G. KAFKA

TRANSPORT OF DANGEROUS GOODS BY ROAD: safety and security, Council Directives 94/55/EC, 95/50/EC and 96/35/EC

SCHEME OF REGULATIONS ON DANGEROUS GOODS TRANSPORT

RECOMMENDED MULTIMODAL MODEL REGULATIONS

UN-MODEL REGULATIONS (DANGEROUS GOODS)IAEO-REGULATIONS (RADIOACTIVE MATERIAL)

implemented for by

ROAD RAILWAY INLAND NAVIGATION

SEA AIR

INTERNATIONAL AGREEMENTS

ADR RID(COTIF)

ADN(not yet in force)

IMDG-Code(SOLAS)

ICAO-TI

IATA DGR

EU: 1. extended scope:

entire transport on territory of MS by directives

94/55/EC 96/49/EC (draft directive)

2. harmonized implementation by directives

96/35/EC + 2000/18/EC

95/50/EC

3. harmonized with internal market by directives

1999/36/EC

98/91/EC

EU Member States implementation by national law

Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road

“ADR-framework directive”

• Adoption 21 November 1994, publication OJ L 319, 12.12.1994, p. 7

• Adaptations of Annexes A and B: 1. 13 December 1996, Directive 96/86/EC, OJ L 335,

24.12.1996, p. 432. 21 May 1999, Directive 1999/47/EC, OJ L 169, 5.7.1999, p. 13. 29 January 2001, Directive 2001/7/EC, OJ L 30, 1.2.2001, p.

434. 7 April 2003, Directive 2003/28/EC, OJ L 90, 8.4.2003, p. 455. 9 December 2004, Directive 2004/111/EC, OJ L 365,

10.12.2004, p. 25• Amendment: 10 October 2000, Directive 2000/61/EC,

OJ L 279, 1.11.2000, p. 40• Decisions, f.i. on derogations, corrections

SCOPE

• Transport of dangerous goods by road within or between Member States

• Excluded: Tdg by vehicles belonging to or under the responsibility of the armed forces

• Reserved Option: Tdg by vehicles not covered by the definition (e.g. tricycles, bicycles)

DEFINITIONS DANGEROUS GOODS, TRANSPORT

• DANGEROUS GOODS: substances and articles the transport of which by road is prohibited or authorized only in certain circumstances by Annexes A and B

• TRANSPORT: any road transport operation performed by a vehicle wholly or partly on public roads within the territory of a Member State, including the activity of loading and unloading, covered by Annexes A and B, without prejudice to the arrangements laid down by the laws of the Member States concerning liability in respect of such operationsIt shall not include transport wholly performed within the perimeter of an enclosed area

DEFINITION VEHICLE

• motor vehicle + trailer

• for use on the road

• at least four wheels

• excepted– V. max. design speed not exceeding 25 km/h– V. running on rails– Agricultural and forestry tractors– Mobile machinery

PRINCIPLES

• dangerous goods the transport of which is prohibited by Annexes A and B shall not be transported by road

• transport of other dangerous goods shall be authorized subject to compliance with the conditions imposed in Annexes A and B, in particular as regards:a) the packaging and labelling of the goods in question;

andb) the construction, equipment and proper operation of

the vehicle carrying the goods in question.

DEROGATIONS, RESTRICTIONS, EXEMPTIONS

• national transport by vehicles registered in national territory performed under national law consistent with UN-Model Regulations

• MS may regulate or prohibit transport of certain dangerous goods within its territory strictly for reasons other than safety during transport

• more stringent provisions concerning transport performed by vehicles registered or put into circulation within its territory with the exception of construction requirements

DEROGATIONS, RESTRICTIONS, EXEMPTIONS

• urgent MS measures authorized by COM when, in case of accident / incident, provisions applicable have been found to be insufficient

• transport within MS territory of dangerous goods classified, packaged and labelled in accordance with IMDG-Code or ICAO-TI whenever the transport operation involves a sea or air voyage

• provisions on languages for marking / documentation not applicable to national transport operations

DEROGATIONS, RESTRICTIONS, EXEMPTIONS

• transition provisions for certain vehicles, packagings and the “Hazchem-Code”

• derogations based on “multilateral special agreements” according to 1.5.1 ADR

• certain derogations notified to, authorized and issued in a Commission decision

• MS authorisations for national “ad hoc transport operations”

• vehicles of non-member countries may perform international transport of dangerous goods within the EU if the transport in question complies with the ADR

AMENDMENTS

• ANNEXES refer to ADR provisions, are updated in the same periods and published separately

• Simplified procedure for updates of the Annexes

Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road

• Adoption 6 October 1995, publication OJ L 249 , 17.10.1995, p. 35

• Amendment: 7 May 2001, Directive 2001/26/EC, OJ L 168, 23.6.2001, p. 23

• Adaptation of Annexes: 13 December 2004, Directive 2004/112/EC, OJ L 367, 14.12.2004, p. 23

• Reports from the commission on the application by the member states of directive 95/50/EC (to be sent to European Parliament und Council at least every three years)– COM/2000/0517 final– COM/2005/0430 final

SCOPE

• Checks carried out by Member States on

• Transport of dangerous goods by road in

• Vehicles travelling in their territory or entering it from a third country

DEFINITION CHECKS

• any check, control, inspection, verification or formality

• carried out by the competent authorities

• for reasons of safety (and security) inherent in the transport of dangerous goods

CHECKS: REQUIREMENTS

• representative proportion of consignments of d. g. transported by road to be checked

• random checks• extensive portion of the road network to be

covered as far as possible• places for checks well chosen with regard to

possible safety hazards of measures in case of infringing vehicles

• within reasonable length of time• samples of the load may be taken for

examination by recognized laboratories

CHECKLIST

• checklist (annex I) to be used• copy of completed checklist (or certificate on

result of check) to be given to the driver• in case of a subsequent check driver shall

present copy (or certificate) on request • subsequent checks to be simplified or avoided,

unless on specific issues (or significant change of the status quo e.g. of the load)

MEASURES IN CASE OF INFRINGEMENTS

• immobilization or refusal of entry into EC• reference to infringements listed in Annex II• immobilisation

– on-the-spot or – at a place designated for this purpose by the

authorities carrying out the check• continuation of journey

– when transport is brought into conformity or– subject to other appropriate measures

• other penalties reserved

CHECKS AT THE PREMISES OF UNDERTAKINGS

• optional

• where infringements which jeopardize safety in tdg have been recorded at the roadside or

• as a preventive measure • goods may leave the undertaking

– when transport is brought into conformity or– subject to other appropriate measures

MS MUTUAL ASSISTANCE

• for confirmation of a suspicion of a serious or repeated infringement committed by a vehicle registered in another MS

• where, to that end, the competent MS carries out a check in the undertaking, the other MS concerned shall be notified of the results

MS STATISTICAL REPORTS

• MS report statistical figures on the application of 95/50/EC

• for each calendar year

• not later than twelve months after the end of that year

• reference to model in Annex III

ANNEXES

• Amendments by simplified procedure

• ANNEX I: CHECKLIST

• ANNEX II: INFRINGEMENTS

• ANNEX III: MODEL STANDARD FORM FOR THE REPORT TO BE SENT TO THE COMMISSION CONCERNING INFRINGEMENTS AND PENALTIES

ANNEX II: INFRINGEMENTS

• classified into three risk categories (Category I being the most serious)

• Each category consists of a description and a list of failures

• Failures not listed are to be classified according to the descriptions of the categories

• for several infringements established for one transport– most serious risk category to be indicated in the

checklist (N° 39) and– applied for the statistical report (ANNEX III)

RISK CATEGORIES DESCRIPTIONS

• Risk Category I– Where failure to comply with relevant

ADR provisions creates a high-level risk of death, serious personal injury or significant damage to the environment

– such failures would normally lead to taking immediate and appropriate corrective measures such as immobilisation of the vehicle

RISK CATEGORIES DESCRIPTIONS

• Risk Category II– Where failure to comply with relevant

ADR provisions creates a risk of personal injury or damage to the environment

– such failures would normally lead to taking appropriate corrective measures such as requiring rectification at the site of control if possible and appropriate, but at the completion of the current transport movement at the latest

RISK CATEGORIES DESCRIPTIONS

• Risk Category III– Where failure to comply with relevant

provisions result in a low level of risk of personal injury or damage to the environment and

– where appropriate corrective measures do not need to be taken at the roadside but can be addressed at a later date at the undertaking

ANNEX III:STATISTICAL REPORT

ANNEX III:STATISTICAL REPORT

Directive 96/35/EC on the appointment and vocational qualification of safety advisers for the transport of

dangerous goods by road, rail and inland waterway

• Adoption 3 June 1996, publication OJ L 145, 19.6.1996, p. 10

• Supplement: 17 April 2000, Directive 2000/18/EC on minimum examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland waterway , OJ L 118, 19.5.2000, p. 41

SCOPE

• undertakings (situated on the territory of the MS) the activities of which include the transport, or the related loading (incl. packing and filling) or unloading, of dangerous goods by road, by rail or by inland waterway connected to the inland waterways of other Member States

• Member States may exempt undertakings the activities of whicha) concern the transport of dangerous goods in means of transport

that belong to the armed forces or are under their responsibility,b) concern quantities per transport smaller than those defined in

1.1.3.6 of Annex A to Directive 94/55/EC, or c) are not the transport or the related loading or unloading of

dangerous goods but which occasionally engage in the national transport or the related loading or unloading of dangerous goods posing little danger or risk of pollution

DEFINITION UNDERTAKING

• any natural person, any legal person, whether profit-making or not, any association or group of persons without legal personality, whether profit-making or not, or any official body, whether it has legal personality itself or is dependent upon an authority that has such personality, that transports, loads or unloads dangerous goods

DANGEROUS GOODS SAFETY ADVISER (DGSA)

• any (natural) person appointed by the head of an undertaking whose role is to carry out the tasks and fulfil the functions defined and who holds the prescribed training certificate

• one or more safety advisers shall be appointed• DGSA may be

– head of the undertaking– person with other duties in the undertaking, or – person not directly employed by that undertaking,

provided that that person is capable of performing the duties of adviser

• information on identity of DGSA to competent authority of MS State only on request

FUNCTION AND DUTIES

• help to prevent the risks inherent in the undertakings relevant activities with regard to persons, property and the environment

• under responsibility of the head of the undertaking, to seek by all appropriate means and by all appropriate action, within the limits of the relevant activities of that undertaking, to facilitate the conduct of those activities in accordance with the rules applicable and in the safest possible way

• prepare an accident report to the management of the undertaking or to a local public authority, as appropriate on relevant accident (incident, severe infringement)

• duties according to Annex I

DUTIES ACCORDING TO ANNEX I

• monitoring compliance with the rules governing the transport of dangerous goods (list of practices and procedures in undertakings)

• advising his undertaking on the transport of dangerous goods,

• preparing an annual report to the management of his undertaking or a local public authority, as appropriate, on the undertaking's activities in the transport of dangerous goods. Such annual reports shall be preserved for five years and made available to the national authorities at their request

VOCATIONAL - TRAINING CERTIFICATE

• DGSA shall hold training certificate– conforming to model in Annex III– valid for the mode(s) of transport concerned– issued by the competent authority or the body

designated for that purpose by Member State

• certificate shall be valid for five years

• certificate shall be recognized by all Member States

TRAINING AND EXAMINATION FOR DGSAs

• To obtain a certificate a candidate shall undergo training and pass an examination approved by the MS competent authority

• To extend the period of validity of a certificate for another five years the holder shall during the final year before its expiry, follow a refresher course or pass an examination approved by MS competent authority

• training shall provide candidates with sufficient knowledge of the risks inherent in the transport of dangerous goods, of the laws, regulations and administrative provisions applicable to the modes of transport concerned and of the duties listed in Annex I.

• examination shall cover at least the subjects listed in Annex II

EXAMINATION DETAILS

• mandatory written + optional oral examination

• questionnaire consisting of at least 20 open questions or also of multiple choice questions (two shall be equal to one open question)

• case study to demonstrate ability to carry out the tasks of a DGSA

CRITERIA FOR EXAMINATION BODIES

• appointed by Member State (approval in writing)

• competence

• specified examination arrangements

• impartiality of the examinations ensured

• independence of the body as regards any natural or legal persons employing advisers (and training providers)