Legislative resolution embodying Parliament's opinion 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 (COM(97)0367 C4-0449/97 97/0193(SYN))(Cooperation procedure: first reading)
Date: 1998-12-18
Institutions: Committee on Transport and Tourism, European Parliament
Subjects: approximation of laws, free movement of capital, inland waterway transport, transport of dangerous goods, transport safety













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51998AP0435

Legislative resolution embodying Parliament's opinion 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 (COM(97)0367 C4-0449/97 97/0193(SYN))(Cooperation procedure: first reading)  


Official Journal C 098 , 09/04/1999 P. 0486 





A4-0435/98Proposal 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 (COM(97)0367 - C4-0449/97 - 97/0193(SYN))The proposal was approved with the following amendments:(Amendment 1)Recital 3a (new)>Original text>>Text following EP vote>Whereas creating Community-wide rules for the transport of dangerous goods on EU inland waterways by using the existing ADN Recommendation as a basis for harmonisation is not a satisfactory solution and moreover calls into question the unification of laws that has been achieved; whereas a coherent and practical set of EU rules for the transport of dangerous goods on inland waterways can be drawn up only on the basis of a new ADN agreement with official legal status, which has as far as possible aligned the safety standards in its technical annexes on those of the existing ADNR Regulation,(Amendment 2)Recital 12>Original text>Whereas the transport of dangerous goods by inland waterway to or from a third country is authorised, provided it is carried out in accordance with the requirements of the ADN;>Text following EP vote>Whereas the transport of dangerous goods by inland waterway to or from a third country is authorised, provided it is carried out in accordance with the requirements of theADNR for a transitional period until the new ADN Agreement officially takes effect;(Amendment 3)Recital 13>Original text>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,>Text following EP vote>Whereasduring the transitional period it must be possible to adapt the Annexes to this Directive rapidly to scientific and technical progress, notably by adoption of new provisions laid down in the ADNR; whereas the Committee created by Article 9 of Directive 94/55/EC should subsequently be used for this purpose, and whereas a new directive should be used for the adoption of the new provisions laid down in a future ADN Agreement,(Amendment 4)Article 2, 1st indent>Original text>- '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;>Text following EP vote>Deleted(Amendment 5)Article 2, 2nd indent>Original text>- 'ADNR' shall mean the Regulation on the Transport of Dangerous Goods on the Rhine as in force at 1. January 1997;>Text following EP vote>-'ADNR agreement' shall mean the Regulation on the Transport of Dangerous Goods on the Rhine as revised by the forthcoming international agreement;(Amendment 6)Article 5(3)>Original text>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.>Text following EP vote>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 take any measure immediately required and shall notify the Commission without delay; in all other cases, 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.(Amendment 7)Article 8>Original text>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.>Text following EP vote>During the transitional period preceding the official entry into force of the new ADN Agreement, the amendments necessary to adapt the Annexes to this Directive to scientific and technical progress in the fields covered by it shall be adopted after the ADNR has made amendments and in accordance with the procedure laid down in Article 9. The new provisions concerning the transport of dangerous goods by inland waterway laid down in a future ADN Agreement shall be adopted by a new Directive.(Amendment 8)Annexes>Original text>>Text following EP vote>The existing annexes to be replaced by ADNR annexesLegislative resolution embodying Parliament's opinion 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 (COM(97)0367 - C4-0449/97 - 97/0193(SYN))(Cooperation procedure: first reading)The European Parliament,- having regard to the Commission proposal to the Council, COM(97)0367 - 97/0193(SYN) ((OJ C 267, 3.9.1997, p. 96.)),- having been consulted by the Council pursuant to Article 189c and 75(1) of the EC Treaty (C4-0449/97),- having regard to Rule 58 of its Rules of Procedure,- having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on the Environment, Public Health and Consumer Protection (A4-0435/98),1. Approves the Commission proposal, subject to Parliament's amendments;2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;4. Calls for the conciliation procedure to be opened should the Council intend to depart from the text approved by Parliament;5. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;6. Instructs its President to forward this opinion to the Council and Commission.