CELEX: 51994PC0340
Language: en
Date: 1994-07-29
Title: Amended proposal for a COUNCIL DIRECTIVE ON UNIFORM PROCEDURES FOR CHECKS ON THE TRANSPORT OF DANGEROUS GOODS BY ROAD

COMMISSION OP THE EUROPEAN COMMUNITIES
                                                           C0M(94) 340 flnal-SYN 487
                                                           Brussels, 29.07.1994
                                         Amended proposal for a
         lira                               COUNCIL PI RETIVE
            m
                                      ON UNIFORM PROCEDURES
                                 FOR CHECKS ON THE TRANSPORT OF
                                    DANGEROUS GOODS BY ROAD
                       (presented by the Commission pursuant t o A r t i c l e 189 A ( 2 )
                                           o f t h e EC-Treaty)
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                        EXPLANATORY MEMORANDUM
A.   On 15 December 1993, the Commission sent to the Council a proposal for
     a Directive on uniform procedures for checks on the transport of dangerous
     goods by road (COM(93)665 final - SYN 4871 ).
     On 27 April 19942, the Economic and Social Committee adopted its opinion
     which supports the Commission in the principle and the objectives of the
     proposed Directive, subject to comments on some practical difficulties.
     On 3 May 19943, the European Parliament approved the proposal at its first
     reading.
     The Commission accepts seven of the twelve requests.
     Furthermore, the Commission could not accept the other amendments
     proposed by the Parliament for the following reasons :
   - Amendment to article 4 a) :
     the scope of this article would be reduced.
   - Amendment to article 5 :
     the effects of this article would be weakened as the amendment expresses a
     possibility only whereas the original article imposes an obligation.
       OJ N" C 26 of 29.1.1994, p. 10.
       OJ N* C
       OJ N" C
 ---pagebreak---                                         -2-
       Amendment to article 9 :
       too heavy and disproportionate a workload would be imposed on the Member
       States and the Commission in comparison with the aim of the proposal.
       Amendments to Annexes I and H :
       the obligation to carry out checks and to foresee infringements on standards -
        already the subject of other Community legislation - is unacceptable.
B. The Commission therefore proposes to amend its proposal as follows:
   Amendment n* 1 adds a new recital to justify the necessity for Member States
   to inform the Commission on the enforcement of the controls.
   Amendment n* 2 relates to the undertakings in which dangerous goods are
   temporarily stored in the course of a transport operation and which should be
   subject to checks.
   Amendment n' 3 stipulates when an infringing vehicle can be immobilized.
   Amendment n'4 states that, in case of the examination of the samples of the
   goods transported by a laboratory, the latter shall be recognized by the competent
   authorities.
   Amendment n'S modifies the text of Article 6(1) from a linguistic viewpoint in
   the official languages of the Communities (not applicable to the English version).
   Amendment n* 6 postpones the date of entry into force of the Directive from
   1 January 1995 to 1 January 1996.
   Amendment n° 7 adds in the checklist (Annex I) an item to be covered regarding
   the condition of the vehicle in conformity with marginal 10 282 of the ADR.
 ---pagebreak---                                               -3-
                                  Amended proposal for a
                                      COUNCIL DIRECTIVE
                                ON UNIFORM PROCEDURES
                        FOR CHECKS ON THE TRANSPORT OF
                              DANGEROUS GOODS BY ROAD
The proposal from the Commission forming the subject of document COM(93)665
final - SYN 4871 is hereby amended as follows :
  Initial text proposed by the Commission                         Amended text
                                           Amendment n* 1
                                           Recital 7a (new)
                                                     Whereas it is necessary to monitor the
                                                     enforcement of these provisions with a
                                                     view to achieving common standards
                                                     across the Community;
           OJ N' C 26 of 29.1.1994, p. 10.
 ---pagebreak---                                        -4
Initial text proposed by the Commission                    Amended text
                                  Amendment n° 2
                               Article 2, second indent
'undertakings' means any natural             'undertakings' means any natural
person, whether or not profit-seeking,       person, whether or not profit-seeking,
any association or group of persons          any association or group of persons
without legal personality, whether or        without legal personality, whether or
not profit-seeking, and any body             not profit-seeking, and any body
coming under a public authority,             coming under a public authority,
whether itself possessing legal              whether itself possessing legal
personality or dependent on an               personality or dependent on an
authority having such personality,           authority having such personality,
which carry, load, or unload dangerous       which carry, load, or unload dangerous
goods or cause them to be carried, and       goods or cause them to be carried, and
those which store, collect, package or       those which temporarily store, collect,
take delivery of such goods for their        package or take delivery of such goods
later conveyance^ which are located in       as pajt of a transport operation., which
Ûm tenitafy of the Community;                are located in the territory of the
                                             Community;
Initial text proposed by the Commission                    Amended text
                                  Amendment n° 3
                                     Article 4(c)
(c) These places shall be selected so as     (c)   These places shall be selected so
     to make it possible to bring                  as to make it possible to bring
     infringing vehicles into compliance           infringing vehicles into
     ox to immobilize them without                 compliance or. when the
     causing a safety hazard.                      authority which carries out the
                                                   check considers it to be
                                                   appropriate, to immobilize them
                                                   without causing a safety hazard.
 ---pagebreak--- Initial text proposed by the Commission                     Amended text
                                    Amendment n* 4
                                       Article 4(d)
(d)     Where appropriate, samples of          (d)  Where appropriate, samples of
        the goods transported may be                the goods transported may be
        taken for examination by                    taken for examination by â
        recognized laboratories.                    laboratory recognized by the
                                                    competent authorities.
Initial text proposed by the Commission                     Amended text
                                    Amendment n* 5
                                       Article 6(1)
 1.     Checks may also be carried out at      Not applicable to English version,
        the premises of undertakings, in
        particular where infringements
        which jeopardize safety in the
        transport of dangerous goods
        have been recorded on the road.
 Initial text proposed by the Commission                    Amended text
                                    Amendment n* 6
                            Article 10(1), first subparagraph
 1.      Member States shall bring into         1.   Member States shall bring into
         force the laws, regulations and             force the laws, regulations and
         administrative provisions                   administrative provisions
         necessary to comply with this               necessary to comply with this
         Directive by 1 January 1995.                 Directive by 1 January 1996.
         They shall forthwith inform the             They shall forthwith inform the
         Commission thereof.                         Commission thereof.
 ---pagebreak---                                      -6-
 Initial text proposed by the Commission E               Amended text
                                             a"7
                ANNEX I, 'Vehicle equipment* title and item 22a (new)
 Vehicle equipment                        Vehicle equipment and condition
                                          22& Vefeyfe m*Miition shall comply
                                                 wni? piyginal lQ2g2pffhe
                                                 ADR.
Done at Brussels                                 For fte Cpyngjl
 ---pagebreak--- S^Jj^r .rttw*,t»^"* " 9 * * ^
                                                                          -?-
                                                                                                   ESN 0254-1475
                                                                                            COM(94) 340 final
                                                                                    DOCUMENTS
                              EN                                                                        02 07
                                                              Catalogue number : CB-CO-94-354-EN-C
                                                                                           ISBN 92-77-71949-4
                              Offîce for Official Publications of the European Communities
                              L-2985 Luxembourg