Commission Directive 2004/89/EC

of 13 September 2004

adapting for the fifth time to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 96/49/EC of 23 July 1996 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail1, and in particular Article 8 thereof,

Whereas:

(1)

The Annex to Directive 96/49/EC refers to the Regulation concerning the International Carriage of Dangerous Goods by Rail (RID), as applicable with effect from 1 July 2003.

(2)

The RID is normally updated every two years, the latest update being in force from 1 January 2003, with a transitional period up to 30 June 2003.

(3)

Exceptionally the RID was updated again after one year so that the amended version entered into force on 1 January 2004.

(4)

It is therefore necessary to amend the Annex to Directive 96/49/EC.

(5)

The measures provided for in this Directive are in accordance with the opinion of the Committee on the transport of dangerous goods referred to in Article 9 of Directive 96/49/EC,

HAS ADOPTED THIS DIRECTIVE: