CELEX: 51994FC0055
Language: en
Date: 2007-04-24
Title: Proposal for a Directive …/…/EC of the European Parliament and of the Council of […] relating to the transport of dangerous goods by road (Codified version)

EN
|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        COM

                                                                  Proposal for a

                                          DIRECTIVE …/…/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

                                                                      of […]

                                               relating to the transport of dangerous goods by road

                                                                (Codified version)

                                                              EXPLANATORY MEMORANDUM

1.    In the context of a people’s Europe, the Commission attaches great importance to simplifying and clarifying Community law so as to make  it
       clearer and more accessible to the ordinary citizen, thus giving him new opportunities and the chance to make use of the  specific  rights
       it gives him.

       This aim cannot be achieved so long as numerous provisions that have  been  amended  several  times,  often  quite  substantially,  remain
       scattered, so that they must be sought partly in the original instrument and partly in later amending ones.  Considerable  research  work,
       comparing many different instruments, is thus needed to identify the current rules.

       For this reason a codification of rules that have frequently been amended  is  also  essential  if  Community  law  is  to  be  clear  and
       transparent.

2.    On 1 April 1987 the Commission therefore decided[1] to instruct its staff that all legislative acts should be codified after no  more  than
       ten amendments, stressing that this is a minimum requirement and that departments should endeavour to codify at even shorter intervals the
       texts for which they are responsible, to ensure that the Community rules are clear and readily understandable.

3.    The Conclusions of the Presidency of the Edinburgh  European  Council  (December 1992)  confirmed  this[2],  stressing  the  importance  of
       codification as it offers certainty as to the law applicable to a given matter at a given time.

       Codification must be undertaken in full compliance with the normal Community legislative procedure.

       Given that no changes of substance may be made to the instruments affected by codification, the European Parliament, the Council  and  the
       Commission have agreed, by an interinstitutional agreement dated 20 December 1994, that an accelerated procedure may be used for the fast-
       track adoption of codification instruments.

4.    The purpose of this proposal is to undertake a codification of 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[3]. The new Directive will supersede  the  various  acts
       incorporated in it[4]; this proposal fully preserves the content of the acts being codified  and  hence  does  no  more  than  bring  them
       together with only such formal amendments as are required by the codification exercise itself.

5.    The codification proposal was drawn up on the basis of a preliminary consolidation, in all official languages, of  Directive  94/55/EC  and
       the instruments amending it, carried out by the Office for Official Publications  of  the  European  Communities,  by  means  of  a  data-
       processing system. Where the Articles have been given new numbers, the correlation between the old and the new numbers is shown in a table
       contained in Annex V to the codified Directive.

                                            ê 94/55/EC (adapted)

                                                                  Proposal for a

                                          DIRECTIVE …/…/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

                                                                      of […]

                                             Ö relating Õ to 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 Ö 71 Õ thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee[5],

Having regard to the opinion of the Committee of the Regions[6],

Acting in accordance with the procedure laid down in Article Ö 251 Õ of the Treaty[7],

Whereas:

                                            ê 

   1) 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[8] has been substantially amended several times[9]. In the interests of clarity and rationality the said  Directive
      should be codified.

                                            ê 94/55/EC recital 1

   2) Over the years, both the national and the international transport of dangerous goods by road have significantly increased,  adding  to  the
      dangers in the event of an accident.

                                            ê 94/55/EC recital 2 (adapted)

   3) All Member States except Ireland are Contracting Parties to the European Agreement concerning the International Carriage of Dangerous Goods
      by Road (ADR), the geographical scope of which extends beyond the Community and which lays down uniform rules for  the  safe  international
      transport of dangerous goods by road. Such rules Ö should also Õ cover national traffic in order to  harmonize  across  the  Community  the
      conditions under which dangerous goods are transported by road.

                                            ê 94/55/EC recital 3 (adapted)

   4) Divergences Ö between national measures relating to the safe transport of dangerous goods constitute Õ an obstacle to the free provision of
      transport services and, moreover, to the free movement of vehicles and transport equipment. In order  to  overcome  that  obstacle  uniform
      rules applicable to all intra-Community transport should be defined.

                                            ê 94/55/EC recital 4 (adapted)

   5) An action of this nature Ö should Õ be carried out at Community level to ensure consistency with other Community legislation, to  ensure  a
      satisfactory degree of harmonization to facilitate the free movement of goods and services and  to  ensure  a  high  level  of  safety  for
      national and international transport operations.

                                            ê 94/55/EC recital 5 (adapted)

   6) The provisions of this Directive Ö should be Õ without prejudice to the commitment entered into by the Community and its Member States,  in
      accordance with the goals set under Agenda 21, Chapter 19, at the UNCED conference of June 1992 in Rio de Janeiro, to strive for the future
      harmonization of systems for the classification of dangerous substances.

                                            ê 94/55/EC recital 6 (adapted)

   7) No specific Community legislation yet governs the safety conditions under which biological agents and genetically modified micro-organisms,
      regulated under Council Directive 90/219/EEC Ö of 23 April 1990  on  the  contained  use  of  genetically  modified  micro-organisms Õ[10],
      Ö Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release  into  the  environment  of
      genetically modified organisms and repealing Council Directive 90/220/EEC[11] Õ and Ö Directive 2000/54/EC of the European  Parliament  and
      of the Council of 18 September 2000 on the protection of workers from risks related to exposure  to  biological  agents  at  work  (seventh
      individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)[12] Õ, should be transported.

                                            ê 94/55/EC recital 7

   8) This Directive takes account of other Community policies in the fields of worker safety, vehicle construction and environmental protection.

                                            ê 94/55/EC recital 8 (adapted)

   9) Member States Ö should Õ remain free to regulate any operation for the transport of dangerous goods carried out within their territory by a
      vehicle not covered by the Directive regardless of where the vehicle is registered.

                                            ê 94/55/EC recital 9 (adapted)

  10) Member States Ö should Õ be able to apply specific road-traffic regulations to the transport of dangerous goods within their territories.

                                            ê 94/55/EC recital 10 (adapted)

  11) Member States Ö should Õ be able to maintain their quality-control requirements as regards certain national transport operations until  the
      Commission reports to the Council on these matters.

                                            ê 94/55/EC (adapted)

  12) It is necessary to transpose into Community law the provisions of the ADR,  including  the  requirements  concerning  the  construction  of
      vehicles transporting dangerous goods. In this context, provision should be made for a transitional period so that the  Member  States  may
      maintain certain specific national provisions on construction requirements for nationally registered vehicles.

  13) Information procedures in the field of related national legislative proposals Ö should Õ be used in order to increase transparency for  all
      economical operators.

  14) As regards national transport, the Member States  Ö should  maintain Õ  the  right  to  apply  rules  complying  with  the  United  Nations
      Recommendations on the Transport of Dangerous Goods, in so far as the ADR is not yet harmonized with those rules, the purpose of  which  is
      to facilitate the inter-modal transport of dangerous goods.

  15) Member States Ö should Õ be able to regulate or prohibit the transport by road of certain dangerous goods  within  their  territories,  but
      only for reasons other than transport safety. In this context Member States may Ö maintain Õ the right in the case of certain transports of
      very dangerous substances to impose the use of transport by rail or inland waterway or may maintain very  specific  packaging  for  certain
      very dangerous substances.

  16) For the purposes of this Directive Member States Ö should Õ be able to apply more stringent or more  lenient  rules  to  certain  transport
      operations performed within their territories by means of vehicles registered there.

  17) The harmonization of conditions should take account  of  specific  national  circumstances  and  therefore  this  Directive  Ö should Õ  be
      sufficiently flexible in providing Member States with the possibility of granting certain derogations. The application of new technological
      and industrial developments Ö should Õ not be impeded and provision Ö should Õ therefore be made for temporary derogations.

  18) Vehicles registered in Ö third Õ countries Ö should Õ be allowed to perform international transport within the territories of Member States
      if they comply with the ADR.

  19) It Ö should Õ be possible to adapt this Directive rapidly to technical progress, in order to take account of new provisions incorporated in
      the ADR and to decide upon the application and implementation of emergency measures in the event of accidents or incidents.

                                            ê 2000/61/EC recital 9

  20) The measures necessary for the implementation of this Directive should be adopted in accordance with Council  Decision  1999/468/EC  of  28
      June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission[13].

                                            ê 

  21) This Directive should be without prejudice to the obligations of the Member States relating  to  the  time-limits  for  transposition  into
      national law of the Directives set out in Annex IV, Part B,

                                            ê 94/55/EC

HAVE ADOPTED THIS DIRECTIVE:

                                                                    CHAPTER I

                                                    Scope, definitions and general provisions

                                                                    Article 1

1. This Directive shall apply to the transport of dangerous goods by road within or between Member States.

It shall not apply to the transport of dangerous goods by vehicles belonging to or under the responsibility of the armed forces.

                                            ê 94/55/EC (adapted)

2. This Directive shall not affect the Member States' right, Ö having Õ due regard to Community law, to lay down requirements as regards:

                                            ê 94/55/EC

(a)   the national and international transport of dangerous goods within their territories performed by vehicles not covered by this Directive;

(b)   road-traffic regulations specific to the national and international transport of dangerous goods;

                                            ê 2000/61/EC Art. 1 pt. 1

(c)   quality controls on undertakings where they carry out national transport operations as indicated in point 1 of Annex III.

      The scope of the national provisions concerning the requirements set out in this point may not be extended.

      The provisions in question shall cease to apply if similar measures are made obligatory under Community provisions.

      At the latest two years after the entry into force of a European standard on quality control in  the  transport  of  dangerous  goods,  the
       Commission shall submit to the European Parliament and the Council a report assessing the safety aspects covered by  this  point  together
       with an appropriate proposal for its continuation or repeal.

                                            ê 94/55/EC

                                                                    Article 2

For the purposes of this Directive:

(a)   ‘ADR’ shall mean the European Agreement concerning the International Carriage of Dangerous  Goods  by  Road,  concluded  at  Geneva  on  30
       September 1957, as amended;

(b)   ‘vehicle’ shall mean any motor vehicle intended for use on the road, being complete or incomplete,  having  at  least  four  wheels  and  a
       maximum design speed exceeding 25 km/h, and its trailers, with the exception of vehicles which run  on  rails,  and  of  agricultural  and
       forestry tractors and all mobile machinery;

                                            ê 94/55/EC (adapted)

(c)   ‘dangerous goods’ shall mean those substances and articles the transport by road Ö of which Õ is prohibited or authorized only  in  certain
       circumstances by Annexes I and II ;

(d)   ‘transport’ shall mean any road transport operation performed by a vehicle wholly or Ö partially Õ on public roads within the territory  of
       a Member State, including the Ö activities Õ of loading and unloading, covered by Annexes I and II, without prejudice to the  arrangements
       laid down by the laws of the Member States concerning liability in respect of such operations;  it  shall  not  include  transport  wholly
       performed within the perimeter of an enclosed area.

                                                                    Article 3

1. Without prejudice to Article 6, dangerous goods the transport of which is prohibited by Annexes I and II shall not be transported by road.

                                            ê 94/55/EC

2. Save as otherwise provided for in this Directive, the transport of other dangerous goods listed in Annex I  shall  be  authorized  subject  to
compliance with the conditions imposed in Annexes I and II, in particular as regards:

(a)   the packaging and labelling of the goods in question; and

(b)   the construction, equipment and proper operation of the vehicle carrying the goods in question.

                                                                    CHAPTER II

                                                     Derogations, restrictions and exemptions

                                                                    Article 4

                                            ê 94/55/EC (adapted)

Solely for the purposes of national transport  operations  performed  by  vehicles  registered  within  its  territory,  each  Member  State  may
Ö maintain Õ provisions of its national law on the transport of dangerous goods by road which are consistent with the UN Recommendations  on  the
Transport of Dangerous Goods until Annexes I and II to this Directive are revised to reflect those recommendations.

                                            ê 94/55/EC

The Member States concerned shall inform the Commission accordingly.

                                                                    Article 5

                                            ê 94/55/EC (adapted)
                                            è1 2000/61/EC Art. 1 pt. 2(a)

1. Without prejudice to other Community legislation, in particular that on market  access,  each  Member  State  shall  Ö maintain Õ  the  right,
strictly for reasons other than safety during transport, such as reasons of  national  security  or  environmental  protection,  to  regulate  or
prohibit the transport of certain dangerous goods within its territory.

2. Any rules imposed by a Member State on vehicles performing international transport through its territory  and  authorized  è1 by  the  special
provision referred to in  ç Ö Chapter 1.9 of Annex I Õ shall be limited in  scope  locally,  shall  apply  to  both  national  and  international
transport and may not result in any discrimination.

                                            ê 94/55/EC

3. Each Member State may apply more stringent provisions concerning transport, with the exception  of  construction  requirements,  performed  by
vehicles registered or put into circulation within its territory.

                                            ê 2000/61/EC Art. 1 pt. 2(b) (adapted)

Member States in which the ambient temperature is regularly lower than – 20 °C may impose more  stringent  standards  as  regards  the  operating
temperature of materials used for plastic packaging, tanks and their equipment intended for use in the national transport of dangerous  goods  by
road within their territory until provisions on the appropriate reference temperatures for given climatic zones are  incorporated  in  Annexes  I
and II.

                                            ê 94/55/EC

4. If a Member State considers that the safety provisions applicable have been found to be insufficient, on the occasion of  an  accident  or  an
incident, to limit the hazards involved in transport and if there is an urgent need to take action,  it  shall  notify  the  Commission,  at  the
planning stage, of the measures which it proposes to take.

                                            ê 94/55/EC (adapted)

Acting in accordance with the procedure Ö referred to Õ in Article 9 Ö (2) Õ , the Commission shall decide whether the  implementation  of  those
measures should be authorized and determine their duration.

5. Member States may maintain any national provisions applicable on 31 December 1996 with regard to:

                                            ê 94/55/EC

     – the transport of Class 1.1 substances,

     – the transport of toxic, unstable and/or flammable gases of Class 2,

     – the transport of substances containing dioxins or furans,

     – the transport in tanks or tank-containers of more than 3 000 litres of liquids of Classes 3, 4.2, 4.3, 5.1, 6.1 or 8 which do  not  appear
       under (b) or (c) in these classes.

Such provisions may concern only:

     – the prohibition of such transport operations by road where it is possible for them to be carried out by rail or by inland waterway,

     – a requirement to follow certain preferred routes,

     – any other provisions concerning the packaging of substances containing dioxins or furans.

                                            ê 94/55/EC (adapted)

These provisions may not be extended or made more stringent. Member States shall communicate these national provisions to the  Commission,  which
shall inform the other Member States accordingly.

                                                                    Article 6

1. Each Member State may authorize the transport by road within its territory of dangerous goods classified, packaged and labelled in  accordance
with international requirements for maritime or air transport whenever the transport operation involves a sea or air voyage.

2. Any provisions in Annexes I and II concerning the use of languages  in  relevant  marking  or  documentation  shall  not  apply  to  transport
operations confined to the territory of a single Member State. Member States may authorize the use of languages other than those provided for  in
Annexes Ö I and II Õ for transport operations performed within their territories.

                                            ê 2000/61/EC Art. 1 pt. 3(a) (adapted)

3. Within its Ö own Õ territory each Member State may authorise the use of vehicles constructed before 1 January 1997 which  Ö did Õ  not  comply
with Directive Ö 94/55/EC Õ , but were constructed in accordance with national requirements in force on 31  December  1996,  provided  that  such
vehicles are maintained to the required safety levels.

Tanks and vehicles constructed on or after 1 January 1997 which do not comply  with  Annex  II  but  were  constructed  in  accordance  with  the
requirements of Directive Ö 94/55/EC Õ that were applicable on the date of their construction may continue to  be  used  for  national  transport
until a date determined in accordance with the procedure Ö referred to Õ in Article 9(2).

                                            ê 2000/61/EC Art. 1 pt. 3(b) (adapted)
                                            è1 2002/886/EC Art. 1

4. è1  Pressure drums, Ö bundles of cylinders Õ and tanks constructed before 1 July 2003 Ö in compliance with national provisions in force on  31
December 1996 relating to the construction, use and conditions of carriage of new pressure drums and bundles of cylinders within the  meaning  of
the special provision referred to in point 4 of Annex III and new tanks which did not comply with  Annexes  I  and  II Õ  and  other  receptacles
constructed before 1 July 2001 and maintained to the required safety levels may continue to be used under the original conditions. ç

Ö As regards Õ receptacles and tanks for which there are no detailed technical  requirements  or  for  which  no  sufficient  references  to  the
appropriate European standards have been added to Annexes I and II Ö , each Member State may maintain its national  provisions  in  force  on  31
December 1996 relating to the construction, use and conditions of carriage of new pressure drums and bundles of cylinders within the  meaning  of
the special provision referred to in point 4 of Annex III and new tanks which did not comply with Annexes I and II Õ .

The receptacles and tanks referred to in the second subparagraph and the latest date for the application  of  this  Directive  as  regards  those
receptacles and tanks shall be determined in accordance with the procedure Ö referred to Õ in Article 9 (2).

                                            ê 94/55/EC

5. Each Member State may maintain national provisions other than those set out in Annexes I and II with regard to the reference  temperature  for
the transport within its territory of liquified gases or mixtures  of  liquified  gases,  until  provisions  relating  to  appropriate  reference
temperatures for designated climatic areas are incorporated into European standards and references to those standards are added to Annexes I  and
II.

                                            ê 94/55/EC (adapted)
                                            è1 Corrigendum 94/55/EC (OJ L 301, 14.12.1995, p. 47)
                                            è2 2000/61/EC Art. 1 pt. 3(c)

6. Each Member State may allow the use Ö in Õ transport within its territory, Ö for up  to  15  years  after  their  date  of  manufacture, Õ  of
Ö intermediate metal bulk containers and metal drums exceeding 50 litres in capacity Õ constructed but not certified in accordance with  the  ADR
before 1 January 1997, provided that such packaging shows the date of manufacture, is  capable  of  passing  the  tests  laid  down  in  national
legislation in force on 31 December 1996 and Ö is Õ maintained to the relevant safety levels (including testing and  inspection  where  required)
è1  çè2  ç.

7. Each Member State may maintain Ö the Õ provisions of Ö its Õ national legislation in force on 31 December 1996 relating to the display  of  an
emergency action code in place of the hazard identification number provided for in  Annex  II  for  transport  operations  performed  within  its
territory by vehicles registered within that territory.

                                            ê 2000/61/EC Art. 1 pt. 3(d) (adapted)

8. Provided Ö that Õ they Ö have given Õ the Commission advance notification no later than 31 December 2002 or until two  years  after  the  last
date of application of amended versions of Annexes I and II , Member States may adopt provisions that  are  less  stringent  than  those  in  the
Annexes for 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.

Provided Ö that Õ they Ö have given Õ the Commission advance notification no later than 31 December 2002 or until two years after the  last  date
of application of amended versions of Annexes I and II , Member States may adopt provisions different from those  contained  in  the  Annexes  in
respect of local transport limited to their territory.

                                            ê 2000/61/EC Art. 1 pt. 3(d)

The derogations provided for in the first and second subparagraphs shall be applied without discrimination.

                                            ê 2000/61/EC Art. 1 pt. 3(d) (adapted)

Notwithstanding the Ö first, second and third  subparagraphs Õ  ,  Member  States  may,  provided  Ö that Õ  they  give  the  Commission  advance
notification, at any time adopt provisions similar to provisions adopted by other Member States with reference to this paragraph.

The Commission shall examine whether the conditions laid down in this paragraph have been met and shall decide, in accordance with the  procedure
Ö referred to Õ in Article 9(2), whether the Member States concerned may adopt these derogations.

                                            ê 94/55/EC (adapted)
                                            è1 2000/61/EC Art. 1 pt. 3(e)

9. Provided that safety is not compromised, Member States may grant temporary derogations from Annexes I and II for the purpose of  carrying  out
within their territories the trials necessary before the amendment of those Annexes to adapt them to technological and  industrial  developments.
The Commission shall be informed thereof and shall inform the other Member States accordingly.

A temporary derogation agreed on between Member States' competent authorities on the basis  è1 of  the  special  provisions  referred  to  in   ç
Ö Chapter 1.5 of Annex I Õ shall take the form of a multilateral agreement proposed to all Member States' competent authorities by the  authority
taking the initiative in respect of the agreement. The Commission shall be informed accordingly.

                                            ê 94/55/EC

Any derogation such as referred to in the first and second subparagraphs shall be applied without discrimination on grounds  of  the  nationality
or the place of establishment of the consignor, haulier or consignee; they may last for up to five years and shall not be renewable.

                                            ê 2000/61/EC Art. 1 pt. 3(f) (adapted)

10. Member States may issue authorisations, valid for their territory only, to carry out ad hoc transport operations  of  dangerous  goods  which
are either prohibited by Annex I or II or are performed under conditions different from those laid down  in  those  Annexes,  on  condition  that
these ad hoc transport operations are clearly defined and limited in time.

                                            ê 94/55/EC (adapted)
                                            è1 2000/61/EC Art. 1 pt. 3(g)

è2 2000/61/EC Art. 1 pt. 4

è1  ç

                                                                    Article 7

Subject to national or Community provisions on market access, vehicles registered or  put  into  circulation  in  Ö third Õ  countries  shall  be
authorized to perform the international transport of dangerous goods within the Community if the transport in question complies with the ADR.

                                                                   CHAPTER III

                                                                 Final provisions

                                                                    Article 8

The amendments necessary to adapt Annexes è2 I, II and III ç to scientific and technical progress in the fields  covered  by  this  Directive  in
order to take account of amendments to the Annexes to the ADR shall be adopted in accordance with the procedure  Ö referred  to Õ  in  Article  9
(2).

                                            ê 2000/61/EC Art. 1 pt. 5 (adapted)

                                                                    Article 9

1. The Commission shall be assisted by Ö the Õ ‘Committee on the transport of dangerous goods’.

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

                                            ê 2000/61/EC Art. 1 pt. 5

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

3. The Committee shall adopt its rules of procedure.

                                            ê 94/55/EC (adapted)

                                                                    Article 10

Member States shall communicate to the Commission the texts of the main provisions of national law Ö adopted Õ in  the  field  governed  by  this
Directive.

                                                                    Article 11

Directive Ö 94/55/EC, as amended by the Acts listed in Annex IV, Part A, Õ is repealed Ö , without prejudice to the  obligations  of  the  Member
States relating to the time-limits Õ for transposition into national Ö law of the Directives set out in Annex IV, Part B Õ .

                                            ê 

References to the repealed Directive shall be construed as references to this Directive and shall be read  in  accordance  with  the  correlation
table in Annex V.

                                                                    Article 12

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

                                            ê 94/55/EC

                                                                    Article 13

This Directive is addressed to the Member States.

Done at Brussels, […]

For the European Parliament  For the Council
The President    The President
[…]   […]

                                            ê 2004/111/EC Art. 1 pt. 1

                                                                     ANNEX I

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 2005, it being understood that ‘contracting party’ is replaced by ‘Member State’.

The text of the amendments of the 2005 version of Annex A to the ADR will be published as soon as it is available in all  official  languages  of
the Community.

                                                                 _______________

                                            ê 2004/111/EC Art. 1 pt. 2

                                                                     ANNEX II

Provisions of Annex B to the European Agreement on the international carriage of dangerous goods by road (ADR), as applicable with effect from  1
January 2005, it being understood that ‘contracting party’ is replaced by ‘Member State’.

The text of the amendments of the 2005 version of Annex B to the ADR will be published as soon as it is available in all  official  languages  of
the Community.

                                                                 _______________

                                            ê 2000/61/EC Art. 1 pt. 6 and Annex

                                                                    ANNEX III

                                        Special provisions relating to certain Articles of this Directive

1.    The national transport operations referred to in Article 1(2)(c) are as follows:

       (i)  explosive substances and articles in Class 1, where the quantity of explosive substance contained per transport unit exceeds:

              – 1 000 kg for division 1.1, or

              – 3 000 kg for division 1.2, or

              – 5 000 kg for divisions 1.3 and 1.5;

       (ii) the following substances in tanks or in tank containers of a total capacity exceeding 3 000 litres:

              – substances in Class 2: gas assigned to the following risk groups: F, T, TF, TC, TO, TFC, TOC;

              – substances in Classes 3, 4.1, 4.2, 4.3, 5.1, 5.2, 6.1 and 8: substances not listed under (b) or (c) in those  classes  or  listed
                therein but having a hazard code with three or more significant digits (not including any zero);

       (iii)      the following packages of Class 7 (radioactive materials): packages of fissile materials, packages of type B  (U),  package  of
           type B (M).

                                            ê 2000/61/EC Art. 1 pt. 6 and Annex (adapted)
                                            è1 2003/28/EC Art. 1 pt. 3 and Annex pt. 2

2.    The special provision applicable to Article 6(4) è1 consists of the definitions of ‘cylinder’, ‘tube’, ‘pressure drum’, ‘cryogenic  vessel’
       and ‘ Ö bundle of cylinders Õ’ given in point 1.2.1 of Annex I ç.

                                                                 _______________

                                            é

                                                                     ANNEX IV

                                                                      Part A

                                                Repealed Directive with its successive amendments
                                                           (referred to in Article 11)

|Council Directive 94/55/EC                                         |(OJ L 319, 12.12.1994, p. 7)                                      |
|Annexes A and B to Council Directive 94/55/EC                            |(OJ L 275, 28.10.1996, p. 1)                         |
|Commission Directive 96/86/EC                                            |(OJ L 335, 24.12.1996, p. 43)                        |
|Amendments to Annexes A and B of Council Directive 94/55/EC as announced |(OJ L 251, 15.9.1997, p. 1)                          |
|in Commission Directive 96/86/EC                                         |                                                     |
|Commission Directive 1999/47/EC                                          |(OJ L 169, 5.7.1999, p. 1)                           |
|Directive 2000/61/EC of the European Parliament and of the Council       |(OJ L 279, 1.11.2000, p. 40)                         |
|Commission Directive 2001/7/EC                                           |(OJ L 30, 1.2.2001, p. 43)                           |
|Commission Decision 2002/886/EC                                          |(OJ L 308, 9.11.2002, p. 45)                         |
|Commission Directive 2003/28/EC                                          |(OJ L 90, 8.4.2003, p. 45)                           |
|Annexes A and B to Council Directive 94/55/EC as announced in Commission |(OJ L 18, 26.1.2004, p. 1)                           |
|Directive 2001/7/EC                                                      |                                                     |
|Commission Directive 2004/111/EC                                         |(OJ L 365, 10.12.2004, p. 25)                        |

                                                                      Part B

                                             List of time-limits for transposition into national law
                                                           (referred to in Article 11)

|Directive                                                          |Time-limit for transposition                                     |
|Directive 94/55/EC                                                 |31 December 1996                                                 |
|Directive 96/86/EC                                                 |31 December 1996                                                 |
|Directive 1999/47/EC                                               |30 June 1999                                                     |
|Directive 2000/61/EC                                               |30 April 2001                                                    |
|Directive 2001/7/EC                                                |31 December 2001[14]                                             |
|                                                                   |31 December 2002[15]                                             |
|Directive 2003/28/EC                                               |1 July 2003                                                      |
|Directive 2004/111/EC                                              |1 July 2005                                                      |

                                                                  _____________

                                                                     ANNEX V

                                                                Correlation Table

|Directive 94/55/EC                                                 |This Directive                                                   |
|Article 1(1), first sentence                                       |Article 1(1), first subparagraph                                 |
|Article 1(1), second sentence                                      |Article 1(1), second subparagraph                                |
|Article 1(2), first subparagraph, introductory words               |Article 1(2), first subparagraph, introductory words             |
|Article 1(2), first subparagraph, point (a)                        |Article 1(2), first subparagraph, point (a)                      |
|Article 1(2), first subparagraph, point (b)                        |Article 1(2), first subparagraph, point (b)                      |
|Article 1(2), first subparagraph, point (c), first subparagraph    |Article 1(2), first subparagraph, point (c)                      |
|Article 1(2), first subparagraph, point (c), second and third      |-                                                                |
|subparagraph                                                       |                                                                 |
|Article 1(2), first subparagraph, point (c), third subparagraph    |Article 1(2), fifth subparagraph                                 |
|Article 1(2), second, third and fourth subparagraph                |Article 1(2), second, third and fourth subparagraph              |
|Article 2, introductory words                                      |Article 2, introductory words                                    |
|Article 2, first indent                                            |Article 2(a)                                                     |
|Article 2, second indent                                           |Article 2(b)                                                     |
|Article 2, third indent                                            |Article 2(c)                                                     |
|Article 2, fourth indent                                           |Article 2(d)                                                     |
|Article 3                                                          |Article 3                                                        |
|Article 4, first sentence                                          |Article 4, first subparagraph                                    |
|Article 4, second sentence                                         |Article 4, second subparagraph                                   |
|Article 5(1)                                                       |Article 5(1)                                                     |
|Article 5(2)                                                       |Article 5(2)                                                     |
|Article 5(3)(a)                                                    |Article 5(3), first subparagraph                                 |
|Article 5(3)(b)                                                    |-                                                                |
|Article 5(3)(c)                                                    |Article 5(3), second subparagraph                                |
|Article 5(4), first sentence                                       |Article 5(4), first subparagraph                                 |
|Article 5(4), second sentence                                      |Article 5(4), second subparagraph                                |
|Article 5(5)                                                       |Article 5(5)                                                     |
|Article 6(1) to (6)                                                |Article 6(1) to (6)                                              |
|Article 6(7)                                                       |-                                                                |
|Article 6(8)                                                       |Article 6(7)                                                     |
|Article 6(9)                                                       |Article 6(8)                                                     |
|Article 6(10)                                                      |Article 6(9)                                                     |
|Article 6(11)                                                      |Article 6(10)                                                    |
|Article 6(12)                                                      |-                                                                |
|Articles 7, 8 and 9                                                |Articles 7, 8 and 9                                              |
|Article 10(1)                                                      |-                                                                |
|Article 10(2)                                                      |Article 10                                                       |
|Article 11(1)                                                      |Article 11, first subparagraph                                   |
|Article 11(2)                                                      |-                                                                |
|-                                                                  |Article 11, second subparagraph                                  |
|-                                                                  |Article 12                                                       |
|Article 12                                                         |Article 13                                                       |
|Annex A                                                            |Annex I                                                          |
|Annex B                                                            |Annex II                                                         |
|Annex C                                                            |Annex III                                                        |
|-                                                                  |Annex IV                                                         |
|-                                                                  |Annex V                                                          |

                                                                  _____________

                                                             -----------------------
[1]   COM(87) 868 PV.
[2]   See Annex 3 to Part A of the Conclusions.
[3]   Carried out pursuant to the Communication from the Commission to the European Parliament and the  Council  –  Codification  of  the  Acquis
      communautaire, COM(2001) 645 final.
[4]   See Annex IV, Part A of this proposal.
[5]   OJ C […], […], p. […].
[6]   OJ C […], […], p. […].
[7]   OJ C […], […], p. […].
[8]   OJ L 319, 12.12.1994, p. 7. Directive as last amended by Commission Directive 2004/111/EC (OJ L 365, 10.12.2004, p. 25).
[9]   See Annex IV, Part A.
[10]  OJ L 117, 8.5.1990, p. 1. Ö Directive as last amended by Commission Decision 2005/174/EC (OJ L 59, 5.3.2005, p. 20). Õ
[11]  OJ L 106, 17.4.2001 p. 1. Directive as last amended by Regulation (EC) No 1830/2003 (OJ L 268, 18.10.2003, p. 24).
[12]  OJ L 262, 17.10.2000, p. 21.
[13]  OJ L 184, 17.7.1999, p. 23.
[14]  Concerning dangerous goods of class 7, as provided for by Article 2(1), first subparagraph of Directive 2001/7/EC.
[15]  Concerning dangerous goods of other classes, as provided for by Article 2(1), first subparagraph of Directive 2001/7/EC.