Proposal for a Council Directive on the approximation of the laws of the Member States with regard to the transport of dangerous goods by vessels on inland waterways
Date: 1997-07-16
Institutions: European Commission
Subjects: approximation of laws, free movement of goods, inland waterway, inland waterway transport, transport of dangerous goods

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  16.07.1997 
COM(97) 367  final 

97/0193 (SYN) 

Proposal  for  a 

COUNCIL  DIRECTIVE 

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

dangerous  goods  by vessels on inland  waterways 

(presented  by  the  Commission) 

EXPLANATORY MEMORANDTJM 

A. FOREWORD 

The main purpose of this proposal  is to align national and international  rules on transport of 
dangerous  goods by  inland  waterways,  parallel to those for  road  (Directive  94/55/EC1) and 

rail (Directive 96/49/EC ), as a further  harmonisation measure to improve transport safety,  to 

guarantee fair  competition and to facilitate  transport operations. The proposed  Directive will 

meet also the Council's request on training requirements for transporting dangerous goods for 

crews  of  inland  waterways  vessels,  raised  during  discussions  of  the  Directive  on  the 
boatmasters1  certificate. 

R. GENERAL INTRODUCTION 

The international transport of dangerous goods by inland waterways is currently governed by 

two  sets  of  rules  which  have  either  limited  legal  effect  or  limited  geographical  scope  of 

application,  namely  the Recommendation  concerning  the international  carriage  of  dangerous 

goods  by  inland  waterway  (ADN)  issued  by  the  UN  Economic  Commission  for  Europe 

(ECE)  and  the  Regulation  on  the  Transport  of  Dangerous  Goods  on  the  Rhine  (ADNR) 

adopted  by  the  Central  Rhine  Commission  (CCNR).  Contracting  Parties  to  the  ADNR  are 

Belgium, France, Germany, the Netherlands and Switzerland. 

After  many years of discussions about the content of technical provisions for the transport of 

dangerous  goods  by  inland  waterways,  the Inland  Transport  Committee  (ITC) of  the ECE 

finally  agreed that the text of the ADN should be updated in line with the requirements of the 

ADNR.  The responsible Working Group of the ECE has fulfilled  this task  in the meantime, 

so that the Annexes of the revised ADN recommendation could be annexed to this proposal. 

Council  Directive 94/55/EC of 21 November  1994 on the approximation  of the laws of the Member States with  regard  to 
the transport of dangerous goods by road (OJ No L 319,  12.12.1994, p. 7). Directive amended by Commission  Directive 
96/86/EC  (OJ No L 335, 24.12.1996,  p. 43). 

2 

Council  Directive  96/49/EC of 23 July  1996 on the approximation of the laws of the Member  States with  regard  to the 
transport of dangerous goods by rail (OJ No L 235,  17.9.1996, p. 25).  Directive amended by Commission  Directive 
96/87/EC  (OJ  No L 335, 24.12.1996,  p. 45). 

In  addition,  the  ECE  decided  in  January  1995  to  set  up  a  working  group  for  drafting  a 

European Agreement  in order to give formal  legal status to the ADN recommendation.  It is 

expected that the work at expert level will be finished  by the beginning of  1998. In the event 

that the proposed  ADN Agreement will be adopted by contracting parties the existing ADN 

recommendation will be replaced by the new Agreement. 

In this context it should be noted that legally binding pan-European instruments  already exist 

for  the  transport  of  dangerous  goods  by  road  (ADR  Agreement  under  the  auspices  of  the 

ECE)  and  by  rail  (RID  Regulations  concerning  the  International  Carriage  of  Dangerous 

Goods  by  Rail,  appearing  as  Annex  I  to  Appendix  B  of  the  Convention  concerning 

International Carriage by Rail (COTIF)). 

The  ADN  recommendation  only  covers  the  transport  of  dangerous  goods  by  inland 

waterways  between  Member  States.  Consequently,  the  transport  of  such  goods  by  inland 

waterway at national level falls outside its scope. Furthermore,  the ADNR is only applicable 

on the river Rhine. 

The objective of this proposal is therefore to ensure 

- 

that the same level of safety  is guaranteed for transport both within and between Member 

States by applying ADN in both cases and 

- 

to align EC rules to internationally agreed standards. 

At  national  level  rules  have  developed  in  a  diverse  manner.  In  the  absence  of  Community 

legislation  concerning  the  transport  of  dangerous  goods  by  inland  waterway,  the  safety  level 

required  by  the  various  Member  States  for  the  transport  of  such  goods  in  national  transport 

varies  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. 

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  inland  waterways.  Therefore,  in  line  with  the  declared  political  objectives  of  the 

Commission  in  the  field  of  the  transport  of  dangerous  goods  and  in  connection  with  the 

previous  activities  of  the  Council  for  the  transport  of  dangerous  goods  by  road  (Directive 

94/55/EC)  and  rail  (Directive  96/49/EC)  the  Commission  proposes  to  ensure  through  a 

framework  Directive  for  inland  waterways  that,  in  the  future,  rules  for  domestic  operations 

are aligned with those applicable to international ones. 

Moreover,  during  the  Council  debate on the proposal  for  a Directive  on the harmonisation of 

the  conditions  for  obtaining  national  boatmasters'  certificates  for  the  carriage  of  goods  and 

passengers  by  inland  waterway  in  the  Community  (Directive  96/50/EC  ),  the  Commission 

was  asked  in  a  statement  by  the  Council  to  submit  as  soon  as  possible  a  proposal  for  a 

Directive on the training requirements  for  crews transporting dangerous  goods.  The  Council's 

request  could  be  best  fulfilled  through  the  proposed  framework  Directive  for  transport  of 

dangerous  goods  by  inland  waterways.  Training  requirements 

for  personnel 

involved  in 

inland  waterway  transport  are  already  laid  down  in  the  Annexes  to  the  ADN  (marginal 

10 315). 

3  O J N o L 2 3 5,  17.09.96,  p. 31. 

As  these  Annexes  will  form  the Annexes to the  legal provisions  of the proposed  Directive, 

they  will  automatically  be  transposed  into  Community  law.  This  does  not  preclude  the 

opportunity  for constant adaptation of these Annexes to meet best Community practice in the 

future. 

The best means to achieve the above objectives  is to make the ADN rules obligatory not only 

for  the transport  of dangerous goods by  inland waterways between Member  States, but also 

for  transport  of  such  goods  on  the  internal  Waterways  of  a  Member  State.  One  obvious 

advantage of using the ADN as the basis of  harmonisation  is that Community  rules  will be 

the same as international rules. 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. 

The additional  advantage of using ADN is that the same standards would be used in Central 

and Eastern Europe. The Community has signed Association Agreements with certain Central 

and  Eastern  European  Countries  which  are  linked  to  the  Community  by  inland  waterway, 

namely Poland, Czech Republic, Hungary, Slovakia, Rumania and Bulgaria. Under the terms 

of  the Association  Agreements,  these countries  are obliged to approximate  their  laws to the 

acquis communautaire.  This process will therefore be facilitated  through basing the proposed 

Directive on the ADN, since the existing national laws of these countries are largely based on 

the ADN. 

This proposal  will not entail particular  financial  implications  for  the Community  budget and 

any additional costs for Member States are not considered to be substantial. 

C. 

JUSTIFICATION FOR ACTION AT COMMUNITY LEVEL 

Subsidiarity 

(a)  What are the objectives  of the proposed action in relation  to  the  Community's 

obligations? 

In seeking to harmonise rules on the transport of dangerous goods within, as well 

as between,  Member States, it is intended that a high level of safety  in this  form 

of transport will be ensured. 

Moreover,  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 dangerous goods within the Commumty. Inland waterway cabotage is 

already  guaranteed  by  Council  Regulation  EEC  3921/91.  By  replacing  national 

rules  with  a Community  measure,  existing  obstacles  to free movement  of goods 

between  Member  States  as  far  as  transport  equipment  is  concerned  (vessels, 

cylinders, tanks, packaging, safety devices) would be removed. 

(b)  Does competence for  the planned activity  lie solely with the  Community  or  is it 

shared with the Member States? 

It  is  a  competence  shared  between  the  Commumty  and  the  Member  States 

according to 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) ? 

All  Member  States  are. already  subject  to  Council  Directives  94/55/EC  and 

96/49/EC  which  establish  the  technical  requirements  for  the  transport  of 

dangerous goods by road and rail. The same will be true for this Directive. 

The proposed Directive is binding on all Member States. However, as is the case 

with  other  EC  Directives  on waterway  matters  (for  instance:  Council  Directive 
82/714/EEC  laying down  technical  requirements  for  inland  waterway  vessels4), 

this  Directive  provides  the  possibility  for  Member  States  not  linked  to  the 

international  European network to exempt such transport from  the application of 

the Directive.  Other  Member  States are  left  with the possibility  to exempt from 

all or part of the Directive the transport of dangerous goods by vessels operating 

on navigable waterways not linked with waterways of other Member States. 

(d)  What is the most effective solution taking  into account the means available  to the 

Community and those of the Member States? 

Action at Community level is the only possible way to solve these problems. 

The problems are three-fold: 

Certain Member  States are already  Contracting  Parties  to ADNR and  apply  this 

for the purposes of transport of dangerous goods on the river Rhine. 

However,  a  large  number  of  bilateral  and  multilateral  agreements  provide  for 

derogations  to  ADNR  rules  among  Contracting  Parties  of  the  CCNR  which 

impair the uniform character of these rules. 

4 

OJ No L 301, 28.10.1982, p 1. 

Furthermore, at national level rules on the transport of dangerous goods by inland 

waterways  exist  and  are,  to  a  greater  or  lesser  extent,  based  on  international 

rules.  Nevertheless,  these national rules  remain different  in each Member State, 

although gradual alignment with the international rules is emerging. 

Extending the requirements  of the ADN to cover transport operations  within one 

Member  State  would  hot  require  too  great  an  effort  of  adaptation  by  Member 

States given the existence of equivalent rules at the international  level.  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.  Comparable  measures  have  already 

been taken to cover the safe transport of dangerous goods by road and rail within 

the Community. 

(e)  What real added value  will the activity proposed by the Community provide  and 

what would be the cost of inaction? 

The advantages of the proposed Directive can be summarized as follows: 

In the interests of safety and environmental protection 

The  ADN  Recommendation  brought  into  line  with  the  ADNR  is 

recognised  as a technical  regime based  on the safest  possible conditions, 

but  it  is  only  applicable  for  international  operations.  The  Directive 

proposed here would make the requirements of the ADN Recommendation 

compulsory  for  both  national  and  international  transport  within  the 

Community  and  will  therefore  enhance  safety  and  the  protection  of  the 

environment. This is in our common interest. 

In the interests of harmonisation 

A  single  set  of  binding  rules  would  guarantee  the  same  technical 

requirements  for  classification,  packaging,  labelling,  documentation  and 

equipment  of  vessels  and  would  facilitate  mutual  recognition  of 

certificates.  This  appears  desirable  in the  long  run  in order  to  facilitate 

the transport of dangerous goods by inland waterway. Such an approach is 

therefore  in line  with the concept  of  the  Single  Market  and  with  certain 

specific  objectives  of  the  Common  Transport  Policy,  such  as  the 

promotion  of  (environmentally  -friendly)  waterborne  and  combined 

transport,  the  avoidance  of  road  congestion  etc.  In  addition,  it  will  help 

shipyards to build vessels for an enlarged market without any derogations. 

In the interests of the involved parties 

Having  only  one  legally  binding  system  will  decrease  the  administrative 

burden  not  only  for  shippers  and  carriers  but  also  for  the  enforcement 

bodies. This could be treated as a contribution to simplification of the law. 

(f)  What forms  of action are available to the Community  (recommendation,  financial 

support,  regulation,  mutual recognition,  etc...)? 

It is considered that a Directive is the best means available of achieving the goal of 

uniform  national  requirements  in this  field,  which  is  already  regulated  to  some 

degree  by  Member  States.  A  Directive  would  allow  the  flexibility  of  amending 

existing  national  rules  rather  than  abandoning  these  for  a  Regulation.  A 

Recommendation  is  considered  insufficient  given  the  sensitive  safety  aspects 

involved in this transport. Financial support would clearly be inadequate. 

(g)  Is  it  necessary  to  liave a  uniform  Regulation  or  is  a  Directive setting out the 

general objectives  sufficient,  leaving  implementation  at  the level of  the  Member 

States? 

The  nature  of  the  ADN  as  it  exists  at  present  is  complex  and  detailed  in  its 

technical  provisions.  It  is  not  the  Community's  intention  to  further  complicate 

these rules by developing  additional  requirements,  but rather,  as far  as possible, 

to  take  the  existing  ADN  for  international  transport  and  to  allow  the  Member 

States to transpose this into national law, while leaving to the Member  States the 

means of enforcement  and the implementation of this measure. 

10 

D.  Coherence with other Community policies 

As stated earlier,  this Directive aims to establish a set of safety  rules relating to the transport 

of  dangerous  goods  by  inland  waterways,  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: 

Council  Directives  94/55/EC5  and  96/49/EC6  on  the  approximation  of  the  laws*of 

Member States with regard to the transport of dangerous goods by road and rail. 

These  Directives  have  in mind  for  road  and  rail  transport  the  same  objective  as  that 

pursued  by  this  Directive  for  the  transport  of  dangerous  goods  by  inland  waterway. 

Adoption of this proposal on inland waterway transport will ensure the desired equality 

of competition between the modes for the transport of dangerous goods. 

Council  Directive  96/35/EC  on the appointment and vocational  qualification  of  safety 

advisers for the transport of dangerous goods by road, rail and inland waterway. 

This  Directive  will  ensure  that  undertakings  involved  in  the  transport  or  the  related 

loading or unloading of dangerous goods will comply with the rules by the appointment 

of safety advisers who have received appropriate vocational training. 

OJ  No  L 319,  12.12.1994,  p. 7.  Directive amended by Commission  Directive 96/86/EC  (OJ No L 335, 24.12.1996, 
p. 43). 
OJ  No  L 235,  17.09.1996,  p. 25. Directive amended  by Commission  Directive 96/87/EC  (OJ No L 335, 24.12.1996, 
p. 45). 
OJ No L  145,  19.06.1996,  p.  10. 

11 

Council  Directives  Nos.  90/219/EEC8  and  90/220/EEC9  relating  to  the  confined  use 

and  deliberate  release  of  genetically  modified  micro-organisms,  as  well  as  Directive 

90/679/EEC 

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 ADN.  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. Moreover, the transport of dangerous goods by road and rail 

were handled in the same way. 

Council Directive 89/391/EEC11 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 transport, and protection of workers 

from risks related to chemical agents. 

Council  Directive  96/82/EC12  on  the  control  of  major-accident  hazards  involving 

dangerous substances. 

Council Regulation (EEC) No 259/9313 on the supervision and control  of  shipments of 

waste within, into and out of the European Community. 

OJ L  117, 8.05.1990,  p.  1. Directive amended by Commission Directive 94/51/EC (OJ L297,  18.11.1994, p. 29). 
OJ L  117,  8.05.1990,  p.  15. Directive amended by Commission Directive 94/15/EC (OJ L  103, 22.04.1994,  p. 20). 
OJ L 374, 31.12.1990, p.  1. Directive as last amended by Commission Directive 95/30/EC (OJ L  155, 6.07.1995,  p. 41). 
OJ L  183, 29.06.1989,  p.  1. 
O JL  10,  14.01.1997,  p.  13. 
OJ  L 30, 06.02.1993, p.  1. Regulation  as  last amended  by Council  Regulation  (EC)  120/97  (OJ  L 22,  24.01.1997, 
p.  14) 

12 

Council  Directive  67/548/EEC14  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 dangerous goods 

for  transport,  this  aspect  being  covered  in  national  and  international  transport 

legislation.  Given that no Community  legislation exists to cover these elements for  the 

purposes of transport, this proposal is aimed at filling the 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  harmonise  classification  systems.  Under  the 

conclusions of the Rio conference the Community is required to harmonise national and 

international rules for the classification and labelling of dangerous goods. 

14  OJ L  196,  16.08.1967,  p.  1. Directive as last amended by Council  and European  Parliament  Directive  96/56/EC 

(OJL 236/35,  18.09.1996). 

13 

E.  CONTENTS OF THE FROPOflMr 

Article 1 

Paragraph 1 determines the scope of this proposal. 

Paragraph 2 provides for Member States to exempt from the provisions of this Directive the 

transport  of  dangerous  goods  by  vessels  on  waterways  on  the  territory  of  these  Member 

States,  which  are  not  connected  to  the  inland  waterway  network  of  other  Member  States. 

Paragraph  2  is  based  on  similar  clauses  in  other  Community  legislation  concerning  inland 

waterways. 

Paragraph  3  excludes  from  the  scope  vessels  used  for  the  transport  of  dangerous  goods 

under the control of the armed forces of a Member State. 

Paragraph  4 clarifies  the construction specifications  for  seagoing vessels which operate on 

the inland waterways on the territory of the Community. 

Paragraph  5 allows Member  States to maintain national rules which are not covered  by the 

Annexes  to  this  Directive  provided  that  this  legislation  does  not  interfere  with  Community 

law.  With  regard  to  inspections  of  vessels  carrying  dangerous  goods  and  requirements  for 

ship  inspecting  bodies  and  classification  societies,  the  national  provisions  may  not  be 

extended. 

Article 2 defines the main terms used in the proposal. 

Article 3 states that the transport of dangerous goods by inland waterways on the territory of 

a Member State is authorized,  insofar  as it takes place in accordance with the requirements of 

the Directive, and especially its Annexes. 

14 

Article 4 

Paragraph  1 prescribes  that vessels transporting dangerous goods on waterways  referred  to 

in Article  1(1) shall be issued with a Community certificate  in accordance with the procedure 

laid  down  in  marginal  10 282  of  Annex  B.l  and  marginal  210  282  of  Annex  B.2  of  this 

Directive (certificate  of approval). The certificate  of approval attests that the vessel has been 

inspected and that its construction and equipment comply with the applicable provisions of the 

Annexes A, B.l  and B.2 to this Directive. 

Paragraph 2 foresees  that vessels carrying a certificate  granted according to the ADNR may 

carry dangerous goods over the entire Community territory under  the conditions  specified  in 

mis certificate.  The reason for  this provision  is to take into account the good  safety  practice 

of the Rhine States, on whose legislation this proposal is based,  and to avoid duplication and 

additional cost burden for the operators. 

Paragraph 3 introduces a list of bodies authorised to carry out the inspections  in accordance 

vvith marginals  10 282 and 210 282 ADN. 

Paragraph  4  states  that  the  certificate  of  approval  issued  by  the  competent  authority  of  a 

Member State shall be recognised by all other Member States. 

Article 5 

Paragraph  1 allows  Member  States  to  retain  the  right  to  regulate  or  prohibit,  strictly  for 

reasons  other  than  safety,  the  transport  of  certain  dangerous  goods  by  vessels  on  inland 

waterways within its territory. 

15 

Paragraph  2  covers  the  construction  and  equipment  of  vessels  already  in  operation  at  the 

date of entry  into force  of this Directive. 

Paragraph  3  deals  with  the  Member  States'  right  on  the  occasion  of  an  accident  or  an 

incident. 

Paragraph  4  adds  an  exemption  for  dioxins  and  furans  whereby  national  provisions 

applicable on 31 December  1998 may be maintained. 

Paragraph 5 makes a reference  to national rules governing  ferry  operations. 

Article 6 

Paragraph  1 has the  aim of  facilitating  multimodal  transport  in recognising  the  requirements 

for  the  safe  transport  of  dangerous  goods  in  sea  or  land  transport.  These  modal  rules  are 

based  more  closely  on  the  global  multimodal  UN  Recommendations  than  is  the  ADN  at  this 

stage in its  harmonisation. 

Paragraph  2  permits  a  derogation  from  the  requirement  in  the  Annexes  A,  B.l  and  B.2  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. 

Paragraph 3 permits  Member  States, after  consulting  the Commission  in accordance  with the 

procedure  set out in Article 9,  to derogate  from  the provisions  in the Annexes  A,  B.l  and  B.2 

to this Directive  for  single transports  required  in a timescale which  would  not  allow  sufficient 

time for  revision of the Annexes. 

16 

Article 7 

Paragraph  1 states  that  the  transport  ot  dangerous  goods  by  vessels  on  inland  waterways  to 

or  from  third  countries  shall  be  conducted  in  accordance  with  the  requirements  of  the 

Annexes  to  this  Directive.  However,  where  the  Community  has  concluded  agreements  with 

third  countries  which  cover  the  transport  of  dangerous  goods  by  inland  waterway,  the 

provisions  of these agreements  shall apply. 

Paragraph  2 offers  the possibility  to vessels  registered  in third  countries  being  inspected  and 

certified  of a recognized  classification  society  according  to Annex C of this Directive  with  the 

effect  that no further  special  ship inspection  is needed. 

Articles  8  and  9  establish  the  Committee  procedure  for  further  harmonisation  of  provisions 

governing  the  transport  of dangerous  goods  on inland  waterways.  In particular,  this  is  to  take 

account  of  new  provisions  laid  down  in  the  ADN.  In  the  case  of  amendments  to  specific 

danger  classes  of  Annexes  A,  B.l  and  B.2,  for  example,  radioactive  material,  the  Committee 

provided  for  will take  into account the opinions of the experts on this  subject. 

Articles  10.  11 and  12: No comment. 

Annex  A:  Definitions  and  general  provisions.  List  of  substances  and  special  provisions  for 

the various classes. 

Annexes  B.l  and B.2:  Provisions  concerning  the carriage  of dangerous  goods  in packages  or 

in bulk  and  in tank vessels. 

Annex  C:  List of recognised classification  societies. 

Proposal  for  a Council  Directive 

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

of  dangerous  goods by vessels on inland  waterways 

THE  COUNCIL  OF THE EUROPEAN  UNION, 

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

Article  75,  1 c thereof, 

Having  regard to the proposal  from  the Commission  , 

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

Acting  in  co-operation  with  the  European  Parliament  in  accordance  with  the  procedure  laid 

down  in Article  189c of the Treaty  , 

Whereas  in recent years  the transport  of dangerous  goods by vessels  on inland  waterways  has 

considerably  expanded,  thus  increasing  the  risks  of  accidents  occurring;  whereas  measures 

must  therefore  be  taken  to  ensure  that  such  transport  is  carried  out  under  the  best  possible 

conditions  of  safety; 

1  OJ No  c 
2  OJ No C 

3 

Whereas  the  Recommendation  concerning  the  international  carriage  of  dangerous  goods  by 

inland  waterway  (ADN)  sets  down  uniform  rules  for  the  safe  international  transport  of 

dangerous  goods  by  vessels  on  inland  waterways,  which  are  in  line  with  the  Regulation  on 

the  Transport  of  Dangerous  goods  on  the  Rhine  (ADNR);  whereas  it  is  consequently 

desirable  that  such rules  should  be extended  in scope to national  traffic  in order  to  harmonise 

across  the Commumty  the conditions  under  which  dangerous  goods  are carried  by  vessels  on 

inland  waterways; 

Whereas  this  Directive  aims  to  align  national  and  international  rules,  parallel  to  Council 

Directives  94/55/EC4  and  96/49/EC5  for  the  transport  of  dangerous  goods  by  road  and  rail, 

as  a  further  harmonisation  measure  to  improve  transport  safety,  to  harmonise  competition 

conditions  and  to  facilitate  transport  operations;  whereas  this  Directive  will  meet  also  the 

Council's  request  on  training  requirements  for  the  crews  of  inland  waterway  vessels 

transporting  dangerous  goods; 

Whereas,  in  compliance  with  the  principle  of  subsidiarity,  these  laws  must  be  approximated 

in order  to ensure  a 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  consistency  with  the  other 

Community  provisions; 

Whereas  the provisions  of this Directive are without prejudice  to the commitment  entered  into 

by  the Community  and  its Member  States,  in accordance  with the goals  set under  Agenda 21, 

Chapter  19,  at  the  UNCED  Conference  in  June  1992  in  Rio  de  Janeiro,  to  strive  for  the 

future  harmonization  of systems  for  the classification  of dangerous  substances; 

OJ  No  L 319.  12.12.1994,  p.  7.  Directive amended  by Commission  Directive 96/86/HC (OJ  No L 335, 24.12.1996, 
p. 43). 
OJ  No  L 235,  17.09.1996,  p. 25.  Directive  amended  by Commission  Directive 96/87/RC (OJ  No L 335, 24.12.1996, 
P45). 

s 

19 

Whereas  no  specific  Community  legislation  currently  governs  the  safety  conditions  under 

which  biological  agents  and  genetically  modified  organisms,  regulated  under  Directives 
90/219/EEC6, 90/220/EEC7 and 90/676/EEC8 should be transported by inland waterway; 

Whereas  the  provisions  of  this  Directive  are  without  prejudice  to  the  application  of  other 

Community provisions in the field of worker safety and environmental protection; 

Whereas  the  Member  States  remain  free  to  regulate  any  operation  for  the  transport  of 

dangerous goods by vessels on inland waterways not covered by this Directive; 

Whereas each Member State must retain the right to regulate or prohibit,  strictly  for  reasons 

other than safety, the national transport of certain dangerous goods by inland waterways; 

Whereas  the  Member  States  remain  free  to  derogate  from  the  technical  Annexes  to  this 

Directive  with  regard  to  ferry  operations  undertaken  solely  for  the  purpose  of  crossing  an 

inland  waterway  or  a harbour  area  in order  to take  into account the local  character  and the 

wide range of different  types of ferry boats; 

Whereas  the  introduction  of  new  developments  in  technology  and  industry  must  not  be 

hindered; whereas temporary derogations should be provided for that purpose; 

Whereas the transport  of dangerous goods by inland waterway  to or from  a third  country  is 

authorized, provided it is carried out in accordance with the requirements of the ADN; 

6  OJ  No L  117,  8.05.1990,  p.  1. 
7  O J N oL  117,  8.05.1990,  p.  15. 
O J N o L 3 7 4,  31.12.1990,  p.  1. 

20 

Whereas  it  must  be  possible,  to  adapt  the  Annexes  to  this  Directive  rapidly  to  technical 

progress,  notably  by  adoption  of  new  provisions  laid  down  in  the  ADN;  whereas  the 

Committee created by Article 9 of Directive 94/55/EC should be used for this purpose, 

HAS ADOPTED THIS DIRECTIVE: 

21 

Chapter I 

Scope, definitions and general provisions 

Article 1 

(1)  This  Directive  shall  apply  to  the  transport  of  dangerous  goods  by  vessels  on  inland 

waterways within or between Member States. 

(2)  Member  States  may  exempt  from  the  application  of  all  or  part  of  this  Directive  the 

transport  of  dangerous  goods  by  vessels  operating  on  navigable  waterways  not  linked,  by 

inland waterway, to the waterways other Member States. 

(3) This Directive shall not apply to the transport of dangerous goods on inland waterways by 

vessels belonging to or under the responsibility ofjhe  armed forces. * 

(4) Seagoing  vessels operating on the inland waterways of the Community  designated  in the 

first  paragraph shall comply with the construction specifications  set out in marginal  120 100 

to 

120 295 Annex B.l  of this Directive. 

(5)  This  Directive  shall  not,  however,  affect  a  Member  State's  right,  with  due  regard  to 

Commumty  law,  to  maintain  specific  safety  requirements  for  the  national  or  international 

transport  of  dangerous  goods  by vessels,  in so far  as the Annexes  hereto  do  not cover  that 

area, as regards, inter alia: 

a)  regulations on transport safety authorities including marine police; 

b) requirements and execution of inspections of vessels carrying dangerous goods; 

22 

c)  requirements for ship inspecting bodies and classification societies. 

National  provisions  concerning  letter  b)  and  c)  may  not  be  extended.  The  provisions  in 

question  shall cease to apply if similar measures are made obligatory under Community law. 

Article 2 

For the purposes of this Directive: 

- 

'ADN'  shall  mean  the  technical  Annexes  to  the  Recommendation  concerning  the 

International Carriage of Dangerous Goods by Inland Waterways, concluded at Geneva, as 

annexed hereto in their version of  1. January 1997; 

- 

'ADNR'  shall mean the Regulation on the Transport of Dangerous Goods on the Rhine as 

in force at 1. January 1997; 

- 

'dangerous  goods'  shall  mean  those  substances  and  articles  the  transport  of  which  is 

prohibited or authorized only on certain conditions by the Annexes to this Directive; 

- 

'transport'  shall mean any operation involving the transport of dangerous goods by vessels 

on inland waterways, conducted between Member States or on the inland waterways  of a 

Member  State,  including  the  activities  of  loading,  unloading  and  transfer  to  or  from 

another mode of transport and the stops necessitated by the circumstances of the transport, 

covered by the Annexes to this Directive, without prejudice to the arrangements laid down 

by the laws of the Member States concerning liability in respect of such operations. 

- 

'ferry  operation'  shall  mean  a  transport  operation  undertaken  solely  for  the  purpose  of 

crossing an inland waterway or a harbour area. 

23 

Article 3 

(1) Without prejudice  to the provisions of Article 6,  dangerous goods the transport of which 

is prohibited  by  the  provisions  of  the Annexes  to this  Directive  may  not  be  transported  by 

vessels on inland waterways on the territory of a Member State. 

(2) Save as otherwise provided  in this Directive and without prejudice to the rules on market 

access  for  inland  waterway undertakings or to the rules  applicable to the transport  of goods 

by  vessels  on  inland  waterways,  the  transport  of  dangerous  goods  by  vessels  on  inland 

waterways  shall  be  authorized  subject  to  compliance  with  the  conditions  imposed  in  the 

following annexes: 

-  Provisions relating to dangerous substances and articles (Annex A); 

-  Provisions relating to the transport of dangerous goods in packagings or 

in bulk (Annex B.l); 

-  Provisions relating to the transport of dangerous goods in tanks (Annex B.2). 

Article 4 

(1) Vessels transporting dangerous goods on the waterways referred  to in Article  1(1) shall be 

issued with a Community certificate  in  accordance with the procedure laid down in marginal 

10 282 of Annex  B.l  and marginal  210 282 of Annex B.2.  A Community  certificate  issued 

by the competent  authority  of  a Member  State shall attest that the vessel  has been  inspected 

and  that 

its  construction  and  equipment  comply  with  the  applicable  provisions  of  the 

Annexes A, B.l  and B.2. The certificate shall be carried on board the vessel. 

24 

(2)  Notwithstanding  par.  1  all  vessels  carrying  a  certificate  granted  according  to  the 

Regulation  on  the  transport  of  dangerous  goods  on  the  Rhine  (ADNR)  as  in  force  at  1 

January  1997  may  carry  dangerous  goods  over  the  entire  Community  territory  under  the 

conditions specified  in this certificate. 

(3) Each Member  State shall establish a list of bodies authorised  to carry  out  inspections  in 

accordance with marginal  10 282 of Annex B.l  and marginal 210 282 of Annex B.2, which it 

shall communicate to the Commission and to the other Member States. Annex C contains the 

list of the recognized classification societies. 

(4) A certificate  issued by the competent  authority  of  a Member  State under  paragraph  (1) 

shall be recognized by all other Member States. 

Chapter  II 

Derogations, restrictions and exemptions 

Article 5 

(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,  with 

regard  in particular  to national security  or environmental protection,  the transport  of certain 

dangerous goods on inland waterways within its territory. 

(2) The use within the territory  of a Member  State of vessels carrying  a valid certificate  for 

the transport  of dangerous  goods  issued  according  to the national  law of that Member  State 

may be authorised by that Member State until the date of expiry of such valid certificate. 

25 

(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 proposes to take. Acting 

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

whether  the  implementation  of  the  measures  in  question  should  be, authorized  and  shall 

determine  the  duration  thereof.  The  Commission,may  amend  the  Annexes  to  the  present 

Directive in accordance with the procedure set out in Article 9. 

(4)  Member  States  may  maintain  all  national  provisions  applicable  on  31  December  1998 

pertaining  to  the  transport  and  packaging  of  substances  containing  dioxins  or  furans,  until 

equivalent provisions are incorporated in the Annexes to this Directive. These provisions may 

not  be  extended  or  made  more  stringent.  The  Member  States  shall  communicate  these 

national  provisions  to  the  Commission,  which  shall  inform  the  other  Member  States 

accordingly. 

(5)  A  Member  State  may  adopt  within  its  territory  national  provisions  relating  to  ferry 

operations  which  differ  from  the  provisions  of  the  Annexes  to  this  Directive.  These 

derogations must be registered on the ferry's technical certificate. 

Article 6 

(1)  Each  Member  State  may  authorize  the transport  by  vessels  on  inland  waterways  on  its 

territory  of dangerous  goods classified,  packed and labelled  in accordance with  international 

requirements for  maritime or land transport whenever the transport operation also involves a 

sea or land voyage. 

26 

(2)  The  provisions  of  the  Annexes  to  this  Directive  concerning  the  use  of  languages  in 

relevant marking or documentation shall not apply to transport operations confined  on inland 

waterways on the territory of a single Member State. A Member State may authorize the use 

of languages other than those provided for in the Annexes for transport operations  performed 

exclusively onjnland  waterways within its territory. 

(3) A Member  State may,  after  consulting  the Commission,  authorize within its territory ad 

hoc  transport  operations  involving  dangerous  goods  or  transport  operations  which  are 

prohibited by the Annexes or transport operations performed  under conditions* different  from 

those  laid  down  in  the  Annexes  provided  that  national  requirements  of  safety  level  are 

respected and tightly controlled under clearly specified conditions. 

Article 7 

(1) Subject to national or Community provisions on market access, the transport of dangerous 

goods by vessels on inland waterways between Community territory  and third countries shall 

be authorized  in so far  as it complies with the requirements of the Annexes to this Directive. 

However,  where the Community has concluded agreements with third countries which cover 

the  transport  of  dangerous  goods  by  inland  waterway,  the  provisions  of  these  agreements 

shall apply. 

(2)  Member  States  shall  waive  the  requirements  for  a  special  ship  inspection  of  vessels 

registered  in  third  countries,  if  a  certificate  has  been  issued  by  a  recognized  classification 

society  according  to Annex  C establishing  that the construction  and equipment  of  the vessel 

corresponds to the applicable provisions of the Annexes A, B.l  and B.2. 

27 

Chapter III 

» 

Final provisions 

Article 8 

The  amendments  necessary  to adapt the Annexes  to  scientific  and  technical progress  in the 

fields covered by this Directive, in particular to take account of amendments to corresponding 

provisions  in  the  ADN,  shall  be  adopted  in  accordance  with  the  procedure  laid  down  in 

Article 9. 

Article 9 

(1)  The  Commission  shall  be  assisted  by  the  Committee  on  the  Transport  of  Dangerous 
Goods  established  under  Article  9  of  Directive  94/55/EC9,  hereinafter  referred  to  as  'the 

Committee'. 

(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  with  in  a  time 

limit which the Chairman may lay down according to the urgency  of the matter,  if necessary 

by taking a vote. 

(3) The opinion shall be recorded  in the minutes; in addition,  each Member  State shall have 

the right to ask to have its position recorded in the minutes. 

9  O JL  319,  12.12.1994,  p.  7. 

28 

(4) The Commission shall take the utmost account of the opinion delivered by the Committee. 

It shall inform the Committee of the manner in which its opinion has been taken into account. 

Article 10 

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

necessary  to comply  with this Directive before  1 January  1999. They shall forthwith  inform 

the  Commission  thereof.  They  shall  apply  such  laws,  regulations  and  administrative 

provisions from  1 January 1999. 

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

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

methods of making such reference shall be laid down by Member States. 

(2)  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. 

(3)  Member  States  shall  lay  down  the  system  of  penalties  for  breaching  the  national 

provisions  adopted  pursuant  to  this  Directive  and  shall  take  all  the  measures  necessary  to 

ensure  that  those  penalties  are  applied.  The  penalties  thus  provided  for  shall  be  effective, 

proportionate  and  dissuasive.  Member  States  shall  notify  the  relevant  provisions  to  the 

Commission  not  later  than the day  specified  in paragraph  1 and shall notify  any  subsequent 

changes as soon as possible. 

29 

Article 11 

This  Directive  shall  enter  into force  on the 20th day  following  that of  its publication  in the 

Official Journal of the European Communities. 

Article 12 

This Directive is addressed to the Member States. 

Done at 

For the Council 

The President 

30 

Annex A 

The  Annex  incorporates  marginals  0  001  to  6  999  of  Annex  A  to  the  Recommendation 

concerning the International  Carriage of Dangerous Goods by Inland Waterways  (ADN), as 

effective  on 1 January  1997, 'Member State' being substituted for  'Contracting Party'. 

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

consolidated text is available in all languages. 

Annexes B.l  and B.2 

The  Annexes  incorporate  marginals  10  000  to  331  999  of  Annexes  B.l  and  B.2  the 

Recommendation  concerning  the  International  Carriage  of  Dangerous  Goods  by  Inland 

Waterways  (ADN),  as  effective  on  1 January  1997,  'Member  State'  being  substituted  for 

' Contracting Party '. 

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

consolidated text is available in all languages. 

List of recognized classification societies 

1  Germanischer Lloyd 

2  Bureau Veritas 

3  Lloyd's Register of Shipping 

Annex C 

31 

ISSN 0254-1475 

COM(97) 367  final 

DOCUMENTS 

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07  14  06  02 

Catalogue  number  :  CB-C0-97-355-EN-C 

ISBN  92-78-22653-X 

Office  for  Official  Publications  of the European  Communities 

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