Annex  1 to Appendix  B of  the Convention  concerning  International  Carriage 
by Rail  (COTIF).  All Member  States of the European  Community  are Contracting  Parties 
to this  Convention.  The  Community,  itself,  is  not. 

However,  these  Regulations  only  cover  the  transport  of  dangerous  goods  by  rail  between 
Contracting  States.  Consequently,  the transport  of such  goods by rail at national level  falls 
outside  its  scope. 

At national  level  rules  have developed  in a diverse  manner.  In the absence of  Community 
legislation  concerning  the transport  of dangerous goods by rail,  the safety  level  required by 
the  various  Member  States  for  the  transport  of  such  goods  in  national  transport  varies 
considerably  from  one  Member  State  to  another. 
In  effect,  these  disparities  mean  that 
throughout  the Community  the same sufficiently  high level of protection  and  safety  cannot 
be guaranteed.  This  means,  for  instance,  that additional equipment  or procedures  required 
for  a  transport  operation  in  one  Member  State,  which  have  proved  their  added  safety 
benefit,  might  not  be  mandatory  in other  Member  States. 

Moreover,  quite  apart  from  the strictly  safety  aspect,  the  multiplicity  and  diversity  of  the 
various  national  laws  applicable  to  the  transport  of  dangerous  goods  at  national  level 
constitutes  a  serious  obstacle  to  the  free  circulation  of  such  goods  throughout  the 
Community,  and  is consequently  incompatible with  the requirements  of  the Single Market. 
Thus,  rail  wagons  constructed  for  use  in  one  Member  State  may  be  refused  entry  in  the 
market  of  another  Member  State which  has  supplementary  national  requirements. 

The possibility  of  serious  distortions  of competition  is further  aggravated  by  the existence 
of agreements  made on a bilateral  or multilateral  basis between  Member  States or with third 
countries.  These agreements, which include provisions derogating from  the safety rules laid 
down  by the  RID,  mean  that  two Member  States of the Community  could  agree bilaterally 
to allow certain  dangerous goods to be transported  between their two territories,  while those 
same goods could  not be transported  in the rest of the Community.  Such a situation  clearly 
leads to market  fragmentation  which is equally incompatible with the Single Market.  Thus, 
it  is  important  to  eliminate  these  agreements,  or  at  least  make  them  compatible  with  the 
principle  of  non-discrimination  on  the  grounds  of  nationality  of  the  Member  States 
concerned. 

In  order  to  provide  a  solution  to  the  problems  referred  to  above,  uniform  safety  rules 
applicable  throughout  the Community  should  be established  for  the  transport  of dangerous 
goods  by  rail. 

-  4 

The  most  appropriate  means  to achieve  this  is  to  make the contents  of  the RID  applicable 
not  only  for  transport  of  dangerous  goods  by  rail  between  Member  States,  but  also  for 
transport  of  such  goods  within  those Member  States.  One obvious  advantage of using  the 
RID as the basis  of harmonisation  is that no new rules or  standards  will  need to be created 
at  Community  level.  In practice,  what  is intended  is a  simple  extension  of  the RID  rules 
to  national  transport. 
It  is,  in  fact,  a  simplification  exercise  which  will  require  little 
additional  legislation  or administrative  burden  on the Member  States.  The aim is  therefore 
to  create  a  set  of  harmonised  rules  applicable  in  a  uniform  manner  throughout  the 
Community  area,  in  accordance  with  the requirements  of  the  Single  Market.  This  is one 
element  which  makes  the  Commission's  proposal  particularly  attractive  to  the  Member 
States. 

It  should  be  noted,  moreover,  that  a parallel  measure  with  support  from  Member  States, 
industry  and  the social  partners  has already  been taken  in respect  of transport  of dangerous 
goods  by  road2  and  that  this  will  shortly  be adopted  by  the  Council.  The  necessity  for  a 
parallel  measure  in  the  rail  sector  has  been  strongly  advocated  by  Member  States, 
particularly  in view of the risk of distortions  in inter-modal  competition  if such action were 
not  taken.  Moreover,  at international  level  the RID and  ADR  are  handled  in  parallel. 

C.  JUSTIFICATION  WITH  REGARD  TO THE  PRINCIPLE  OF  SUBSIDIARITY 

a)  What  are  the objectives  of  this  Directive  in  relation  to the  Community's  obligations? 

It is to be noted that the Treaty  on European  Union now mentions the specific  responsibility 
of  the  Community  with  regard  to  transport  safety.  This  was  a  recognition  that  increased 
liberalisation  of the transport  sector  must entail a parallel  and  increased  guarantee of  safety 
standard.  The  Community  has  already  acted  in  adopting  legislation  to  ensure  sufficiently 
high  levels  of  safety  for  other  modes  than  rail.  These  efforts  have aimed  at dealing  with 
lack  of  transparency,  inadequacy  of  certain  provisions  in  the  Community  context  and 
frequent  recourse  to divergent  national  safety  standards. 

In  the  rail  sector  there  are  no  Community  rules  governing  the  national  transport  of 
dangerous  goods  and  national  rules  are  varied  and  disparate. 

This  Directive  is  intended  to  harmonize  those  national  laws  as  regards  safety  levels 
associated  with  the  transport  of  dangerous  goods  by  rail  to  ensure  the  same  safety  level, 
both  for  international  transport  and  for  transport  conducted  within  each  Member  State. In 
addition,  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 

Proposal  tor  a  Council  Directive  on  the  approximation  of  the  laws  of  the  Member  States  with  regard  to 
the  transport  of  dangerous  goods  by  road  -  OJ  No  C  17,  20.1.1994,  p.6 

5  -

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 (wagons, cylinders, tanks, packagings, safety devices) are concerned, particularly 
by  eliminating  distortions  to competition. 

b)  Does competence  in this area lie solely with the Community or is it shared  with the Member 

States? 

Shared  competence  - Article  75, paragraph  1 (c) of  the Treaty. 

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? 

The Community  is not a Contracting  Party  to COTIF,  Annex  1  of Appendix  B constituting 
the  RID,  for  the  purposes  of  international  transport  of  dangerous  goods  by  rail.  But  all 
Member  States  are  Contracting  Parties.  Nevertheless,  conditions  under  which  dangerous 
goods  are  transported  at  national  level  vary  from  one  Member  State  to another.  As was 
indicated  in  the  examples  given  above,  such  divergences  constitute  an  obstacle  to the  free 
movement  of  dangerous  goods  by  rail  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 ? 

The problems are three-fold.  All Member States are already  Contracting  Parties to COTIF 
and  apply  the  RID  for  the purposes  of  international  transport. 

However,  a large number of bilateral  and  multilateral agreements and tariff  clauses provide 
for  derogations  to RID  rules  which  impair  the uniform  character  of  these rules. 

Furthermore,  at  national  level  rules  on  the transport  of  dangerous  goods  by  rail  exist  and 
are,  to a greater  or  lesser  extent,  based  on international  rules.  Nevertheless,  thesenational 
rules  remain  different 
in  each  Member  State,  although  gradual  alignment  with  the 
international  rules  is emerging. 

Transposing  the  RID  additionally  to  national  transport  within  the  Member  States  would 
therefore  appear  to  be  the  least  cumbersome  means  of  Community  action  in  this  domaine 
and  one  which  requires  the  least  action  on  the  part  of  the  Member  States  and  the 
Community.  It  should  be  considered  as  a  simplification  exercise,  using  existing  widely-
recognised  rules  rather  than  introducing  new ones. 

As  was  stated  earlier,  the  Commission  is  best  placed  to  coordinate  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. 
A  comparable  measure  has  already  been  taken  to  cover  the  safe  transport  of  dangerous 
goods  by  road  within  the  Community. 

e)  What real  added  value will action at Community  level provide and  what would  be the cost 

of  inaction  ? 

As stated  in  the  response  to question  (a),  this  Directive  is  intended  to  harmonize  national 
laws  as  regards  safety  rules  associated  with  the  transport  of  dangerous  goods  by  rail, 
ensuring  the  same  safety  level  both  for  transport  conducted  at  international  level  and that 
carried  out  within  each  Member  State,  thereby  permitting  the creation  of  a Single Market 
for  the  services  of  transport  of  dangerous  goods  which  is  valid  for  the  Community  as a 
whole. 

In the case of inaction, the obstacles to the free provision  of transport  services in this field, 
created by the deviations between national laws relating to the transport of dangerous goods 
by  rail  at  national  level  and  rules  applicable  to  the  same  transport  at  international  level, 
would  persist. 

Moreover,  the existence  and  proliferation  of bilateral  or  multilateral  agreements  between 
Member  States would  lead to the continued  existence of an element of discrimination  with 
regard  to  the  remaining  Member  States,  which  is  unacceptable  in  a European  context. 

Finally,  the risk of inter-modal  distortion  should not be ignored.  The RID and ADR rules 
are  developed  in  parallel  at  international  level.  Given  that  the  Commission  has  already 
adopted  a  proposal  for  an  ADR  'framework'  Directive  which  has  reached  Common 
Position  in  the  Council,  the  rail  sector  has  up  to  now  been  left  behind,  remaining  un-
communitarized.  This  proposal  aims  to remedy  that  situation. 

f)g)  -  What  forms  of  action  are available  to the  Community? 

- 

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

The adoption  of common  rules,  using a legal  instrument,  is essential,  bearing  in mind the 
specific  nature  of the transport  operations  concerned.  On a general  level,  the transport  of 
goods  takes  place  at  national  level,  between  Member  States  and  with  third  countries. 

Observance  of  very  strict  safety  rules  in  the  transport  of  dangerous  goods  should  meet 
criteria  which  are  as  identical  as possible  for  all  Member  States,  for  fear  of  constituting 
a danger  to human  life,  property  and  the environment,  as well as a serious  obstacle to the 
free  circulation  of  such  goods  and  of  the  rail  wagons  concerned,  throughout  the 
Community. 

7  -

At a procedural  level,  the Commission  does not intend  to complicate  the task of Member 
States in this harmonization  process.  Resorting  to a "Directive"  is a valid  response  to the 
aim  being  pursued,  since  the  measure  is  restricted  to  amending  existing  national  laws, 
whereas  a  "Regulation"  would  require  that  they  be  abandoned.  A  "Recommendation" 
would  clearly  be  inadequate,  bearing  in  mind  the  special  nature  of  the  subject  and  the 
technical  nature  of  the provisions  concerned. 

D.  COHERENCE  WITH  OTHER  COMMUNITY  POLICIES  OR  ACTIONS 

As  stated  earlier,  this  Directive  aims  to  establish  a  set  of  safety  rules  relating  to  the 
transport  of  dangerous  goods  by  rail,  applicable  in  a  uniform  way  throughout  the 
Community. 

While pursuing  this objective,  this action  is also intended  to ensure  consistency  with  other 
Community  policies,  and  in particular  with  the following  measures: 

-  Proposal  for  a  Council  Directive  on  the  approximation  of  the  laws  of  Member  States 

with  regard  to the transport  of  dangerous  goods  by  road3. 

This proposal  for a Directive, already  adopted by the Council  in a common position,  has 
in  mind  for  road  transport  the same objective  as  that pursued  by this  Directive  for  the 
transport  of  dangerous  goods  by  rail.  Adoption  of  this  proposal  on  rail  transport  will 
ensure  the  desired  equality  of  competition  between  the  modes  for  the  transport  of 
dangerous  goods. 

-  Council Directives Nos. 90/219/EEC4 and 90/220/EEC5 relating to the  confined  use and 
deliberate  release  of  genetically  modified  micro-organisms,  as  well  as  Directive 
90/679/EEC6 relating  to the protection  of workers against exposure to biological agents. 

These  Directives  do not cover  the transport  of  the goods  referred  to.  Currently  this is 
only covered  in international  transport,  within the framework  of the RID.  This Directive 
consequently  aims  to  plug  the  gap  by  making  it  obligatory  for  the  transport  of  such 
goods,  at  national  level,  to comply  with  the same  safety  provisions  as those  applicable 
for  international  transport. 

OJ  No  C  17,  20.1.1994,  p.6 

OJ  No  L  117,  8.5.1990,  p.  1 

OJ  No  L  117,  8.5.1990,  p.  15 

OJ  No  L  374,  31.12.1990,  p.  1 

-  Council  Directive  89/391/EEC7 on measures  for  improvements  in the safety  and health 

of  workers. 

-  Proposals  for  Council  Directives  concerning  minimum  safety  and  health  requirements 
for transport  activities and workplaces on means of transport8,  and protection of workers 
from  risks  related  to chemical  agents9. 

-  Proposal  for  Council  Directive  on  the  control  of  major-accident  hazards  involving 

dangerous  substances10. 

-  Council  Directive  67/548/EEC11  on  the  classification,  packaging  and  labelling  of 

dangerous  substances  for  placing  on  the  market. 

These  rules  do not cover  the classification,  packaging and  labelling of dangerousgoods  for 
transport,  this aspect being covered in national and international  transportlegislation.  Given 
that no Community  legislation  exists  to cover  these elements for  the purposes  of  transport, 
this  proposal  is  aimed  at  filling  that gap. 

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 UN organisations,  e.g.  the responsible 
UN  transport  bodies,  to  harmonize  classification  systems.  Under  this  Rio  mandate  the 
Community  is  required  to harmonise  national  and  international  rules  for  the  classification 
and  labelling  of  dangerous  goods. 

E.  CONTENTS  OF  PROPOSAL 

Article  1  determines  the  scope  of  this  proposal. 
Community  legislation  affecting  the field  covered  by  this  Directive. 

Paragraph  2  safeguards  existing 

Article  2 defines  the  main  terms  used  in  the proposal. 

Article 3 states that the transport  of dangerous goods by rail  is authorized,  insofar  as it takes 
place  in  accordance  with  the  requirements  of  the  Directive,  and  especially  its  Annex. 

7 

8 

9 

10 

11 

OJ  No  L  183,  29.6.1989,  p. 1 

OJ  No  C  25,  28.1.1993 

OJ  No  C  165,  16.6.1993 

OJ  No  C  106,  14.4.1994,  p.4 

OJ  No  L  196,  16.8.1967,  p.l 

-9 

Article  4  allows  Member  States  to  continue  to  apply  national  rules  which  are  compatible 
with  the  multimodal  United  Nations  Recommendations  on  the  Transport  of  Dangerous 
Goods,  with  which  the  RID  is  gradually  being  harmonised,  until  the  revised  version  of  the 
Annex  to  this  Directive  has  been  brought  into  conformity  with  the  aforementioned 
Recommendations. 

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  provides  for  Member  States  to  continue  to  impose  more  stringent  measures  than 
those provided  for  by this  Directive  for  wagons  belonging  to their  rail  network  or  which  are 
registered  therein,  provided  the  transport  of  dangerous  goods  is  conducted  as  national 
transport. 

Article  6 §  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  RID  at  this 
stage  in  its harmonisation.  It also  allows  Member  States  to ensure  that  the basic  safety  rules 
for  sea  transport  are  met. 

Article  6  § 2  permits  a  derogation  from  the  requirement  in  the  Annex  to  this  Directive  -
according  to  which  the  marking  and  documentation  relating  to the  transport  operation  must 
be  drawn  up  in  several  languages  -  in  cases  where  transport  is  confined  to  the  territory  of 
a  single  Member  State.  It  also  allows  for  a  different  format  of  that  documentation. 

Article  6,  paragraphs  3  and  4  provide  for  an  exemption  for  an  unlimited  period  from  the 
provisions  of  this  Directive  for  wagons,  receptacles  and  tanks  constructed  in  accordance 
with  national  legislation  in  force  at  the  date  of  application  of  this  Directive.  Given  the 
investment  in such  rolling  stock  and equipment,  this should  be allowed  to continue,  provided 
that  it  remains  safe,  to  the  end  of  its  commercial  life.  Paragraph  4  additionally  allows 
Member  States  to  continue  to  construct  and  use  equipment  which  satisfies  provisions  in 
national  law  until 
standards  for  such  equipment  are  developed  and  incorporated  by 
reference  in  the  Annex  to  this  proposal,  and  at  the  latest  until  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.  Until  then,  Member  States  are  provided  with  the  option  of  constructing  and  using 
equipment  either  according  to  the existing  requirements  of  the RID  or  according  to  national 
provisions. 

Article  6  § 5  provides  for  a derogation  to allow  the  use  on  the  territory  of  a  Member  State 
of a reference  temperature  different  to that prescribed  in the Annex  for  the transport  in tanks 
of  liquefied  gases  and  mixtures  and  appropriate  to  the  climatic  zone  for  transport. 

-  10 

Article  6 § 6 provides  for  an exemption  similar  to that in Art.  6 § 4 for  existing  (long-life) 
re-usable  packagings. 

Article  6  § 7 allows  for  the transport  until  1 January  1998 of  dangerous  goods  classified, 
packaged  and  labelled  in  accordance  with  national  legislation  prior  to  the  date  of 
transposition  of  this  Directive 

Article 6 § 8 allows  for  the display,  but only  for  transport  carried  out on national  territory, 
of  "emergency  action  codes"  (such  as  the  'Hazchem'  code),  replacing  the  "hazard 
identification  code"  prescribed  by  the RID. 

Article  6  § 9 permits  a Member  State  to  retain  less  stringent  provisions  for  certain  small 
quantities of dangerous goods which might, for instance, include those used for  maintenance 
on  the  railway. 

Article 6 § 10 permits  Member  States  to derogate  from  the provisions  in  the Annex to this 
Directive for  single transports  required  in a timescale which would not allow sufficient  time 
for  revision  of  the  Annex. 

Article  6  §  11 covers  the case of  temporary  derogations  from  the provisions  laid  down in 
the Annex 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 
RID. 

Article  6  §  12  places  a  two  year  limit  from  the  date  of  application  of  this  proposal  for 
existing  agreements,  or  tariff  clauses,  concluded  between  two or  more  Member  States,  or 
rail  networks  negociated  under  the  terms  of  CIM.  This  period  allows  sufficient  time  for 
existing  derogations,  deemed  to  be  necessary,  to  be  introduced  and  published  as  new 
provisions  in the  Annex  to the RID and to be adopted  by way of  the Committee procedure 
provided  for  in  Article  8 - in  the  form  of  amendments  to the  Annex  to  this  Directive. 

Article  7 states  that  wagons  transporting  dangerous  goods  to or  from  a  third  country  may 
perform  international  transport  of  dangerous  goods  on  the  territory  of  the  Community, 
provided  the  transport  is conducted  in accordance  with  the  requirements  of  the RID. 

Articles  8 and 9 establish  the Committee procedure  for  further  harmonization  of provisions 
governing  the  transport  of  dangerous  goods  by  rail.  In  particular,  this  is  to  take account 
of  new  provisions  laid  down  in  the RID. 

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

11 

F. 

INTEREST  FOR  THE  EEA 

Since  the  Contracting  Parties  to  the  EEA,  with  the  exception  of  Iceland,  are  also  all 
Contracting  Parties  to  COTIF,  it  would  be  appropriate  for  them  to  be  associated  in  a 
suitable way with  this action,  to ensure  that the rules  relating  to the transport  of dangerous 
goods  by  rail  specified  in  the  Directive  would  be  applicable  throughout  the  European 
Economic  Area. 

In  this  connection,  the  Commission  recognises  the particular  circumstances  pertaining  to 
transport  of dangerous  goods by rail  in Finland.  Owing to the different  track gauge of the 
Finnish  rail network,  the only international  transport  from  and to Finland  without changing 
gauge is with  the states of the ex-Soviet Union.  In this case,  for  specific  technical reasons, 
Finland  does  not require  that  the transport  of dangerous  goods by rail  from  and  to the ex-
Soviet Union (Finland being, and states of the ex-Soviet Union not being Contracting Parties 
to  COTIF)  be  in  accordance  with  the  RID  requirements  and  would  want  to  maintain  this 
situation.  Finland  envisages  that  transport  using  its  own  wagons  will  remain,  for  both 
national and international  transport  (namely,  with the ex-Soviet Union), in accordance with 
the  RID.  Finland  is  satisfied,  nevertheless,  that  these  transports  fulfill  requirements  in 
national  legislation  ensuring  a sufficiently  high level of safety.  This transport,  although not 
insignificant  to  both  parties  in  terms  of  revenue,  does  not affect  any  other  Community  or 
EEA Member State nor engender any discrimination,  given the geographical  location of this 
transport.  The Commission  is disposed  to view in a favourable  light and at the appropriate 
time  a  suitable  and  limited  derogation,  both  in  the  framework  of  the  EEA  and  after 
accession,  to cover  this case  if  Finland  were  to accede  to the  Community. 

- 12 

Proposal  for  a Council  Directive 

on the  approximation  of the  laws of Member  States 

with  regard to the transport  of 

dangerous  goods  by rail 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Article  75  thereof, 

Having  regard  to  the  proposal  from  the  Commission1, 

Having  regard  to  the opinion  of  the Economic  and  Social  Committee2, 

in cooperation  with the European Parliament3, 

whereas,  in  recent  years,  the transport  of dangerous  goods by  rail  has considerably  expanded, 

thus  increasing  the  risks  of  accidents  occuring  and  whereas  it  is  therefore  necessary  that 

measures  should  be  taken  to  ensure  that  such  transport  is  carried  out  under  the  best  possible 

conditions  of  safety; 

13 

whereas  all  Member  States  of  the  Community  are  Contracting  Parties  to  the  Convention 

concerning  International  Carriage by Rail (COTIF),  Appendix B constituting the Uniform  Rules 

concerning  the Contract  for  International  Carriage  of Goods by Rail  (CIM),  Annex  1 to which 

constitutes  the  Regulations  concerning  the International  Carriage  of  Dangerous  Goods  by Rail 

(RID)  -  and  the  geographical  scope  of  which  extends  beyond  the  Community  alone;  whereas 

these  Regulations  only  cover  the  transport  of  dangerous  goods  by  rail  between  States,  and 

whereas,  consequently,  the  transport  of  such  goods  by  rail  at  national  level  falls  outside  its 

scope; 

whereas,  therefore,  the  application  of  uniform  safety  rules  throughout  the  Community  is 

indispensable;  whereas  the  most  appropriate  means  of  achieving  this  is  to  make  the  RID 

applicable  not  only  to  transport  operations  between  Member  States,  but  also  within  Member 

States; 

whereas  this action  does  not create additional  rules,  but rather  brings  the various  national  laws 

applied  by  the  Member  States  into  line  with  the  RID,  with  the  aim  of  creating  a  set  of 

harmonized  rules applicable  in a uniform  way throughout  the Community area,  compatible with 

the  requirements  of  the Single  Market; 

whereas,  having  regard  to the principle  of  subsidiarity,  it  is appropriate  that action  be taken at 

Community  level  to  ensure  a  sufficiently  high  level  of  safety  for  national  and  international 

transport  operations,  to guarantee the elimination of distortions  of competition  by facilitating  the 

free  movement  of  goods  and  services  throughout  the  Community  and  to  ensure  that  the 

consistency  of  such  legislation  with  that  arising  from  other  Community  policies  is  assured; 

whereas  Member  States should  retain  the right,  with  regard  to the transport  of dangerous goods 

by  rail  at  national  level,  to  implement  rules  reflecting  the  multimodal  United  Nations' 

Recommendations  on  the  Transport  of  Dangerous  Goods,  insofar  as  the  RID  is  not  yet 

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

goods; 

14 

whereas  Member  States  should  be  able  to  retain  the  right  to  maintain  more  stringent 

requirements for certain operations involving the transport of dangerous goods by rail performed 

as  national  transport; 

whereas, in particular,  this harmonization 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  temporary  derogations,  particularly  with regard  to 

the  construction  of  wagons,  tanks,  receptacles,  packaging  or  the  use  of  an  emergency  action 

code;  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  the  provisions  of  the  CIM  authorize  the  conclusion  of  agreements,  or  tariff  clauses, 

derogating  from  the  RID  and  that  the  large  number  of  these  agreements,  or  tariff  clauses, 

negociated  on  a bilateral  basis  between  Member  States,  or  rail  networks,  creates  distortion  in 

the free  provision  of  transport  services  for  dangerous  goods; 

whereas  the  inclusion  of  necessary  provisions  in  the Annex  to this  Directive  should  overcome 

the need for  such derogations;  whereas it is necessary  to provide for  a transitional  period during 

which  existing  agreements,  or  tariff  clauses,  may  still  be applied  by  Member  States; 

whereas  the  transport  of  dangerous  goods  by  rail  to  or  from  a  third  country  is  authorized, 

provided  it  is carried  out  in  accordance  with  the requirements  of  the RID; 

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  and  environmental  protection; 

15 -

whereas  no Community  legislation  exists  to cover  the classification,  packaging and  labelling of 
dangerous substances for transport;  whereas the Community has adopted Directive 67/548/EEC4 

on  the  approximation  of  the  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  chemicals,  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  there  is  as  yet  no  specific  Community  legislation  to  govern  the  conditions  of  safety 

under  which  biological  agents  and  genetically  modified  micro-organisms,  regulated  under 
Council  Directives 90/219/EEC5,  90/220/EEC6 and 90/679/EEC7  should  be transported  by rail; 

whereas  only  international  transport  of  such  goods  is governed  by the RID,  and  whereas  rules 

identical  to  those  provided  for  by  these  Regulations  should  be  laid  down  with  regard  to  the 

transport  of  these  goods  by  rail  within  Member  States; 

whereas  measures  for  the safety  and  health  of workers  at work  have been  set down  in  Council 
Directive  89/391/EEC8;  whereas  further  Community  measures  are  being  developed  on  the 

minimum  safety  and  health  requirements  for  transport  activities  and  workplaces  on  means of 

transport; 

OJ  No  L  196,  16.8.67,  p.  1 

OJ  No  L  117,  8.5.90,  p. 1 

OJ  No  L  117,  8.5.90,  p. 15 

OJ  No  L  374,  31.12.90,  p.l 

OJ  No  L  183,  29.6.89,  p.l 

16-

whereas  it  must  be  possible  to  adapt  this  Directive  rapidly  to  technical  progress,  notably  by 

adoption  of  new  provisions  laid  down  in  the  RID;  and  whereas,  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  Member  States  and  the  Commission  within  this 

Committee, 

HAS  ADOPTED  THIS  DIRECTIVE: 

-  17 -

CHAPTER  I 

SCOPE 

Article 1 

1.  This  Directive  shall  apply  to the transport  of  dangerous  goods  by  rail  within  or  between 

Member  States.  However,  Member  States  may exempt  from  the  scope  of  this  Directive 

the transport  of  dangerous  goods  by  rail  belonging  to or  under  the  responsibility  of  the 

armed  forces. 

2.  The provisions  of this Directive  shall  not prejudice  other  Community provisions  relating to 

worker  safety  and  environmental  protection. 

Article 2 

For  the purposes  of  this  Directive: 

'/?/D'  shall mean the Regulations concerning the International Carriage of Dangerous Goods 

by  Rail,  appearing  as  Annex  1 to  Appendix  B of  the  Convention  relating  to  International 

Transport  by  Rail  (COTIF),  together  with  its  amendments; 

'CIM' shall  mean  the Uniform  Rules concerning  the Contract  for  International  Carriage of 

Goods  by  Rail,  Appendix  B to  the  Convention  concerning  International  Carriage  by  Rail 

(COTIF); 

'dangerous goods'  shall  mean  those  substances  and  articles,  the transport  by rail  of which 

is prohibited  by,  or  authorized  only  on certain  conditions  by  the  Annex  to this  Directive; 

-  1 

'transport'  shall  mean  any operation  for  the transport  of dangerous  goods by rail,  conducted 

fully  or  partially  on  the  territory  of  a  Member  State,  including  the  activities  of  loading, 

unloading  and  transfer  to and  from  another  mode of transport  and  temporary  storage  related 

to the  transport  operation,  covered  by  the  Annex  to  this  Directive,  without  prejudice  to  the 

arrangements  laid  down  by  the laws  of  the  Member  States  concerning  liability  in  respect  of 

such  operations; 

It  shall  not  include  transport  wholly  performed  within  the  perimeter  of  an  enclosed  site. 

Article  3 

1.  Without prejudice  to Article  6,  dangerous  goods  whose  transport  is prohibited  by the Annex 

to  this  Directive  may  not  be  transported  by  rail. 

2.  Save as  otherwise  provided  for  in  this  Directive,  transport  of  other  dangerous  goods  by  rail 

shall  be authorized,  subject  to compliance  with  the conditions  laid  down  in  the Annex  to this 

Directive. 

CHAPTER  II 

DEROGATIONS;  RESTRICTIONS  AND  EXEMPTIONS 

Article  4 

Each  Member  State  may,  for  the  purposes  of  national  rail  transport  operations  on  its  territory, 

retain  provisions  existing  in  national  law  on  the  transport  of  dangerous  goods  by  rail  which  are 

consistent  with  the  UN  Recommendations  on  the Transport  of  Dangerous  Goods,  until  such  time 

as  the  Annex  to  this  Directive  are  revised  to reflect  those  Recommendations.  In  such  cases,  the 

Member  State  concerned  shall  inform  the  Commission  thereof. 

19 

Article 5 

1.  Without prejudice  to other  Community legislation,  each Member  State shall retain  the right 

to regulate or prohibit,  strictly  for  reasons  other  than  safety  during  transport,  in particular 

for  reasons  of  national  security,  the transport  of  certain  dangerous  goods  in  its  territory. 

2.  Member  States  may continue to apply  more stringent provisions  than  those provided  for by 

the  Annex  to  this  Directive  for  the  transport  of  dangerous  goods  by  rail  in  its  territory, 

excluding  construction  requirements. 

3. 

If  a  Member  State  considers  that  the  applicable  safety  provisions  have  been  found  to  be 

capable  of  improvement,  following  an  accident  or  an  incident,  to better  limit  the  hazards 

involved  in  the  transport  operation  and  if  there  is  an  urgent  need  to  take  action,  it  shall 

notify  the  Commission,  at  the planning  stage,  of  the  measures  which  it  proposes  to take. 

Acting  in  accordance  with  the  procedure  laid  down  in  Article  9,  the  Commission  shall 

decide  whether  the  implementation  of  the  said  measures  should  be  authorised  and  shall 

determine  the duration  thereof. 

Article 6 

Each  Member  State  may  accept  for  transport  by  rail  in  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. 

Where  an  international  journey  involves  carriage  by  sea,  Member  States  may  apply 

provisions  additional  to those of the Annex to this Directive to take account of international 

rules  governing  that  mode of  transport. 

20 

2.  Any provisions given in the Annex to this Directive concerning the format  of documentation 

or  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 authorize 

the  use  of  languages  other  than  those  provided  for  in  the  Annex  for  transport  operations 

performed  in  their  territories. 

3.  Each  Member  State  may  allow,  in  its  territory  only,  the  use  of  rail  wagons  constructed 

before  1 January  1997  which  do  not  conform  with  the  provisions  herein,  but  were 

constructed  according to national provisions in force  up to 31 December  1996, provided that 

those  wagons  are  maintained  to the required  safety  levels. 

4.  Each  Member  State  may retain  national  provisions  as at  31 December  1996 relating  to the 

construction,  use and  conditions  of  carriage  of  new  tanks,  and  new  receptacles  within  the 

meaning  of  Class  2 of  the  Annex  to this  Directive,  which  differ  from  the  provisions  laid 

down in those Annex, until such time as references  to standards  for the construction  and use 

of  tanks and  receptacles  are provided  in the Annex  to this  Directive,  with  the same binding 

force  as the provisions  therein  and no later  than 31 December  1998.  Receptacles and tanks 

constructed  before  1 January  1999 and maintained  to the required  safety  levels may continue 

to be  used  under  the original  conditions. 

5.  Each  Member  State may retain  national  provisions  other  than  those set out  in  the Annex to 

this  Directive  with  regard  to the  reference  temperature  for  the transport  in  its  territory  of 

liquefied  gases  or  mixtures  of  liquefied  gases,  until  such  time  as  provisions  relating  to 

appropriate  reference  temperatures  for  designated  climatic  areas  are  incorporated  into 

European  standards  and  referred  to in  the Annex  to this  Directive. 

6.  Each  Member  State  may  allow  the  use,  for  transport  in  its  territory,  of  packagings 

constructed  before  31 December  1996, but not certified  in accordance with the requirements 

of  the  RID,  provided  that  the  packaging  bears  the  date  of  manufacture  and  is  capable  of 

passing  the  tests  according  to the  requirements  of  national  legislation  in  force  up to 31 

- 21 

December  1996 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  metal drums exceeding 50 litres  in capacity  may be 

used  for  a  maximum  period  of  15  years  from  their  date  of  manufacture;  other  metal 

packagings and all plastics  packagings  may be used  for  a maximum period  of 5 years  from 

the date of  their  manufacture,  but  not beyond  31 December  1998. 

7.  Each  Member  State  may allow  certain  dangerous  goods packaged  prior  to  1 January  1997 

to  be  transported  in  its  territory  until  31  December  1998,  provided  that  the  goods  are 

classified,  packed  and  labelled  in  accordance  with  the requirements  in  national  legislation 

in  force  prior  to  1 January  1997. 

8.  Each Member  State may retain  provisions  in national legislation  in force  before  the date of 

transposition  of  this  Directive  into  national  legislation,  relating  to  the  display  of  an 

emergency  action  code  in  place  of  the  hazard  identification  number,  as  required  by  the 

Annex  to this  Directive,  for  rail  transport  operations  performed  in  its  territory. 

9.  Each  Member  State  may,  after  consulting  the  Commission,  maintain  provisions  less 

stringent  than  those set out  in the Annex to this Directive  for  the transport  by rail  within its 

territory  of  small  quantities  of  certain  dangerous  goods,  with  the  exception  of  substances 

having  a  medium  or  high  level  of  radioactivity. 

10.  Each  Member  State  may authorize ad hoc transport  operations  in its territory  of dangerous 

goods  which  are  either  prohibited  by  the  Annex  to this  Directive  or  which  are  performed 

under  different  conditions  from  those  in  the  said  Annex. 

22 

11.  Provided that no loss of safety arises, Member States may grant temporary derogations  from 

the  Annex  to  this  Directive  for  the  purpose  of  carrying  out  in  their  territory  the  trials 

necessary  with  a  view  to amending  the provisions  of  the Annex  in  order  to adapt  them  to 

technological and industrial  developments.  The Commission  shall be informed  thereof and 

shall  inform  the other  Member  States  thereof. 

Any  such  derogations  shall be applied  without  discrimination  with  regard  to nationality  or 

place  of  establishment  of  the  consignor,  operator  or  consignee;  they  shall  last  for  a 

maximum  period  of  five  years  and  shall  be  non-renewable. 

12.  Each  Member  State  may,  until  31  December  1998 at  the latest,  apply  existing  agreements 

with  other  Member  States,  without  discrimination  with  regard  to  nationality  or  place of 

establishment  of the consignor,  operator or consignee.  Any future  derogations  shall comply 

with  the requirements  of paragraph  10. 

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. 

CHAPTER  III 

FINAL  PROVISIONS 

Article 8 

The amendments  necessary  to adapt  the Annex  to scientific  and  technical  progress  in the  fields 

covered  by  this  Directive,  notably  to  take  account  of  the  amendments  to  the  RID  shall  be 

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

- 2 3-

Article 9 

1.  The Commission  shall be assisted  by the Committee on the transport  of dangerous  goods, 

hereinafter  referred  to as  "the 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 of  the Treaty  in  the  case  of  decisions 

which  the Council  is required  to adopt on a proposal  from  the  Commission. 

When votes are taken within the Committee, the votes of the representatives  of the Member 

States shall be weighted in the manner set out in the aforesaid  Article.  The Chairman shall 

not vote. 

3.  The  Commission  shall  adopt  measures  which  shall  have  immediate  effect.  However,  if 

these  measures  are  not  in  accordance  with  the  opinion  of  the  Committee,  they  shall  be 

communicated  by  the Commission  to the Council  forthwith. 

4. 

In that event,  the Commission  shall defer  application  of the measures  which it has decided 

on  for  a period  of  three  months  from  the date of  communication. 

The  Council,  acting  by a qualified  majority,  may take a different  decision  within  the time 

limit referred  to in  the previous  paragraph. 

24 

Article  10 

1.  Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative  provisions 

which  are  necessary  to  comply  with  this  Directive  before  1 January  1997.  They  shall 

immediately  inform  the Commission  thereof. 

When Member  States adopt these measures,  they shall contain a reference  to this Directive 

or  shall  be accompanied  by  such  a reference  on  the occasion  of  their  official  publication. 

The  procedure  for  making  such  a reference  shall  be laid  down  by  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  Directive. 

Article  11 

This  Directive  is addressed  to the Member  States. 

Done  at  Brussels, 

For  the  Council, 

The  President. 

25 -

Annex 

Regulations  concerning  the  International  Carriage  of  Dangerous  Goods  by  Rail  (RID),  as 

applicable with  effect  from  1 January  1995. 

N.B.  Versions  in  all  the official  languages of  the Community  will  be published  as soon  as a 

consolidated  text  is prepared  and  translations  are  ready. 

For  the  purposes  of  this  Annex,  consignment  note  means  a  CIM  consignment  note  used  for 
international  transport,  but shall not prejudice  the right of a Member  State to use,  for transport 
not  covered  by  CIM,  any  other  equivalent  documentation. 

2G 

Agreement  on  the 
European  Economic  Area 

The  EEA Joint  Committee 

DECISION  OF THE EEA JOINT  COMMITTEE 

No ../9. 

of 

199. 

amending  Annex  Xlll  (Transport) 

to  the  EEA  Agreement 

THE  EEA JOINT  COMMUTEE, 

Having  regard %o  the  Agreement  on  the  European  Economic  Area,  as  adjusted  by  the 
Protocol a4fiiS£rtgfthe Agreement on the European Economic Area, hereinafter  referred 
to  as the  Agreement,  and  in  particular  Article  98  thereof, 

Whereas Annex XIII to the Agreement was amended by Decision 7 / 94  of the EEA Joint 
Committee  of  21  March  1994  C); 

Whereas Council Directive  ../../EC on the approximation of the laws of  Member  States 
w i th  regard  to  the  transport  of  dangerous  goods  by  rail  i2)  is  to  be  incorporated  into 
the  Agreement, 

HAS  DECIDED AS  FOLLOWS: 

Article  1 

The  following  shall  be  added  in  Annex  Xlll  to  the  Agreement  after  point  42  (Council 
Decision  82/529/EEC): 

" 

42a 

(iii) Technical  harmonization  and  safety 

3 9.  L  ....  :  Council  Directive  ../../EC  on  the  approximation  of  the  laws  of 
Member  States  w i th  regard to  the transport  of  dangerous  goods  by  rafl(OJ  No 
L , , p . ) . '. 

1  OJ No L 160, 28.6.94, p. 85. 
2  OJ No L ,,  p. -

2? 

Article 2 

The texts of Council Directive ../../EC in the Rnnish, Icelandic, Norwegian and Swedish 
languages, which are annexed to the respective language versions of this Decision, are 
authentic. 

Article 3 

19.-,  provided that  all the  notifications 
This Decision  shall enter  into force on 
under Artide  103(1 ) of the Agreement have been made to the EEA Joint Committee. 

Artide 4 

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, 
the Offldal Journal of the European Communities. 

Done at Brussels, 

[Date] 

For the EEA Joint Committee 
The President 

The Secretaries 
to the EEA Joint Committee 

2  % 

ISSN 0254-1475 

COM(94) 573 final 

DOCUMENTS 

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Catalogue number : CB-CO-94-597-EN-C 

ISBN 92-77-83280-0 

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