2002/885/EC: Commission Decision of 7 November 2002 amending Council Directive 96/49/EC as regards the time-limits within which pressure drums, cylinder racks and tanks for the transport of dangerous goods by rail must comply with it (Text with EEA relevance) (notified under document number C(2002) 4343)
Date: 2002-11-07
Institutions: European Commission
Subjects: approximation of laws, international transport, rail transport, safety standard, transport of dangerous goods, transport safety

L 308/44

EN

Official Journal of the European Communities

9.11.2002

COMMISSION DECISION

of 7 November 2002

amending Council Directive 96/49/EC as regards the time-limits within which pressure drums,
cylinder racks and tanks for the transport of dangerous goods by rail must comply with it

(notified under document number C(2002) 4343)

(Text with EEA relevance)

(2002/885/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 96/49/EC of 23 July 1996
on the approximation of the laws of the Member States with
regard to the transport of dangerous goods by rail (1), as last
amended by Commission Directive 2001/6/EC (2), and in parti-
cular Article 6(4) third subparagraph thereof,

Whereas:

(1)

(2)

(3)

(4)

The European standards laying down detailed technical
specifications relating to the construction, use and condi-
tions of carriage of pressure drums, cylinder racks and
tanks for the transport of dangerous goods by rail have
not yet been added to the Annex to Directive 96/49/EC,
since standardisation of the CEN on them is not yet
complete.

It is therefore necessary to defer the deadlines, fixed in
Article 6(4) of Directive 96/49/EC, by which such pres-
sure drums, cylinder racks and tanks must comply with
Directive 96/49/EC.

Directive 96/49/EC should therefore be amended accord-
ingly.

In order to avoid any legal uncertainty this decision
should apply from 1 July 2001,

‘A Member State may maintain national provisions in force
on 31 December 1996 relating to the construction, use
and conditions of carriage of new tanks, and new pressure
drums and cylinder racks as defined in Class 2 of the
Annex, which differ from the provisions of that Annex
until references to standards for the construction and use
of tanks, pressure drums and cylinder racks are added to
the Annex, with the same binding force as the provisions
therein, but in any event no later than 30 June 2003. Pres-
sure drums, cylinder racks and tanks constructed before 1
July 2003 and other receptacles constructed before 1 July
2001 and maintained to the required safety levels may
continue to be used under the original conditions.

The dates 30 June 2003 and 1 July 2003 shall be put back
for pressure drums, cylinder racks and tanks for which
there are no detailed technical requirements or for which
no sufficient references to appropriate European standards
have been added to the Annex.’

Article 2

This Decision shall apply from 1 July 2001.

Article 3

This Decision is addressed to the Member States.

HAS ADOPTED THIS DECISION:

Done at Brussels, 7 November 2002.

Article 1

In Article 6(4) of Directive 96/49/EC the first and second
subparagraphs are replaced by the following:

For the Commission

Loyola DE PALACIO

Vice-President

(1) OJ L 235, 17.9.1996, p. 25.
(2) OJ L 30, 1.2.2001, p. 42.