Directive 2001/26/EC of the European Parliament and of the Council of 7 May 2001 amending Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road (Text with EEA relevance)
Date: 2001-05-07
Institutions: Council of the European Union, European Parliament
Subjects: approximation of laws, intra-EU transport, road transport, transport of dangerous goods, transport safety, vehicle parts

23.6.2001

EN

Official Journal of the European Communities

L 168/23

DIRECTIVE 2001/26/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 7 May 2001

amending Council Directive 95/50/EC on uniform procedures for checks on the transport of
dangerous goods by road

(Text with EEA relevance)

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 (1),

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

After consulting the Committee of the Regions,

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 (7).

(7)

Directive 95/50/EC should therefore be
accordingly,

amended

HAVE ADOPTED THIS DIRECTIVE:

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

Article 1

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

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 (4) laid down uniform rules for the transportation
of dangerous goods in the Community.

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 (5) are related to
to Directive 94/55/EC. Adaptation to
the Annexes
the Annexes to
scientific and technical progress of
Directive 94/55/EC may have an effect on the Annexes
to Directive 95/50/EC.

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

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

The measures necessary for
the implementation of
Directive 95/50/EC should be adopted in accordance
with Council Decision 1999/468/EC of 28 June 1999
laying down the procedures for the exercise of imple-
menting powers conferred on the Commission (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

(1) OJ C 177 E, 27.6.2000, p. 96.
(2) OJ C 268, 19.9.2000, p. 4.
(3) Opinion of the European Parliament of 12 April 2000 (OJ C 40,

7.2.2001, p. 119) and Council Decision of 4 April 2001.

(4) OJ L 319, 12.12.1994, p. 7. Directive as last amended by Commis-

sion Directive 2001/7/EC (OJ L 30, 1.2.2001, p. 43).

(5) OJ L 249, 17.10.1995, p. 35.
(6) OJ L 184, 17.7.1999, p. 23.

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

1. the following Articles shall be inserted:

‘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

1.
The Commission shall be assisted by the committee
on the transport of dangerous goods set up by Article 9 of
Directive 94/55/EC,
the
hereinafter
Committee.

referred

to

as

2. Where reference is made to this paragraph, Articles 5
and 7 of Decision 1999/468/EC (*) shall apply, having
regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/
468/EC shall be set at three months.

3.

The Committee shall adopt its rules of procedure.

(*) OJ L 184, 17.7.1999, p. 23.’

2. Annex I shall be amended as follows:

(a) in item 13, ‘Gross mass of dangerous goods by trans-
shall be replaced by ‘Total quantity of

port unit’
dangerous goods per transport unit’;

(b) in item 15,

‘battery of receptacles’ shall be replaced

by ‘battery vehicle’;

(c) in item 32,

‘Tool set for temporary repairs’ shall be
replaced by ‘One handlamp for each member of the
vehicle crew’;

(7) OJ L 169, 5.7.1999, p. 1.

L 168/24

EN

Official Journal of the European Communities

23.6.2001

(d) in item 34,

‘Two orange-coloured lights’

shall be

replaced by ‘Two self-standing warning signs’;

(e) in item 36,

‘Driver's personal protective equipment’
shall be replaced by ‘A suitable warning vest or
the vehicle
warning clothing for each member of
crew.’

Article 2

1. Member States shall bring into force the laws, regula-
tions and administrative provisions necessary to comply with
this Directive no later than 23 December 2001. They shall
forthwith inform the Commission thereof.

they shall
When Member States adopt
contain a reference to this Directive or be accompanied by
such reference on the occasion of their official publication.
The methods of making such a reference shall be laid down
by the Member States.

these measures,

2. Member States shall communicate to the Commission
the text of the main provisions of national
law which they
adopt in the field covered 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.

This Directive is addressed to the Member States.

Article 4

Done at Brussels, 7 May 2001.

For the European Parliament

For the Council

The President

N. FONTAINE

The President

B. RINGHOLM