Opinion of the Economic and Social Committee on the '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: 1998-03-25
Institutions: European Economic and Social Committee
Subjects: EU Member State, approximation of laws, inland waterway shipping, inland waterway transport, transport of dangerous goods

25.5.98

EN

Official Journal of the European Communities

C 157/15

Opinion of the Economic and Social Committee on the ‘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’

(98/C 157/04)

On 11 September 1997 the Council decided to consult the Economic and Social Committee,
under Article 75(1)c) of the Treaty establishing the European Economic Community, on the
above-mentioned proposal.

The Section for Transport and Communications, which was responsible for preparing the
Committee’s work on the subject, adopted its opinion on 11 March 1998. The rapporteur was
Mr Giesecke.

At its 353rd plenary session (meeting of 25 March 1998) the Economic and Social Committee
adopted the following opinion with 105 votes in favour and one abstention.

1.

Introduction

1.1. Harmonized provisions are needed for the trans-
port of dangerous goods on Europe’s interconnected
inland waterways. This applies to both international
and national transport.

1.2.
The Rhine is the world’s busiest waterway. On
account of its considerable economic importance for
Central Europe, the Rhine has been subject to the rules
of the Mannheim Convention since 1868.

On this legal base, the Central Commission for the
Navigation of the Rhine (CCNR) has established pro-
visions for the transport of dangerous goods by inland
waterway (ADNR), including important training pro-
visions for crews.

The provisions of the ADNR have been transposed into
national law by all the Rhine states so that the ADNR
applies to all the interconnected waterways of Central
Europe.

1.3.
In 1997 Austria adopted the ADNR (as the ‘ADN
Regulation’) with minor changes for transport on the
Danube.

1.4.
The applicant countries have their national
regulations; for international transport, they have con-
cluded bilateral agreements on the basis of the ADNR.

European third countries have their own national

1.5.
provisions.

1.6.
Since 1996 all these countries have been negotiat-
ing in the UN Economic Commission for Europe (ECE)
a binding agreement on the international transport of
dangerous goods by inland waterway.

agreements have been transposed into national law by
the Member States.

To ensure a high level of safety in the intermodal
1.8.
transport of dangerous goods and to utilize available
spare capacity in inland shipping, provisions should also
be adopted for both international and national inland
waterway transport.

1.9.
To achieve the goal of pan-European alignment
of the rules on the transport of dangerous goods by
inland waterway as soon as possible, the ECE must
conclude its work as rapidly as possible. If possible the
safety level of the ADNR provisions should not be
undermined in any respect.

2. The Commission’s proposed directive

2.1.
The aim of the directive proposed by the Com-
mission is to improve the safety of the transport
of dangerous goods by inland waterway throughout
Europe. It ensures fair competition in the technical
sphere and facilitates operations for the transport
industry and shippers.

2.2.
In order to guarantee the cooperation of the
applicant countries and European third countries in
decisions concerning the transport of dangerous goods
on Europe’s inland waterways, the Commission has
made the pan-European ADN rather than the ADNR
the legal base of its directive.

The Commission stresses that it wishes to bring
2.3.
the safety standards of the ADN into line with the
ADNR provisions.

3. General comments

1.7.
So far agreements have been drawn up in the
ECE on international rail and road transport. By means
of directives, the EU has ensured that these international

3.1.
The Committee welcomes the Commission’s
proposals. The highest current safety standards, namely
the ADNR, should also be applied, by means of the

C 157/16

EN

Official Journal of the European Communities

25.5.98

ADN (to be completed), to both international and
national inland waterway transport in Europe.

time-limited measures immediately pending the com-
pletion of the Article 5(3) procedure.

3.2.
In 1997 the main technical provisions of the
ADNR were incorporated in the ‘European Provisions
concerning the International Carriage of Dangerous
Goods by Inland Waterway (ADN)’ and published.
What remains is to conclude the overall agreement as
soon as possible.

3.3.
Although the final version of the agreement has
not yet been announced in all its details, and hence there
would be some risk in the directive referring to this
agreement, the Commission’s prompt action is to be
welcomed.

3.3.1.

The main risks are:

— that the ADN transitional provisions could fall
slightly short of the ADNR provisions on account
of the negotiating situation with the applicant and
third countries;

— a watering down of the requirements imposed on
the recognized classification societies (inspection
authorities).

The Committee is concerned that if the ADN
3.4.
and ADNR do not tally, two different sets of rules could
apply simultaneously to national transport operations:
the ADN (in accordance with the directive) for inland
waterway vessels whose route does not include the
Rhine; the ADNR for inland waterway vessels carrying
goods on national inland waterways via the Rhine.

3.5.
Article 5(3) of the proposed directive stipulates
that, in the event of an accident, a Member State shall
notify the Commission before any measures are taken
and await its decision.

4. Specific comments

4.1.
The Committee calls on the Commission to
continue trying to persuade the Member States to
expedite the negotiations on the ADN agreement in the
joint ECE-UN/CCNR working party set up in 1995 so
that the framework agreement can be finished in 1998 if
possible.

4.2.
In the interests of a rapid harmonization of the
ADN provisions at a high level, the Committee supports
the Commission’s efforts to accede to the ADN. Its
intention should not be to replace the Member States.

4.3.
In order to implement the provisions as quickly
as possible in the CEEC, the Committee recommends
that in the bilateral negotiations with the applicant
countries the EU bodies urge ratification of the ADN
before accession.

4.4.
In this connection the Committee would point
out that the ADNR clashes with the EU’s VOC direc-
tive (1), the implementation of which is still causing
considerable problems for inland shipping because it
deviates from the ADNR.

4.4.1.
In some Member States the emptying of tank
residues is no longer permitted en route, but is still not
possible at potential waste disposal points. This gives
rise to additional high waste disposal costs for inland
shipping.

The Committee fears that such difficulties in
4.4.2.
implementation could lead to a switch from safe and
environmentally friendly transport on inland waterways
to road or rail.

The Committee considers that if the case is urgent the
Member State should be able to take temporary and

(1) OJ L 365, 31.12.1994, pp. 24-33).

Brussels, 25 March 1998.

The President

of the Economic and Social Committee

Tom JENKINS