CELEX: 51996FC0049
Language: en
Date: 2007-04-24
Title: Proposal for a Directive …/…/EC of the European Parliament and of the Council of […] relating to the transport of dangerous goods by rail (Codified version)

EN
|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        COM

                                                                  Proposal for a

                                          DIRECTIVE …/…/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

                                                                      of […]

                                               relating to the transport of dangerous goods by rail

                                                                (Codified version)

                                                              EXPLANATORY MEMORANDUM

1.    In the context of a people’s Europe, the Commission attaches great importance to simplifying and clarifying Community law so as to make  it
       clearer and more accessible to the ordinary citizen, thus giving him new opportunities and the chance to make use of the  specific  rights
       it gives him.

       This aim cannot be achieved so long as numerous provisions that have  been  amended  several  times,  often  quite  substantially,  remain
       scattered, so that they must be sought partly in the original instrument and partly in later amending ones.  Considerable  research  work,
       comparing many different instruments, is thus needed to identify the current rules.

       For this reason a codification of rules that have frequently been amended  is  also  essential  if  Community  law  is  to  be  clear  and
       transparent.

2.    On 1 April 1987 the Commission therefore decided[1] to instruct its staff that all legislative acts should be codified after no  more  than
       ten amendments, stressing that this is a minimum requirement and that departments should endeavour to codify at even shorter intervals the
       texts for which they are responsible, to ensure that the Community rules are clear and readily understandable.

3.    The Conclusions of the Presidency of the Edinburgh  European  Council  (December 1992)  confirmed  this[2],  stressing  the  importance  of
       codification as it offers certainty as to the law applicable to a given matter at a given time.

       Codification must be undertaken in full compliance with the normal Community legislative procedure.

       Given that no changes of substance may be made to the instruments affected by codification, the European Parliament, the Council  and  the
       Commission have agreed, by an interinstitutional agreement dated 20 December 1994, that an accelerated procedure may be used for the fast-
       track adoption of codification instruments.

4.    The purpose of this proposal is to undertake a codification of Council Directive 96/49/EC of 23 July 1996 on the approximation of the  laws
       of the Member States with regard to the transport of dangerous goods by rail[3].  The  new  Directive  will  supersede  the  various  acts
       incorporated in it[4]; this proposal fully preserves the content of the acts being codified  and  hence  does  no  more  than  bring  them
       together with only such formal amendments as are required by the codification exercise itself.

5.    The codification proposal was drawn up on the basis of a preliminary consolidation, in all official languages, of  Directive  96/49/EC  and
       the instruments amending it, carried out by the Office for Official Publications  of  the  European  Communities,  by  means  of  a  data-
       processing system. Where the Articles have been given new numbers, the correlation between the old and the new numbers is shown in a table
       contained in Annex III to the codified Directive.

                                            ê 96/49/EC (adapted)

                                                                  Proposal for a

                                          DIRECTIVE …/…/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

                                                                      of […]

                                             Ö relating Õ to the transport of dangerous goods by rail

                                                            (Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article Ö 71 Õ thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee[5],

Having regard to the opinion of the Committee of the Regions[6],

Acting in accordance with the procedure laid down in Article Ö 251 Õ of the Treaty[7],

Whereas:

                                            ê 

   1) Council Directive 96/49/EC of 23 July 1996 on the approximation of the laws of the Member States with regard to the transport of  dangerous
      goods by rail[8] has been substantially amended several times[9]. In the interests of clarity and rationality the said Directive should  be
      codified.

                                            ê 96/49/EC recital 1 (adapted)

   2) Measures Ö should Õ be taken to ensure that the transport Ö of dangerous goods by rail Õ is carried out under the best possible  conditions
      of safety.

                                            ê 96/49/EC recital 2 (adapted)

   3) Ö The majority of the Õ Member States are Contracting Parties to the Convention concerning International Carriage by Rail  (COTIF),  which,
      in Appendix B , defines uniform rules concerning the contract for international  carriage  of  goods  by  rail  (CIM),  Annex  1  to  which
      constitutes the regulations concerning the International Carriage of  dangerous  goods  by  Rail  (RID).  The  geographical  scope  of  the
      Convention extends beyond the Community.

                                            ê 96/49/EC recital 3

   4) The Convention does not cover the national carriage of dangerous goods by rail. It is therefore important to ensure the uniform application
      of harmonized safety rules throughout the Community. The most appropriate way of achieving this is to align the laws applied by the  Member
      States on the RID.

                                            ê 96/49/EC recital 4 (adapted)

   5) These laws Ö should Õ ensure a high level of safety for national and international  transport  operations,  guarantee  the  elimination  of
      distortions of competition by facilitating the free movement of goods and services throughout the Community and ensure consistency with the
      other Community provisions.

                                            ê 96/49/EC recital 5 (adapted)

   6) The provisions of this Directive Ö should be Õ without prejudice to the commitment entered into by the Community and its Member States,  in
      accordance with the goals set under Agenda 21, Chapter 19, at the UNCED Conference in June 1992 in Rio de Janeiro, to strive for the future
      harmonization of systems for the classification of dangerous substances.

                                            ê 96/49/EC recital 6 (adapted)

   7) No specific Community legislation yet governs the safety conditions under which biological agents and genetically modified micro-organisms,
      regulated under Ö Council Õ Directive 90/219/EEC Ö of 23 April 1990 on the contained use  of  genetically  modified  micro-organisms Õ[10],
      Ö Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release  into  the  environment  of
      genetically modified organisms and repealing Council Directive 90/220/EEC Õ[11] and Ö Directive 2000/54/EC of the European  Parliament  and
      of the Council of 18 September 2000 on the protection of workers from risks related to exposure  to  biological  agents  at  work  (seventh
      individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC), Õ [12] should be transported.

                                            ê 96/49/EC recital 7 (adapted)

   8) The provisions of this Directive Ö should be Õ without prejudice to the application of other Community provisions in the  field  of  worker
      safety and environmental protection.

                                            ê 96/49/EC recital 8 (adapted)

   9) Member States Ö should Õ be able to apply specific traffic regulations to the transport on their territory of dangerous goods by rail.

                                            ê 96/49/EC recital 9 (adapted)

  10) Member States should Ö maintain Õ the right, with regard to the transport of dangerous goods by rail, provisionally to implement  rules  in
      conformity with the United Nations recommendations on the transport of dangerous goods, in so far as the RID is  not  yet  harmonized  with
      those regulations, which should facilitate the inter-modal transport of dangerous goods.

                                            ê 96/49/EC recital 10 (adapted)

  11) Each Member State Ö should maintain Õ the right to regulate or prohibit, strictly for reasons other than safety, the internal transport  of
      certain dangerous goods by rail.

                                            ê 96/49/EC recital 11 (adapted)

  12) Account should be taken of the more stringent safety measures applied in the Channel Tunnel because of  its  specific  characteristics,  in
      particular its route and length. Provision should also be made for Member States to be able to introduce the same kind  of  measures  where
      similar situations arise. It Ö should Õ be possible for some Member States to apply more stringent  standards  for  material  intended  for
      transport because of the ambient temperature in their countries.

                                            ê 96/49/EC recital 12 (adapted)

  13) In view of the volume of investment required in this sector, a transitional  period  should  be  laid  down  to  enable  Member  States  to
      Ö maintain Õ certain specific national provisions concerning use of tanks, receptacles, packaging or an emergency action code.

                                            ê 96/49/EC recital 13 (adapted)

  14) The introduction of new developments in technology and industry Ö should Õ not be hindered. Temporary derogations should  be  provided  for
      that purpose.

                                            ê 96/49/EC (adapted)

  15) The transport of dangerous goods by rail to or from a third country is authorized, provided Ö that Õ it is carried out in  accordance  with
      the requirements of the RID. However, in the case of transport operations from and to the Republics of the former Soviet  Union  which  are
      not contracting parties to the COTIF, the Member States are entitled to adopt appropriate measures with regard  to  such  operations.  They
      guarantee a level of safety equivalent to that provided for in the RID.

  16) It Ö should Õ be possible to adapt this Directive rapidly to technical progress, notably by adoption of the new provisions laid down within
      the framework of the RID.

                                            ê 2000/62/EC recital 6

  17) The measures necessary for the implementation of this Directive should be adopted in accordance with Council  Decision  1999/468/EC  of  28
      June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission[13].

                                            ê 

  18) This Directive should be without prejudice to the obligations of the Member States relating  to  the  time-limits  for  transposition  into
      national law and application of the Directives set out in Annex II, Part B,

                                            ê 96/49/EC (adapted)

HAVE ADOPTED THIS DIRECTIVE:

                                                                    CHAPTER I

                                                                      Scope

                                                                    Article 1

1. This Directive shall apply to the transport of dangerous goods by rail within or between Member States.

                                            ê 96/49/EC

Member States may, however, exempt from the scope of this Directive the transport of dangerous goods conducted by means  of  transport  equipment
belonging to or under the responsibility of the armed forces.

                                            ê 96/49/EC (adapted)

2. This Directive shall not affect the Member State's right, having due regard to Community law, to lay down  specific  safety  requirements  for
the national or international transport of dangerous goods by rail, in so far as Annex I thereto does not  cover  that  area,  in  particular  as
regards, inter alia:

                                            ê 96/49/EC

(a)   the running of trains;

(b)   the marshalling of freight wagons in trains in national traffic;

(c)   operating rules for operations ancillary to transport such as marshalling and stabling;

(d)   the training of staff and the management of information concerning the dangerous goods transported;

(e)   special rules for the transport of dangerous goods in passenger trains.

                                                                    Article 2

For the purposes of this Directive:

                                            ê 96/49/EC (adapted)

(a)   ‘RID’ shall mean the regulations concerning the international carriage of dangerous goods by rail, appearing as Annex I to  Appendix  B  to
       the Convention concerning International Carriage by Rail (COTIF), Ö as amended Õ;

(b)   ‘CIM’ shall mean the uniform rules concerning the contract for international carriage of goods by rail, appearing  as  Appendix  B  to  the
       Convention concerning International Carriage by Rail (COTIF), Ö as amended Õ;

                                            ê 96/49/EC

(c)   ‘dangerous goods’ shall mean those substances and articles the transport by rail of which is  prohibited  or  authorized  only  on  certain
       conditions by Annex I to this Directive;

(d)   ‘transport’ shall mean any operation for the transport of dangerous goods by rail, conducted wholly or partially within the territory of  a
       Member State, including the activities of loading, unloading and transfer to or from another mode of transport and the stops  necessitated
       by the circumstances of the transport, covered by Annex I to this Directive, without prejudice to the arrangements laid down by  the  laws
       of the Member States concerning liability in respect of such operations; it shall  not  include  transport  wholly  performed  within  the
       perimeter of an undertaking.

                                                                    Article 3

1. Without prejudice to Article 6, dangerous goods the transport of which is prohibited by the provisions of Annex I may not  be  transported  by
rail.

2. Save as otherwise provided for in this Directive and without prejudice to the rules on market access for railway undertakings or to the  rules
generally applicable to the transport of goods by rail, the transport of dangerous goods by rail shall be authorized, subject to compliance  with
the rules laid down in Annex I.

                                                                    CHAPTER II

                                                     Derogations, restrictions and exemptions

                                                                    Article 4

                                            ê 96/49/EC (adapted)

Each Member State may, for the purposes of national rail transport operations within its territory, Ö maintain Õ provisions of its  national  law
on the transport of dangerous goods by rail which are consistent with the United Nations recommendations on the  transport  of  dangerous  goods,
until such time as Annex I is revised to reflect those recommendations.

                                            ê 96/49/EC

In such cases, the Member State concerned shall inform the Commission thereof.

                                            ê 96/49/EC (adapted)

                                                                    Article 5

1. Without prejudice to other Community provisions, each Member State shall Ö maintain Õ the right to regulate or prohibit, strictly for  reasons
other than safety during transport connected in particular  with  national  security  or  environmental  protection,  the  transport  of  certain
dangerous goods within its territory.

                                            ê 96/49/EC

2. For transport via the Channel Tunnel, France and the United Kingdom may impose more stringent provisions than those provided for in Annex I.

The Commission shall be informed of such provisions and it shall inform the other Member States.

                                            ê 96/49/EC (adapted)

3. Where a Member State considers that stricter provisions should be applied  to  transport  through  tunnels  with  characteristics  similar  to
Ö those of Õ the Channel Tunnel within its territory, it shall inform the Commission.

The Commission, acting in accordance with the procedure Ö referred to Õ in Article 9 Ö (2) Õ, shall decide whether the  tunnel  in  question  has
characteristics Ö similar to those of the Channel Tunnel Õ.

                                            ê 96/49/EC
                                            è1 2000/62/EC Art. 1 pt. 1

Provisions adopted by a Member State shall be notified to the Commission, which shall inform the other Member States.

4.     Member States in which the ambient temperature is regularly lower than  − 20 °C  may  impose  more  stringent  standards  as  regards  the
è1 operating temperature of materials used for plastic packaging, tanks and their equipment intended ç for  use  in  the  national  transport  of
dangerous goods by rail within their territory until  provisions  on  the  appropriate  reference  temperatures  for  given  climatic  zones  are
incorporated in Annex I.

5. If, on the occasion of an accident or an incident, a Member State considers that the safety  provisions  applicable  have  been  found  to  be
insufficient to limit the hazards involved in the transport operation and if there is an urgent need to take  action,  that  Member  State  shall
notify the Commission at the planning stage of the measures which it proposes to take.

                                            ê 96/49/EC (adapted)

Acting in accordance with the procedure Ö referred to Õ in Article 9 Ö (2) Õ, the Commission shall  decide  whether  the  implementation  of  the
measures in question should be authorized and shall determine the duration thereof.

                                            ê 96/49/EC

6. Member States may maintain all national provisions applicable on 31 December 1996 to the transport  and  packaging  of  substances  containing
dioxins or furans.

                                                                    Article 6

1. Each Member State may authorize the transport by rail within its territory of dangerous goods classified, packed and  labelled  in  accordance
with international requirements for maritime or air transport whenever the transport involves a sea or air voyage.

Where a national or international journey involves carriage by sea, a Member State may apply provisions additional to those of Annex  I  to  take
account of international rules governing maritime transport, including international rules governing ferry transport.

2. The provisions of Annex I concerning the format of transport documentation and the use  of  languages  in  marking  or  in  the  documentation
required shall not apply to transport operations confined to the territory of a single Member State. Member  States  may  authorize  the  use  of
documentation and languages other than those provided for in Annex I for transport operations confined to their territory.

                                            ê 2000/62/EC Art. 1 pt. 2(a) (adapted)

3. Within its own territory Ö each Õ Member State may authorise the use of wagons constructed before 1 January  1997  which  Ö did Õ  not  comply
with Directive Ö 96/49/EC Õ, but were constructed in accordance with national provisions in force  on  31  December  1996,  provided  that  those
wagons are maintained to the required safety levels.

Tanks and wagons constructed on or after 1 January 1997 which  do  not  comply  with  Annex  I  but  were  constructed  in  accordance  with  the
requirements of Directive Ö 96/49/EC Õ that were applicable on the date of their construction may continue to  be  used  for  national  transport
until a date determined in accordance with the procedure Ö referred to Õ in Article 9 Ö (2) Õ .

                                            ê 96/49/EC (adapted)
                                            è1 2002/885/EC Art. 1 (adapted)

4.è1  Pressure drums, Ö bundles of cylinders Õ and tanks constructed before 1 July 2003 Ö in compliance with national provisions in force  on  31
December 1996 relating to the construction, use and conditions of carriage of new tanks, and new pressure  drums  and  bundles  of  cylinders  as
defined in Class 2 of Annex I, which differed from the provisions of that Annex Õ and other  receptacles  constructed  before  1  July  2001  and
maintained to the required safety levels may continue to be used under the original conditions. ç

ê 2002/885/EC Art. 1 (adapted)

Ö As regards Õ pressure drums, Ö bundles of cylinders Õ and tanks for which there  are  no  detailed  technical  requirements  or  for  which  no
sufficient references to appropriate European standards have been added to Annex IÖ , each Member State may maintain its national  provisions  in
force on 31 December 1996 relating to the construction, use and conditions of carriage of new tanks,  and  new  pressure  drums  and  bundles  of
cylinders as defined in Class 2 of Annex I, which differed from the provisions of that Annex Õ.

                                            ê 2000/62/EC Art. 1 pt. 2(b) indent 2 (adapted)

The receptacles and tanks referred to in the second subparagraph and the latest date for the application  of  this  Directive  as  regards  those
receptacles and tanks shall be determined in accordance with the procedure Ö referred to Õ in Article 9 Ö (2) Õ.

                                            ê 96/49/EC (adapted)

5. Ö Each Õ Member State may Ö maintain Õ national provisions other than  those  Ö referred  to Õ  in  Annex  I  with  regard  to  the  reference
temperature for the transport in its territory of liquefied gases or mixtures of  liquefied  gases,  until  provisions  relating  to  appropriate
reference temperatures for designated climatic areas are incorporated into European standards and referred to in Annex I.

6. Ö Each Õ Member State may allow the use in transport within its territory, Ö for up to 15 years after the  date  of  their  manufacture Õ,  of
Ö metal intermediate bulk containers and metal drums exceeding 50 litres in capacity Õ constructed but not certified in accordance with  the  RID
before 1 January 1997, provided that such packaging bears the date of its manufacture, is capable of passing the  tests  laid  down  in  national
provisions in force on 31 December 1996 and Ö is Õ maintained to the relevant safety levels (including testing and inspection where required).

7. Ö Each Õ Member State may Ö maintain Õ the provisions of its national legislation in force on 31 December 1996 Ö relating Õ to the display  of
an emergency action code in place of the hazard identification number, laid down in Annex I, for national  rail  transport  operations  conducted
within its territory.

                                            ê 2000/62/EC Art. 1 pt. 2(c) (adapted)

8. Provided Ö that Õ they Ö have given Õ the Commission advance notification no later than 31 December 2002 or until two  years  after  the  last
date of application of the amended versions of Annex I , Member States may adopt provisions  less  stringent  than  those  in  Annex  I  for  the
transport within their territory only of small quantities of certain dangerous goods, with the exception of substances having a  medium  or  high
level of radioactivity.

                                            ê 2000/62/EC Art. 1 pt. 2(c)

These derogations shall be applied without discrimination.

                                            ê 2000/62/EC Art. 1 pt. 2(c) (adapted)

Notwithstanding the Ö first and second subparagraphs Õ, Member States may, provided Ö that Õ they give the Commission  advance  notification,  at
any time adopt provisions similar to provisions adopted by other Member States with reference to this paragraph.

The Commission shall examine whether the conditions laid down in this paragraph have been met and shall decide, in accordance with the  procedure
Ö referred to Õ in Article 9 Ö (2) Õ , whether the Member States concerned may adopt these derogations.

                                            ê 2000/62/EC Art. 1 pt. 2(d) (adapted)

9. Member States may issue authorisations, valid for their territory only, to carry out ad hoc transport operations of dangerous goods which  are
either prohibited by Annex I or are performed under conditions different from those laid down  in  Annex  I,  on  condition  that  these  ad  hoc
transport operations are clearly defined and limited in time.

                                            ê 2000/62/EC Art. 1 pt. 2(e) (adapted)

10. Provided Ö that Õ they give the Commission advance notification, Member States may authorise the regular transport on  particular  designated
routes within their territory of dangerous goods, forming part of a defined industrial process, which are either prohibited by the provisions  of
Annex I or are performed under conditions different from those laid down in Annex I, where such operations are of a local nature and are  tightly
controlled under clearly specified conditions.

The Commission shall examine whether the requirements of the first subparagraph have been met and shall decide, in accordance with the  procedure
Ö referred to Õ in Article 9 Ö (2) Õ , whether the Member States concerned may authorise such transport operations.

                                            ê 96/49/EC (adapted)

11. Provided that there is no loss of safety, Ö each Õ Member State may grant temporary derogations from Annex I for the purpose of carrying  out
within its territory the trials necessary before  the  amendment  of  that  Annex  in  order  to  adapt  them  to  technological  and  industrial
developments. The Commission shall be informed accordingly and shall in turn inform the other Member States.

                                            ê 96/49/EC

Those temporary derogations, agreed among the Member States' competent  authorities  on  the  basis  of  Annex  I,  shall  take  the  form  of  a
multilateral agreement proposed to all the Member States' competent authorities by the authority that takes the initiative on any agreement.  The
Commission shall be informed.

The derogations referred to in the first and second subparagraphs shall be applied without discrimination on grounds of the nationality or  place
of establishment of the consignor, operator or consignee; they may last for up to five years and shall be non-renewable.

                                            ê 2000/62/EC Art. 1 pt. 2(f) (adapted)

12. Provided Ö that Õ they give the Commission advance notification,  Member  States  may  authorise  the  transport  of  dangerous  goods  under
conditions less stringent than those laid down in Annex I in the case of local transport over short distances within  the  perimeters  of  ports,
airports or industrial sites.

The Commission shall examine whether the conditions laid down in the first subparagraph have been met and shall decide, in  accordance  with  the
procedure Ö referred to Õ in Article 9 Ö (2) Õ , whether the Member States concerned may authorise such transport operations.

                                            ê 96/49/EC

                                                                    Article 7

1. Subject to national or Community provisions on market access, the transport of dangerous goods by rail between Community territory  and  third
countries shall be authorized in so far as it complies with the requirements of the RID.

2. This Directive shall not affect a Member State's right, after informing the  Commission,  to  adopt  regulations  for  its  territory  on  the
transport of dangerous goods by rail from and to those Republics of the former Soviet Union that are not contracting parties to the  COTIF.  Such
regulations shall apply only to the transport of dangerous goods by rail (in packaging,  in  bulk  or  in  tanks)  by  means  of  railway  wagons
authorized in a State which is not a contracting party to the COTIF. By  means  of  appropriate  measures  and  obligations,  the  Member  States
concerned shall guarantee the maintenance of a level of safety equivalent to that provided for in the RID. In the case of certain  Member  States
the provisions referred to in this paragraph shall apply only to tank wagons.

                                                                   CHAPTER III

                                                                 Final provisions

                                                                    Article 8

                                            ê 96/49/EC (adapted)

The amendments necessary to adapt Annex I to scientific and technical progress in the fields covered by this Directive,  in  particular  to  take
account of amendments to the RID, shall be adopted in accordance with the procedure Ö referred to Õ in Article 9 Ö (2) Õ .

                                            ê 2000/62/EC Art. 1 pt. 3

                                                                    Article 9

1. The Commission shall be assisted by the ‘Committee on the transport of dangerous goods’ set up under Article 9 of Directive 94/55/EC[14].

                                            ê 2000/62/EC Art. 1 pt. 3 (adapted)

2. Where reference is made to this Ö paragraph Õ, Articles 5 and 7 of Decision 1999/468/EC shall  apply,  having  regard  to  the  provisions  of
Article 8 thereof.

                                            ê 2000/62/EC Art. 1 pt. 3

The period referred to in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3. The Committee shall adopt its rules of procedure.

                                            ê 96/49/EC (adapted)

Article 10

Member States shall communicate to the Commission the texts of the provisions  of  national  law  Ö adopted Õ  in  the  field  governed  by  this
Directive.

                                            ê 

                                                                    Article 11

Directive 96/49/EC, as amended by the acts listed in Annex II, Part A, is repealed, without prejudice to the obligations  of  the  Member  States
relating to the time-limits for transposition into national law and application of the Directives set out in Annex II, Part B.

References to the repealed Directive shall be construed as references to this Directive and shall be read  in  accordance  with  the  correlation
table in Annex III.

                                            ê 96/49/EC (adapted)

                                                                    Article 12

This Directive shall enter into force on the Ö twentieth Õ day following that of  its  publication  in  the  Official  Journal  of  the  European
Ö Union Õ .

                                            ê 96/49/EC

                                                                    Article 13

This Directive is addressed to the Member States.

Done at Brussels, […]

For the European Parliament  For the Council
The President    The President
[…]   […]

                                            ê 2004/110/EC Art. 1

                                                                     ANNEX I

Regulation concerning the international carriage of dangerous goods by rail  (RID)  appearing  in  Annex  I  to  Appendix  B  to  the  Convention
concerning international carriage by rail (COTIF), as  applicable  with  effect  from  1  January  2005,  it  being  understood  that  the  terms
‘contracting party’ and ‘the States or the railways’ will be replaced by the term ‘Member State’.

The text of the amendments of the 2005 version of the RID will be published as soon  as  it  is  available  in  all  official  languages  of  the
Community.

                                                                 _______________

                                            é

                                                                     ANNEX II

                                                                      Part A

                                                Repealed Directive with its successive amendments
                                                           (referred to in Article 11)

|Council Directive 96/49/EC                                       |(OJ L 235, 17.9.1996, p. 25)                                       |
|Commission Directive 96/87/EC                                          |(OJ L 335, 24.12.1996, p. 45)                         |
|Annex to Council Directive 96/49/EC, as announced in Commission        |(OJ L 294, 31.10.1998, p. 1)                          |
|Directive 96/87/EC                                                     |                                                      |
|Commission Directive 1999/48/EC                                        |(OJ L 169, 5.7.1999, p. 58)                           |
|Directive 2000/62/EC of the European Parliament and of the Council     |(OJ L 279, 1.11.2000, p. 44)                          |
|Commission Directive 2001/6/EC                                         |(OJ L 30, 1.2.2001, p. 42)                            |
|Commission Decision 2002/885/EC                                        |(OJ L 308, 9.11.2002, p. 44)                          |
|Commission Directive 2003/29/EC                                        |(OJ L 90, 8.4.2003, p. 47)                            |
|Annexes A and B to Council Directive 96/49/EC as announced in          |(OJ L 121, 26.4.2004, p. 1)                           |
|Commission Directive 2001/6/EC                                         |                                                      |
|Commission Directive 2004/89/EC                                        |(OJ L 293, 16.9.2004, p. 14)                          |
|Commission Directive 2004/110/EC                                       |(OJ L 365, 10.12.2004, p. 24)                         |

                                                                      Part B

                                     List of time-limits for transposition into national law and application
                                                           (referred to in Article 11)

|Directive                                                            |Time-limit for transposition                                       |
|96/49/EC                                                             |31 December 1996                                                   |
|96/87/EC                                                             |31 December 1996                                                   |
|1999/48/EC                                                           |30 June 1999                                                       |
|2000/62/EC                                                           |30 April 2001                                                      |
|2001/6/EC                                                            |31 December 2001[15]                                               |
|                                                                     |31 December 2002[16]                                               |
|2003/29/EC                                                           |30 June 2003                                                       |
|2004/89/EC                                                           |1 October 2004                                                     |
|2004/110/EC                                                          |1 July 2005                                                        |

                                                                  _____________

                                                                    ANNEX III

                                                                Correlation Table

|Directive 96/98/EC                                                   |This Directive                                                 |
|Article 1(1), first sentence                                         |Article 1(1), first subparagraph                               |
|Article 1(1), second sentence                                        |Article 1(1), second subparagraph                              |
|Article 1(2), introductory words                                     |Article 1(2), introductory words                               |
|Article 1(2), first indent                                           |Article 1(2)(a)                                                |
|Article 1(2), second indent                                          |Article 1(2)(b)                                                |
|Article 1(2), third indent                                           |Article 1(2)(c)                                                |
|Article 1(2), fourth indent                                          |Article 1(2)(d)                                                |
|Article 1(2), fifth indent                                           |Article 1(2)(e)                                                |
|Article 2, introductory words                                        |Article 2, introductory words                                  |
|Article 2, first indent                                              |Article 2(a)                                                   |
|Article 2, second indent                                             |Article 2(b)                                                   |
|Article 2, third indent                                              |Article 2(c)                                                   |
|Article 2, fourth indent                                             |Article 2(d)                                                   |
|Article 3                                                            |Article 3                                                      |
|Article 4, first sentence                                            |Article 4, first paragraph                                     |
|Article 4, second sentence                                           |Article 4, second paragraph                                    |
|Article 5(1)                                                         |Article 5(1)                                                   |
|Article 5(2)(a), first sentence                                      |Article 5(2), first subparagraph                               |
|Article 5(2)(a), second sentence                                     |Article 5(2), second subparagraph                              |
|Article 5(2)(b), first sentence                                      |Article 5(3), first subparagraph                               |
|Article 5(2)(b), second sentence                                     |Article 5(3), second subparagraph                              |
|Article 5(2)(b), third sentence                                      |Article 5(3), third subparagraph                               |
|Article 5(2)(c)                                                      |Article 5(4)                                                   |
|Article 5(3), first sentence                                         |Article 5(5), first subparagraph                               |
|Article 5(3), second sentence                                        |Article 5(5), second subparagraph                              |
|Article 5(4)                                                         |Article 5(6)                                                   |
|Article 6(1) to (6)                                                  |Article 6(1) to (6)                                            |
|Article 6(7)                                                         |-                                                              |
|Article 6(8)                                                         |Article 6(7)                                                   |
|Article 6(9)                                                         |Article 6(8)                                                   |
|Article 6(10)                                                        |Article 6(9)                                                   |
|Article 6(11)                                                        |Article 6(10)                                                  |
|Article 6(12)                                                        |Article 6(11)                                                  |
|Article 6(13)                                                        |-                                                              |
|Article 6(14)                                                        |Article 6(12)                                                  |
|Articles 7, 8 and 9                                                  |Articles 7, 8 and 9                                            |
|Article 10(1)                                                        |-                                                              |
|Article 10(2)                                                        |Article 10                                                     |
|-                                                                    |Article 11                                                     |
|Article 11                                                           |Article 12                                                     |
|Article 12                                                           |Article 13                                                     |
|Annex                                                                |Annex I                                                        |
|-                                                                    |Annex II                                                       |
|-                                                                    |Annex III                                                      |

                                                                  _____________

                                                             -----------------------
[1]   COM(87) 868 PV.
[2]   See Annex 3 to Part A of the Conclusions.
[3]   Carried out pursuant to the Communication from the Commission to the European Parliament and the  Council  –  Codification  of  the  Acquis
      communautaire, COM(2001) 645 final.
[4]   See Annex II, Part A of this proposal.
[5]   OJ C […], […], p. […].
[6]   OJ C […], […], p. […].
[7]   OJ C […], […], p. […].
[8]   OJ L 235, 17.9.1996, p. 25. Directive as last amended by Directive 2004/110/EC (OJ L 365, 10.12.2004, p. 24).
[9]   See Annex II, Part A.
[10]  OJ L 117, 8.5.1990, p. 1. Directive as last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).
[11]  OJ L 106, 17.4.2001 p. 1. Directive as last amended by Regulation (EC) No 1830/2003 (OJ L 268, 18.10.2003, p. 24).
[12]  OJ L 262, 17.10.2000, p. 21.
[13]  OJ L 184, 17.7.1999, p. 23.
[14]  OJ L 319, 12.12.1994, p. 7. Directive as last amended by Directive 2000/61/EC of the European Parliament and of the Council (OJ  L  279  of
      1.11.2000, p. 40).
[15]  Concerning dangerous goods of class 7, as provided for by Article 2(1), first subparagraph, of Directive 2001/6/EC.
[16]  Concerning dangerous goods of other classes, as provided for by Article 2(1), first subparagraph, of Directive 2001/6/EC.