CELEX: 51993PC0548
Language: en
Date: 1993-11-24
Title: Proposal for a Council Directive on the approximation of the laws of Member States with regard to the transport of dangerous goods by road

COMVIISSION OF THE EUROPEAN COMV1UNITIES
                                           COM(93) 548 final - SYN 477
                                           Brussels, 24 November 1993
          Proposa, for a council Directly, on the approximation
   " t„. lmm of ^      sutes w|th regard to the transport ^    ^ ^
                              goods by road
                   (presented by the Commission)
 ---pagebreak---                            _ £ * >, - 4 -
                             EXPLANATORY MEMORANDUM
A. General
Current situation
Dangerous goods are subject to detailed national and international
regulations directed towards ensuring by law that these goods are carried
under optimum conditions as regards the safety of persons, property and the
envi ronment.
Each year the volume and range of dangerous goods carried within the
Community, in particular by road, increases, with a number of accidents
focussing particular attention on this form of transport.
All Member States of the Community , except Ireland, are contracting parties
to the European Agreement concerning the International Carriage of Dangerous
Goods by Road (ADR), which sets down uniform rules for the international
transport of these goods by road.
Alongside the ADR, the international transport of dangerous goods by road
between the contracting parties is regulated by numerous bilateral
agreements.
At national level rules have developed in a diverse manner. As there is as
yet no comprehensive Community legislation in place, it would be in line
with Community strategy in the context of the Single Market to require the
same established international rules in national transport in order to
achieve harmonisation of the conditions for transport of dangerous goods by
road throughout the Community, concurrently ensuring a sufficiently high
level of protection and safety.
Already the Commission has been active in developing proposals on the
transport of dangerous goods in line with its principle of plugging the
gaps, where these exist, in existing international legislation. In this
context the Council has adopted Directive 89/684/EEC^ 1 ) on vocational
training for certain drivers of vehicles carrying dangerous goods by road.
B. Justification for action at Community   level
 I. Subsidiari ty
    (a)   What are the objectives of the proposed action in relation to the
          Community's obligations?
           In seeking to harmonise rules on the transport of dangerous goods
          within, as well as between, Member States, it is intended that an
          acceptable level of safety in this form of transport will be
          ensured.
(1)    OJ No. L 398, 30.12.89, p. 33
 ---pagebreak---                                - 5
    Moreover, it is envisaged that a harmonisation of rules at national
    level will lead to a single market in the provision of transport
    services with regard to the transport of dangerous goods within the
    Community. Moreover, such a harmonisation would remove existing
    obstacles to free movement of goods between Member States as far as
    transport equipment (vehicles, cylinders, tanks, packaging, safety
    devices) are concerned.
(b) Does competence for the planned activity lie solely with the
    Community or is it shared with the Member States?
    Shared competence.
    Article 75, paragraph 1(c)
(c) What is the Community dimension of the problem (for example, how
    many Member States are involved and what solution has been used up
    to now)?
    All Member States, except Ireland, are already signatory to the ADR
    Agreement on the international transport of dangerous goods by road
    and all Member States, without exception, have national rules more
    or less based on those applied in international transport.
    Nevertheless, conditions under which dangerous goods are
    transported at national level vary from one Member State to
    another. Such divergences as do exist constitute an obstacle to
    free provision of transport services and, moreover, to free
    movement of transport equipment within the Community. Moreover,
    differing interpretations of existing national rules might lead to
    a lowering of transport safety.
(d) What is the most effective solution taking into account the means
    available to the Community and those of the Member States?
    All Member States, except Ireland, are already Contracting Parties
    to the ADR Agreement for the purposes of international transport.
    However, a very large number of bilateral or multilateral
    agreements provide for derogations to ADR rules which impair the
    uniform character of those rules. At national level rules on the
    transport of dangerous goods exist and are, to a greater or lesser
    extent, based on international rules. Nevertheless, these national
    rules remain different in each Member State, although gradual
    alignment with the international rules is emerging. The Commission
    has a role to play in coordinating these harmonisation efforts and
    this is the aim of such a proposal. Moreover, by bringing existing
    dangerous goods transport rules into Community legislation, the
    Commission will be more able to ensure coherence between these
    rules and other related aspects of Community legislation.
 ---pagebreak---                                      - 6 -
   (e)   What real added value will the activity proposed by the Community
         provide and what would be the cost of inaction?
         The added value of this proposal for the Community will be greater
         clarity through the application of uniform provisions Community-
         wide, a commonly agreed and acceptable level of safety, the freedom
         of provision of transport operations as well as an enlarged, open
         market for products and transport equipment. Costs of inaction
         would be the persistance of obstacles to free provision of
         transport services caused by diverging national legislations and
         international agreements.
   (f)   What forms of action are available to the Community
         (recommendation, financial support, regulation, mutual  recognition,
         etc ...)?
         It is considered that a Directive is the best means available of
         achieving the goal of uniform national requirements in this field,
         which is already regulated to some degree by Member States. A
         Directive would allow the flexibility of amending existing national
         rules rather than abandonning these for a regulation. A
         recommendation is considered insufficient for a transport sector
         which constitutes around 15% of all freight movements in the
         Community and which, by its very nature, might have considerable
          implications for safety. Financial support would clearly be
          inadequate.
   (g)    Is it necessary to have a uniform regulation or is a directive
         setting out the general objectives sufficient, leaving
          implementation at the level of the Member States?
         The nature of the ADR Agreement as it exists at present is complex
         and detailed in its technical provisions. It is not the
         Community's intention to further complicate these rules by
         developing additional requirements, but rather, as far as possible
         to take the existing ADR for international transport and transpose
         this additionally into national law.
II. Harmonisation of conditions
Most national rules are more or less aligned with the existing international
recommendations or regulations but certain conditions under which dangerous
goods are carried at national level differ from one Member State to another.
Divergences between the national regulations constitute an obstacle to free
provision of transport services around the Community and there are also
differing interpretations of existing international rules. This situation
requires the introduction of Community legislation ensuring harmonised
rules.
 ---pagebreak---                                        7 -
Moreover, at present and under the terms of the ADR, Member States conclude,
on a bilateral basis, agreements derogating from the ADR. The number of
existing Agreements is large and the nature of these creates distortion in
the provision of transport services. The availability of a Committee to
adapt this proposal to scientific and technological progress should overcome
the need for such derogations.
Coherence with other Community bolicies
Whilst reflecting as far as possible existing international legislation on
the transport of dangerous goods by road, this proposal has the additional
aim of coherence with Community policies. In particular, technical
requirements for vehicles specially adapted and equipped for the transport
of dangerous goods by road have been framed against the background of
existing Community legislation for vehicles in Council Directive
70/156/EEC(1>, as last amended by Council Directive 92/53/EEC<2), with
the aim of ensuring free movement of vehicles across Community territory.
Pending the adoption of this proposal, a new separate Directive in the
framework of Council Directive 92/53/EEC will be proposed, which will cross-
refer to this proposal in its adopted form (the Annexes to this Directive
containing the Annexes to the ADR where technical requirements for vehicles
are covered). In that way specific supplementary technical requirements
for vehicles transporting dangerous goods will become a part of Community
 legislation. All vehicles specifically adapted for this type of transport
will anyway have to meet the technical requirements of all the relevant
separate Directives as prescribed in Annex IV of Council Directive
70/156/EEC, as last amended by Council Directive 92/53/EEC.
 In addition, Council Directives 90/219/EEC<3), 90/220/EEC<4) and
90/679/EEC(5) on the contained use and deliberate release of, as well as
protection of workers from, biological agents and genetically modified
organisms, do not seek to cover the conditions under which these are
transported. Currently this is only covered in international transport
legislation and it is proposed, by way of this proposal, to require the
same safety provisions in the national transport of these substances by
road.
In terms of safety of workers in the transport of dangerous goods, the
Council has already adopted Directive 89/391/EEC^6^ on measures for
improvements in the safety and health of workers. Two further proposals for
Directives have been submitted to the Council for adoption, concerning
minimum safety and health requirements for transport activities and
workplaces on means of transport*7), and protection of workers from risks
related to chemical agents*8^.
(1)    OJ No L 42, 23.2.70, p.1
(2)    OJ No L 225, 10.8.92, p.1
(3)    OJ No L 117, 8.5.90, p.1
(4)    OJ No L 117, 8.5.90, p.15
(5)    OJ No L 374, 31.12.90, p.1
(6)    0J No L 183, 29.6.89, p.1
(7)    OJ No C 25, 28.1.93, p.17
(8)    OJ No C 165, 16.6.93, p.4
 ---pagebreak---                                      - 8 -
The Council agreed upon arrangements*1) for IiberaI izin-j cabotage
operations for road transport at its meeting of 19 June 1993 which \ay down
a definitive system regulating the conditions under which non-resident
carriers may operate national road haulage services within a Member State
(cabotage). Although under this system national rules on technical
standards governing the construction and equipment of road vehicles
applicable in the host Member State cannot impose restrictions on vehicles
which comply with Community or international rules concerning technical
construction and equipment requirements, other, non-technical, requirements
can be imposed. Moreover, in such a situation, different rules would apply
to resident and non-resident Community hauliers, which would lead to
distortions of competition. Therefore, the introduction of uniform rules
governing the transport of dangerous goods by road would complement the
establishment of a final cabotage regime, securing the Council's legal
obligation to introduce complete freedom to provide transport services, as
laid down in the Treaty.
The Community has adopted Council Regulation (EEC) 4060/89* 2 ), as amended
by Council Regulations (EEC) 3356/91(3> and (EEC) 3912/92* 4 ), on the
removal of border controls for international transport of dangerous goods in
accordance with the ADR Agreement.
The abolition of existing infrastructure for checking vehicles carrying
dangerous goods at internal frontiers of the Community will require that
adequate and common standards of safety in this transport are laid down to
be complied with by all Member States in a single market.
The Council Directive 67/548/EEC*5) on the classification, packaging and
 labelling of dangerous substances lays down rules for the classification,
packaging and labelling of dangerous substances and preparations which are
placed on the market. These rules differ from the rules for the
classification as contained in Annex A of this proposal, which have been
decided on the basis of the UN system of classification of dangerous goods.
The Commission, in accordance with its undertaking and that of Member
States, under the long term goals set under Agenda 21 - Chapter 19 of the
UNCED Conference in Rio de Janeiro in June 1992, will work actively within
the various UN organisations, e.g. the responsible UN transport bodies, to
harmonize the two classification systems.
C. Scope of the probosal
 It is not the intention of this proposal for a Directive, in harmonising
existing requirements in Member States throughout the Community, to lower
the level of safety required for the transport of dangerous goods. Such
safety should be maintained at as high a level as possible and this is
achieved by reflecting amendments adopted in the regular updating of the ADR
and United Nations Recommendations on the Transport of Dangerous Goods which
aim to reach the highest possible acceptable levels of safety. This
proposed Directive should be provided with the opportunity to take account
of these amendments, by way of the Committee procedure provided for in
Articles 8 and 9. Moreover, as and when European standards are developed on
the technical aspects of the transport of dangerous goods, these new
standards should be reflected in revisions to the proposal, through the
Committee procedure provided for.
(1)    Council Decision of 19 June 1993
(2)    OJ No L 390, 30.12.89, p.18
(3)    OJ No L 318, 20.11.91, p.1
(4)    OJ No L 395, 31.12.92, p.6
(5)    OJ No 196, 16.8.1967, p.1
 ---pagebreak---                                      - 9 -
Furthermore, given the special nature of this transport, it should be made
possible in this proposal that Member States be allowed to provide for
additional laws which meet specific requirements in respect of the transport
of dangerous goods, for reasons other than safety - e.g. environment,
national security - while ensuring that the effects of such an option do not
run counter to the objectives of the Treaty, particularly with regard to the
setting up of a common area without internal frontiers. Where applied, such
restrictions should be notified to the Commission.
 In seeking to apply uniform provisions throughout the Community, thereby
eliminating obstacles to the free movement of goods between Member States
and creating a single market in the provision of transport services with
regard to the transport of dangerous goods within the Community, it is
considered that certain benefits would accrue from this proposal for
businesses involved in the transport sector, particularly transport
operators.
This proposal does not address the issue of controls, which the Commission
intends to cover in a separate Community instrument.
D. Contents of the Proposal
Article 1 determines the scope of this proposal. Excluded from scope are
postal consignments as well as vehicles used for the transport of dangerous
goods under the control of the armed forces of a Member State. An additional
paragraph confirms that existing and future Community legislation on worker
safety, construction of vehicles and environmental protection shall be
respected.
Article 2 defines the main terms used in the proposal. It is proposed that
the definition of dangerous goods covered by this proposal is that provided
for in the Annexes, originally taken from the European Agreement concerning
the International Carriage of Dangerous Goods by Road (ADR), as amended.
This definition of dangerous goods is already used in international
transport of dangerous goods by road in Europe and in most Member States'
national law. In so far as the ADR Agreement is likely to be amended
subsequently to align with the multimodal United Nations Recommendations on
the Transport of Dangerous Goods, the Annexes to this proposal will likewise
be amended to reflect changes to these Recommendations.
The definition of vehicle has been taken from Council Directive 92/53/EEC
concerning vehicle type approval, in order to ensure coherence between this
proposal and existing Community legislation. While the definition given
might be slightly more restrictive in scope than that given in the ADR
Agreement, it is considered to cover most 'normal' transports. Other types
of vehicle not covered by the definition given in this proposal may be
regulated by Member States in their national legislation.
 ---pagebreak---                                    - 10 -
Article 3 regulates the conditions under which dangerous goods are
authorised for carriage both in packages and in bulk and covers the
prohibitions from transport for certain goods.
The purpose of Article 4 is to allow Member States to retain national
standards where these national rules are compatible with the multimodal
United Nations Recommendations on the Transport of Dangerous Goods, with
which the ADR is gradually being harmonised, so that this state of events
will have a temporary character.
Articles 5 and 6 provide for instances in existing national legislation
where rules on the transport of dangerous goods might be more, or less,
stringent for certain goods and for specific purposes. Such instances
should be notified to the Commission.
Article 5, paragraph 1 reproduces the existing exemption under the ADR
Agreement for international transport, whereby Member States are free to
prohibit or regulate the transport of certain dangerous goods on their
territory for reasons other than safety. Justifiable grounds for a stricter
regulation or prohibition might be environmental or reasons of national
security. Examples would be restrictions on dangerous goods transport in
environmentally sensitive areas or prohibitions on the transport of
explosives for reasons of national security.
Paragraph 2, linked to paragraph 1, seeks to clarify the scope of the
existing provision in marginal 10 599 of the Annexes to the proposal where
Member States may impose the same restrictions currently applied in national
transport of dangerous goods, to vehicles effecting an international journey
across its territory. Such restrictions should be limited to aspects of
 local traffic circulation.
Paragraph 3 provides for Member States to impose more stringent measures,
which might already exist for vehicles registered on their territory,
provided that these do not relate to vehicle construction.
Article 6, paragraph 1 has the aim of facilitating multimodal transport in
recognising the requirements for the safe transport of dangerous goods in
sea and air transport. These modal rules are based more closely on the
global multimodal UN Recommendations than is the ADR at this stage in its
harmonisât ion.
Paragraph 2 permits a derogation from the requirement in the Annexes to this
Directive for documentation pertaining to a transport journey to appear in a
number of languages where transport is confined to the territory of a single
Member State.
 ---pagebreak--- smBiwuMiaL-
                                        -  11 -
    Paragraphs 3 and 4 provide for an exemption for an unlimited period from the
    provisions of this Directive for vehicles, receptacles and tanks constructed
     in accordance with national regulations in force at the date of application
    of this Directive. Given the investment in such equipment, this should be
    allowed to continue, provided that it remains safe, to the end of its
    economic life. Paragraph 4 additionally allows Member States to continue to
    construct and use equipment which satisfies provisions in national law until
    harmonised standards for such equipment are developed and incorporated by
    reference in the Annexes to this proposal but no later than 31 December
    1998. Any equipment constructed after the date of application of this
    Directive but before 31 December 1998 may also continue to be used for an
    indefinite period under the conditions set out above. Work on standards is
    currently underway and will replace much of the detailed provisions in the
    ADR within the coming years. Until then, Member States are provided with
    the option of constructing and using equipment either according to the
    existing provisions of the ADR or according to national provisions.
    Paragraph 5 provides for a similar exemption for existing (long-life) re-
    usable packagings.
    Paragraph 6 allows for the display, in national transport only, of emergency
    action codes (such as the 'Hazchem' code) on the orange plate where these
    are prescribed for vehicles transporting dangerous goods. This is as an
    addition, or alternative, to the 'hazard identification number' prescribed
    by the ADR in the Annexes to this proposal. Such codes provide the
    emergency services with immediate information on what action to take in the
    case of an accident involving the load and are well-established, as well as
    highly valued, in certain Member States. Adoption of a harmonised emergency
    action code is currently under discussion for incorporation in the ADR.
    Paragraph 7 provides for less stringent requirements which might, for
    instance, apply for consumer transport of gas cylinders for camping
   equipment, small quantities of explosives for the construction industry or
    limited amounts of fuel carried in passenger cars.
   Paragraph   8 covers the case of temporary derogations from the provisions
    laid down  in the Annexes to this proposal, to be administered by the
   Competent   Authority designated by the Member State, for example for newly
   developed   packagings not yet incorporated into the ADR.
   Paragraph 9 permits Member States to derogate from the provisions of the
   Annexes to this Directive for one-off transports required in a timescale
   which would not allow sufficient time for revision of the Annexes.
 ---pagebreak---                                     - 12 -
Paragraph 10 places a 2 year limit on existing bilateral or multilateral
agreements negociated under the terms of ADR as from the date of application
of this proposal. This period allows sufficient time for existing
derogations, deemed to be necessary, to be introduced and published as new
provisions in the annexes to the ADR and to be adopted by way of Committee
procedure provided for in Article 8 as amendments to the Annexes to this
Di rect ive.
Article 7 states that vehicles registered in third countries may perform
international transport of dangerous goods on the territory of the Community
in so far as they comply with the provisions of the ADR.
Articles 8 and 9 establish the Committee procedure for further harmonisation
of provisions governing the transport of dangerous goods by road. In
particular, this is to align this Directive with amendments to the ADR, but
also to harmonise with the UN Recommendations on the Transport of Dangerous
Goods, to incorporate newly developed standards and to allow for additional
measures which ensure a satisfactory level of safety.
 In the case of amendments to specific danger classes of the annexes, for
example, radioactive material, the Committee provided for will take into
account the opinion of the experts on this subject.
Article 11 relates to existing Council Directive 89/684/EEC, the provisions
of which are now covered in the annexes this proposal. Existing provisional
certificates issued by a Member State under Article 4,4 of that Directive
will be recognised under this proposal up to the same terminal dates.
 ---pagebreak---                                     - 13 -
            Proposal for a Council Directive on the approximation
    of the laws of Member States with regard to the transport of dangerous
                                goods by road
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in
particular Article 75 thereof,
Having regard to the proposal from the Commission* 1 ),
In cooperation with the opinion of the European Par I iament*2^,
Having regard to the opinion of the Economic and Social Committee* 3) ,
Whereas, over the years, both national and international transport of
dangerous goods by road have significantly increased, adding to the risk of
accidents;
Whereas all Member States of the Community, 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 alone - which sets down uniform rules for the safe
international transport of dangerous goods by road; whereas it is
consequently desirable that such rules should be extended in scope to
national traffic in order to harmonise across the Community conditions under
which dangerous goods are carried by road;
Whereas there is no Community legislation embracing the full range of
measures required to be met to ensure the safe transport of dangerous goods
and the relevant national measures vary   from one Member State to another;
whereas these divergences create an obstacle to the free provision of
transport services and, moreover, to the free movement of vehicles and
transport equipments; whereas in order to overcome this obstacle, uniform
conditions applicable for all intra-Community transport need to be put in
place;
(1)   OJ No C
(2)   OJ No C
(3)   OJ No C
 ---pagebreak---                                      - 14 -
Whereas application of the principle of subsidiarity leads to the conclusion
that an action of this nature is most appropriate at Community level in
order to ensure coherence with other Community legislation, to ensure a
sufficient degree of harmonisation to facilitate the free movement of goods
and services and to ensure a high level of safety for national and
 international transport operations;
Whereas no Community legislation is yet in place to cover the
classification, packaging and labelling of dangerous substances for
transport;    whereas the Community has adopted Council Directive
             1
67/548/EEC* ) on the approximation of laws, regulations and administrative
provisions relating to the classification, packaging and labelling of
dangerous substances for placing on the market which does not contain
specific provisions concerning transport; whereas the provisions of this
Directive are without prejudice to the engagement of the Community to
strive for a future harmonisation of classification systems for dangerous
substances, which was undertaken 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-,
Whereas no specific Community legislation is yet in place to govern the
conditions of safety under which biological agents and genetically modified
organisms, regulated under Council Directives 90/219/EEC* 2 ),
90/220/EEC (3) and 90/679/EEC*4> should be transported;
Whereas measures for the safety and health of workers at work have been set
down in Council Directive 89/391/EEC*5); whereas further Community
measures are being developed on the minimum safety and health requirements
for transport activities and workplaces on means of transport;
Whereas the provisions of this Directive are without prejudice to the
application of other existing or future Community provisions in the field
of worker safety, vehicle construction and environmental protection;
(1)    OJ No L  196, 16.8.67, p.1
(2)    OJ No L  117, 8.5.90, p. 1
(3)    OJ No L  117, 8.5.90, p.15
(4)    OJ No L  374, 31.12.90, p.1
(5)    OJ No L  183, 29.6.89, p.1
 ---pagebreak--- ••1mnÊÊÊÊiÊaimemKtmimmm
                                                           - 15 -
                       Whereas the provisions of the ADR Agreement authorise the conclusion of
                        agreements derogating from the ADR and that the large number of these
                        agreements negociated on a bilateral basis between Member States creates
                        distortion in the free provision of transport services for dangerous goods;
                       whereas the inclusion of necessary provisions in the Annexes to this
                       Directive should overcome the need for such derogations; whereas it is
                       necessary to provide for a transitional period during which existing
                       agreements may still be applied by Member States;
                       Whereas it is necessary to transpose into Community law internationally
                       accepted ADR provisions, including construction requirements for vehicles
                       transporting dangerous goods, since Council Directive 70/156/EEC*1), as
                        last amended by Council Directive 92/53/EEC*2^, does not currently cover
                       specific   requirements for type approval of vehicles used for the transport
                       of dangerous goods;
                       Whereas requirements for type approval purposes will be harmonized in the
                       context of Council Directive 70/156/EEC, referring to the requirements of
                       this Directive, as appropriate;
                       Whereas existing information procedures in the field of related national
                        legislative proposals shall be used in order to increase the transparency
                       for all economical operators;
                       Whereas Member States should retain the right to implement rules reflecting
                       the multimodal United Nations Recommendations on the Transport of Dangerous
                       Goods in national transport in so far as the ADR is not yet harmonised with
                       these rules which would facilitate the inter-modal transport of dangerous
                      goods ;
                      Whereas Member States should have the right to regulate or prohibit the
                       transport of certain dangerous goods on their territory, but only for
                       reasons other than transport safety;
                       (1)    OJ No L 42, 23.2.70, p.1
                       (2)    OJ No L 225, 10.8.92, p.1
 ---pagebreak---                                      - 16 -
Whereas for the purposes of this Directive Member States should be allowed
to apply more stringent, or more lenient requirements on certain transport
operations performed on their territory    in vehicles registered on that
territory; whereas in this context Member States may retain the right to
 impose for certain transports the use of other modes;
Whereas, in particular, this harmonisation of conditions should take into
account specific national circumstances and therefore this Directive should
allow sufficient flexibility   in providing Member States with the possibility
of certain derogations-, whereas the application of new developments in
technology and industry should not be hindered and that     temporary
derogations should be provided for this purpose;
Whereas vehicles registered   in third countries should be allowed to perform
 international transport on the territory of a Member State if they comply
with the provisions of the ADR;
Whereas it must be possible to adapt this Directive rapidly to technical
progress, namely by adoption of new provisions laid down in the ADR, by
 incorporation of a reference to harmonised standards and by inclusion of
other measures considered to enhance safety and, in order to facilitate
implementation of the measures required for this purpose, to create a
Committee and to establish a procedure for close cooperation between the
Member States and the Commission within this Committee;
Whereas the Annexes to this Directive contain provisions covering the
vocational training of certain drivers of vehicles carrying dangerous goods
by road and that therefore Council Directive 89/684/EEC* 1 ) should be
repealed;
HAS ADOPTED THIS DIRECTIVE:
(1)    OJ No L 398, 30.12.89, p.33
 ---pagebreak---                                     - 17 -
                                  CHAPTER I
                  Scope, definitions and general provisions
                                  Article 1
1.    This Directive shall apply to the transport of dangerous goods by road
      effected in the Community.   It shall not apply to the transport of
      dangerous goods effected by vehicles belonging to or under the control
      of the armed forces of a Member State nor to postal consignments.
2.    However, the provisions of this Directive shall not affect the right
      of Member States, with due regard to Community law, to lay down
      requirements for transport of dangerous goods effected by vehicles
      falling outside the scope of this Directive.
3.    The provisions contained in this Directive shall apply without
      prejudice to other Community legislation on worker safety, vehicle
      construction and environmental protection.
                                  Article 2
For the purpose of this Directive:
      'ADR' shall mean the European Agreement concerning the International
      Carriage of Dangerous Goods by Road, concluded in Geneva on
      30 September 1957, as amended;
      '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;
      'dangerous goods' shall mean those substances and articles the
      transport by road of which is prohibited by, or authorized only on
      certain conditions by Annexes A & B to this Directive;
 ---pagebreak---                                      - 18 -
      'transport' shall mean any road transport operation performed wholly
      or partly on public roads on the territory of a Member State by
      vehicles defined above.   It shall not mean transport wholly performed
      within undertakings.
                                    Article 3
1.    Dangerous goods prohibited from transport by Annexes A & B to this
      Directive, without prejudice to the provisions of Article 6, shall not
      be accepted for transport by road.
2.    Transport of other dangerous goods listed in Annexes A & B shall be
      authorised subject to compliance with the conditions laid down in
      Annexes A & B , in particular as regards:
      (a)     the packaging and labelling of the goods in question, and
      (b)     the construction, equipment and operation of the vehicle
              carrying the goods in question, subject to the provisions of
              Art icles 4, 5 & 6.
3.    Any references in Annexes A & B to this Directive to a "contracting
      party" shall, for the purposes of this Directive, mean a Member State.
                                   CHAPTER I I
                   Derogations, restrictions and exemptions
                                    Article 4
Each Member State may, for the purposes of national transport operations
performed by vehicles registered on its territory only, retain provisions
existing in national law on the transport of dangerous goods by road which
are consistent with the UN Recommendations on the Transport of Dangerous
Goods until such time as Annexes A & B to this Directive are revised to
reflect those recommendations.    In such a case each Member State shall
inform the Commission thereof.
 ---pagebreak---                                  - 19 -
                               Article 5
1. Without prejudice to other Community legislation, each Member State
   may retain the right to regulate or prohibit, strictly for reasons
   other than safety during transport, the transport of certain dangerous
   goods on its territory.
2. Any provisions imposed by a Member State concerning the operation of
   vehicles in international transport on its territory and authorised by
   marginal 10 599 of Annex B to this Directive shall be limited in scope
   to aspects of local traffic circulation, shall apply both to national
   and international transport and shall not entail any discrimination.
3. Each Member State may continue to apply more stringent provisions
   concerning transport carried out by vehicles registered or brought
   into service on its territory, excluding construction requirements.
                               Article 6
1. Each Member State may accept for transport by road on its territory
   dangerous goods classified, packed and labelled in accordance with the
   international requirements for maritime or air transport whenever the
   transport operation involves a sea or air voyage.
2. Any provisions given in the Annexes to this Directive 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 authorise the use of languages other than
   those provided for in the Annexes for transport operations performed
   on their territories.
3. Each Member State may allow on its territory the use of vehicles
   constructed before the date of application of this Directive which do
   not conform to the provisions herein but were constructed according to
   the requirements in national legislation in force up to the date of
   application of this Directive, provided that these vehicles are
   satisfactorily maintained to the relevant safety levels.
 ---pagebreak---                                  - 20 -
4. Each Member State may retain provisions existing in national
   legislation before the date of application of this Directive relating
   to the construction, use and conditions of carriage of new tanks and
   receptacles, which differ from the provisions laid down in Annexes A &
   B to this Directive,   until such time as references to standards for
   the construction and use of tanks and receptacles are provided in
   Annexes A & B to this Directive as satisfying the provisions therein
   and no later than 31 December  1998.  Receptacles and tanks constructed
   before 1 January 1999 and satisfactorily maintained to the relevant
   safety levels may continue to be used under the original conditions.
5. Each Member State may allow the use of packagings constructed and not
   certified in accordance with the provisions of the ADR before the date
   of application of this Directive, provided that the packaging shows
   the date of manufacture and that it would be capable of passing the
   appropriate tests according to the requirements in national
    legislation in force up to the date of application of this Directive
   and provided that all such packagings are maintained to the relevant
   safety levels (including testing and inspection where required),
   according to the following scheme : metal   intermediate bulk containers
   and stainless steel and aluminium drums for a maximum period of 15
   years from their date of manufacture; other metal and plastics
   packagings for a maximum period of 5 years from their date of
   manufacture but not after 31 December 1998.
6. Each Member State may retain its provisions requiring only the display
    in the same manner of an emergency action code on tanks carried by
   vehicles registered on its territory, until such time as an
    internationally agreed emergency action code is developed.
7. Each Member State may retain less stringent provisions than those set
   out in Annexes A & B to this Directive for national transport of small
   quantities of certain dangerous goods.    It shall inform the Commission
   of the legal provisions concerned.
 ---pagebreak---                                     - 21 -
8.    Each Member State may grant approval for temporary derogations from
      Annexes A & B to this Directive for the purpose of carrying out the
      trials necessary with a view to amending Annexes A & B to this
      Directive in order to adapt them to technological and industrial
      developments, without discrimination on the grounds of nationality or
      place of establishment of the haulier, for a maximum period of 4
      years, provided that no loss of safety arises.  Such approvals shall
      be non-renewable.  The Commission shall be informed thereof.
9.    Each Member State may authorise one-off transports of dangerous goods
      which are either prohibited by Annexes A & B or effected under
      different conditions than those in Annexes A and B to this Directive.
10.   Without prejudice to the provisions of paragraph 2 above, each Member
      State may, until 31 December 1996, apply existing bilateral or
      multilateral agreements with other Member States as permitted by the
      ADR  without discrimination on the grounds of nationality or place of
      establishment of the haulier. Any further derogations as authorised by
      marginals 2010 and 10 602 of Annexes A & B shall only be permitted on
      a unilateral basis under paragraph 8.
                                  Article 7
Vehicles registered or put into service in third countries shall be admitted
to perform international transport within the Community if they comply with
the provisions of the ADR.
 ---pagebreak---                                     - 22 -
                                 CHAPTER III
                              Final provisions
                                  Article 8
Any amendments necessary to adapt the Annexes to scientific and technical
progress in the fields covered by this Directive, notably to take account of
future amendments to the annexes of the ADR, to incorporate a reference to
standards and to ensure that acceptable levels of safety are assured shall
be adopted in accordance with the procedure laid down in Article 9.
                                  Article 9
1.    The Commission shall be assisted by a Committee on the adaptation to
      technical progress of the Directive on the approximation of the laws
      of Member States with regard to the transport of dangerous goods,
      hereinafter referred to as 'Committee', which shall be composed of
      representatives of the Member States and chaired by a representative
      of the Commission.
2.    The representative of the Commission shall submit to the Committee a
      draft of the measures to be taken.   The Committee shall deliver its
      opinion on the draft within a time limit which the chairman may lay
      down according to the urgency of the matter.   The opinion shall be
      delivered by the majority laid down in Article 148(2) of the Treaty in
      the case of decisions which the Council is required to adopt on a
      proposal from the Commission.   The votes of the representatives of the
      Member States within the Committee shall be weighted in the manner set
      out in that Article. The chairman shall not vote.
3.    The Commission shall adopt measures which shall apply immediately.
      However, if these measures are not in accordance with the opinion of
      the Committee, they shall be communicated by the Commission to the
      CounciI forthwi th.
 ---pagebreak---                                     - 23 -
       In that event, the Commission shall defer application of the measures
      which it has decided for a period to be laid down in each act adopted
      by the Council, but which may in no case exceed three months from the
      date of Communication.
      The Council, acting by a qualified majority, may take a different
      decisions within the time limit referred to in the previous paragraph
                                  Article 10
1.    The Member States shall implement the laws, regulations and
      administrative measures necessary to comply with this Directive before
       1 January 1995.  They shall immediately inform the Commission thereof.
      When these measures are adopted by Member States, they shall contain a
      reference to this Directive or shall be accompanied by such a
      reference at the time of their official publication.   The procedure of
      making such a reference shall be laid down by the Member States.
2.    The Member States shall communicate to the Commission the texts of the
      provisions of national law which they adopt in the field governed by
      this Di rect ive.
                                  Article 11
Council Directive 89/684/EEC on vocational training for certain drivers of
vehicles carrying dangerous goods by road is hereby repealed as from the
date of application of this Council Directive.   Provisional certificates
issued by Member States in accordance with Article 4, 2 of that Directive
for national transport only shall remain valid until 31 December 1996.
Certificates issued in accordance with Article 4, 4 of that Directive may
continue to be used until the end of their period of validity, but not later
than 1 July 1997 for dangerous goods transported in tanks as well as for
explosives and not later than 1 January 2000 for other dangerous goods.
 ---pagebreak---                                    - 24 -
                                 Article 12
This Directive is addressed to the Member States
Done at Brussels,
 ---pagebreak---                                     - 25
                                   ANNEX A
Marginals 2 000 - 3 999 of Annex A of the European Agreement on the
International Carriage of Dangerous Goods by Road (ADR), as effective at
1 January 1995.
N.B.  A translation in all Community  languages will be made available as
      soon as a consolidated text is prepared and translations are ready
 ---pagebreak---                                    - 26
                                   ANNEX B
Marginals 10 000 - 260 000 of Annex B of the European Agreement on the
International Carriage of Dangerous Goods by Road (ADR), as effective at
1 January 1995.
N.B.  A translation in all Community languages will be made available as
      soon as a consolidated text is prepared and translations are ready
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM (93) 548 final
                                                      DOCUMENTS
EN                                                                     14 07 06
                                Catalogue number : CB-CO-93-585-EN-C
                                                             ISBN 92-77-60710-6
Office for Official Publications of the European Communities
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