Amended proposal for a Directive of the European Parliament and of the Council amending Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road
Date: 2000-04-19
Institutions: European Commission
Subjects: approximation of laws, national transport, safety standard, transport of dangerous goods

26.9.2000

EN

Official Journal of the European Communities

C 274 E/103

Amended proposal for a Directive of the European Parliament and of the Council amending
Directive 94/55/EC on the approximation of the laws of the Member States with regard to the
transport of dangerous goods by road (1)

(2000/C 274 E/11)

(Text with EEA relevance)

COM(2000) 185 final (cid:151) 1999/0083(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 19 April 2000)

(1) OJ C 171, 18.6.1999, p. 17.

INITIAL PROPOSAL

AMENDED PROPOSAL

THE EUROPEAN PARLIAMENT AND THE COUNCIL
OF THE EUROPEAN UNION,

Unchanged

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,

Having regard to the opinion of
Committee,

the Economic and Social

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

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

Whereas:

(1) The standardisation work of the European Committee for
Standardisation (CEN) on quality assurance in the transport
of dangerous goods has not yet been completed and it is
therefore necessary to amend the time limit laid down in
Article 1 of Directive 94/55/EC (1), as amended by
Commission Directive 96/86/EC (2).

concerning

(2) The work of the United Nations Economic Commission for
Europe (UNECE) concerning the provisions on the centre of
tank-vehicles laid down in Annex B to the
gravity of
European Agreement
international
carriage of dangerous goods by road (ADR) has not yet
been completed and it is therefore necessary to amend
laid down in Article 5(3) of Directive
the time-limit
94/55/EC.
___________
(1) OJ L 319, 12.12.1994, p. 7 and OJ L 275, 28.10.1996, p. 1.
(2) OJ L 335, 24.12.1996, p. 43.

the

C 274 E/104

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Official Journal of the European Communities

26.9.2000

INITIAL PROPOSAL

AMENDED PROPOSAL

(3) The standardisation work of the European Committee for
Standardisation (CEN) on receptacles and tanks has not yet
been completed and it is therefore necessary to amend the
time-limits laid down in Article 6(4) of Directive 94/55/EC.

(4) It is necessary to ensure consistency between the provisions
of Directive 94/55/EC and the amendments needed to
adapt
thereto to scientific and technical
progress.

the annexes

(5) The time-limits in Article 6(4) regarding certain equipment
must be postponed; the determination of such equipment
and the date of application of Directive 94/55/EC should be
made subject
that
Directive.

to the procedures

in Article 9 of

(6) The derogations provided for in Article 6(9) of Directive
to the procedure

94/55/EC should be made subject
provided for in Article 9 of that Directive.

(7) It

is necessary to allow the Member States to adopt
long-term derogations with regard to local
transport
operations and to make authorisation for this purpose
to the procedure provided for in Article 9 of
subject
Directive 94/55/EC.

(8) It is necessary to specify the conditions to be fulfilled for a
transport operation to be regarded as ad hoc transport.

(9) 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, (1) and those measures should be adopted
in accordance with the regulatory procedure laid down
in Article 5 of that Decision.

implementing powers

(9) Directive

94/55/EC

should

therefore

be

amended

(10) Directive

94/55/EC should

therefore

be

amended

accordingly,

accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Unchanged

Article 1

Directive 94/55/EC is hereby amended as follows:

1. Point (c) of Article 1(2) is replaced by the following:

(cid:145)(c) quality controls on undertakings where they carry out
national transport operations as indicated in paragraph
1 of Annex C.

___________
(1) OJ L 184, 17.7.1999, p. 23.

26.9.2000

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Official Journal of the European Communities

C 274 E/105

INITIAL PROPOSAL

AMENDED PROPOSAL

The scope of
the national provisions concerning the
requirements set out in this point may not be extended.

The provisions in question shall cease to apply if similar
measures
are made obligatory under Community
provisions.

Not less than two years after the entry into force of a
European standard on quality control in the transport of
dangerous goods, the Commission shall submit to the
Council a report assessing the safety aspects covered
together with an appropriate proposal
by this point
for its continuation or repeal.(cid:146)

2. Article 5 is amended as follows:

(a) in paragraph 2: the words (cid:145)by Marginal 10599 of Annex
B(cid:146) are replaced by (cid:145)the provision indicated in point 2 of
Annex C(cid:146);

(b) paragraph 3(b) is amended as follows:

(i) the words (cid:145)of Marginal 211 128 of Annex B to this
Directive(cid:146) are replaced by (cid:145)of the provision indicated
in point 3 of Annex C(cid:146);

(ii) the date (cid:145)31 December 1998(cid:146) is replaced by (cid:145)30 June

2001(cid:146).

lower

(cid:145)(c) Member States in which the ambient temperature is
than (cid:150) 20 (cid:176)C may impose more
regularly
stringent standards as regards the operating temperature
of materials for tanks and their equipment and plastic
packagings intended for use in the domestic transport
of dangerous goods by road within their territory until
provisions on appropriate reference temperatures for
defined climatic zones are incorporated in the annexes.(cid:146)

3. Article 6 is amended as follows:

Unchanged

(a) paragraph 3 is replaced by the following:

in

the

(cid:145)3. Member States may authorise the use in their
territory of vehicles constructed before 1 January 1997
which do not comply with these provisions but were
constructed
national
accordance with
requirements in force on 31 December 1996, provided
that such vehicles are maintained to the required safety
levels. Tanks and vehicles constructed on or after 1
January 1997 which do not comply with the provisions
of Annex B but the construction of which meets the
requirements of
this Directive that are applicable on
the date of their construction may, however, continue
to be used for national transport until a date determined
in accordance with the procedure laid down in Article
9(cid:146).

C 274 E/106

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Official Journal of the European Communities

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INITIAL PROPOSAL

AMENDED PROPOSAL

(a) paragraph 4 is replaced by the following:

(b) paragraph 4 is replaced by the following:

Unchanged

(cid:145)4. Member States may maintain their national
provisions in force on 31 December 1996 relating to
the construction, use and conditions of carriage of
new receptacles within the meaning of the provision
indicated in point 4 of Annex C and new tanks which
do not comply with Annexes A and B, until references
to standards for the construction and use of tanks and
receptacles with the
the
provisions of this Directive are added to Annexes A
and B, and not later than 30 June 2001. Receptacles
and tanks constructed before 1 July 2001 and main-
tained to the required safety levels may continue to be
used under the original conditions.

same binding force

as

These dates shall be postponed for some transportable
for which there are no detailed
pressure equipment
technical
for which no sufficient
references to the appropriate European standards have
been added to the Annex.

requirements or

The equipment concerned by this postponement and the
date from which this Directive will be applicable to it
shall be determined in accordance with the procedure
provided for in Article 9(cid:146);

(b) paragraph 9 is replaced by the following:

(c) paragraph 9 is replaced by the following:

Unchanged

(cid:145)9.
If Member States intend to adopt provisions that
are less strict than those laid down in the Annexes for
transport operations confined to their
territory and
relating only to small quantities of certain dangerous
goods, with the exception of substances with average
and high radioactivity, they shall notify the Commission
thereof.

If Member States intend to lay down provisions different
from those contained in the Annexes in respect of local
transport limited to their territory, the shall notify the
Commission thereof, provided that no stricter provisions
transport operations effected by a
are required for
vehicle registered in another Member State(cid:146);

(c) in paragraph 10,

the words (cid:145)of Marginals 2010 and
10 602 of Annexes A and B(cid:146) are replaced by (cid:145)of the
provisions indicated in point 5 of Annex C(cid:146);

(d) in paragraph 10,

the words (cid:145)of Marginals 2010 and
10 602 of Annexes A and B(cid:146) are replaced by (cid:145)of the
provisions indicated in point 5 of Annex C(cid:146);

(d) paragraph 11 is replaced by the following:

(e) paragraph 11 is replaced by the following:

(cid:145)11. Member States may issue administrative author-
isations, valid for their territory only, to carry out ad
hoc transport operations of dangerous goods which are
either prohibited by the Annexes or are effected under
conditions different from those provided for by those
transport
Annexes, on condition that
operations
transport
to
operations which are clearly defined and limited in time(cid:146);

those ad hoc
exceptional

correspond

Unchanged

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Official Journal of the European Communities

C 274 E/107

INITIAL PROPOSAL

AMENDED PROPOSAL

(e) in paragraph 12, the words (cid:145)Marginals 2010 and 10 602
of Annexes A and B(cid:146) are replaced by (cid:145)the provisions
indicated in point 5 of Annex C(cid:146).

(f)

in paragraph 12, the words (cid:145)Marginals 2010 and 10 602
of Annexes A and B(cid:146) are replaced by (cid:145)the provisions
indicated in point 5 of Annex C(cid:146).

4. In Article 8 the reference (cid:145)Annexes A and B(cid:146) is replaced by

Unchanged

(cid:145)Annexes A, B and C(cid:146).

5. Article 9 is replaced by the following:

The Commission shall be assisted by a committee on
(cid:145)1.
the transport of dangerous goods, which shall consist of
representatives of the Member States and be chaired by a
representative of the Commission.

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

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

3.
1999/468/EC is set at three months.(cid:146)

5. Annex C, as shown in the Annex to this Directive, is added.

6. Annex C, as shown in the Annex to this Directive, is added.

Article 2

Article 2

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 30 June 2000. They shall forthwith inform the
Commission thereof.

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 30 June 2001. They shall forthwith inform the
Commission thereof.

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

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

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

Unchanged

Article 3

Article 3

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

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

Article 4

Unchanged

This Directive is addresses to the Member States.

C 274 E/108

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Official Journal of the European Communities

26.9.2000

ANNEX

(cid:145)ANNEX C

Special provisions relating to certain articles of Directive 94/55/EC

1. The national transport operations covered by Article 1(2)(c) shall be the following:

i) Explosive substances and articles in Class 1, where the quantity of explosive substances contained per transport

unit exceeds:

(cid:151) 1 000 kg for division 1.1, or

(cid:151) 3 000 kg for division 1.2, or

(cid:151) 5 000 kg for divisions 1.3 and 1.5;

ii) the following substances in tanks or in tank containers of a total capacity exceeding 3 000 l:

(cid:151) Class 2: gas assigned to the following risk groups: F, T, TF, TC, TO, TFC, TOC;

(cid:151) Classes 3, 4.1, 4.2, 4.3, 5.1, 5.2, 6.1, 8: substances not listed under (b) or (c) in those Classes or listed therein

but having a hazard code with three or four more significant digits (not including any zero);

iii) the following packages of Class 7 (radioactive materials): packages of fissile materials, packages of type B(U),

packages of type B(M).

2. The special provision applicable to Article 5(2) shall be Marginal 10 599 of Annex B.

3. The special provision applicable to Article 5(3)(b) shall be Marginal 211 128 of Annex B.

4. The special provision applicable to Article 6(4) shall be Marginal 2211 of Annex 1.

5. The special provision applicable to Article 6(10) and (12) shall be Marginals 2010 and 10 602 of Annexes A and B.(cid:146)