2003/627/EC: Commission Decision of 20 August 2003 authorising Member States pursuant to Directive 96/49/EC to adopt certain derogations with regard to the transport of dangerous goods by rail (Text with EEA relevance) (notified under document number C(2003) 3026)
Date: 2003-08-20
Institutions: European Commission
Subjects: EU Member State, derogation from EU law, rail transport, transport of dangerous goods

29.8.2003

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Official Journal of the European Union

L 217/67

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 20 August 2003

authorising Member States pursuant to Directive 96/49/EC to adopt certain derogations with
regard to the transport of dangerous goods by rail

(notified under document number C(2003) 3026)

(Text with EEA relevance)

(2003/627/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
amended by Directive 2000/62/EC of the European Parliament
and of the Council (2), and in particular Article 6(9) and (11)
thereof,

Having regard to the notification received from the Member
States concerned,

(3)

Whereas:

part of a defined industrial process, which are either
prohibited by the provisions of the Annex to that Direc-
tive or are performed under conditions different from
those set out in that Annex, where such operations are
of a local nature and are tightly controlled under clearly
specified conditions. A number of Member States have
notified to the Commission their wish to adopt provi-
sions authorising such regular transport. The Commis-
the requirements for such
sion has concluded that
authorisation are met.
is therefore appropriate to
It
authorise the Member States concerned to adopt such
provisions.

The measures provided for in this Decision are in accor-
dance with the opinion of the Committee on transport
of dangerous goods, set up by Article 9 of Directive 94/
55/EC,

(1)

Pursuant
to Directive 96/49/EC, Member States may
adopt provisions which are less stringent than those
provided for in the Annexes to that Directive with
regard to the transport, within their territory, only of
small quantities of certain dangerous goods, with the
exception of substances having a medium or high level
of radioactivity. A number of Member States have noti-
fied to the Commission their wish to adopt such provi-
sions. Those provisions have been examined by the
the relevant
Commission which has concluded that
conditions are met.
therefore appropriate to
authorise the adoption of those provisions.

is

It

HAS ADOPTED THIS DECISION:

Article 1

(2)

Pursuant
to Directive 96/49/EC, Member States may
authorise the regular transport on particular designated
routes within their territory of dangerous goods, forming

Member States listed in Annex I are authorised to adopt, with
regard to the transport by rail within their territory only of
small quantities of certain dangerous goods, the provisions set
out in that Annex.

(1) OJ L 235, 17.9.1996, p. 25.
(2) OJ L 279, 1.11.2000, p. 44.

Those provisions shall be applied without discrimination.

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Article 2

Article 3

Member States listed in Annex II are authorised to adopt, with
regard to the regular transport on particular designated routes
within their territory of dangerous goods, forming part of a
defined industrial process, being of local nature and tightly
controlled under clearly specified condition, the provisions set
out in that Annex.

Those provisions shall be applied without discrimination.

This Decision is addressed to the Member States.

Done at Brussels, 20 August 2003.

For the Commission

Loyola DE PALACIO

Vice-President

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DEROGATIONS FOR MEMBER STATES ON SMALL QUANTITIES OF CERTAIN DANGEROUS GOODS

ANNEX I

FRANCE

RA-SQ 6.1

Subject: Transport of registered luggage in passenger trains

Reference to the Annex to the Directive: section 7.7

Content of the Annex to the Directive: RID materials and objects excluded from transport as luggage

Reference to the national legislation: arrêté du 5 juin 2001 relatif au transport de marchandises dangereuses par chemin de fer
(Decree of 5 June 2001 on the transport of hazardous goods by rail (‘RID decree’)), Article 18

Content of the national legislation: RID materials and objects which may be carried as express parcels can be carried as
luggage in passenger trains.

RA-SQ 6.2

Subject: Parcels of hazardous materials carried by passengers in trains

Reference to the Annex to the Directive: section 7.7

Content of the Annex to the Directive: RID materials and objects excluded from transport as hand luggage

Reference to the national legislation: arrêté du 5 juin 2001 relatif au transport de marchandises dangereuses par chemin de fer
(Decree of 5 June 2001 on the transport of hazardous goods by rail (‘RID decree’)), Article 19

legislation: the transport as hand luggage of parcels of hazardous materials intended for the
Content of the national
personal or professional use of passengers is authorised subject to certain conditions: only the provisions relating to the
packaging, marking and labelling of parcels set out in 4.1, 5.2 and 3.4 apply.

Comments: portable gas receptacles allowed for patients with respiratory problems in the necessary amount for one
journey

RA-SQ 6.3

Subject: Transport for the needs of the rail carrier

Reference to the Annex to the Directive: section 5.4.1

Content of the Annex to the Directive: information concerning hazardous materials to be indicated on the consignment
note

Reference to the national legislation: arrêté du 5 juin 2001 relatif au transport de marchandises dangereuses par chemin de fer
(decree of 5 June 2001 on the transport of hazardous goods by rail (‘RID decree’)), Article 20.2

Content of the national legislation: transport for the needs of the rail carrier of quantities not exceeding the limits set in
1.1.3.6 is not subject to the load declaration obligation.

RA-SQ 6.4

Subject: exemption from the labelling of certain mail wagons

Reference to the Annex to the Directive: section 5.3.1

Content of the Annex to the Directive: obligation to affix labels on the walls of wagons

Reference to the national legislation: arrêté du 5 juin 2001 relatif au transport de marchandises dangereuses par chemin de fer
(decree of 5 June 2001 on the transport of hazardous goods by rail (‘RID decree’)), Article 21.1

Content of the national legislation: only mail wagons carrying over 3 tonnes of a material in the same class (other than 1,
6.2 or 7) must be labelled.

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RA-SQ 6.5

Subject: exemption from the labelling of wagons carrying small containers

Reference to the Annex to the Directive: section 5.3.1

Content of the Annex to the Directive: obligation to affix labels on the walls of wagons

Reference to the national legislation: arrêté du 5 juin 2001 relatif au transport de marchandises dangereuses par chemin de fer
(decree of 5 June 2001 on the transport of hazardous goods by rail (‘RID decree’)), Article 21.2

content of the national legislation: If the labels affixed on the small containers are clearly visible, the wagons do not have to
be labelled.

RA-SQ 6.6

Subject: exemption from the labelling of wagons carrying road vehicles loaded with parcels

Reference to the Annex to the Directive: section 5.3.1

Content of the Annex to the Directive: obligation to affix labels on the walls of wagons

Reference to the national legislation: arrêté du 5 juin 2001 relatif au transport de marchandises dangereuses par chemin de fer
(decree of 5 June 2001 on the transport of hazardous goods by rail (‘RID decree’)), Article 21.3

Content of the national legislation: if the road vehicles have labels corresponding to the parcels which they contain, the
wagons do not have to be labelled.

SWEDEN

RA-SQ 14.1

Subject: a railway carriage carrying dangerous goods, as express goods, need not be marked with labels

Reference to the Annex to the Directive: section 5.3.1

Content of the Annex to the Directive: railway carriages carrying dangerous goods must display labels.

Reference to the national legislation: Särskilda bestämmelser om vissa inrikes transporter av farligt gods på väg och i terräng

Content of the national legislation: a railway carriage carrying dangerous goods, as express goods, need not be marked with
labels.

Comments: There are quantity limits in RID for goods to be called express goods. Therefore it is a small quantity issue.

UNITED KINGDOM

RA-SQ 15.1

Subject: carriage of certain low-hazard radioactive items such as clocks, watches, smoke detectors, compass dials

Reference to the Annex to the Directive: most requirements of RID

Content of the Annex to the Directive: requirements concerning the carriage of class 7 material

Reference to the national legislation: Packaging, labelling and carriage of radioactive material by rail Regulations 1996, regu-
lation 2(6) (as amended by schedule 5 of the Carriage of dangerous goods (amendment) Regulations 1999)

Content of the national legislation: total exemption from the provisions of the national regulations for certain commercial
products containing limited quantities of radioactive material

Comments: this derogation is a short-term measure, which will no longer be required when similar amendments to the
IAEA regulations are incorporated into RID.

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L 217/71

RA-SQ 15.2

Subject: movement of nominally empty fixed tanks not intended as transport equipment (N2)

Reference to the Annex to the Directive: parts 5 and 7 (96/49/EC)

Content of the Annex to the Directive: requirements concerning consignment procedures, carriage, operation and vehicles

Reference to the national legislation: to be specified in forthcoming Regulations

Content of the national legislation: see above

Comments: movement of such fixed tanks is not carriage of dangerous goods in the normal sense, and RID provisions
cannot in practice be applied. As the tanks are ‘nominally empty’, the amount of dangerous goods actually contained in
them is by definition extremely small.

RA-SQ 15.3

Subject: Easing of restrictions on transporting mixed loads of explosives, and explosives with other dangerous goods, in
wagons, vehicles and containers (N4/5/6)

Reference to the Annex to the Directive: sections 7.5.2.1 and 7.5.2.2

Content of the Annex to the Directive: restrictions on certain types of mixed loading

Reference to the national legislation: Carriage of dangerous goods by road Regulations 1996, regulation 18; carriage of
dangerous goods by rail Regulation, regulations 17 and 24; Carriage of explosives by road regulations, regulation 14

Content of the national legislation: national legislation is less restrictive regarding mixed loading of explosives, providing
such carriage can be accomplished without risk

Comments: The United Kingdom wishes to permit some variations on the mixing rules for explosives with other explo-
sives and for explosives with other dangerous goods. Any variation will have a quantity limitation on one or more
constituent parts of the load and would only be permitted provided that ‘all reasonably practicable measures have been
taken to prevent the explosives being brought into contact with, or otherwise endangering or being endangered by, any
such goods’.

Examples of variations the United Kingdom may want to permit are:

1. explosives allocated on classification to UN No 0029, 0030, 0042, 0065, 0081, 0082, 0104, 0241, 0255, 0267,
0283, 0289, 0290, 0331, 0332, 0360, or 0361 may be carried in the same vehicle with the dangerous goods allo-
cated on classification the UN No 1942. The quantity of UN 1942 permitted to be carried shall be limited by
deeming it to be an explosive of 1.1D;

2. explosives allocated on classification to UN No 0191, 0197, 0312, 0336, 0403, 0431, or 0453 may be carried in
the same vehicle with dangerous goods (except flammable gases, infectious substances and toxic substances) in trans-
port category 2 or dangerous goods in transport category 3, or any combination of them, provided the total mass or
volume of dangerous goods in transport category 2 does not exceed 500 kg or l and the total net mass of such
explosives does not exceed 500 kg;

3. explosives of 1.4G may be carried with flammable liquids and flammable gases in transport category 2 or non-flam-
mable, non-toxic gases in transport category 3, or in any combination of them in the same vehicle, provided the total
mass or volume of dangerous goods when added together does not exceed 200 kg or l and the total net mass of
explosives does not exceed 20 kg;

4. explosive articles allocated on classification to UN No 0106, 0107 or 0257 may be carried with explosive articles in
compatibility group D, E or F for which they are components. The total quantity of explosives of UN No 0106, 0107
or 0257 shall not exceed 20 kg.

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RA-SQ 15.4

Subject: to allow different ‘maximum total quantity per transport unit’ for class 1 goods in categories 1 and 2 of table in
section 1.1.3.1

Reference to the Annex to the Directive: section 1.1.3.1

Content of the Annex to the Directive: exemptions related to the nature of the transport operation

Reference to the national legislation: to be specified in forthcoming regulations

Content of the national legislation: to lay down rules regarding exemptions for limited quantities and mixed loading of
explosives

Comments: to allow different limited quantity limits and mixed loading multiplication factors for class 1 goods, namely
‘50’ for category 1 and ‘500’ for category 2. For the purpose of calculating mixed loads, the multiplication factors will
read ‘20’ for transport category 2 and ‘2’ for transport category 3.

DEROGATIONS FOR MEMBER STATES ON LOCAL TRANSPORT LIMITED TO THEIR TERRITORY

ANNEX II

SWEDEN

RA-LT 14.1

Subject: carriage of hazardous waste to hazardous waste disposal plants

Reference to the Annex to the Directive: part 2, classes 5.2 and 6.1

Content of the Annex to the Directive: classification, marking and labelling, and requirements for the construction and
testing of packaging

Reference to national legislation: Särskilda bestämmelser om vissa inrikes transporter av farligt gods på väg och i terräng

Content of the national legislation: the legislation consists of simplified classification criteria, less restrictive requirements
for the construction and testing of packaging, and modified labelling and marking requirements. Instead of classifying
hazardous waste according to RID it is assigned to different waste groups. Each waste group contains substances that
can, in accordance with RID, be packed together (mixed packing). Each package must be marked with the relevant waste
group code instead of the UN number.

Comments: these regulations may only be used for the carriage of hazardous waste from public recycling sites to hazar-
dous waste-disposal plants.