Amended proposal for a COUNCIL DIRECTIVE on the approximation of the laws of the Members States with regard to the transport of dangerous goods by rail
Date: 1995-09-14
Institutions: European Commission
Subjects: approximation of laws, derogation from EU law, rail transport, transport of dangerous goods, transport safety

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

* 
it 

-tr 
it 

Brussel,  14.09.1995 
COM(95) 424 final 

94/0284  (SYN) 

Amended  proposal  for  a 

COUNCIL  DIRECTIVE 

on  the  approximation  of  the  laws  of  the 
Member  States  with  regard  to  the 
transport  of  dangerous  goods  by  rail 

(presented  by  the  Commission  pursuant  to  Article  189  a  (2) 
of  the  EC-Treaty) 

Explanatory  memorandum 

Subject  :  Amendment  to the proposal  for  a Council  Directive  on  the approximation  of  the 
laws of  Member  States  with  regard  to the transport  of  dangerous  goods  by  rail 

Background 

Both  the European  Parliament's1  and  the Economic  and  Social  Committee's2  reports  on  the 
proposal  are  supportive  of  the initiative.  The  following  amendment  to  its original  proposal 
can  be accepted  by  the  Commission. 

The final amendment, accepted by the Commission,  allows Member  States who are currently 
involved  in rail  transport  operations with  states of the former  Soviet  Union  to continue to do 
so,  where the conditions of transport do not fully  comply with the requirements  of the Annex 
but  are  of  an  equivalent  level  of  safety. 

The  remaining  4 amendments  were considered  inappropriate  for  incorporation  in  the  text. 

Amendment  1  which would require all consignments of dangerous goods by rail to be subject 
to a prior  notification  procedure  was considered  over-bureaucratic  with  no obvious  increase 
in  safety. 

The  second  amendment,  requiring  a  total  prohibition  on  transport  of  dangerous  goods  on 
trains  carrying  members  of  the public,  even  in small  quantities,  would  create  difficulties  in 
practice  for  certain  Member  States  and  on  branch  lines. 

Amendment  3  is  misplaced  in  an  Article  that  allows  only  for  stricter  provisions  and 
furthermore  gives  derogations  to  sections  of  the  railway  which  should  have  no  problem 
meeting  the  Annex. 

The  4th  amendment  would  allow  for  the  persistence  of  barriers  to  trade  with  regard  to 
construction  standards. 

# 

O.J. 

Amended  proposal  for a 
COUNCIL  DIRECTIVE 
on the approximation  of  the  laws of the  Member  States  with 
regard  to the transport  of dangerous  goods  by  rail 

The proposal  from  the  Commission  forming  the  subject  of  document  COM(94)573  final3  is hereby 
amended  as follows  : 

Initial  text  proposed  by the  Commission 

Amended  text 

(Amendment) 

Article 7 

Subject  to  national  or  Community  provisions 

L  Subject  to  national  or  Community 

on  market  access, the transport  of  dangerous 

provisions  on  market  access,  the 

goods by  rail  between  Community  territory 

transport  of  dangerous  goods  by  rail 

and third  countries  shall  be  in  accordance 

between  Community  territory  and  third 

with  the requirements  of the RID. 

countries  shall  be  in  accordance  with  the 

requirements  of  the RID. 

2+  This  Directive  shall  not  affect  the right  of 

any  Member  State to  adopt  rules 

governing  the transport  on  its territory  of 

dangerous  goods  by  rail  from  or  to the 

states  of the former  Soviet  Union  which 

are  not  Contracting  Parties to the COTIF. 

Such  rules  shall  apply  only  to the 

carriage of dangerous  goods  as part-load 

consignments,  in hulk  or  in tanks by 

means  of  rail  wagons  approved  for  rail 

transport  in  a state  which  is not a 

Contracting  Party  to the COTIF. 

Germany.  Finland  and  Austria  shall 

ensure,  by  adopting  appropriate  measures 

and  conditions,  that  a standard  of  safety 

equivalent  to that  provided  for  by  the 

RID  is maintained.  In  Germany  and 

Austria,  the  provisions  of this  paragraph 

shall  apply  only  to  tank  wagons. 

Remainder  unchanged. 

O.J.  C  389,  31.12.1994,  p.  15 

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ISSN 0254-1475 

COM(95) 424 final 

DOCUMENTS 

EN 

07 

Catalogue number  : CB-CO-95-463-EN-C 

ISBN 92-77-93325-9 

Office  for Official  Publications of the European Communities 

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