91998E0182

WRITTEN QUESTION E-0182/98 by Florus Wijsenbeek (ELDR) to the Commission (5 February 1998)

Subject: Violation of ADR legislation by Belgium

Is the Commission aware that in Belgium firms carrying dangerous goods are subject to more stringent requirements, including severe penalties, than those in the forwarding agent's declaration ('ADR documents') prescribed by ADR framework directive 94/55?

Does the Commission agree that derogations to the ADR rules should be introduced only after the Commission has been notified - which Belgium has omitted to do - and has given its consent?

Does the Commission therefore believe that Belgium is acting in violation of European legislation and that a stop must be put to this practice forthwith?

Is the Commission prepared to contact the Belgian authorities in this respect with a view to putting a stop to this policy?

If so, how? If not, why not?

Answer given by Mr Kinnock on behalf of the Commission (17 March 1998)

The Commission confirms that under the terms of 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 ((OJ L 319, 12.12.1994. )) the consignor has to certify in a written form that the dangerous goods may be carried by road and are in conformity with the relevant provisions. This statement can be given in the transport document or in a separate declaration. The obligation of the consignor is laid down in Annex A of Council Directive 94/55/EC as amended by Commission Directive 96/86/EC ((OJ L 335, 24.12.1996. )).

The Commission is not aware that the application of the above mentioned provision has led to difficulties in Belgium. However, the Commission is ready to study this case and to contact the authorities in Belgium. The Commission would, therefore, welcome further information from the Honourable Member on this matter.