Amended proposal for a Directive of the European Parliament and of the Council amending Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road
26. 9. 2000 EN Official Journal of the European Communities C 274 E/103 Amended proposal for a Directive of the European Parliament and of the Council amending Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road (1) (2000/C 274 E/11) (Text with EEA relevance) COM(2000) 185 final - 1999/0083(COD) (Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 19 April 2000) (1) OJ C 171, 18. 6. 1999, p. 17. INITIAL PROPOSAL AMENDED PROPOSAL THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Unchanged Having regard to the Treaty establishing the European Community, and in particular Article 71(1)(c) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of Committee, the Economic and Social Having regard to the opinion of the Committee of the Regions, Acting in accordance with the procedure referred to in Article 251 of the Treaty, Whereas: (1) The standardisation work of the European Committee for Standardisation (CEN) on quality assurance in the transport of dangerous goods has not yet been completed and it is therefore necessary to amend the time limit laid down in Article 1 of Directive 94/55/EC (1), as amended by Commission Directive 96/86/EC (2). concerning (2) The work of the United Nations Economic Commission for Europe (UNECE) concerning the provisions on the centre of tank-vehicles laid down in Annex B to the gravity of European Agreement international carriage of dangerous goods by road (ADR) has not yet been completed and it is therefore necessary to amend laid down in Article 5(3) of Directive the time-limit 94/55/EC. ___________ (1) OJ L 319, 12. 12. 1994, p. 7 and OJ L 275, 28. 10. 1996, p. 1. (2) OJ L 335, 24. 12. 1996, p. 43. the C 274 E/104 EN Official Journal of the European Communities 26. 9. 2000 INITIAL PROPOSAL AMENDED PROPOSAL (3) The standardisation work of the European Committee for Standardisation (CEN) on receptacles and tanks has not yet been completed and it is therefore necessary to amend the time-limits laid down in Article 6(4) of Directive 94/55/EC. (4) It is necessary to ensure consistency between the provisions of Directive 94/55/EC and the amendments needed to adapt thereto to scientific and technical progress. the annexes (5) The time-limits in Article 6(4) regarding certain equipment must be postponed; the determination of such equipment and the date of application of Directive 94/55/EC should be made subject that Directive. to the procedures in Article 9 of (6) The derogations provided for in Article 6(9) of Directive to the procedure 94/55/EC should be made subject provided for in Article 9 of that Directive. (7) It is necessary to allow the Member States to adopt long-term derogations with regard to local transport operations and to make authorisation for this purpose to the procedure provided for in Article 9 of subject Directive 94/55/EC. (8) It is necessary to specify the conditions to be fulfilled for a transport operation to be regarded as ad hoc transport. (9) 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, (1) and those measures should be adopted in accordance with the regulatory procedure laid down in Article 5 of that Decision. implementing powers (9) Directive 94/55/EC should therefore be amended (10) Directive 94/55/EC should therefore be amended accordingly, accordingly, HAVE ADOPTED THIS DIRECTIVE: Unchanged Article 1 Directive 94/55/EC is hereby amended as follows: 1. Point (c) of Article 1(2) is replaced by the following: á(c) quality controls on undertakings where they carry out national transport operations as indicated in paragraph 1 of Annex C. ___________ (1) OJ L 184, 17. 7. 1999, p. 23. 26. 9. 2000 EN Official Journal of the European Communities C 274 E/105 INITIAL PROPOSAL AMENDED PROPOSAL The scope of the national provisions concerning the requirements set out in this point may not be extended. The provisions in question shall cease to apply if similar measures are made obligatory under Community provisions. Not less than two years after the entry into force of a European standard on quality control in the transport of dangerous goods, the Commission shall submit to the Council a report assessing the safety aspects covered together with an appropriate proposal by this point for its continuation or repeal. í 2. Article 5 is amended as follows: (a) in paragraph 2: the words áby Marginal 10599 of Annex Bí are replaced by áthe provision indicated in point 2 of Annex Cí; (b) paragraph 3(b) is amended as follows: (i) the words áof Marginal 211 128 of Annex B to this Directiveí are replaced by áof the provision indicated in point 3 of Annex Cí; (ii) the date 31 December 1998í is replaced by 30 June 2001í. lower á(c) Member States in which the ambient temperature is than - 20 °C may impose more regularly stringent standards as regards the operating temperature of materials for tanks and their equipment and plastic packagings intended for use in the domestic transport of dangerous goods by road within their territory until provisions on appropriate reference temperatures for defined climatic zones are incorporated in the annexes. í 3. Article 6 is amended as follows: Unchanged (a) paragraph 3 is replaced by the following: in the 3. Member States may authorise the use in their territory of vehicles constructed before 1 January 1997 which do not comply with these provisions but were constructed national accordance with requirements in force on 31 December 1996, provided that such vehicles are maintained to the required safety levels. Tanks and vehicles constructed on or after 1 January 1997 which do not comply with the provisions of Annex B but the construction of which meets the requirements of this Directive that are applicable on the date of their construction may, however, continue to be used for national transport until a date determined in accordance with the procedure laid down in Article 9í. C 274 E/106 EN Official Journal of the European Communities 26. 9. 2000 INITIAL PROPOSAL AMENDED PROPOSAL (a) paragraph 4 is replaced by the following: (b) paragraph 4 is replaced by the following: Unchanged 4. Member States may maintain their national provisions in force on 31 December 1996 relating to the construction, use and conditions of carriage of new receptacles within the meaning of the provision indicated in point 4 of Annex C and new tanks which do not comply with Annexes A and B, until references to standards for the construction and use of tanks and receptacles with the the provisions of this Directive are added to Annexes A and B, and not later than 30 June 2001. Receptacles and tanks constructed before 1 July 2001 and main- tained to the required safety levels may continue to be used under the original conditions. same binding force as These dates shall be postponed for some transportable for which there are no detailed pressure equipment technical for which no sufficient references to the appropriate European standards have been added to the Annex. requirements or The equipment concerned by this postponement and the date from which this Directive will be applicable to it shall be determined in accordance with the procedure provided for in Article 9í; (b) paragraph 9 is replaced by the following: (c) paragraph 9 is replaced by the following: Unchanged 9. If Member States intend to adopt provisions that are less strict than those laid down in the Annexes for transport operations confined to their territory and relating only to small quantities of certain dangerous goods, with the exception of substances with average and high radioactivity, they shall notify the Commission thereof. If Member States intend to lay down provisions different from those contained in the Annexes in respect of local transport limited to their territory, the shall notify the Commission thereof, provided that no stricter provisions transport operations effected by a are required for vehicle registered in another Member Stateí; (c) in paragraph 10, the words áof Marginals 2010 and 10 602 of Annexes A and Bí are replaced by áof the provisions indicated in point 5 of Annex Cí; (d) in paragraph 10, the words áof Marginals 2010 and 10 602 of Annexes A and Bí are replaced by áof the provisions indicated in point 5 of Annex Cí; (d) paragraph 11 is replaced by the following: (e) paragraph 11 is replaced by the following: 11. Member States may issue administrative author- isations, valid for their territory only, to carry out ad hoc transport operations of dangerous goods which are either prohibited by the Annexes or are effected under conditions different from those provided for by those transport Annexes, on condition that operations transport to operations which are clearly defined and limited in timeí; those ad hoc exceptional correspond Unchanged 26. 9. 2000 EN Official Journal of the European Communities C 274 E/107 INITIAL PROPOSAL AMENDED PROPOSAL (e) in paragraph 12, the words Marginals 2010 and 10 602 of Annexes A and Bí are replaced by áthe provisions indicated in point 5 of Annex Cí. (f) in paragraph 12, the words Marginals 2010 and 10 602 of Annexes A and Bí are replaced by áthe provisions indicated in point 5 of Annex Cí. 4. In Article 8 the reference Annexes A and Bí is replaced by Unchanged Annexes A, B and Cí. 5. Article 9 is replaced by the following: The Commission shall be assisted by a committee on 1. the transport of dangerous goods, which shall consist of representatives of the Member States and be chaired by a representative of the Commission. 2. Where reference is made to this paragraph, the regu- latory procedure provided for in Article 5 of Decision 1999/468/EC shall apply, to the provisions of subject Article 7(3) and Article 8 thereof. The period provided for in Article 5(6) of Decision 3. 1999/468/EC is set at three months. í 5. Annex C, as shown in the Annex to this Directive, is added. 6. Annex C, as shown in the Annex to this Directive, is added. Article 2 Article 2 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 2000. They shall forthwith inform the Commission thereof. 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 2001. They shall forthwith inform the Commission thereof. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a their official publication. reference on the occasion of Member States shall determine how such reference is to be made. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a their official publication. reference on the occasion of Member States shall determine how such reference is to be made. 2. Member States shall communicate to the Commission the text of the essential provisions of national law which they adopt in the field governed by this Directive. Unchanged Article 3 Article 3 This Directive shall enter into force on the third day following that of its publication in the Official Journal of the European Communities. This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities. Article 4 Unchanged This Directive is addresses to the Member States. C 274 E/108 EN Official Journal of the European Communities 26. 9. 2000 ANNEX ANNEX C Special provisions relating to certain articles of Directive 94/55/EC 1. The national transport operations covered by Article 1(2)(c) shall be the following: i) Explosive substances and articles in Class 1, where the quantity of explosive substances contained per transport unit exceeds: - 1 000 kg for division 1. 1, or - 3 000 kg for division 1. 2, or - 5 000 kg for divisions 1. 3 and 1. 5; ii) the following substances in tanks or in tank containers of a total capacity exceeding 3 000 l: - Class 2: gas assigned to the following risk groups: F, T, TF, TC, TO, TFC, TOC; - Classes 3, 4. 1, 4. 2, 4. 3, 5. 1, 5. 2, 6. 1, 8: substances not listed under (b) or (c) in those Classes or listed therein but having a hazard code with three or four more significant digits (not including any zero); iii) the following packages of Class 7 (radioactive materials): packages of fissile materials, packages of type B(U), packages of type B(M). 2. The special provision applicable to Article 5(2) shall be Marginal 10 599 of Annex B. 3. The special provision applicable to Article 5(3)(b) shall be Marginal 211 128 of Annex B. 4. The special provision applicable to Article 6(4) shall be Marginal 2211 of Annex 1. 5. The special provision applicable to Article 6(10) and (12) shall be Marginals 2010 and 10 602 of Annexes A and B. í