CELEX: 51988PC0339
Language: en
Date: 1988-06-17
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON VOCATIONAL TRAINING FOR CERTAIN DRIVERS OF VEHICLES CARRYING DANGEROUS GOODS BY ROAD

15. 12. 88                            Official Journal of the European Communities                             No C 322/11
                                                              II
                                                      (Preparatory Acts)
                                                 COMMISSION
              Proposal for a Council Directive on vocational training for certain drivers of vehicles carrying
                                                  dangerous goods by road
                                                     COM(88) 339 final
                                      (Submitted by the Commission on 23 June 1988)
                                                       (88/C 322/11)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Whereas the driver plays the preponderant role in the
                                                                  carriage of dangerous goods, by carrying out and super-
 Having regard to the Treaty establishing the European            vising the entire operation; whereas it is for the driver to
 Economic Community, and in particular Article 75                 reduce the accident risk at all times and, if an accident
thereof,                                                          nonetheless occurs, to take the immediate safety
                                                                  measures needed to protect himself, other road users,
                                                                  any other potential victim and the environment in
 Having regard to the proposal from the Commission,               general;
Having regard       to  the  opinion    of  the   European
Parliament,                                                       Whereas, therefore, steps must be taken to make drivers
                                                                  of vehicles carrying dangerous goods aware of the risks
Having regard to the opinion of the Economic and                  posed by the nature of the goods carried and to develop
Social Committee,                                                 their practical ability to find the most appropriate
                                                                  solutions to any problem which arises in the course of
                                                                  such operations; whereas, therefore, steps must be taken
Whereas over the years national or international services         to promote and develop their vocational training and to
carrying dangerous goods by road have been growing,               gear it to operations of this type;
adding to the risk of accidents;
Whereas road accidents involving dangerous goods can             Whereas no international convention or agreement
be disastrous;                                                    imposes vocational training for the carriage of dangerous
                                                                 goods by road, except for certain international services
                                                                 in tanks, batteries of receptacles and tank-containers
Whereas it is in the public interest to reduce as far as
                                                                 with a total capacity of over 3 000 litres per transport
possible the risk of such accidents with their potential of
                                                                 unit;
causing perhaps irreversible damage to the environment
and seriously injuring the vehicle crew or anyone else
coming into contact with the goods;
                                                                 Whereas there is no, or no adequate, obligation
Whereas, in terms of the environment, once dangerous             requiring satisfactory vocational training for all carriage
goods have entered the environment it is sometimes               of dangerous goods and, in view of the prospect of
extremely difficult and costly to avoid pollution of             deregulation of the transport market with effect from
waterways, groundwater or other water bodies; whereas,            1992, all the necessary measures must be taken to make
therefore, efforts must concentrate on the means of              not only international but also domestic services carrying
avoiding as far as possible, conditions likely to cause          such goods safer, since both categories pose the same
accidents of this type;                                          risks;
Whereas experience has shown that many accidents
involving vehicles carrying dangerous goods are caused           Whereas vocational training for drivers of vehicles
by an insufficient knowledge of the risks inherent in the        carrying dangerous goods is a capital gain since fully
carriage of such goods on the part of the vehicle crews          qualified crews are a big asset for haulage undertakings
and therefore, every effort must be made to improve the          in that they win customer loyalty, improve vehicle
professional qualifications of vehicle crews;                    turn-round and utilization, reduce insurance premiums,
 ---pagebreak--- No C 322/12                             Official Journal of the European Communities                                 15. 12. 88
and, in short, enhance the productivity of services                   (a) 'motor vehicle': any mechanically self-propelled
carrying dangerous goods by road, in the interest not                      vehicle circulating on the road, other than a
only of haulage undertakings but also of the public in                     vehicle running on rails, and normally used for
general and of the labour market in particular;                            carrying goods;
Whereas with a view, inter alia, to promoting                         (b) 'tractor': any mechanically self-propelled vehicle
Community-wide harmonized systems for training                             circulating on the road, other than a vehicle
drivers of vehicles carrying dangerous goods, stan-                        running on rails, and specially designed to pull,
dardized training programmes should be introduced for                      push or move trailers, semi-trailers, implements or
such drivers, using modern methods generally geared to                     machines;
active learning by the participants.
                                                                      (c) 'trailer': any vehicle designed to be coupled to a
HAS ADOPTED THIS DIRECTIVE:                                                motor vehicle or a tractor;
                           Article 1                                  (d) 'semi-trailer': a trailer without a front axle
                                                                           coupled in such a way that a substantial part of its
                           Objective                                       weight and of the weight of its load is borne by
                                                                           the tractor or motor vehicle;
1.     The objective of this Directive is to require drivers
of:
                                                                   4. 'permissible maximum weight' means the maximum
(1) vehicles with a permissible maximum weight of over                authorized operating weight of the vehicle fully laden;
     3,5 tonnes and carrying dangerous goods;
(2) tank-vehicles with a total capacity of over 3 000              5. 'tank-vehicle' means a vehicle built to carry liquids,
     litres and carrying dangerous goods;                             gases, or powdery or granular substances and
                                                                      comprising one or more fixed tanks, which are struc-
(3) transport units carrying dangerous goods in tanks or              turally attached to or form an integral part of the
     tank-containers with a total capacity of over 3 000              frame of the vehicle;
      litres,
to hold a vocational training certificate or equivalent            6. 'transport unit' means a motor vehicle without an
document issued by the authority or body designated for               attached trailer, or a combination of a motor vehicle
this purpose by each Member State and confirming that                 and an attached trailer;
they have succesfully completed appropriate training on
the carriage of dangerous goods by road.
                                                                   7. 'tank', when used alone, means a tank-container or a
                                                                      tank of a capacity exceeding 1 m3 which may be a
2.      Each Member State may lower the thresholds set in             fixed tank, a demountable tank or a battery of recep-
 paragraph 1 for some or all categories of dangerous                  tacles, defined as follows:
 goods for national services on its territory or for inter-
 national services in vehicles registered in that Member
 State.                                                                (a) 'container' means an article of transport
                                                                            equipment (lift van, demountable tank or other
                                                                            similar structure),
                            Article 2
                                                                            — of a permanent character and accordingly
                           Definitions                                          strong enough to be suitable for repeated use,
                                                                            — especially designed to facilitate the carriage of
 For the purposes of this Directive:
                                                                                goods by one or more means of transport,
                                                                                without breakage of load,
 1. 'carriage by road' means any journey made on roads                      — fitted with devices permitting the ready
    open to the public by a vehicle used for the carriage                       handling, particularly when being transloaded
    of dangerous goods;                                                         from one means of transport to another;
 2. 'driver' means any person who drives the vehicle even
                                                                       (b) 'tank-container' means an article of transport
    for a short period or who is carried in the vehicle in
                                                                            equipment conforming to the definition of
    order to be available for driving if necessary;
                                                                            'container' given above and built to contain
                                                                            liquid, gaseous, powdery or granular substances
 3. 'vehicles' means motor vehicles, tractors, trailers and                 but having a capacity of more than 0,45 cubic
     semi-trailers, defined as follows:                                      metres;
 ---pagebreak--- 15. 12. 88                              Official Journal of the European Communities                             No C 322/13
   (c) 'fixed tank' means a tank, which is structurally                                      Article 4
        attached to a vehicle (which then becomes a tank-
        vehicle) or is an integral part of the frame of such                           Vocational training
        a vehicle;                                                 1.     The training which the drivers referred to in Article
                                                                   1 required in order to obtain a certificate of competence
                                                                   shall be given in the form of a course approved by the
   (d) 'demountable tank' means a tank, other than a               competent authority. The essential objectives shall be to
        fixed tank, a tank-container or a battery of recep-        make all concerned aware of the risks inherent in the
        tacles, which has a capacity of over 1 m3, is not          carriage of dangerous goods and impart the basic
        designed for the carriage of goods without                 knowledge needed to minimize the chance of an incident
        breakage of load, and normally cannot be                   occurring, and, if one does occur, to take the measures
        handled except when it is empty;                           necessary to safeguard themselves and the environment
                                                                   and to limit the effects.
   (e) 'battery of receptacles' means an assembly
        comprising a number of receptacles or tanks inter-        This training shall include personal practical experience,
        connected by a manifold and permanently                   where appropriate, and shall cover at least the subjects
        mounted on a frame.                                        listed in Annex 2.
        'Receptacles' means:                                       2.     Member States may grant the certificate of
        1. cylinders of a capacity not exceeding 150               competence to drivers who request it for the first time
           litres;                                                without their being obliged to prove that they comply
                                                                  with the provisions of paragraph 1, on condition that
        2. cylinders of a capacity of not less than 100
                                                                   such drivers can prove that they have engaged in the
            litres (with the exception of cylinders in
                                                                   occupation of drivers of vehicles carrying dangerous
           conformity with subparagraph 1 and not more
                                                                   goods without interruption for at least five years
           than 1 000 litres (e.g. cylindrical receptacles
                                                                   preceding the date of entry into force of this Directive.
           equipped with rolling hoops, and receptacles
           on skids);
        3. assemblies, known as 'frames' of cylinders in           3.     Member States may, if they wish, require drivers
           conformity with subparagraph 1, the cylinders           employed in the domestic carriage of dangerous goods
           being interconnected by a manifold and held             within their territory and drivers employed in inter-
           firmly together by a metal fitting;                     national services in vehicles registered in that Member
    'dangerous substances' means substances, products,             State to undergo more extensive training than provided
   articles, solutions, mixtures and wastes falling into the       for in Annex 2. This may take the form of training
   categories listed in Annexes 1, la and lb, as well as           already established in the Member State or of training
   any other substance which experience shows to be               which the Member State decides to introduce in the
   dangerous;                                                      future.
9. the categories of dangerous substances entered in                                         Article 5
   Annexes 1, la and lb shall be amended regularly in
   the light of scientific and technical progress and the          The certificate of competence referred to in Article 1
   development of the industry. The procedure layed                shall be valid for five years.
   down in Article 6a shall be used to effect the
   amendments.
                                                                   The validity of the certificate may be extended for
                                                                   periods of five years provided:
                           Article 3
                         Derogation                                (a) the holder succesfully completes a refresher course
                                                                        during the five-year interval before his certificate
Member States may, after agreement with the                             expires;
Commission, exempt from all or part of this Directive
drivers of vehicles carrying exclusively goods posing little
danger or pollution hazard because of their special                (b) the holder proves to the competent authority or body
characteristics or of the small quantities carried.                     that he has engaged in the occupation without inter-
                                                                        ruption since his certificate was issued or last
                                                                        renewed and, over this period, has received specific
Reasons must be given for all decisions taken by the                    training taking account of changes in the regulations
competent authorities in the Member States under this                   and of the safety measures to be taken for the
paragraph.                                                              carriage of dangerous goods by road.
 ---pagebreak--- No C 322/14                               Official Journal of the European Communities                                 15. 12. 88
                           Article 6                                  4.    The Commission shall take full account of the
                                                                      committee's opinion and shall inform the committee
All Community Member States shall recognize the                       exactly how this has been done.
certificates of competence referred to in Article 1 issued
by any other Member State.                                                                      Article 7
                                                                       1.   After consulting the Commission, the Member
                          Article 6 a
                                                                      States shall bring into force the laws, regulations and
1.     To bring about the amendments provided for in                  administrative provisions necessary to comply with this
Article 2 (9), the Commission shall be assisted by an                 Directive within two years following its notification.
advisory committee composed of representatives from
Member States and presided over by a representative of                2.    Member States shall communicate to the
the Commission.                                                       Commission the texts of the main provisions of national
                                                                      law which they adopt in the field governed by this
                                                                      Directive. In particular, each Member State shall provide
2.     The Commission shall submit proposals to the
                                                                      the Commission with specimens of the certificates or
committee. The committee shall give its opinion on the                equivalent documents which it adopts with a view to
proposals, the time scale for which shall be determined               implementing Article 1 of this Directive. The
by the chairman taking into account the urgency of the                Commission shall forthwith forward this information to
issue and, if necessary, the need for a vote.                         the other Member States.
3.     The opinion shall be recorded in the minutes:                                            Article 8
further, each Member State shall have the right to
request that its proposal is recorded in the minutes.                 This Directive is addressed to the Member States.
                                                                ANNEX  1
                                                            Dangerous goods
              For the purposes of this Directive 'dangerous goods' means the following substances, products, solutions
              and mixtures:
              — explosive substances and articles;
              — articles filled with explosive substances;
              — igniters, fireworks and similar goods;
              — gases: compressed, liquefied or dissolved under pressure;
              — inflammable liquids;
              — inflammable solids;
               — substances liable to spontaneous combustion;
               — substances which give off inflammable gases on contact with water;
               — oxidizing substances;
               — organic peroxides;
               — toxic substances;
               — repugnant substances and substances liable to cause infection;
               — radioactive substances;
               — corrosive substances;
               — polluting goods on the list set out in Annex la;
               — wastes on the list set out in Annex lb;
               — other materials which experience has shown, or may show, to be of such a dangerous character that the
                  provisions of this Directive should apply to it.
 ---pagebreak--- 15. 12. 88                              Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s               N o C 322/15
                                                                 ANNEX      la
                                                          List of polluting goods
Acetone cyanohydrin, stabilized;                                           Diphenylamine chloroarsine;
Acrolein, inhibited;                                                       Diphenylchloroarsine;
Aldrin;                                                                    Disulfoton;
Ammonium arsenate;                                                         DNOC;
Antimony compounds inorganic, n.o.s;                                       Endosulfan;
Antimony lactate;                                                          Endrin;
Antimony pentachloride, liquid;
                                                                           Ethylacrylate, inhibited;
Antimony pentachloride, solutions;
                                                                           Ethyldichloroarsine;
Antimony pentafluoride;
Antimony potassium tartrate;                                               Ferric arsenate;
Antimony trichloride, (a) solid;                                           Ferric arsenite;
Antimony trichloride, (b) liquid;                                          Ferrous arsenate;
Arsenic;                                                                   Heptachlor;
Arsenic acid liquid;                                                       Hexachlorobutadiene;
Arsenic acid, solid;                                                       Hexaethyl tetraphosphate;
Arsenic bromide;                                                           Hydrocyanic acid aqueous solutions with not more than 20 %
Arsenic compounds;                                                         hydrocyanic acid;
Arsenic compounds, liquid, n.o.s;                                          Hydrogen cyanide anhydrous, stabilized;
Arsenic compounds, solid, n.o.s;                                           Hydrogen cyanide, anhydrous, stabilized, absorbed in a porous
Arsenic pentoxide;
                                                                           inert material;
Arsenic trichloride;
                                                                           Isopropenylbenzene;
Arsenic trioxide;
Azinphos-methyl;                                                           Lead acetate;
Barium compounds, n.o.s;                                                   Lead arsenates;
Barium cyanide;                                                            Lead arsenites;
Benzyl chloroformate;                                                       Lead compounds soluble, n.o.s;
Butylphenols, liquid;                                                      Lead cyanide;
Butylphenols, solid;                                                       Lead nitrate;
Butyl toluenes;                                                             Lead perchlorate;
Cacodylic acid;                                                             Lindane;
Cadmium compounds;                                                          Magnesium arsenate;
Calcium arsenate;                                                           Manee or maneb preparations stabilized against self-heating;
Calcium arsenate and calcium arsenite mixtures, solid;                      Manee or maneb preparations with not less than 60 % maneb;
Camphechlor;
                                                                            Mercuric arsenate;
Camphor oil;
                                                                            Mercuric chloride;
Carbaryl;
Carbophenothion;                                                            Mercuric nitrate;
Chlorine;                                                                   Mercuric potassium cyanide;
Chlorodinitrobenzene;                                                       Mercuric sulphate;
Chloronitroanilines;                                                        Mercurous nitrate;
Chlorophenols, liquid;                                                      Mercurous sulphate;
Chlorophenols, solid;                                                       Mercury acetates;
Chlorophenyl-trichlorosilane;                                               Mercury ammonium chloride;
Chlorotoluenes, (ortho-; meta-; para-);                                     Mercury benzoate;
Chromium oxychloride;                                                       Mercury bisulphates;
Cocculus, solid;                                                            Mercury bromides;
Copper acetoarsenite;
                                                                            Mercury cyanide;
Copper arsenite;
                                                                            Mercury gluconate;
Copper cyanide;
Cresols (ortho-; meta-; para-);                                             Mercury iodide;
Cupriethylene-diamine, solution;                                            Mercury oleate;
Cyanogen bromide;                                                           Mercury oxide;
Cyanogen chloride, inhibited;                                               Mercury oxycyanide, desensitized;
DDT;                                                                        Mercury potassium iodide;
Diazinon;                                                                   Mercury salicylate;
Dichloroanilines;                                                           Mercury thiocyanate;
Dichloroethyl ether;                                                        alpha-Methylstyrene;
Dichlorophenols, liquid;                                                    Mevinphos;
Dichlorophenols, solid;                                                     Motor fuel anti-knock mixtures;
Dichlorophenyl-trichlorosilane;
                                                                            Naphthalene, crude or refined;
Dichlorvos;
                                                                            Naphtalene, molten;
Dimethoate;
Dinitro-ortho-cresol, liquid;                                               Nickel carbonyl;
Dinitro-ortho-cresol, solid;                                                Nickel cyanide;
Dinitrophenol solutions in water or flammable liquid;                       Nitrobenzotrifluorides;
 ---pagebreak--- N o C 322/16                                Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                      15. 12. 88
3-Nitro-4-chlorobenzo-trifluoride;                                             Sodium cacodylate;
Nitrocresois;                                                                  Sodium cuprocyanide, solid;
Nitroxylenes;                                                                  Sodium cyanide;
Osmium tetroxide;                                                              Sodium pentachlorophenate;
Parathion;                                                                     Strontium arsenite;
Parathionmethyl;                                                               Strychnine;
Perchloromethylmercaptan;                                                      Sulfoter;
Phenylmercuric hydroxide;                                                      Tepp (tetraethyl pyrophosphate);
Phenylmercuric nitrate;                                                        Tetraethyl dithiopyrophosphate, dry, liquid or mixtures;
Phorate;                                                                       Tetraethyl lead;
Phosphorus white, molten;                                                      Tetramethyl lead;
Phosphorus, white or yellow (a) dry;                                           Thallium chlorate;
Phosphorus, white or yellow (b) under water;                                   Thallium compounds;
Polychlorinated biphenyls;                                                     Thallium compounds, n.o.s;
Potassium arsenate;                                                            Thallium nitrate;
Potassium arsenite;                                                            Thallium sulphate;
Potassium cyanide;                                                             Tricresylphosphate with more than 3 % ortho-isomer;
Selenic acid; silver arsenite;                                                 Vinyl toluenes (mixed isomers), inhibited;
Silver cyanide;                                                                Zinc arsenate or zinc arsenite or zinc arsenate and zinc arsenite
Sodium arsanilate;                                                             mixtures;
Sodium arsenate;                                                               Zinc chloride, anhydrous;
Sodium arsenite;                                                               Zinc chloride, solution;
Sodium arsenite, aqueous solutions;                                            Zinc cyanide;
Sodium arsenite, solid;                                                        Zinc phosphide.
                                                                    ANNEX       lb
                            Generic types of dangerous wastes (wastes may be in liquid, sludge or solid form)
               Part A
               Wastes consisting of, derived from or residues of:
              — anatomical substances; hospital wastes or wastes from other medical activities;
              — pharmaceuticals, drugs, medicines and veterinary compounds;
              — wood preservatives;
               — biocides and plant protection substances;
               — residues from substances employed as solvents;
              — halogenated organic substances not employed as solvents;
              — quenching salts containing cyanide;
              — oils and oily substances, e.g. cutting sludges;
              — oil/water and hydrocarbon/water mixtures and emulsions;
              — substances containing PCBs and/or PCTs, e.g. dielectrics;
               — tarry materials arising from refining, distillation and any pyrolytic treatment, e.g. still slag;
               — inks, dyes, pigments, paints, lacquers and varnishes;
               — resins, latex, plasticizers, glues/adhesives;
               — chemical substances arising from research and development or teaching activities which are not iden-
                   tified and/or are new and whose effects on man and/or the environment are not known, e.g.
                   laboratory wastes;
 ---pagebreak--- 15. 12. 88                           Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s      N o C 322/17
           — pyrotechnics and propellant materials;
           — materials from photographic laboratories;
           — any material contaminated with any congenor of polychlorinated dibenzo-furan;
           — any material contaminated with any congenor of polychlorinated dibenzo-p-dioxin;
           — any other wastes containing any of the substances referred to in Part B.
           Part B
           Wastes having as constituents:
           — beryllium, beryllium compounds;
           — vanadium compounds;
           — chromium (VI) compounds;
           — cobalt compounds;
           — nickel compounds;
           — copper compounds;
           — zinc compounds;
           — arsenic; arsenic compounds;
           — selenium; selenium compounds;
           — silver compounds;
           — cadmium; cadmium compounds;
           — tin compounds;
           — antimony; antimony compounds;
           — tellurium; tellurium compounds;
           — barium compounds, excluding barium sulphate;
           — mercury; mercury compounds;
           — thallium; thallium compounds;
           — lead; lead compounds;
           — inorganic sulphides;
           — inorganic fluorine compounds, excluding calcium fluoride;
           — inorganic cyanides;
           — the following alkaline or alkaline earth metals; lithium, sodium, potassium, calcium, magnesium in
               uncombined form;
           — acidic solutions or solids;
           — basic solutions or solids;
           — asbestos (dust and fibres);
           — phosphorus; phosphorus compounds, excluding mineral phosphates;
           — metal carbonyls;
           — peroxides;
           — chlorates;
           — perchlorates;
           — azides;
           — PCBs and/or PCTs;
           — pharmaceutical and veterinary compounds;
           — biocides and plant protection products, e.g. pesticides;
           — infectious substances;
           — creosotes;
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           — isocyanates and thiocyanates;
           — organic cyanides, e.g. nitriles;
           — phenols; phenol compounds;
           — halogenated solvents;
           — organic solvents, excluding halogenated solvents;
           — organohalogen compounds, excluding inert polymerized materials and other substances referred to in
                this Annex;
           — aromatic compounds; polycyclic and heterocyclic organic compounds;
           — aromatic amines;
           — ethers;
           — substances of an explosive character, excluding substances referred to elsewhere in this Annex;
           — any congenor of polychlorinated dibenzo-p dioxin;
           — hydrocarbons and their compounds with oxygen, nitrogen and/or sulphur not specifically referred to in
                Part B.
                                                                ANNEX       2
                                          Subjects covered by Article 4 of this Directive
           The knowledge required in order to qualify for a certificate of competence must cover at least the
           following subjects:
           (a) general requirements concerning the transport of dangerous goods;
           (b) main types of hazard;
           (c) preventive and safety measures appropriate to the various types of hazard;
           (d) what to do after an accident (first aid, road safety, basic knowledge about the use of protective
                 equipment, etc.);
           (e) labelling and marking to indicate danger;
           (f) what a vehicle driver should and should not do during the carriage of dangerous goods;
           (g) the purpose and method of opeation of technical equipment on vehicles;
           (h) the behaviour in vehicles carrying tanks and tank containers on road, including movement of load;
            (i) prohibitions on mixed loading in the same vehicle or container;
            (j) handling and stowage of packages;
            (k) precautions to be taking during loading and unloading of dangerous goods.