2005/903/EC: Commission Decision of  13 December 2005  amending Decision 2005/263/EC on authorising Member States to adopt certain derogations pursuant to Directive 94/55/EC with regard to the transport of dangerous goods by road  (notified under document number C(2005) 3565)   (Text with EEA relevance)

15.12.2005 EN Official Journal of the European Union L 328/62
COMMISSION DECISION
of 13 December 2005
amending Decision 2005/263/EC on authorising Member States to adopt certain derogations pursuant to Directive 94/55/EC with regard to the transport of dangerous goods by road
(notified under document number C(2005) 3565)
(Only the English, Lithuanian and Swedish texts are authentic)
(Text with EEA relevance)
(2005/903/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 94/55/EC of 21 November 1994 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road (1), and in particular Article 6(9) thereof,
Whereas:
(1) Pursuant to Article 6(9) of Directive 94/55/EC, Member States must give the Commission advance notification of their derogations for the first time by 31 December 2002 or up to two years after the last date of application of the amended versions of the Annexes to the Directive.
(2) Commission Directive 2003/28/EC (2) amended Annexes A and B to Directive 94/55/EC. By virtue of Directive 2003/28/EC Member States had to bring into force national legislation no later than 1 July 2003, as the last date of application referred to in Article 6(9) of Directive 94/55/EC was 30 June 2003.
(3) Certain Member States had notified the Commission by 31 December 2003 of their wish to adopt derogations from Directive 94/55/EC. By Decision 2005/263/EC of 4 March 2005 authorising Member States to adopt certain derogations pursuant to Directive 94/55/EC with regard to the transport of dangerous goods by road (3), the Commission authorised the adoption by the Member States of the derogations listed in Annexes I and II to that Decision.
(4) Sweden, the United Kingdom and Lithuania notified the Commission by 31 December 2004 of their wish to adopt new derogations and to amend their existing derogations in Annexes I and II to Decision 2005/263/EC. The Commission has examined the notifications for compliance with the conditions laid down in Article 6(9) of Directive 94/55/EC and has approved them. Those Member States should therefore be authorised to adopt the derogations in question.
(5) It is therefore necessary to amend Annexes I and II to Decision 2005/263/EC.
(6) The measures provided for in this Decision are in accordance with the opinion of the Committee on the transport of dangerous goods set up under Article 9 of Directive 94/55/EC,