Proposal for a Directive of the European Parliament and of the Council amending Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road
C 177 E/96 EN Official Journal of the European Communities 27. 6. 2000 Proposal for a directive of the European Parliament and of the Council amending Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road (2000/C 177 E/17) (Text with EEA relevance) COM(2000) 106 final - 2000/0044(COD) (Submitted by the Commission on 28 Februar 2000) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of Committee, the Economic and Social (6) Annex I to Directive 95/50/EC should be amended in order to take into account Commission Directive 1999/47/EC of 21 May 1999 adapting for the second time to technical progress Council Directive 94/55/EC on the approximation of the Member States with regard to the transport of dangerous goods by road (4). the laws of (7) Directive 95/50/EC should therefore be amended accordingly, Having regard to the opinion of the Committee of the Regions, HAVE ADOPTED THIS DIRECTIVE: Acting in accordance with the procedure referred to in Article 251 of the Treaty, Article 1 Directive 95/50/EC is hereby amended as follows: Whereas: (1) Council Directive 94/55/EC of 21 November 1994 on the the Member States with approximation of regard to the transport of dangerous goods by road (1) laid down uniform rules transportation of dangerous goods in the Community. the laws of the for (2) The Annexes to Council Directive 95/50/EC of 6 October 1995 on uniform procedures for checks on the transport of dangerous goods by road (2) are related to the Annexes to Directive 94/55/EC. Adaptation to scientific and technical progress of Annexes to Directive 94/55/EC may have an effect on the Annexes to Directive 95/50/EC. (3) Adaptation to scientific and technical progress of Annexes to Directive 94/55/EC is made using a Committee procedure. (4) It must be possible to adapt the Annexes to Directive 95/50/EC rapidly to scientific and technical progress. For that purpose, also for this Directive, a Committee should be set up. (5) Since the measures necessary for the implementation of this Directive are measures of general scope within the meaning of Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of conferred on the Commission (3), they should be adopted by use of the regu- latory procedure provided for in Article 5 of that Decision. implementing powers 1. The following Articles shall be inserted: Article 9a The amendments necessary to adapt to scientific and technical progress in the fields covered by this Directive, in particular to take account of amendments to Directive 94/55/EC, shall be adopted in accordance with the procedure laid down in Article 9b. the Annexes Article 9b The Commission shall be assisted by the committee on 1. the transport of dangerous goods instituted by Article 9 of Directive 94/55/EC (5), composed of representatives of the Member States and chaired by the representative of the Commission. 2. Where reference is made to this paragraph, the regu- latory procedure laid down in Article 5 of Decision 1999/468/EC shall apply, in compliance with Article 7 (3) and Article 8 thereof. The period provided for in Article 5(6) of Decision 3. 1999/468/EC shall be three months. í 2. Annex I is amended as follows: (a) In item 13 Gross mass of dangerous goods by transport unití shall be replaced by Total quantity of dangerous goods per transport unití; (1) OJ L 319, 12. 12. 1994, p. 7. (2) OJ L 249, 17. 10. 1995, p. 35. (3) OJ L 184, 17. 7. 1999, p. 23. (4) OJ L 169, 5. 7. 1999, p. 1. (5) OJ L 319, 12. 12. 1994, p. 7. 27. 6. 2000 EN Official Journal of the European Communities C 177 E/97 (b) In item 15 ábattery of receptaclesí shall be replaced by ábattery vehicleí; (c) In item 32 Tool set for temporary repairsí shall be replaced by One handlamp for each member of the vehicle crewí; (d) In item 34 Two orange-coloured lightsí shall be replaced by Two self-standing warning signsí; (e) In item 36 Driver’s personal protective equipmentí shall be replaced by A suitable warning vest or warning clothing for each member of the vehicle crewí. Article 2 When Member States adopt those measures they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. Member States shall determine how such reference is to be made. 2. Member States shall communicate to the Commission the texts of the essential provisions of national law which they adopt in the field governed by this Directive. Article 3 This Directive shall enter into force on the day of its publi- cation in the Official Journal of the European Communities. 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than. (1). They shall forthwith inform the Commission thereof. Article 4 This Directive is addressed to the Member States. (1) 6 months from the date of entry into force of this Directive