Directive 2000/18/EC of the European Parliament and of the Council of 17 April 2000 on minimum examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland waterway
Date: 2000-04-17
Institutions: Council of the European Union, European Parliament
Subjects: examination, inland waterway transport, land transport, self-employed person, transport of dangerous goods, transport safety

19.5.2000

EN

Official Journal of the European Communities

L 118/41

DIRECTIVE 2000/18/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 17 April 2000

on minimum examination requirements for safety advisers for the transport of dangerous goods by
road, rail or inland waterway

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 proposal from the Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

After consulting the Committee of the Regions,

Acting in accordance with the procedure referred to in Article
251 of the Treaty (3),

(1) Whereas the improvement of transport safety and the
protection of
the environment, especially within the
context of the transport of dangerous goods by road, rail
and inland waterway, are important issues, as is also the
human element in the safe operation of these modes of
transport.

(2) Whereas under the terms of Council Directive 96/35/EC
of 3 June 1996 on the appointment and vocational
qualification of safety advisers for the transport of
dangerous goods by road, rail and inland waterway (4),
all undertakings the activities of which include the trans-
port of dangerous goods, as well as the loading or
unloading related to that type of transport, are obliged
to appoint one or more safety advisers. The said
Directive does not contain any detailed provisions aimed
at the harmonisation of examination requirements for
safety advisers or any provisions applicable to exam-
ination bodies.

(3) Whereas Member States should set up a common
minimum framework for the examination of safety
advisers and the conditions for the examination bodies
in order to guarantee a certain level of quality and to
facilitate the mutual recognition of EC certificates of
training.

(4) Whereas the examination of safety advisers will as a
minimum include a written test consisting of questions
relating at least to the subjects listed in Annex II to
Directive 96/35/EC and a case study whereby the candi-
dates can demonstrate that they have the ability to carry
out the tasks of a safety adviser.

(1) OJ C 148, 14.5.1998, p. 21, and OJ C 52, 23.2.1999, p. 16.
(2) OJ C 407, 28.12.1998, p. 118.
(3) Opinion of the European Parliament of 20 October 1998 (OJ C
341, 9.11.1998, p. 29), confirmed on 16 September 1999, Council
Common Position of 29 March 1999 (OJ C 36, 8.2.2000, p. 1) and
Decision of the European Parliament of 18 January 2000 (not yet
published in the Official
Journal). Council Decision of 28 March
2000.

(4) OJ L 145, 19.6.1996, p. 10.

(5) Whereas Member States may provide that candidates
who intend to work for undertakings whose activities
are concerned only with specific dangerous goods will
be examined only on subject matters related to their
activities.
training
should clearly indicate the limits of its validity.

the EC certificate of

In this case,

(6) Whereas the examination organised by the examination
bodies will be subject to approval of the Member States'
competent authorities. Member States will define the
criteria applicable to examination bodies should be tech-
nically competent, reliable and independent.

(7) Whereas Member States should assist one another in the

implementation of this Directive,

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

Scope and definitions

Article 1

1.
This Directive lays down the minimum examination
requirements for the examination needed to obtain the EC
certificate of training as safety adviser for the transport of
dangerous goods provided for in Directive 96/35/EC.

2. Member States shall take all necessary measures to ensure
that safety advisers for the transport of dangerous goods are
examined in such a way that they satisfy these minimum
requirements.

Article 2

For the purposes of this Directive:

(a) ‘safety adviser for the transport of dangerous goods’, here-
inafter referred to as ‘adviser’, shall mean any person speci-
fied in Article 2(b) of Directive 96/35/EC;

(b) ‘dangerous goods’ shall mean goods defined in Article 2 of
Directive 94/55/EC (5) and Article 2 of Directive 96/
49/EC (6);

(5) Council Directive 94/55/EC of 21 November 1994 on the approxi-
mation of the laws of the Member States with regard to the trans-
port of dangerous goods by road (OJ L 319, 12.12.1994, p. 7).
Directive amended by Commission Directive 96/86/EC (OJ L 335,
24.12.1996, p. 43 and OJ L 251, 15.9.1997, p. 1).

the laws of

(6) Council Directive 96/49/EC of 23 July 1996 on the harmonisation
the Member States with regard to transport of
(OJ L 235, 17.9.1996, p. 25). Directive
335,

of
dangerous goods by rail
amended
24.12.1996, p. 45).

by Commission Directive

96/87/EC (OJ

L

L 118/42

EN

Official Journal of the European Communities

19.5.2000

(c) ‘undertaking’ shall mean the undertakings specified in

Article 2(a) of Directive 96/35/EC;

(d) ‘examination’ shall mean the examination specified in

Article 5(2) of Directive 96/35/EC;

(c) Member States may provide that candidates who intend
to work for undertakings specialised in the transport of
certain types of dangerous goods shall be tested,
in
accordance with Annex II of Directive 96/35/EC, only
on matters related to their activities.

(e) ‘examination body’ shall mean any body designated by the
competent authorities of the Member States to hold exami-
nations;

(f) ‘EC certificate’ shall mean the certificate established in
accordance with the model given in Annex III to Directive
96/35/EC.

CHAPTER II

Examinations

Article 3

1.
The competent authority or examining body shall orga-
nise a compulsory written examination which it may supple-
ment with an oral examination to check whether candidates
possess the necessary level of knowledge required to carry out
the tasks of adviser in order to obtain the EC certificate.

2.
The compulsory examination shall consist of a written
test adapted to the mode(s) of transport in respect of which the
EC certificate is issued.

3. (a) The candidate shall be given a questionnaire. It shall
consist of at least 20 open questions relating, in accord-
ance with Article 5(4) of Directive 96/35/EC, at least to
the subjects listed in Annex II to the said Directive.
However, use may be made of multiple choice ques-
tions. In that case, two multiple choice questions shall
be equal to one open question.

Among those subjects, particular attention, appropriate
to the mode of transport concerned, shall be given to
the following topics:

— general prevention and safety measures,

— the classification of dangerous goods,

— general packaging requirements,
tank containers and rail tankers,

including tanks,

— danger markings and labels,

— references in transport documents,

— handling and stowage,

— the vocational training of crews,

— vehicle papers and transport certificates,

— safety instructions,

— transport equipment requirements.

These types of goods shall be:

— class 1 (explosives),

— class 2 (gases),

— class 7 (radioactive material),

— classes 3, 4.1, 4.2, 4.3, 5.1, 5.2, 6.1, 6.2, 8 and 9

(solids and liquids),

— UN numbers 1202, 1203, 1223 (mineral oils).

The heading of the EC certificate must clearly indicate
that it is valid only for types of dangerous goods referred
to in this paragraph and on which the adviser has been
examined in accordance with the requirements defined in
(a) and (b).

4.
The competent authority or examination body shall grad-
ually establish a compendium of the questions which have
been included in the examination.

CHAPTER III

Criteria applicable to examination bodies

Article 4

1.
If Member States do not take direct charge of the organ-
isation of the examination, they shall appoint the examination
bodies on the basis of the following criteria:

(a) competence of the examination body;

(b) specification of the examination arrangements proposed by

the examination body;

(c) measures intended to ensure the impartiality of the exami-

nations;

(d) independence of the body as regards any natural or legal

persons employing advisers.

The approved examination body shall be designated in

2.
writing. Such approval may be of limited duration.

Article 5

Member States shall assist one another in implementing this
Directive.

(b) Candidates shall carry out a case study in connection
with Annex I to Directive 96/35/EC whereby they can
demonstrate that they have the ability to carry out the
tasks of adviser.

Each Member State shall submit on a regular basis to the
Commission the compendium of questions referred to in
Article 3(4). The Commission shall inform the other Member
States thereof.

19.5.2000

EN

Official Journal of the European Communities

L 118/43

CHAPTER IV

Final provisions

Article 6

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

When the Member States adopt these measures, they shall
include a reference to this Directive or shall be accompanied by
such a reference upon their official publication. The Member
States shall lay down the manner in which such references shall
be made.

The Member States shall communicate to the Commis-
law which they

2.
sion the texts of the provisions of national
adopt in the field governed by this Directive.

Article 7

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

Article 8

This Directive is addressed to the Member States.

Done at Luxembourg, 17 April 2000.

For the European Parliament

For the Council

The President

N. FONTAINE

The President

L. CAPOULAS SANTOS