Considerations on COM(1999)157 - Amendment of Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail

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(1) Directive 96/49/EC(4) lays down transitional provisions which remained valid until 1 January 1999, to allow the completion of some standardisation work by the European Committee for Standardisation (CEN) on receptacles and tanks; that work has not yet been completed.

(2) The transport equipment covered by the derogation provided for in Article 5(2)(c) of Directive 96/49/EC should be better defined.

(3) In order to allow the Member States to use, for a specified period, rail wagons and tanks that do not comply with a new provision in the Annex to Directive 96/49/EC, there should be a transitional provision to cover rail wagons and tanks constructed on or after 1 January 1997 and used exclusively for national transport.

(4) The deadlines laid down in Article 6(4) of Directive 96/49/EC regarding certain equipment should be put back; identifying the equipment concerned and the latest date for the application of Directive 96/49/EC should be made subject to the procedure laid down in Article 9 thereof.

(5) The derogations provided for in Article 6(9), (11) and (14) of Directive 96/49/EC should be made subject to the procedure laid down in Article 9 thereof.

(6) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(5).

(7) The conditions to be fulfilled before a transport operation may be regarded as an ad hoc transport operation should be specified.

(8) Directive 96/49/EC should be amended accordingly.