Amended proposal for a Directive of the European Parliament and of the Council on the approximation of the laws of the Member States with regard to the transport of dangerous goods by vessels on inland waterways - (Text with EEA relevance)
Date: 1999-11-24
Institutions: European Commission
Subjects: approximation of laws, free movement of goods, inland waterway, inland waterway transport, transport of dangerous goods

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Official Journal of the European Communities

30.5.2000

Amended proposal for a Directive of the European Parliament and of the Council on the approxi-
mation of the laws of the Member States with regard to the transport of dangerous goods by
vessels on inland waterways (1)

(2000/C 150 E/02)

(Text with EEA relevance)

COM(1999) 563 final (cid:151) 97/0193(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 25 November 1999)

(1) OJ C 267, 3.9.1997.

The proposal made by the Commission in COM(97) 367 final (cid:151) 97/0193(SYN) is hereby amended as
follows:

INITIAL PROPOSAL

AMENDED PROPOSAL

THE COUNCIL OF THE EUROPEAN UNION,

THE EUROPEAN PARLIAMENT AND 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 Treaty establishing the European
Community, and in particular Article 71(1)(c) thereof,

Having regard to the proposal from the Commission (1),

Unchanged

Having regard to the opinion of
Committee (2),

the Economic and Social

Acting in co-operation with the European Parliament
in
accordance with the procedure laid down in Article 189c of
the Treaty,

Acting in accordance with the procedure referred to in Article
251 of the Treaty, (4),

Having regard to the opinion of
Regions (3),

the Comitttee of

the

vessels on inland waterways has

(1) Whereas in recent years the transport of dangerous goods
by
considerably
expanded, thus increasing the risks of accidents occurring;
whereas measures must therefore be taken to ensure that
such transport
is carried out under the best possible
conditions of safety;

of

by

goods

dangerous

the Recommendation concerning the inter-
(2) Whereas
national
inland
carriage
waterway (ADN) sets down uniform rules for the safe
international transport of dangerous goods by vessels on
inland waterways, which are in line with the Regulation
on the Transport of Dangerous goods on the Rhine
(ADNR); whereas it is consequently desirable that such
rules should be extended in scope to national traffic in
order to harmonise across the Community the conditions
under which dangerous goods are carried by vessels on
inland waterways;

(2) Whereas

for

the Agreement concerning the international
carriage of dangerous goods by inland waterway (ADN)
sets down uniform rules
the safe international
transport of dangerous goods by vessels on inland
waterways, which are in line with the Regulation on the
Transport of Dangerous goods on the Rhine (ADNR);
whereas
such rules
is consequently desirable that
should be extended in scope to national traffic in order
to harmonise across the Community the conditions under
which dangerous goods are carried by vessels on inland
waterways;

it

___________
(1) OJ C 267, 3.9.1997, p. 96.
(2) OJ C 157, 25.5.1998, p. 15.

___________
(3) OJ . . .
(4) OJ C 98, 9.4.1999, p. 486.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(3) Whereas this Directive aims to align national and inter-
national rules, parallel to Council Directives 94/55/EC (1)
and 96/49/EC (2) for the transport of dangerous goods by
road and rail, as a further harmonisation measure to
improve
competition
conditions and to facilitate transport operations; whereas
this Directive will meet also the Council’s request on
training requirements for the crews of inland waterway
vessels transporting dangerous goods;

to harmonise

transport

safety,

(5) Whereas, in compliance with the principle of subsidiarity,
these laws must be approximated in order to ensure a
safety for national and international
high level of
to guarantee the elimination of
transport operations,
free
distortions of
facilitating
movement of
the
Community and to ensure consistency with the other
Community provisions;

competition by
goods

the
throughout

and services

Unchanged

(4) 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 harmon-
isation 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;

Unchanged

(6) Whereas the provisions of

to the

commitment

this Directive are without
entered into by the
prejudice
in accordance with
Community and its Member States,
the goals set under Agenda 21, Chapter 19, at
the
UNCED Conference in June 1992 in Rio de Janeiro, to
strive for the future harmonisation of systems for the
classification of dangerous substances;

(7) Whereas no specific Community legislation currently
governs the safety conditions under which biological
regulated
agents and genetically modified organisms,
under Directives 90/219/EEC (3), 90/220/EEC (4)
and
90/676/EEC (5) should be transported by inland waterway;

(8) Whereas the provisions of

this Directive are without
prejudice
application of other Community
provisions in the field of worker safety and environmental
protection;

to the

___________
(1) OJ L 319, 12.12.1994, p. 7. Dir. amended by Commission Directive

96/86/EC (OJ L 335, 24.12.1996, p. 43).

(2) OJ L 235, 17.9.1996, p. 25. Dir. amended by Commission Directive

96/87/EC (OJ L 335, 24.12.1996, p. 45).

(3) OJ L 117, 8.5.1990, p. 1.
(4) OJ L 117, 8.5.1990, p. 15.
(5) OJ L 374, 31.12.1990, p. 1.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(9) Whereas the Member States remain free to regulate any
operation for the transport of dangerous goods by vessels
on inland waterways not covered by this Directive;

(10) Whereas each Member State must retain the right

to
than
strictly for
regulate or prohibit,
safety, the national transport of certain dangerous goods
by inland waterways;

reasons other

(11) Whereas the Member States remain free to derogate from
the technical Annexes to this Directive with regard to
ferry operations undertaken solely for the purpose of
crossing an inland waterway or a harbour area in order
to take into account the local character and the wide
range of different types of ferry boats;

(12) Whereas the introduction of new developments in tech-
nology and industry must not be hindered; whereas
temporary derogations
that
purpose;

should be provided for

(13) Whereas the transport of dangerous goods by inland
from a third country is authorised,
in accordance with the

is carried out

waterway to or
provided it
requirements of the ADN;

(14) 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,

HAS ADOPTED THIS DIRECTIVE:

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

SCOPE, DEFINITIONS AND GENERAL PROVISIONS

Article 1

This Directive shall apply to the transport of dangerous
1.
goods by vessels on inland waterways within or between
Member States.

2. Member States may exempt from the application of all or
part of this Directive the transport of dangerous goods by
vessels operating on navigable waterways not
linked, by
inland waterway, to the waterways of other Member States.

3.
This Directive shall not apply to the transport of
dangerous goods on inland waterways by vessels belonging
to or under the responsibility of the armed forces.

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INITIAL PROPOSAL

AMENDED PROPOSAL

4.
Seagoing vessels operating on the inland waterways of
the Community designated in the
first paragraph shall
in
comply with the
marginal 120 100 to 120 295 of Annex B.1 of this Directive.

construction specifications

set out

4.
Seagoing vessels operating on the inland waterways of
the Community designated in the
first paragraph shall
in
comply with the
marginal 120 100 to 120 295 of Annex 1 of this Directive.

construction specifications

set out

This Directive shall not, however, affect a Member State’s
5.
right, with due regard to Community law, to maintain specific
safety requirements for the national or international transport
of dangerous goods by vessels, in so far as the Annexes hereto
do not cover that area, as regards,
inter alia regulations on
transport safety authorities including marine police.

5.

This Directive shall not, however, affect a Member State’s right,
with due regard to Community law, to maintain specific safety
requirements for the national or international
transport of
dangerous goods by vessels, in so far as the Annexes hereto
do not cover that area, as regards, inter alia:

(a) regulations on transport safety authorities including marine

police;

(b) requirements and execution of

inspections of vessels

carrying dangerous goods;

(c) requirements for ship inspecting bodies and classification

societies.

National provisions concerning (b) and (c) may not be
extended. The provisions in question shall cease to apply if
similar measures are made obligatory under Community law.

Article 2

For the purposes of this Directive:

(cid:151) (cid:145)ADN(cid:146) shall mean the technical Annexes to the Recommen-
dation concerning the International Carriage of Dangerous
Goods by Inland Waterways, concluded at Geneva, as
annexed hereto in their version of 1 January 1997;

(cid:151) (cid:145)ADN(cid:146) shall mean the Annexes to the European Agreement
concerning the International Carriage of Dangerous Goods
by Inland Waterways;

(cid:151) (cid:145)ADNR(cid:146): shall mean the Regulation on the Transport of
Dangerous Goods on the Rhine as in force at 1 January
1997.

(cid:151) (cid:145)ADNR(cid:146): shall mean the Regulation on the Transport of

Dangerous Goods on the Rhine.

(cid:151) (cid:145)dangerous goods(cid:146): shall mean those substances and articles
the transport of which is prohibited or authorised only on
certain conditions by the Annexes to this Directive;

Unchanged

(cid:151) (cid:145)transport(cid:146):

shall mean any operation involving the
transport of dangerous goods by vessels on inland
waterways, conducted between Member States or on the
inland waterways of a Member State,
including the
activities of
loading, unloading and transfer to or from
another mode of transport and the stops necessitated by
the circumstances of the transport, covered by the Annexes
to this Directive, without prejudice to the arrangements
laid down by the laws of the Member States concerning
liability in respect of such operations;

(cid:151) (cid:145)ferry operation(cid:146):

transport operation
undertaken solely for the purpose of crossing an inland
waterway or a harbour area.

shall mean a

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INITIAL PROPOSAL

Article 3

AMENDED PROPOSAL

to the provisions of Article 6,
1. Without prejudice
dangerous goods the transport of which is prohibited by the
provisions of the Annexes to this Directive may not be trans-
ported by vessels on inland waterways on the territory of a
Member State.

2.
Save as otherwise provided in this Directive and without
prejudice to the rules on market access for inland waterway
undertakings or to the rules applicable to the transport of
goods by vessels on inland waterways,
the transport of
dangerous goods by vessels on inland waterways shall be auth-
orised subject to compliance with the conditions imposed in
the following provisions of:

2.
Save as otherwise provided in this Directive and without
prejudice to the rules on market access for inland waterway
undertakings or to the rules applicable to the transport of
goods by vessels on inland waterways,
the transport of
dangerous goods by vessels on inland waterways shall be auth-
orised subject to compliance with the following provisions of
Annex 1:

(cid:151) Provisions relating to dangerous substances and articles

(cid:151) Provisions relating to dangerous substances and articles;

(Annex A);

(cid:151) Provisions relating to the transport of dangerous goods in

(cid:151) Provisions relating to the transport of dangerous goods in

packagings or in bulk (Annex B.1);

packagings or in bulk;

(cid:151) Provisions relating to the transport of dangerous goods in

(cid:151) Provisions relating to the transport of dangerous goods in

tanks (Annex B.2).

tanks.

Article 4

1.
Vessels transporting dangerous goods on the waterways
referred to in Article 1(1) shall be issued with a Community
certificate in accordance with the procedure laid down in
marginal 10 282 of Annex B.1 and marginal 210 282 of
Annex B.2. A Community certificate issued by the competent
authority of a Member State shall attest that the vessel has been
inspected and that its construction and equipment comply with
the applicable provisions of the Annexes A, B.1 and B.2. The
certificate shall be carried on board the vessel.

1.
Vessels transporting dangerous goods on the waterways
referred to in Article 1(1) shall be issued with a Community
certificate in accordance with the procedure laid down in
marginals 10 828 and 210 282 of Annex 1. A Community
certificate issued by the competent authority of a Member
State shall attest that the vessel has been inspected and that
its construction and equipment comply with the applicable
provisions of the Annexes 1 and 2. The certificate shall be
carried on board the vessel.

Notwithstanding paragraph 1 all vessels carrying a
2.
certificate granted according to the Regulation on the
Transport of Dangerous Goods on the Rhine (ADNR) as in
force at 1 January 1997 may carry dangerous goods over the
entire Community territory under the conditions specified in
this certificate.

Unchanged

3.
Each Member State shall establish a list of bodies auth-
orised to carry out inspections in accordance with marginal
10 282 of Annex B.1 and marginal 210 282 of Annex B.2,
which it shall communicate to the Commission and to the
other Member States. Annex C contains
the
recognised classification societies.

the list of

3.
Each Member State shall establish a list of bodies auth-
orised to carry out inspections in accordance with marginals
10 282 and 210 282 of Annex 1, which it shall communicate
to the Commission and to the other Member States. Annex 2
contains the list of the recognised classification societies.

4.
A certificate issued by the competent authority of a
Member State under paragraph (1) shall be recognised by all
other Member States.

Unchanged

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INITIAL PROPOSAL

AMENDED PROPOSAL

CHAPTER II

DEROGATIONS, RESTRICTIONS AND EXEMPTIONS

Article 5

1. Without prejudice to other Community provisions, each
Member State shall retain the right to regulate or prohibit,
strictly for reasons other than safety during transport, with
regard in particular
to national security or environmental
protection,
the transport of certain dangerous goods on
inland waterways within its territory.

2.
The use within the territory of a Member State of vessels
carrying a valid certificate for the transport of dangerous goods
issued according to the national law of that Member State may
be authorised by that Member State until the date of expiry of
such valid certificate.

to limit

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
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 auth-
the duration thereof. The
orised and shall determine
Commission may
to the present
amend the Annexes
Directive in accordance with the procedure set out in Article 9.

to limit

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
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 auth-
the duration thereof. The
orised and shall determine
to the present
amend the Annexes
Commission may
Directive in accordance with the procedure set out in Article 9.

4. Member States may maintain all national provisions
applicable on 31 December 1998 pertaining to the transport
and packaging of substances containing dioxins or furans, until
equivalent provisions are incorporated in the Annexes to this
Directive. These provisions may not be extended or made more
stringent. The Member States shall communicate these national
provisions to the Commission, which shall inform the other
Member States accordingly.

Unchanged

5.
A Member State may adopt within its territory national
provisions relating to ferry operations which differ from the
provisions of the Annexes to this Directive. These derogations
must be registered on the ferry’s technical certificate.

Article 6

1.
Each Member State may authorise the transport by vessels
on inland waterways on its territory of dangerous goods
classified, packed and labelled in accordance with international
requirements for maritime or land transport whenever the
transport operation also involves a sea or land voyage.

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INITIAL PROPOSAL

AMENDED PROPOSAL

the Annexes

The provisions of

2.
to this Directive
concerning the use of languages in relevant marking or docu-
mentation shall not apply to transport operations confined on
inland waterways on the territory of a single Member State. A
Member State may authorise the use of languages other than
those provided for in the Annexes for transport operations
performed exclusively on inland waterways within its territory.

A Member State may, after consulting the Commission,
3.
authorise within its
transport operations
territory ad hoc
involving dangerous goods or transport operations which are
prohibited by the Annexes or transport operations performed
from those laid down in the
under conditions different
Annexes provided that national requirements of safety level
are respected and tightly controlled under clearly specified
conditions.

Article 7

1.
Subject to national or Community provisions on market
access, the transport of dangerous goods by vessels on inland
waterways between Community territory and third countries
it complies with the
shall be authorised in so far as
requirements of
to this Directive. However,
where the Community has concluded agreements with third
countries which cover the transport of dangerous goods by
inland waterway,
these agreements shall
apply.

the provisions of

the Annexes

2. Member States shall waive the requirements for a special
ship inspection of vessels registered in third countries,
if a
certificate has been issued by a recognised classification
society according to Annex C establishing that the construction
and equipment of
the vessel corresponds to the applicable
provisions of the Annexes A, B.1 and B.2.

2. Member States shall waive the requirements for a special
ship inspection of vessels registered in third countries,
if a
certificate has been issued by a recognised classification
society according to Annex 2 establishing that the construction
and equipment of
the vessel corresponds to the applicable
provisions of Annex 1.

CHAPITER III

FINAL PROVISIONS

Article 8

The amendments necessary to adapt the Annexes A and B 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.

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
to take
provisions in the ADN, and, as regards Annex 1,
account of amendments to corresponding provisions in the
ADNR, shall be adopted in accordance with the procedure
laid down in Article 9.

Article 9

Unchanged

1.
The Commission shall be assisted by the Committee on
the Transport of Dangerous Goods established under Article 9
of Directive 94/55/EC (1), hereinafter
(cid:145)the
Committee(cid:146).

referred to as

___________
(1) OJ L 319, 12.12.1994, p. 7.

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INITIAL PROPOSAL

AMENDED PROPOSAL

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.

3.
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
inform the
the manner in which its opinion has been

4.
opinion delivered by the Committee.
Committee of
taken into account.

shall

It

Article 10

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive before 1 January 1999. They shall forthwith inform
the Commission thereof. They shall apply such laws, regu-
lations and administrative provisions from 1 January 1999.

When Member States adopt these measures, they shall contain
a reference to this Directive or shall be accompanied by such
reference on the occasion of
their official publication. The
methods of making such reference shall be laid down by
Member States.

2. 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
to this
breaching the national provisions adopted pursuant
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 the day specified in paragraph 1 and shall notify any
subsequent changes as soon as possible.

Article 11

This Directive shall enter into force on the 20th day following
that of its publication in the Official Journal of
the European
Communities.

Article 12

This Directive is addressed to the Member States.

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INITIAL PROPOSAL

ANNEX A

AMENDED PROPOSAL

ANNEXES

The Annex incorporates marginals 0 001 to 6 999 of Annex A to the
Recommendation concerning the International Carriage of Dangerous
Goods by Inland Waterways (ADN), as effective on 1 January 1997
(cid:145)Member State(cid:146) being substituted for (cid:145)Contracting Party(cid:146).

The Annexes incorporate Annexes 1, 2, 3 and 4 to the European
International Carriage of Dangerous
Agreement
Goods by Inland Waterway (ADN),
(cid:145)Member State(cid:146) being substituted
for (cid:145)Contracting Party(cid:146).

concerning the

NB: Versions in all the official languages of the Community will be
is available in all

published as soon as a consolidated text
languages.

Unchanged

ANNEXES B.1 AND B.2

Deleted

The Annexes incorporate marginals 10 000 to 331 999 of Annexes B.1
and B.2 to the Recommendation concerning the International Carriage
of Dangerous Goods by Inland Waterways (ADN), as effective on 1
January 1997, (cid:145)Member State(cid:146) being substituted for (cid:145)Contracting Party(cid:146).

NB: Versions in all the official languages of the Community will be
is available in all

published as soon as a consolidated text
languages.

ANNEX C

Deleted

List of recognised classification societies

1. Germanischer Lloyd

2. Bureau Veritas

3. Lloyd’s Register of Shipping