Proposal for a Council Directive on the harmonization of examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland waterways
Date: 1998-03-19
Institutions: European Commission
Subjects: admission to examinations, approximation of laws, transport of dangerous goods, transport safety, vocational training

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.03.1998 
COM(1998) 174 final 

98/0106 (SYN) 

Proposal for a 

COUNCIL DIRECTIVE 
on 
the harmonization of examination requirements for safety advisers 
for the transport of dangerous goods by road, rail or inland waterways 

(presented by the Commission) 

Explanatory  memorandum 

A. The aim of the proposal 

This  proposal  aims  to  harmonize  regulations  in  the  Member  States  concerning  the 
examination  of  safety  advisers  for  the  transport  of  dangerous  goods  by  road,  rail  or 
inland  waterway.  The  need  for  requiring  harmonized  test  rules  as  a  condition  of 
exercising  the  safety  adviser  profession  derives  from  the  fact  that  examination 
requirements and levels in all Member States are  different. 

The  proposed  Directive  would  serve  to  guarantee  a  uniform  and  high  standard  of 
training  of  safety  advisers  and  would  be  a  further  step  toward  ensuring  the  safe 
transport  of  dangerous  goods.  Such  a  measure  is  also  necessary  because  the  EC 
training  certificate  awarded  to  safety  advisers  will  be  recognized  by  all  Member 
States. 

The proposed  Directive would also have a favorable  effect  with regard to  competition 
between  companies  affected  by  the  measure.  The  Commission  wishes  to  ensure  that 
the quality of training of safety  advisers is not undermined  in relation to the transport 
of  dangerous  goods,  an  area  of  particular  sensitivity  for  transport  safety  and 
environmental  protection.  The  prevention  of  accidents  and  incidents  requires  a 
guaranteed  and uniformly  high level of training throughout the Community  confirmed 
after  passing of an examination. 

Under  Directive  96/35/EC^,  all  companies  whose  activity  includes  the  transport  of 
dangerous  goods  by  road,  rail  or  inland  waterway,  including  loading  or  unloading 
connected with such.transport, are obliged to appoint one or more safety  advisers. The 
task of the safety  advisers is to reduce as far  as possible the risks to persons, property 
and the environment arising from  the transport of dangerous goods, on the basis of the 
principle of prevention. 

The professional  competence of the safety  adviser is to be ensured by  special  training 
and  approved  by  a  certificate,  after  passing  of  an  examination.  The  training 
certification  is to  be  recognized  by  all  Member  States.  Directive  96/3 5/EC  does  not 
contain any detailed provisions on the harmonization of examination requirements. 

1  Council  Directive 96/35/EC of 3 June  1996 on the appointment  and the vocational  qualification  of 
safety  advisers for the transport of dangerous goods by road, rail or inland  waterway, OJ No L 145 
of  19 June  1996, p. 10 

A 

B. Justification  for action at Community  level 

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

obligations? 

The main objective  of the action  envisaged  is to enhance  safety  in the transport  of 
dangerous  goods  within  the  Community.  This  would  be  achieved  through  the 
proposed  harmonization,  at  a  high  level,  of  examination  conditions  for  safety 
advisers.  In  addition,  the  proposal  contributes  towards  the  harmonization  of  the 
terms  of  competition  regarding  training  costs.  The need  for  requiring  harmonized 
test rules as a condition  of exercising the safety  adviser profession  derives from  the 
fact that examination requirements and levels in all Member States are  different. 

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

shared with the Member States ? 

Competence is shared between the Community and the Member States. 

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)? 

Council  Directive 96/35/EC, regulating the appointment of safety  advisers, is 
binding on all Member States. However, measures for harmonizing  examination 
conditions do not exist. 

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

Community and those of the Member States? 

Given  the  different  conditions  of  examination  in  Member  States  which  do  not 
ensure that the level of knowledge corresponds to the same high standards required 
throughout  the  Community  for  the  transport  of  dangerous  goods,  action  at 
Community  level is the only possible way to solve these problems. 

Therefore,  the enhancement  of transport  safety  and  the completion  of the  Internal 
Market  call  for  measures that  can only  be taken  satisfactorily  at  Community  level 
in order to achieve this objective. 

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

what would be the cost of inaction? 

The principles established  by the proposed  Directive  will  have the  favorable  effect 
of  establishing  uniform  examination  conditions  throughout  the  Community.  Thus, 
for  example, the minimum  frames  for  examination  with regard  to the  organization 
and  content  are  clearly  specified.  Finally,  conditions  are  fixed  for  companies 
wishing to provide services on the training market as examination bodies. The role 
of the competent authority in the Member States is also laid down. 

To sum up, in the interest of transport  safety,  the education  standard  for  dangerous 
goods officers  is standardized, and at the same time a high standard of examination 
conditions is guaranteed. 

f)  What forms  of actions 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 
harmonizing  the training  requirements  and enhancing  transport  safety.  A  Directive 
offers  sufficient  flexibility  to allow of existing national  rules to  be amended  rather 
than replacing them  with a Regulation. A recommendation  is not a legally  binding 
act. 

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

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

The adoption of a Council  Directive  is the appropriate procedure for  laying down a 
legal  framework  for  harmonizing  examination  requirements  for  safety  advisers, 
while  leaving  to  the  Member  States  the  means  of  enforcement  and 
the 
implementation of this Directive. 

C. Legal basis 

The measure is proposed on the basis of Article 75,1 (c) of the Treaty. 
The text is relevant for the EEA Treaty. 

D. Consultation of interested  parties 

Member  States  and  representatives  of  associations  from  various  industry  sectors 
including  chemicals,  gas  and transport  industries  were consulted  about  this  proposal. 
It  was  acknowledged  that  the  establishment  of  a  level  playing  field  for  the 
examinations  to  be  taken  by  safety  advisers  will  help  to  guarantee  high  safety-
standards.  Notwithstanding  comments  on  the  details,  a  clear  majority  of  those 
involved  advocated the new project  and they  supported  it. There will be no additional 
burdens or costs to industry resulting from this Directive. 

E. Contents of the proposal 

Article 1 outlines the purpose of this proposal and determines its scope. 

Article 2 defines the main terms used in the proposal. 

Article 3 regulates the organization and content of the examination. 

Article  4  specifies  Member  States'  right  to  grant  a  derogation  in  order  to  limit  the 
scope of the examinations in some well-defined  cases. 

Article 5 regulates the minimum requirements for examination bodies. 

Article 6 specifies requirements for approval of examination bodies. 

Article 7 concerns the cooperation between Member States and the exchange of 
information  on the catalogue of questions as referred  to in Article 3. 

Article  8describes the procedure  to  be  followed  in the  Committee  to be used  by  this 
Directive. 

Article  9 establishes  the  measures  with  which  each  Member  State  has  to  comply  in 
order to enforce the Directive. 

Articles 10 and 11: No comment. 

Proposal for a Council Directive on 

the harmonization of examination requirements for safety  advisers 

for the transport of dangerous goods by road, rail or 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 1, 

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

Acting in accordance with the procedure referred to in Article  189c of the Treaty and 

in co-operation with the European Parliament^, 

Whereas  the  improvement  of  transport  safety  and  the  protection  of  the  environment 

especially within the transport of dangerous goods by road, rail and inland  waterways 

are  important  issues,  whereas  the  human  element  is relevant  in  the  safe  operation  of 

the modes of transport; 

Whereas  under  the  terms  of  Council  Directive  96/35/EC  of  3  June  1996  on  the 

appointment  and  vocational  qualification  of  safety  advisers  for  the  transport  of 

dangerous  goods  by  road,  rail  and  inland  waterway4  all  companies  whose  activity 

includes  the  transport  of  dangerous  goods  including  loading  or  unloading  connected 

with  such  transport,  are  obliged  to  appoint  one  or  more  safety  advisers;  whereas 

Council  Directive  96/35/EC  does  not  contain  any  detailed  provisions  on  the 

harmonization of examination requirements and examination bodies; 

1  OJ  C... 

2  OJ C... 

3  OJC... 

4  OJ No L  145, 19.06.1996, p. 10 

Whereas  the  Member  States  must  set  up  a  common  framework  for  the  examination 

and the conditions  for  the examination  bodies  in order to guarantee  a certain  level  of 

quality  and  to  facilitate  the  mutual  recognition  of  the  certificates  throughout  the 

Community; 

Whereas  the  provisions  of  this  Directive  aim  to  harmonize  the  examination 

requirements;  whereas  the  examination  shall  take  the  form  of  a  written  examination 

and consist of questions based on topics laid down in Annex II of Directive 96/3 5/EC 

and  a case study where the candidates can demonstrate that they have the capacity  to 

fulfill  the tasks of a safety  adviser; 

Whereas  Member  States  may  provide  that  safety  advisers  working  for  undertakings 

whose activities are concerned  only  with  specific  dangerous goods shall  be examined 

only  on the  subject  matters  related  to  their  activities,  whereas  the  EC  certificate  will 

clearly indicate the limited validation; 

Whereas  the  examination  carried  out  by  the  examination  bodies  shall  be  subject  to 

approval  by  the  competent  authority  of  the  Member  States, whereas  Member  States 

shall define  the conditions of examination bodies in order to guarantee a high level of 

quality of the services, whereas the examination bodies shall be technically  competent 

and reliable; 

Whereas Member States shall assist one another in the implementation  of this 

Directive; 

Whereas the Commission shall be assisted by a consultative committee provided by 

Council Decision 87/373/EEC of 13 July  1987; 

HAS ADOPTED THIS DIRECTIVE: 

Chapter I 

Scope and  definitions 

Article 1 

Scope 

(1) This Directive  lays down the compulsory  examination  requirements  to be met  for 

the appointment  of safety  advisers for the transport of dangerous goods in accordance 

with Directive 96/35/EC. 

(2)  Member  States  shall  take  all  necessary  and  appropriate  measures  to  ensure  that 

safety  advisers  are  examined  in  conformity  with  the  requirements  provided  by  the 

present Directive. 

Article 2 

Definitions 

For the purposes of this Directive : 

- 

'safety  adviser  for  the  transport  of  dangerous  goods',  hereinafter  referred  to  as 

'adviser',  shall  mean  any  person  specified  in  Article  2  letter  b)  of  Directive 

96/35/EC; 

- 

'dangerous  goods'  shall  mean  goods  defined  in  Article  2  of  Directive  94/55/EC5 

and Article  2 of Directive  96/49/EC6 on the approximation  of the laws of Member 

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

- 

'initial training'  shall mean the training, after  which successful  conclusion  pursuant 

to Article 5 of Directive 96/35/EC a vocational-certificate  is issued; 

- 

'undertaking'  shall  mean  the  undertakings  specified  in  Article  2  letter  a)  of 

Directive 96/35/EC; 

5  OJ No L 319,  12.12.1994, p. 4. Directive amended  by Commission  Directive 96/86/EC (OJ  L 335, 

24.  12.1996, p. 43). 

6  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). 

•-  'examination'  shall  mean  the  examinations  specified  in  Article  5  paragraph  2  of 
{*  Directive 96/35/EC; 

- 

'examination  body'  shall  mean  any  institution  approved  by  Member  State's 

competent authority to conduct out examinations. 

Chapter  II 

Examinations 

Article 3 

(1) After  completion of the initial training, an examination shall be held in accordance 

with Article 5, paragraphs 2 and 4 of Directive 96/35/EC. 

(2)  In  the  examination,  the  candidates  shall  demonstrate  that  they  have  sufficient 

knowledge to be awarded the vocational  certificate. 

(3)  For  this  purpose  the  competent  authority,  or  the  examination  body  approved  by 

that  authority,  shall  prepare  a  catalogue  of  questions  in  which  at  least  the  subjects 

specified  in Annex II of Directive 96/35/EC are covered.Questions  in the examination 

shall be drawn from  this catalogue. 

(4) The examination  shall take the form of a written examination. 

(5) (a) Each candidate shall be asked questions on the subject matters covered by 

Annex II of Directive 96/35/EC as follows: 

1.  three questions on each subject  listed below: 

- general preventative and safety  measures, 

- the classification  of dangerous goods, 

- general packaging requirements, to include tankers, tank-containers, tank-

wagons etc., 

- danger markings and labels, 

- references  in transport documents, 

- handling and stowage, 

- crews: vocational training, 

- vehicle papers, means of transport  certificates, 

- safety  instructions, 

- requirements relating to transport equipment; 

2.  two questions on each subject listed below: 

- the method of consignment and restrictions on dispatch, 

- prohibitions and precautions relating to mixed loading, 

- the segregation of substances, 

- limits on the quantities carried and exempted quantities, 

- cleaning and/or degassing before loading and after  unloading, 

- traffic  and/or navigation regulations and restrictions, 

- operational and accidental discharges of pollutants; 

3.  one question on each subject listed below: 

- the transport of passengers, 

- surveillance obligations: parking. 

(b)  Each  candidate  shall  be  given  a  case  study  linked  to  Annex  I  of  Directive 

96/35/EC where they can demonstrate  that they  have the ability  to fulfill  the tasks of 

an adviser. 

Article 4 

(1) Notwithstanding  Article  3 paragraph  5, Member  States may  provide that  advisers 

working  for  undertakings  as defined  in Article  2 whose  activities  are  concerned  only 

with specific  dangerous  goods, namely  Class  1 (Explosives), Class 2 (Gases), Class 7 

(Radioactive  material) or mineral  oil products  (UN numbers  1202,  1203,  1223), shall 

be  tested,  in  accordance  with  Annex  II  of  Directive  96/35/EC  only  on  the  subject 

matters  related  to their  activities. The  EC  certificate  of training  issued  in  accordance 

with Annex  III of Directive  96/35/EC  will  clearly  indicate that it is valid  only  for  the 

specific  dangerous  goods  in  accordance  with  this  Article  for  which  the  adviser  has 

been examined. 

(2)  Before  deciding  on  the  conditions  of  examination  according  to  paragraph  1, 

Member  States  shall  communicate  those  conditions  to  the  Commission.  Such 

conditions may only be adopted by Member States if they are approved  in accordance 

with the procedure laid down in Article 8. 

Tasks of the competent authority, requirements applicable to examination  bodies 

Chapter III 

Member States shall appoint examination bodies, with respect to EC law, on the basis 

Article 5 

of: 

(a) 

(b) 

the qualifications and fields of activity of the examination body; 

a detailed program specifying  the subjects examined and indicating the 

planned test methods, the duration of the written examination and the pass 

mark. 

Article 6 

(1) Written examinations shall be set by the examination body. The examination body 

shall be subject  to approval by the competent  authority  or a designated  representative 

of the Member State. 

(2) The approval shall be given by the competent authority or a designated 

representative of the Member State in written form only and may be for a limited 

period of time. 

(3) Where approval is not time-limited the competent authority or a designated 

representative of the Member State shall regularly review that approval. 

Article 7 

Member  States  shall  assist  one  another  in  the  implementation  of  this  Directive  and 

shall  exchange  information  on the  catalogue  of  questions,  as referred  to  in  Article  3 

paragraph 3. 

Chapter IV 

Final provisions 

Article 8 

(1) The Commission shall be assisted by the Committee on the transport of dangerous 

goods  set  up  by  Article  9  of  Directive  94/55/EC,  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, 

if necessary by taking a vote. 

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. 

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 option  has been 

taken into account. 

Article 9 

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

provisions  necessary  to  comply  with  this  Directive  before  30  June  1999. They  shall 

forthwith  inform the Commission thereof. 

When  the  Member  States  adopt  those  measures  they  shall  include  references  to  this 

Directive  or shall  accompany  them  with  such  references  on their  official  publication. 

The  Member  States  shall  lay  down  the  manner  in  which  such  references  shall  be 

made. 

Member States shall apply these provisions from  1  January 2000. 

(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. 

(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  30  June  1998  and  shall  notify  any 

subsequent changes as soon as possible. 

Article 10 

This Directive shall enter into force on the twentieth day of its publication in the 

Official  Journal of the European Communities. 

This Directive is addressed to the Member States. 

Article 11 

Done at... 

For the Council 

The President 

ISSN 0254-1475 

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