Considerations on COM(2024)393 - - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)393 - . |
|---|---|
| document | COM(2024)393 |
| date | September 5, 2024 |
(2) Pursuant to Article 14 of the ADR, any contracting party may propose one or more amendments to the Annexes to the ADR. This means that the Working Party on Transport of Dangerous Goods (WP.15) may adopt amendments to the Annexes to the ADR. Pursuant to Article 20 of the ADN, the Safety Committee and Administrative Committee may adopt amendments to the Annexed Regulations to the ADN.
(3) The amendments adopted during the two-year 2022-2024 period by WP.15 and the ADN Administrative Committee on the transport of dangerous goods by road and inland waterways were notified to the ADR and to the ADN contracting parties on 1 July 2024.
(4) It is appropriate to establish the position to be taken on the EU's behalf with regard to those amendments to the ADR and the ADN, as they will be binding under international law and are capable of decisively influencing the content of EU law, namely Directive 2008/68/EC of the European Parliament and of the Council1. That Directive lays down requirements for the transport of dangerous goods by road, rail or inland waterways, which in accordance with Article 1 shall apply within or between Member States, by referring to the ADR and the ADN. Article 4 of the Directive states that the transport of dangerous goods between Member States and third countries shall be authorised in so far as it complies with the requirements of the ADR, RID and ADN, unless otherwise indicated in the Annexes. Moreover, in accordance with Article 8 of Directive 2008/68/EC, the Commission is empowered to adapt Annex I, Section I.1 and Annex III, Section III.1 to Directive 2008/68/EC to scientific and technical progress, in particular to take account of amendments to the ADR, RID or ADN.
(5) The EU is not a contracting party to the ADR or to the ADN. However, this does not prevent it from exercising its competence by establishing, through its institutions, a position to be adopted on its behalf in the body set up by either agreement, in particular through the Member States who are party to either agreement acting jointly in its interest.
(6) All Member States are contracting parties to and apply the ADR, and 13 Member States are contracting parties to and apply the ADN.
(7) The envisaged amendments aim to ensure the safe and efficient transport of dangerous goods, while taking into account scientific and technical progress in the sector and the development of new substances and articles that could be dangerous while being transported. The development of the transport of dangerous goods by road and inland waterways, both within the EU and between the EU and its neighbouring countries, is a key component of the common transport policy and ensures proper functioning of all industrial branches producing or making use of goods classified as dangerous under the ADR or the ADN.
(8) The envisaged amendments are considered to be appropriate for the safe transport of dangerous goods in a cost-effective manner and can therefore be supported.
(9) All the proposed amendments are justified and beneficial, and should therefore be supported by the EU.
(10) The EUs position is to be expressed by its Member States of the Union who are contracting parties to the ADR and the ADN, acting jointly,