G' KAFKA

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G. KAFKA

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

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SCHEME OF REGULATIONS ON DANGEROUS GOODS
TRANSPORT
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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
• 13 December 1996, Directive 96/86/EC, OJ L 335,
  24.12.1996, p. 43
• 21 May 1999, Directive 1999/47/EC, OJ L 169,
  5.7.1999, p. 1
• 29 January 2001, Directive 2001/7/EC, OJ L 30,
  1.2.2001, p. 43
• 7 April 2003, Directive 2003/28/EC, OJ L 90,
  8.4.2003, p. 45
• 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

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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)

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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
  operations
• It shall not include transport wholly performed
  within the perimeter of an enclosed area

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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

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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
• the packaging and labelling of the goods in
  question and
• the construction, equipment and proper operation
  of the vehicle carrying the goods in question.

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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

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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

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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

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AMENDMENTS

• ANNEXES refer to ADR provisions, are updated in
  the same periods and published separately
• Simplified procedure for updates of the Annexes

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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

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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

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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

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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

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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)

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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

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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

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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

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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

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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

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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)

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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

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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

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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

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ANNEX IIISTATISTICAL REPORT
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ANNEX IIISTATISTICAL REPORT
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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

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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 which
• concern the transport of dangerous goods in means
  of transport that belong to the armed forces or
  are under their responsibility,
• concern quantities per transport smaller than
  those defined in 1.1.3.6 of Annex A to Directive
  94/55/EC, or
• 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

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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

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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

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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

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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

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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

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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

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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

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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)