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 APPROXIMATION OF THE LAWS OF MEMBER STATES WITH REGARD TO THE TRANSPORT OF DANGEROUS GOODS BY RAIL
Date: 1996-06-04
Institutions: European Commission
Subjects: approximation of laws, competence of the Member States, rail transport, transport of dangerous goods, transport safety

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COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  04.06.1996 
COM(96) 235  final 

94/0284 (SYN) 

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  APPROXIMATION  OF  THE  LAWS  OF MEMBER  STATES 

WITH  REGARD  TO  THE 

TRANSPORT  OF  DANGEROUS  GOODS  BY  RAIL 

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

On  16 April  1996 the  European  Parliament  amended  the Common  Position  adopted  by the 

Council  on  8 December  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 re-examined 

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

The first  amendment, requiring  notification prior to all shipments of (undefined)  "extremely" 

dangerous  goods,  is considered  by the Commission  to be unnecessarily  bureaucratic  with no 

obvious  benefit  to  safety.  The  reference  to  "extremely"  dangerous  goods  introduces  an 

element  of  legal  uncertainty,  in  that  it  would  create  an  additional  category  of  goods  (the 

"extremely"  dangerous  ones)  to the ones  referred  to  in the proposal. 

The type of transport  sought by the second amendment is already almost entirely covered by 

the  existing  derogation  allowed  for  under  Articles  6,11  and  the  new  6,14  of  the  Common 

Position  where  less  stringent  provisions  may apply  for  transport  within ports  or  airports  or 

within  or  between  industrial  sites.  Therefore  this  new amendment  is  superfluous. 

The  Commission  therefore  maintains  its  proposal  and  rejects  the amendments  proposed  by 

the  Parliament  to the Council's  Common  Position. 

Annex:  2 amendments  of  the European  Parliament 

X 

ANNEX 

Common position of the Council 

Amendments 

(Amendment 1) 
Article 3(2a) (new) 

For  the  transport  of  extremely 
dangerous 
various 
shall  be 
competent 
informed in advance. 

goods. 
authorities 

the 

(Amendment 2) 
Article 5 

Without  prejudice  to  other 
1 . 
Community  provisions,  each  Member 
State  shall  retain  the  right  to 
regulate  or  prohibit,  strictly  for 
reasons  other  than  safety  during 
transport  connected  in  particular 
or 
with 
environmental 
the 
transport of certain dangerous goods 
within its territory. 

security 
protection, 

national 

1 . .  Without  prejudice  to  other 
Community  provisions,  each  Member' 
State  shall  retain  the  right  to 
regulate  or  prohibit,  strictly  for 
reasons  other  than  safety  during 
transport  connected  in  particular 
or 
with 
environmental 
the 
transport of certain dangerous goods 
within its territory. 

security 
protection, 

national 

1a. This Directive shall not restrict 
the right of Member States, with due 
regard  for  Community  law,  to  adopt 
special  rules  or  grant  derogations 
for  transport  operations  of  local 
significance,  e.g.  the  transport  of 
hydrogen  cyanide  in  purpose-built 
tank wagons, or for the transport of 
dangerous goods on narrow-gauge, dock 
or mountain railways. 

2(a).  For transport via the Channel 
Tunnel, France and the United Kingdom 
may  impose more stringent provisions 
than those provided for in the Annex. 
The  Commission  shall be  informed  of 
such  provisions  and  it shall  inform 
the other Member States. 

2(a).  For transport via the Channel 
Tunnel, France and the United Kingdom 
may  impose more stringent provisions 
than those provided for in the Annex. 
The  Commission  shall be  informed  of 
such provisions  and  it shall  inform 
the other Member States. 

2(b).  Where a Member State considers 
that  stricter  provisions  should  be 
applied  to transport through tunnels 
with  characteristics  similar  to  the 
Channel Tunnel within its territory, 
it  shall  inform  the Commission. The 
Commission, acting in accordance with 
the procedure laid down in Article 9, 
shall  decide  whether  the  tunnel  in 
question has similar characteristics. 
Provisions adopted by a Member State 
shall be notified  to the Commission, 
which  shall  inform  the other  Member 
States. 

2(b).  Where a Member State considers 
that  stricter  provisions  should  be 
applied  to transport through tunnels 
with  characteristics  similar  to  the 
Channel Tunnel within its territory, 
it  shall  inform  the Commission. The 
Commission, acting in accordance with 
the procedure laid down in Article 9, 
shall  decide  whether  the  tunnel  an 
question has similar characteristics. 
Provisions adopted by a Member State 
shall be notified  to the Commission, 
which  shall  inform  the other Member 
States. 

2 0e) -- ; Ai Member  State ,i.ft which  the 
ambient • -temperature  is  roqularly 
lower  than  -  20 C  may  impose  more 
stringent  standards  as  regards  the 
operating  temperature  of  material 
intended  for  use  in  the  national 
transport of dangerous goods by rail 
within its territory until provisions 

the 

on 
reference 
appropriate 
temperatures for given climatic zones 
are incorporated in the Annex. 

3.  If on the occasion of an accident 
or  an  incident,  a  Member  State 
considers that the safety provisions 
applicable  have  been  found  to  be 
insufficient  to  limit  the  hazards 
involved  in  the  transport  operation 
and  if  there  is  an  urgent  need  to 
take action, that Member State shall 
notify the Commission at the planning 
stage  of  the  measures  which  it 
in 
proposes 
accordance  with  the  procedure  laid 
down  in  Article  9,  the  Commission 
shall 
the 
implementation  of  the  measures  in 
question  should  be  authorized  and 
shall determine the duration thereof. 

take.  Acting 

whether 

decide 

to 

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t <M»p*'i «it .in *'  t:. 
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Jowt.w  than 
2.0 C  may  impose  more 
stringent  standards  as  regards  the 
operating  temperature  of  material 
intended  for  use  in  the  national 
transport of dangerous goods by rail 
within its territory until provisions 
on 
reference 
appropriate 
temperatures for given climatic zones 
are incorporated in the Annex. 

the 

3.  If on the occasion of an accident 
or  an  incident,  a  Member  State 
considers  that the safety provisions 
applicable  have  been  found  to  be 
insufficient  to  limit  the  hazards 
involved  in  the  transport  operation 
and  if  there  is  an  urgent  need  to 
take action, that Member State shall 
notify the Commission at the planning 
stage  of  the  measures  which  it 
in 
proposes 
accordance  with  the  procedure  laid 
down  in  Article  9,  the  Commission 
s h a ll 
the 
implementation  of  the  measures  in 
question  should  be  authorized  and 
shall determine the duration thereof. 

take.  Acting 

whether 

decide 

to 

4.  Member  States  may  maintain  all 
national provisions applicable on 31 
December  1996  to  the  transport  and 
packing  of  substances  containing 
dioxins or furans. 

4. 
Member  States  may  maintain  all 
national provisions applicable on 31 
December  1996  to  the  transport  and 
packing  of  substances  containing 
dioxins or furans. 

DOC EN\RR\295\295933 

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PE 215.566/fin. 

ISSN 0254-1475 

COM(96) 235  final 

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