Amended proposal for a Council Directive on the harmonisation of examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland waterways
Date: 1998-12-23
Institutions: European Commission
Subjects: admission to examinations, approximation of laws, transport of dangerous goods, transport safety, vocational training

C  52/16

EN

Official  Journal  of  the  European  Communities

23.2.1999

Amended  proposal  for  a  Council  Directive  on  the  harmonisation  of  examination  requirements
for  safety  advisers  for  the  transport  of  dangerous  goods  by  road,  rail  or  inland  waterways(cid:216)(˛)

(1999/C  52/11)

(Text  with  EEA  relevance)

COM(1998)  803  final  -  98/0106(SYN)

(Submitted  by  the  Commission  pursuant  to  Article  189a(2)  of  the  EC  Treaty  on  23  December
1998)

(˛)(cid:217)OJ  C  148,  14.5.1998,  p.  21.

ORIGINAL  TEXT

AMENDED  TEXT

(Amendment  1)

Article  1(2)

Member  States  shall  take  all  necessary  and  appropriate
measures  to  ensure  that  safety  advisers  are  examined  in
the
conformity  with 
present  Directive.

the  requirements  provided  by 

Member  States  shall  take  all  necessary  and  appropriate
measures  to  ensure  that  safety  advisers  for  the  transport
of  dangerous  goods  are  examined  in  conformity  at  least
with  the  requirements  provided  by  the  present  Directive.

(Amendment  2)

Article  3(2)

In  the  examination,  the  candidates  shall  demonstrate  that
they  have  sufficient  knowledge  to  be  awarded  the
vocational  certificate.

In  the  examination,  the  candidates  shall  demonstrate  that
they  have  sufficient  knowledge  to  be  capable  of  fulfilling
the  tasks  of  an  adviser  in  an  undertaking  whose  activity
includes  the  transport  of  dangerous  goods  or  the  loading
and  unloading  connected  with  such  transport.

(Amendment  4)

Article  3(4)

The  examination  shall  take  the  form  of  a  written  exam(cid:220)
ination.

The  examination  shall  take  the  form  of  a  written  exam(cid:220)
ination,  but  may  be  supplemented  by  an  oral  element.

(Amendment  5)

Article  3(5)(a)

(a)(cid:217)Each  candidate  shall  be  asked  questions  on  the
subject  matters  covered  by  Annex  II  of  Directive
96/35/EC  as  follows:

(a)(cid:217)Questions  shall  be  set  on  the  subject  matters  listed  in
Annex  II  of  Directive  96/35/EC,  the  requirements
being  as  follows:

1.(cid:217)Three  questions  on  each  subject  listed  below:

1.(cid:217)At  least  three  questions  on  each  subject  listed

below:

-(cid:217)General  preventative  and  safety  measures,

-(cid:217)General  preventative  and  safety  measures,

23.2.1999

EN

Official  Journal  of  the  European  Communities

C  52/17

ORIGINAL  TEXT

AMENDED  TEXT

-(cid:217)The  classification  of  dangerous  goods,

-(cid:217)The  classification  of  dangerous  goods,

-(cid:217)General  packaging  requirements,  to 

include

tankers,  tank(cid:220)containers,  tank(cid:220)wagons,  etc.,

-(cid:217)General  packaging  requirements,  to 

include

tankers,  tank(cid:220)containers,  tank(cid:220)wagons,  etc.,

-(cid:217)Danger  markings  and  labels,

-(cid:217)Danger  markings  and  labels,

-(cid:217)References  in  transport  documents,

-(cid:217)References  in  transport  documents,

-(cid:217)Handling  and  stowage,

-(cid:217)Handling  and  stowage,

-(cid:217)Crews:  vocational  training,

-(cid:217)Crews:  vocational  training,

-(cid:217)Vehicle  papers,  means  of  transport  certificates,

-(cid:217)Vehicle  papers,  means  of  transport  certificates,

-(cid:217)Safety  instructions,

-(cid:217)Safety  instructions,

-(cid:217)Requirements  relating  to  transport  equipment.

-(cid:217)Requirements  relating  to  transport  equipment.

2.(cid:217)Two  questions  on  each  subject  listed  below:

2.(cid:217)At 

least  two  questions  on  each  subject 

listed

below:

-(cid:217)The  method  of  consignment  and  restrictions

-(cid:217)The  method  of  consignment  and  restrictions

on  dispatch,

on  dispatch,

-(cid:217)Prohibitions  and  precautions  relating  to  mixed

-(cid:217)Prohibitions  and  precautions  relating  to  mixed

loading,

loading,

-(cid:217)The  segregation  of  substances,

-(cid:217)The  segregation  of  substances,

-(cid:217)Limits  on  the  quantities  carried  and  exempted

-(cid:217)Limits  on  the  quantities  carried  and  exempted

quantities,

quantities,

-(cid:217)Cleaning  and/or  degassing  before  loading  and

-(cid:217)Cleaning  and/or  degassing  before  loading  and

after  unloading,

after  unloading,

-(cid:217)Traffic  and/or  navigation  regulations  and

-(cid:217)Traffic  and/or  navigation  regulations  and

restrictions,

restrictions,

-(cid:217)Operational  and  accidental  discharges  of

-(cid:217)Operational  and  accidental  discharges  of

pollutants.

pollutants.

3.(cid:217)One  question  on  each  subject  listed  below:

3.(cid:217)At  least  one  question  on  each  subject  listed  below:

-(cid:217)The  transport  of  passengers,

-(cid:217)The  transport  of  passengers,

-(cid:217)Surveillance  of  obligations:  parking.

-(cid:217)Surveillance  of  obligations:  parking.

C  52/18

EN

Official  Journal  of  the  European  Communities

23.2.1999

ORIGINAL  TEXT

AMENDED  TEXT

(Amendment  7)

Article  4(1)

(gases),  Class  7 

1.(cid:218)(cid:217)Notwithstanding  Article  3  paragraph  5,  Member
States  may  provide  that  avisers  working  for  undertakings
as  defined  in  Article  2  whose  activities  are  concerned
only  with  specific  dangerous  goods,  namely  Class  1
(explosives),  Class  2 
(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.

1.(cid:218)(cid:217)Notwithstanding  Article  3  paragraph  5,  Member
States  may  provide  that  candidates  wishing  to  work  as
advisers  for  undertakings  as  defined  in  Article  2  whose
activities  are  concerned  only  with  specific  dangerous
goods  shall  be  tested,  in  accordance  with  Annex  II  of
Directive  96/35/EC  only  on  the  subject  matters  related
to  their  activities.

The  types  of  goods  concerned  are  as  follows:

-(cid:217)Class  1:  Explosives,

-(cid:217)Class  2:  Gases,

-(cid:217)Class  7:  Radioactive  material,

-(cid:217)Mineral  oil  products  (UN  Numbers  1202,  1203,

1223),

-(cid:217)Classes  3,  4,  5,  6,  8  and  9:  Solids  and  liquids.

The  EC  certificate  of  training  issued  in  acordance  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.

(Amendment  9)

Article  7

Member  States  shall  assist  one  another  in  the  implemen(cid:220)
tation  of  this  Directive  and  shall  exchange  information
on  the  catalogue  of  questions,  as  referred  to  in  Article  3
paragraph  3.

this  Directive  by 

Member  States  shall  assist  one  another  in  the  implemen(cid:220)
tation  of 
the
Commission,  at  regular  intervals,  on  the  catalogue  of
questions,  as  referred  to  in  Article  3  paragraph  3.  The
Commission  shall 
the  other  Member  States
thereof.

forwarding 

inform 

to 

(Amendment  10)

Article  9(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.

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
1999  and  shall  notify  any  subsequent  changes  as  soon  as
possible.