Opinion of the Commission pursuant to Article 251 (2) (c) of the EC Treaty, on the European Parliament's amendment to the Council's common position regarding the proposal for a directive of the European Parliament and of the Council on the harmonisation of examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland waterways, amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2000-02-29
Institutions: European Commission
Subjects: admission to examinations, approximation of laws, transport of dangerous goods, transport safety, vocational training

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 29.02.2000
COM(2000) 112 final

1998/0106 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2) (c) of the EC Treaty,
on the European Parliament's amendment
to the Council's common position regarding the
proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on the harmonisation of examination requirements for safety advisers for the transport
of dangerous goods by road, rail or inland waterways

AMENDING THE PROPOSAL OF THE COMMISSION
pursuant to Article 250 (2) of the EC Treaty

1998/0106 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2) (c) of the EC Treaty,
on the European Parliament's amendment
to the Council's common position regarding the
proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on the harmonisation of examination requirements for safety advisers for the transport
of dangerous goods by road, rail or inland waterways

1.

BACKGROUND

On 19 March 1998, the Commission submitted to the Council a proposal for a
Directive on the harmonisation of examination requirements for safety advisers for
the
inland waterways
(COM(1998)174 final – SYN 1998/0106)1.

of dangerous

transport

goods

road,

rail

by

or

On 9 September 1998, the Economic and Social Committee gave a favourable
opinion2.

On 20 October 1998, the European Parliament gave an opinion on the proposal at
first reading3.

On 23 December 1998, the Commission submitted an amended proposal to the
Council (COM(1998)803 final - SYN 1998/0106)4.

On 29 March 1999, the Council adopted a common position5.

On 15 July 1999, the Committee of the Regions decided not to draw up an opinion
on the proposal6.

On 18 January 2000,
position at second reading7.

the European Parliament decided to amend the common

2.

AIM OF THE COMMISSION'S PROPOSAL

The aim of this proposal
is to harmonise the laws of the Member States on
examination requirements for safety advisers for the transport of dangerous goods by
road, rail or inland waterways.

1

2

3

4

5

6

7

OJ C 148, 14.5.1998, p. 21.
OJ C 407, 28.12.1998, p. 118.
OJ C 341, 9.11.1998, p. 32.
OJ C 52, 23.2.1999, p. 16.
OJ C
Letter No 1295 of 22.7.1999, adressed to the Council's General Secretariat.
OJ C

2

Under Directive 96/35/EC, undertakings involved in the transport of dangerous
goods by road, rail or inland waterways, including loading or unloading connected
with such transport, must appoint one or more safety advisers to reduce the risks for
persons, goods and the environment.

The professional competence of safety advisers is to be ensured by special training
and approved by a certificate, after passing of an examination. The training
certification is to be recognized by all Member States. Directive 96/35/EC does not
contain any detailed provisions on the harmonization of examination requirements;
consequently, the aim of this proposal is to lay down minimum safety requirements
for examinations for safety advisers.

3.

COMMENTS ON PARLIAMENT'S AMENDMENT AT SECOND READING

3.1 General

The Commission takes the view that the only amendment made by Parliament to the
Council's common position is in line with the aims of its proposal.

3.2 Comments on the amendment

Amendment 1
Article 6(1)

1. Member States shall bring into
force the laws,
regulations and
administrative provisions necessary
to comply with this Directive by
31 December 1999 at
the latest.
They shall forthwith inform the
Commission thereof.

laws,

regulations

1. Member States shall bring into force
the
and
administrative provisions necessary to
comply with this Directive within
three months from its entry into force.
They shall
forthwith inform the
Commission thereof.

The Commission can accept this amendment, given that the date specified in the
common position is no longer applicable and the solution proposed by Parliament is
realistic.

4.

GENERAL CONCLUSIONS

The Commission considers that
Parliament's amendment at second reading, is in line with the aims of its proposal.

the Council's common position,

together with

Consequently,
common position by Parliament's amendment.

the Commission accepts the modification made to the Council's

3