Decision 2022/1663 - EU position on the amendments to the Annexes to the Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) and to the Regulations annexed to the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN) - Main contents
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official title
Council Decision (EU) 2022/1663 of 26 September 2022 on the position to be adopted on behalf of the European Union on the amendments to the Annexes to the Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) and to the Regulations annexed to the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN)| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2022/1663 |
| Regdoc number | ST(2022)12123 |
| Original proposal | COM(2022)436  |
| CELEX number i | 32022D1663 |
| Document | 26-09-2022; Date of adoption |
|---|---|
| Publication in Official Journal | 28-09-2022; OJ L 250 p. 19-22 |
| Effect | 26-09-2022; Entry into force Date of document See Art 4 |
| End of validity | 31-12-9999 |
28.9.2022 |
EN |
Official Journal of the European Union |
L 250/19 |
COUNCIL DECISION (EU) 2022/1663
of 26 September 2022
on the position to be adopted on behalf of the European Union on the amendments to the Annexes to the Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) and to the Regulations annexed to the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91, in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) |
The Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) entered into force on 29 January 1968. The European Agreement Concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN) entered into force on 28 February 2008. |
(2) |
Pursuant to Article 14 of the ADR, any Contracting Party may propose one or more amendments to the Annexes to the ADR. The Working Party on Transport of Dangerous Goods (WP.15) is the body competent to decide on the adoption of any such amendments. Pursuant to Article 20 of the ADN, any Contracting Party may propose one or more amendments to the Regulations annexed to the ADN. The Administrative Committee established under the ADN is the body competent to decide on the adoption of any such amendments. During the two-year period between 2020 and 2022, the Working Party on Transport of Dangerous Goods (WP.15) and the ADN Administrative Committee adopted amendments to the Annexes to the ADR and to the Regulations annexed to the ADN, respectively, which were notified to the ADR Contracting Parties on 6 July 2022 and to the ADN Contracting Parties on 1 July 2022. |
(3) |
Pursuant to Article 14 of the ADR, proposed amendments to the Annexes are deemed to be accepted unless at least one third of the Contracting Parties, or five of them if one third exceeds that figure, objects to those amendments within three months from the date on which the Secretary-General circulated the proposed amendments. Pursuant to Article 20 of the ADN, any draft amendment to the Regulations annexed to the ADN is deemed to be accepted unless at least one third of the Contracting Parties, or five of them if one third exceeds that figure, objects to those amendments within three months from the date on which the Secretary-General circulated them. |
(4) |
It is appropriate to establish the position to be adopted on the Union’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 Union law, namely Directive 2008/68/EC of the European Parliament and of the Council (1). That Directive lays down requirements for the transport of dangerous goods by road, rail or inland waterways, which are to apply within or between Member States, by referring to the ADR and the ADN. Additionally, that Directive states that the transport of dangerous goods between Member States and third countries is to be authorised in so far as it complies with the requirements of the ADR, the Regulations concerning the International Carriage of Dangerous Goods by Rail (RID) and the ADN. 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 the ADN. |
(5) |
The Union 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... |
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