Directive 2008/54/EC of the European Parliament and of the Council of 17 June 2008 amending Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road, as regards the implementing powers conferred on the Commission
Date: 2008-06-17
Institutions: Council of the European Union, European Parliament
Subjects: approximation of laws, road transport, transport of dangerous goods, transport safety

21.6.2008

EN

Official Journal of the European Union

L 162/11

DIRECTIVES

DIRECTIVE 2008/54/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 17 June 2008

amending Council Directive 95/50/EC on uniform procedures for checks on the transport of
dangerous goods by road, as regards the implementing powers conferred on the Commission

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(3)

Having regard to the Treaty
Community, and in particular Article 71 thereof,

establishing the European

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure
Article 251 of the Treaty (2),

laid down in

Whereas:

(1)

(2)

Council Directive 95/50/EC (3) provides
that certain
measures are to be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures for
implementing powers
the exercise of
conferred on the Commission (4).

the

introduced

Decision 1999/468/EC has been amended by Decision
2006/512/EC, which
regulatory
procedure with scrutiny for the adoption of measures
of general scope and designed to amend non-essential
elements of a basic instrument adopted in accordance
with the procedure laid down in Article 251 of
the
Treaty, inter alia, by deleting some of those elements or
by supplementing the instrument with new non-essential
elements.

(1) OJ C 44, 16.2.2008, p. 52.
(2) Opinion of the European Parliament of 15 January 2008 (not yet
published in the Official Journal) and Council Decision of 14 May
2008.

(3) OJ L 249, 17.10.1995, p. 35. Directive as last amended by
Commission Directive 2004/112/EC (OJ L 367, 14.12.2004, p. 23).
(4) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

and

the Council

In accordance with the statement by the European
the Commission (5)
Parliament,
concerning Decision 2006/512/EC,
for the regulatory
procedure with scrutiny to be applicable to instruments
adopted in accordance with the procedure laid down in
Article 251 of the Treaty which are already in force,
those instruments must be adjusted in accordance with
the applicable procedures.

(4)

(5)

(6)

In particular the Commission should be empowered to
adapt the Annexes to Directive 95/50/EC to scientific and
technical progress. Since those measures are of general
scope and are designed to amend non-essential elements
of Directive 95/50/EC,
adopted in
accordance with the regulatory procedure with scrutiny
provided for in Article 5a of Decision 1999/468/EC.

they must be

Directive 95/50/EC should
accordingly.

therefore be

amended

Since the amendments made to Directive 95/50/EC by
this Directive are technical
in nature and concern
they do not need to be
committee procedure only,
transposed by the Member States.
is therefore not
necessary to lay down provisions to that effect,

It

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments

Article 9a and 9b of Directive 95/50/EC shall be replaced by the
following:

‘Article 9a

to take account of amendments

The Commission shall adapt the Annexes to scientific and
technical progress in the fields covered by this Directive, in
particular
to Directive
94/55/EC. Those measures, designed to amend non-essential
elements of this Directive, shall be adopted in accordance
with the regulatory procedure with scrutiny referred to in
Article 9b(2).

(5) OJ C 255, 21.10.2006, p. 1.

L 162/12

EN

Official Journal of the European Union

21.6.2008

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.

Article 3

Addressees

This Directive is addressed to the Member States.

2. Where reference is made to this paragraph, Article 5a(1)
to (4) and Article 7 of Decision 1999/468/EC shall apply,
having regard to the provisions of Article 8 thereof.’.

Done at Strasbourg, 17 June 2008.

Article 2

Entry into force

This Directive shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

For the European Parliament
The President

H.-G. PÖTTERING

For the Council
The President

J. LENARČIČ