Proposal for a Directive of the European Parliament and of the Council amending Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road
Date: 2000-02-28
Institutions: European Commission
Subjects: approximation of laws, road transport, safety standard, transport of dangerous goods, transport regulations

C 177 E/96

EN

Official Journal of the European Communities

27.6.2000

Proposal for a directive of the European Parliament and of the Council amending Directive
95/50/EC on uniform procedures for checks on the transport of dangerous goods by road

(2000/C 177 E/17)

(Text with EEA relevance)

COM(2000) 106 final (cid:151) 2000/0044(COD)

(Submitted by the Commission on 28 Februar 2000)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF
THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 71 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of
Committee,

the Economic and Social

(6) Annex I to Directive 95/50/EC should be amended in order
to take into account Commission Directive 1999/47/EC of
21 May 1999 adapting for the second time to technical
progress Council Directive 94/55/EC on the approximation
of
the Member States with regard to the
transport of dangerous goods by road (4).

the laws of

(7) Directive

95/50/EC

should

therefore

be

amended

accordingly,

Having regard to the opinion of the Committee of the Regions,

HAVE ADOPTED THIS DIRECTIVE:

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

Article 1

Directive 95/50/EC is hereby amended as follows:

Whereas:

(1) Council Directive 94/55/EC of 21 November 1994 on the
the Member States with
approximation of
regard to the transport of dangerous goods by road (1)
laid down uniform rules
transportation of
dangerous goods in the Community.

the laws of

the

for

(2) The Annexes to Council Directive 95/50/EC of 6 October
1995 on uniform procedures for checks on the transport of
dangerous goods by road (2) are related to the Annexes to
Directive 94/55/EC. Adaptation to scientific and technical
progress of Annexes to Directive 94/55/EC may have an
effect on the Annexes to Directive 95/50/EC.

(3) Adaptation to scientific and technical progress of Annexes
to Directive 94/55/EC is made using a Committee
procedure.

(4) It must be possible to adapt

the Annexes to Directive
95/50/EC rapidly to scientific and technical progress. For
that purpose, also for this Directive, a Committee should
be set up.

(5) Since the measures necessary for the implementation of
this Directive are measures of general scope within the
meaning of Article 2 of Council Decision 1999/468/EC
of 28 June 1999 laying down the procedures for the
exercise of
conferred on the
Commission (3), they should be adopted by use of the regu-
latory procedure provided for in Article 5 of that Decision.

implementing powers

1. The following Articles shall be inserted:

(cid:145)Article 9a

The amendments necessary to adapt
to
scientific and technical progress in the fields covered by
this Directive, in particular to take account of amendments
to Directive 94/55/EC, shall be adopted in accordance with
the procedure laid down in Article 9b.

the Annexes

Article 9b

The Commission shall be assisted by the committee on
1.
the transport of dangerous goods instituted by Article 9 of
Directive 94/55/EC (5), composed of representatives of the
Member States and chaired by the representative of
the
Commission.

2. Where reference is made to this paragraph, the regu-
latory procedure laid down in Article 5 of Decision
1999/468/EC shall apply, in compliance with Article 7 (3)
and Article 8 thereof.

The period provided for in Article 5(6) of Decision

3.
1999/468/EC shall be three months.(cid:146)

2. Annex I is amended as follows:

(a) In item 13 (cid:145)Gross mass of dangerous goods by transport
unit(cid:146) shall be replaced by (cid:145)Total quantity of dangerous
goods per transport unit(cid:146);

(1) OJ L 319, 12.12.1994, p. 7.
(2) OJ L 249, 17.10.1995, p. 35.
(3) OJ L 184, 17.7.1999, p. 23.

(4) OJ L 169, 5.7.1999, p. 1.
(5) OJ L 319, 12.12.1994, p. 7.

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Official Journal of the European Communities

C 177 E/97

(b) In item 15 (cid:145)battery of receptacles(cid:146) shall be replaced by

(cid:145)battery vehicle(cid:146);

(c) In item 32 (cid:145)Tool set

for temporary repairs(cid:146) shall be
replaced by (cid:145)One handlamp for each member of the
vehicle crew(cid:146);

(d) In item 34 (cid:145)Two orange-coloured lights(cid:146) shall be replaced

by (cid:145)Two self-standing warning signs(cid:146);

(e) In item 36 (cid:145)Driver’s personal protective equipment(cid:146) shall
be replaced by (cid:145)A suitable warning vest or warning
clothing for each member of the vehicle crew(cid:146).

Article 2

When Member States adopt those measures they shall contain
a reference to this Directive or be accompanied by such
reference on the occasion of
their official publication.
Member States shall determine how such reference is to be
made.

2. Member States shall communicate to the Commission the
texts of the essential provisions of national
law which they
adopt in the field governed by this Directive.

Article 3

This Directive shall enter into force on the day of its publi-
cation in the Official Journal of the European Communities.

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive no later than . . . (1). They shall
forthwith inform
the Commission thereof.

Article 4

This Directive is addressed to the Member States.

(1) 6 months from the date of entry into force of this Directive.