OPINION OF THE COMMISSION on the amendments proposed by the European Parliament to the Council's common position on the proposal for a COUNCIL DIRECTIVE ON THE APPOINTMENT AND VOCATIONAL QUALIFICATION OF SAFETY ADVISERS FOR THE TRANSPORT OF DANGEROUS GOODS BY ROAD, RAIL AND INLAND WATERWAY
Date: 1996-03-12
Institutions: European Commission
Subjects: exchange of information, professional qualifications, transport accident, transport of dangerous goods, transport safety

< • *. 

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  12.03.1996 
COM(96) 96 final  -  SYN 516 

OPINION  OF THE  COMMISSION 
on the amendments proposed  by the European  Parliament 
to the Council's common  position  on the 

proposal  for  a 
COUNCIL  DIRECTIVE 

ON THE APPOINTMENT AND  VOCATIONAL 

QUALIFICATION  OF SAFETY  ADVISERS FOR THE TRANSPORT OF 

DANGEROUS  GOODS BY ROAD, RAIL AND INLAND  WATERWAY 

(presented  by the Commission  pursuant to Article  189 c (d) of the EC Treaty) 

OPINION OF THE  COMMISSION 

on the amendments  proposed  by the  European  Parliament 

to the  Council's  Common  Position 

on the  proposal  for a 

COUNCIL DIRECTIVE ON THE APPOINTMENT  AND  VOCATIONAL 

QUALIFICATION  OF SAFETY  ADVISERS  FOR  THE TRANSPORT OF 

DANGEROUS  GOODS BY ROAD,  RAIL AND INLAND  WATERWAY 

On  17 January  1996 the European  Parliament amended  the Common  Position adopted by the 

Council  on  6  October  1995  on  the  above-mentioned  proposal.  The  amendments  of  the 

Parliament  are at annex. 

Under  Article  189 C,  sub-paragraph  (d) of the EC Treaty,  the Commission  has reexamined 

its proposal  and  decided  not  to accept  the amendments  for  the following  reasons  : 

Amendment  1: 

The aim  of  this amendment  is  for  the safety  adviser  to prepare  an accident  report. 

Furthermore,  that  report  must  be sent  to the competent  authority.  The  Commission 

considers  this amendment  to be less  flexible  than  the text agreed  by  the Council. 

Amendment  2: 

The second amendment, requesting that the Commission be provided with the relevant 

information  concerning  accidents,  is not considered  to be a useful  contribution to the 

overall  goal  of  improving  safety  performance  in  the  transport  of  dangerous  goods, 

because  it  simply  sets  an  obligation  for  Member  States  to  forward  relevant 

information  to  the  Commission.  However,  in  the  European  Community  system  a 

more effective  measure is provided by Council Directive 94/55/EC, and in particular 

its  Article  5  thereof,  which  already  includes  appropriate  provisions  for  emergency 

measures  and  further  steps  to be taken  following  accidents. 

Amendment 3: 

The proposed  earlier  date for coming  into  force  of  this Directive  (1. January  1998 

instead  of  2000)  can  not be deemed  as  achievable  as  Member  States  need  time to 

establish  appropriate  training  facilities. 

The Commission  therefore  maintains its proposal. 

Annex: 3 amendments 

Common position of the Council 

Amendments 

(Amendment 1) 
Article 7 

Whenever an accident affects persons, 
property  or  the  environment  or 
results  in damage to property or the 
environment during transport, loading 
or  unloading  carried  out by  the un 
dertaking  concerned,  the  adviser 
shall, after collecting  all the rel 
evant  information,  prepare  an  acci 
dent report  to the management of the 
undertaking  or  to  a  local  public 
authority, as appropriate. 

That  report  shall  not  replace  any 
report  by  the management  Qf  the un 
dertaking which might be required in 
the  Member  States  under  any  other 
international, Community  or national 
legislation. 

Whenever an accident affects persons, 
property  or  the  environment  or 
results  in damage  to property  or the 
environment during transport, loading 
or unloading  carried  out  by  the un 
dertaking concerned, the risk preven 
tion  officer  must,  after  collecting 
all the relevant information, prepare 
an accident report^ 

That report must be sent to the auth 
ority or body designated  by the Mem 
ber  State  within  two  months  of  the 
date  of  the  accident.  However,  it 
shall  not  replace  any  report  by  the 
management  of  the  undertaking  which 
might  be  required  in  the  Member 
States under any  other  international 
Community or national  legislation. 

(Amendment 2) 
Article 7 a (new) 

Every  year  Member  States  shall  for 
ward the relevant  information to the 
Commission  concerning  the number and 
circumstances of the accidents within 
the  meaning  of  Article  7  that  have 
taken place on their territory. 

(Amendment 3) 
Article 11(1) 

1 . The Member States shall bring into 
force the necessary laws, regulations 
and  administrative  provisions  in 
order  to  comply  with  this  Directive 
no later  than  31  December  1999. They 
shall forthwith inform the Commission 
thereof. 

1 . The Member States shall bring into 
force the necessary laws, regulations 
and  administrative  provisions  in 
order  to  comply  with  this  Directive 
no  later  than  1  January  1998. They 
shall forthwith inform the Commission 
thereof. 

When  Member 
measures  they 
ences  to  this 
accompagny  them 
on  their  offic 
Member  States 
manner in which 
be made. 

States  adopt  those 
shall  include  refer-

Directive  or  shall 
with such references 
ial  publication.  The 
shall  prescribe  the 
such references shall 

When  Member  States  adopt  those 
measures  they  shall  include  refer 
ences  to  this  Directive  or  shall 
accompagny  them with  such  references 
on  their  official  publication.  The 
Member  States  shall  prescribe  the 
manner in which such references shall 
be made. 

1 

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