The Official Journal of the European Union published on September 30th, the Directive 2008/68/EC of the European Parliament and the Council of September 24th, 2008, on the inland transport of dangerous goods. The conditions set up by this Directive will ensure that transport of dangerous goods by road, rail or inland waterway, is carried out under the best possible conditions of safety.

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 needed to be replaced with a single Directive which also lays down provisions in relation to inland waterways. This is the general aim of Directive 2008/68/EC, which will be applicable to to the transport of dangerous goods by road, by rail or by inland waterway within or between Member States, including the activities of loading and unloading, the transfer to or from another mode of transport and the stops necessitated by the circumstances of the transport.

The Directive set some exemptions which will not be ruled by its provisions, in the transport of dangerous goods:

• By vehicles, wagons or vessels belonging to or under the responsibility of the armed forces.
• By seagoing vessels on maritime waterways forming part of inland waterways.
• By ferries only crossing an inland waterway or harbour.
• Wholly performed within the perimeter of an enclosed area.

Besides, the harmonisation of the conditions applicable to the national transport of dangerous goods should not prevent specific national circumstances from being taken into account. This Directive therefore permits Member States to grant certain derogations under certain specified conditions. Such derogations should be listed in this Directive as ‘national derogations’.

Also, in order to address unusual and exceptional situations, Member States should have the right to grant individual authorisations allowing the transport of dangerous goods within their territory which would otherwise be prohibited by this Directive.

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).

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 or ADN, unless some cases indicated in the Annexes.

Transposition and Transitional period

The Directive will enter into force the 20th day after publication date. Member States will bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by June 30th, 2009 at the latest. After transposition, Member States will have to inform the Commission, and communicate the text of the main provisions of national law which they adopt in the field covered by this Directive.

A transitional period of up to two years should be allowed for the application of the provisions of this Directive to the transport of dangerous goods by inland waterway so as to allow sufficient time for the adaptation of national provisions, the establishment of legal frameworks and the training of personnel. A general transitional period of five years should be granted in respect of all ship and personnel certificates issued before or during the transitional period for the application of the provisions of this Directive to the transport of dangerous goods by inland waterway, unless a shorter period of validity is indicated in the certificate.