Tag Archives: Transport of dangerous goods

Checks on the transport of dangerous goods by road

Checks on the transport of dangerous goods by road

Outline of the Community (European Union) legislation about Checks on the transport of dangerous goods by road

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Transport > Road transport

Checks on the transport of dangerous goods by road

Document or Iniciative

Council Directive 95/50/EC of 6 October 1995 on uniform procedures for checks on the transport of dangerous goods by road [See amending acts].

Summary

This directive applies to checks carried out by European Union (EU) countries on the transport of dangerous goods by road in vehicles travelling in their territory or entering it from a third country. It does not apply to the transport of dangerous goods under the responsibility of the armed forces.

These checks are carried out in the territory of an EU country, provided that they are not carried out as frontier checks at the internal frontiers of the EU, but as part of normal checks without discrimination.

These checks must cover at least the items included in the checklist in Annex I to the directive, be carried out at different places, at any time of the day, and cover a sufficiently extensive portion of the road network to make checkpoints difficult to avoid.

Consignments found to be in infringement may be immobilised, and obliged to be brought into conformity before continuing their journey, or be subject to other appropriate measures, depending on the circumstances or the requirements of safety including, where appropriate, refusal to allow such vehicles to enter the EU.

Checks may also be carried out at the premises of undertakings.

EU countries must work together to effectively implement this directive (report of the infringement to the country in which the carrier is registered, cooperation between EU countries to exchange information, etc.).

Each EU country must send the Commission a report for each calendar year on the application of the directive, including the particulars listed in the directive, such as the number of checks carried out, the number of vehicles checked by place of registration, and the number and type of infringements recorded.

Starting in 1999 and subsequently at least every three years, the Commission will send the European Parliament and the Council a report on the application of the directive by the EU countries.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 95/50/EC

17.10.1995

31.12.1996

OJ L 249 of 17.10.1995

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Directive 2001/26/EC

23.6.2001

23.12.2001

OJ L 168 of 23.6.2001

Directive 2004/112/EC

3.1.2005

14.12.2005

OJ L 367 of 14.12.2004

Directive 2008/54/EC

11.7.2008

OJ L 162 of 21.6.2008

Successive amendments and corrections to Directive 95/50/EC have been incorporated in the basic text. This consolidated versionis for reference purposes only.

Related Acts

Report from the Commission to the European Parliament and the Council of 7 July 2010 on the application by the member states of Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road [COM (2010) 364 – Not published in the Official Journal].
This report covers the period from 2006 to 2007. It concludes that all EU countries have carried out road checks in accordance with Directive 95/50/EC. The Commission found a significant improvement in the volume and quality of the data submitted. Within the checks reported, there continues to be a proportion of vehicles found to infringe the EU legislation. The number of checks in the EU has increased, reaching about 285 000 annual checks in 2007. The number of infringements per check appears to be stable with an infringement detected in approximately one out of eight checks. The fact that almost 10,000 vehicles were immobilised following their check due to a serious infringement demonstrates that practical enforcement of rules on the transport of dangerous goods at the roadside is useful and helps to improve safety.

Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods [Official Journal L 260 of 30.9.2008].

Report from the Commission to the European Parliament and the Council of 13 December 2007 on the application by the Member States of Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road [COM (2007) 795 final – Not published in the Official Journal].

Report from the Commission to the European Parliament and the Council on the application by the member states of Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road [COM (2005) 430 – Not published in the Official Journal].

Commission Directive 2004/112/EC of 13 December 2004 adapting to technical progress Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road [Official Journal L 367 of 14.12.2004].

Report from the Commission to the European Parliament and the Council of 6 September 2000 on the application by the Member States of Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road [COM (2000) 517 final – Not published in the Official Journal].

Road safety: transportable pressure equipment

Road safety: transportable pressure equipment

Outline of the Community (European Union) legislation about Road safety: transportable pressure equipment

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Transport > Road transport

Road safety: transportable pressure equipment

Document or Iniciative

Directive 2010/35/EU of the European Parliament and of the Council of 16 June 2010 on transportable pressure equipment and repealing Council Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36/EC.

Summary

This directive updates certain technical provisions of Directive 1999/36/EC to avoid conflicting rules. It sets out detailed rules on transportable pressure equipment *to improve safety and to ensure free movement of such equipment within the European Union (EU).

This directive applies to:

  • new transportable pressure equipment which does not bear the conformity markings provided for in Directives 84/525/EEC, 84/526/EEC, 84/527/EEC or 1999/36/EC, for the purpose of making it available on the market;
  • transportable pressure equipment bearing the conformity markings provided for in the above directives, for the purposes of its periodic inspections, intermediate inspections, exceptional checks and use;
  • transportable pressure equipment which does not bear the conformity markings provided for in Directive 1999/36/EC, for the purposes of reassessment of conformity.

This directive does not apply to:

  • transportable pressure equipment placed on the market before the implementation date of Directive 1999/36/EC and which has not been subject to a reassessment of conformity;
  • transportable pressure equipment exclusively used for the transport of dangerous goods between EU and non-EU countries, undertaken in accordance with Directive 2008/68/EC.

Obligations of economic operators *

Manufacturers must ensure that when placing their transportable pressure equipment on the market, the equipment has been designed, manufactured and documented in compliance with the requirements in both this directive and in Directive 2008/68/EC. When this compliance is demonstrated through the conformity assessment process, manufacturers must affix the Pi marking * to the equipment. This Pi marking must only be affixed by the manufacturer or, in cases of reassessment of conformity, by or under the surveillance of the notified body.

If manufacturers believe that they have placed on the market transportable pressure equipment that does not conform to the requirements, they must immediately take the necessary corrective measures to fulfil the requirements and, where appropriate, withdraw or recall the equipment from the market. If requested by the competent national authority, manufacturers must provide all documents to prove the conformity of their equipment, in a language easily understood by the authority.

Manufacturers may, by a written mandate, appoint an authorised representative. The mandate will specify tasks for the authorised representative to undertake, but will include:

  • keep the technical documentation at the disposal of national surveillance authorities;
  • provide the competent national authority, on request, with all necessary information and documentation to prove the conformity of the transportable pressure equipment;
  • cooperate with the competent national authorities on action taken to eliminate any risks posed by the equipment covered by the mandate.

Importers and distributors may only place on the EU market transportable pressure equipment that complies with Directive 2008/68/EC and this directive. They must ensure that the equipment bears the Pi marking and has the necessary certificate of conformity. Where importers or distributors do not believe the equipment to be in conformity, they must not place it on the market.

Importers, distributors and owners must:

  • inform the manufacturer and competent authority of any risk presented by the equipment. Alternatively, where relevant, the distributor can inform the importer and the owner can inform either the distributor or the importer of such a risk;
  • document all instances of non-compliance and corrective measures;
  • ensure that when transportable pressure equipment is under their responsibility, storage or transport conditions do not jeopardise its conformity.

The above does not apply to private individuals intending to use the equipment for their personal use, leisure or sporting activities.

Conformity of transportable pressure equipment

The transportable pressure equipment must meet the relevant conformity assessment, periodic inspection, intermediate inspection and exceptional checks requirements, as well as the specifications of the documentation according to which the equipment was manufactured;

Free movement of transportable pressure equipment

No EU country may prohibit, restrict or impede the free movement, the placing on the market and the use of transportable pressure equipment on their territory, when the above complies with this directive.

Key terms used in the act
  • Transportable pressure equipment:
    • all pressure receptacles, their valves and other accessories when appropriate;
    • tanks, battery vehicles / wagons, multiple-element gas containers (MEGCs), their valves and other accessories when appropriate;
    • includes gas cartridges but excludes aerosols, open cryogenic receptacles, gas cylinders for breathing apparatus and fire extinguishers;
  • economic operator: the manufacturer, the authorised representative, the importer, the distributor, the owner or the operator acting in the course of a commercial or public service activity, whether in return for payment or free of charge;
  • Pi marking: marking which indicates that the transportable pressure equipment is in conformity with the applicable conformity assessment requirements set out in Directive 2008/68/EC and in this directive.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 2010/35/EU

20.7.2010

30.6.2011

OJ L 165 of 30.6.2010

Rail safety: transport of dangerous goods by rail

Rail safety: transport of dangerous goods by rail

Outline of the Community (European Union) legislation about Rail safety: transport of dangerous goods by rail

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Transport > Rail transport

Rail safety: transport of dangerous goods by rail

Document or Iniciative

Council Directive 96/49/EC of 23 July 1996 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail [See amending acts].

Summary

The purpose of this Directive is to establish national safety standards at the level of the international standards set in the Convention Convention concerning International Carriage by Rail (COTIF). It also aims to create a single market in the transport of dangerous goods by rail.

International standards

All the Member States are Contracting Parties to the COTIF that defines the rules concerning the contract for international carriage of goods by rail (CIM *). The COTIF does not cover the national carriage of dangerous goods by rail. The CIM constitutes the regulations concerning the international carriage of dangerous goods by rail (RID *).

Scope and derogations

Member States may exempt the transport of dangerous goods conducted by means of transport equipment belonging to the armed forces from the scope of this Directive.

Member States retain the right to lay down safety requirements for national or international transport, in so far as this Directive does not cover that area. This applies, for example, to the running of trains or the marshalling of freight wagons.

Each Member State also retains the right to regulate or prohibit, strictly for reasons other than safety, the internal transport of certain dangerous goods by rail.

Directive 96/49/EC is repealed by Directive 2008/68/EC as from 30 June 2009.

Key terms used in the act

  • RID: the regulations concerning the international carriage of dangerous goods by rail, appearing as Annex I to Appendix B to the Convention concerning international carriage by rail (COTIF);
  • CIM: the uniform rules concerning the contract for international carriage of goods by rail, appearing as Appendix B to the Convention concerning international carriage by rail (COTIF).

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 96/49/EC [Procedure SYN/1994/0284] 17.9.1996 1.1.1997 OJ L 235 of 17.9.1996
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Directive 2000/62/EC 1.11.2000 1.5.2001 OJ L 279 of 1.11.2000
Directive 2001/6/EC 21.2.2001 31.12.2001/31.12.2002 OJ L 30 of 1.2.2001
Decision 2002/885/EC 1.7.2001 1.7.2001/1.7.2003 OJ L 308 of 9.11.2002
Directive 2003/29/EC 9.4.2003 1.7.2003 OJ L 90 of 8.4.2003
Directive 2004/89/EC 6.10.2004 1.10.2004 OJ L 293 of 16.9.2004
Directive 2004/110/EC 30.12.2004 1.7.2005 OJ L 365 of 10.12.2004
Directive 2006/90/EC 24.11.2006 1.7.2007 OJ L 305 of 4.11.2006

Related Acts

CommissionDecision of 13October 2005 amending Decision 2005/180/EC on authorising Member States to adopt certain derogations pursuant to Council Directive 96/49/EC with regard to the transport of dangerous goods by rail [Official Journal L 293 of 09.11.2005].

Commission Decision of 4 March 2005 authorising Member States to adopt certain derogations pursuant to Council Directive 96/49/EC with regard to the transport of dangerous goods by rail [Official Journal L 61 of 08.03.2005].

Annexes A and B to Council Directive 96/49/EC as announced in CommissionDirective (repealed) adapting for the third time to technical progress Council Directive 96/49/EC on theapproximation of the laws of the Member States with regard to the transport of dangerous goods by rail [Official Journal L 121 of 26.04.2004].
The transport of dangerous goods by rail is authorised subject to compliance with the conditions imposed in the annexes. The annexes to the directive cover:

  • dangerous goods which are barred from carriage;
  • dangerous goods which are authorised for carriage and the conditions attaching to them.

CouncilDirective of 3June 1996 on the appointment and vocational qualification of safety advisers for the transport of dangerous goods by road, rail and inland waterway [Official Journal L 145 of 19.06.1996].

Inland transport of dangerous goods

Inland transport of dangerous goods

Outline of the Community (European Union) legislation about Inland transport of dangerous goods

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Transport > Road transport

Inland transport of dangerous goods

Document or Iniciative

Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods.

Summary

This directive applies to the transport of dangerous goods by road, rail or inland waterway within European Union (EU) countries or between several EU countries.

The directive shall not apply to the transport of dangerous goods:

  • by vehicles, wagons or vessels belonging to or under the responsibility of the armed forces;
  • by seagoing vessels on maritime waterways forming part of inland waterways;
  • by ferries only crossing an inland waterway or harbour;
  • wholly performed within the perimeter of an enclosed area.

EU countries have the right to regulate or prohibit, strictly for reasons other than safety during transport, the transport of dangerous goods within their own territory. They may also set down specific safety requirements for the national and international transport of dangerous goods within their own territory with regards to:

  • the transport of dangerous goods by vehicles, wagons or inland waterway vessels not covered by this directive;
  • the use of prescribed routes, where justified, including the use of prescribed modes of transport;
  • special rules for the transport of dangerous goods in passenger trains.

The international transport of dangerous goods is regulated by international agreements: the ADR *, RID * and ADN *. Such rules should also be extended to national transport in order to harmonise across the EU the conditions under which dangerous goods are transported and to ensure the proper functioning of the common transport market. The annexes of the directive refer to the texts of these agreements.

The ADR, RID and ADN have drawn up a list of dangerous goods, indicating whether their transport is prohibited or not and defining the requirements for their transport if it is authorised. EU countries may request temporary derogations under certain conditions.

Background

The EU set out uniform regulations for the transport of dangerous goods by road and rail for several years which provided for the application of the ADR and RID rules. Directives 94/55/EC and 96/49/EC are repealed and replaced by this directive. 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 is also repealed.

Key Terms of the Act
  • ADR: the European Agreement concerning the International Carriage of Dangerous Goods by Road, concluded at Geneva on 30 September 1957.
  • RID: the Regulations concerning the International Carriage of Dangerous Goods by Rail, appearing as Appendix C to the Convention concerning International Carriage by Rail (COTIF) concluded at Vilnius on 3 June 1999.
  • ADN: the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways concluded at Geneva on 26 May 2000.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 2008/68/EC

20.10.2008

30.6.2009

OJ L 260 of 30.9.2008

Successive amendments and corrections to Directive 2008/68/EC have been incorporated into the basic text. This consolidated versionis for reference only.

LAST AMENDMENTS OF ANNEXES:

Annex I, Section I.3, Annex II, Section II.3 and Annex III, Section III.3
Decision 2011/26/EU [OJ L 13 of 18.1.2011].

Maritime safety: Community monitoring, control and information system for maritime traffic

Maritime safety: Community monitoring, control and information system for maritime traffic

Outline of the Community (European Union) legislation about Maritime safety: Community monitoring, control and information system for maritime traffic

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Transport > Intelligent transport and navigation by satellite

Maritime safety: Community monitoring, control and information system for maritime traffic

Document or Iniciative

Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC [See amending act].

Summary

This directive is part of the action taken in line with the Commission’s second communication on maritime safety following the Erika disaster (the Erika II package).

Setting up a European Union (EU) vessel traffic monitoring and information system should help to prevent accidents and pollution at sea and to minimise their impact on the marine and coastal environment, and on the economy and health of local communities.

All ships of 300 gross tonnage and upwards are covered, whether or not they carry dangerous goods, except for:

  • warships;
  • fishing vessels, traditional ships and recreational craft less than 45 metres in length;
  • bunkers below 5 000 tons.

Ship reporting and monitoring

The operator of a ship bound for a port of an EU country must notify certain information (ship identification, total number of persons on board, port of destination, estimated time of arrival) to the port authority at least twenty-four hours in advance, where this is feasible.

The directive stipulates that ships built on or after 1 July 2002 and calling at a port of an EU country must be fitted with:

  • an automatic identification system (AIS), as well as
  • a voyage data recorder (VDR) system (“black box”) to facilitate investigations following accidents.

EU countries have until the end of June 2007 to provide themselves with appropriate equipment and staff to utilise the AIS and VDR information and until the end of June 2008 to coordinate their national systems with those of the other EU countries.

The process of building up all necessary equipment and shore-based installations for implementing this directive must be completed by the end of 2007.

Notification of dangerous or polluting goods on board ships

In respect of the carriage of dangerous or polluting goods on board ships:

  • the shipper is required to deliver a declaration containing certain information (correct technical names of the dangerous or polluting goods, address from which detailed information on the cargo may be obtained) to the master or operator prior to taking the goods on board;
  • the operator, agent or master of a ship must also notify the general information, such as the ship identification and the information provided by the shipper, to the competent authority.

Monitoring of hazardous ships and intervention in the event of incidents and accidents at sea

EU countries which have been notified of the presence of hazardous ships (ships which have been involved in incidents or accidents at sea, have failed to comply with notification and reporting requirements, have deliberately discharged pollutants or have been refused access to ports) must transmit the information they have to the EU countries concerned.

EU countries must take all appropriate measures consistent with international law to deal with incidents or accidents at sea and to require the parties concerned (the operator, the master of the ship and the owner of the dangerous or polluting goods carried on board) to cooperate fully with them with a view to minimising the consequences of the incident.

In addition, the master of a ship must immediately report:

  • any incident or accident affecting the safety of the ship;
  • any incident or accident which compromises shipping safety;
  • any situation liable to lead to pollution of the waters or shore of a EU country;
  • any slick of polluting materials and containers or packages seen drifting at sea.

The directive provides for the possibility of ships being prevented from leaving or entering port in the event of poor weather conditions and obliges EU countries to set up places of refuge to accommodate ships in distress.

The Commission will look into the possibility of setting up a system to compensate ports accommodating ships in distress.

Accompanying measures

Ships entering the area of competence of a vessel traffic service must comply with any International Maritime Organisation (IMO) approved ships’ routing systems, which cover sensitive areas, areas with a high traffic density and areas dangerous for shipping, and must use the vessel traffic services. EU countries must ensure that these facilities have the requisite human and technical resources to accomplish their tasks.

EU countries will have to cooperate to ensure the interconnection and interoperability of their national information systems, in order that the requisite information on the ship or its cargo can be exchanged electronically at any time.

Each EU country must designate the competent authorities, port authorities and coastal stations to which the notifications required by the directive are to be made.

Cooperation must be arranged between the Commission and the EU countries with a view to the future development of the European monitoring, control and information system for maritime traffic. It will cover the development of telematic links between coastal stations and port authorities, and extension of the coverage of the European monitoring system. Efforts must also be made to improve the management of shipping information, which is one of the tasks of the European Maritime Safety Agency.

To ensure the directive is being implemented satisfactorily, EU countries must make regular checks on the operation of their information systems and must introduce a system of financial penalties to act as a deterrent against failure to comply with the directive’s requirements regarding notification and the carrying of equipment.

References

Act Entry into force Deadline for implementation in the Member States Official Journal

Directive 2002/59/EC

5.8.2002

5.2.2004

OJ L 49 of 24.2.2011

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Directive 2011/15/EU

16.3.2011

16.3.2012

OJ L 49 of 24.2.2011

European system for registration of carriers of radioactive materials

European system for registration of carriers of radioactive materials

Outline of the Community (European Union) legislation about European system for registration of carriers of radioactive materials

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Transport > Road transport

European system for registration of carriers of radioactive materials (Proposal)

Proposal

Proposal for a Council Regulation of 30 August 2011 establishing a Community system for registration of carriers of radioactive materials [COM(2011) 518 final – Not published in the Official Journal].

Summary

This Proposal for a Regulation aims at putting in place a European system for registration of carriers of radioactive materials *. Workers and the general public must be protected against the dangers arising from ionising radiation.

The Proposal concerns any carrier transporting radioactive materials within the European Union (EU), from third countries into the EU and from the EU into third countries. It does not concern carriers transporting radioactive materials by air or sea.

Registration of carriers

Carriers must register with the Electronic System for Carrier Registration (ESCReg). The system offers restricted and secure access to the competent authorities of the Member States, to the registered carriers and to the applicants, in accordance with the provisions of the Data Protection Directive.

If an applicant is established in one or more Member States, its application is processed by the competent authority * of the Member State where its head office is located. If the applicant is established in a third country, its application is processed by the competent authority of the Member State where the carrier intends to first enter EU territory.

Member States shall designate a competent authority and a national contact point for the transport of radioactive materials.

If the competent authority refuses to grant the carrier a certificate of registration, the applicant may lodge an appeal.

The certificate of registration is recognised by all Member States and is valid for a period of five years. It may be renewed.

Conditions of transport for radioactive materials

Once registered, the carrier is authorised to carry out transport operations throughout the EU. Carriers must have a copy of their registration certificate during such transport operations.

National reporting and authorisation requirements in addition to those of this Proposal for a Regulation may only apply for the following materials:

  • fissile materials;
  • high consequence radioactive materials.

However, holders of a licence or registration issued pursuant to the Directive on the dangers arising from ionising radiation may transport radioactive materials without registration if their transport is included in licences or registrations for all Member States where the transport takes place.

If carriers do not comply with the requirements of this Proposal for a Regulation, the authorities of the Member State where the offence is recorded may suspend, revoke or modify the carrier’s registration. The carrier may also be prosecuted.

Context

In 2008, the Council and the Parliament adopted the Directive on the transport of dangerous goods grouping together all modes of inland transport. Pursuant to Directive 96/29/Euratom, which lays down basic safety standards for the protection of the health of workers and the general public against dangers arising from ionising radiation, Member States must put in place a system for the registration of companies and institutions processing radioactive materials, including carriers. Under this Proposal for a Regulation, registration will be centralised in order to facilitate transport within the EU.

Key terms of the Act
  • Radioactive material: any material containing radionuclides where both the activity concentration and the total activity in the consignment exceed the values specified in the Regulation on shipments of radioactive substances.
  • Competent authority: any authority designated by the Member State to carry out tasks in accordance with this Regulation.

Reference

Proposal Official Journal Procedure

COM(2011) 518 final

2011/0225/NLE