CELEX: 51994PC0238
Language: en
Date: 1994-06-02
Title: Amended proposal for a COUNCIL DIRECTIVE on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                           C0M(94) 238 final - SYN 477
                                                                           BrusseIs, 02.06.1994
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                                                        Amended proposal for a
                                                           COUNCIL DIRECTIVE
                                               on the approximation of the laws of the
                                            M e m b e r States with regard to the transport
                                                       of dangerous goods by road
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                                  (presented by the Commission pursuant to Article 189 A (2)
                                                           of the EC-Treaty)
 ---pagebreak---                                    Explanatory memorandum
Subject :    Amendment to the proposal for a Council Directive on the approximation of the
             laws of Member States with regard to the transport of dangerous goods by road.
Background
In line with measures announced in the Communication from the Commission to the Council
for an action programme on Road Safety in 19931, the Commission has drawn up this
Directive to ensure a uniform provision throughout the Community for the transport of
dangerous goods at national and international level.
Both the European Parliament's2 and the Economic and Social Committee's3 reports on the
proposal are generally supportive of the initiative. The following amendments to its original
proposal can be accepted by the Commission.
Amendment 1 limits the derogation covering non-certified packagings to national territory.
Amendment 2 excludes from the derogation for small quantities of medium or highly
radioactive material.
        COM (93)246 of 9 June 1993
    2
        OJ.
        O.J.
                                          ^U
 ---pagebreak---                                    Amended proposal for a
                                      COUNCIL DIRECTIVE
                           on the approximation of the laws of the
                        Member States with regard to the transport
                                 of dangerous goods by road
The proposal from the Commission forming the subject of document COM(93)548 final4 is
hereby amended as follows :
             Initial text proposed by                                  Amended text
                  the Commission
                                          Amendment n° 1
                                             Article 6(5)
 5. liaeh Member State may allow the use of          5. Each Member State may allow the use, on
 packagings constructed and not certified in         its territory, of packagings constructed and
 accordance with the provisions of the ADR           not certified in accordance with the
 before the date of application of this              provisions of the ADR before the date of
 Directive, provided that the packaging shows        application of this Directive, provided that
 the date of manufacture and that it would be       the packaging shows the dale of manufacture
 capable of passing the appropriate tests            and that it would be capable of passing the
 according to the requirements in national          appropriate tests according to the
 legislation in force up to the date of              requirements in national legislation in force
 application of this Directive and provided that     up to the date of application of this Directive
 all such packagings are maintained to the           and provided that all such packagings are
 relevant safety levels (including testing and       maintained to the relevant safety levels
 inspection where required), according to the        (including testing and inspection where
 following scheme : metal intermediate bulk          required), according to the following scheme
 containers and stainless steel and aluminium        : metal intermediate bulk containers and
 drums for a maximum period of 15 years              stainless steel and aluminium drums for a
 from their date of manufacture; other metal         maximum period of 15 years from their date
 and plastics packagings for a maximum              of manufacture; other metal and plastics
 period of 5 years from their date of               packagings for a maximum period of 5 years
 manufacture but not after 31 December 1998.         from their date of manufacture but not after
                                                     31 December 1998.
        O.J. C 17/6 -20.1.1994
                                                 £
 ---pagebreak---            Initial text proposed by                                Amended text
                the Commission
                                         Amendment n°2
                                           Article 6(7)
7. Each Member State may retain less              7. Each Member State may retain less
stringent provisions than those set out in        stringent provisions than those set out in
Annexes A & B to this Directive for national      Annexes A & B to this Directive for national
transport of small quantities of certain          transport of small quantities of certain
dangerous goods. It shall inform the              dangerous goods, with the exception of
Commission of the legal provisions                medium and highly radio-active substances or
concerned.                                        goods. It shall inform the Commission of the
                                                  legal provisions concerned.
                                                 3>
 ---pagebreak---                                                                      BSN 0254-1475
                                                              COM(94) 238 final
                                                      DOCUMENTS
EN                                                                        06 07
                                Catalogue number : CB-CO-94-250-EN-C
                                                             ISBN 92-77-69639-7
Office for Officiai Publications of the European Communities
L-2985 Luxembourg
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