Annexes to COM(2021)483 - Uniform procedures for checks on the transport of dangerous goods by road (codification) - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2021)483 - Uniform procedures for checks on the transport of dangerous goods by road (codification). |
|---|---|
| document | COM(2021)483  |
| date | October 19, 2022 |
(5) Regulation (EC) No 1100/2008 of the European Parliament and of the Council of 22 October 2008 on the elimination of controls performed at the frontiers of Member States in the field of road and inland waterway transport (OJ L 304, 14.11.2008, p. 63).
(6) Council Regulation (EEC) No 3912/92 of 17 December 1992 on controls carried out within the Community in the field of road and inland waterway transport in respect of means of transport registered or put into circulation in a third country (OJ L 395, 31.12.1992, p. 6).
(7) Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (OJ L 260, 30.9.2008, p. 13).
(8) OJ L 123, 12.5.2016, p. 1.
ANNEX I
Checklist
(referred to in Article 4)
ANNEX II
Infringements
For the purposes of this Directive, the following non-exhaustive list, classified into three risk categories (category I being the most serious), provides guidance on what is to be regarded as an infringement.
The determination of the appropriate risk category must take account of the particular circumstances and be left to the discretion of the enforcing body/officer at the roadside.
Failures that are not listed under the risk categories shall be classified according to the descriptions of the categories.
In the event that there are several infringements per transport unit, only the most serious risk category (as indicated under item 32 in Annex I) shall be applied for reporting purposes (in compliance with the model standard form set out in Annex III).
1. 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.
Failures are:
| 1. | the dangerous goods being carried are prohibited for transport; |
| 2. | leakage of dangerous substances; |
| 3. | carriage by a prohibited mode or an inappropriate means of transport; |
| 4. | carriage in bulk in a container which is not structurally serviceable; |
| 5. | carriage in a vehicle without an appropriate certificate of approval; |
| 6. | the vehicle no longer complies with the approval standards and presents an immediate danger (otherwise it goes in risk category II); |
| 7. | non-approved packaging is used; |
| 8. | the packaging does not conform to the applicable packing instruction; |
| 9. | the special provisions for mixed packing have not been complied with; |
| 10. | the rules governing the securing and stowage of the load have not been complied with; |
| 11. | the rules governing mixed loading of packages have not been complied with; |
| 12. | the permissible degrees of filling of tanks or packages have not been complied with; |
| 13. | the provisions limiting the quantities carried in one transport unit have not been complied with; |
| 14. | carriage of dangerous goods without any indication of their presence (for example, documents, marking and labelling on the packages, placarding and marking on the vehicle); |
| 15. | carriage without any placarding and marking on the vehicle; |
| 16. | information relevant to the substance being carried, enabling determination of a risk category I offence, is missing (for example, UN number, proper shipping name, packing group); |
| 17. | the driver does not hold a valid vocational training certificate; |
| 18. | fire or an unprotected light is being used; |
| 19. | the ban on smoking is not being observed. |
2. 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.
Failures are:
| 1. | the transport unit comprises more than one trailer/semi-trailer; |
| 2. | the vehicle no longer complies with the approval standards but does not present an immediate danger; |
| 3. | the vehicle is not carrying operational fire extinguishers as required; a fire extinguisher may still be deemed operational if only the prescribed seal and/or the expiry date are missing; however, this shall not apply if the fire extinguisher is visibly no longer operational, for example the pressure gauge is at 0; |
| 4. | the vehicle does not carry the equipment required in the ADR or in the instructions in writing; |
| 5. | test and inspection dates and use-periods of packaging, intermediate bulk containers (IBCs) or large packaging have not been complied with; |
| 6. | packages with damaged packaging, IBCs or large packaging or damaged uncleaned empty packaging are being carried; |
| 7. | carriage of packaged goods in a container which is not structurally serviceable; |
| 8. | tanks/tank containers (including ones that are empty and uncleaned) have not been closed properly; |
| 9. | carriage of a combination packaging with an outer packaging which is not closed properly; |
| 10. | incorrect labelling, marking or placarding; |
| 11. | there are no instructions in writing conforming to the ADR, or the instructions in writing are not relevant to the goods carried; |
| 12. | the vehicle is not properly supervised or parked. |
3. Risk category III
Where failure to comply with relevant provisions results 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.
Failures are:
| 1. | the size of placards or labels or the size of letters, figures or symbols on placards or labels does not comply with the regulations; |
| 2. | information in the transport documentation other than that in risk category I/16 is not available; |
| 3. | the training certificate is not on board the vehicle but there is evidence that the driver holds it. |
ANNEX III
Model standard form for the report to be sent to the Commission concerning infringements and penalties
ANNEX IV
PART A
Repealed Directive with list of the successive amendments thereto
(referred to in Article 13)
| Council Directive 95/50/EC (OJ L 249, 17.10.1995, p. 35). | |
| Directive 2001/26/EC of the European Parliament and of the Council (OJ L 168, 23.6.2001, p. 23). | |
| Commission Directive 2004/112/EC (OJ L 367, 14.12.2004, p. 23). | |
| Directive 2008/54/EC of the European Parliament and of the Council (OJ L 162, 21.6.2008, p. 11). | |
| Regulation (EU) 2019/1243 of the European Parliament and of the Council (OJ L 198, 25.7.2019, p. 241). | only point IX(1) of the Annex |
PART B
Time-limits for transposition into national law
(referred to in Article 13)
| Directive | Time-limit for transposition |
| 95/50/EC | 1 January 1997 |
| 2001/26/EC | 23 December 2001 |
| 2004/112/EC | 14 December 2005 |
| 2008/54/EC | – |
ANNEX V
Correlation table
| Directive 95/50/EC | This Directive |
| Article 1 | Article 1 |
| Article 2, introductory wording | Article 2, introductory wording |
| Article 2, first indent | Article 2, point (a) |
| Article 2, second indent | Article 2, point (b) |
| Article 2, third indent | Article 2, point (c) |
| Article 2, fourth indent | Article 2, point (d) |
| Article 2, fifth indent | Article 2, point (e) |
| Article 3(1) | Article 3(1) |
| Article 3(2) | Article 3(2) |
| Article 4(1), first sentence | Article 4(1), first subparagraph |
| Article 4(1), second sentence | Article 4(1), second subparagraph |
| Article 4(2) to (5) | Article 4(2) to (5) |
| Article 5 | Article 5 |
| Article 6(1) | Article 6(1), first subparagraph |
| Article 6(2), first subparagraph | Article 6(1), second subparagraph |
| Article 6(2), second subparagraph | Article 6(2) |
| Article 7 | Article 7 |
| Article 8, first sentence | Article 8, first paragraph |
| Article 8, second sentence | Article 8, second paragraph |
| Article 9(1), introductory wording | Article 9(1), introductory wording |
| Article 9(1), first indent | Article 9(1), point (a) |
| Article 9(1), second indent | Article 9(1), point (b) |
| Article 9(1), third indent | Article 9(1), point (c) |
| Article 9(1), fourth indent | Article 9(1), point (d) |
| Article 9(1), fifth indent | Article 9(1), point (e) |
| Article 9(2) | Article 9(2) |
| Article 9a | Article 10 |
| Article 9aa | Article 11 |
| Article 10(1) | – |
| Article 10(2) | Article 12 |
| – | Article 13 |
| Article 11 | Article 14 |
| Article 12 | Article 15 |
| Annexes I, II and III | Annexes I, II and III |
| – | Annex IV |
| – | Annex V |