Commission Directive 2003/28/EC of 7 April 2003 adapting for the fourth 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 (Text with EEA relevance)
Date: 2003-04-07
Institutions: European Commission
Subjects: approximation of laws, road transport, safety standard, technological change, transport of dangerous goods, transport safety

8.4.2003

EN

Official Journal of the European Union

L 90/45

COMMISSION DIRECTIVE 2003/28/EC

of 7 April 2003

adapting for the fourth time to technical progress Council Directive 94/55/EC on the approxima-
tion of the laws of the Member States with regard to the transport of dangerous goods by road

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

2. Annex B is replaced by the following:

Having regard to the Treaty establishing the European
Community,

Having regard to 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 (1), as
last amended by Commission Directive 2001/7/EC (2), and in
particular Article 8 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Annexes A and B to Directive 94/55/EC refer
to
Annexes A and B to the European Agreement
concerning the international carriage of dangerous goods
by road, generally known as the ADR, as applicable with
effect from 1 July 2001.

The ADR is updated every two years. Consequently, the
amended version will be in force with effect from 1
January 2003, with a transitional period up to 30 June
2003.

Annex C contains references to marginals which must
become points.

It is therefore necessary to amend the Annexes to Direc-
tive 94/55/EC.

The measures provided for in this Directive are in
conformity with the opinion of the Committee for the
transport of dangerous goods,

HAS ADOPTED THIS DIRECTIVE:

Article 1

The Annexes to Directive 94/55/EC are hereby amended as
follows:

1. Annex A is replaced by the following:

‘ANNEX A

Provisions of Annex A to the European Agreement on the
international carriage of dangerous goods by road (ADR), as
applicable with effect from 1 January 2003, it being under-
stood that
is replaced by “Member
State”.

“contracting party”

The text of the amendments of the 2003 version of Annex
A to the ADR will be published as soon as it is available in
all official languages of the Community.’

‘ANNEX B

Provisions of Annex B to the European Agreement on the
International Carriage of Dangerous Goods by Road (ADR),
it being
as applicable with effect from 1 January 2003,
understood that “contracting party” is replaced by “Member
State”.

The text of the amendments of the 2003 version of Annex
B to the ADR will be published as soon as it is available in
all official languages of the Community.’

3. Annex C is amended in conformity with Annex C to this

Directive.

Article 2

1.
The Member States shall bring into force the laws, regula-
tions and administrative provisions needed to conform with
this Directive no later than 1 July 2003. They shall forthwith
inform the Commission thereof.

When Member States adopt these measures, they shall contain
a reference to this Directive or shall 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.

2.
The Member States shall notify to the Commission the
text of the provisions of internal law which they adopt in the
field governed by this Directive.

Article 3

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

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 7 April 2003.

For the Commission

Loyola DE PALACIO

Vice-President

(1) OJ L 319, 12.12.1994, p. 7.
(2) OJ L 30, 1.2.2001, p. 43.

L 90/46

EN

Official Journal of the European Union

8.4.2003

ANNEX

‘ANNEX C

1. Under point 2, replace “is marginal 10 599 in Annex B” by “is Chapter 1.9 in Annex A”.

2. Under point 4, replace “is marginal 2 211 in Annex A” by “consists of the definitions of “cylinder”, “tube”, “pressure

drum”, “cryogenic vessel” and “cylinder rack” given in section 1.2.1 of Annex A.”

3. Under point 5, replace “are marginals 2 010 and 10 602 in Annexes A and B” by “are those in Chapter 1.5 in Annex

A”’.