BETA


2006/0278(COD) Inland transport of dangerous goods

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead TRAN LIBERADZKI Bogusław (icon: PSE PSE)
Former Responsible Committee TRAN LIBERADZKI Bogusław (icon: PSE PSE)
Former Committee Opinion ENVI
Lead committee dossier:
Legal Basis:
EC Treaty (after Amsterdam) EC 071

Events

2008/09/30
   Final act published in Official Journal
Details

PURPOSE: to ensure the safe and secure transport of dangerous goods within the European Union.

LEGISLATIVE ACT: Directive 2008/68/EC of the European Parliament and of the Council on the inland transport of dangerous goods.

CONTENT: the Directive updates and simplifies the existing rules for the transport of dangerous goods by integrating the rules into a single harmonised directive.

Scope : the Directive shall apply to the transport of dangerous goods by road, by rail or by inland waterway within or between Member States, including the activities of loading and unloading, the transfer to or from another mode of transport and the stops necessitated by the circumstances of the transport.

The Regulation exempts a Member State that has no railway system from the obligation to transpose and implement this Directive in relation to rail transport. It also allows Member States that have no inland waterways or whose inland waterways are not linked, by inland waterway, to the waterways of other Member States to decide not to apply the Directive in relation to the transport of dangerous goods by inland waterway.

Member States may lay down specific safety requirements for the national and international transport of dangerous goods within their territory as regards: (a) the transport of dangerous goods by vehicles, wagons or inland waterway vessels not covered by this Directive; (b) where justified, the use of prescribed routes including the use of prescribed modes of transport; (c) special rules for the transport of dangerous goods in passenger trains.

Member States may also regulate or prohibit, strictly for reasons other than safety during transport , the transport of dangerous goods within their territory.

Restrictions on grounds of transport safety : Member States may on grounds of transport safety apply more stringent provisions, with the exception of construction requirements, concerning the national transport of dangerous goods by vehicles, wagons and inland waterway vessels registered or put into circulation within their territory.

If, in the event of an accident or incident within its territory, a Member State considers that the safety provisions applicable have been found to be insufficient and if there is an urgent need to take action, that Member State shall notify the Commission of the measures which it proposes to take. The Commission shall decide whether to authorise the implementation of the measures in question and the duration of that authorisation.

Derogations : Member States may authorise the use of languages other than those provided for in the Annexes for transport operations performed within their territories. Provided that safety is not compromised, Member States may request derogations: (a) for the transport within their territories of small quantities of certain dangerous goods, with the exception of substances having a medium or high level of radioactivity, provided that the conditions for such transport are no more stringent than the conditions set out in those Annexes; (b) for the transport of dangerous goods within their territory in the case of: (i) local transport over short distances; or (ii) local transport by rail on particular designated routes, forming part of a defined industrial process and being closely controlled.

Adaptations : the amendments necessary to adapt the Annexes to scientific and technical progress, including the use of technologies for tracking and tracing, in the fields covered by this Directive, in particular to take account of amendments to the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), the Regulations concerning the International Carriage of Dangerous Goods by Rail (RID) and the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (AND), shall be adopted in accordance with the regulatory procedure with scrutiny.

The Commission shall provide financial support, as appropriate, to the Member States for the translation of the ADR, RID and ADN and their modifications into their official language.

ENTRY INTO FORCE: 01/11/2008

TRANSPOSITION: 30/06/2009.

Member States shall be allowed a transitional period of up to two years (until 30/06/2011) for the application of the provisions of this Directive to the transport of dangerous goods by inland waterway so as to allow sufficient time for the adaptation of national provisions, the establishment of legal frameworks and the training of personnel.

2008/09/24
   CSL - Draft final act
Documents
2008/09/24
   CSL - Final act signed
2008/09/24
   EP - End of procedure in Parliament
2008/06/19
   EP - Decision by Parliament, 2nd reading
Details

The European Parliament adopted, under the 2 nd reading of the codecision procedure, a legislative resolution approving the common position adopted by the Council with a view to the adoption of a directive of the European Parliament and of the Council on the inland transport of dangerous goods.

The recommendation for second reading had been tabled for consideration in plenary by Bo gusław LIBERADZKI (PES, PL) on behalf of the Committee on Transport and Tourism.

The text was approved unamended, given that the Council adopted all of the amendments that had already been tabled at first reading. The two modifications introduced by the Council in the interim period have also been approved. First of all, a new paragraph has been introduced, which allows Member States to regulate or prohibit, strictly for reasons other than safety during transport, the transport of dangerous goods within their territory. Secondly, the Council indicated that the Commission should provide financial support to the Member States for the translation of the European Agreements and Regulations in the sector.

Documents
2008/06/18
   EP - Debate in Parliament
2008/06/05
   EP - Committee recommendation tabled for plenary, 2nd reading
Documents
2008/06/05
   EP - Committee recommendation tabled for plenary, 2nd reading
Documents
2008/05/29
   EP - Vote in committee, 2nd reading
Details

The Committee on Transport and Tourism adopted a report by Bogusław LIBERADZKI (PES, PL) and unanimously approved the common position for adopting a directive of the European Parliament and of the Council on the inland transport of dangerous goods.

2008/04/10
   EP - Committee referral announced in Parliament, 2nd reading
2008/04/09
   EP - Committee draft report
Documents
2008/04/08
   EC - Commission communication on Council's position
Details

The Commission is of the view that the Council’s common position reflects all of the main objectives of its initial proposal. The common position, which was adopted unanimously on 7 April 2008, reflects the compromise text agreed by all three institutions.

Both Parliament and Council made several amendments to the proposed Directive. To recall, a package of compromise amendments were adopted by Parliament during Plenary in September 2007. The amendments were agreed on by all three institutions with a view to finding final agreement at first reading. However, two minor omissions were discovered in the operative part of the text adopted by the EP (corresponding recitals were adopted). The texts concerning the application of rules for reasons other than safety and the financing of translations were omitted. These omissions were simply errors, there was no disagreement on the substance of the texts. The text of the two omissions are as follows:

Article 1(5): Member States may regulate or prohibit, strictly for reasons other than safety during transport, the transport of dangerous goods within their territory Article 8(2): The Commission shall provide financial support, as appropriate, to the Member states for the translation of the ADR, RID and ADN and their modifications into their official language.

To conclude the Commission can accept the common position as it stands .

2008/04/07
   CSL - Council position
Details

Prior to the adoption of the common position, a number of informal contacts had already taken place between the Council, the European Parliament and the Commission with a view to reaching agreement at first reading, thereby avoiding the need for a second reading.

The rapporteur, Boguslaw LIBERADZKI , presented a number of compromise amendments, which were later adopted by the plenary. Thus, once the legal linguists had scrutinized the text, the Council was in a position to adopt the legislative act. At a certain stage, however, the Legal Service of the European Parliament discovered a discrepancy, which had occurred during the vote at the plenary. More precisely, Amendment 17, consisting of two parts namely, the first part Article 1(5) of the proposal, on which agreement was reached during the informal contacts, and the second part, which was rejected in order to reach a compromise solution. Through error, the whole of Amendment 17 was rejected. As a result, a contradiction emerged between the intention of the EP and the formal vote.

Initially, it was hoped that the problem could be solved in the form of a Corrigendum to be adopted by the EP plenary, which would enable the Council to endorse the EP position without amendments. In February 2008, however, Parliament informed the Council that it would be unable to follow this procedure. An agreement at first reading was, therefore, not possible and the Council had to adopt a common position.

In its common position, the Council introduced several modifications, which can be summarised as follows:

those Member States which have no railway systems will be exempted from transposing and implementing the proposed Directive, insofar as rail is concerned; all Member States, which have no inland waterways or whose inland waterways are not linked to those of other Member States, will be given the possibility of not applying the Directive, insofar as inland waterway transport of dangerous goods is concerned; a transitional period of up to two years for the application of inland waterways provisions is provided for to allow sufficient time for the adoption of national provisions; the establishment of legal frameworks; and the training of personnel.

Parliamentary amendments:

The text adopted by the European Parliament corresponds to the text of the Council, with two exceptions. They concern two omissions of the EP text namely:

1. Article 1(5), as explained under 2.1

2. Article 8(2) on the financing of translations by the Commission. There was no intention to exclude this paragraph from the EP text, since the relevant Recital 17 appears in the text.

To conclude, the Council is of the view that the proposed Directive on the inland transport of dangerous goods will make a very important contribution to ensuring the safety and security of the transport of dangerous goods in the European Union. The proposed Directive will simplify and update the existing dangerous goods rules and at the same time extend the scope of the current rules by including inland waterways. Thus the proposed Directive will provide a user-friendly single set of rules for the inland transport of dangerous goods in the European Union .

Documents
2008/04/07
   CSL - Council Meeting
2008/04/06
   CSL - Council position published
Details

Prior to the adoption of the common position, a number of informal contacts had already taken place between the Council, the European Parliament and the Commission with a view to reaching agreement at first reading, thereby avoiding the need for a second reading.

The rapporteur, Boguslaw LIBERADZKI , presented a number of compromise amendments, which were later adopted by the plenary. Thus, once the legal linguists had scrutinized the text, the Council was in a position to adopt the legislative act. At a certain stage, however, the Legal Service of the European Parliament discovered a discrepancy, which had occurred during the vote at the plenary. More precisely, Amendment 17, consisting of two parts namely, the first part Article 1(5) of the proposal, on which agreement was reached during the informal contacts, and the second part, which was rejected in order to reach a compromise solution. Through error, the whole of Amendment 17 was rejected. As a result, a contradiction emerged between the intention of the EP and the formal vote.

Initially, it was hoped that the problem could be solved in the form of a Corrigendum to be adopted by the EP plenary, which would enable the Council to endorse the EP position without amendments. In February 2008, however, Parliament informed the Council that it would be unable to follow this procedure. An agreement at first reading was, therefore, not possible and the Council had to adopt a common position.

In its common position, the Council introduced several modifications, which can be summarised as follows:

those Member States which have no railway systems will be exempted from transposing and implementing the proposed Directive, insofar as rail is concerned; all Member States, which have no inland waterways or whose inland waterways are not linked to those of other Member States, will be given the possibility of not applying the Directive, insofar as inland waterway transport of dangerous goods is concerned; a transitional period of up to two years for the application of inland waterways provisions is provided for to allow sufficient time for the adoption of national provisions; the establishment of legal frameworks; and the training of personnel.

Parliamentary amendments:

The text adopted by the European Parliament corresponds to the text of the Council, with two exceptions. They concern two omissions of the EP text namely:

1. Article 1(5), as explained under 2.1

2. Article 8(2) on the financing of translations by the Commission. There was no intention to exclude this paragraph from the EP text, since the relevant Recital 17 appears in the text.

To conclude, the Council is of the view that the proposed Directive on the inland transport of dangerous goods will make a very important contribution to ensuring the safety and security of the transport of dangerous goods in the European Union. The proposed Directive will simplify and update the existing dangerous goods rules and at the same time extend the scope of the current rules by including inland waterways. Thus the proposed Directive will provide a user-friendly single set of rules for the inland transport of dangerous goods in the European Union .

Documents
2008/03/27
   EP - LIBERADZKI Bogusław (PSE) appointed as rapporteur in TRAN
2007/10/18
   EC - Commission response to text adopted in plenary
Documents
2007/09/05
   EP - Results of vote in Parliament
2007/09/05
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted by a large majority a resolution drafted by Bogusław LIBERADZKI (PES, PL) on the proposal on the inland transport of dangerous goods. It is expected that this report at first reading in co-decision may lead to a direct agreement with Council. Parliament made some amendments, the principal ones being the following:

a new recital states that the provisions of the Directive should not apply to the transport of dangerous goods under the direct and physical responsibility of the armed forces. The transport of dangerous goods carried out by commercial contractors working for the armed forces should, however, fall within the scope of the Directive unless their contractual duties are exercised under the direct and physical responsibility or supervision of the armed forces; a Member State which has no railway system, and no immediate prospect of having one, would be under a disproportionate and pointless obligation if it had to transpose and implement the provisions of the Directive in respect of rail. Therefore, such a Member State should be exempted, for as long as it has no railway system, from the obligation to transpose the Directive in so far as rail is concerned; without prejudice to Community law and the provisions of Chapter 1.9 of Annexes I.1, II.1 and III.1, it should be possible for Member States, for reasons of transport safety, to establish specific and clearly provisions in areas not covered by the Directive; each Member State should retain the right to regulate or prohibit the transport of dangerous goods within its territory, on grounds other than safety, such as grounds of national security or environmental protection; derogations should be listed in the directive as "national derogations", rather than "additional national provisions"; the amendments to the ADR, RID and ADN and the corresponding adaptations to the Annexes should enter into force simultaneously. A recital states that the Commission should provide Member States with financial support, as appropriate, for the translation of the ADR, RID and AND and their modifications into their official language; in order to address unusual and exceptional situations, Member States should have the right to grant individual authorisations allowing the transport of dangerous goods within their territory which would otherwise be prohibited by this Directive; Member States should also be permitted to maintain and develop provisions for the transport of dangerous goods by rail between Member States and States which are contracting parties to the Organisation for Cooperation of Railways (OSJD) until the rules of Annex II to the Agreement on International Goods Transport by Rail (SMGS) and the provisions of Annex II, Section II.1., and thereby the RID, have been harmonised. Within 10 years of the entry into force of this Directive, the Commission should assess the consequences of these provisions and, if necessary, submit appropriate proposals; accordingly, Member States may lay down specific safety requirements for the national and international transport of dangerous goods within their territory as regards :

a) the transport of dangerous goods by vehicles, wagons and inland waterway vessels not covered by the Directive;

b) where justified, the use of prescribed routes, including the use of prescribed modes of transport;

c) special rules for the transport of dangerous goods in passenger trains.

They shall inform the Commission of such provisions and their justifications. It shall inform the other Member States accordingly;

every Member State may also, exceptionally and provided that safety is not compromised, issue individual authorisations to carry out transport operations of dangerous goods within its territory which are prohibited by the Directive or to carry out such operations under conditions different from those laid down in the Directive, provided that these transport operations are clearly defined and limited in time; the definition of “vehicle” is amended; Directives 94/55/EC, 96/49/EC, 96/35/EC, and 2000/18/EC will be repealed on 30 June 2009; Member States will be granted a transitional period of up to two years for the application of the provisions of the Directive in respect of inland waterways so as to allow sufficient time for the adaptation of national provisions, the establishment of legal frameworks and the training of personnel. Accordingly, Member States may choose not to apply the provisions of Annex III, Section III.1. until, at the latest, 30 June 2011. In such case, a Member State shall continue to apply the provisions of Directives 96/35/EC and 2000/18/EC, as regards inland waterways, as applicable on 30 June 2009. A general transitional period of five years will be granted for all ship and personnel certificates issued prior to or during the transitional period for the application of the Directive in respect of inland waterways, unless a shorter period of validity is indicated in the certificate; the report ensured the harmonisation of changing time periods with a 2 year rhythm of amendments to the ADR, RID and AND. Certain derogations will be valid for a period of 6 years (rather than 5) from the date of authorisation, taking into account the 2 year rhythm of amendments to the ADR, RID and AND; in accordance with the Interinstitutional Agreement on better law-making, Member States are encouraged to draw up, for themselves and in the interest of the Community, their own tables, which will, as far as possible, illustrate the correlation between the Directive and the transposition measures and to make them public; the transposition date is set for 30 June 2009; Member States may maintain national restrictions on the transport of substances containing dioxins and furans for certain periods of time.

Documents
2007/09/04
   EP - Debate in Parliament
2007/07/11
   ESC - Economic and Social Committee: opinion, report
Documents
2007/06/28
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2007/06/28
   EP - Committee report tabled for plenary, 1st reading
Documents
2007/06/26
   EP - Vote in committee, 1st reading
Details

The Committee on Transport and Tourism unanimously adopted a report drawn up by Bogusław Liberadzki (PES, Poland) on the proposal on the inland transport of dangerous goods. It made some amendments, the principal ones being the following:

- a new recital states that the provisions of the Directive should not apply to the transport of dangerous goods under the direct and physical responsibility of the armed forces. The transport of dangerous goods carried out by commercial contractors working for the armed forces should, however, fall within the scope of the Directive unless their contractual duties are exercised under the direct and physical responsibility or supervision of the armed forces;

- a Member State which has no railway system, and no immediate prospect of having one, would be under a disproportionate and pointless obligation if it had to transpose and implement the provisions of the Directive in respect of rail. Therefore, such a Member State should be exempted, for as long as it has no railway system, from the obligation to transpose the Directive in so far as rail is concerned;

- without prejudice to Community law and the provisions of Chapter 1.9 of Annexes I.1, II.1 and III.1, it should be possible for Member States, for reasons of transport safety, to establish specific and clearly provisions in areas not covered by the Directive;

- derogations should be listed in the directive as "national derogations", rather than "additional national provisions";

- the amendments to the ADR, RID and ADN and the corresponding adaptations to the Annexes should enter into force simultaneously. A recital states that the Commission should provide Member States with financial support, as appropriate, for the translation of the ADR, RID and AND and their modifications into their official language;

- each Member State may , exceptionally and provided that safety is not compromised, issue individual authorisations to carry out transport operations of dangerous goods within its territory which are prohibited by the Directive;

- Member States will be granted a transitional period of up to two years for the application of the provisions of the Directive in respect of inland waterways so as to allow sufficient time for the adaptation of national provisions, the establishment of legal frameworks and the training of personnel. A general transitional period of five years will be granted for all ship and personnel certificates issued prior to or during the transitional period for the application of the Directive in respect of inland waterways, unless a shorter period of validity is indicated in the certificate;

- the report ensured the harmonisation of changing time periods with a 2 year rhythm of amendments to the ADR, RID and AND. Certain derogations will be valid for a period of 6 years (rather than 5) from the date of authorisation, taking into account the 2 year rhythm of amendments to the ADR, RID and AND;

- in accordance with the Interinstitutional agreement on better law-making, Member States are

encouraged to draw up, for themselves and in the interest of the Community, their own tables, which will, as far as possible, illustrate the correlation between the Directive and the transposition

measures and to make them public;

- the transposition date is set for 30 June 2009;

- Member States may maintain national restrictions on the transport of substances containing dioxins and furans as applicable on 31 December 1996.

2007/06/06
   CSL - Debate in Council
Details

The Council reached a general approach on a proposal for a Directive on the inland transport of dangerous goods, pending the adoption of the opinion of the European Parliament at first reading.

As compared with the Commission’s proposal, the text agreed by the Council:

- exempts a Member State which have no railway system from the obligation to transpose and implement this Directive insofar as rail is concerned;

- gives Member States, which have no inland waterways or whose inland waterways are not linked to those of other Member States, the possibility, not to apply the Directive as far as inland waterway transport of dangerous goods is concerned;

- provides for a transitory period of up to two years for the application of its provisions in respect of inland waterways, to allow sufficient time for the adaptation of national provisions establishing legal frameworks and the training of personnel;

- further enhance the safety of transport of dangerous goods for all three inland modes of transport, support the protection of the environment and facilitate transport of dangerous goods and the internal market for transport operators by harmonising the conditions of transport; it further provides a good example for simplification of legislation and for better Regulation.

Documents
2007/06/06
   CSL - Council Meeting
2007/06/05
   EP - Amendments tabled in committee
Documents
2007/02/06
   EP - LIBERADZKI Bogusław (PSE) appointed as rapporteur in TRAN
2007/01/17
   EP - Committee referral announced in Parliament, 1st reading
2006/12/22
   EC - Legislative proposal
Details

PURPOSE: to ensure the uniform application of safety rules and a high level of safety for national and international transport operations.

PROPOSED ACT: Directive of the European Parliament and of the Council.

BACKGROUND: the current system for regulating the transport of dangerous goods is defined by regional, national, Community and international (UN) provisions. For historic reasons existing EU legislation on the transport of dangerous goods is complicated. At present there are four pieces of EU legislation (and these do not include the UN Recommendations) which govern the transport of dangerous goods. They are:

- Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road ;

- Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail ;

- Council Directive 96/35/EC on the appointment and vocational qualification of safety advisers for the transport of dangerous goods by road, rail and inland waterway ; and

- Directive 2000/18/EC on minimum examination requirements for safety advisers for the transport of dangerous goods by road rail or inland waterway .

In addition, most Member States are members of international agreements, which are based on UN Recommendations. They are:

- ADR: on the international carriage of dangerous goods by road ;

- RID: concerning the international carriage of dangerous goods by rail ;

- ADN: concerning the international carriage of dangerous goods by inland water ways .

To add to this complexity, under existing provisions, each time a revision of the international agreements takes place (typically at two-year intervals) the Directives require the full translations of voluminous technical annexes. This can be difficult, if not impossible, to achieve. With the increasing use multimodal transport, different rules for different transport modes will cause even more practical daily problems for multimodal operations and increase costs unnecessarily.

In a bid to simplify legislation, therefore, the Commission is proposing to repeal existing Community legislation into a single, new Directive on the inland transport of dangerous goods . Once approved, this Directive will substantially simplify Community law in the field of dangerous goods transport. Further, all three modes of transport (road, rail and water) will be covered rather than just road and rail, as is currently the case. Also, by referring to the “international agreements” in Annex to the single Directive the Community would reduce its aquis by around 2000 pages.

CONTENT: the purpose of this Directive is to ensure the uniform application of harmonised safety rules throughout the Community and to offer a high level of safety for national and international transport operations. The Directive will apply to:

- the transport of dangerous goods by road;

- the transport of dangerous goods by rail; and

- the transport of dangerous goods by inland waterway.

It will include transport both within or between the Member States. It will include loading and unloading activities; transfer to or from another mode of transport and any stops. It will not apply to any vessels belonging to the armed forces; seagoing vessels on maritime waterways forming part of inland waterways; or ferries only crossing an inland waterway or harbour. Member States may be exempt from provisions referring to inland water ways if they have no inland waterways; their inland waterways are not linked by inland waterway to the waterways of other Member States or no dangerous goods are transported on their inland waterways. In other provisions, the proposed Directive would:

- set out general provisions for dangerous goods transport;

- allow transport from and to non-EU countries which apply international agreements on dangerous goods transport;

- allow Member States to apply additional provisions for national transport;

- allow Member States to take emergency measures in the event of an accident;

- allow for derogations, in exceptional circumstances, to allow for the unique nature of each Member State. Any such derogations would have to be adopted by the Commission is accordance with the comitology procedures and would be subject to periodic review;

- allow Member States to maintain certain temporary national provisions that are listed in the Annex to the Directive; and

- any amendments to the Annexes would be adopted in accordance with comitology procedures.

As a consequence of simplifying the legislation the Commission is expecting: an increase in the use of multimodal transport; decreasing costs of transport operators; a decrease in the risk of accidents for transport workers, citizens and the environment; as well as making the enforcement of the provisions both simpler and more equitable.

2006/12/22
   EC - Document attached to the procedure
2006/12/22
   EC - Document attached to the procedure
2006/12/21
   EC - Legislative proposal published
Details

PURPOSE: to ensure the uniform application of safety rules and a high level of safety for national and international transport operations.

PROPOSED ACT: Directive of the European Parliament and of the Council.

BACKGROUND: the current system for regulating the transport of dangerous goods is defined by regional, national, Community and international (UN) provisions. For historic reasons existing EU legislation on the transport of dangerous goods is complicated. At present there are four pieces of EU legislation (and these do not include the UN Recommendations) which govern the transport of dangerous goods. They are:

- Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road ;

- Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail ;

- Council Directive 96/35/EC on the appointment and vocational qualification of safety advisers for the transport of dangerous goods by road, rail and inland waterway ; and

- Directive 2000/18/EC on minimum examination requirements for safety advisers for the transport of dangerous goods by road rail or inland waterway .

In addition, most Member States are members of international agreements, which are based on UN Recommendations. They are:

- ADR: on the international carriage of dangerous goods by road ;

- RID: concerning the international carriage of dangerous goods by rail ;

- ADN: concerning the international carriage of dangerous goods by inland water ways .

To add to this complexity, under existing provisions, each time a revision of the international agreements takes place (typically at two-year intervals) the Directives require the full translations of voluminous technical annexes. This can be difficult, if not impossible, to achieve. With the increasing use multimodal transport, different rules for different transport modes will cause even more practical daily problems for multimodal operations and increase costs unnecessarily.

In a bid to simplify legislation, therefore, the Commission is proposing to repeal existing Community legislation into a single, new Directive on the inland transport of dangerous goods . Once approved, this Directive will substantially simplify Community law in the field of dangerous goods transport. Further, all three modes of transport (road, rail and water) will be covered rather than just road and rail, as is currently the case. Also, by referring to the “international agreements” in Annex to the single Directive the Community would reduce its aquis by around 2000 pages.

CONTENT: the purpose of this Directive is to ensure the uniform application of harmonised safety rules throughout the Community and to offer a high level of safety for national and international transport operations. The Directive will apply to:

- the transport of dangerous goods by road;

- the transport of dangerous goods by rail; and

- the transport of dangerous goods by inland waterway.

It will include transport both within or between the Member States. It will include loading and unloading activities; transfer to or from another mode of transport and any stops. It will not apply to any vessels belonging to the armed forces; seagoing vessels on maritime waterways forming part of inland waterways; or ferries only crossing an inland waterway or harbour. Member States may be exempt from provisions referring to inland water ways if they have no inland waterways; their inland waterways are not linked by inland waterway to the waterways of other Member States or no dangerous goods are transported on their inland waterways. In other provisions, the proposed Directive would:

- set out general provisions for dangerous goods transport;

- allow transport from and to non-EU countries which apply international agreements on dangerous goods transport;

- allow Member States to apply additional provisions for national transport;

- allow Member States to take emergency measures in the event of an accident;

- allow for derogations, in exceptional circumstances, to allow for the unique nature of each Member State. Any such derogations would have to be adopted by the Commission is accordance with the comitology procedures and would be subject to periodic review;

- allow Member States to maintain certain temporary national provisions that are listed in the Annex to the Directive; and

- any amendments to the Annexes would be adopted in accordance with comitology procedures.

As a consequence of simplifying the legislation the Commission is expecting: an increase in the use of multimodal transport; decreasing costs of transport operators; a decrease in the risk of accidents for transport workers, citizens and the environment; as well as making the enforcement of the provisions both simpler and more equitable.

Documents

Activities

History

(these mark the time of scraping, not the official date of the change)

docs/0/docs/0/url
Old
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2006/0852/COM_COM(2006)0852_EN.pdf
New
http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2006/0852/COM_COM(2006)0852_EN.pdf
docs/3
date
2007-04-19T00:00:00
docs
title: PE386.696
type
Committee draft report
body
EP
docs/6
date
2007-10-18T00:00:00
docs
title: SP(2007)5401
type
Commission response to text adopted in plenary
body
EC
docs/6/docs/0/url
/oeil/spdoc.do?i=13803&j=0&l=en
docs/7
date
2007-10-18T00:00:00
docs
title: SP(2007)5401
type
Commission response to text adopted in plenary
body
EC
docs/11
date
2008-04-30T00:00:00
docs
title: PE405.943
type
Amendments tabled in committee
body
EP
events/0
date
2006-12-21T00:00:00
type
Legislative proposal published
body
EC
docs
summary
events/8
date
2008-04-06T00:00:00
type
Council position published
body
CSL
docs
url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=6920%2F08&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 06920/3/2008
summary
events/11
date
2008-06-05T00:00:00
type
Committee recommendation tabled for plenary, 2nd reading
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/A-6-2008-0227_EN.html title: A6-0227/2008
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Transport and Tourism
committee
TRAN
date
2007-02-06T00:00:00
rapporteur
name: LIBERADZKI Bogusław group: Socialist Group in the European Parliament abbr: PSE
committees/1
body
EP
responsible
True
committee
TRAN
date
2008-03-27T00:00:00
committee_full
Transport and Tourism
rapporteur
group: PSE name: LIBERADZKI Bogusław
committees/2
type
Former Committee Opinion
body
EP
associated
False
committee_full
Environment, Public Health and Food Safety
committee
ENVI
opinion
False
committees/2
body
EP
responsible
True
committee
TRAN
date
2007-02-06T00:00:00
committee_full
Transport and Tourism
rapporteur
group: PSE name: LIBERADZKI Bogusław
council
  • body: CSL type: Council Meeting council: Transport, Telecommunications and Energy meeting_id: 2861 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2861*&MEET_DATE=07/04/2008 date: 2008-04-07T00:00:00
  • body: CSL type: Council Meeting council: Transport, Telecommunications and Energy meeting_id: 2805 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2805*&MEET_DATE=06/06/2007 date: 2007-06-06T00:00:00
docs
  • date: 2006-12-22T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/sec/2006/1725/COM_SEC(2006)1725_EN.pdf title: SEC(2006)1725 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=SECfinal&an_doc=2006&nu_doc=1725 title: EUR-Lex type: Document attached to the procedure body: EC
  • date: 2006-12-22T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/sec/2006/1726/COM_SEC(2006)1726_EN.pdf title: SEC(2006)1726 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=SECfinal&an_doc=2006&nu_doc=1726 title: EUR-Lex type: Document attached to the procedure body: EC
  • date: 2007-04-19T00:00:00 docs: title: PE386.696 type: Committee draft report body: EP
  • date: 2007-06-05T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE390.365 title: PE390.365 type: Amendments tabled in committee body: EP
  • date: 2007-06-28T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2007-253&language=EN title: A6-0253/2007 type: Committee report tabled for plenary, 1st reading/single reading body: EP
  • date: 2007-07-11T00:00:00 docs: url: https://dm.eesc.europa.eu/EESCDocumentSearch/Pages/redresults.aspx?k=(documenttype:AC)(documentnumber:0988)(documentyear:2007)(documentlanguage:EN) title: CES0988/2007 type: Economic and Social Committee: opinion, report body: ESC
  • date: 2008-04-08T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2008/0193/COM_COM(2008)0193_EN.pdf title: COM(2008)0193 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2008&nu_doc=193 title: EUR-Lex summary: The Commission is of the view that the Council’s common position reflects all of the main objectives of its initial proposal. The common position, which was adopted unanimously on 7 April 2008, reflects the compromise text agreed by all three institutions. Both Parliament and Council made several amendments to the proposed Directive. To recall, a package of compromise amendments were adopted by Parliament during Plenary in September 2007. The amendments were agreed on by all three institutions with a view to finding final agreement at first reading. However, two minor omissions were discovered in the operative part of the text adopted by the EP (corresponding recitals were adopted). The texts concerning the application of rules for reasons other than safety and the financing of translations were omitted. These omissions were simply errors, there was no disagreement on the substance of the texts. The text of the two omissions are as follows: Article 1(5): Member States may regulate or prohibit, strictly for reasons other than safety during transport, the transport of dangerous goods within their territory Article 8(2): The Commission shall provide financial support, as appropriate, to the Member states for the translation of the ADR, RID and ADN and their modifications into their official language. To conclude the Commission can accept the common position as it stands . type: Commission communication on Council's position body: EC
  • date: 2008-04-09T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE404.575 title: PE404.575 type: Committee draft report body: EP
  • date: 2008-04-30T00:00:00 docs: title: PE405.943 type: Amendments tabled in committee body: EP
  • date: 2008-06-05T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-227&language=EN title: A6-0227/2008 type: Committee recommendation tabled for plenary, 2nd reading body: EP
  • date: 2008-09-24T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=[%n4]%2F08&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 03656/2008/LEX type: Draft final act body: CSL
events
  • date: 2006-12-22T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2006/0852/COM_COM(2006)0852_EN.pdf title: COM(2006)0852 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2006&nu_doc=852 title: EUR-Lex summary: PURPOSE: to ensure the uniform application of safety rules and a high level of safety for national and international transport operations. PROPOSED ACT: Directive of the European Parliament and of the Council. BACKGROUND: the current system for regulating the transport of dangerous goods is defined by regional, national, Community and international (UN) provisions. For historic reasons existing EU legislation on the transport of dangerous goods is complicated. At present there are four pieces of EU legislation (and these do not include the UN Recommendations) which govern the transport of dangerous goods. They are: - Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road ; - Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail ; - Council Directive 96/35/EC on the appointment and vocational qualification of safety advisers for the transport of dangerous goods by road, rail and inland waterway ; and - Directive 2000/18/EC on minimum examination requirements for safety advisers for the transport of dangerous goods by road rail or inland waterway . In addition, most Member States are members of international agreements, which are based on UN Recommendations. They are: - ADR: on the international carriage of dangerous goods by road ; - RID: concerning the international carriage of dangerous goods by rail ; - ADN: concerning the international carriage of dangerous goods by inland water ways . To add to this complexity, under existing provisions, each time a revision of the international agreements takes place (typically at two-year intervals) the Directives require the full translations of voluminous technical annexes. This can be difficult, if not impossible, to achieve. With the increasing use multimodal transport, different rules for different transport modes will cause even more practical daily problems for multimodal operations and increase costs unnecessarily. In a bid to simplify legislation, therefore, the Commission is proposing to repeal existing Community legislation into a single, new Directive on the inland transport of dangerous goods . Once approved, this Directive will substantially simplify Community law in the field of dangerous goods transport. Further, all three modes of transport (road, rail and water) will be covered rather than just road and rail, as is currently the case. Also, by referring to the “international agreements” in Annex to the single Directive the Community would reduce its aquis by around 2000 pages. CONTENT: the purpose of this Directive is to ensure the uniform application of harmonised safety rules throughout the Community and to offer a high level of safety for national and international transport operations. The Directive will apply to: - the transport of dangerous goods by road; - the transport of dangerous goods by rail; and - the transport of dangerous goods by inland waterway. It will include transport both within or between the Member States. It will include loading and unloading activities; transfer to or from another mode of transport and any stops. It will not apply to any vessels belonging to the armed forces; seagoing vessels on maritime waterways forming part of inland waterways; or ferries only crossing an inland waterway or harbour. Member States may be exempt from provisions referring to inland water ways if they have no inland waterways; their inland waterways are not linked by inland waterway to the waterways of other Member States or no dangerous goods are transported on their inland waterways. In other provisions, the proposed Directive would: - set out general provisions for dangerous goods transport; - allow transport from and to non-EU countries which apply international agreements on dangerous goods transport; - allow Member States to apply additional provisions for national transport; - allow Member States to take emergency measures in the event of an accident; - allow for derogations, in exceptional circumstances, to allow for the unique nature of each Member State. Any such derogations would have to be adopted by the Commission is accordance with the comitology procedures and would be subject to periodic review; - allow Member States to maintain certain temporary national provisions that are listed in the Annex to the Directive; and - any amendments to the Annexes would be adopted in accordance with comitology procedures. As a consequence of simplifying the legislation the Commission is expecting: an increase in the use of multimodal transport; decreasing costs of transport operators; a decrease in the risk of accidents for transport workers, citizens and the environment; as well as making the enforcement of the provisions both simpler and more equitable.
  • date: 2007-01-17T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2007-06-06T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2805*&MEET_DATE=06/06/2007 title: 2805 summary: The Council reached a general approach on a proposal for a Directive on the inland transport of dangerous goods, pending the adoption of the opinion of the European Parliament at first reading. As compared with the Commission’s proposal, the text agreed by the Council: - exempts a Member State which have no railway system from the obligation to transpose and implement this Directive insofar as rail is concerned; - gives Member States, which have no inland waterways or whose inland waterways are not linked to those of other Member States, the possibility, not to apply the Directive as far as inland waterway transport of dangerous goods is concerned; - provides for a transitory period of up to two years for the application of its provisions in respect of inland waterways, to allow sufficient time for the adaptation of national provisions establishing legal frameworks and the training of personnel; - further enhance the safety of transport of dangerous goods for all three inland modes of transport, support the protection of the environment and facilitate transport of dangerous goods and the internal market for transport operators by harmonising the conditions of transport; it further provides a good example for simplification of legislation and for better Regulation.
  • date: 2007-06-26T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: The Committee on Transport and Tourism unanimously adopted a report drawn up by Bogusław Liberadzki (PES, Poland) on the proposal on the inland transport of dangerous goods. It made some amendments, the principal ones being the following: - a new recital states that the provisions of the Directive should not apply to the transport of dangerous goods under the direct and physical responsibility of the armed forces. The transport of dangerous goods carried out by commercial contractors working for the armed forces should, however, fall within the scope of the Directive unless their contractual duties are exercised under the direct and physical responsibility or supervision of the armed forces; - a Member State which has no railway system, and no immediate prospect of having one, would be under a disproportionate and pointless obligation if it had to transpose and implement the provisions of the Directive in respect of rail. Therefore, such a Member State should be exempted, for as long as it has no railway system, from the obligation to transpose the Directive in so far as rail is concerned; - without prejudice to Community law and the provisions of Chapter 1.9 of Annexes I.1, II.1 and III.1, it should be possible for Member States, for reasons of transport safety, to establish specific and clearly provisions in areas not covered by the Directive; - derogations should be listed in the directive as "national derogations", rather than "additional national provisions"; - the amendments to the ADR, RID and ADN and the corresponding adaptations to the Annexes should enter into force simultaneously. A recital states that the Commission should provide Member States with financial support, as appropriate, for the translation of the ADR, RID and AND and their modifications into their official language; - each Member State may , exceptionally and provided that safety is not compromised, issue individual authorisations to carry out transport operations of dangerous goods within its territory which are prohibited by the Directive; - Member States will be granted a transitional period of up to two years for the application of the provisions of the Directive in respect of inland waterways so as to allow sufficient time for the adaptation of national provisions, the establishment of legal frameworks and the training of personnel. A general transitional period of five years will be granted for all ship and personnel certificates issued prior to or during the transitional period for the application of the Directive in respect of inland waterways, unless a shorter period of validity is indicated in the certificate; - the report ensured the harmonisation of changing time periods with a 2 year rhythm of amendments to the ADR, RID and AND. Certain derogations will be valid for a period of 6 years (rather than 5) from the date of authorisation, taking into account the 2 year rhythm of amendments to the ADR, RID and AND; - in accordance with the Interinstitutional agreement on better law-making, Member States are encouraged to draw up, for themselves and in the interest of the Community, their own tables, which will, as far as possible, illustrate the correlation between the Directive and the transposition measures and to make them public; - the transposition date is set for 30 June 2009; - Member States may maintain national restrictions on the transport of substances containing dioxins and furans as applicable on 31 December 1996.
  • date: 2007-06-28T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2007-253&language=EN title: A6-0253/2007
  • date: 2007-09-04T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20070904&type=CRE title: Debate in Parliament
  • date: 2007-09-05T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2007-370 title: T6-0370/2007 summary: The European Parliament adopted by a large majority a resolution drafted by Bogusław LIBERADZKI (PES, PL) on the proposal on the inland transport of dangerous goods. It is expected that this report at first reading in co-decision may lead to a direct agreement with Council. Parliament made some amendments, the principal ones being the following: a new recital states that the provisions of the Directive should not apply to the transport of dangerous goods under the direct and physical responsibility of the armed forces. The transport of dangerous goods carried out by commercial contractors working for the armed forces should, however, fall within the scope of the Directive unless their contractual duties are exercised under the direct and physical responsibility or supervision of the armed forces; a Member State which has no railway system, and no immediate prospect of having one, would be under a disproportionate and pointless obligation if it had to transpose and implement the provisions of the Directive in respect of rail. Therefore, such a Member State should be exempted, for as long as it has no railway system, from the obligation to transpose the Directive in so far as rail is concerned; without prejudice to Community law and the provisions of Chapter 1.9 of Annexes I.1, II.1 and III.1, it should be possible for Member States, for reasons of transport safety, to establish specific and clearly provisions in areas not covered by the Directive; each Member State should retain the right to regulate or prohibit the transport of dangerous goods within its territory, on grounds other than safety, such as grounds of national security or environmental protection; derogations should be listed in the directive as "national derogations", rather than "additional national provisions"; the amendments to the ADR, RID and ADN and the corresponding adaptations to the Annexes should enter into force simultaneously. A recital states that the Commission should provide Member States with financial support, as appropriate, for the translation of the ADR, RID and AND and their modifications into their official language; in order to address unusual and exceptional situations, Member States should have the right to grant individual authorisations allowing the transport of dangerous goods within their territory which would otherwise be prohibited by this Directive; Member States should also be permitted to maintain and develop provisions for the transport of dangerous goods by rail between Member States and States which are contracting parties to the Organisation for Cooperation of Railways (OSJD) until the rules of Annex II to the Agreement on International Goods Transport by Rail (SMGS) and the provisions of Annex II, Section II.1., and thereby the RID, have been harmonised. Within 10 years of the entry into force of this Directive, the Commission should assess the consequences of these provisions and, if necessary, submit appropriate proposals; accordingly, Member States may lay down specific safety requirements for the national and international transport of dangerous goods within their territory as regards : a) the transport of dangerous goods by vehicles, wagons and inland waterway vessels not covered by the Directive; b) where justified, the use of prescribed routes, including the use of prescribed modes of transport; c) special rules for the transport of dangerous goods in passenger trains. They shall inform the Commission of such provisions and their justifications. It shall inform the other Member States accordingly; every Member State may also, exceptionally and provided that safety is not compromised, issue individual authorisations to carry out transport operations of dangerous goods within its territory which are prohibited by the Directive or to carry out such operations under conditions different from those laid down in the Directive, provided that these transport operations are clearly defined and limited in time; the definition of “vehicle” is amended; Directives 94/55/EC, 96/49/EC, 96/35/EC, and 2000/18/EC will be repealed on 30 June 2009; Member States will be granted a transitional period of up to two years for the application of the provisions of the Directive in respect of inland waterways so as to allow sufficient time for the adaptation of national provisions, the establishment of legal frameworks and the training of personnel. Accordingly, Member States may choose not to apply the provisions of Annex III, Section III.1. until, at the latest, 30 June 2011. In such case, a Member State shall continue to apply the provisions of Directives 96/35/EC and 2000/18/EC, as regards inland waterways, as applicable on 30 June 2009. A general transitional period of five years will be granted for all ship and personnel certificates issued prior to or during the transitional period for the application of the Directive in respect of inland waterways, unless a shorter period of validity is indicated in the certificate; the report ensured the harmonisation of changing time periods with a 2 year rhythm of amendments to the ADR, RID and AND. Certain derogations will be valid for a period of 6 years (rather than 5) from the date of authorisation, taking into account the 2 year rhythm of amendments to the ADR, RID and AND; in accordance with the Interinstitutional Agreement on better law-making, Member States are encouraged to draw up, for themselves and in the interest of the Community, their own tables, which will, as far as possible, illustrate the correlation between the Directive and the transposition measures and to make them public; the transposition date is set for 30 June 2009; Member States may maintain national restrictions on the transport of substances containing dioxins and furans for certain periods of time.
  • date: 2008-04-07T00:00:00 type: Council position published body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=6920%2F08&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 06920/3/2008 summary: Prior to the adoption of the common position, a number of informal contacts had already taken place between the Council, the European Parliament and the Commission with a view to reaching agreement at first reading, thereby avoiding the need for a second reading. The rapporteur, Boguslaw LIBERADZKI , presented a number of compromise amendments, which were later adopted by the plenary. Thus, once the legal linguists had scrutinized the text, the Council was in a position to adopt the legislative act. At a certain stage, however, the Legal Service of the European Parliament discovered a discrepancy, which had occurred during the vote at the plenary. More precisely, Amendment 17, consisting of two parts namely, the first part Article 1(5) of the proposal, on which agreement was reached during the informal contacts, and the second part, which was rejected in order to reach a compromise solution. Through error, the whole of Amendment 17 was rejected. As a result, a contradiction emerged between the intention of the EP and the formal vote. Initially, it was hoped that the problem could be solved in the form of a Corrigendum to be adopted by the EP plenary, which would enable the Council to endorse the EP position without amendments. In February 2008, however, Parliament informed the Council that it would be unable to follow this procedure. An agreement at first reading was, therefore, not possible and the Council had to adopt a common position. In its common position, the Council introduced several modifications, which can be summarised as follows: those Member States which have no railway systems will be exempted from transposing and implementing the proposed Directive, insofar as rail is concerned; all Member States, which have no inland waterways or whose inland waterways are not linked to those of other Member States, will be given the possibility of not applying the Directive, insofar as inland waterway transport of dangerous goods is concerned; a transitional period of up to two years for the application of inland waterways provisions is provided for to allow sufficient time for the adoption of national provisions; the establishment of legal frameworks; and the training of personnel. Parliamentary amendments: The text adopted by the European Parliament corresponds to the text of the Council, with two exceptions. They concern two omissions of the EP text namely: 1. Article 1(5), as explained under 2.1 2. Article 8(2) on the financing of translations by the Commission. There was no intention to exclude this paragraph from the EP text, since the relevant Recital 17 appears in the text. To conclude, the Council is of the view that the proposed Directive on the inland transport of dangerous goods will make a very important contribution to ensuring the safety and security of the transport of dangerous goods in the European Union. The proposed Directive will simplify and update the existing dangerous goods rules and at the same time extend the scope of the current rules by including inland waterways. Thus the proposed Directive will provide a user-friendly single set of rules for the inland transport of dangerous goods in the European Union .
  • date: 2008-04-10T00:00:00 type: Committee referral announced in Parliament, 2nd reading body: EP
  • date: 2008-05-29T00:00:00 type: Vote in committee, 2nd reading body: EP summary: The Committee on Transport and Tourism adopted a report by Bogusław LIBERADZKI (PES, PL) and unanimously approved the common position for adopting a directive of the European Parliament and of the Council on the inland transport of dangerous goods.
  • date: 2008-06-05T00:00:00 type: Committee recommendation tabled for plenary, 2nd reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-227&language=EN title: A6-0227/2008
  • date: 2008-06-18T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20080618&type=CRE title: Debate in Parliament
  • date: 2008-06-19T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=15161&l=en title: Results of vote in Parliament
  • date: 2008-06-19T00:00:00 type: Decision by Parliament, 2nd reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2008-302 title: T6-0302/2008 summary: The European Parliament adopted, under the 2 nd reading of the codecision procedure, a legislative resolution approving the common position adopted by the Council with a view to the adoption of a directive of the European Parliament and of the Council on the inland transport of dangerous goods. The recommendation for second reading had been tabled for consideration in plenary by Bo gusław LIBERADZKI (PES, PL) on behalf of the Committee on Transport and Tourism. The text was approved unamended, given that the Council adopted all of the amendments that had already been tabled at first reading. The two modifications introduced by the Council in the interim period have also been approved. First of all, a new paragraph has been introduced, which allows Member States to regulate or prohibit, strictly for reasons other than safety during transport, the transport of dangerous goods within their territory. Secondly, the Council indicated that the Commission should provide financial support to the Member States for the translation of the European Agreements and Regulations in the sector.
  • date: 2008-09-24T00:00:00 type: Final act signed body: CSL
  • date: 2008-09-24T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2008-09-30T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to ensure the safe and secure transport of dangerous goods within the European Union. LEGISLATIVE ACT: Directive 2008/68/EC of the European Parliament and of the Council on the inland transport of dangerous goods. CONTENT: the Directive updates and simplifies the existing rules for the transport of dangerous goods by integrating the rules into a single harmonised directive. Scope : the Directive shall apply to the transport of dangerous goods by road, by rail or by inland waterway within or between Member States, including the activities of loading and unloading, the transfer to or from another mode of transport and the stops necessitated by the circumstances of the transport. The Regulation exempts a Member State that has no railway system from the obligation to transpose and implement this Directive in relation to rail transport. It also allows Member States that have no inland waterways or whose inland waterways are not linked, by inland waterway, to the waterways of other Member States to decide not to apply the Directive in relation to the transport of dangerous goods by inland waterway. Member States may lay down specific safety requirements for the national and international transport of dangerous goods within their territory as regards: (a) the transport of dangerous goods by vehicles, wagons or inland waterway vessels not covered by this Directive; (b) where justified, the use of prescribed routes including the use of prescribed modes of transport; (c) special rules for the transport of dangerous goods in passenger trains. Member States may also regulate or prohibit, strictly for reasons other than safety during transport , the transport of dangerous goods within their territory. Restrictions on grounds of transport safety : Member States may on grounds of transport safety apply more stringent provisions, with the exception of construction requirements, concerning the national transport of dangerous goods by vehicles, wagons and inland waterway vessels registered or put into circulation within their territory. If, in the event of an accident or incident within its territory, a Member State considers that the safety provisions applicable have been found to be insufficient and if there is an urgent need to take action, that Member State shall notify the Commission of the measures which it proposes to take. The Commission shall decide whether to authorise the implementation of the measures in question and the duration of that authorisation. Derogations : Member States may authorise the use of languages other than those provided for in the Annexes for transport operations performed within their territories. Provided that safety is not compromised, Member States may request derogations: (a) for the transport within their territories of small quantities of certain dangerous goods, with the exception of substances having a medium or high level of radioactivity, provided that the conditions for such transport are no more stringent than the conditions set out in those Annexes; (b) for the transport of dangerous goods within their territory in the case of: (i) local transport over short distances; or (ii) local transport by rail on particular designated routes, forming part of a defined industrial process and being closely controlled. Adaptations : the amendments necessary to adapt the Annexes to scientific and technical progress, including the use of technologies for tracking and tracing, in the fields covered by this Directive, in particular to take account of amendments to the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), the Regulations concerning the International Carriage of Dangerous Goods by Rail (RID) and the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (AND), shall be adopted in accordance with the regulatory procedure with scrutiny. The Commission shall provide financial support, as appropriate, to the Member States for the translation of the ADR, RID and ADN and their modifications into their official language. ENTRY INTO FORCE: 01/11/2008 TRANSPOSITION: 30/06/2009. Member States shall be allowed a transitional period of up to two years (until 30/06/2011) for the application of the provisions of this Directive to the transport of dangerous goods by inland waterway so as to allow sufficient time for the adaptation of national provisions, the establishment of legal frameworks and the training of personnel. docs: title: Directive 2008/68 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32008L0068 title: OJ L 260 30.09.2008, p. 0013 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2008:260:TOC
other
  • body: CSL type: Council Meeting council: Former Council configuration
  • body: EC dg: Energy and Transport commissioner: TAJANI Antonio
procedure/dossier_of_the_committee
Old
TRAN/6/61076
New
  • TRAN/6/61076
procedure/final/url
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32008L0068
New
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32008L0068
procedure/instrument
Old
Directive
New
  • Directive
  • Repealing Directive 96/35/EC 1991/0516(SYN) Repealing Directive 94/55/EC 1993/0477(SYN) Repealing Directive 96/49/EC 1994/0284(SYN) Amending Directive 2006/87/EC 1997/0335(COD) Repealing Directive 2000/18/EC 1998/0106(COD)
procedure/subject
Old
  • 3.20.02 Rail transport: passengers and freight
  • 3.20.04 Inland waterway transport
  • 3.20.05 Road transport: passengers and freight
  • 3.70.13 Dangerous substances, toxic and radioactive wastes (storage, transport)
New
3.20.02
Rail transport: passengers and freight
3.20.04
Inland waterway transport
3.20.05
Road transport: passengers and freight
3.70.13
Dangerous substances, toxic and radioactive wastes (storage, transport)
procedure/summary
  • Amending Directive 2006/87/EC
  • Repealing Directive 2000/18/EC
  • Repealing Directive 94/55/EC
  • Repealing Directive 96/35/EC
  • Repealing Directive 96/49/EC
activities/15/docs/1/url
Old
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2008:260:TOC
New
http://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2008:260:SOM:EN:HTML
links/European Commission/title
Old
PreLex
New
EUR-Lex
activities
  • date: 2006-12-22T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2006/0852/COM_COM(2006)0852_EN.pdf celexid: CELEX:52006PC0852:EN type: Legislative proposal published title: COM(2006)0852 type: Legislative proposal published body: EC commission: DG: Energy and Transport Commissioner: TAJANI Antonio
  • date: 2007-01-17T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI body: EP responsible: True committee: TRAN date: 2008-03-27T00:00:00 committee_full: Transport and Tourism rapporteur: group: PSE name: LIBERADZKI Bogusław body: EP responsible: True committee: TRAN date: 2007-02-06T00:00:00 committee_full: Transport and Tourism rapporteur: group: PSE name: LIBERADZKI Bogusław
  • body: CSL meeting_id: 2805 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2805*&MEET_DATE=06/06/2007 type: Debate in Council title: 2805 council: Transport, Telecommunications and Energy date: 2007-06-06T00:00:00 type: Council Meeting
  • date: 2007-06-26T00:00:00 body: EP committees: body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI body: EP responsible: True committee: TRAN date: 2008-03-27T00:00:00 committee_full: Transport and Tourism rapporteur: group: PSE name: LIBERADZKI Bogusław body: EP responsible: True committee: TRAN date: 2007-02-06T00:00:00 committee_full: Transport and Tourism rapporteur: group: PSE name: LIBERADZKI Bogusław type: Vote in committee, 1st reading/single reading
  • date: 2007-06-28T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2007-253&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A6-0253/2007 body: EP committees: body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI body: EP responsible: True committee: TRAN date: 2008-03-27T00:00:00 committee_full: Transport and Tourism rapporteur: group: PSE name: LIBERADZKI Bogusław body: EP responsible: True committee: TRAN date: 2007-02-06T00:00:00 committee_full: Transport and Tourism rapporteur: group: PSE name: LIBERADZKI Bogusław type: Committee report tabled for plenary, 1st reading/single reading
  • date: 2007-09-04T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20070904&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2007-09-05T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=13803&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2007-370 type: Decision by Parliament, 1st reading/single reading title: T6-0370/2007 body: EP type: Results of vote in Parliament
  • body: CSL meeting_id: 2861 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=6920%2F08&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Council position published title: 06920/3/2008 council: Transport, Telecommunications and Energy date: 2008-04-07T00:00:00 type: Council Meeting
  • date: 2008-04-10T00:00:00 body: EP type: Committee referral announced in Parliament, 2nd reading committees: body: EP responsible: True committee: TRAN date: 2008-03-27T00:00:00 committee_full: Transport and Tourism rapporteur: group: PSE name: LIBERADZKI Bogusław body: EP responsible: True committee: TRAN date: 2007-02-06T00:00:00 committee_full: Transport and Tourism rapporteur: group: PSE name: LIBERADZKI Bogusław
  • date: 2008-05-29T00:00:00 body: EP committees: body: EP responsible: True committee: TRAN date: 2008-03-27T00:00:00 committee_full: Transport and Tourism rapporteur: group: PSE name: LIBERADZKI Bogusław body: EP responsible: True committee: TRAN date: 2007-02-06T00:00:00 committee_full: Transport and Tourism rapporteur: group: PSE name: LIBERADZKI Bogusław type: Vote in committee, 2nd reading
  • date: 2008-06-05T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-227&language=EN type: Committee recommendation tabled for plenary, 2nd reading title: A6-0227/2008 body: EP committees: body: EP responsible: True committee: TRAN date: 2008-03-27T00:00:00 committee_full: Transport and Tourism rapporteur: group: PSE name: LIBERADZKI Bogusław body: EP responsible: True committee: TRAN date: 2007-02-06T00:00:00 committee_full: Transport and Tourism rapporteur: group: PSE name: LIBERADZKI Bogusław type: Committee recommendation tabled for plenary, 2nd reading
  • date: 2008-06-18T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20080618&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2008-06-19T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2008-302 type: Decision by Parliament, 2nd reading title: T6-0302/2008 body: EP type: Decision by Parliament, 2nd reading
  • date: 2008-09-24T00:00:00 body: CSL type: Final act signed
  • date: 2008-09-24T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2008-09-30T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32008L0068 title: Directive 2008/68 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2008:260:TOC title: OJ L 260 30.09.2008, p. 0013
committees
  • body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI
  • body: EP responsible: True committee: TRAN date: 2008-03-27T00:00:00 committee_full: Transport and Tourism rapporteur: group: PSE name: LIBERADZKI Bogusław
  • body: EP responsible: True committee: TRAN date: 2007-02-06T00:00:00 committee_full: Transport and Tourism rapporteur: group: PSE name: LIBERADZKI Bogusław
links
National parliaments
European Commission
other
  • body: CSL type: Council Meeting council: Former Council configuration
  • body: EC dg: Energy and Transport commissioner: TAJANI Antonio
procedure
dossier_of_the_committee
TRAN/6/61076
reference
2006/0278(COD)
instrument
Directive
legal_basis
EC Treaty (after Amsterdam) EC 071
stage_reached
Procedure completed
summary
subtype
Legislation
title
Inland transport of dangerous goods
type
COD - Ordinary legislative procedure (ex-codecision procedure)
final
subject