Checks on the transport of dangerous goods by road

 

SUMMARY OF:

Directive 95/50/EC — uniform procedures for checks on the transport of dangerous goods by road

WHAT IS THE AIM OF THE DIRECTIVE?

It introduces a uniform EU-wide system of random checks of vehicles transporting dangerous goods by road to ensure high levels of safety.

KEY POINTS

• The directive applies to checks carried out by EU countries on the transport of dangerous goods by road in vehicles travelling in their territory or entering it from a non-EU country. It does not apply to the transport of dangerous goods under the responsibility of the armed forces.
• These checks are carried out in the territory of an EU country, provided that they are not carried out as frontier checks at the internal frontiers of the EU, but as part of normal checks without discrimination.
• The directive has 3 annexes:
  • Annex I — the checklist that needs to be completed during an inspection;
  • Annex II — a list and categorisation of infringements (for example, Category I includes transport of goods not authorised for transport, absence of a consignor’s declaration on the conformity of the goods and their packaging with transport legislation, inappropriate vehicle or packaging, etc.);
  • Annex III — model standard form for the report to be sent by the EU country to the European Commission concerning infringements and penalties recorded nationally.
• Checks must:
  • cover at least the items included in the checklist in Annex I;
  • be carried out at different places, at any time of the day; and
  • cover a sufficiently extensive portion of the road network to make checkpoints difficult to avoid.
• EU countries’ authorities may immobilise consignments that do not comply. They may oblige them to be brought into conformity before continuing their journey or make them subject to other appropriate measures, depending on the circumstances or the safety requirements. This may include, where appropriate, refusal to allow such vehicles to enter the EU.
• Checks may also be carried out at business premises.
• EU countries must work together to implement this directive effectively (report infringements to the country in which the carrier is registered, share information, etc.).
• Each EU country must send the Commission a report for each calendar year on the application of the directive, including the particulars listed in the directive, such as:
  • the estimated volume of dangerous goods transported by road (in tonnes transported or in tonnes/kilometres);
  • the number of checks carried out and the number of vehicles checked by place of registration (vehicles registered nationally, in other EU countries, or in non-EU countries);
  • the number and categories of infringements recorded;
  • the type and number of penalties imposed.
• Every 3 years, the Commission must send the European Parliament and the Council a report on the application of the directive by the EU countries.

FROM WHEN DOES THE DIRECTIVE APPLY?

It has applied since 17 October 1995 and had to become law in the EU countries by 1 January 1997.

BACKGROUND

For more information, see:

• Dangerous goods (European Commission).

MAIN DOCUMENT

Council Directive 95/50/EC of 6 October 1995 on uniform procedures for checks on the transport of dangerous goods by road (OJ L 249, 17.10.1995, pp. 35-40)

Successive amendments to Directive 95/50/EC have been incorporated in the original document. This consolidated version is of documentary value only.

RELATED DOCUMENTS

Report from the Commission to the European Parliament and the Council on the application by the Member States of Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road (COM(2017) 112 final, 6.3.2017)

Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (OJ L 260, 30.9.2008, pp. 13-59)

See consolidated version.

last update 03.12.2018