Amended proposal for a Council Directive on the harmonisation of examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland waterways
C 52/16 EN Official Journal of the European Communities 23. 2. 1999 Amended proposal for a Council Directive on the harmonisation of examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland waterwaysØ(˛) (1999/C 52/11) (Text with EEA relevance) COM(1998) 803 final - 98/0106(SYN) (Submitted by the Commission pursuant to Article 189a(2) of the EC Treaty on 23 December 1998) (˛) OJ C 148, 14. 5. 1998, p. 21. ORIGINAL TEXT AMENDED TEXT (Amendment 1) Article 1(2) Member States shall take all necessary and appropriate measures to ensure that safety advisers are examined in the conformity with present Directive. the requirements provided by Member States shall take all necessary and appropriate measures to ensure that safety advisers for the transport of dangerous goods are examined in conformity at least with the requirements provided by the present Directive. (Amendment 2) Article 3(2) In the examination, the candidates shall demonstrate that they have sufficient knowledge to be awarded the vocational certificate. In the examination, the candidates shall demonstrate that they have sufficient knowledge to be capable of fulfilling the tasks of an adviser in an undertaking whose activity includes the transport of dangerous goods or the loading and unloading connected with such transport. (Amendment 4) Article 3(4) The examination shall take the form of a written examÜ ination. The examination shall take the form of a written examÜ ination, but may be supplemented by an oral element. (Amendment 5) Article 3(5)(a) (a) Each candidate shall be asked questions on the subject matters covered by Annex II of Directive 96/35/EC as follows: (a) Questions shall be set on the subject matters listed in Annex II of Directive 96/35/EC, the requirements being as follows: 1. Three questions on each subject listed below: 1. At least three questions on each subject listed below: - General preventative and safety measures, - General preventative and safety measures, 23. 2. 1999 EN Official Journal of the European Communities C 52/17 ORIGINAL TEXT AMENDED TEXT - The classification of dangerous goods, - The classification of dangerous goods, - General packaging requirements, to include tankers, tank containers, tank wagons, etc. , - General packaging requirements, to include tankers, tank containers, tank wagons, etc. , - Danger markings and labels, - Danger markings and labels, - References in transport documents, - References in transport documents, - Handling and stowage, - Handling and stowage, - Crews: vocational training, - Crews: vocational training, - Vehicle papers, means of transport certificates, - Vehicle papers, means of transport certificates, - Safety instructions, - Safety instructions, - Requirements relating to transport equipment. - Requirements relating to transport equipment. 2. Two questions on each subject listed below: 2. At least two questions on each subject listed below: - The method of consignment and restrictions - The method of consignment and restrictions on dispatch, on dispatch, - Prohibitions and precautions relating to mixed - Prohibitions and precautions relating to mixed loading, loading, - The segregation of substances, - The segregation of substances, - Limits on the quantities carried and exempted - Limits on the quantities carried and exempted quantities, quantities, - Cleaning and/or degassing before loading and - Cleaning and/or degassing before loading and after unloading, after unloading, - Traffic and/or navigation regulations and - Traffic and/or navigation regulations and restrictions, restrictions, - Operational and accidental discharges of - Operational and accidental discharges of pollutants. pollutants. 3. One question on each subject listed below: 3. At least one question on each subject listed below: - The transport of passengers, - The transport of passengers, - Surveillance of obligations: parking. - Surveillance of obligations: parking. C 52/18 EN Official Journal of the European Communities 23. 2. 1999 ORIGINAL TEXT AMENDED TEXT (Amendment 7) Article 4(1) (gases), Class 7 1. Ú Notwithstanding Article 3 paragraph 5, Member States may provide that avisers working for undertakings as defined in Article 2 whose activities are concerned only with specific dangerous goods, namely Class 1 (explosives), Class 2 (radioactive material) or mineral oil products (UN numbers 1202, 1203, 1223), shall be tested, in accordance with Annex II of Directive 96/35/EC only on the subject matters related to their activities. The EC certificate of training issued in accordance with Annex III of Directive 96/35/EC will clearly indicate that it is valid only for the specific dangerous goods in accordance with this Article for which the adviser has been examined. 1. Ú Notwithstanding Article 3 paragraph 5, Member States may provide that candidates wishing to work as advisers for undertakings as defined in Article 2 whose activities are concerned only with specific dangerous goods shall be tested, in accordance with Annex II of Directive 96/35/EC only on the subject matters related to their activities. The types of goods concerned are as follows: - Class 1: Explosives, - Class 2: Gases, - Class 7: Radioactive material, - Mineral oil products (UN Numbers 1202, 1203, 1223), - Classes 3, 4, 5, 6, 8 and 9: Solids and liquids. The EC certificate of training issued in acordance with Annex III of Directive 96/35/EC will clearly indicate that it is valid only for the specific dangerous goods in accordance with this Article for which the adviser has been examined. (Amendment 9) Article 7 Member States shall assist one another in the implemenÜ tation of this Directive and shall exchange information on the catalogue of questions, as referred to in Article 3 paragraph 3. this Directive by Member States shall assist one another in the implemenÜ tation of the Commission, at regular intervals, on the catalogue of questions, as referred to in Article 3 paragraph 3. The Commission shall the other Member States thereof. forwarding inform to (Amendment 10) Article 9(3) Member States shall lay down the system of penalties for breaching the national provisions adopted pursuant to this Directive and shall take all the measures necessary to ensure that those penalties are applied. The penalties thus provided for shall be effective, proportionate and dissuasive. Member States shall notify the relevant provisions to the Commission not later than 30 June 1998 and shall notify any subsequent changes as soon as possible. Member States shall lay down the system of penalties for breaching the national provisions adopted pursuant to this Directive and shall take all the measures necessary to ensure that those penalties are applied. The penalties thus provided for shall be effective, proportionate and dissuasive. Member States shall notify the relevant provisions to the Commission not later than 30 June 1999 and shall notify any subsequent changes as soon as possible