CELEX: 51998PC0803
Language: en
Date: 1998-12-23
Title: Amended proposal for a Council Directive on the harmonisation of examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland waterways

C 52/16             EN               Official Journal of the European Communities                                23.2.1999
            Amended proposal for a Council Directive on the harmonisation of examination requirements
            for safety advisers for the transport of dangerous goods by road, rail or inland waterwaysØ(Î)
                                                     (1999/C 52/11)
                                                 (Text with EEA relevance)
                                         COM(1998) 803 final — 98/0106(SYN)
            (Submitted by the Commission pursuant to Article 189a(2) of the EC Treaty on 23 December
                                                           1998)
            (Î)ÙOJ C 148, 14.5.1998, p. 21.
                      ORIGINAL TEXT                                                    AMENDED TEXT
                                                     (Amendment 1)
                                                       Article 1(2)
Member States shall take all necessary and appropriate           Member States shall take all necessary and appropriate
measures to ensure that safety advisers are examined in          measures to ensure that safety advisers for the transport
conformity with the requirements provided by the                 of dangerous goods are examined in conformity at least
present Directive.                                               with the requirements provided by the present Directive.
                                                     (Amendment 2)
                                                       Article 3(2)
In the examination, the candidates shall demonstrate that        In the examination, the candidates shall demonstrate that
they have sufficient knowledge to be awarded the                 they have sufficient knowledge to be capable of fulfilling
vocational certificate.                                          the tasks of an adviser in an undertaking whose activity
                                                                 includes the transport of dangerous goods or the loading
                                                                 and unloading connected with such transport.
                                                     (Amendment 4)
                                                       Article 3(4)
The examination shall take the form of a written exam-           The examination shall take the form of a written exam-
ination.                                                         ination, but may be supplemented by an oral element.
                                                     (Amendment 5)
                                                      Article 3(5)(a)
(a)ÙEach candidate shall be asked questions on the               (a)ÙQuestions shall be set on the subject matters listed in
    subject matters covered by Annex II of Directive                  Annex II of Directive 96/35/EC, the requirements
    96/35/EC as follows:                                              being as follows:
    1.ÙThree questions on each subject listed below:                  1.ÙAt least three questions on each subject listed
                                                                         below:
       —ÙGeneral preventative and safety measures,                       —ÙGeneral preventative and safety measures,
 ---pagebreak--- 23.2.1999           EN               Official Journal of the European Communities                                C 52/17
                      ORIGINAL TEXT                                                  AMENDED TEXT
       —ÙThe classification of dangerous goods,                       —ÙThe classification of dangerous goods,
       —ÙGeneral packaging requirements, to include                   —ÙGeneral packaging requirements, to include
          tankers, tank-containers, tank-wagons, etc.,                    tankers, tank-containers, tank-wagons, etc.,
       —ÙDanger markings and labels,                                  —ÙDanger markings and labels,
       —ÙReferences in transport documents,                           —ÙReferences in transport documents,
       —ÙHandling and stowage,                                        —ÙHandling and stowage,
       —ÙCrews: vocational training,                                  —ÙCrews: vocational training,
       —ÙVehicle papers, means of transport certificates,             —ÙVehicle papers, means of transport certificates,
       —ÙSafety instructions,                                         —ÙSafety instructions,
       —ÙRequirements relating to transport equipment.                —ÙRequirements relating to transport equipment.
    2.ÙTwo questions on each subject listed below:                 2.ÙAt least two questions on each subject listed
                                                                      below:
       —ÙThe method of consignment and restrictions                   —ÙThe method of consignment and restrictions
          on dispatch,                                                    on dispatch,
       —ÙProhibitions and precautions relating to mixed               —ÙProhibitions and precautions relating to mixed
          loading,                                                        loading,
       —ÙThe segregation of substances,                               —ÙThe segregation of substances,
       —ÙLimits on the quantities carried and exempted                —ÙLimits on the quantities carried and exempted
          quantities,                                                     quantities,
       —ÙCleaning and/or degassing before loading and                 —ÙCleaning and/or degassing before loading and
          after unloading,                                                after unloading,
       —ÙTraffic and/or navigation regulations and                    —ÙTraffic and/or navigation regulations and
          restrictions,                                                   restrictions,
       —ÙOperational     and  accidental    discharges  of            —ÙOperational     and   accidental  discharges   of
          pollutants.                                                     pollutants.
    3.ÙOne question on each subject listed below:                  3.ÙAt least one question on each subject listed below:
       —ÙThe transport of passengers,                                 —ÙThe transport of passengers,
       —ÙSurveillance of obligations: parking.                        —ÙSurveillance of obligations: parking.
 ---pagebreak--- C 52/18             EN                 Official Journal of the European Communities                                 23.2.1999
                      ORIGINAL TEXT                                                      AMENDED TEXT
                                                       (Amendment 7)
                                                         Article 4(1)
1.ÚÙNotwithstanding Article 3 paragraph 5, Member                  1.ÚÙNotwithstanding Article 3 paragraph 5, Member
States may provide that avisers working for undertakings           States may provide that candidates wishing to work as
as defined in Article 2 whose activities are concerned             advisers for undertakings as defined in Article 2 whose
only with specific dangerous goods, namely Class 1                 activities are concerned only with specific dangerous
(explosives), Class 2 (gases), Class 7 (radioactive                goods shall be tested, in accordance with Annex II of
material) or mineral oil products (UN numbers 1202,                Directive 96/35/EC only on the subject matters related
1203, 1223), shall be tested, in accordance with Annex II          to their activities.
of Directive 96/35/EC only on the subject matters
related to their activities. The EC certificate of training        The types of goods concerned are as follows:
issued in accordance with Annex III of Directive
                                                                   —ÙClass 1: Explosives,
96/35/EC will clearly indicate that it is valid only for the
specific dangerous goods in accordance with this Article           —ÙClass 2: Gases,
for which the adviser has been examined.
                                                                   —ÙClass 7: Radioactive material,
                                                                   —ÙMineral oil products (UN Numbers 1202, 1203,
                                                                       1223),
                                                                   —ÙClasses 3, 4, 5, 6, 8 and 9: Solids and liquids.
                                                                   The EC certificate of training issued in acordance with
                                                                   Annex III of Directive 96/35/EC will clearly indicate
                                                                   that it is valid only for the specific dangerous goods in
                                                                   accordance with this Article for which the adviser has
                                                                   been examined.
                                                       (Amendment 9)
                                                           Article 7
Member States shall assist one another in the implemen-            Member States shall assist one another in the implemen-
tation of this Directive and shall exchange information            tation of this Directive by forwarding to the
on the catalogue of questions, as referred to in Article 3         Commission, at regular intervals, on the catalogue of
paragraph 3.                                                       questions, as referred to in Article 3 paragraph 3. The
                                                                   Commission shall inform the other Member States
                                                                   thereof.
                                                      (Amendment 10)
                                                         Article 9(3)
Member States shall lay down the system of penalties for           Member States shall lay down the system of penalties for
breaching the national provisions adopted pursuant to              breaching the national provisions adopted pursuant to
this Directive and shall take all the measures necessary to        this Directive and shall take all the measures necessary to
ensure that those penalties are applied. The penalties             ensure that those penalties are applied. The penalties
thus provided for shall be effective, proportionate and            thus provided for shall be effective, proportionate and
dissuasive. Member States shall notify the relevant                dissuasive. Member States shall notify the relevant
provisions to the Commission not later than 30 June                provisions to the Commission not later than 30 June
1998 and shall notify any subsequent changes as soon as            1999 and shall notify any subsequent changes as soon as
possible.                                                          possible.