51998AP0351

A4-0351/98

Proposal for a Council Directive on the harmonisation of examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland waterways (COM(98)0174 - C4-0242/98 - 98/0106(SYN)

The proposal was approved with the following amendments:

(Amendment 1)

Article 1(2)

>Original text>

2. Member States shall take all necessary and appropriate measures to ensure that safety advisers are examined in conformity with the requirements provided by the present Directive.

>Text following EP vote>

2.

Member States shall take all necessary and appropriate measures to ensure that safety advisers for the transport of dangerous goods are examined in conformity at least with the requirements provided by the present Directive and that the EC certificate of training issued after passing the examination is recognised by all Member States and by the European Economic Area.

(Amendment 2)

Article 3(2)

>Original text>

2. In the examination, the candidates shall demonstrate that they have sufficient knowledge to be awarded the vocational certificate.

>Text following EP vote>

2.

In the examination, the candidates shall demonstrate that they have sufficient knowledge to be capable of fulfilling the tasks of an adviser in an undertaking whose activity includes the transport of dangerous goods or the loading and unloading connected with such transport.

(Amendment 3)

Article 3(3), 2nd subparagraph (new)

>Original text>

>Text following EP vote>

In addition, candidates must demonstrate in a case study that they have the ability to fulfil the tasks of an adviser.

(Amendment 4)

Article 3(4)

>Original text>

4. The examination shall take the form of a written examination.

>Text following EP vote>

4.

The examination shall take the form of a written examination, but may be supplemented by an oral test.

(Amendment 5)

Article 3(5)(a)

>Original text>

(a) Each candidate shall be asked questions on the subject matters covered by Annex II of Directive 96/35/EC as follows:

>Text following EP vote>

(a) Questions shall be set on the subject matters listed in Annex II of Directive 96/35/EC, the requirements being as follows:

>Original text>

1. three questions on each subject listed below:

>Text following EP vote>

1. at least three questions on each subject listed below:

>Original text>

- general preventative and safety measures,

- the classification of dangerous goods,

- general packaging requirements, to include tankers, tank-containers, tank-wagons etc.,

- danger markings and labels,

- references in transport documents,

- handling and stowage,

- crews: vocational training,

- vehicle papers, means of transport certificates,

- safety instructions,

- requirements relating to transport equipment;

>Text following EP vote>

- general preventative and safety measures,

- the classification of dangerous goods,

- general packaging requirements, to include tankers, tank-containers, tank-wagons etc.,

- danger markings and labels,

- references in transport documents,

- handling and stowage,

- crews: vocational training,

- vehicle papers, means of transport certificates,

- safety instructions,

- requirements relating to transport equipment;

>Original text>

2. two questions on each subject listed below:

>Text following EP vote>

2. at least two questions on each subject listed below:

>Original text>

- the method of consignment and restrictions on dispatch,

- prohibitions and precautions relating to mixed loading,

- the segregation of substances,

- limits on the quantities carried and exempted quantities,

- cleaning and/or degassing before loading and after unloading,

- traffic and/or navigation regulations and restrictions,

- operational and accidental discharges of pollutants;

>Text following EP vote>

- the method of consignment and restrictions on dispatch,

- prohibitions and precautions relating to mixed loading,

- the segregation of substances,

- limits on the quantities carried and exempted quantities,

- cleaning and/or degassing before loading and after unloading,

- traffic and/or navigation regulations and restrictions,

- operational and accidental discharges of pollutants;

>Original text>

3. one question on each subject listed below:

>Text following EP vote>

3. at least one question on each subject listed below:

>Original text>

- the transport of passengers,

- surveillance obligations: parking.

>Text following EP vote>

- the transport of passengers,

- surveillance obligations: parking.

(Amendment 6)

Article 3(5a) (new)

>Original text>

>Text following EP vote>

5a. The certificate shall be valid for five years; it shall be issued automatically for further five-year periods where, at least during the final year before its expiry, the holder has taken refresher courses and/or passed an examination, both of which should be approved by the competent authority.

(Amendment 7)

Article 4(1)

>Original text>

1. Notwithstanding Article 3 paragraph 5, Member States may provide that advisers working for undertakings as defined in Article 2 whose activities are concerned only with specific dangerous goods, namely Class 1 (Explosives), Class 2 (Gases), Class 7 (Radioactive material) or mineral oil products (UN numbers 1202, 1203, 1223), shall be tested, in accordance with Annex II of Directive 96/35/EC only on the subject matters related to their activities. The EC certificate of training issued in accordance with Annex III of Directive 96/35/EC will clearly indicate that it is valid only for the specific dangerous goods in accordance with this Article for which the adviser has been examined.

>Text following EP vote>

1.

Notwithstanding Article 3 paragraph 5, Member States may provide that candidates wishing to work as advisers for undertakings as defined in Article 2 whose activities are concerned only with specific dangerous goods shall be tested, in accordance with Annex II of Directive 96/35/EC, only on the subject matters related to their activities.

The types of goods concerned are as follows:

- Class 1: Explosives,

- Class 2: Gases,

- Class 7: Radioactive material,

- mineral oil products (UN numbers 1202, 1203, 1223),

- Classes 3, 4, 5, 6, 8 and 9: Solids and liquids.

>Original text>

>Text following EP vote>

The EC certificate of training issued in accordance with Annex III of Directive 96/35/EC will clearly indicate that it is valid only for the specific dangerous goods in accordance with this Article for which the adviser has been examined.

(Amendment 8)

Article 5(b)

>Original text>

(b) a detailed program specifying the subjects examined and indicating the planned test methods, the duration of the written examination and the pass mark.

>Text following EP vote>

(b)

a detailed program specifying the subjects examined and indicating the planned test methods, the duration of the written examination, the documents permitted and the pass mark.

(Amendment 9)

Article 7

>Original text>

Member States shall assist one another in the implementation of this Directive and shall exchange information on the catalogue of questions, as referred to in Article 3 paragraph 3.

>Text following EP vote>

Member States shall assist one another in the implementation of this Directive

by forwarding to the Commission at regular intervals the catalogue of questions, as referred to in Article 3 paragraph 3. The Commission shall inform the other Member States thereof.

(Amendment 10)

Article 9(3)

>Original text>

3. Member States shall lay down the system of penalties for breaching the national provisions adopted pursuant to this Directive and shall take all the measures necessary to ensure that those penalties are applied. The penalties thus provided for shall be effective, proportionate and dissuasive. Member States shall notify the relevant provisions to the Commission not later than 30 June 1998 and shall notify any subsequent changes as soon as possible.

>Text following EP vote>

3.

Member States shall lay down the system of penalties for breaching the national provisions adopted pursuant to this Directive and shall take all the measures necessary to ensure that those penalties are applied. The penalties thus provided for shall be effective, proportionate and dissuasive. Member States shall notify the relevant provisions to the Commission not later than 30 June 1999 and shall notify any subsequent changes as soon as possible.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive on the harmonisation of examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland waterways (COM(98)0174 - C4-0242/98 - 98/0106(SYN)(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(98)0174 - 98/0106(SYN) ((OJ C 148, 14.5.1998, p. 21.)),

- having been consulted by the Council pursuant to Articles 189c and 75(1) of the EC Treaty (C4-0242/98),

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

- having regard to the report of the Committee on Transport and Tourism (A4-0351/98),

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.