Opinion of the Economic and Social Committee on the 'Proposal for a Directive of the European Parliament and of the Council amending Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail'
Date: 1999-09-22
Institutions: European Economic and Social Committee
Subjects: approximation of laws, intra-EU transport, rail transport, transport of dangerous goods, transport safety

17.11.1999

EN

Official Journal of the European Communities

C 329/11

4. Specific comments

4.2.
In its assessment of the ‘current situation’ the proposal
states that this directive should have come into force on
1 January 1999.

As this has not happened to date, national

4.3.
continues to apply.

law

4.1.
Article 6(9) of the proposed directive bans discrimi-
nation in relation to the derogation for ‘local transport’. The
Committee would call for a matching ban in relation to the
derogation for ‘ad hoc transport operations’ under Article 6(11).

4.4.
The ESC understands the Commission’s initial position
of ‘wait and see’ when submitting a draft directive but feels
that the present proposal should be enacted in good time,
before the expiry of the transitional provisions.

Brussels, 22 September 1999.

The President

of the Economic and Social Committee

Beatrice RANGONI MACHIAVELLI

Opinion of the Economic and Social Committee on the ‘Proposal for a Directive of the European
Parliament and of the Council amending Directive 96/49/EC on the approximation of the laws of
the Member States with regard to the transport of dangerous goods by rail’ (1)

(1999/C 329/04)

On 7 June 1999 the Council decided to consult the Economic and Social Committee, under Article 71(1)(c)
of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Transport, Energy, Infrastructure and the Information Society, which was responsible for
preparing the Committee’s work on the subject, adopted its opinion on 20 July 1999. The rapporteur
was Mr Giesecke.

At its 366th plenary session on 22 and 23 September 1999 (meeting of 22 September) the Economic
and Social Committee adopted the following opinion by 110 votes to 0 with 2 abstentions.

1.

Introduction

1.1.
The general public in all Member States of the European
Union takes a great interest in the transport of dangerous
goods and measures relating to such transport.

The present proposal is intended to ensure quality and

1.2.
safety standards in the carriage of dangerous goods by rail.

It refers to Directive 96/49/EC, which to date has not

1.3.
been incorporated completely into national laws.

The key problem is that EU standards on tanks and
1.4.
receptacles for transporting dangerous goods in class 2 (gases)
by the European Committee for Standardisation (CEN) have
not be brought into force as ordered in accordance with
Directive 96/49/EC.

(1) OJ C 181 of 26.6.1999, p. 25.

1.5.
These gases are transported by rail packed in such
things as cigarette lighters, aerosols, camping stoves, or as fuel
for private homes or industrial use.

In all Member States over the past 80 years or so there
1.6.
have been various provisions in industrial law and transport
law concerning the packing and transporting of class 2 gases.

These national laws can be very different simply on
1.7.
technical grounds, especially for climatic reasons (e.g.
in
Finland or Greece). So, a common European standard is
necessary.

1.8.
Governments and professional organisations in each
Member State are affected by this standardisation. So, in each
Member State there is a considerable need for a meeting of the
minds.

C 329/12

EN

Official Journal of the European Communities

17.11.1999

1.9.
Common ground must be found between proposals
from national and EU-level associations, although interests
differ very considerably. However, for the ESC it is not entirely
unexpected that no CEN standard has yet been agreed, even
though safety and environmental considerations require one.

3.3.
As low standards are also a possibility however, the
Committee would ask the Commission to clarify what it
understands by ‘local transport’. Under no circumstances must
the meaning of this term be broadened to cover large stretches
of a distribution area.

2. The Commission’s proposal

2.1.
The Commission wants to extend the deadlines set in
Directive 96/49/EC, for the reasons given in the introduction.

2.2.
It proposes deadlines itself or, because of the com-
plexities involved, refers some extensions to the ‘Adaptation
Committee’, in accordance with Article 9.

An additional proposal lays down that ‘ad hoc con-
2.3.
ditions’ may continue to apply to the carriage of dangerous
goods within the territory of a single state.

3. General comments

In view of various occurrences in the past, the ESC
3.4.
impose the
the governments responsible will
trusts that
strictest standards when granting derogations for ‘ad hoc
transport operations’.

4. Specific comments

4.1.
Article 6(9) of the proposed directive bans discrimi-
nation in relation to the derogation for ‘local transport’. The
Committee would call for a matching ban in relation to the
derogation for ‘ad hoc transport operations’ under Article 6(11).

4.2.
In its assessment of the ‘current situation’ the proposal
states that this directive should have come into force on
1 January 1999.

The Commission’s proposal is appropriate and wel-

3.1.
comed, for the reasons given above.

As this has not happened to date, national

4.3.
continues to apply.

law

3.2.
The ESC recommends that individual Member States
be allowed to apply stricter standards than the RID for local
transport operations. This is also conducive to equality of
opportunity for road hauliers.

4.4.
The ESC understands the Commission’s initial position
of ‘wait and see’ when submitting a draft directive but feels
that the present proposal should be enacted in good time,
before the expiry of the transitional provisions.

Brussels, 22 September 1999.

The President

of the Economic and Social Committee

Beatrice RANGONI MACHIAVELLI