Directive 2008/68 - Inland transport of dangerous goods - Main contents
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Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2008/68 |
| Original proposal | COM(2006)852  |
| CELEX number i | 32008L0068 |
| Document | 24-09-2008 |
|---|---|
| Publication in Official Journal | 30-09-2008; Special edition in Croatian: Chapter 07 Volume 007,OJ L 260, 30.9.2008 |
| Effect | 20-10-2008; Entry into force Date pub. + 20 See Art 13 |
| End of validity | 31-12-9999 |
| Transposition | 30-06-2009; At the latest See Art 10.1 |
30.9.2008 |
EN |
Official Journal of the European Union |
L 260/13 |
DIRECTIVE 2008/68/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 24 September 2008
on the inland transport of dangerous goods
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1) |
The transport of dangerous goods by road, rail or inland waterway presents a considerable risk of accidents. Measures should therefore be taken to ensure that such transport is carried out under the best possible conditions of safety. |
(2) |
Uniform rules concerning the transport of dangerous goods by road and by rail were established by Council Directive 94/55/EC of 21 November 1994 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road (3) and 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 (4) respectively. |
(3) |
In order to set up a common regime covering all aspects of the inland transport of dangerous goods, Directives 94/55/EC and 96/49/EC should be replaced with a single Directive which also lays down provisions in relation to inland waterways. |
(4) |
The majority of Member States are contracting parties to the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), subject to the Regulations concerning the International Carriage of Dangerous Goods by Rail (RID) and, in so far as is relevant, contracting parties to the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN). |
(5) |
The ADR, RID and ADN lay down uniform rules for the safe international transport of dangerous goods. Such rules should also be extended to national transport in order to harmonise across the Community the conditions under which dangerous goods are transported and to ensure the proper functioning of the common transport market. |
(6) |
This Directive should not apply to the transport of dangerous goods in certain exceptional circumstances linked to the nature of the vehicles or vessels involved, or to the limited nature of the transport undertaken. |
(7) |
Nor should the provisions of this Directive apply to the transport of dangerous goods under the direct and physical responsibility or supervision of the armed forces. The transport of dangerous goods carried out by commercial contractors working for the armed forces should, however, fall within the scope of this Directive unless the contractual duties are carried out under the direct and physical responsibility or supervision of the armed forces. |
(8) |
A Member State that has no railway system, and no immediate prospect of having one, would be under a disproportionate and pointless obligation if it had to transpose and implement the provisions of this Directive in respect of rail transport. Such a Member State should, for as long as it has no railway system, therefore be exempted from the obligation to transpose and implement this Directive in relation to rail transport. |
(9) |
Each Member State should retain the right to exempt from the application of this Directive the transport of dangerous goods by inland waterway if the inland waterways in its territory are not linked, by inland waterway, to the waterways of other Member States, or if no dangerous goods are... |
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