CELEX: 51995PC0424
Language: en
Date: 1995-09-14
Title: Amended proposal for a COUNCIL DIRECTIVE on the approximation of the laws of the Members States with regard to the transport of dangerous goods by rail

COMMISSION OF THE EUROPEAN COMMUNITIES
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 it it
                                             Brussel, 14.09.1995
                                             COM(95) 424 final
                                             94/0284 (SYN)
                          Amended proposal for a
                          COUNCIL DIRECTIVE
                  on the approximation of the laws of the
                      Member States with regard to the
                    transport of dangerous goods by rail
        (presented by the Commission pursuant to Article 189 a (2)
                             of the EC-Treaty)
 ---pagebreak---  ---pagebreak---                                     Explanatory memorandum
  Subject : Amendment to the proposal for a Council Directive on the approximation of the
               laws of Member States with regard to the transport of dangerous goods by rail
  Background
  Both the European Parliament's1 and the Economic and Social Committee's2 reports on the
  proposal are supportive of the initiative. The following amendment to its original proposal
  can be accepted by the Commission.
  The final amendment, accepted by the Commission, allows Member States who are currently
  involved in rail transport operations with states of the former Soviet Union to continue to do
  so, where the conditions of transport do not fully comply with the requirements of the Annex
  but are of an equivalent level of safety.
  The remaining 4 amendments were considered inappropriate for incorporation in the text.
  Amendment 1 which would require all consignments of dangerous goods by rail to be subject
  to a prior notification procedure was considered over-bureaucratic with no obvious increase
  in safety.
  The second amendment, requiring a total prohibition on transport of dangerous goods on
  trains carrying members of the public, even in small quantities, would create difficulties in
  practice for certain Member States and on branch lines.
  Amendment 3 is misplaced in an Article that allows only for stricter provisions and
  furthermore gives derogations to sections of the railway which should have no problem
  meeting the Annex.
  The 4th amendment would allow for the persistence of barriers to trade with regard to
  construction standards.
#
          O.J.
 ---pagebreak---                                        Amended proposal for a
                                       COUNCIL DIRECTIVE
                     on the approximation of the laws of the Member States with
                          regard to the transport of dangerous goods by rail
The proposal from the Commission forming the subject of document COM(94)573 final3 is hereby
amended as follows :
     Initial text proposed by the Commission                          Amended text
                                             (Amendment)
                                               Article 7
  Subject to national or Community provisions         L Subject to national or Community
  on market access, the transport of dangerous           provisions on market access, the
  goods by rail between Community territory              transport of dangerous goods by rail
  and third countries shall be in accordance             between Community territory and third
  with the requirements of the RID.                      countries shall be in accordance with the
                                                         requirements of the RID.
                                                      2+ This Directive shall not affect the right of
                                                         any Member State to adopt rules
                                                         governing the transport on its territory of
                                                         dangerous goods by rail from or to the
                                                         states of the former Soviet Union which
                                                         are not Contracting Parties to the COTIF.
                                                         Such rules shall apply only to the
                                                         carriage of dangerous goods as part-load
                                                         consignments, in hulk or in tanks by
                                                         means of rail wagons approved for rail
                                                         transport in a state which is not a
                                                         Contracting Party to the COTIF.
                                                         Germany. Finland and Austria shall
                                                         ensure, by adopting appropriate measures
                                                         and conditions, that a standard of safety
                                                         equivalent to that provided for by the
                                                         RID is maintained. In Germany and
                                                          Austria, the provisions of this paragraph
                                                          shall apply only to tank wagons.
                                       Remainder unchanged.
         O.J. C 389, 31.12.1994, p. 15              3
 ---pagebreak---  ---pagebreak---                                                                    ISSN 0254-1475
                                                             COM(95) 424 final
                                              DOCUMENTS
EN                                                                            07
                                     Catalogue number : CB-CO-95-463-EN-C
                                                              ISBN 92-77-93325-9
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