Opinion of the Economic and Social Committee on the 'Proposal for a Directive of the European Parliament and of the Council amending Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road'
Date: 2000-07-12
Institutions: European Economic and Social Committee
Subjects: approximation of laws, road transport, safety standard, transport document, transport of dangerous goods, transport safety

C 268/4

EN

Official Journal of the European Communities

19.9.2000

3. Conclusions

The Committee supports

rec-
3.1.
ommendation that the derogation should be extended to allow
more time for the Swedish Government to make necessary
changes to its alcohol policy. It particularly welcomes the clear

the Commission’s

Brussels, 12 July 2000.

programme, agreed by the Swedish Government, for a phased
increase in the amounts that Swedish consumers may bring
into their country from other Member States.

3.2.
It also welcomes the clear decision that the basic
Internal Market freedom for the movement of goods will apply
in full from the end of 2003.

The President

of the Economic and Social Committee

Beatrice RANGONI MACHIAVELLI

Opinion of the Economic and Social Committee on the ‘Proposal for a Directive of the European
Parliament and of the Council amending Council Directive 95/50/EC on uniform procedures for
checks on the transport of dangerous goods by road’

(2000/C 268/03)

On 23 March 2000 the Council decided to consult the Economic and Social Committee, under Article 71
of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Transport, Energy, Infrastructure and the Information Society, which was responsible for
preparing the Committee’s work on the subject, adopted its opinion on 8 June 2000. The rapporteur was
Mr Ghigonis.

At its 374th plenary session on 12 and 13 July (meeting of 12 July 2000) the Committee adopted the
following opinion by 111 votes to 0, with 2 abstentions.

1. Commission proposal

2. General comments

The proposal for amendment of Directive 95/50/EC

1.1.
has two objectives:

— Firstly, amending Annex I to Directive 95/50/EC to bring
it into line with Directive 94/55/EC (1). The most recent
change to that Directive, aligning it with the ADR
agreement, dates from 21 May 1999 (2).

— Secondly, introducing a so-called ‘committee’ procedure
similar to the one laid down in Article 9 of Directive
94/55/EC.

(1) Council Directive 94/55/EC of 21 November 1994 on the
approximation of the laws of the Member States with regard to
the transport of dangerous goods by road (OJ L 319, 12.12.1994,
p. 7) — ESC Opinion: OJ C 195, 18.7.1994, p. 15.

(2) 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 laws of the Member States with
regard to the transport of dangerous goods by road (OJ L 169,
5.7.1999, p. 1).

2.1.
First and foremost, the Economic and Social Com-
mittee is aware of the importance of compliance with strict
rules on the transport of dangerous goods by road, given
that any accident or incident can lead to extremely serious
consequences.

The Economic and Social Committee endorses the

2.2.
terms of the Commission proposal.

2.3.
The ESC stresses the importance of introducing the
committee procedure. With a view to the restructuring of the
ADR, expected for 1 July 2001, and bearing in mind the scale
of the adaptations to that agreement, it is essential to set up
this regulatory committee to ensure the proper functioning of
Directive 95/50/EC in future.

19.9.2000

EN

Official Journal of the European Communities

C 268/5

3.

Specific comments

The readjustment of Annex I to the legal provisions in

3.1.
force must be accompanied by adaptation of Annex II.

3.2.
The latter annex makes no distinction between the
various infringements and confines itself to simply listing
them. It would be wiser to classify the infringements commit-
ted according to seriousness. Such a classification would be
indispensable not only to officials carrying out the checks but
also to road haulage contractors.

3.3. Moreover, it would enable the Member States to use
the classification (e.g. very serious, serious and less serious) as
a basis for the fines to be paid for the infringements. If Annex II
included such a classification, it would limit the anomalies
arising from an infringement being regarded as very serious in
one Member State and less serious in another.

The ESC also recommends that the Member States
3.4.
harmonise as far as possible all the rules on checking and issue
clear instructions to this end to the various bodies responsible
for the checks.

Brussels, 12 July 2000.

The President

of the Economic and Social Committee

Beatrice RANGONI MACHIAVELLI