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Change To The Ministerial Directive 96/86 Establishing «Mifid May 15, 1997/ec Of The Council Of The European Union That Adeguaal Technical Progress Council Directive 94/55/ec, Concerning Dangerous Goods Trace.

Original Language Title: Modifica al decreto ministeriale 15 maggio 1997, recante «Attuazionedella direttiva 96/86/CE del Consiglio dell'Unione europea che adeguaal progresso tecnico la direttiva 94/55/CE, in materia di trasportodi merci pericolose».

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The Minister for infrastructure and transport Saw the Legislative Decree of April 30, 1992, n. 285, which approved the "new rules of the road" and subsequent amendments; Having regard to the Decree of the President of the Republic December 16, 1992, n. 495, which approved the regulation of execution and implementation of the new highway code» as amended; Having regard to the Decree of the Ministry of transport and navigation September 4, 1996 and its annexes A and B, published in the ordinary Supplement No. 211 to the Official Gazette # 282 of December 2, 1996, implementing Directive 94/55/EC on the approximation of the laws of Member States with regard to the transport of dangerous goods by road; Having regard to the Decree of the Ministry of transport and navigation May 15, 1997, published in the ordinary supplement to the official journal # 114 n. 128 of June 4, 1997, implementing Directive 96/86/EC adapting to technical progress Council Directive 94/55/EC on the transport of dangerous goods by road; Having regard to the Decree of the Ministry of transport and navigation September 28, 1999, published in the ordinary supplement n. 186 to the Official Gazette No. 249 of October 22, 1999, implementing Directive 1999/47/EC adapting for the second time to technical progress Council Directive 94/55/EC on the transport of dangerous goods by road; Having regard to the Legislative Decree February 4, 2000, n. 40, implementing Directive 96/35/EC on the appointment and vocational qualification of safety advisers for the transport by road, rail or inland waterway transport of dangerous goods; Having regard to the Decree of the Ministry of transport and navigation May 3, 2001, published in the Official Gazette No. 129 of June 6, 2001, under which it was implemented Directive 2000/61/EC of the European Parliament and of the Council amending Directive 94/55/EC on the approximation of the laws of Member States with regard to the transport of dangerous goods by road, and it was repealed September 4, 1996 decree of the Ministry of transport and navigation with the exception of annexes A and B; Having regard to the order of the Minister of infrastructure and transport December 21, 2001, published in the Official Gazette No. 1 of January 2, 2002, transposing Directive 2001/7/EC adapting for the third time to technical progress Council Directive 94/55/EC on the transport of dangerous goods by road; Having regard to the order of the Minister of infrastructure and transport June 20, 2003, published in Official Gazette No. 156 of July 8, 2003, transposing Directive 2003/28/EC adapting for the fourth time to technical progress Council Directive 94/55/EC on the transport of dangerous goods by road; Given the need to adapt the provisions concerning vocational training for drivers of vehicles carrying dangerous goods to the new provisions and simplify the relevant procedures;
Decrees: Art. 1. Changes to the Decree of the Ministry of transport and navigation 15 January 1997 1. In the Decree of the Ministry of transport and navigation May 15, 1997, any reference to the "general direction of motorizzazione civile e dei trasporti in concessione», however formulated, anywhere it's replaced with «Directorate General has recourse of the operator and the safety of road transport '. 2. In paragraph 2 of art. 2 of the Decree of the Ministry of transport and navigation May 15, 1997, in fine, the words ' shall be added and subsequent amendments and integrations». 3. In paragraph 1 of art. 3 of the Decree of the Ministry of transport and navigation May 15, 1997, ' is that referred to in annex 1 of this decree that forms an integral part of ' shall be replaced by the words "subject to the provisions in annexes A and B of Decree of the Ministry of transport and navigation September 4, 1996 and subsequent amendments and integrations». 4. In paragraph 2 of art. 4 of Decree of the Ministry of transport and navigation May 15, 1997: a) after the words ' industry experience ', ' transport ' shall be added;

b) after the words "five years," added the words "or by at least three years if in possession of the certificate of professional training for all branches of the transport of dangerous goods on the road mode, pursuant to Legislative Decree No 40 February 4, 2000.». 5. In paragraph 4 of art. 4 of Decree of the Ministry of transport and navigation May 15, 1997, ' the former career technical directive ' shall be deleted. 6. In art. 4 of Decree of the Ministry of transport and navigation May 15, 1997, the following is added after paragraph 5: "5-bis. The vocational training certificate is delivered, at the end of the examination of fitness, the student who claimed the test or tests successfully. 5-ter. For circulation on the Italian territory on strings of road network with source, destination, and development on the same Italian territory, you are entitled to the vocational training certificates achieved at EU States. 5-c. For international movement of transit through the territory or international circulation Italian having alternately for source or destination argument takes the Italian territory, vocational training certificates obtained at an acceding State to the international agreement ADR even outside the European Union. 5-d. Italian citizens, holders of driving licence must, in any case, achieve the vocational training certificate in Italy or alternatively in one European Union Member State. 5-e. Italian citizens are holders of vocational training certificate, awarded by a State not belonging to the European Union shall, within one year, convert it to a DMV Office and Security Directorate-General peripheral land transport. '. 7. paragraph 5 of art. 5 of the Decree of the Ministry of transport and navigation May 15, 1997, is replaced by the following: "5. The training courses can be taken by one of the following bodies legally constituted: a) driving schools to conduct courses for all types of driving licences or consortia of driving schools recognized in accordance with art. 123, paragraph 7 of the Legislative Decree of April 30, 1992, # 285, and subsequent amendments and integrations;
b) public bodies operating in the field of vocational training or institutions directly delegates, provided that their statute provides for the conduct of training in the field of transport of dangerous goods;
c) training institutions or service companies, to direct emanation or participation of associations representative firms of production and transport of dangerous goods, provided that their statute provides for the conduct of training in the field of transport of dangerous goods. ". 8. Annex 1 to the Decree of the Ministry of transport and navigation May 15, 1997 is suppressed. 9. in paragraph 2) of annex 2 to the Decree of the Ministry of transport and navigation were added the words ' May 15, 1997 and subsequent amendments and integrations». 10. in point 3) of annex 2 to the Decree of the Ministry of transport and navigation May 15, 1997 ' with at least 15 days in advance ' are deleted. 11. in paragraph 5) of annex 2 to the Decree of the Ministry of transport and navigation May 15, 1997, ' with at least fifteen days in advance and in any case not before fifteen days have elapsed since the end of the course ' are deleted. This Decree will be published in the official journal of the Italian Republic.
Rome, June 10, 2004 the Minister: Lau