51995AP0152

A4-0152/95

Proposal for a Council Directive on the approximation of the laws of Member States with regard to the transport of dangerous goods by rail (COM(94)0573 - C4-0131/95 - 94/0284(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Article 3(2a) (new)

>Text following EP vote>

2a. The agencies responsible for the transport of dangerous goods by rail shall give reasonable advance warning of movements of dangerous goods to local authorities and the relevant emergency services in all areas through which this transport is to take place.

(Amendment 2)

Article 3(2b) (new)

>Text following EP vote>

2b. Trains transporting dangerous goods may not convey members of the public unconnected with that transport operation.

(Amendment 3)

Article 5(1)

>Original text>

1. Without prejudice to other Community legislation, each Member State shall retain the right to regulate or prohibit, strictly for reasons other than safety during transport, in particular for reasons of national security, the transport of certain dangerous goods in its territory.

>Text following EP vote>

1. This Directive shall not restrict the right of Member States, with due regard for Community law, to adopt special rules or grant derogations for transport operations of local significance, e.g. the transport of hydrogen cyanide in purpose-built tank wagons, or for the transport of dangerous goods on narrow- gauge, dock or mountain railways.

(Amendment 4)

Article 5(2)

>Original text>

2. Member States may continue to apply more stringent provisions than those provided for by the Annex to this Directive for the transport of dangerous goods by rail in its territory, excluding construction requirements.

>Text following EP vote>

2. Member States may continue to apply more stringent provisions than those provided for by the Annex to this Directive for the transport of dangerous goods by rail in its territory.

(Amendment 5)

Article 7

>Original text>

Subject to national or Community provisions on market access, the transport of dangerous goods by rail between Community territory and third countries shall be in accordance with the requirements of the RID.

>Text following EP vote>

1. Subject to national or Community provisions on market access, the transport of dangerous goods by rail between Community territory and third countries shall be in accordance with the requirements of the RID.

>Text following EP vote>

2. This Directive shall not affect the right of any Member State to adopt rules governing the transport on its territory of dangerous goods by rail from or to the states of the former Soviet Union which are not Contracting Parties to the COTIF. Such rules shall apply only to the carriage of dangerous goods as part- load consignments, in bulk or in tanks by means of rail wagons approved for rail transport in a state which is not a Contracting Party to the COTIF. Germany, Finland and Austria shall ensure, by adopting appropriate measures and conditions, that a standard of safety equivalent to that provided for by the RID is maintained. In Germany and Austria, the provisions of this paragraph shall apply only to tank wagons.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive on the approximation of the laws of Member States with regard to the transport of dangerous goods by rail (COM(94)0573 - C4-0131/95 - 94/0284(SYN))

(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(94)0573 - 94/0284(SYN) ((OJ C 389, 31.12.1994, p. 15.)),

- having been consulted by the Council pursuant to Articles 75 and 189c of the EC Treaty (C4-0131/95),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on the Environment, Public Health and Consumer Protection (A4-0152/95),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

4. Instructs its President to forward this opinion to the Council and Commission.