2003/627/EC: Commission Decision of 20 August 2003 authorising Member States pursuant to Directive 96/49/EC to adopt certain derogations with regard to the transport of dangerous goods by rail (Text with EEA relevance) (notified under document number C(2003) 3026)

Commission Decision
of 20 August 2003
authorising Member States pursuant to Directive 96/49/EC to adopt certain derogations with regard to the transport of dangerous goods by rail
(notified under document number C(2003) 3026)
(Text with EEA relevance)
(2003/627/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to 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(1) as amended by Directive 2000/62/EC of the European Parliament and of the Council(2), and in particular Article 6(9) and (11) thereof,
Having regard to the notification received from the Member States concerned,
Whereas:
(1) Pursuant to Directive 96/49/EC, Member States may adopt provisions which are less stringent than those provided for in the Annexes to that Directive with regard to 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. A number of Member States have notified to the Commission their wish to adopt such provisions. Those provisions have been examined by the Commission which has concluded that the relevant conditions are met. It is therefore appropriate to authorise the adoption of those provisions.
(2) Pursuant to Directive 96/49/EC, 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 the Annex to that Directive or are performed under conditions different from those set out in that Annex, where such operations are of a local nature and are tightly controlled under clearly specified conditions. A number of Member States have notified to the Commission their wish to adopt provisions authorising such regular transport. The Commission has concluded that the requirements for such authorisation are met. It is therefore appropriate to authorise the Member States concerned to adopt such provisions.
(3) The measures provided for in this Decision are in accordance with the opinion of the Committee on transport of dangerous goods, set up by Article 9 of Directive 94/55/EC,