The Commission presented a report on the application by Member States of Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road.

This seventh report has been drawn up on the basis of the annual reports received from the Member States and Norway covering the period 2015-2017.

The report concluded that all Member States carry out checks on vehicles carrying dangerous goods by road, and in general report these checks quite accurately. Some inconsistencies persist though, and the Commission continues its efforts to ensure that the reporting requirements under Directive 95/50/EC are complied with, and that compliance progressively improves each year.

Improved reporting

Some national reports were affected by delays due to administrative procedures for collecting, analysing and transmitting the information to the Commission, in particular when these procedures involve different public authorities. Although the situation had temporarily improved in 2015 compared to the past, the same pace was not observed for the following years, so the Commission had to reiterate its request to the Member States and invite them to improve the format and consistency of the data to be provided in future.

The Commission has received reports from all Member States for the whole period but, notwithstanding major improvements, not all the information has been received in the correct format.

Another major issue addressed by the recommendation was the concept of penalties imposed when an infringement is detected during a roadside check. Due to the differences in legal and administrative arrangements, some Member States were unable to track the outcome of the judicial process following checks revealing suspected infringements.

Comparison of data on checks

The total number of checks performed in the EU+Norway during the period included in this report was not constant on a yearly basis, varying from 136 966 in 2015 (in comparison to 150 348 in 2014) to 133 360 in 2016 and 144 056 in 2017. The number of checks decreased in 2015 by 10.68% compared to 2014, and the tendency to decrease was maintained in 2016, while a slight increase in the number of checks could be observed for 2017 (although not reaching the levels of 2014).

The national trends vary, as only 6 Member States (Greece, Luxembourg, Estonia, Slovenia, Ireland and Sweden) increased the number of checks over the period covered by this report with more than 25%, while Belgium, Denmark, Croatia, Italy, Bulgaria and the United Kingdom showed the highest reductions in the number of checks performed.

In terms of absolute number of checks in the EU, the share of Germany was the highest in 2015 (33.56%), followed by Poland (14.95%) and Austria (9.44%). The same ranking was observed in 2016 with 30.96% of the EU checks performed by Germany, 12.03% by Poland and 8.96% by Austria, while in 2017 Germany had the highest share (28.43%) followed by Greece (14.49%) and Poland (11.27%). It shall be underlined that this indicator is largely related to the size of the Member State.

Infringements

The number of infringements remained relatively stable during the reference period of the present report: in 2015 one check out of 5 affirmed or suspected an infringement in the carriage of dangerous goods, while in 2017 it was one out of 5.8 checks. In figures, this corresponds to 79 103 out of the 417 343 total roadside checks performed in the EU+Norway in the three years covered by this report. Where infringements were detected, in 40% of the cases these were of the most serious type.

Consequently, 7 442 vehicles were immobilised in 2015, 7 282 in 2016 and 6 706 in 2017. It shall be noted that the high number of infringements reported by the Member States may also be due to their targeted check policy, aiming at identifying and sanctioning the worst performing transport operators in order to maximise the efficiency of the scarce resources available. This implies that the statistics presented might not be wholly representative of the EU market for the transport of dangerous goods, which in practice would be much safer than it may appear from the data reported.

To conclude, the latest reports clearly show a moderate decrease since 2014 in the number of checks. However, this recovery is still lagging behind the numbers for 2014 with 150 348 checks, and is dramatically lower in comparison with 2006 with 244 710 checks or 2007 with 285 466 checks (i.e. the first reference years for which EU27 data are available).

Lastly, as it is in the interest of the Member States to detect and prevent any dangers that may arise in the transport of these goods, the Commission would like to encourage more investment in this field, in particular to improve training of enforcement authorities and the exchange of expertise and best practices.

COM(2020)0069
EUR-Lex

The Commission presented a report on the application by Member States of Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road.

This sixth report has been drawn up on the basis of the annual reports received by the Member States and Norway and covers the period 2012-2014.

The report concluded that all Member States carry out checks on vehicles carrying dangerous goods and in general report these checks quite accurately. Directive 95/50/EC is generally applied correctly .

Improving reporting : in 2011, the Commission adopted a recommendation to address some occasional inconsistencies in reporting. After the publication of the recommendation, the reports improved significantly. However, there are still inconsistencies: they concern in particular the sum of infringements by risk category and the concept of penalties imposed when an infringement is detected during a roadside check.

The Commission intends to continue its efforts to ensure compliance with the reporting requirements and to ensure that the situation in this area gradually improves each year.

Developments regarding inspections : the latest reports showed that the availability of resources for these checks is becoming more limited. Compared to the reference period of the previous report (2008-2011), the number of inspections reported decreased each year . Although in 2013, there was an increase of 2.6%, the year 2014 was marked by a return to the values observed in 2012, namely 153 362 inspections carried out.

In 2012, Germany's share was the highest (35.99%), followed by Poland (13%), with Austria again taking the third place (7.8%). The three Member States with the lowest number of checks were Estonia and Malta (0.05%) and Cyprus (0.06%).

To prevent any dangers that may arise in the transport of these goods, the Commission would like to encourage the exchange of best practice and further investment in this field.

Comparison of data : the report noted the following:

· the number of infringements remained relatively stable during the reference period: in 2014 one check out of five affirmed or suspected an infringement in the carriage of dangerous goods, while in 2012 it was one out of 4.5 checks;

· in 2012, the average in the EU was 0.52 checks per million tonne-kilometre; in 2013 it declined to 0.48 implying an annual decrease of 9.6%, while in 2014 it came back to 0.49;

· the proportion of non-conforming units decreased from 22.12% in 2012 to 19.73% in 2014;

· where infringements were detected, in 42.69% of the cases these were of the most serious type . Consequently, some 8 875 vehicles were immobilised in 2012. Infringements falling within this category involve a failure to comply with relevant safety provisions creating a high-level risk of death, serious personal injury or significant damage to the environment.

To conclude, almost 32 000 of the some 150 000 annual roadside checks result in the conclusion that the transport does not comply with the compulsory safety requirements.

According to the Commission, the high number of infringements reported by the Member States may also be due to their targeted check policy, aiming at identifying and sanctioning the worst performing transport operators in order to maximise the efficiency of the scarce resources available.

This implies that the statistics presented are not wholly representative of the EU market for the transport of dangerous goods, which in practice is much safer than it may appear from the data reported.

In this light the Commission, together with the relevant authorities, has started to analyse possibilities to amend the Annexes to the Directive in order to improve the way data on checks and sanctions are recorded and reported by the Member States.

COM(2017)0112
EUR-Lex

The Commission presents its fifth report on Member States’ application of Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road. The report covers the period 2008-2011.

The main observations in the report are as follows:

Application of the Directive : the report notes that Directive 95/50/EC has been in transposed in all Member States' national legislation since 1 January 1997. The details on reporting were amended in 2004 and the modified reporting provisions became applicable on 14 December 2005. Following certain systematic incoherencies in reporting the Commission published a recommendation on the matter in 2011.

All Member States carry out checks on vehicles carrying dangerous goods and report these checks accurately . The uniform checks concern all road transport operations of dangerous goods on the territory of a Member State or entering it from third countries, irrespective of the country of registration of the transport unit.

Only some minor inconsistencies still exist and the Commission ensures each year that the reporting under Directive 95/50/EC is complied with and progressively improved. It can be concluded that Directive 95/50/EC is generally applied correctly .

Evolution of checks : the total number of checks declined by 34% over the four years, from 252 632 to 167 340.

Romania, Slovenia and Austria had the highest percentage increase of checks during the reporting period while Latvia, Bulgaria and Hungary had the highest reductions.

In terms of absolute number of checks in the EU Germany had the highest share in 2011 (34.8%) followed by Spain (11.8%) and Poland (9.8%), while Estonia (0.03%), Malta and Latvia (0.05%) had the lowest shares.

In 2010, the average in the EU was 2.54 checks per million tonne-kilometres; in 2011, it declined to 2.14, implying an annual decrease of 15.7%.

Proportion of non-conforming transport units: this proportion increased from 13.7% in 2008 to 21.4% in 2011 , with major increases notably in Spain, Latvia, Czech Republic and the Netherlands. However, there are 15 Member States where there was no increase in this proportion. The share of non-conforming transport units varies considerably among Member States, reaching almost 70% in Malta while being less than 5% in Bulgaria, Cyprus, Hungary, Romania and Slovakia.

More infringements : the checks are detecting infringements more frequently. In 2011 one check out of five affirmed or suspected an infringement in the carriage of dangerous goods, while in 2008 it was one out of seven checks. There are two possible reasons for this development. The checks may be better targeted to identify infringing carriage or the carriers may be generally less compliant with the provisions.

The Commission will invite the authorities of Member States to provide information on the developments in the checks and on factors affecting these developments, such as the availability of resources and targeting of the checks. Furthermore, clarifications regarding exceptionally high rates of non-conformity will be requested.

Where infringements were detected, in 44% of the cases these were of the most serious type . Consequently, some 9 600 vehicles were immobilised in 2011 (27%).

The highest frequencies of immobilisation in 2011 were recorded in Bulgaria (68%), Ireland (54%) and Romania (53%). In Norway 57% of infringements led to immobilisation in 2011.

Types of penalties : during the inspections carried out in the EU in 2011 there were 7 892 cautions made; fines were imposed in 33 179 cases; and 3 527 cases led to other penalties, including legal and administrative juridical processes.

In 2011 there were some 4% penalties less in total than in 2008 . While the number of cautions grew by 8% over the period and the number of fines by 1%, other penalties decreased by 42%. Only France and Slovakia did not report any statistics on penalties.

Need to maintain targeted enforcement : in the EU a common set of provisions is applied for the transport of dangerous goods. These provisions are used in an identical fashion also in many countries outside the EU.

Nevertheless, almost 36 000 of the some 170 000 annual roadside checks result in the conclusion that the transport operation does not meet the compulsory safety requirements. Given the high danger involved in the transport of these substances and articles, targeted enforcement for this type of transport continues to be indispensable.

EUR-Lex
COM(2013)0815

This is the fourth report on the application of Council Directive 95/50/EC in the Member States and it covers years 2006-2007. The Directive aims at ensuring that a representative proportion of consignments of dangerous goods transported by road is randomly checked, while at the same time covering an extensive portion of the road network. As a preventive measure, or after having recorded infringements at the roadside which jeopardise safety, checks may be also carried out at the premises of undertakings. There is, however, no reporting requirement on these checks in Directive 95/50/EC.

Reports were received from all Member States for both years 2006 and 2007; however many reports were incomplete. These shortcomings have led to gaps in this report.

Frequency of checks : in 2006, the average in the EU was 2.95 checks per million tonne-kilometres; in 2007, it was 3.50. This implies an increase of 18.6%. Bulgaria and Hungary have an exceptionally high frequency of checks. Without the numbers of Bulgaria and Hungary, the EU average would be 2.33 in 2006 and 2.90 in 2007 and the annual increase would be 24.5%.

Proportion of non-conforming transport units : the percentage of non-conforming transport units differs considerably between Member States, reaching almost 80% in Portugal while being less than 5% in a number of Member States. Data is missing from certain Member States.

Frequency of immobilisation of transport units: the frequency of immobilisation differs considerably between Member States. In Bulgaria each vehicle with an infringement was immobilised in 2006 while several Member States reported that no vehicles were immobilised. The following Member States reported that there were no immobilisations for 2006: Estonia, Spain, Cyprus, Lithuania and Malta; for 2007: Cyprus, Estonia, Spain, Latvia, Malta and Sweden.

The Commission notes that all Member States have carried out road side checks according to Directive 95/50/EC. There has been an improvement in the volume and quality of the data which has been submitted to the Commission. Most Member States are using the correct reporting formats. There continues to be a proportion of vehicles found during these checks that infringe the legislation. The number of infringements per check appears to be stable.

The number of checks in the EU increased in the region of 20% from 2006 to 2007, reaching some 285 000 annual checks in 2007. Approximately in one check out of eight an infringement was detected. Some 40% of these infringements were of the most serious type. Consequently, almost 10 000 vehicles were immobilised following their check. This clearly demonstrates that practical enforcement of rules on the transport of dangerous goods at the roadside is useful and helps to improve safety.

The Commission will consider making recommendations to further harmonise the interpretation and content of the information submitted by the Member States in their annual reports.

COM(2010)0364
EUR-Lex

In January 1997, the EU Council Directive on uniform checking procedures for those transporting dangerous goods came into force. Provisions in the Directive stipulate that Member States are to send an annual report to the Commission on the application of the Directive. It also stipulates that the Commission is obliged to forward a report on the application of the Directive to the European Parliament and Council every three years. This is the third report to be forwarded by the Commission, the content of which is based on the annual reports forwarded by the Member States. It covers the years 2003-2005. Due to the enlargement of the EU in 2004 ten new Member States appear in this report. The new Member States were only obliged to provide data for the years 2004-2005.

One of the aims of the Directive is to further improve the level of safety by ensuring that a sufficient level of checks is carried out. The frequency of road checks in the Member States in the period 2003-2005 is in the chart of Annex II. On the basis of this chart and the results from former reports it can be concluded that:

1) The frequency of checks in the European Union as a whole decreased from 0.27 % (1997-1998) to 0.23 % (1999-2002) and, with most of the new Member States included since 2004, increased to 0.29 % (2003-2005).

2) In the Czech Republic, Germany, Hungary and Slovenia the frequency of checks in the period 2003-2005 is above 0.60 %, in Austria, Spain, France, Poland and Sweden it is around 0.25 %, in Belgium, Finland and Malta slightly over 0.10 % and in the other countries 0.06 % or even less.

3) In the countries where the level of checks is highest, it is above 30 times higher than in the countries where the level is lowest. Hungary's data is markedly in excess of other Member States' data.

The conclusions of the report are as follows:

Although most of the Member States performed roadside checks on the transport of dangerous goods between 2003 and 2005, the frequency of checks varied considerably from Member State to Member State, although the average frequency of checks in the EU, taking into account the 2004 enlargement, has increased in the past few years. The number of vehicles that have been found to infringe EU legislation justifies the continued need for checks. The Commission report stresses that road checks are an effective tool in revealing the kind of problems connected to transporting dangerous good. Checks conducted in premises ( as was the case in some Member States) is considered to be an equally effective means of enforcement, albeit one that this not apparent from the annexes to this report. On a final point, the Commission requests the Member States to use the harmonised reporting forms when forwarding data to the Commission. The introduction and application of the new infringement risk categories in all Member States should provide for better reports in the future.

COM(2007)0795
EUR-Lex

In January 1997, the EU Council Directive on uniform checking procedures for those transporting dangerous goods came into force. Provisions in the Directive stipulate that Member States are to send an annual report to the Commission on the application of the Directive. It also stipulates that the Commission is obliged to forward a report on the application of the Directive to the European Parliament and Council every three years. This is the second report to be forwarded by the Commission, the content of which is based on the annual reports forwarded by the Member States. It covers the years 1999-2002. In view of the fact that this report covers two two-year periods, the Commission is of the opinion that the analysis is both meaningful and relevant.

The conclusions of the report are as follows:

Although most of the Member States performed roadside checks on the transport of dangerous goods between 1999 and 2002, the frequency of checks varied considerably from Member State to Member State, with some Member States conducting no checks at all. The frequency of checks across the EU as a whole has decreased. This is a worrying trend given that the proportion of vehicles found during checks to be infringing the Directive’s provisions is substantial. The ratio of the number of infringements to the number of checks in the EU as a whole has increased from 0.22 (1997-1998) to 0.26 (1999-2002). The Commission suggests that the frequency of checks ought to be higher in some countries, even if no direct correlation between the frequency of checks and number of infringements has been found.

The most common infringements are a lack of transport documents concerning the load of dangerous goods and the lack of orange panels showing that the vehicle is transporting dangerous goods. The report also indicates that the majority of infringements were classified under “Others” owing to the incompatibility between the checklist used by the enforcement authorities and the harmonised codes.

The most common penalty was a fine followed by a warning, which may have been supplemented by a ban on continuing the journey.

To conclude, the Commission suggests that information gleaned from analysing the report indicates that road checks are an effective tool in revealing the problems connected with the safety of the transport of dangerous goods. Finally, the Commission would like to point out to the Member States that the harmonised infringement codes should be used in their annual reports and that all of the Member States are obliged to send annual reports to the Commission.

COM(2005)0430
EUR-Lex

EUR-Lex
COM(2000)0517

Directive 1995/50
OJ L 249 17.10.1995, p. 0035

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COM(1995)0289

EUR-Lex
COM(1995)0289

OJ C 089 10.04.1995, p. 0023-0029
T4-0086/1995

Debate in Parliament

T4-0086/1995

A4-0025/1995
OJ C 068 20.03.1995, p. 0013

A4-0025/1995

EUR-Lex
SEC(1994)1929

09665/1/1994
OJ C 354 13.12.1994, p. 0001

09665/1/1994

EUR-Lex
OJ C 238 26.08.1994, p. 0004
COM(1994)0340

EUR-Lex
COM(1994)0340

OJ C 205 25.07.1994, p. 0030-0055
T3-0378/1994

T3-0378/1994

Debate in Parliament

CES0561/1994
OJ C 195 18.07.1994, p. 0018

OJ C 128 09.05.1994, p. 0010
A3-0213/1994

A3-0213/1994

EUR-Lex
OJ C 026 29.01.1994, p. 0010
COM(1993)0665

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COM(1993)0665